Journal of the House of Representatives of the State of Georgia at the regular session of the General Assembly at Atlanta, Wednesday, June 23d, 1909

Journal
OF THE
House of Representatives
OF THE
STATE. OF GEORGIA
AT THE
Regular Syssion
OF THE
GENERAL ASSEMBLY
At Atlanta, Wednesday, June 23d, 1909
ATLANTA, GA. Chas. P. Byrd, State Printer
11109

JOURNAL.
ATLANTA, GEORGIA,
Wednesday, June 23, 1909.
In pursuance of the laws of Georgia, the House of Representatives met at 10 o'clock this day; was. called to order by Hon. Jno. T. Boifeuillet, Clerk of the last House, and opened with prayer by General Clement A. Evans.
The roll of counties was called and the following representatives-elect came forward and were sworn in as members of the House; the oath of office being administered by Hon. Wm. H. Fish, Chief Justice of the Supreme Court of Georgia.
From the county of
Appling ____________.__,_________,____G. B. Tippins
Baker ______________.___________,______w. J. Kidd
Baldwin ----~-~---------------------- Carl Vinson Banks ------------------------------A. W. Wood Bartow __,_________________.________M. L. Johnson Bartow __,____,____________,____,________J. A. Price Berrien --------------------------.-Geo. A. Paulk Ben Hill _________________________Marion Dickson

4

JouRNAL OF THE HousE.

Bibb __________,______________________Joe H. Hall Bibb _______________________________Roland Ellis
Bibb -------------------------------W. H. Evans Brooks ------------------------------M E. Pope Bryan -----------------'--------W. T. Kicklighter Bulloch ___.., ____________________;}. J. E. Anderson
Bulloch -----------------------------R. Simmons Burke -------------------~------H. J. F-ullbright Burke -----------------------------W. R. Buxton Butts ___________________________;}. M. McMichael
Calhoun ----------------------------A. L. Miller Camden ______________________,Thomas M. Godley
Campbell _____________________________c. S. Reid
w. Carroll __________,___ __,______________ F. Brown
Carroll __________________________ :...M. D. Watkins
Catoosa ------------------------W. C. Hullender Charlton __________________________B. R. Wasden Chatham __,_______________________J. R. Anderson Chatham __________,______________A. A. Lawrence Chattahoochee ______________________B. F. Bagley
Chattooga _____________________B. H. Edmondson Cherokee __________,_________.________Jno. T. Bell Clarke ________________________J. J. C. McMahan Clay __________________________B. M. Turnipseed
Clayton -----------------------------G. M. Huie Clinch ----------------------------8. L. Drawdy Cobb --------------------------------H. B. Moss Cobb ------------------------------G. L. Daniell Coffee _____________________________;}. I. Hatfield Colquitt ___________________________J. M. Walters Columbia ___________________________D. C. Moore

WEDNESDAY, JUNE 23, 1909,

5

Coweta __,__________________________M, H. Couch Coweta ____,_______________________Jos. T. Kirby
Crawford ------------------------C. C. Graddick Crisp --,-----------------------------8. R. Fields Dade __________________,..;_________W. W. Cureton Dawson ________________________Jno. R. Hubbard
Decatur ------------------------------8. Brinson Decatur. ------------------------------T. Parker DeKalb ----------------------------Alonzo Field DeKalb ------------:----~------Hooper Alexander Dodge ____________________________J. H. Roberts Dooly _________________________.______J. P. Heard
Dooly ---------------------------W. E. Beacham Dougherty ______________________Joseph S. Davis Douglas __________________________L. C. Upshaw Early ______________________________D, D. Strong
c. Echols -~--------------------------W. C. Howell
Effingham _________________________ T. Guyton Elbert __________________________A. S. J. Stovall Elbert ______,_______________________B. R. Cordell Emanuel ______,____________________Neil L. Gillis Emanuel __________________________B. L. Brinson
Fannin ----------------------------William Butt Fayette ____________________________R. P. Minter
Floyd --------------------------Claud H. Porter Floyd ------------------------------G. B. Holder Floyd ____________________________Barry Wright
Forsyth --------.,.-----------------A H. Woodliff Franklin ________________________H. H. Chandler
Fulton ---------------------------.George Brown Fulton ______________________Henry A. Alexander

6

JouRNAL OF THE HousE.

Fulton ------------------------Walter McElreath Gilmer ___________________________Robt. E. Smith Glasscock _____________________J. W. P. Whiteley Glynn ____________________________Millard Reese
Gordon ________________ _:_ _____________o. Calbeck
Grady _____________________________w. S. Wight
Greene ________________________M. P. McWhorter
Gwinnett -------------------------0. 0. Simpson Gwinnett __________.______________J. P. McConnell Habersham ________________________T. J. Gastley Hall _______________________________ J. 0. Adams
Hall ________________________________s. B. Carter
Hancock _________________________Robt. H. Lewis
Haralson -------------------------W J. Waddell Harris -----~-----------------------S. T. Ellison Hart ____________________________A. A. McCurry Heard _________________________P. T. McCutchen
Henry __________,____________________R. C.. _Brown
Houston __________________.______R. N. Holtzclaw
Irwin __________,______________J. A. J. Henderson Jackson _________________________John N. Holder Jackson __________________________L. G. Hardman Jasper _____________________________J. A. Kelley
J e:fferson __________._:____________R. N. Hardeman ,Jenkins ___________________________H. A. Procter
Johnson ------------------------- Wm. Faircloth Jones ------------------------------T. R. Turner Laurens ____________________________ J. E. Burch Laurens ____________________________M. S. Jones
Lee _______________________________c. H. Beasley
Liberty ---------------.---------~ J. Harrington

WEDNESDAY, .JUNE 23, 1909.

7

Lincoln _________________________H. L. Culberson.

Lowndes -------------------------W. L. Converse Lowndes ___________________________.)". F. Fender

Lumpkin ----------------------------R H. Baker Macon _______________________________.)". E. Reid
Madison __________________________.)". Y. Williams
Marion -----~------------------E. H. McMichael McDuffie --------------------------R. R. Reaves Mcintosh -----------------------F. H. MacFarland Meriwether -------------------------W R. Jones Miller ______________________________.)". W. Bailey Milton ________________________.___Tribble Shirley

Mitchell -----------------------------A. T. Jones Monroe ---------------------------G. 0. Persons Monroe ______________,_______________Ben. F. Hill

Montgomery ---------------------D. S. McArthur

Morgan -----------------------Paul M. Atkinson

Murray ----------------------------8. A. Brown Muscogee ________________________,____.)". J. Slade

Muscogee ________________________E. Wohlwender

Newton ______________ _: _______L. L. Middlebrooks

Oconee ______________________________J. P. Elder

Oglethorpe ______________________J. P. Armistead

Pickens __________________________J. T. Atherton

Paulding ___________________________.G. W. Helms

Pierce ________________________R. G. Mitchell, Jr.

Pike ______________________________J. F. Redding

Polk _________ _: _______________________E. S. Ault
Pulaski ___________________________z. V. Peacock

Putnam ______________________________A. S. Reid



Quitman ___________________________ T. W. Oliver

8

JouRNAL OF THE HousE.

Rabun _____________________________c. E. Cannon

Richmond -------------------...,--Wallace B. Pierce Richmond ____________________Sam F. Garlington

Richmond -------------------,-----J. R. Littleton Rockdale ____________________._______J. W. Cowan

Schley --.-------------------------0. R. McCrory Screven _____________________._____ _:--__H. S. White Spalding ______________________.,:. ____J os~ D. Boyd Stewart __._________________________A. R. Wright Stephens ________________________Fermor Barrett

Sumter ---------------,-----------J. E. Sheppard
Talbot ----------------------------W. M. Parker
Taliaferro ------------------------J R. Kendrick Tattnall __________________________J. L. Kennedy
Tattnall __._________________________M. W. Smith

Taylor -------------~----------------J. T. Childs
Telfair ___________________________s. J. Meadows
Terrell ______________________M. H. Marshall, Jr.

Thomas -------------------------W. I. Macintyre Thomas -----------------------------M. L. Cook .Tift ---------------------------W. H. Hendricks Toombs ________,________________Silas B. Meadows Towns ____________________________J. F. Johnson

Troup -----------------------------W. T. Tuggle Troup ___________________________Hatton Lovejoy Turner _________________________J. W. Henderson

Twiggs ----:------------------------H. F. Griffin

Union ------------------------------T. N. Berry



Upson -----------------:-__________:,.... _W. Y. Allen Walker ------------------~-----------J. E. Rosser

Walton -----------':_-~-------------B. J. Edwards

WEDNESDAY, JuNE 23, 1909.

9

Walton _____________________________J. W. Smith
Ware -------------------------------8. F. Miller Warren ----------------:-----------J, M. English Washington ________________________B. D. Joiner Washington ________________________Iverson Lord Wayne ------------~-----------------Ben Milikin Webster ----------------------------C. C. Tracey White ___.., ___________________________J. H. Alley Whitfield __________________________M. C. Tarver Wilcox ____________________________D. M. Harvey Wilkes __________________________R. 0. Barksdale
Wilkes ----------------'-------------F. G. Booker Wilkinson ________________________G. H. Carswell Worth -----------~-------------------G. G. Ford

The next business in order being the election of a Speaker, Mr. Hall, of Bibb, placed in nomination Hon. J no. N. Holder, of the county of Jackson, which nomination was seconded by Messrs. Reid, of Campbell; Barrett, of Stephens; Alexander,. of DeKalb; Slade, of Muscogee; Anderson, of Chatham; Ellis, of Bibb; Milikin, of Wayne; Griffin, of Twiggs and others.
There being no other nominations, a ballot viva voce was had and those voting for Mr. Holder were as follows:

10

JOURNAL OF THE HOUSE.

Adams

Daniel

Alexander of DeKalb Davis

Alexander of Fulton Dickson

Allen

Drawdy

Alley

Edmondson

Anderson of Bulloch Edwards

Anderson of Chatham Elder

Armistead

Ellis

Atherton

Ellison

Atkinson

English

Ault

Evans

Barksdale

Faircloth

Bagley

Fender

Bailey

Field of DeKalb

Baker

Fields of Crisp

Barrett

Ford

Beacham

Fullbright

Beasley

Garlington

Bell

Gastley

Berry

Gillis

Brooker

Godley

Boyd

Graddick

Brinson of Decatur Griffin of Twiggs

Brown of Carroll Guyton

Brown of Fulton

Hall

Brown of Henry

Hardeman of Jeffs 'n

Brow.n of Murray Hardman of Jackson

Burch

Harrington

Butt

Harvey

Buxton

Hatfield

Calbeck

Heard

Cannon

Helms

Carswell

Henderson of Irwin

Carter

Henderson of Turner

Chandler

Hendricks

Childs Converse

Hill /
Holder of Floyd

Cooke

Holtzclaw

Cordell

Howell

Couch

Hubbard

Cowan

Hullender

Culberson

Huie

Cureton

Johnson of Bartow

Johnson of Towns Joiner Jones of Laurens
Jones of Meriwether Jones of Mitchell Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lawrence Lewis Littleton Lord
Lovejoy Marshall Meadows of Telfair
Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore
Moss MacFarland Macintyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur

WEDNESDAY, JUNE 23, 1909,

11

Parker of Talbot Paulk Peacock
Per~ons
Pierce Pope Porter Price Proctor Reaves Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Rentz Roberts
Total, 175.

Rosser E.beppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Tarver Tippins Tracey Tuggle Turner Turnipseed

Uvshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart

Hon. Jno. N. Holder having received 175 votes, the --entire number of votes cast, he was declared duly elected Speaker of the House.
The following committee was appointed to escort the Speaker to the Chair, to-wit:
Messrs. ELLis, of Bibb, ANDERSON, of Chatham, SLADE, of Muscogee.
The next business in order being the election of a Clerk, Mr. Reid, of Campbell, placed in nomination Hon. Jno. T. Boifeuillet, of the county of Bibb,

12

J OUBNAL oF THE HousE.

which nomination was seconded by Messrs. Boyd, of Spalding; Alexander, of DeKalb; Slade, of Muscogee; Hubbard, of Dawson; Edmonson, of Chattooga; Adams, of Hall, and others.

There being no other nominations, a ballot viva voce was had and those voting for Mr. Boifeuillet were as follows:

Adams

Calbeck

Alexander of DeKalb Cannon

Alexander of Fulton Carswell

Allen

Carter

Alley

Chandler

Anderson of Bull!Jch Childs

Anderson of Chatham Converse

Armistead

Cooke

Atherton

Cordell

Atkinson

Couch

Ault

Cowan

Barksdale

Culberson

Bagley

Cureton

Bailey

Daniel

Baker

Davis

Barrett

Dickson

Beacham

Drawdy

Beasley

Edmondson

Bell

Edwards

Berry

Elder

Booker

Ellis

Boyd

Ellison

Brinson of Decatur English

Brown of Carroll Evans

Brown of Fulton

Faircloth

Brown of lienry

Fender

Brown ofMurray Field of DeKalb

Burch

Fields. of Crisp

.Butt

Ford

Buxton

Fullbright

Garlington Gastley Gillis Godley Graddick Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson: of Towns Joiner Jones of Laurens

WEDNESDAY, JUNE 23, 1909.

13

Jones of Meriwether Jones of Mitchell Keith Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lawrence Lewis
Lit~leton
Lord Lovejoy Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McArthur McCarthy McConnell

McCrory

Simmons

McCurry

Simpson

McCutchen

Slade

McElreath

Smith of Gilmer

McMahan

Smith of Tattnall

MeMichael of Butts Smith of Walton ' McMichael of-Marion .Stovall

McWhorter

Strong

Oliver

Tarver

Parker of Decatur Tippins

Parker of Talbot

Tracey

Paulk

Tuggle

Peacock

Turner

Persons

Turnipseed

Pierce

Upshaw

Pope

Vinson

Porter

\'"a adell

Price

Walters

Proctor

Wasden

Reaves

Watkins

Redding

White of Screven

Reese

Whiteley

Reid of Campbell Wight of Grady

Reid of Macon

Williams

Reid of Putnam

Wohlwender

Roberts

Wood

Rosser

Woodliff

Sheppard

Wright of Floyd

Shirley

Wright of Stewart

Total, 175.

Hon. Jno. T. Boifeuillet having received 175 votes, the e~tire number of .votes east, he "\YRS dechtred duly elected Clerk of the House of Representatives.

14

JouRNAL OF THE HousE.

The Speaker appointed the following Committee to escort the Clerk to the Clerk's desk, to-wit:
Messrs. REm, of Campbell, HEARD, of Dooly,
CANNON, of Rabun.
Mr. Hall, of Bibb, moved that the Clerk be instructed to notify the Senate that the House has organized according to law, which motion prevailed.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
I am instructed by the Senate to inform the House that the Senate has perfected its organization by the election of Hon. John M. Slaton, of 35th district, President; Hon. J. B. McCurry, of 31st district, President pro tem. ; Hon. C. S. Northen, of Fulton, Secretary; Hon.. Flynn Hargett, of Harris, Messenger; Hon. I. J. Stephens, of Coweta, Door Keeper; and is now ready to proceed with the business of the session.
The following message was received from the Senate through Mr. Northen, the Secretary thereof:
}(lr. Speaker:
The Senate has concurred in the following resolution of the House, to-wit:

WEDNESDAY, JuNE 23, 1909.

15

A resolution providing for a joint Committee from the Senate and House to notify His Excellency the
Governor that the General assembly has organized and is ready for business.
The Committee on part of Senate under above resolution is :
Senators Day and Burwell.
The following message was received from the Senate through Mr. Northern, 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 tomorrow, June 24th, at 11 o'clock a. m., for the purpose of consolidating and declaring the result of the election for Governor and other State House officers.
The Senate has also 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 fr?m the House, to provide for inauguration of the Governor elect.

16

JouRNAL OF THE HousE.

The Committee on part of the Senate in accordance with above resolution are:
Messrs. CALLAwAY, of 29th district, RumciL, of 42d district, MoRRIS, of 18th district.

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

By Mr. Alexander, of DeKalb-
A resolution providing for a joint Committee of three from the H,ouse and two from the Senate to notify the Governor of the organization {)f the General Assembly and of its readiness to transact business.
The Speaker announced the following Committee to notify the Governor :
Messrs. ALEXANDER, CooK, of Thomas, WATKINS.

Mr. Hall, of Bibb, moved that the House proceed to elect a Speaker pro tern., which motion prevailed.
Mr. Butt, of Fannin, placed in nomination Hon. R. N. Hardeman, of the county of Jefferson, which

WEDNESDAY, JUNE 23, 1909.

17

was seconded by Messrs. White, of Screven; McMichael, of Marion; Slade, of Muscogee; Mcln tyre, of Thomas.

There being no other nominations, a ballot viva voce was had and those voting for Mr. Hardeman were as follows:

Adams

Cannon

Alexander of DeKalb Carswell

Alexander of Fulton Carter

Allen

Chandler

Alley

Childs

Anderson of Bulloch Converse

Anderson of Chatham Cooke

Armistead

Cordell

Atherton

Couch

Atkinson

Cowan

Ault

Culberson

Barksdale

Cureton

Bagley

Daniel

Bailey

Davis

Baker

Dickson

Barrett

Drawdy

Beacham

Edmondson

Beasley

Edwards

Bell

Elder

Berry

Ellis

Booker

Ellison

Boyd

English

Brinson of Decatur Evans

Brown of Carroll Faircloth

Brown of Fulton

Fender

Brown of Henry

Field of DeKalb

Brown of Murray Fit>lds of Crisp

Burch

Ford

Butt

F11llbright

Buxton

Garlington

Calbeck

Gastley

Gillis Godley Graddick Griffin of Twiggs Guyton Hall Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Johnson of Towns Joiner .Tones of Laurens Jones of Meriwether Jones of Mitchell Kelley Kendrick Kennedy

18

JouRNAL OF THE HousE.

Kicklighter Kidd Kirby Lawrence Lewis Littleton Lord Lovejoy Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McArthur McConnell McCrory McCurry McCutchen McElreath

McMahan McMichael of Butt11 McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce Pope Porter Price Proctor Reaves Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Roberts Rosser 5'heppard Shirley Simmons Simpson

Slade Smith of Gilmer Smith of Walton Stovall Strong Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart

Total, 171.
Mr. Hardeman having received 171 votes, the entire number of votes cast, he was declared duly elected Speaker pro tern. of the House of Representatives.

The motion was made and carried that the House proceed with the election of a Messenger.

Mr. Henderson, of Irwin, placed in nomination

WEDNESDAY, JUNE 23, 1909.

19

Hon. D. T. Paulk, of the county of Ben Hill, which was seconded by Messrs. Butt, of Fan~in; Anderson,
of Chatham; Pate, of Dooly; Griffin, of Twiggs, and
others.

Mr. Middlebrooks, of Newton, placed in nomination Hon. W. J. M. Preston, of Jasper county, which was seconded by Mr. Hall, of Bibb, and others.

Mr. Brown, of Fulton; placed in nomination Mr. J. H. Pittman, of the county of Fulton, which was seconded by Messrs. Couch and Kirby, of Coweta, and others.

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

Those voting for Mr. Paulk were Messrs.:

Adams

Brown of Carroll

Allen

Brown of Henry

Alley

Brown of Murray

Anderson of Bulloch Burch

Anderson of Chatham Butt

Armistead

Buxton

Bailey

Calbeck

Baker

Cannon

Barrett

Carter

Beacham

Chandler

Beasley

Childs

Bell

Converse

Berry

Cooke

Boyd

Cordell

Brinson of Decatur Daniel

Davis Dickson Drawdy Elder Ellis Faircloth Fender Fields of Crisp Ford Gastley Gillis Godley Graddick Griffin of Twiggs Guyton

20

JouRNAL OF THE HousE.

Hardeman of Jeffs'n Hardman of Jackson Harvey Hatfield Heard Henderson of Irwin Henderson of Turner Hendricks Hill Holtzclaw Hullender Johnson of Bartow Johnson of Towns Joiner Jones of Laurens Jones of Mitchell Kendrick Kennedy Kicklighter Kidd Lewis Littleton Lord Marshall Meadows of Telfair Meadows of Toombs Miller of Calhoun Miller of Ware Milikin

Minter Mitchell Moore MacFarland Macintyre McArthur McConnell McCrory McCurry McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Peacock Persons Pope Porter Price Proctor Reaves Redding Reese Reid of Macon Roberts Rosser 5'heppard

Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Stovall Strong Tarver Tippins Tracey 'fu1"ner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart

Total, 131.

Those voting for Mr. Pittman were Messrs.:

Alexander of DeKalb Cowan

Alexander of Fulton Cureton

Barksdale

Ellison

Booker

Helms

Brown of Fulton

Kirby

Couch

Lawrence

Total, 18.

Lovejoy Moss McCutchen McElreath Reid of Campbell Tuggle

WEDNESDAY, JUNE 23, 1909.

21

Those voting for Mr. Preston were Messrs.:

Atkinson Ault Carswell Edwards
Total, 11.

English Evans Hall Kelley

Middlebrooks Reid of Putnam Smith of Walton

Upon counting the votes cast for Messenger it was found that Mr. Paulk had received 131 votes; Mr. Preston, 11 votes; Mr. Pittman, 18 votes.
Mr. Paulk having received a majority of all of the votes cast, he was declared duly elected Messenger of the House of Representatives.

Mr. Alexander reported that the Committee appointed to notify the Governor of the organization of the General Assembly had discharged the duty imposed upon it and further stated that the Governor would communicate with the House later in writing.

The following resolution was read and adopted, to-wit:
By Mr. Anderson, of Chatham-
A resolution providing for a Committee of nine to be known as the Committee on Rules, and further

22

JouRNAL OF THE HousE.

providing 'that the rules governing the last House be of force until new rules shall have been reported.

ATLANTA, GA., June 23, ~909.
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.

WEDNESDAY, JUNE 23, 1909.

28

MESSAGE.
STATE OF GEORGIA, ExECUTIVE DEPARTMENT, ATLANTA, June 23, 1909.
To THE GENERAL AssEMBLY: The last Legislature passed a number of Acts of
lasting importance. I deem it appropriate to call your attention to some of them, as they relate to subjects you will probably consider.
DISFRANCHISEMENT LAW.
The new franchise Act, passed the Legislature by a two-thirds vote, was ratified by the people at the ballot box, and now is a part of the Constitution of Georgia.
It prescribes qualifications for the exercise of the right to vote, which will protect even the smallest community of the State from those, who, unable to control themselves, are utterly unfit to vote upon the rights of others. No legislation since the days of Reconstruction will be more beneficial in its farreaching effects, not alone at the ballot box, but also in the solution of the race problem.

24

JouRNAL OF THE HousE.

This constitutional amendment contains a provision which requires each voter to pay his taxes at least six months 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. This provision will go far toward protecting the ballot box from the presence of those who permit their taxes to be paid by others, and will help purify elections and make them more fully the honest expression of the convictions of the voters.

REGISTRATION LAW.
In close relation to the new franchise law, is the Act providing for the registration of voters. The purpose of this Act is to prevent illegal registration, and to purge registration lists before primaries are held.
The law changes the time for registration, so that in future a man can register when he pays his taxes, and thereby qualify himself to vote during all of the ensuing year. State and county taxes are due by the 20th of December. The great body of our citizens pay their taxes during November and December. The new law requires the tax coilector to open his voters' book or books at the same time that he opens his books for the collection of taxes, and the pay-

WEDNESDAY, JUNE 23, 1909.

25

ment of taxes and registration can take place at the same time.
This Act makes it a misdemeanor for the tax collector or his clerk to permit any one to sign the voters' book or. slip unless the oath i'S actually taken, and it requires the tax collector to :file with the registrars a complete list of the names on the voters' book or books within ten days after the books close.
It requires the books closed six months before the date of the election, and it requires the registrars to meet promptly to complete a correct list of the qualified voters of the county.
I do not apprehend any trouble from this bill to the citizen who pays his taxes and wishes to vote from a sense of patriotic duty. This bill will make the padding of registration lists and the purchase of votes almost impossible. We desire to see our elections 'conducted on the highest possible plane, free from every undue influence. I confidently believe the new registration law will grow in favor as it is understood.
The Legislature passed an Act requiring .each candidate to file a statement under oath of the money spent by him in his race, and an Act forbidding corporations from contributing money to elections.

26

JOURNAL OF THE HousE.

REGULATING PRIMARIES.
The Legislature also passed an Act regulating primary elections, and requiring that a primary election must be held for Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court and Judges of the Court of Appeals, Solicitors-General, and members of the General Assembly, and providing that the general primary shall not be called earlier than sixty days before the date of the general State election in October.
This Act requires each voter to vote in the militia district in which he resides, and it throws other safeguards around primaries intended to still further guarantee that primaries shall be fair, honest; and free from the control of machine politics.
AMENDMENT TO RAILROAD CoMMISSION LAw.
The new Railroad Commission Act furnishes increased facilities for the protection of the rights of the public in their relation to transportatio~ companies and public service corporations. The Act increased the number of Commissioners to five, and greatly enlarged their duties. It placed under the supervision of the Commission express companies, street railroad companies, dock and wharfage .com~ panies, terminal and terminal station companies,

WEDNESDAY, JuNE 23, 1909.

27

telephone and telegraph companies, gas, electric light and power companies.
While it increased a few thousand dollars the expenses of the Commission, we should consider the fact that the railroad companies alone collect from the people of Georgia forty millions of dollars each year, and that the other companies placed under the supervision of the Railroad Commission collect from the people of Georgia twenty millions of dollars, making a total of not less than sixty millions of dollars annually. The expend~ture of $35,000 a year for a railroad commission i8 small in comparison when the fact is kept in mind that the commission is to protect the rights of the public in an expenditure of sixty millions.
The policy of the State should be, not to hamper the Railroad Commission in performing its duties, but to stimulate the Commission to wisely and justly guard the rights of the public, while, at the same time, it accords to the companies under its supervision absolute justice.
Five Commissioners giving their entire time to the public service would always :find ample work to keep them busy.
There are many things which have been accomplished by the Commission during the last two years of substantial value to the people of ~he State. The supervision of schedules, the requirement that trains

28

JouRNAL oF THE HousE.

should make proper connections when controlled by different companies, the requirement of side tracks for warehouses and factories, action which has caused the settlement by the transportation companies of over-charges and losses ; in these and in many small matters the public has felt the protection of their rights from the operation of the Commission under its enlarged powers.
WORK OF THE CoMMISSION.
The three most important Acts of the Commission have been, first, the reduction of passenger fares, which has saved the people of Georgia nearly a million dollars a year, and, yet, has so stimulated travel that the railroads have lost little, if anything, by the reduction; second, the abolishment of the use of free passes, which has helped to sustain the action of the Commission in reducing the cost of passenger transportation to the individual who pays; and, third, the order forbidding any general reduction of employees' wages until the facts upon which the reduction is based are first submitted to the Commission.
I regret that no marked reduction of charges for freight transportation has been accomplished during the past two years. Before the Railroad Commission had finished the fight in the courts defending suits brought to enjoin the reduction of passenger

WEDNESDAY, JUNE 23, 1909.

29

rates, the panic, which originated in New York during the summer of. 1907, had reached Georgia. Loud was the complaint by the transportation companies of hard times and loss of money. Not until the early part of the present year were the full reports of the railroads for the year ending July 1st, 1908, made to the Railroad Commission. From these reports it was learned that the wail in the S'Pri'YI)g of 1908 about heavy losses on the part of the railroads, was unfounded. It is a source of gratification to know that the railroad companies of Georgia, even during the panic, fell but little short of their usual net profits, and suffered far less than the average railroads of the United States.
PoRT FREIGHT. RATES.
With the improved conditions of the present year, and with the knowledge of the real prosperity of the railroad companies, I brought to the attention of the Railroad Commission the importance of revising the port rates of the State. By this, I mean revising the charges for freight transportation from all interior points in Georgia to the ports, and from the ports to all interior points in Georgia.
The importance of this question grows out of the fact that practically all the railroad~ of the State which reach from the ports to the interior of the State, have been controlled for years by those

30

JouRNAL OF THE HousE.

interested in railroads stretching North and West from the State. Water transportation costs the carrier less than rail transportation. A haul of a certain distance, partly by rail and partly by water, can be made cheapest by the carrier where the water haul constitutes the longer portion of the haul.
The control of railroads which reach the ports of Georgia, by railroads stretching North and West from the State, has caused a natural desire upon their part to divert freight from the ports, and to force it over their long rail lines. An influence has existed for years to keep the rates to and from the Georgia ports so high that transportation through the ports would be hindered, and that the long rail Jines North and West would do the carrying for the people of Georgia.
The same thing which applies to Georgia with reference to the control of railroads reaching to the ports by parties interested in railroads stretching .North and West, applies to the States adjoining Georgia. Our whole section has suffered a lack of the legitimate benefits of low rates which the ports of the section should give to the people. I have urged that freight rates to and from the ports of Georgia should be fixed solely upon the basis of reasonable compensation to the local carrier, uninf~uenced by the interests of railroads outside of

WEDNESDAY, JuNE 23, 1909.

31

the State. If they can b~ lowered and still remain reasonable and just to the local railroads, then the shippers are entitled to have them made lower. Excessive rates should not be charged shippers in Georgia fJO enrich railroads outside of Georgia.
Various arguments have been presented to meet the demand for lower freight rates to and from the ports of the State to interior points of the State.

ExPENSIVE FoRM oF ''PROTECTION.''
I will refer to but one of these arguments. It is that the high freight rates from the ports should be sustained because they increase the selling price in Georgia of certain commodities manufactured in the State, and thereby en&ble manufacturers to increase their profits. This argument applies to very few factories, and the State cannot be enriched by high freight rates intended to make a protective freight tariff for a few factories at the expense of buyers.
Why should many people be required to pay more than a fair price for what they have carried by railroads to help a few manufacturers grow richT
Take as an illustration cotton ties. Should all the farmers of the State pay more for their ties, to help make profits for one plant in Georgia which manufactures cotton ties, especially when that plant does
,

32

J OB"RNAL OF THE HousE.

not manufacture one-tenth of the cotton ties used in the State?
The action of the Railroad Commission on the 18th inst., in declining any reduction in r.ates from the ports on the commodities then under consideration was a great disappointment. Messrs. Candler and Hillyer ably supported reductions but the three other commissioners decided against them. My confidence in the justice of lower port rates is not shaken. They must eventually be forced by the commission to the great benefit of the people of tll'
~tl1te.
INCREASED RATES FROM THE WEST.
In the fall of 1908 the railroad companies increased the ra~es from: Western points into Georgia. I promptly called this fact to the attention of the Commission, and urged the Commission to bring it to the attention of the Interstate Commerce Commission, that the inctease of rates might be for. bidden. The Georgia Railroad Commission, after some delay, condemned the increased rates~ and instructed action before the Interstate Commerce Commission.
The City of Cincinnati, also affected by this increase of rates, has joined in the fight before the Interstate Commerce Commission. I confidently believe the increase of rates referred to will be set

WEDNESDAY, JUNE 23, 1909.

33

aside, and it is entirely probable that rates even lower than those put into effect before the increase last fall .will be given to our State. For the part Georgia takes in this fight, our people are indebted to Commissioners' Hillyer, Hill and CallOIWay.
ABOLISHING CoNVICT LEASE SYsTEM.
Among the important questions before the last Legislature was the disposition of felony and misdemeanor convicts. A bill upon this subject had passed the House at the second session, and was pending before the Senate. Under this bill another lease of convicts would have been inevitable.
It was apparent that the Senate could not, with proper deliberation, consider this question, and also dispose of the other legislation before it. I, therefore, urged upon the Senate the advisability of postponing action upon the convict question, and of leaving it for an extra session. The Senate took this course, and I called the extra session.
At the extr_a session a bill was passed which has resulted in putting an end to the convict lease system, which had been forced upon the State immediately after the war, in part by a provisional government, andJ, in part, by a Legislature controlled by a Republican majority.
It gives me pleasure to officially notify you that under the Act passed last fall, all the convicts except

!-hj

34

JOURNAL OF THE HoUSE.

the women, the infirm men and juveniles, are now at work upon the public roads of the State.
ExTENSIVE Goon RoADs MoVEMENT.
As a result of placing the convicts upon the public roads an enthusiasm has been aroused throughout the entire State for good roads.
I cannot too strongly express my conviction of the blessings that m3:y come to o~r people from good roads. Georgia depends in great part upon agriculture for the prosperity of her people. Good roads will remove the isolation of rural life. They will help social life and place schools, churches and county sites in close touch with the farmers. They will lessen the expense of private transportation. They will help to build the State materially and add immensely to the happiness of the people.
CHANGE MANAGEMENT OF CoNVICTS.
There are features of the bill which are not in the most desirable form. With the convict lease system abolished, there is less to be done by the Commission, and one capable man at the head of your penitentiary system would be of far more use than three Commissioners.
If the Legislature would create a Board, consisting of the Governor, the Attorney General and the Commissioner of Agriculture, to be known as

WEDNESDAY, JUNE 23, 1909.

35

the Board of Supervision of the Convict System of the State, and give them authority to elect a super. visor of convicts and of roads, at a salary which would command the services of a man of marked executive ability, this would be a great step to improve the management .of the system. He should have an efficient bookkeeper and a stenographer to handle his office work. He should have two or more assistant engineers to act as supervisors of camps and to aid local authorities in handling their road problems.

STATE FARM.
I have visited the State Farm at Milledgeville. You have there 4,200 acres of land. The whites and the negroes are substantially in the same quarters. The white and the negro women are in the same building. The white and the negro boys are at the same. reformatory. The land is ample and the whites and blacks should be entirely separated.
As a plan of management for the State Farm, I would suggest a General Superintendent for the entire Farm at a salary of $1,500 a year, with an assistant superintendent in charge of each of the separate quarters. One competent bookkeeper should keep separate books for each of the institutions.
A system of requisitions for supplies from each

36

JouRNAL OF THE HousE.

of the superintendents on the General Superintendent, and a system of separate accounting for the sales from each of the localities, would make a check upon the different officers, and furnish a plan by which the entire enterprise could be put upon a business basis.
MANAGEMENT IS BAD.
Conditions at the Farm can be improved and expenses decreased. I regret to say that the management of the Prison Farm has been bad. From the Prison Commission on down to ihe- Superintendent, it has lacked that method and system which .is necessary for the best results. Purchases and sales have been made without proper records and without check on purchases or sales. Too many men are there on salaries. I found to my surprise during the month of May that bills for supplies for the Farm had been left unpaid during 1907 and 1908, and that money which I was drawing from the appropriation for 1909 was being used by the Commission to pay debts contracted in prior years. I employed expert accountants to examine the books, both in the office of the Commissioners and at the Prison Farm. The report of these expert accountants I hand you for the use of the Chairmen of your Committees charged with the consideration of the convict system.

WEDNESDAY, JUNE 23, 1909.

37

IMPROVE REFORMA!rORY.
I desire especially to urge an improvement of the reformatory. I do not mean to criticise the managers of the reformatory, but the scope of their worR: has been limited and their opportunities curtailed. The white reformatory, as a result of the Juvenile Court Bill passed last summer, should contain many boys who have committed no crime, but who should be sent to the reformatory to protect them from the danger of crime. The white reformatory should give an opportunity for the devotion of one-half the time of the boys there confined to mental development and to the study of books, and only one-half of their time should be given to manual labor. Such an institution properly organized and managed would not prove very expensive, and would be a great blessing to the boys there confined.
PARDON oF CoNVICTS.
You will :find in my report the names of a large number of convicts who have been pardoned since the last session of the Legislature. This large number has been due in part to the fact that the legislative investigation of the convict system brought to light many meritorious cases, which, in my judgment, had been neglected but which called for the exercise of the pardoning power by the Chief Executive.

38

JouRNAL OF THE HousE.

As a rule, I have pursued the policy of investigating a case, especially with reference to those things which had developed since the trial of the convict. Subsequent evidence which threw light upon the question of guilt or innocence; the worn out condition of the convict caused by his service in the penitentiary; injuries received by the convict while in the penitentiary; special service rendered by the
\
convict while in the penitentiary; these and similar facts, not before the judge and jury at the time of trial, have largely influenced my exercise of execu-
tive clemency. I have also been much influenced by the recom-
mendation of presiding judges who have advised that under existing circumstances arising since the time of sentence, commutation to present service or pardons should be extended to convicts named. I regard the expression of such an opinion by a presiding judge as really a judicial opinion, and of more value than the opinion of a pardon board. I believe it would be well, by statutory enactment, to make it the duty of a judg~ to. furnish the Governor, when called upon, his opinion as to the advisability of extending executive clemency.
A parole bill was passed at the extra session of the Legislature, and I believe it is working well, although I would favor a more liberal use of the power of parole.

WEDNESDAY, JUNE 23, 1909.

39

USE OF pARDON POWER.

With 5,000 convicts in the State, most of whom are negroes, an opportunity for study, differing in many respects from the ordinary problem of how to handle a criminal, is presented. The greatest effort should be made to utilize the punishment of crime for the reformation of the criminal, and to check the criminal disposition of the negroes still at large. I am convinced that clemency extended by the Executive to long term convicts, who, after serving portions of their terms, have made good records, will prove most helpful. The policy of waiting for applications for clemency, is a mistake. Frequently those most deserving of cleme.ncy are without friends and without money, and we should see to it that they are not forgotten.
As all the convicts are now in the hands of officers of the counties or the State, it would be a wise policy to send no convict to the State Farm on account of permanent disabilities until his condition has been fully examined, and the opinion of the county authorities obtained as to whether it would be advisable to grant parole or pardon. Instead of :filling up the Farm at Milledgeville with convicts, permanently helpless from disease or other ca-qse, in most cases, where the convicts are harmless and have friends at home who would take care of them,
\

40

JouRNAL oF THE HousE.

it would be merciful and economical to discharge the convicts without even the expense of transporting them to the Prison Far'm.
I regret that I have not had facilities for the examination of the cases of more convicts. If General Evans had_ been free to give his entire time to this work, with my confidence in his lofty character, his kindness and his firmness, I feel sure I could have obtained the facts upon which I would have discharged a number of additional convicts.

COLLECTION NEAR BEER TAX.
The extra ses~ion of the Legislature cost the State
$37,305.30.
At the extra session of the Legislature the near beer license tax was passed. From this Act the State has collected $223,950.30, with $10,000~00 to be collected in the case from Augusta in a fe'Y days. The Act is defecti\e in that it places no duty upon
I
any, public officer to see that the tax is paid. It provides but for the payment of a nominal license fee to the Ordinary when he issues a license. The Ordinary is paid nothing for collecting the tax, and it is not made his duty to see that those liable for the tax actually take out licenses. If this near beer tax is to remain a part of the policy of the State, the collection of the tax should be placed upon the

WEDNESDAY; JUNE 23, 1909.

41

Tax Collectors, and the usual fees should be allowed them for doing the work.
In the absence of any officer af the State upon whom the responsibility for enforcing the collection of these taxes rested, the Comptroller General of the State and the Attorney-General have joined with me in performing the duty, and mu~h time has been given by each of us to an effort to enforce collections.
PuRCHASE oF FARM.
In connection with the money collected from the near beer tax, let me call your attention to the provision of the bill which authorizes the purchase of one or more farms upon which convicts can be worked. After it was apparent that the near beer tax would furnish ample funds, the Prison Commission determined to purchase a farm and place the white convicts upon it. The law required that the farm selected by them should meet the approval of the Governor.
They recommended a farm, which, after careful examination, I was satisfied was unfit for the uses intended, and I, therefore, disapproved the selection. llhe Prison Commission has not since suggested another farm.
As it is-apparent that a large number of the white convicts can be used in the various counties, it is my opinion that it will not now be necessary to pur-

42

JouRNAL OF THE HousE.

chase an additional farm. A part of the farm at Milledgeville can be used for those white convicts who can not be employed by the counties.
You have, therefore, in the Treasury, nearly $225,000 which was set aside for the development of the penitentiary system, which will not be required for that purpose. I suggest that an Act be passed turning the near beer money into the Treasury to be used at once for the payment of amounts due to teachers.
The money derived from the sales of products raised at the Farm is not now turned into the Treasury, but can be used by the authorities to meet the expenses of the Farm. Properly managed, the Farm should be largdy self-supporting.
The appropriation of $150,000 for the penitentiary department for the present year should be reduced so that for the last six months of the year only a small portion of this amount would be used.

PROHIBITION LAW.
The measure which many consider the most im portant passed by the Legislature of 1907, was the State-wide Prohibition Law. At the time of the passage of this bill it was generally supposed to apply, not only to intoxicating drinks, but to malt liquors of all kinds. A decision of the Court of

WEDNESDAY, JUNE 23, 1909.

43

Appeals construed the Act to apply alone to intoxieating drinks.
The law, as a whole, has been well enforced throughout the State, and except in a few of the cities, its enforcement has been most satisfactory. Even in nearly all of the large cities vigorous efforts are made by the local officers to pt'event the violation of this law. I believe the passage of State-wide prohibition legislation in Tennessee and Alabama will substantially aid the enforcement of the law in Georgia, and if Florida and South Carolina also adopt State-wide prohibition, the difficulties of enforcing the law will be still further lessened.
APPROPRIATIONS AND FINANCES.
The largest appropriations to education in the history of the State were made by the last Legislature. When we recall the fact that not only thsse appropriations, but also the appropriation of $100,000.00 to build a State College of Agriculture, under -the t~ms of the bill passed in 1906, were to be paid in 1907 and 1908, and the further fact that none of this money had been paid until after July 1, 1907, the amount set apaTt for educational -purposes, which was to be :paid out by the administration from July 1, 1907, to January 1, 1908, seemed! almost more than the Treasury could meet.
In addition to this, the pensions for 1907 had not

44

JOURNAL. OF THE HousE.

all been paid on July 1, 1907. There was a deficiency
in the appropriation which required the payment of $42,500 for pensions for 1907 to be made after July 1, 1907.
The last Legislature increased the appropriation for Public Schools for 1908 $333,000.00. It provided for the support of the State College of Agriculture and also for the support of the eleven District Agricultural Schools. The amount paid for common schools and educational institutionS' during 1908, as compared with 1906, was increased $600,000.00, and thJ appropriations for the charitable institution's were also increas1edJ.
In spite of these increased appropriations, and in spite of the fact that the sale of liquor was forbidden, causing a loss of revenue of nearly $250,000 in 1908, all appropriations were met, and the Treasury today is in a better condition than on July 1, 1907, for more has been paid up to the present time upon the appropriations for 1909 than had been paid by July 1, 1907, upon the appropriations Yor 1907, and more money is now in the Treasury than was in the Treasury when the Legislature met in 1907.
There was in the Treasury on June 30, 1907 --------------------------~$375,596.00
There is in the Treasury at the present time, (June 19, 1909,) ___________ 519,632.87

WEDNESDAY, JUNE 23, 1909.

45

No DEFICIENCY IN THE TREASURY.
I state these facts so fully that your minds may be relieved from the inaccurate publications that have been circulated throughout the State claiming that there was a deficiency in the Treasury. These inaccurate publications dwelt upon the loss of money from convict hire, but failed to mention the fact that while the Treasury no longer receives the money from convict hire, it no longer has to pay out that fund, as the counties receive the convicts instead of receiving the money from their hire.
These estimates of a deficiency also failed to take into a:ccount the fact tha~ during the last two years railroads and public service companies have been compelled to pay much more nearly upon the actual value of their properties than in previous years, and the further fact that the individual property holders of the State have returned their properties at increased valuations.
One element of increase of revenue to the State came from the fact that the tax rate was fixed at five mills in 1907 and 1908 im:tead of at 4.8 mills. The small additional burden which this increase of two-tenths of a mill placed upon the public can be fully appreciated when we realize that two-tenths of a mill is only twenty cents upon a thousand dollars, or one dollar upon five thousand dollars, so

46

JouRNAL OF THE HousE.

that the increased burden of taxation on account of this increase in the-rate only amounted to one dollar on every five thousand dollars upon which the individual citizen paid taxes.

How REVENUE WAs ExPENDED.

The total revenue of the State last year amounted in round figures to $5,000,000.00.
It should be a source of gratification to the public that over nine-tenths of this entire revenue was devofJed,.not to the expenses of administration, but to education, pensions, and to institutions organized for the immediate benefit of the people themselves.
Last year the State paid out for Oommon Schools____________________$2,206,000.00

For the State College of Agriculture and the District Schools_____________
For other educational work, including the Academy for the Blind, the Normal Schools, School for Deaf and Dumb, the Technological Institute, the University, the Summer School, the North Georgia Agricultural College, and for work of the same class______________________

205,000.00 375,000.00

Thus making a total expenditure for
education by the State of Georgia in 1908 of_ ____________________________ 2,786,000.00

WEDNESDAY, JUNE ~3, 1909.

47

I

The State paid out last year for .Pensions and for the Soldier's Home_______$958,000.00
For the Georgia State Sanitarium _________ _:____ 405,000.00
On interest and principal of the Public Debt of the State_________________ 401,000.00
-----$1,764,000.00

$4,550,000.00
The remaining revenue of the State was used, at least in part, for expenses disconnected with the civil establishment and matters of government, such as the State Board of Health, the Geological Survey, the Agricultural Department, and in various lines. intended to serve the public.
While _it is the duty of the Governor t,o aid in directing the :finances of the State, I desire especially to express my appreciation of the valuable services rendered the State by the able and faithful Comptroller-General, the Honorable William A. Wright._ If the Legislature would create the office of Tax Investigator, to be appointed by and placed under the direction of the Comptroller General, such an officer, giving his entire time to delinquent taxes, would earn for the State many times his salary.
There is due the State by the A. B. and A. Rail-

48

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road Company $28,394.20 for taxes, payment of which has been delayed on account of the fact that this road is in the hands of a receiver. It will be paid in a few days. There is also due the State $11,871.08 paid to the Neal Bank by the tax collector of DeKalb county which should be paid during t:his or next month.
During the last two years disputed tax claims against the Georgia Railroad and the Central of Georgia Railroad Company, for taxes due by them upon stock which they hold in the Western Railway of Alabama, have been settled, and from these settlements the State has collected over $100,000.
There is pending before the Supreme Court of the United States a case to which the State is a party, which involves the liability of the Georgia Railroad and Banking Company for taxation. I have great confidence in the merits of the case. This railroad company has been practically exempt from taxation.
If the State sustains its contention in this litigation, all, or a large part of the railroad property, will be subject to taxation, just as the property of other railroad companies in the State. A sum amounting to several hundred thousand dollars would be collected for back taxes, and a permanent increase should be made in the income of the State amounting to about $40,000.00.

WEDNESDAY, JUNE 23, 1909.

49

. EDUCATIONAL INSTITUTIONS
The educational work of the State has made splendid progress during the past two years. The University, the State College of Agriculture, and most of the District Agricultural Schools, have done excellent work. The State Normal School, the North Georgia Agricultural College and the Academies for the Blind and the Deaf, have fully merited the appropriations made to them.
I wish especially to commend the splendid work of the Normal and Industrial School at Milledgeville. It cannot be too highly praised.
In the division of revenue for the last two years, special appropriations have been given to most of these institutions.
The Technological Institute did not receive the same increase that wa:s given to other institutions, and I feel justified in stating that it was contemplated by those prominent upon the finance committee of the House during the last session of the Legislature, that a special recognition by an increased appropriation would be made during the present summer to advance the progress of the
a . Technological Institute. This institution is doing
great work to fit the young . men of Georgia to develop the resources of the State, and their work

50

JouRNAL OF THE HousE.

will not only be helpful to themselves, but to all citizens.
CoMMON ScHOOLs.
I come now to the Common Schools, the great backbone and foundation of our educational system. These schools have not only received more money, but they have done better work during the last two years than at any previous time. The average common school term for 1908 increased from 115 days to 132 days. It was accomplished,' not alone by the increased appropriations from the State, but also by the co-operation and financial assistance of the people themselves, showing that the people are becoming eager and solicitous that all the children shall have the best possible opportunities for selfimprovement.
The theory tha.t the negro children ~re rushing to school and that the white chiidren are neglecting t;o use the advantageS" given them; is also without foundation. The increased attendance of white children last year was one per cent. The increase of negro children was three-fifths of one per cent.
Seventy-nine per cent of the white children are in schools. Only 58 per cent. of the negro children are in schools. While the :figures show only 79 per cent. of the white children in school, when we take into consideration the fact that a considerable pro-

WEDNESDAY, JUNE 23, 1909.

51

portion of the white children of school age complete

their public school work before they are 18 years old,

and are engaged in study in higher institutions of

learning, the State School Commissioner estimates

that 93 per cent. of the white .children of Georgia to-

day are receiving an education.. I agree, however,

with the State School Commissioner that we must

reach out for the other 7 per cent., and that the future

of our State requ'ires that no illiteracy should be

among the white children.

I do not mea-n any unkindness towards the negro

child) by this discrimination, but I dO' not believe

that instruction from books, except of a simple char-

acter, is of benefit t'o a considerable portion of them,.

As I suggested in my former message, the County

Boards of Education should control the character of

schools furnished in their counties. Education

should fit for life with a view to the character and

possibilities of the children. The difference between

.

I

the two races sh9uld be recognized by the County

School Commissioners, and they should not hesitate

to do so on account of th~ maudlin criticisms that

may come upon them from certc.tin classes of would-

be philanthropis'bs of othevr sections who to not

understand the true relations of the races.

I have no hesitation in avowing my deepest con-

cern in our educational work for the Common

Schools of the State, but the real friends of these

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JouRNAL OF THE HousE.

institutions must recognize that you cannot have good common schools without good teachers, and you cannot have good teachers made simply by the educational work done in the common schools. It is absolutely necessary \that the State sustain a system, broad at the bottom, furnishing ample opportunity in the common schools, but high at the top, furnishing through high schools, normal schools, colleges and university work, preparation which will fit men and women in Georgia for the work of conducting the common schools, and all the educational institutions of the State.
It would be a mistaken policy to take from your other institutions the money they require, and give your educational money exclusively to common schools. At the present time you have not a sufficient number of well trained teachers for your common schools, and unless you encourage your higher institutions, that more well trained teachers may be developed, you cannot make progr'ess with your common schools.
PROMPT PAYMENT OF TEACHERS' SALARIES.
The improved condition of the schools during the past year was in part due to the fact that the teachers were so much more nearly paid as their salaries were earned than had been the case in prior years. The difficulty in handling the finances of the

WEDNESDAY, JUNE 23, 1909.

53

State grows 'out of the fact that taxes on property are all due in the fall, and are paid in November,
December and ;ranuary. During the other nine
months of the year portions of the revenue of the State are collected, but not sufficient to meet the_ expenses of the State during those nine months.
It is, therefore, necessary to save part of the taxes collected ,in November, December and January of each year to meet the liabilities of the State during the.succeeding nine months. There has been an accumulation in the T:r:easury of money for this purpose, but not sufficient to pay in advance the pensions, and also to meet the appropriations to the common schools as the work is performed by the teachers.
Last year, under the quarterly system of paying pensions, the amounts due the teachers were met practically as the service was rendered by them.
lNCREAiilE TEMPORARY LoAN.
The Constitution of th~ State permits the Governor to make a temporary loan not to exceed $200,000.00 to meet a casual deficiency in the Treasury. This provision was placed in the Constitution in 1877, when the amount of revenue and appropriations was small compared to the present time. Temporary loans are made Eluring the portions of the year when collections by the State are

54

JOURNAL OF THE HousE.

small and are always paid as soon as property taxes

are collected. Last year I called attention to .the fact that if

quarterly payment of pensions was abolished the

Constitution should be amended so as to increase

the amount of tei)lporary loan which the Governor

could make to $600,000.

Teachers salaries are a current expense of the

State, just as pensions are a current expense of

the State, and there is no reason for paying the

pensions in advance, and deferring the payment of

the teachers' salaries. If the pensions were paid

semi-annually, half in the early spring and half in

the late fall, it would no longer be difficult to meet

appropriations to pensions and to teachers as each

fell due. I believe it advisable to give the Governor the

authority to make a temporary loan of $600,000

instead of $200,000. A $600,000 loan now, in view

of the increased business of the State, would not be

greater than a $200,000 loan in 1877, when the Con-

stitution was adopted.



It has never been the policy of the State to cre~te

a bonded indebtedness to meet current expenses.

On the contrary, it has been the steadfast policy of

the State to reduce its bonded indebtedness through

current revenue. If the State were making a large

investment an issue of bonds could be legitimately

WEDNESDAY, JUNE 23, 1909.

55

made for that purpose, but an issue of bonds to meet current expenses is dangerous and unwise.
SELL GoVERNoR's MANSION.
The Governor's Mansian is now located m a business section of the City. It is becoming constantly more and more noisy and less adapted for home use. Before the end of the next two years it could be sold at probably over $200,000. $25,000 would be sufficient with which to buy a Mansion really more suited for a home than the present Governor's Mansion. By using the balance of this money to pay the interest on the public debt, the surplus in the Treasury eould be increased.

NEAR BEER TAX.
The near beer tax, amounting to $225,000, is now in the Treasury, available upon an Act of. the Legislature to be immediately paid upon amounts due teachers, and I have recommended that it be so appropriated.
The collection of what is due to the State, coupled with care about appropriations, and sound business judgment applied to the management of the State's affairs, should make it not difficult to successfully handle the finances of the State in the future.

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TAxEs DuE BY WESTERN AND ATLANTIC RAILROAD
LESSEES.
I have given, together with the Attorney-General, and employed counsel, considerable time to the investigation of the liability of the lessee of the Western & Atlantic Railroad to the State for taxes. It has paid nothing upon personal property, and yet, we are satisfied that most of the time since the lease, it used a large amount of personal property subject, under the contract of lease, to taxation.
We examined the statements filed in the Governor's office by the company, and sought to have them perfected to obtain the information required. Much delay was caused by correspondence with the lessee, and for this reason legal procedure by the State was thus postponed. Suit has, however, been instituted against the lessee for the amount due by it upon personal property, and also for taxes due upon income.
I am of the opinion that from this suit the State should recover a large sum of money as back taxes, and increase the State's revenue permanently in future.
SuiT FOR PROPERTY IN CHATTANOOGA.
We have also had under consideration the claim of the State for property amounting to over eight

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57

acres now in the possession of the Nashville and Chattanooga Railroad Company in Chattanooga. The property was conveyed by the Governor to the Nashville and Chattanooga Railroad Company in 18.60 for the sum of $8,000 and less than an acre of land. It is now worth a very large sum, just how ' much it is difficult to say, certainly more than a mil-
lion dollars ($1,000,000.00.) In 1896 Hon. W. A. Wimbish, then special counsel
for the State, called attention to the fact that the legal title to this property was still in the State, and that the conveyance madJe in 1860 was unauthorized. The Chan<Jery Court of Tennessee has held that the conveyance passed no title from thE) State of Georgia to the Nashville and Chattanooga Railroad Company. Probably the only question now involved is the statute of limitations and the statute of limitations should not be held to run against the State. A suit could be instituted for the property in the Supreme Court of the United States and the rights of the State be there determined. The Legislature in 1896 authorized the special counsel to arrange for a submission of the claim of the State to this property to the Board of Arbitration which had been considering other claims of the State. The Railroad Company declined to submit the matter to this Board of Arbitration. Litigation was pending at the time in Tennessee, in which it was believed that the title

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of the State would be passed upon, and no suit was at once brought _by the State to recover the property. The Chancery Court expressed the opinion that the deed made in 1860 was unauthorized and passed no title out of the State.
The facts were all presented again to the Governor and the Legislature by Special Attorney Wimbisl: through his report in 1898. Mr. Wimbish at about that time ceased to be special counsel for the State, and a legislative committee reported the facts to the Legislature, but no action took place authorizing the suit. Had the subject not been before the Legislature I would have exercised the authority of directing a suit for t~e property. As it is, I bring the matter to your attention and re>eommend that suit be brought for. this property.

PuRCHASE OF YARDS AT CHATTANOOGA.
The Legislature, at its last regular session, passed a joint resolution authorizing the Governor to ascertain what lands in or near the City of Chattanooga were desirable and available for terminal purposes for the Western & Atlantic Railroad, either for switching or delivery .purposes, and to procure options thereon for the benefit of the Stat~ if, in his discretion, advantageous terms could be obtained.
In pursuance of this resolution, I secured the assistance of Hon. Paul B. Trammell, who visited

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59

Chattanooga without disclosing the real object of his visit, and, through real estate agents of that city, secured two options, one upon 40 acres of land at the price of $1,000 an acre. This option was given to Frank T. Reynolds and by him transferred to the State. The option is good for 90 days and was given for the nominal sum of $10.
Alongside of this 40 acres there was another tract of 30 acres, which was offered for an immediate sale at $500 an acre. This price was considered low for lthe property, but the party declined to give an option. Mr. Trammell finally secured this option lasting for 60 days, for the consideration of $200.
The options, therefore, cover 70 acres of land lying broadside along the Western & Atlantic Railroad, well adapted to yard purposes; Property in this vicinity is quite in demand and is increasing rapidly in value. If the Western & Atlantic Railroad were owned by a private corporation I have no doubt the property would be purchased. I believe it advisable for the State to use both of these options and to buy both tracts of land. I think it would be a great mistake if the State did not take advantage of that option, wliich.is at only $500 an acre.
The terminals of the Western & Atlantic Railroad are now almost in the center of Chattanooga. The people of that city are very desirous to extend Broad Street through the Western & Atlantic terminals.

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If yards were purchased for the Western & Atlantic Railroad further away from the center of the city under the options I herewith present to you, and Broad Street was extended, the property of the State in Chattanooga not now claimed by the Nashville & Chattanooga Railroad Company and not required for terminals, could be leased for business purposes at a price almost equal to one-half of the entire present rental of the Western & Atlantic Railroad.
The present lease of the Western & Atlantic Railroad expires in about eleven years. Although this seems a distant period, still, the State cannot afford to neglect g{ving that attention to its business interests in connection with this property which will insure its greatest value.
UsE OF THEW. & A. BY THE L. & N.
In connection with the Western & Atlantic Railroad, I also desire to call your attention to the fact that the Louisville & Nashville operates the road under an arrangement with the lessees, the Nashville & Chattanooga Railroad Company, from Car-
. tersville to Atlanta. It is possible that this sub-lease
violates the provisions of the original lease. I have not deemed it advisable to raise this question. On the contrary. I believe the interests of the State would be promoted by legislation which would pre-

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61

vent the Louisville & Nashville Railroad Company from building into Atlanta, and which would encourage the construCtion of a double track upon the ' Western & Atlantic Railroad from Cartersville to Atlanta.
ExTENSION OF W. & A. RAILROAD.
The legislature at the extra session authorized the appointment of a commission to consider the extension of theW. and A. Railroad to deep water. The commission was appointed, but I am advised has been unable to complete its work.

. GEORGIA RAILROAD STRIKE.
During the past month a strike by the firemen upon the Georgia Railroad resulted in a temporary suspension of the operation of this road.
The strike was caused by the discharge of white a~sistant hostlers, who were also firemen, in the Atlanta yards, and the substitution for the white firemen of negroes at a small reduction of pay per day, together with the recognition of seniority of negro firemen over white firemen on the main line.
During the strike there was great excitement and some trouble along the line of the railroad. I telegraphed the sheriffs and a number of the mayors urging them to be vigilant and to protect life and

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property, and I kept in constant communication with the local officers of the. law.
The general manager of the road, Mr. Thomas Scott, was quite persistent in his demand that the . Governor should take additional action with reference to the disturbance. I did not accede to his demand. I believed the course being '[fUrsued was the wise and proper course, and could not sympathize with the reckless willingness of Mr. Scott to precipita-te the possible loss of life and the diestruc-
tion of property. At my request the Attorney General went over
the road to more thoroughly. inform himself with reference to the conditions which prevailed. When the result of the strike began to affect the interests or' the people along the line of the road by entirely suspending the operations of the road, after con-. sultation with the Attorney General, I deterimned to bring the matter to the attention of the Courts, and a bill was prepared by the Attorney General to place the road in the hands of a receiver on account of the failure of the railroad authorities to operate the road.
We delayed for several days filing this bill, because we were continually assured that the strike would be adjusted. This finally took place, and it should be a source of congratulation that in spite of the intense excitement which the race issue caused

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63

among the patrons of the railroad company, and the people along the line of the road generally, there was no serious injury to person or to property.
The settlement of the strike was made in part by agreement settling a portion of the differences and in part by reference to arbitration under the Federal Statute. In this connection I desire to suggest the passage of a law providing for arbitration of labor differences, the award to be returnable to the superior court of the county where made.
I desire in this connection to express my appreciation of the assistance which Attorney General Hart gave to me in this matter, and, also of his able and courteous .co-operation in all the matters with reference to which I have called upon him during the past two years.
. OTHER INSTITUTIONS.
The last Legislature passed an Act providing for the establishment of a tuberculosis sanitarium, to be controlled by trustees named by the Governor. I appointed the trustees and they are now at work with a view to carrying out the provisions of the Act.
The last Legislature enlarged the appropriation to the State Board of Health, and I wish to commend the work which has been done by that Board in the line of enlarged usefulness to the peopl.e of the State. Vaccine points, antitoxin for diphtheria and

r

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meningitis have been distributed free to the people. Patients suffering from bites by animals with hydrophobia have been treated with great success. Much has been done to extend free medical treatment upon these and other lines to the people of the State. I believe the money given to this Board has been productive of much good and was wisely made.
Your State Sanitarium at Milledgeville had on January 1, 1909, 3,112 patients, handled at the small expense of 34.7 cents per day. A part of their economical management results from the intelligent manner with which the farm lands of this institution are used for the purpose of producing food supplies
for the patients. There has been some criticism of the treat!llent of
patients at the hospital. It has come largely from discharged patients, who, at the time of their supposed mistreatment, were laboring under mental delusions.
. I requested Judge Lawson, Chairman of the Board
of Trustees of the institution, to name a special committee to investigate the charges, but he and the officers of the sanitarium urged that I appoint a committee of outsiders. In view of their request I designated Judge W. F. Jenkins, Dr. Willis Westmoreland and Hon. Seaton Grantland, who are now engaged in an investigation of the institution and the charges made against it.

WEDNESDAY, JuNE 23, 1909.

65

The Academy for the Deaf and Dumb, and the Academy for the Blind are both being handled, so far as I can judge, efficiently by the officers charged with the duty of their management. The afflicted who fall within the care of these institutions merit
am assistance from the State, and I gratified to make
a favorable report upon the way in which they are operated.
The reports of the Secretary of State and of the other State House officers will be before you. Also the reports from the various trustees and boards of visitors. I commend them to your consideration.
DEATH OF TREASURER pARK.
Since the last session of the General Assembly the State has lost the services of Hon. Robert Emory Park, who filled the office of Treasurer from October 27, 1900, until the day of his death, May 7, 1909. In co-operation with the Comptroller-General, I designated auditors to examine and report upon the condition of the Treasury. It gives me pleasure to inform you that the audit of the books of the Treasury showed the money and other assets of the State properly accounted for.
On May 11, 1909, I app~inted Hon. J. Pope Brown to hold the office of Treasurer until his successor is elected and qualified, and he is now performing the duties of State Treasurer.

3-b j

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The annual salary of the State School Commissioner is only $2,000.00. I urge that the State Board of Education be authorized to pay him as its Secretary annually $1,000.00. I know that he holds the office at a financial sacrifice. His valuable services should be recognized.

AssiSTANT ATTORNEY GENERAL NEEDED.
The work of the Attorney General's oftfce has greatly increased in the past few years. He is constantly called upon by State House officers, and county officers throughout the State, for opinions upon matters pertaining to the administration of the affairs of the State. His time is taxed to such an extent that he has not the opportunity which I know he desires for the quiet investigation of the larger problems and more important cases that he is required to handle.
An Assistant Attorney General could relieve the Attorney-General of many details, and I suggest that he be allowed to employ an assistant at the salary of $2,000.00 annually.
FREE AGRICULTURAL PRODUCTS FROM TAXATION.
I urge the passage of a Constitutional amendment which will free the agricultural products of Georgia from taxation for twelve months from the time that

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' 67

they are gathered. The amount collected by the State from the taxation of agricultural products last year was only $15,628.50. It has not averaged that amount.
My reason for urging this amendment is on
I
account of the fact tha~ cotton furnishes the great basis for the prosperity of the State. The sale of this crop at a good price enters into every vocation of life, and helps to bring prosperity, not alone to the farmer, but to the merchant, the professional man and the mechanic.
Cotton will only bring its legitimate value when it is sold from time to time by the farmers as the manufacturers need it for use. It is gathered in
the fall and everything possible should be done to
encourage an abandonment of the policy of at once throwing it upon the market and by its own presenre depressing its market price.
Taxes are assessed during the month of March, and this causes an inducement to sell cotton at that time. The relief of this great staple from taxes for twelve months will facilitate the mode by which it is handled and sold. Its effect will be so generally beneficial that all classes will derive advantage from it.
PROTECTION OF RAILROAD EMPLOYEES.
In a former Message I urged that it was unjust to free railroad corporations from liabilities in those

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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 his superior officer. The rule which would deprive him under such circumstances of the right to recover is hard. I suggest legislation to do away with it.
On April 22d, 1908, an Act of 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 employed upon trains engaged in interstate commerce. I suggest that this right of recovery be extended to employees of railroad companies when engaged in intrastate work.
pARK AT GRIFFIN.
The State owns at Griffin a large tract of land used at one time for a State military encampment. Changed conditions have caused its use to be discontinued and it is entirely improbable that it can be again used for that purpose. This land was largely a gift by the people of Griffin. Their money is gone and the encampments no longer take place. I un derstand that they desire to use the land as a park. I recommend that permission be given the mayor and city council of Griffin to use it as a park.

WEDNESDAY, JUNE 23, 1909.

69

In conclusion, I invite an investigation of the record made by our State during the past two years. While other States suffered greatly by the panic, Georgia suffered but little in comparison.
With $250,000. of taxes cut off by State-wide prohibition, the revenue of the State increased and the increase went chiefly to the work of education.
The new laws mark an era in the State's history, not in the number of Acts passed, but in their importance and value to the public.
May fidelity to public trust and loyalty to the great .body of the people, free from the influence of special interests, ever mark legislation and administration in our beloved State.
HOKE SMITH, Governor.



...

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APPENDIX A.

In accordance with the requirements of Section 5815 of the Code I herewith submit report of all reprieves, commutations of sentences and pardons granted during the past year.
PARDONS. GRANTED.
CLYDE SPARKs.-Simple Larceny. City Court of Atlanta, March term, 1908. Sentenced to Reformatory. The boy was only twelve years old, and since his conviction facts have developed which strongly tend to show that another party committed the crime.. Granted July 9, 1908.
, FRANK CLEMENTs.-Simple Larceny. City Court of Savannah. Sentenced to the State Reformatory. The judge and solic'itor who officiated at the trial recommend that he be pardoned in order that he may be taken to St. Mary's Industrial School for Boys, at Baltimore. Granted July 17, 1908.
JAMES PARKER.-.Stealing a ride on a railroad train. April term, 1908, City Court of Hall county. Four months in the chaingang. He was a young white boy, seventeen years of age, away from home.

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71

and committed the offense in an effort to return Unable to do hard work on account of bad health. Had served most of his term. Granted August 3, 1908.
, M. J. MooDY.-Voluntary manslaughter. October term, 1906, Superior Court of Tattnall county. Ten years in the penitentiary. Newly discovered evidence creates great doubt as to his guilt. The twelve jurors who convicted .him and 1,000 citizens urge his pardon. Granted ~ugust 13, 1908.
R. S. Cox.-Assault to murder. September term, 1902, Superior Court of Fayette county. Five years. He has served three years, and the trial jury, the presiding judge, the solicitor-general and county officials recommend pardon. Granted Sep:.. tember 8, 1908.
WALTER J. WHI'rE.-Murder. Spring term, 1906, of the Superior Court of Fulton county. Life imprisonment. He was convicted on circumstantial evidence, and there is grave doubt as to his guilt. The trial jury recommend pardon upon the ground that if certain witnesses had been sworn and testified to facts as stated in their affidavits, they would have acquitted the defendant. Granted September 10, 1908.

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JoURNAL oF THE HousE.

W. S. MELL.-Voluntary manslaughter. Decem~ her term, 1900, Superior Court of Chatham county. Twenty years in the penitentiary. He has served eight years with good conduct, and his pardon is recommended by many good citizens of Chatham .county, including county officers and members of the legislature. Granted September 19, 1908.

JOHN !RviNE.-Stealing a ride on a railroad train. June term, 1908, City. Court of Forsyth. Five months. He has served nearly four months, and the judge, solicitor and county commissioners recommend pardon. Granted September 19, 1908.
R. F. GrLL.-Forgery. Fall term, 1905, Superior Court of Chatham county. Seven years. Since his imprisonment he has lost both a leg and an arm, and his conduct has been exemplary. Granted Septem~ her 19, 1908.
J. C. CARTER.-Felony. May term, 1904, Superior Court of Lowndes county. Ten years in the penitentiary. The presiding judge and the judge who rendered the opinion on the case in the Supreme Court say that a new trial should have been granted in this case and a verdict of not guilty on the next trial rendered. He has served four years with good conduct. Granted September 19, 1908.

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73

CHARLES B. PATTON.-Murder. Fall term, 1886, of the Superior Court of Whitfield county. Life imprisonment. He served twenty-two years with good conduct and is now fifty-seven years of age. The party who was jointly convicted with him was pardoned about ten years ago. The evidence tended to show that he was only an accessory after the fact. Granted September 25, 1908.
FREDDIE CAIN.-Larceny. July term, 1908, City Court of Atlanta. Six months in jail. He is a young white boy, and his mother, who is a widow, needs his help. The judge and the solicitor recommend the pardon. Granted October 1, 1908.
JANE CHAPMAN.-Murder. November term, U~80, f?uperior Court of Wilkes county. Life imprisonment. She is sixty-five years of age, and for twentyeight years has been a faithful prisoner. Granted October 20, 1908.
MATT VINSON.-Murder. Fall term, 1875, of the Superior Court of Bibb county. Life imprisonment. She is sixty-eight years of age and had served thirty-three years with good conduct. Granted October 20, 1908.
OscAR PITTMAN.-Carrying concealed pistol. September term, 1908, County Court of Morgan county.

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Sentenced to pay a fine of $50.00 or eight months. The judge and solicitor recommend his pardon for the reason that he has been sufficiently punished. Granted October 22, 1908.
OscAR CRAMER AND AuousT KoART.-Stealing a ride on a train. City Court of Griffin. $25.00 each or four months. They were strangers and unacquainted with the laws of this State. Pardon recommended by the presiding judge and the county commissioners. Granted October 22, 1908.
WILLIAM BILLUPs.-Murder. April term, 1893, of the Superior Court of Floyd county. Life imprisonment. He is more than seventy years of age and has served about fifteen years with good conduct. Granted October 22, 1908.
MoD PAuLK.-Voluntary manshmghter. October term, 1902, Superior i(jourt of Berrien county. Twenty years in the penitentiary. The deceased was killed with his own pistol, which tends to show that he was the aggressor. The family of the deceased join in the request for pardon, which is also recommended by the trial jury, county officials and many citizens. Granted October 23, 1908.
ALEXANDER HARGILL.-Murder. Spri~g term, 1898, S11perior Cour.t of Jackson county. Life -imprison-

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75

ment. The evidence was circumstantial except that of a negro gambler. The jurors who convicted him, one of the prosecuting attorneys and many citizens urgli' his pardon. He has served about eleven years with good conduct and is said to have Bright's disease and muscular rheumatism. Granted Oetober 24, 1908. '

THOMAS W. ALEXANDER.-Embezzlement. Octo.ber term, 1906, of the Superior Court of Richmond county. Six years. He plead guilty, while disclaiming criminal intent. His pardon is recommended by the judge who sentenced him, by all the judges and ex-judges residing in the county, by all the gra:nd jury finding the indictment, by the members of the bar, by every official of the county and the city, by the police commissioners, by the niembers of the legislature and about fifteen hundred citizens. Granted November 6, 1908.

J. S. PARK.-Voluntary manslaughter~ April

terin, 1906, of the Superior Court of Pike county.

,Four years. He was convicted on evidence that did

1

,



>

i

not entirely remove all doubt of his guilt. SinGe his

imprisonment

his

arm

has

been

c
'

r

u.

s

h

e

d.

while

at

wor~. The jury that convicted him, the grand jury

that indicted him and many citizens urge his pardo:n.

Granted November 25, 1908.

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JouRNAL OF THE HousE.

THOMAS C. BuRcH.-Murder. Spring term, 1905, of the Superior Court of Wilkes county. Life imprisonment. The defendant at the time of the killing was in a mental state which made him irresponsible for the act that he committed. His pardon is recommended by the brother of the deceased, by the trial judge, citizens and officials of Wilkes county and Richmond county. Granted December 16, 1908.
WILLIAM A. NoRVELL.-Attempt to murder. January term, 1908, Superior Court of Richmond county. Two years in the penitentiary. Certain important facts, whlch were not presented at the trial, show that the defendant acted in self-defense in killing the deceased, a negro. The deceased was an extremely lawless and violent negro. His pardon is recommended by the trial jury, court officers, the judge of the city court and many prominent citizens. Granted December 16, 1908.
JoHN T. DoRSEY.-Voluntary manslaughter~ July term, 1906, of the Superior Court of Hall county. Ten years. Both the defendant and deceased were intoxicated at the time of the killing. The deceased appears to have been the aggressor and struck the defendant several times before the killing took place. His pardon is recommended by judges, county officers and about one thousand citizens. Granted December 16, 1908.

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77

ToM CHILEs.-Murder. April term, 1878, of the Superior Court of Pike county. Life imprisonment. Tom Chiles and Ed Dumas were convicted on circumstantial evidence and sentenced to life imprisonment. Dumas died in 1895, stating that he did the killing, and not Tom Chiles. He has served thirty years with good conduct. Granted December 18, 1908.
H. ToM ALLEN.-Murder. October term, 1902, of the Superior Court of Hancock county. Life imprisonment. The evidence does not show that the defendant fired either of the shots by which the deceased was killed, but that they were fired by another man, who made his escape. Allen and the deceased were friends, and no motive was shown for the killing. His pardon is urged by eight of the trial jurors, the brother of the deceased and many good citizens. Granted January 7, 1909.
VELVIN TuRNER AND CoNRAD HoMER.-Larceny from the house. Fall term, 1908, of the Superior Court of Carroll county. Three months in jail. These two white boys are of good families and had never before committed_any breach of the law. Their mothers are widows. Pardon recommended by the trial judge and solicitor and by the prosecutor. Granted January 9, 1909.

78

.JOURNAL OF THE HoUSE.

NoAH OxENDINE.-Murder. May term, 1891, of the Superior Court of Liberty county. Life imprisonment. Two Croatan Indians, Oxendine and Jones, came from North Carolina and were employed on a turpentine farm. Jones bore a bad reputation and had made threats against Oxendine. An encounter occurred between them, in which shots were rapidly exchanged. It is stated that Jones :fired the :first shot, and Oxendine contended that he acted in self-defense. He has served with good conduct about eighteen years. Granted January 8, 1909.

JoHN HIGHLEY.-lnvoluntary manslaughter. June term, 1908, of the Superior Court of Sumter county. Twelve months. The killing was accidental and unintentional. He was passing through a door with a pistol in his hand and accidentally struck the pistol against the door, causing it to :fire. Has served over half the sentence with good conduct. Granted Jannary 22, 1909.
C. N. HuaGINs.-Embezzlement. Spring term, 1907, of the Superior Court of Fulton county. Two' years. He plead guilty, and, considering all the circumstances, the judge gave him the light sentence of two years. He has served with good conduct, and his time will expire soon. Granted February 5, 1909.

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79

L. L. CAWLEY AND W. M. MARTIN.-Robbery. April term, 1908, of the Superior Court of Richmond county. Twelve months and a fine of $1,000 each. They were convicted on testimony of very doubtful repute, and the jury recommended them to the mercy of the court. They protested their innocence but have suffered the sentence with good conduct. Their terms will expire in about ten days longer. Granted March 12, 1909.
MAR~ DrLLARD.-Voluntary manslaughter. Spring term, 1902, of the Superior Court of Fannin county. Ten years. She shot a drunken man on the porch of her house under circumstances of very considerable provocation. She has served with good conduct, and her sentence will expire within about one year. The camp physician certifies that she has tuberculosis and recommends her discharge. Granted March 11, 1909.
MoNROE HAMBRIGHT.-Forgery. Fall term, 1904, of the Superior Court of Muscogee county. Five:. years. He has served four years with good conduct. Tlre camp physician certifies that he is suffering with malarial fever, blood poison and epileptic convulsions. He is nearly sixty years of age. Granted July 22, 1908.
KIRBY HoBGOOD.-Selling rent cotton without consent of landlord and selling ~hiskey. February

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JOURNAL OF THE HOUSE.

term, 1908, Superior Court of Campbell county. $60.00 or six months and $75.00 or six months respectively. There was some dispute between the defendant and the landlord about some money tLat defendant claimed was due him, and he sold a 1)ale of cotton for the purpose of getting his money. He had no intention to violate the law. In the case for selling whiskey it seems that about Christmas time he ordered a jug of whiskey and divided it with u neighbor. He has served all of one sentence and about two months of the other. The trial judge and solicitor recommend his release. Granted Sevtember 18, 1908.
HARRY HoLTZCLAw.-Burglary (three cases). Fall term, 1905, Superior Court of Fulton county. Two years. He has almost served, with good conduct, the sentence imposed. Physicians certify that he is badly afflicted with asthma, and his release is requested by the solicitor, prosecutor, county officers and many citizens. Granted October 2, 1908.
EnmE D. MARTINI.-Burglary (three cases). Fall term, 1905, Superior Court of Fulton county. Two years in each case. He has almost served the time for which he was sentenced with good conduct. When convicted he was only eighteen years of age. His release is recommended by the trial judge and solicitor. Granted October 2, 1908.

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81

WILL JoNEs.-Burglary. April term, 1908~ Superior Court of Bibb county. Six months in jail. He was convicted of stealing a bicycle on circumstantial evidence and has only a few weeks longer to serve. Granted November 3, 1908.
0FFIE PARKER.-Felony. August term, 1907, Superior Court of Walton county. When convicted he was only seventeen years of age. The case was appealed to the Court of Appeals, and the judge rendering the opinion stated: "I gravely doubt that the defendant is guilty.'' His previous character was good. His release is recommended by the trial judge and solicitor, the trial jury, the grand jury and others. Granted November 7, 1908.
B. A. BRYANT.-lnvoluntary manslaughter. March term, 1906, of the Superior Court of Berrien county. Three years. At the time of the killing the deceased was under the influence of whiskey and made an assault on the defendant. Two reputable physicians certify that the defendant has organic trouble and cirrhosis of the liver. He has served all but seven days of his sentence. Granted November 2, 1908.
'JoHN DowNs.-Forgery. November term, 1907, of the Superior Court of Bibb county. Two years. He committed the offense while intoxicated. Has served more than half of his sentence with good conw

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JouRNAL OF THE HousE.

duct. The trial judge and solicitor and many good citizens recommend his release. Granted December 18, 1908.
J. H. HuGHEs.-Larceny. November term, 1908, of the City Court of Atlanta. Six months. He was barely sixteen years of age when the crime was committed. This was his first offense. His release is recommended by the trial judge and solicitor. Granted January 29, 1909.
ToM JAcKsoN, MAJOR DEVAUGHN, ToM DEVAUGHN, JERRY WEAVER AND WILL CRANFORD.-Arson. August term, 1906, of the Superior Court of Campbell county. Five and seven years in the penitentiary. The trial judge and solicitor strongly urge their pardon on the ground that facts have developed that show their innocence. Granted April 14th, 1909.
CHARLES PIRKLE.-Murder. April term 1902 of the Superior Court of Hall county. Life imprisonment. He was only seventeen years of age and facts have developed which create grave doubt as to whether the deceased was really murdered. The pardon recommended by the trial jury, county officers and many citizens. Granted April 17th, 1909.
E. B. ALMONn.-Embezzlement. January term, 1909, Superior Court Muscogee county. Four years inthe penitentiary. He madefull settlement with

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83

his firm two months before he was indicted. His pardon recommended by the grand jury, every member of, the Columbus bar and several thousand citizens of Muscogee county. Granted May 5th, 1909.
EARL AINSLIE.-Burglary. November term, 1908, of the Superior Court of Fulton county. Three years' in the penitentiary. He was only nineteen years of age and the articles stolen were of small value. The prosecutor recommends his pardon and also the solicitor general. His previo~ conduct was good. Granted May 5th, 1909.
J. M. RossER.-Forgery. August term, 1904, of the Superior Court of Spalding cou~ty. Six years in the penitentiary. He is sixty-seven years of age and has organic heart trouble. The judge who tried him recommends his pardon. Granted May 10, 1909.
A. J. GRIFFIN.-Murder. December term, 1897, Superior Court Fayette county. Life imprisonment. He was convicted on circumstantial evidence and has already served about eleven years with good conduct. His pardon is recomm~nded by county officers, county commissioners, the present solicitor~ general, the judge who tried him, the trial jury and many citizens. Granted May 10, 1909.
SmN BYRD.-Voluntary ma~slaughter. May term, 1905, of the Superior Court of Pierce county. Seven

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years in the penitentiary. He was convicted of killing his father. On the night of the killing his father was badly intoxicated and made several efforts to shoot the boy with a gun. The boy ran out of the house and the deceased threatened to kill his wife unless she told him where the boy was. While he was thus threate:ping injury to his wife the boy picked up a gun on the porch and shot his father through the window. He was only seventeen years of age when convicted. His pardon is recommended by eleven of the trial jurors, the grand jurors, the solicitor general and the judge of the Superior Court. Granted May 10, 1909.
LENA REnn.-Escape. July term, 1907, of the City Court of Columbus. Sentenced to the State Reformatory. Some months ago she was granted a parole, Mrs. Fraser, of Atlanta, g, iving her employment. Mrs. Fraser says she has made a splendid record while working for her. Granted May 28, 1909.
ANNIE JoHNSON.-Burglary. January term, 1909, of the Superior Court of Fulton county. Six months in jail. She has served about five months and during her imprisonment has been a sufferer with some female complaint combined with neuralgia. The sheriff and solicitor general recommend her pardon.
Granted June 3, 1909.

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85

W. H. HoLCOMBE.-Larceny. Spring term, 1873, of the Superior Court of Rabun county. Ten years in the penitentiary. He was placed to work under the original lease act under a company then building a railroad in North Georgia. After working faithfully more than four years he was released by one of the managers of the company. He afterwards moved to South Dakota where he has since resided and he had always been of the opinion that he had served his sentence and had been regularly discharged. He is now seventy-six years of age and is very feeble and unable to work. Granted May 29th, 1909.
J. W. HART.-Burglary. Superior Court of Chatham county, September term, 1907. Three years. He is eighty-one years of age, very infirm and has not done a days work since being in prison. Ue has served more than half his sentence with good conduct. Granted June 5th, 1909.
ToM ALLEN.-Larceny. May term, 1906, of the Superior Court of Troup county. Four years in the penitentiary. He is now sixty-seven years of age and has rheumatism and Bright's disease which incapacitate him for work. He has served more than half of his sentence. Granted June 5th, 1909.
R. M. MITCHELL.-Murder. February term, 1908,

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of the Superior Court of Floyd county. Life imprisonment. Since his confinement in the penitentiary he has become totally paralyzed from his waist down and is unable to move or walk. He is su:ffe:r;ing with a complication of kidney and bowel trouble and the camp physician says that he cannot recover. His conduct has been good since being in prison. Granted June 5th, 1909.
J. M. WILSON.-Manslaughter. April term, 1901, of the Superior Court of Clinch county. Fifteen years in the penitentiary. He is now sixty-nine y'ears of age and ha.s served about eight years of his sentence with good conduct. His health has entirely broken down and he is now unable to work. Granted June 5th, 1909.
JAMES WHITE.-Murder. January term, 1904, of the Superior Court of Catoosa county. Life im'prisonment. Since being in the penitentiary he has contracted a severe case of tuberculosis and has not been able to do any work in four years. He has served :five years with good conduct. Granted June
5. lg(lg_
R. H . .BuRTON.-Manslaughter. Superior Court of Muscogee county, 1904. Twelve years in the penitentiary. There was no eye witness to the killing except the wife of the defendant and under

WEDNESDAY, JUNE 23, 1909.

S7

the rules of evidence she could not testify. He has always claimed that the killing was in self-defense. Affidavits have been filed which show that less than half an hour before the killing the deceased threatened the life of the defendant. Many good citizens including the jury which tried him recommend clemency. Granted May 18th, 1909.

SENTENCES COMMUTED.
FLETCHER BuRLEY.-Murder. September term, 1907, Superior Court of DeKalb.county. Sentenced to be hanged. Witnesses who were not accessible at the time of the trial now make affidavit that the killing was done by another. Sentence commuted to life imprisonment June 11, 1908.
WILL CuRRY.-Larceny after trust. November term, 1907, of the Superior Court of Bibb county. Fine of $100.00 or twelve months. The defendant, a negro boy seventeen years of age, converted to his own use $6.50 worth of goods. This was his first offense. Served six months of his sentence with good conduct. Commuted to a .fine of $50.00 June 16, 1908.
JoHN'CoLLINs.-Burglary. November term, 1905, Superior Court of DeKalb .county. He was only toohnically guilty. He was a partner- in: a pressing

88

JouRNAL OF THE HousE.

club and entered the house by removing a staple from the door, which was frequently done by the co-partner and himself. Commuted to present service June 16, 1908.

HARRISON KEITH,_:_Assault and battery and drunkenness. Augul:!t term, 1907, of the Superior Court of Hall county. Ten months in each case. He ~as been in prison over a year, unable to work. The camp physician certifies that he has an incurable disease. Commuted to present service June 16, 1908.
En LAND.-Horse stealing. October term, 1907, Superior Court of Whitfield county. Twelve months. He is a young boy, sixteen years of age. It is thought by many that he acted under the influence of other parties. His father made restitution to the owner of the property. He has served nearly eight months with good conduct. Commuted to present service June 16, 1908.
WALLAcE JoHNSON.-Voluntary manslaughter. Spring term, 190'0, Superior Court of Floyd county. Twelve years. While serving his sentence he voluntarily and at the risk of his own life put out a burning fuse that had been attached to seventy-five sticks of dynamite, thus saving the lives of five men. He

WED~ESDAY, JuNE 23, 1909.

89

had served all of his term except about one year. Commuted to present service June 16, 1908.
LuRINDA RoBINSON.-Misdemeanor. January term, 1908, Superior Court of Oconee county. Fine of $100.00 and twelve months, and on failure to pay the fine an additional six months in jail. She was jointly indicted with another who was convicted and sentenced to pay a fine of $100.00. She has served more than four months of the chaingang sentence, and clemency is recommended by many of the best citizens of the community; Commuted to present service June 25, 1908.
H. C. JOINER.-Voluntary manslaughter. Fall term, 1903, of the Superior Court of Wayne county. Twenty years. He has served nearly five years of his sentence with exemplary conduct. Clemency recommended by all of the trial jurors, grand jurors, and many citizens. He is rritically ill with consumption. Commuted to present service June 29, 1908.
RowE P ARKER.-Gaming. March term, 1908, City Court of Monticello. Twelve months. Clemency recommended by the trial judge and solicitor and also by the solicitor-general and many citizens. Commuted to present service July 17, 1908.
SMITH McCuTCHENs,-Gaming. October term, 1907, County Court of Chattooga county. Twelve

90

. JouRNAL oF THE HousE.

months. The trial judge states that at the time he

1 imposed the sentence he thought the defendant "was

a~ old hhand ah~ the game," but has since become con-

I

VInced t at t IS was a mistake. Clemency urged by

the judge, county officials and many others. Com-

muted to pr_esent service July 17, 1908.

WALTER BonmE.-Stealing a ride on a train. June t~rm, 1908, of the City Court of Forsyth. Four months. He is in the last stages of consumption, unable to do any labor and a menace to the health of the other prisoners. Commuted to present service July 17, 1908.
PEABL WHITE.-Stabbing. March term, 1908, City Court of Atlanta. Ten months: She was in jail two months before her trial and served four months on the chaingang. She is a delicate woman, afflicted with chronic bronchitis. The trial judge recommends her release. Commuted to present service July 17, l908.
WILLIAM B. SuTTLEs.-Larceny. June term, 1908, City Court of Atlanta. Six months. He was convicted of having taken a wrench and some other small tools of little value from a place where he had been at work. He has served two months of his sentence with good conduct. His release is urged by the trial judge and solicitor in order that he may

/

WEDNESDAY, JUNE 23, 1909.

. 91

be sent to a sanitarium for treatment. Commuted to
present service July 21, 1908.
.SAM TucKER.-Selling whiskey. October term, 1907, of the Superior Court of Lincoln county. Seven months. Since conviction his wife has died, leaving a number of small children with no one to care for them. He has served more than three months of his sentence, and his release is recommended by many good citizens. Commuted to present service August 8, 1908.
NwK ANESTOs.-Receiving stolen goods. May term, 1908, of the City Court of Savannah. Fine of $100.00 or twelve months. He is a foreigner and had only resided in this country about four years. He was convicted of receiving a small lot of postage stamps alleged to have been stolen. He is a victim of consumption, which was considerably aggravated by malarial fever. Commuted to present service August 18, 1908.
FRANK WILLIAMs.-Larceny. November term, 1907, or" the Superior Cou~t of Chatham county. Two years. He is a boy about fourteen years of age. He was convicted for stealing a ring from the room of a party for whom his mother was washing. The loss was discovered at once, and his mother immediately took the ring from him and returned it

92

JOURNAL OF THE HousE.

to the owner. Commuted to present service August 18, 1908.
RosLIN NANCE.-Perjury. May term, 1906, of the Superior Court of Coweta county. Five years. He has serve:l more than two years of his sentence with good conduct, and his release is urged by county officers, seven members of the trial jury, the trial judge and solicitor and many prominent eitizen~. Commuted to present service August 18, 1908.
JouN LTVELY.~Drunk on a public highway. June term, 1908, City Criminal Court of Atlanta. Six months. He has been confined in the hospital ne;. rly all the time since his conviction, and physicians certify that he is unable to do manual labor. Commuted to present service August 25, 1908.
LIZZIE CowART.-Misdemeanor.' May term, 1908, City ' Court of Douglas. Fine of $100.00 or six months. The county physician urges her release because she has been sick since her imprisonment and should have competent medical attention.. Commuted to present service August 25, 1908.
CHARLIE CoLLINs.-Resisting arrest. June term, 1908, City Court of Baxley. Fine of $50.00 or six months. The offense was frivolous, and reputable physicians certify that he has an incurable disease,

WEDNESDAY, JUNE 23, 1909.

93

which will result in his death should he be longer confined in the chaingang. Granted August 25, 1908.
JoHN MooDY.-Arson. Fall ,term, 1905, of the Superior Court of Fannin county. Twelve years. The trial judge and solicitor and the jury that found the verdict express doubt as to his mental condition. After serving three years he has become physically unable to do manual labor. Granted August 31, 1908.
Sn..As BRowN.-Misdemeanor (two cases). August term, 1907, of the County Court of Houston. Fine of $75.00 or twelve months in each case. He served his first sentence and now desires to pay the fine and be released from further confinement. Sentence commuted to a fine of $75.00 September 4, 1908.
ARTER PAsCHAL.-Larceny (two cases). April term, 1908, of the Superior Court of Warren county. Twelve months in each case. The county physician certified that he is suffering from cardiac dropsy and other diseases which render him unable to work. The county commissioners petition for his release. Sentence commuted to present service September 4, 1908.
LEE PowELL.-Buying seed cotton illegally and receiving stolen goods. September term, 1907, of

94

JOURNAL oF THE HousE.

the Superior Court of Taliaferro county. Fine of $300.00 and twelve months in each case. He paid the fine and entered upon the service of the second sentence and has only four months to complete the term. Physicians certify that he is in a daJ!gerous physical condition and unfit for work. The county commissioners urge his release. Sentence commuted to present service September 5, 1908.
JoHN SPEER.-Murder. Spring term, 1903, of the Superior Cour~ of Randolph county. Life imprisonment. He served fifteen years with good conduct. His release is urged by the trial judge,.the jury that convicted him, the grand jury which indicted him and a large number of citizens. Commuted to pres- , ent service September 9, 1908.
FRANK CARY.-Misdemeanor. Spring term, 1908, of the Superior Court of Crisp county. Twelve months. He has served three months, and the judge who sentenced him states that had he known of the defendant's physical condition, he would have imposed a different sentence. Physicians certify that he is unable to do hard labor. Commuted to present service September 16, 1908.
NrcK RANSOME.-Drunkenness on the public highway. July term, 1908, of the Superior Court of Fulton county. Three months in jail. He was not

WEDNESDAY, JUNE 23, 1909.

95

disorderly in conduct, and the judge gave him a jail sentence to break him from drinking, and he now asks for his release. Sentence commuted September 16, 1908.
EDWARD F. CETTr.-Forgery. January term, 1908, of the Superior Court of Chatham county. TwelvE,:) months. He served eight months with good conduct, and is physically unable to perform hard manual labor. Clemency urged by the county commissioners. Commuted to present service September 19, 1908.
ANDREW GuYTON.-Murder. Fall' term, 1885, of the Superior Court of Decatur county. Life imprisonment. He served twenty-three years with exemplary conduct. The presiding judge strongly urges clemency on the ground that there were extenuating circumstances in the case. Commuted to presenf service September 19, 1908.
FRED BAKER.-Shooting into a train. April term, 1907, of the Superior Court of Warren county. Twe years. Newly discovered evidence creates great doubt as to his guilt. The jury which convicted him, county officers and the officials of the railroad recommend clemency. Commuted to present service September 19, 1908.
SHERMAN BrvrNs.-Arson. September term, 1904, of the Superior Court of Baker county. Five years.

96

JouRNAL OF THE HousE.

He has nearly completed his sentence, and the trial judge and jury recommend clemency. Commuted to present service September 19, 1908.

JAMES SoMERs.-Murder. November term, 1902, of the Superior Court of Screven county. Life imprisonment. He was only seventeen years of age when the crime was committed, and he is represented as being almost an idiot. He has served six years with good conduct, and his release is urged by the trial judge and jury, the solicitor-general, county officers and many good citizens. Commuted to present service September 23, 1908.

An:oiSON HAMPTON.-Selling Liquor. Fall term, 1908, of the Superior Court of Monroe county. Fine of $100.00 or twelve months. He has served two inonths, and two reputable physicians certify that he has tuberculosis and unable to work. Commuted to present service October 7, 1908.

ALBERT SANDERS.-Vagrancy. June term, 1908,

City <;ourt of Atlanta. Twelve months. Facts have

developed since the trial which show that at the

time of his conviction he was in the employment of

the Empi;re Chemical & Mining Company. His re-

lease is recommended by the trial judge and solicitor

.'

and the arresting officer. Commuted to present

service October 7, 1908.

WEDNESDAY, JuNE 23, 1909.

97

JoHNSON BucKNER AND GATHER HuRsT.-Breaking into a freight car. November term, 1907, of the Superior Court of Fulton county. Two years. The defendants are boys sixteen and seventeen years of age, who came into Georgia from another State, evidently stealing a ride on the freight car. Nothing was stolen from the car. They have served nearly twelve months with good conduct. Commuted to present service October 7, 1908.
LEVI CoPELAND.-Murder. ---------- term, 1883, of the Superior Court of Greene county. Life imprisonment. He is now seventy-five years of age and has served with exemplary conduct for about twenty-five years. Commuted to present service October 20, 1908.
JosEPH WAY.-Murder. January term, 1879, of the Superior Court of Chatham county. Life imprisonment. He has served nearly thirty years in the penitentiary with good conduct. He claims that he did not commit the crime. Sentence commuted to present service October 20, 1908.
W. S. ANDREws.-Murder. October term, 1902, of the Superior Court of Montgomery county. Life imprisonment. He is seventy years of age and in bad health. The trial judge and jury, the solicitor-

4-h j

98

. JOURNAL oF THE HousE.

general and the county officials recommend clemency. Commuted to present service October 22, 1908.

EMANUEL CRownER.-Manslaughter. August term, 1903, of the Superior Court of Butts county. Seven years. The evidence would authorize the conclusion that he killed his antagonist in self-defense. His pardon is recommended by the trial judge and solicitor, the trial jurors and county officers. Commuted to present service October 22, 1908.

BucK BoLTON.-Felony. Fall term, 1901, of the Superior Court of Oglethorpe county. Twenty years. The main witness for the prosecution now makes affidavit that Buck Bolton was not the guilty party, but that the crime was committed by another. His release is recommended by the trial jurors, officials and many citizens. Commuted to present service October 22, 1908.
ELDRIDGE JAcKsoN.-Murder. Fall term, 1875, of the Superior Court of Randolph county. Life imprisonment. He served thirty-three years in the penitentiary with good conduct. Commuted to . present service November 2, 1908.
WATT JACKSON.-Murder. Fall term, 1879, of the Superior Court of Bryan county. Life imprisonment. He has served twenty-eight years in the

WEDNESDAY, JuNE 23, 1909.

99

penitentiary, during all of which time his conduct has been good. From the best information obtainable it appears that be was only an accessory. Commuted to present service November 2, 1908.

JoB JoNEs.-Murder. March term, 1889, Superior Court of Clinch county. Life imprisonment. He had served twenty years with good co:Qduct. Re~ cently, when a desperate convict made an escape, he swam a creek in pursuit of him and caught and returned him to the guards. Commuted to present service November 2, 1908.
S. H. UsRY.-Murder. April term, 1900, of the Superior Court of Glascock county. Life imprisonment. The killing was done in a sudden quarrel and at a moment when the defendant was engaged in a :fight with the deceased. He bas become physically disabled by disease and is now sixty years of age. Commuted to present service November 2, '1908.
JOHN HEYWOOD.-Stabbing and giving whiskey to a minor. ._Tuly term, 1907, of the Superior Court of Hall county. Twelve months and six months respectively. These were his first offenses, and he has nearly served both sentences. The judge and solicitor recommend his release. Commuted to present service November 2, 1908.



100

JouRNAL OF THE HousE.

ELIZABETH PITTs.-Murder. April term, 1893, of the Superior Court of Warren county. The defendant is a negro girl of very low rearing and feeble intellect and plead guilty to the crime of infanticide. She has served fifteen years, and many white citizens of the county petition for her release. Commuted to present service November 2, 1908.
HENRY GoonLEY.-Arson. October term, 1880, of the Superior Court of Wilkinson county. Life imprisonment. He stole $10.00 from a dwelling and set the house on fire. No one was injured by the burning of the house. He was only seventeen years of age and has served tw~nty-eight years. Commuted to present service November 2, 1908.
SHERMAN GIVENs.-Arson and burglary. Ten and fifteen years respectively. Fall term, 1893, of the Superior Court of Dougherty county. He has served all of one sentence and nearly all of the other, has developed pulmonary tuberculosis and is now a physical wreck. Commuted to present service November 2, 1908.
F. P ARSONs.-Selling whiskey. March term, 1908, of the Superior Court of Banks county. Twelve months. He has an incurable case of syphilis. He has now served seven months. The solicitor-general and citizens recommend his release. Commuted to present service November 2, 1908.

WEDNESDAY, JuNE 23, 1909.

101

GEORGE FRANKS AND LEE SMITH.-Manslaughter. September term, 1898, of the Superior Court of Dodge county. Twenty years. Deceased had committed a burglary upon the dwelling of one of the defendants. They pursued him without a warrant, and when he resisted arrest they killed him. Under the circumstances it is thought that punishment has been sufficient. Commuted to present service November 2, 1908.
GuiLFORD HoRNSBY.-:Selling whiskey. February term, 1908, of the City Court of Atlanta. Twelve months. He is about eighty years of age and of previous good character. The judge and solicitor state that his guilt was only technical. Commuted to present service November 2, 1908.
CHARLES JoHNSON.-Burglary. October term, 1908, of the Superior Court of Harris county. Two years. At the time of his sentence he was suffering from violent tuberculosis. His condition is extremely critical and dangei:ous to the other ,prisoners. Commuted to present service November 5, 1908.
J. G. CAsH.-Larceny from the house. May term, 1908, City Court of Atlanta. Six months in jail. He has been in jail since the date of his arrest on December 12, 1907. His conduct has been good. The trial judge and solicitor, court officials and the prose-

102

JouRNAL OF THE HousE.

cutor ask for his release. Commuted to present service November 5, 1908.
En TEASLEY.-Manslaughter. September term, 1898, of the Superior Court of Elbert county. Twenty years. He has served about ten years. The judge and solicitor, the prosecutor, county officials and many citizens ask for his release. Commuted to pre_sent service November 6, 1908.
JoHN NATHAN.-Murder. March term, 1908, of the Superior Court of Morgan county. Sentenced to be hanged. He is only seventeen years of age and committed the crime while in a jealous rage. Reputable citizens make affidavit that he had always been of very weak mind, almost imbecile. Sentence commuted to life imprisonment November 6, 1908. .
En SuMMEROUR.-Manslaughter. August term, 1905, of the Superior Court of Walton county. Five years. He claimed that he acted in self-il.efense. Since conviction he has been a very faithful and obedient convict. Previous character good. His release is recommended by the trial judge and solicitor, the trial jury and county officials. Commuted to present service November 7, 1908.
DocK SPENCER.-Carrying concealed pistoL May term, 1908, of the Superior Court of 'l:errell county. Twelve months. He has served nearly seven months,

WEDNESDAY, JuNE 23, 1909.

103

and the camp physician certifies that he has chronic appendicitis and is unable to do manual labor. The county commissioners petition for his release. Sentence commuted to present service November 7, 1908.
JoHN THOMAs.-Simple Larceny. March term, 1908, of City Court of Atlanta. Twelve months. He has served eight months, and for two months has been confined to the hospital with typhoid fever. He is only seventeen years of age. Commuted to present service Noyember 7, 1908.
ANN WINSHIP.-Murder. September term, 1900, of the Superior Court of Clayton county. Life imprisonment. She is past sixty years of age and of weak mind. Her conduct has been good. Her release is recommended by the trial judge and solicitor, the trial jurors, the co:unty officers and a number of good citizens. Commuted to present service November 7, 1908.
JosEPH WILLIAMs.-Gaming. November term,
.1908, of the City Court of Sparta. Ten months. A
large number of good citizens of Hancock county certify that he has always borne a good reputation, and that this was his first offense. They request that the sentence be so modified as to allow him to pay a fine. Sentence commuted to a fine of $40.00 November 7, 1908.

104

JouRNAL OF THE HousE.

JANE HuNTER.-Misdemeanor. August term, 1908, of the Superior Court of Habersham county. Fine of $50.00 and twelve months on the chaingang. The county authorities and citizens of the county request that the sentence be commuted to service at the State farm instead of requiring her to work on the public roads, she being a white woman. Sentence commuted to service at the State farm November 7, 1908.
VoNA M. Ami3.-Misdemeanor. August term, 1908, of the Superior Court of Habersham county. Fine of $20.00 and twelve months on the chaingang. She is a young white woman, and the county authorities request that she be placed at the State farm instead of requiring her to work in the county chaingang. Sentence commuted to service at the State farm November 12, 1908.
B. F. SIMMs.-Manslaughter. February term, 1905, of the Superior Court of Forsyth county. Ten years. He has served nearly four years with exemplary conduct. His release is urged by the judge, solicitor-general, grand jury, trial jury, county officers and many good citizens. Commuted to present service November 18, 1908.
MATTIE BLACK.-Larceny from the house. September term, 1908, of the City Court of Americus.

WEDNESDAY, JUNE 23, 1909.

105

'
Ten months. County physician certifies that she is suffering from a complication of diseases, which are incurable and unfitting her for any labor. Her release is requested by the county commissioners. Commuted to present service November 18, 1908.

JoE GREENE.-Cheating and swindling. May term, 1908, of the City Court of Americus. Three cases. Twelve months each in the first two and ten months in the other. The county physician certifies that he has tuberculosis, and the county commissioners request that he be released. Sentence commuted to present service November 18, 1908.

MosEs YouNGBLOOD, CLARENCE CLARKE, JAMES PoTTER, RABuN SMITH AND NED WwarNs.-Gaming. October term, 1908, of the City Court of Sparta. Ten months onthe chaingang. They were sentenced to the chaingang without the alternative of paying a fine. The county officers and many good citizens certify that this is the first accusation of this character that has ever been brought against these defendants, and they request that they be given the privilege of paying a fine. Sentences commuted to the payment of a fine of $40.00 each, November 18, 1908.

W. W. O'CALLAGHAN.-Robbery. May term, 1907, of the Superior Court of Fulton county. Three.

106

.JouRNAL oF THE HousE.

years. He is a young white boy, and has serveu over eighteen months with good conduct. Since his imprisonment he has lost the sight of one eye. The judge and solicitor-general request clemency. Sentence commuted to present service November 25, 1908.
LEILA SuGGs.-Vagrancy. November term, 1908, of the City Court of Atlanta. Fine of $50.00 or twelve months. She is a white woman, having two small children dependent on her for support. The judge and solicitor recommend her release. Commuted to present service November 25, 1908.
IRA SMITH.-Misdemeanor. December term, 1907, of the City Court of Carrollton. Fine of $200.00 or twelve m6nths. He now has the money to pay his fine and requests that he be allowed to pay the fine and be given his freedom. His petition is endorserl by the judge and solicitor ap.d by the ordinary and clerk of the Superior Court. Sentence commuted to a fine Of $250.00 November 28, 1908.
ANNIE BELLE BoNNER.-Vagrancy. March term, 1908, of the City Court of Atlanta. She has served about nine months. She now asks to be released in order that she may accept a. position that has been hindered her. Commuted to present service December 5, 1908.

WEDNESDAY, JUNE 23, 1909.

107

OTTO E. BLACK.-Horse stealing. October term, 1905, of the Superior Court of Fulton county. Ten years. He was tried jointly with another man, who, since the trial, has made a confession fully exonerating him. The testimony was so doubtful that the trial jury recommended that he be punished as for a misdemeanor. This recommendation was disregarded by the judge in passing sentence but he now joins in recommending clemency. Sentence commuted to present service December 12, 1908.

D. H. MINTON.-Bigamy. June term, 1907, of the

Superior Court of Chlttham county. Two years.

He married in South Carolina, and after several

years his wife deserted him. He then moved to

Georgia, and in ignorance of the laws of this State

married again without obtaining a divorce. He is

an industrious millwright and capable of supporting



his family. His conduct has been good. Sentence

commuted to present service December 17, 1908.

GuY RuDASILL.-Larceny (two cases). November term, 1907, of the Superior Court of Cobb county. Twelve months in each case. He has served one full sentence. He is a boy only twelve years of age and has never before been charged with crime; The money stolen was only a few dollars, which has been restored. Sentence commuted to present service December 17, 1908.

108

JouRNAL OF THE HousE.

BRUCE REm.-Burglary. April term, 1895, Superior Court of Harris county. Twenty years. He
I
has served nearly his entire sentence with exemplary conduct. Commuted to present service December 17, 1908.
CHARLEs WrLLIAMs.-Burglary. December term, 1903, of the Sup~rior Court of Bibb comity. Ten years. He participated .in the burglary, but the principal made his escape. Has served nearly five years with exemplary conduct. His release is recommended by the trial judge and solicitor and the prosecutor. Commuted to present service December 17, 1908.
RosA LEE TuRNER.-Larceii.y. February term, 1908, of the Superior Court of Glenn county. Twelve months. She is suffering with tuberculosis, and the county commissioners petition for her release. Commuted to present service December 17, 1908.
RoBERTA BROOMFIELD.-Perjury. Fall term, 1907, of the Superior Court of Jefferson county. Four years. She is an ignorant negro girl, and it appears that she was bribed by awhite man to commit the act. The judge and solicitor-general recommend her release. Commuted to present service December 17, 1908.
I
,.

\\-"EDNESDAY, JUNE 23, 1909.

109

ALAMANZA WHITE.-.-Manslaughter. October term, 1902, Superior Court of Fulton county. At the time of the homicide he was only sixteen years of age, and the negro killed had been overbearing, frequently treating him with insults and violence. At the time of the killing the deceased had made a violent attack on him, and the boy claimed that he acted in self-defense. He has served six years, and his release is recommended by the judge, the solicitor-general and several officers. Commuted to present service December 17, 1908.
RICHARD QuANN.-Vagrancy. September term, 1908, of the City Court of Atlanta. Twelve months. He is a young white boy, nineteen years of age, from Massachusetts, who was on his way to Texas and was apprehended in Atlanta and tried for vagrancy. He has served three months with good conduct. Previous character good. Commuted to present service December 17, 1908.
REESE DEAN.-Larceny from the house. August term, 1907, Superior Court of Spalding county. Sentenced to the reformatory. From the report of the superintendent of the reformatory it appears that the boy has reformed. Sentence commuted December 17, 1908.
CHARLES BEAZLEY.-Voluntary Manslaughter. Fall term, 1906, of the Superior Court of Tattnall

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county. Sentenced to the reformatory. The Prison Commission recommends his release on the ground that there is a reasonable probability that he will live and remain at liberty without violating the law. Released December 17, 1908.
OLLIE SMALLwooo.-Involuntary Manslaughter. August term, 1907, of the Superior Court of Walton county. Sentenced to the reformatory. His release is recommended by the Prison Commission, based upon the report of the superintendent of the reformatory. Released December 17, 1908.
WILLIAM MASON.-Shooting at another. Fall term, 1906, of the Superior Court of Talbot county. Sentenced to the reformatory. Released upon the recommendation of the Prison Commission December 17, 1908.
JoHN DANIEL.-Disturbing divine worship and carrying concealed pistol. In the City Court of Hancock county. Twelve months on the chaingang. He was tried with several others. The others were sentenced to pay a fine and the defendant sentenced to the chaingang. The judge requests that his sentence be commuted to the payment of the same fine as that paid by the others. Sentence commuted to the payment of a fine of $150.00 December 17, 1908.

,

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111

JoHN.DRENNEN.-Larceny fro~ the house. January term, 1907, of the Superior Court of Floyd county. Sentenced to the reformatory. Released upon the report of the superintendent of the reformatory and the recommendation of the Prison Commission De<:ember 17, 1908. ,
JoHN JACKSON.-Larceny from the House. November term, 1906, of the Superior Court of Muscogee county. Sentenced to the reformatory. Released upon the report of the superintendent of the reformatory and the recommendation of the Prison Commission December 17, 1908.
C. R. JACKSON.-Using profane language and assault and battery. May term, 1908, of the Superior Court of Mcintosh county. Twelve months. He has served nearly two years, and his release is recommended by the Prison Commission. Commuted to present service December 18, 1908.
CLAUDE L. RAYSOR.-Burglary. September term, 1907, of the Superior Court of Fulton county. Three years. He bas served one year and two months with good conduct. He is a young white boy of good parentage, and his previous character was good. Commuted to present service December 18, 1908.
LEE PAYNE.-Burglary. March term, 1908, of the Superior Court of Polk county. One year. This boy

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is deaf, dumb and has but one leg. His conduct has been good. The superintendent of the prison farm . recommends his release. Commuted to present service December 17, 1908.

THOMAS ANGLIN, JR.-Malicious mischief. Superior Court of Chatham county, spring term, 1908. Twelve months. He has served more than seven months. He was only seventeen years of age when the crime was committed, and many good citizens recommend his release. Commuted to present service December 18, 1908.

J. W. BEcK.-Bigamy. April term, 1908, of the

Superior Court of Pickens county. Two years. He

is about eighty years of age, almost an imbecile and

'

very feeble. The trial judge and solicitor and a

large number of citizens recommend the clemency.

Commuted to present service December 18, 1908.

DocK JoNEs.-Breaking and entering a railroad car. July term, 1908, of the Superior Court of Bibb county. Twelve months. His release is recommended by the ordinary, who has control of the county chaingang, by the clerk of the Superior Court and the sheriff. Commuted to present service December 18, 1908.

ABRAHAM NEEL.-Larceny in two cases. Fall term, 1907, of the Superior Court of Cobb county. Twelve

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113

months in each case. He has served twelve months, and his release is recommended by the trial judge and solicitor, the mayor and council of Marietta, county officials and many citizens. Commuted to present service December 18, 1908.

DowDELL F. LEwis.-Burglary. Fall term, 1907, of the Superior Court of Fulton county. Three years. He was accused of taking some tools from a barn, of small value. He has served with good conduct over half of his sentence, and his release is recommended by Probation Officer Gloer and the solicitor-general. Commuted to present service December 18, 1908.
PEARL BLAcK.-Misdemeanor. July term, 1908, of the City Court of Americus. Twelve months. The county commissioners, the judge and several county officers recommend her release on account of ill health. Commuted to present service December 18, 1908.
W. B. GoDFREY.-Burglary. December term, 1906, of the Superior Court of Fulton county. Five years. He was convicted on ~circumstantial evidence, although he protested his innocence. Has served two years of his sentence. Previous character good. Judge and solicitor recommend his release. Commuted to present service December 18, 1908.

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JouRNAL OF THE HousE.

],RANK PoRTER.-Misdemeanor. MarchtEmli, 1908, of the Superior Court of Jenkins county. Twelve months. The chairman of the county commissioners recomm~nds his release upon the ground that he has dropsy and Bright's disease. He has served over nine months of his sentence. Commuted to present service December 18, 1908.

JAMES HATCHER.-Manslaughter. October term~ 1907, of the Superior Court of Richmond county. Two years. He has served more than half of his sentence, and his release is recommended by the trial judge and solicitor and county officers of Richmond county. Commuted to pr~sent service. December 18, 1908.
J. W. KEEN.-Selling mortgaged property. City Court of Baxley~ Six months. The judge and solicitor state that this man is aged and feeble. Inasmuch as he has served the greater poftion of his sentence, they recommend his release. Commuted to present service December 18, 1908.
FRANK GoiNs.-Murder. October term, 1893, of the Superior Court of Richmond county. Life imprisonment. He was convicted of infanticide upon the testimony of a woman who now makes affidavit that she swore falsely. He has served faithfully over thirteen years. The trial judge and solicitor

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115

and others familiar with the facts recommend his release. Commuted to present service December 18, 1908.
BEN YAPP.-Burglary in two cases. May term, 1904, of the Superior Court of Macon county. Five years. He has served over four years with good conduct. His release ,is recommended by the solicitorgeneral and many good citizens. Commuted to present service December 18, 1908.
FRANK HoLMEs.-Larceny. September term, 1908, of the Superior Court of Chattooga county. Twelve months. Defendant is a negro boy, and the Prison Commission recommends his release in order that he may be taken by his father to the general State reformatory for negro boys near Macon. Commuted to present service December 22, 1908.
JOHN BRowN.-Murder. Spring term, 1882, of the Superior Court of Richmond county. Life imprisonment. He was convicted on brief circumstantial evidence and has served over twenty-six years with good conduct. Commuted to present service December 22, 1908.
HENRY 0. JoHNSON.-Burglary in two cases. April term, 1905, of the Superior Court of Thomas county. Two years. He was a young white man, about seventeen years of age, at the time the crime was com-

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mitted. He has served with good conduct, and his term of service will soon expire. His release is recommended by the prosecutor, by county officers and many good citizens. Commuted to present service December 22, 1908.
FRANK STARR.-Murder. April term, 1904, of the Superior Court of Henry county. Life imprisonment. He killed a negro who was an ex-convict, and was represented as having been a man of bad character. The testimony was conflicting. The trial judge and solicitor recommend that he be released. It is shown that he has permanent heart trouble. Previous character good. Sentence commuted to present service December 23, 1908.
En DANIELs.-Misdemeanor. City Court of Atlanta, July term, 1908. Twelve months. Since the date of his reception in the chaingang he has never been able to do any work on account of serious illness. The county physician certifies that he has an incurable disease. Commuted to present service January 1, 1909.
J. ToM LoNG.-Murder. Spring term, 1907, of the Superior Court of Walton county. Life imprisonment. The evidence on which he was convicted was very conflicting. The man killed was of a. violent nature, who carried a pistol habitually and had killed

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117

one man.. The defendant claimed that he acted in self-defense. His release is requested by eight hundred good citizens, the jury that indicted him, the trial jury that convicted him and many others. Commuted to present service January 13, 1909.
HowARD BRowN.-Misdemeanor. Spring term, 1908, of the City Court of Atlanta. Twelve months: The county physician certifies that he has consumption. He has served ten months and is unable to work. Commuted to present service January 11, 1909.
WALTLR LLOYD.-Murder. March term, 1904, of the Superior Court of Chatham county. Life imprisonment. In a personal encounter the pistol in the hands of Lloyd was seized by the man killed, and in the struggle the shot was fired. The deceased was in a drunken condition and was the aggresRor. The solicitor-general states that the defendant has been sufficiently punished. Commuted to present service January 11, 1909.
TRIM LEwis.-Misdemeanor. June term, 1908, of the Superior Court of Fulton county.. Twelve months. The county physician certifies that the defendant is confined to the liospital unable to do any work. His release is requested by the county commissioners. Commuted to present service January 11, 1909.

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JouRNAL OF THE HousE.

Lucrus WRIGHT.-Carrying concealed pistol. August term, 1908, of the Superior Court of Polk county. Twelve months, or a fine of $90.00. His father , has raised the fine and now asks that his sentence be commuted to the payment of the fine. He has served several months at hard labor. Sentence commuted to the payment of a fine of $90.00, January 11, 1909.

CHARLEs WHITFIELD.-Shooting at another. October term, 1908, of the Superior Court of Chatham county. Six months. He has served about half his ' sentence with good conduct. Previous character good. Sentence commuted to present service Jannary 11, 1909.

JOE VARNER.-Gaming. September term, 1908, of the City Court of Atlanta. Eight months. The judge who sentenced him recommends that his sentence be commuted to a fine of $25.00. Sentence commuted January 11, 1909.
CLARENCE MAuLDIN.-Larceny. December term, 1908, of the lJity vonn; u.i Atlanta. Eight months. He is a young white boy, seventeen years of age, and was convicted for stealing a chicken. He .is represented as being very weak physically and mentally. Sentence commuted to present service Jf!-n~ nary 13, 1909.

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119

GEORGE DILLARD.-Murder. April term, 1908, of the Superior Court of Houston county. Sentenced to death. He was a porter on a railroad train and killed the deceased in an effort to prevent disorder among some negroes. Since the trial two witnesses make affidavit that deceased was in the act of pulling a knife from his pocket when Dillard shot him. The defendant claimed that he acted in self-defense. Sentence commuted to life imprisonment January 11, 1909.

DAVID WILSON.-Misdemeanor. August term, 1908, of the City Court of Thqmasville. Ten months. He was only sixteen years of age and was under the influence of an older person. He has served half of his sentence with good conduct. Sentence commuted to present service January 13, 1909.
HuGo 0KERMAN.-False writing. December term. 1905, Superior Court o Chatham county. Five years. While in a drunken condition he drew an order on his employer fof $43.55, supposing, as he states, that the company was indebted to him for that amount. Has served with good conduct over three years. This is his first offense. Commuted to present service January 13, 1909.
0. L. DowNING.-Murder. February term, 1901, Superior Court of Dooly county. Life imprison-

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ment. The crime was committed under very extenuating circumstances. He has served eight years with good conduct. The trial jury, solicitor-general and many good citizens recommend clemency. Commuted to present service January 16, 1909.
BILL FRANKLIN.-Simple larceny. September term, 1908, of the City Court of Carrollton. Fine of $150.00 or twelve months. Defendant is an old negro, and the county physician- certifies that he has been treating him practically all of the time since he has been in prison. He found a pocketbook on the public highway containing about $5.00 and con- _ cealed it from the owner. The trial judge and solicitor recomm.end clemency. Sentence commuted to a :fine of $50.00 January 22, 1909.
ELMER LoNG.-Larceny. January term, 1909, of the Superior Court of Fulton county. Fine of $250.00 or six months. The trial judge and solicitor and also the prosecutor recommend clemency on the ground that he had no criminal iRtent. He is a young white man, and his wife and child need his support. Commuted to present service February 6, 1909.
JoHN T. HAYNEs.-Burglary. October term, 1906, of the Superior Court of Fulton county. Five years. The jury recommended that he be punished as for a

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121

misdemeanor.. The judge disregarded the recommendation, but told him that after he had served two years with good conduct he would recommend his pardon. He has served nearly two years and a half. Commuted to present service February 6, 1909.
SusAN MoRGAN.-Larceny. January term, 1909, of the City Court of Savannah. Three months. The trial judge recommends her release. She has several children, and her :financial condition probably drove her to do the act. Commuted to present service February 6, 1909.
STANLEY CoTTRELL.-Burglary. October term, 1905, Superior Court of Fulton county. Five years. The jury recommended that he be punished as for a misdemeanor, but the judge gave him five years, stating that at the end of two years he would recommend his pardon. He has served over three years with good conduct. Commuted to present service February 6, 1909.
J. L. WILLis.-Burglary (two cases). Spring term, 1905, of the Superior Court of Thomas county. Three years in each case. The articles stolen were of small value, and he has about served one sentence of three years. He has a wife and child in destitute circumstances, and the solicitor-general and many citizens recommend clemency. Commuted to present service February 6, 1909.

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JOURNAL oF THE HousE.

LuTHER GLOER.-Robbery. January term, 1907, of the Superior Court of Fulton county. Seven years. The defendant has always protested his innocence. The main witness against him was drunk at the time that he alleged he was robbed. The solicitor-general, grand jury, trial jury, county officers and many citizens recommend his release. Commuted to present service February 6, 1909.
S. A. PrNION.-Cattle stealing. Spring term, 1908, of the Superior Court of Hall county. Two years. He is an old man and is said to be of unsound mind. Has served nearly half of his two years' sentence, and a number of county officers and citizens recommend his release. Commuted to present service February 6, 1909.
wiLLIE EAGAN.-Larceny. March term, 1908, of the City Court of Savannah. Sentenced to the re-. formatory. His release is recommended by the trial judge. His mother is a good woman and will place him where he will learn a good trade. Commuted to present service February 6, 1909.
LEGAREE BoswELL.-Manslaughter. March term, 1907, Superior Court of Morgan county. Three years. The offense was committed under very great provocation, and his release is recommended by the trial judge and salicitor. Commuted to present service February 6, 1909.

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123

CHARLEY BAILEY.-Misdemeanor. September term, 1908, Superior Court of DeKalb county. Twelve months. The county physician certifies that he has a fatal case of tuberculosis. His release is recommended by the county physician. Commuted to pres- ent service February 11, 1909.
JoHN FELTMAN.-Murder. Fall term, 1895, of the Superior Court of Coweta county. Life imprison. ment. He has served fourteen years with good conduct, and last year I?revented the escape of fifty convicts from the mine. His release is recommended by the trial jury, the grand jury and many citizens. Commuted to present service February 17, 1909.
ALLEN HIGHTOWER.-Gaming. November term, 1908, of the Superior Court of Monroe county. Five months. The county physician certifies that he is suffering from serious diseases, which threaten his life, and the county commissioners appeal for his discharge. Commuted to present service February 20, 1909.
WILL SENIOR.-Voluntary Manslaughter. Fall term, 1907, of the Superior Court of Talbot county. Six years. He is now at the State farm and unable to do but little work. His release is recommended by the trial judge and solicitor, the trial jury, the grand jury find county officers. Commuted to present service February 20, 1909.

124

,JOURNAI; OF THE HoUSE.

JACK CAIN.-Murder. September term, 1908, of the Superior Court of Spalcling county. Sentenced to. death. Evidence secured since the trial show extenuating circumstances. Commuted to life imprisonment February 25, 1909.
CHARLES AnKrNs.-Felony. July term, 1905, of the Superior Court of Floyd county. Ten yearsr The prosecutor states that he has discovered facts since the trial which create grave doubt in his mind as to the defendant's guilt. The trial judge and solicitor and many citizens recommend his release. Commuted to present service February 25, 1909.
GEORGE FrELns.-Gaming. February term, 1908, of the Superior Court of Cobb county. Four months. He has tuberculosis and is unable to work. Commuted to present service February 25, 1909.
JoE LowE.-Assault with Attempt to Murder and Carrying Concealed Pistol. November term, 1907, of the Superior Court of Muscogee county. Twelve and six months respectively. He has served all of both sentences, with exception of about twenty days, with good conduct, previous character good. Commuted to present service March 3, 1909.
FELTON BARNEs.-Murder. September term, 1900, of the Superior Court of Polk county. Life imprisonment. He h~s served with good conduct for nearly

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125

eight years. The deceased was a dangerous negro, and the judge and solicitor-general state: ''There were grave doubts as to the correctness of the verdict, and he may have been justified in the killing.'' Sentence commuted to present service March 11, 1909.
WILL CALLIER.-Misdemeanor. May term, 1908, Superior Court of Muscogee county. Eighteen months. The county physician and county commissioner urge his release upon the ground that he is affiicted with tuberculosis. Commuted to present service March 12, 1909.
WILLIAM HARPER.-Misdemeanor (two cases). September term, 1907, of the City Court of Atlanta. Fine of $150.00 or two years. He has served sixteen months an,d while at work had one fo<Yt severely crushed. The trial judge and solicitor ask for his release. Commuted to present service March 22, 1909.
GoRDON BAILEY._:_Selling whiskey. January term, 1909, of the City Court of Macon. Fine of $750.00 or twelve months. Reputable physicians certify that he has tuberculosis, and his mother is anxious for his release in order that she may send him out West. He has already been confined in jail about two months. Aentence commuted March 30, 1909.

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JouRNAL OF THE HousE.

'VfiLLIAM RrcHARDSON.-Misdemeanor (three cases) July term, 1907, of the Superior Court of Floyd county. Twelve months each in two cases and eight months in the other. All of the cases grew out of the same transaction. He has now served over eighteen months, and his release is requested by the trial judge and solicitor, officers of the court, county officers and many citizens. Commuted to present service March 3.0, 1909..
JoHN THOMAs.-Misdemeanor (three cases). May term, 1908, of the Superior Court of Stephens county. Two and a half years. A physician certifies that he is of weak mind and barely responsible for his acts, and that he is suffering with an incurable disease. He is unable to do but very little work. Commuted to present service March 30, 1909.
BESSIE RoBINSON.-Larceny (three cases). February term, 1908, of the City Court of Atlanta. Eight months in each case. She has served over twelve 'months and is represented as a negro girl of weak mind. The trial judge and solicitor and the prosecutor recommend her release. Commuted to present service March 30, 1909.
A. J. HARMON.-Robbery. May term, 1907, of the Superior Court of Fulton county. Five years. He plead guilty, supposing that he was being tried for

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127

gaming. The facts, as shown by affidavits, are that he was not guilty of robbery. The prosecutor and solicitor-general request his release. Commuted to present service April 1, 1909.
NAPOLEON HALL.-Disturbing divine worship. December term, 1908, County Court of Putnam county. Twelve months. He has tuberculosis, and his release is requested by the county commissioners and the trial judge and solicitor. Commuted to present service April 6, 1909.
RAYMOND JoNEs.-Burglary. July term, 1908, of the Superior Court of Bibb county. Fifteen years in the penitentiary. He was only fifteen years of age when convicted and he now has less than one year to serve. His conduct in the penitentiary has been good. Granted April 7th, 1909.
W. G. THOMPSON.-Embezzlement. Spring term, 1908, of the Superior Court of Chatham county. Seven years in the penitentiary. It appears that he was led into the commission of the offense by kiting the papers of people who were doing business with his firm. His intention was to return the amount he had thus taken and used in support of his family. When arrested he gave up his home and entire property to satisfy his debt. His conduct has been good. Granted April 12th, 1909.

128

JouRNAL oF THE HousE.

JAMES CANTRELL.-Voluntary manslaughter. February term, 1905, of the Superior Court of Murray county. Six years in the penitentiary. His release is urged by the trial judge, solicitor-general, grand jury, trial jury, county officers and many good citizens familiar with all the facts. J:)uring his imprisonment his conduct has been goo<h Sentence commuted April 12, 1909.
LIGHT LocKETT.-Voluntary manslaughter. Fall term, 1907, of the Superior Court of Polk county. Four years in the penitentiary. He killed the deceased under great provocation, the deceased having
I
boasted that he had taken defendant's wife away from him. The trial judge and solicitor and many citizens recommend clemency. Sentence commuted April 12th, 1909.
HARRY PAsCHAL.-Assault to murder. October term, 1906, of the Superior Court of Columbia county. Five years in the penitentiary. He has served about half his sentence and is now affected with tuberculosis. The ordinary and county physician recommend his release. Sentence commuted April 12th, 1909.
FELIX BELL.-Burglary. October term, 1897, of the Superior Court of Oglethorpe county. Twenty years in the penitentiary. He has served eleven years

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129

with good conduct. He was a young boy when the crime was committed. Clemency recommended by the prosecutor, solicitor-general, county officers and many good citizens. Sentence commuted April 12th, 1909.
NAT CARSWELL.-Burglary. Spring term, 190'7, of the Superior Court of Fulton county. Five years in the penitentiary. The county physici,an certifies that he has an incurable disease. He has been in thfl hospital more than four months. Sentence commuted April 12th, 1909.
HELEN DREw.-Misdemeanor. September term, 1908, City Court of Camilla. Twelve months in the chaingang. She has consumption and is unable to work. Sentence commuted April 12th, 1909.
SALLY J OHNSON.-Assault with intent to murder. September term, 1908, Superior Court of Hart county. Eighteen months. in the penitentiary. She was convicted as accessory to a shooting by her young son nine years of age who is said to have shot at a man who beat him. She has served seven months with good conduct, and having a large family of young children dependent upon her, the trial jury, county officers and other good citizens recommend her release. Sentence commuted April 12th, 1909.

5-h.i

130

JouRNAL OF THE HousE.

MARION MoRRis.-Misdemeanor. October term, 1908, of the City Court of Atlanta. Twelve months. The, facts in the case show only a technical violation of the law. He served thirty days in the stockade for the same offense and he has now served seven months under the tw? senten~es. The trial judge and solicitor and other officers recommend clemency. Commuted April 13th, 1909.

SEARCY GILEs.-Involuntary manslaughter. August term, 1908, of the Superior Court of Butts county. Two years in the penitentiary. Clemency recommended by the trial jury, solicitor general, sheriff and many citizens. Commuted April 13th. 1909.
HARMON KNIGHT.-:Voluntary manslaughter. November term, 1906, of the Superior Court of Terrell county. Three years in the penitentiary. He has served all of his sentence but six months. His conduct in prison has been exemplary. Clemency recommended by the trial jury which is consented to by the trial judge and solicitor-general. Commuted April 13th, 1909.
ToBIAS LovETT.-Misdemeanor. October term, 1908, of the City Court of Newnan. Twelve months. A number of good citizens state they believe the defendant was convicted on perjured evidence. His

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131

wife has died during his imprisonment, leaving four small <;hildren helpless and destitute. Clemency recommended by the tr:,ial judge and solicitor. Commuted April 13th, 1909.

'
Wn.L MoRGAN.-Burglary. September term, 1902, of the Superior Court of Jasper county. Ten years in the penitentiary. The evidence upon which he was convicted was weak and unsatisfactory. His previous character was good and his conduct in prison has been exemplary. Commuted April 13th, 1909.
SAM TAYLOR.-Murder. September term, 1908, of the Superior Court of Coweta county. Sentenced to death. Nearly all of the jurors who tried the case, most of the county officers and a great many good citizens recommend that his sentence be commuted to life imprisonment. Sentence commuted April 17th, 1909.
E. C. HuGHEs.-Forgery. Fall term, 1908, of the Superior Court of Fulton county. Three years in .the penitentiary. He bas developed tuberculosis and is entirely unableto work. Sentence commuted May 1st, 1909.
LEwrs MrLLIRONs.-Rape. Superior Court of Clay County. Sentenced to death. He was charged with having raped his stepdaughter, but his arrest and

132

JouRNAL OF THE HousE.

prosecution did not take place until six months after the first offense. When arrested he was arranging to run away with his stepd~ughter whom he was charged with having raped. Affidavits have been
presented showing that the girl had been guilty of
very questionable conduct before the time the first , offense was alleged to have been committed. A' large number of the citizens of the county urge that his sentence be commuted. Sentence commuted April 28, 1909.
BERRY MEEKs.-Arson. October term, 1897, of the Superior Co.urt of Schley county. Life imprisonment. He was convicted on circumstantial evidence and has always protested his innocence. He has served twelve years with good conduct and on more than one occasion has prevented escapes and assisted in the re-capture of other convicts who had escaped. Sentence commuted April 27th, 1909.
D. C. PERDUE.-Murder. November term, 1905, of the Superior Court of Cobb county. Lif~ imprisonment. There is grave doubt of his guilt. Clemency is recommended by the trial judge and solicitor, by' the jury which convicted him, by county officials and others. Sentence commuted May lOth, 1909.
GEORGE S. HAYGOOD.-Larceny after trust. Octoher term, 1908, of the Superior Court of Chatham

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133

county. Twelve months. His release rs recom mended by the solicitor who prosecuted him, by the county commissioners, county officers and many prominent citizens. His previous character was good. Commuted May lOth, 1909.
NANCY MoRRrs.-Murder. September term, 1884, of the Superior Court of Newton county. Life im prisonment. She has served twenty-five years with good conduct and is now old and unable to do much work. Commuted May 11th, 1909.
JoE ,JAcoBs.--Murder. July term, 1904, Superior Court of Richmond county. Life imprisonment. Jacobs killed his wife and her lover whom he caught in a criminal act in Jacob's own room. Clemency recommended by the trial judge and solicitor, by the grand jury, county officials, and others. Commuted May 11th, 1909.
LuM BRADLEY.-Murder. February term, 1904, of the Superior Court of Paulding countY. Life im prisonment. He has made a model prisoner and clemency is recommended by the solicitor, county officers, trial jurors a:v.d many citizens. Commuted May 11th, 1909.
BABE GREER.-Larceny. Fall term, 1907, of the _ City Court of Atlanta. Two years in the peniten

134

JouRNAL o.F THE HousE.

tiary. He has served more. than a year and one~half of hi,s sentence and is now in ill health. Ip.s release is recommended by the trial judge and solicitor and other citizens. Commuted May 11th, 1909.
I
Doc LENARD.-Misdemeanor. OCtober term, 1908, of the Superior Court of Pike county. Twelve months in the chaingang. The witness who testified against him is now under indictment for perjury and those familiar with the case now believe the defendant was convicted on perjured evidence. Commuted May 11th, 1909.

CHARLEs WATERs.-Larceny. Fall term, :1908, of the City Court of H,ouston county. Twelve months. He was charged with stealing five dollars. He has occasional fits and since being in .prison he was severely burned from falling in the fire during one . of these fits. Commuted May 11th, 1909.
DocK DRAKE.:-Drunkenn~ss. Februa~y term, 1909, of the City Court of Oglethorpe county. Twelve months or a fine of one hundred dollars. He has paid th~ fine of one hundred dollars, and _now petitions for his release. Commuted May 11, 1909.

HENRY PRUITT.-Misdemeanor. March term, 1909, of the Superior Court of DeKalb county. Six months. He has tuberculosis and for the past two

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135

months has been unable to do any work. Commuted May 13th, 1909.
CICERO THOMAs.-Manslaughter. October term, 1904, of the Superior Court of Pike county. Ten years in the penitentiary. There was a conflict in the evidence upon which he was convicted and recently the main witness has admitted in writing that he swore falsely. His release is urged by county officers, the grand jury, the trial jury, the solicitor general, the presiding judge and many citizens. Commuted May 13, 1909.

HENRY WESTMORELAND.-Assault to murder. Spring term, 1899, of the Superior Court of Fulton county. Twenty years in the penitentiary. He was convicted in two cases and given a -sentence of ten years in each case. He was charged with attempting to mu~der his wife ~nd mother-in-law. On 'one occasion he went to the house of his mother-in-law to see his wife and child. His wife refused him admittance there being a man at the time in the house , with her. He endeavored to force an entrance into
the h.ouse and his mother.-in-law :fired at him with a
pistol. He returned the :fire and the two women were slightly injured. He has now served more than one full sentence of, ten years with good con duct. Commuted May 14, 1909.

136

JouRNAL OF THE HousE.

LEwis JoRDAN.-Gaming. April term, 1908, City Court of Sparta. Twelve months. He was guilty of gaming with several others in which it appears that he was shot in the breast. A certificate of the physician shows that he was now suffering from a dangerous aneurism that is likely to cause his death. Commuted. May 24, 1909.
ALBERT KENT.-Murder. Fall term, 1902, of the Superior Court of Screven county. Life imprisonment. The crime was committed at night and the prosecution relied very largely upon the testimony of Mary Mobley who was t1ie only witness who identified the defendant. She has recently admitted that she was not certain that Albert Kent was the man who committed the crime. In view of these admissions the trial judge and solicitor recommend his release. Sentence commuted May 20, 1909.
JoHN DANIEL.-Obstructing legal process. August term, 1904, of the Superior Court of Jackson county. Twelve months. He has served about three and one-half months of his sentence and the judge who presided now recommends that his sen-
1
tence be commuted to his present service upon the payment of a fine of one hundred dollars. Sentence commuted May 25, 1909.
I. MINDER.-Murder. Superior Court of Bibb county, April term, 1901. Life imprisonment. He

WEDNESDAY, JUNE 23, 1909.

137

killed the deceased under great provocation. Previous to conviction he bore a reputation of being a quiet, peaceable citizen. Since conviction his mind and health have become very much i~paired and he is now practically a mental and physical wreck. He has served over seven years and his release is urged by many prominent citizens of Macon who promise that he will be given proper m'edical treatment and not become a charge upon the public. Commuted May 28, 1909.
HENRY CoHEN.-Murder. April term, 1893, of the Superior Court of Rockdale county. Life imprisonment. He was convicted for killing his wife which he claimed was accidental. Facts have developed since the trial which discredit the testimony of the principal witness against him. He has been in the penitentiary sixteen years. His conduct has been good. The jury which convicted him .and many citizens now petition for his release. Commuted May 28, 1909.
ENos KNIGHT.-Murder. Spring term, 1901, of the Superior Court of Meriwether county. Life imprisonment. He has always protested his innQcence. He has served eight years with good conduct. His release is recommended by county officials, every member of the trial jury now living,
',

138

JouRNAL OF THE HousE.

'
the grand jury which indicted him and the judge who presided at the trial. Commuted May 29, 1909.

JAMES DRURY.-Misdemeanor. October term, 1908, of the Superior Court of Chatham county. Twelve months. This was his first offense and he has now served about eight months with good con~ duct. Commuted May 29, 1909.

SAM CosBY.-Manslaughter. September term, 1903, of the Superior Court of Echols county. Eight
years in .the penitentiary. He has served all but about two years of his sentence. He has but one arm and the other arm is badly afflicted. He captured an escaped convict and assisted in capturing another. His conduct has been good. Cominuted June
I
5, 1909.

CHARLES FIELns.-M~rder. June term, 1908, of the Superior Court of Muscogee county. Life imprisonment. He is now sixty-six years of age and worn out from work. On one occasion when three convicts caught a guard and tried to take, his gun he knocked them loose from the guard and thereb) prevented two squads of convicts from being liberatei. His conduct has been good. Commuted June 5, 1909.
WILLIAM FIELDS;----'Arson. November term, 1888,
of the Superior Court of Liberty county. Life iiD-

_ WEDNESDAY, JUNE 23, 1909.

139

prisonment. He has served twenty years with good conduct and is now sixty-nine years of age. On one occasion the building caught fire from lightning and he guarded 'the gate and prevented the prisoners from escaping until a.s!;istance could arrive. Cotnm~ted June 5, 1909.

JAc:k GRIFFITJi.___;Murder: August term, 18!18, of

the Superior Courf of Oconee colinty. Life im-

prisonment. He -now has tuberculosis and physi-

cian states that he can not recover. He has served

o:ver ten years with good conduct. Commute] June

~~~

,

.

I

.

. BuTLER lliTCHEa.~Murder. April term, 1880, of the Superior Court of Floyd county. Life imprison.ment. .He has..heen in the penitenti~ry over_ twentyeight years and has been a trusty for about t~n years. He is old and broken down and unable to work. qommuted to present service June 5, 1909.
Bo!J JoHNSON.~Attempt to murder. November term, 1907~ of the Superior Court o~ Marion coun~y. Sixteen yea;rs .in the penitentiary. He is. now totally bljnd,. 4is ~yes. having been- blown -out by dynamite
. a,.t.the coal mine where working as a convict. Com-
muted to present. service June 5, 1909.

JAsPER MooRE.-Murder: May term, '1884, of the '>Superior Court of Stewart comity. Life 'imprison-

140

JouRNAL OF THE HousE.

ment. He has served twenty-five years with good conduct and is now seventy-two years of age. Commuted to present service June 5, 1909.
LEWIS MooRE.-Manslaughter. January term, 1902, of the Superior Court of Harris county. Twelve years. He now has incipient consumption and since being in the penitentiary he has lost a leg in the coal mines. His conduct has been good. Commuted to present service June 5, 1909.
MARY WASHINGTON.-Murder. June term, 1894, of the Superior Court of Chatham county. Life imprisonment. She is forty-six years of age and has been in the penitentiary nearly fifteen years. She has an incurable cancer of the womb from which she has constant hemorrhages. Commuted to present service June 5, 1909.
VICEY LARAMORE.-Arson. September term, 1889, of the Superior Court of Chatham county. Life imprisonment. She was convict~d of burning a .negro dwelling house and has now served about twenty years with good conduct. The physician states that she is badly afflicted with hydrid cysts all through the abdominal cavity and is unable to work. Commuted to present service June 5, 1909.
EuGENE McWHoRTER.~Burglary. June term, 1903, of the Superior Court of Bibb county. Twenty

WEDNESDAY, JuNE 23, 1909.

141

years in the penitentiary. While at work in the coal mines falling slate injured his back and ~aused complete paralysis of both of his legs. He is 'now in a helpless and harmless condition~ He has a sister in Macon who will take care of him. Commuted to present service June 5, 1909.
JoHN JoNEs.-Murder. October term, 1892, of the Superior Court of Tattnall county. Life imprisonment. He is sixty-three years of age and has served over sixteen years with good conduct. He has syphilitic rheumatism and is broken down and unable to work. Commuted to present service June 5, 1909.

CHARLES SHULER.-Burglary. October term, 1877, of the Superior Court of Lowndes county. Fifteen years. While serving his term for burglary he got into a fight with another convict and killed him for which he was sentenced to life imprisonment. He is now sixty-five years of age and has served for thirtytwo years. For a great many years his conduct has been good. Commuted to present service June 5, 1909.
GEORGE DwKsoN.-Murder. April term, 1897, of the Superior Court of Richmond county. Life imprisonment. He killed another negro which he claimed was accidental. While working in the coal

142

JouRNAL oF THE HousE.

mine he lost a leg by falling slate. He has served nearly twelve years with good conduct. Commuted to present service June 5, 1909.
RAMP JoHNSON.-Burglary. October term, 1894, of the Superior Court of Houston county. Twenty years. Since being in the penitentiary .he has lost one of his legs in a saw mill. He has served nearly fiftee;n years with good conduct. Commuted to present service June 5, 1909.
'
JEFF STAPLER.-Murder. February term, 1892, of the Superior Court of Jackson county. Life imprisonment. He killed a negro man who he claimed was at the time reaching for his gun to shoot him. While serving as a convict in the coal mine he lost one of his legs. He has served over sixteen years with good conduct. Commuted to present service, ,June 5, 1909.
JoHN EvANs.-Murder. September term, 1882, I
of the Superior Court of Walker county. Life imprisonment. He is sixty-three years of age and has now served twenty-seven years with good conduct. He has been a trusty for many years. Commuted to present service June 5, 1909.

JoHN Fox.-Manslaughter. October term, 1904, of the Superior Court of Warren county. . Seven

WEDNESDAY, JUNE. 23, 1909.

143

years m the penitentiary. While working in the coal mine his arm was fractured and badly injured by falling slate. Counting his time for good behavior he has only about one year more to serve. Commuted to present service June 5, 1909.
GINSEY MAYs.-Murder. April term, 1886, of the Superior Court of Butts county. Life imprisonment. She was convicted for killing her husband and she was only fifteen years of age. She says that he was whipping her and she shot him with a pistol. She has served twenty-three years with good conduct. Commuted to present service June 5, 1909.
DAN SM:ITH.-'Murder. October term, 1898, of the Superior Court of Appling county. Life imprisonment. Since being in prison he has been operated on for gall stones and is now practically helpless. He is fifty-two years of age and his conduct has been good. Commuted to present service June 5, 1909.
BEN SIKES.-Voluntary manslaughter. AJ?ril term, 1905, of the Superior Court of Tattnall county. Seven years in the penitentiary. He was only fifteen years old when the crime was committed and he has always claimed that the killing was an accident. Clemency is recommended by the judge and solicitor who tried him, eleven of the trial jurors. county officials and many citizens. Commuted to p'resent service June 8, 1909.

144

JOURNAL OF THE HOUSE.

REMOV.!\-L OF DISABILITIES.
E. T. KELLY.-Superior Court of Newton county. LarGeny. Ten years. He served out the sentence imposed upon him about thirty years ago and has since been a law-abiding citizen. Disabilities removed May 16, 1908.
LEE B. J ONEs.-Spring term, 1903, of the Superior Court of Dooly county. Embezzlement. Sentenced as for a misdemeanor. He paid the fine impoRed by the court and has since been a law-abiding citizen. Disabilities removed August 18, 1908.
TnoMAS CHAPMAN.-Accessory to arson. Spring term, 1901, of the Superior Court of Hall county. Two years. Some doubt existed as to his guilt, but he went at once to prison and served his full sentence. He has since been an industrious, law-abiding citizen. Disabilities removed August 31, 1908.
IRA H. FARRILL.-Larceny. October term, 1906, of the Superior. Court of Rockdale county. Fine of
$25.00. The offense was committed while ~ was
drunk. He plead guilty and promptly paid the fine. His conduct has since been good. Disabilities removed O~tober 22, 1908.
J. B. BRACKET.-Receiving stolen goods. October term, 1901, of the Superior Court of Whitfield

WEDNESDAY, JUNE 23, 1909.

145

county. Five years. He served his term with good conduct and has since been a law-abiding citizen. Disabilities removed October 22, 1908.
THOMAS P. FLYNN.-Taking oysters', November term, 1900, of the City Court of Brunswick. Fi.Iie of $400.00 or six months. He plead guilty, although it appears that he was in fact guilty, and paid the fine. He has always borne the reputation of a lawabiding citizen. Disabilities removed October 22, 1908.
Jo:B:N F. HoKE.-Larceny. Superior Court of Liberty county. Five years. He served his sentence with good conduct and has since been a good citizen. Disabilities .removed November 5, 1908.
BLuTCHER B. SMITH.-Embezzlement. April term, 1902, of the Superior Court of Houston county. Fine of $450.00. He promptly paid the fine and has since been an industrious, law-abiding citizen. Disabilities removed December 17, 1908.
J. J. CARROLL.-Larceny. Fall term, 1904, Superior Court of Fulton County. Four' years. He served his full sentence, and since his release has been a trustworthy employee and has established a reputation as an industrious, good citizen. Disabilities removed January 11, 1909.

146

JouRNAL OF THE HousE.

PAROLES GRANTED.

LENA REnn.-Escape. July term, 1907, Superio1

Court of Muscogee county. Sentenced to the refor-

matory. Since her imprisonment her .conduct has

..

been exemplary, and arrangements have been made

to provide her a home in a Christian family in the

city of Atlanta. Parole granted December 17, 1908.

ELISHA BRAMLETT.-Voluntary manslaughter. Spring term, 1903, Superior Court of Gilmer county. Twenty years. He served about six years with good conduct. His release is recommended by the judge who tried him, by the grand jury, trial jury and many citizens. Parole granted March 12, 1909.
MAT CRA.wFo~n.-M~nslaughter. Spring term, 1906, of the Superior Court of Greene county. Five years. He has served the minimum sentence :fixed by law with good conduct. Previous character good. Parole granted March 26, 1909.
HERMAN McELROY.-Burglary. Fall term, 1905, Superior Court of Fulton. He has served the minimum sentence with good conduct. Employment will be given him immediately on his release. Parole gr~nted March 31, 1909.
JoHN H. CoLEMAN.-Felony. November term, 1898, of the Superior Court of Cobb county. Twenty

.WEDNESDAY, JUNE 23, 1909.

147

years. He is now nearly eighty years of age, infirm

and diseased, and has served with good conduct al-

most the entire sentence. Parole granted March 31,

1909.

'

OLIVER WrLcox.-Voluntary manslaughter. April term, 1905, of the Superior Court of Telfair county. Ten years. He committed the crime when nineteen years of age. The deceased was a desperate character and had pursued. the defendant for some time previous to the killing. He has served with good conduct more than the minimum sentence fixed by law. Parole granted April 1, 1909.

DAN LYON.-Accessory to murder. September term, 1884, Superior Court of Newton county. Life imprisonment. He was convicted on circumstantial evidence and has served twenty-five years with good conduct. Parole granted April 1, 1909.

SoN BALDWIN.-:-Manslaughter. April term, 1900, Superior Court of Clarke county. Fifteen years. He was a small boy when the crime was committed and was convicted on testimony which the trial judge now thinks was of doubtful character. The judge and jury recommend clemency. Parole granted April 1, 1909.
RrcH FARGASON.-Voluntary manslaughter. September term, 1906, of the Superior Court of Morgan

148

JouRNAL OF THE HousE.

county. Six years. He has served the minimum sentence with good conduct, and his release is recommended by the solicitor-gei).eral and citizens. Parole granted April 1, 1909.

ARTHUR RICHARDSON.-Burglary. January teriD:, 1907, Superior Court of Hall county. Seven years. The jury recommended that he be punished as for a misdemeanor. It has been shown that he was a victim of the morphine habit and was no't a professional burglar. Parole granted April 1, 1909.
BuLLY ARTEMus.-Murder. January term, 1887, Superior Court of Fulton county. Life imprisonment. He has served twenty-two years .with good conduct. There are facts and circumstances which raise considerable doubt as to his guilt. Parole granted April 1, 1909.
SILLY SToKEs.-Burglary. Spring term, 1901, of the Superior Court of Dougherty county. Eighteen years. He has been a trusty for eight years. Itis previous character was good. The goods stolen were of small value. Parole granted April 6, 1909.
AsHLEY McDuFFIE.-Voluntary manslaughter. September term, 1904, of the Superior Court of Wilcox county. Ten years in the penitentiary. He has served more than the minimum sentence and imme-

WEDNESDAY, JuNE 23, 1909.

149

diate employment has been provided for him. Previous to conviction his character was good. Parole granted April 12th, 1909.
ToE HoLT.-Burglary. August term, 1905, of the Superior Court of Polk county. SiX. years in the penitentiary. He has served more than the minimum sentence with good conduct and clemency is recommended by Judge Moses Wright and Judge Bartlett. Parole granted April 13th, 1909.
WILL TINSLEY.-Assault to murder. August term, 1908, of the Superior Court of Terrell county. Three years in the penitentiary. Tinsley is a young white man who has made a model prisoner. He has served more than the minimum sentence and his parole is requested by county officers and many citizens. Parole granted April 13, 1909.
FLoYD PAYNE.-Robbery. August term, 1903, of the Superior Court of Jackson county. Twenty years in the penitentiary. He was only twenty years old when the crime was committed and he was drunk at the time. Previous to this act he was a sober hard working boy. Judge Russell and Solicitor Tribble recommend clemency. Parole granted April 13, 1909.
A. L. JI,RIERSON.-Voluntary manslaughter. May term, 1905, of the Superior C'ourt of Lowndes c~mnty.

150

JouRNAL OF THE HousE.

Ten years. He has served more than the minimum sentence with good conduct. Previous to conviction his character was good. Parole granted April 13, 1909.
GEORGE GARDNER.-Assault to m:iirder. Fall term, 1906, of the Superior Court of Cobb county. Ten years in the penitentiary. Clemency is recommended by the trial judge and solicitor. He has served more than the minimum sentence with good conduct. Parole granted April 13, 1909.
HoMER N:ELSON.~As~ault to murder. January term; 1908, of the Superior Court of Fulton county. Four years in the penitential'y. He has served the minimum sentence with good conduct. The county physician certifies that he has been sick for three months. Clemency is re<lommended by the trial judge and solicitor. Parole granted April13, 1909.
PETER CLARK._:.Voluntary manslaughter.. November term, 1906, of the Superior. Court of Randolph county. Ten years in the penitentiary. He has served more than the minimum sentence with good conduct and clemency is recommended by the trial judge and solicitor,. the trial jury and other citi-zens. Parole granted April 13th.
W, EuGENE RuMNEY.-Bigamy. Spring term, 1907, of the Superior Court of Bibb county. Four

WEDNESDAY, JUNE 23, 1909.

151

years in the penitentiary. He has served more than half his sentence with good conduct and has .an old mother and two children who need his assistance. Many citizens recommend clemency. Parole granted April 13, 1909.
HARoLD CoLLINs.-Robbery. Spring term, 1906, of the Superior Court of Fulton county. Ten years in the penitentiary. He has developed tuberculosis. The prosecutor recommends clemency. He has served more than the minimum sentence with goodc~nduct. Parole granted April13, 1909.
ANDY HoLLINGSWORTH.-Murder. Fall term, 1885, of the Superior Court of Liberty county. Life imprisonmeilt. He has been in the penitentiary more than twenty-three years. His conduct has been exemplary. He is now quite old and afflicted with an incurable disease. Parole granted April 14, 1909.
THOMAS KEMP.-Murder. January term, 1899, of the Superior Court of Marion county. Life imprisonment. He has served ten years with good conduct. Clemency is recommended by the trial jury and the county officers. Parole grant~d April 14, 1909.
ALLEN SIKEs.-Murder. April term, 1889, of the . Superior Court of Telfair county. Life imprison-
ment. He has served twenty years with good con-

152

JouRNAL oF THE HousE.

duct, and clemency is recommended by the trial judge, .the solicitor general, several members of the trii:J.l jury and many citizens. Parole granted April 15, 1909.
P~UL LAwsoN.-Murder. Spring term, 1881, of the Superior Court of Burke county. Life imprisonment. This man has served in the penitentiary twenty-eight years during all of which time his conduct has been exemplary. Parole granted April 14, 1909.
DAVID JEFFERSON.-Voluntary manslaughter. March term, 1902, of the Superior Court of Greene county. Ten years in the penitentiary. He was only eleven years of age when the crime was committed and he has served over seven years with good conduct. Parole granted May 13, 1909.
RESPITES.
JoHN liARPER.-Murder. August term, 1907, of the Superior Court of Murray county. Sentenced to be hanged. Respite granted until August 21, 1908, in order to allow the defendant to present a motion for a new trial at the next term of the Superior Court of Murray county.
NEIL RYALs.-Felony. March term, 1908, of the Superior Court of Appling county. Respite granted

WEDNESDAY, JUNE 23, 1909.

153

until August 14, 1908, in order to giv~ the Prison Commission sufficient time to pass upon the -application for commutation of sentence.
Lucms TRUITT.-Murder. Superior Court of Troup county. Sentenced to be hanged. Respite granted until January 2, 1909, in order to give the defendant sufficient time to make his final preparations for the execution.
JAcK CAIN.-January term, 1909, of the Superior Court of Spalding colinty. Sentenced to death. Respite granted until February 26, 1909, in order that a petition for commutation of sentence may be considered and passed upon by the Prison Commission.

SIMON JEFFERSON.-Murder. March term, 1908, of the Superior Court of Wilcox county. Sentenced
to death. Respite granted until November 6, 1908,
in order to give the Governor sufficient time to pass upon an app1ication for commutation of sentence.
GoRDON BAILEY.-Sel1ing whiskey. City Court of Macon. January term, 1909. Fine of $750.00 or twelve months. Respit~ granted until March 1, 1909, in order to give the Governor and the Prison Commission sufficient time to pass upon an application for commutation of sentence.

154

JouRNAL OF THE HousE.

The foll~wing Senate resolutions were read and concurred in, to-wit:

By Mr. Callaway, of 29th district-

A resolution to provide for the inauguration of the Governor.

By Mr. Gordon, of 24th district-

A resolution providing for a joint session tomorrow, June 24th, to canvass and consolidate the election returns of Governor and other State House officers.

On motion of Mr. Hall, of Bibb, the House proceeded to elect a Doorkeeper.

Mr. Ellis, of Bibb, placed in nomination Mr. J. H. Williford, of Fayette county.

Mr. Parker, of Talbot, placed in nomination Mr. W. T. Morris, of the county of Talbot.
Mr. Mcintyre placed in nomination Mr. W. E. Prescott, of the county of Echols.

Mr. Middlebrooks placed in nomination"Mr. J. T. Morgan, of Newton county.

WEDNESDAY, JUNE 23, 1909.

155

Mr. Tuggle placed in nomi11ation M'r. J.D. Austin, of Troup county.

Mr. Brown, of Fulton, placed in nomination Mr. D. A. Murray, of Fulton.

All these nominations were seconded.

There being no other nominations, a ballot viva voce was had and the vote for Doorkeeper was as . follows:

Those voting for Mr. Williford were:

Adams Boyd Buxton Calbeck Couch Davis Ellis
Total 21.

English Faircloth Griffin of Twiggs Huie Jones of Laurens Jones of Meriwether Kirby

Marshall Moore Persons Reaves Redding Simpson &trong

Those voting for Mr. Morgan were:

Cowan
Total 3.

Littleton

Middlebrooks

156

JouRNAL OF THE HousE.

Those voting for Mr. Morris were:

Alexander of DeKalb Hatfield

Oliver

Allen

Heard

Parker of DecatuP

Anderson of Chatham Henderson of Irwin Parker of Talbot

Armistead

Henderson of Turner Peacock

Atherton

Holder of Floyd

Price

Ault

Holtzclaw

Proctor

Bagley

Hubbard

Reid of Macon

Beacham

Hullender

Reid of Putnam

Beasley

Johnson of Bartow Rogers

Berry

Keith

Eiheppard

Brinson of Decatur Kelley

Shirley

Brown of Henry

Kendrick

Simmons

Brown of Murray Kennedy

Slade

Burch

Kicklighter

Smith of Gilmer

Chandler

Lord

Smith of Tattnall

Childs

Meadows of Telfair Tracoy-

Cureton

Meadows of Toombs Turner

Ellison

Miller of Calhoun Tu!nipseed

Evans

MacFarland

Vinson

Field of DeKalb

McConnell

Waddell

Gillis

McCrory

Walters

Griffin of Sumter McCurry

Wohlwender

Guyton

McMichael of Butts Wright of Floyd

Hall

McMichael of Marion Wright of Stewart

Hardeman of Jeft's'n McWhorter

Total 74.

Those voting for Mr. Murray were:

Bell Booker Brown of Carroll Brown of Fulton Butt Carswell Carter

Cooke Cordell Daniel Elder Fields of Crisp Fullbright Garlington

Godley Harrington Helms Lewis Moss McElreath McMahan

WEDNESDAY, JUNE 23, 1909.

157

Pierce Porter Reid of Campbell
Total 30.

Stovall Tarver Upshaw

Wasden Watkins Whiteley

Those voting for Mr. Austin were:

Alexander of Fulton Lovejoy

Atkinson

McCutchen

Total 6.

Reese Tuggle

Those voting for Mr. Prescott were:

Alley Barksdale Baker Barrett Cannon Converse Dickson Drawdy Fender
Total 27.

Ford Gastley Hardman of Jackson Hill Howell Johnson of Towns Jones of Mitchell Lawrence Miller of Ware

Milikin Mitchell Macintyre McCarthy
Pau'k Pope Roberts Wood Woodliff

Upon.._ counting the votes it was found that 161 votes had been cast. . No one of the candidates having received the necessary number of votes to elect the Speaker ordered another ballot to be taken.

Mr. Tuggle withdrew from the race for Doorkeeper the name of Mr. J.D. Austin.

158

JOURNAL OF THE HousE.

Mr. Middlebrooks withdrew the name of Mr. Morgan.

Upon taking the second ballot for Doorkeeper the vote was as follows:

Those voting for Mr. Morris were:

Alexander of DeKalb Faircloth

Anderson of Bulloch Field of DeKalb

Anderson of Chatham Ford

Atkinson

Gillis

Bagley

Griffin of Sumter

Bailey

Graddick

Barrett

Guyton

Beacham

Hall

Beasley

Hardeman of Jeffs 'n

Berry

Hatfield

Brinson of Decatur Heard

Brinson of Emanuel Henderson of Irwin

Brown of Henry

Henderson of Turner

Brown of Murray Hill

Burch

Holder of Floyd

Buxton

Holtzclaw

Calbeck

Hubbard

Carswell

Hullender

Carter

.Tohnson of Bartow

Chandler

Joiner

Childs

Jones of Laurens

Cordell

Jones of Meriwether

9ouch

Jones of Mitchell

Culberson

Keith

Cureton

Kelley

Dickson

Kendrick

Edwards

Kennedy

Ellison

Kicklighter

English

Kirby

Evans

Lord

Lovejoy Meadows of Telfair Meadows of Toombs Miller of Calhoun Miller of Ware Milikin Mitchell MacFarland McConnell McCrory McCurry McCutcl.en McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Peacock Persons Price Proctor Reid of Campbell Reid of Macon Reid of Putnam Rogers Rosser Sheppard Shirley Simmons

WEDNESDAY, JuN:m 23, 1909.

159

Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall , Strong Tracey
Total 112.

Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters Wasden

Watkins White of Screven Wohlwender Woodliff Wright of Floyd Wright of Stewart

Those voting for Mr. Murray were:

Alexander of Fulton Allen Armistead Atherton Ault Bell Booker Brown of Carroll Butt Cooke

Cowan Daniel Elder Fields of Crisp Fullbright Garlington Godley Helms Huie Lawrence

Total 30.

Le~is Littleton Moss MacFarland McElreath Pierce Porter Tarver Tippins Whiteley

Those voting for Mr. Prescott were:

Alley Barksdale Baker Cannon Converse Drawdy
Total18.

Fender

, Macintyre

Gastley

Paulk

Hardeman of J e:fl's 'n Pope

Hendricks

Roberts

Johnson of Towns Williams

Kidd

Wood

160

JouRNAL OF THE HousE.

Those voting for Mr. Williford were:

Adams Davis Ellis
Total 9.

Griffin of Twiggs Marshall Middlebrooks

Miller of Ware Minter Redding

Upon counting the votes cast on the second ballot for Doorkeeper of the Rouse it was found that Mr. Murray had received 30 votes; Mr. Morris, 112 votes; Mr. Prescott, 18 votes; Mr. Williford, 9 votes:
Mr. Morris having received 112 votes he was declared duly elected Doorkeeper of the House.
The following resolutions were read and adopted, to-wit:
By Mr. Butt, of Fannin-
A resolution allowing Hon. Joe H. Hall to select his seat without retiring.
By Mr. Butt, of Fannin-
A resolution /allowing ex-Confederate veterans to select seats without retiring.

WEDNESDAY, JuNE 23, 1909.

161

By Mr. T'uggle, of Troup-
A resolution providing for a Committee of five to select a Chaplain.

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

By Mr. Wright, of Floyd-
A resolution to create a new standing Committee to be known as ''Committee on Insurance.''
Mr. Hall, of Bibb, moved that the members retire from the hall for the purpoes of drawing for seats, which motion .prevailed.

The Speaker appointed the following Committee to select a Chaplain:
Messrs. TuGGI,E, of Troup, SLADE, of Muscogee, CHANDLER, PERSONS, WooDLIFF.

Mr. Tuggle, Chairman of the above. Committee reported that the Committee had conferred and recom-

6-hj I

162

JouRNAL OF THE HousE.

mended for Chaplain, Rev. M. H. Eakes, of Walton county. The report of the Coml!littee was concurred in.

The. Speaker appointed the following Committee on Inauguration:

Messrs. HALL, of Bibb,

ANDERSON, of Chatham,

GARLINGTON,

.'

DANIEL,

McCuTCHEON.

On motion of Mr. Vinson, the House adjourned until 10 o'clock tomorrow morning.

THURSDAY, JUNE 24, 1909.

163

ATLANTA, GE?RGIA,
Thursday, June 24, 1909.

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

Brown of Henry

Alexander of DeKalb Brown of Murray

Alexander of Fulton Bi!-rch

Allen

Butt

Alley

Buxton

Anderson of Bulloch Calbeck

Anderson of Chatham Cannon

Armistead

Carswell

Atherton

Carter

Atkinson

Chandler

Ault

Childs

Barksdale

Converse

Bagley

Cooke

Bailey

Cordell

Baker

Couch

Barrett

Cowan

Beacham

Culberson

Beasley,

Cureton

Bell

Daniel

Berry

Davis

Booker

Dickson

Boyd

Drawdy

Brinson of Decatur Edmondson

Brinson of Emanuel Edwards

Brown of Carroll Elder

Brown of Fulton

Ellis

Ellison English Evans Faircloth Fender Field of DeKalb Pields of Crisp Ford Pull bright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J etl's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin

164

JouRNAL OF THE HousE.

Henderson of Turner Mitchell

Rosser

Hendricks

Moore

!;beppard

Hill

Moss

Shirley

Holder of Floyd

MacFarland

Simmons

Holtzclaw

Macintyre

Simpson

Howell

McArthur

Slade

Hubbard

McCarthy

Smith of Gilmer

Hullender

McConnell

Smith of Tattnall

Huie

McCrory _

Smith of Walton

Johnson of Bartow McCurry

Stovall

Johnson of Jeff Davis McCutchen

Strong

Johnson of Towns McElreath

Stubbs

Joiner

McMahan

Tarver

Jones of Laurens McMichael of Butts Tippins

Jones of Meriwether McMichael of Marion Tracey

Jones of Mitchell McWhorter

Tuggle

~eith

Oliver

Turner

Kelley

Parker of Decatur Turnipseed

Kendrick

Parker of Talbot

Upshaw

Kennedy

Paulk

Vinson

Kicklighter

Peacock

Waddell

Kidd

Persons

W.alters

Kirby

Pierce

Wasden

Lawrence

Pope

Watkins

Lewis

Porter

White of Screven

Littleton

Price

Whiteley

Lord

Proctor

Wight of Grady

Lovejoy

Reaves

Williams

Marshall

Redding

Wohlwender

Meadows of Telfair Reese

Wood

Meadows of Toombs Reid of Campbell

Woodliff

Middlebrooks

Reid of Macon

Wright of Floyd

Miller of Calhoun Reid of Putnam

Wright of Stewart

Miller of Ware

Rentz

Mr. Speaker

Milikin

Roberts

Minter

Rogers

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

The following members-elect c~me forward and

THURSDAY, JUNE 24, 1909.

165

were sworn in as members of the House, the oath of office being administered by the Hon. Wm. H. Fish, Chief Justice of the Supreme Court of Georgia ; Hon. W. T. Rogers, of Randolph; Hon. G. J. Keith, of Meriwether; Hon. F. W. Griffin, of Sumter.
The following resolution was read, to-wit:

By Mr. Hall, of Bibb-
Resolved by the House, That the Speaker of the R'ouse shall appoint a Committee of five members of . the House who shan take into consideration and report the right of the county of Ben Hill to a Representative in the House of Representatives.
Mr. Middlebrooks proposed as a substitute for the above resolution the following, to-wit:
Resolved, That Ben Hill county is entitled to a member of the House and that the present representative is duly elected and qualified.
. Mr. Hall made the point of order that the sub-
stitute was not germain and, therefore, out of order.
-
Mr. Persons, of Monroe, called for the previous question, which call was sustained and the main question ordered.
The Speaker ruled the point of order made by Mr. Hall not well taken.

166

J-ouRNA!l OF THE Hob.sE.

The substitut~ proposed by Mr..Middlehrooks was-

put to a vote and lost.

iL

:

1'

On the adoption of the original resolutio:q the aye~

were 134; nays, .5; the resolution was, therefore;

adopted.

. ~<. ;

~:


,!.

By unanimous consent the call of the roll of counties for the introduction of new matter was dispensed. with until tomorrow's session.

The following resolu,tion was read and adopted~

~~:

.,

:~-
By Mr. Anderson, of Ch~tham-

Ifesolved, That, until further ordered the sessi9ns

a. of

'the

House

shall

be

fr.o. m

10

o' ~

c

l

o.

c

k

m. to 1

o'clock p. m.

The following resolution was read and referred k

the Committee on Rules, to-wit:

(

By Messrs. Hardman and Holder, of Jackson-.

A resolution providing for a Committee on Refor.:

matories to which matters touching subjects of this



,J

character shall be referred.

The hour of 11 o'clock a. m. having arrived, the, Senate appeared upon the floor of the House, and the joint session: convened for the purpose of count. ing, consolidating and declaring the vote for the

THURSDAY, JUNE 24, 1909.

167

el~tion -of. Governor and State House officers, was called to order by Hon. J no. M. Slaton, President of the Senate.
The resolution providing for the joint session was read by the Secretary of the Senate.
The President appointed as the tellers to count, consolidate and declare the vote for Governor and State House offjcers :
Senator E. S. GRIFFITH, Representatives W. M. fARKER and
H. J. FuLLBRIGHT,

The tellers appointed to count, consolidate a:t;td declare the vote for Governor and State House offi. :C~.fS,: su~mitted the fol~owing report:
Mr. President:
1;Ve, the tellers appointed to count the. votes. and declare the result of the gubernatorial election, respectfully report that the vote for Governor was as follows, to-wit:
For Governor, Joseph M. Brown, of Cobb, 130,895 votes. Yancey Carter, of Hart, 12,110 votes,
and we declare Joseph M. Brown duly elected Gov-
'

168

JoURNAL OF 'rHE HousE.

ernor of Georgia for the ensuing two yeara, by a
majority of 118,785 votes.
Also the following State House officers were elected without opposition.
For Secretary of State, Philip Cook received 125,722 votes.

For Comptroller-General, Wm. A. Wright received 125,028 votes.
For Treusurer, Robt. E. Park received 125,647 votes.
For Attorney-General, John C. Hart received 1~5,122 votes.

For Commissioner of Agriculture, T. G. Hudson. received 125,428 votes.

For State School Commissioner, J. M. Pound received 125,486 votes..

For Prison Commissioner, Wiley Williams received 123,448 votes.
For Railroad Commissioner, Fuller E. Callaway received 112,814 votes.
For Railroad Commissioner, George ~llyer received 112,858 votes.

T:auBSDAY, JuNE 24, 1909.

169

For Railroad Commissioner, H. Warner Hill received 112,941 votes.
For Pension Commissioner, J. W. Lindsay received 60,276 votes.
The same being a majority of all the votes cast. Respectfully submitted,
s. E. GRIFFITH,
w. M. PARKER,
H. J. FuLLBRIGHT.

On motion of Mr. Reid, of Campbell, the joint session 'Yas dissolved and the Senate retiring, the House was again called to order by the Speaker.
Mr. Hall, Chairman of the Committee on Inaugu. ration, submitted the following report, and it was read and adopted:

Mr. Speaker:
Your Committee appointed under joint resolution to act in concert with a like Committee from the Sen6te to arrange for the inaugural ceremonies of the Governor-elect on Saturday, June 26th inst., beg leave to report and recommend the adoption of the following resolutions:
1st. That a joint session of the General Assembly

170

.TouRNAL OF THE HoUSE.

shall be held in the hall of :the House of Representatives at 11 :50 a. m., on Saturday,-J'Une 26th. inst., for the purpose of inaugurating the Governor at 12 o 'dock noon as provided by law.
.. i
2d. That the Ihaugu:ration Committees of the Senate and House together with the 'various officials and persons to take part in the procession shall assemble in the Executive Reception Room in the Capitol at 11:45 a. m. to escort the Governor-elect into the Hall of the House of Representatives.
3d. That the order of procession shall be as follows:
(a) The Inauguration Cominittee of. the Senate and House escorting the Governor and the Governorelect.
(b) Ex-Governors ~f the State.
(c) The family and party of the Governor-elect.
(d) The Justices of the Supreme Court and the judges of the Court of Appeals.
(e) .<The Judges of the Federal and State Courts.
(f) The State offi~i.l;}}s...

4th. That the order of proceedings by the joint ses:s.io.n of the General Assembly shall be as follows:

, '.l1IroRSDAY, JUNE 24, 1909.

,;!7l

.(a) Invoaationby: the Rev. Dr. John E. White.

j,

<

N

'

J ;..,.

(b) Presentation of the Governor-elect to the

I

'

. L

General Assembly by the President of the Senate.

(c) Inaugurai-a:dd.ress by the Governor.

(d) Administration of the oath of office to the Governor by the Chief Justice of the Supreme Cour~.

: (~) Uelivery of the Gr~at ':seal ~f the Stat~ to

,,: .'

I



the Governor by the retiring Governor.

':.' 5tli.~ ' That

the

reces~ional

shari be

in

'the
.

.sam. e

order as the original procession and shall escort the

. Governo. r and his wife to the Executive office in the State Capitol..

6th. Adjournment of joint session of the General Assembly.
Respectfully submitted,
J. H. HALL, Chairman.

The Speaker appointed the following Committee

172

JOURNAL OF THE HOUSE.

to investigate the right of Ben Hill county to representation in the General Assembly, to-wit:
Messrs. liALL, REID, of Campbell,
HARDEMAN,
TuGGLE,
. MEADOWS.

Leave of absence was granted Mr. Reid, of Macon, and Mr. Paulk, of Berrien.
On motion of Mr. Butt, the Speaker announced the House adjourned until 10 o'clock tomorrow -morning.

FRIDAY, JUNE 25, 1909.

173

ATLANTA, GEORGIA,
Friday, June 25, 1909.

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

Brown of Fulton

Alexander of DeKalb Brown of Henry

Alexander of Fulton Brown of Murray

Allen

Burch

Alley

Butt

Anderson of Bulloch Buxton

Anderson of Chatham Calbeck

Armistead

Cannon

Atherton

Carswell

Atkinsen

Carter

Ault

Chandler

Barksdale

Childs

Bagley

Converse

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Beacham

Cowan

Beasley

Culberson

Bell

Cureton

Berry

Dan~el

Booker

Davis

Boyd

Dickson

Brinson of Decatur Drawdy

Brinson of Emanuel Edmondson

Brown of Carroll Edwards

Elder Ellis Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeft's'n Hardman of Jackson Harrington . Harvey Hatfield

174

JOURNAL OF THE HousE.,

Heard

Milikin

Helms

Minter

Henderson of Irwin Mitchell

Henderson ~f Turner Moore

Hendricks

Moss

Hill

MacFarland

Holder of Floyd

Macintyre

Holtzclaw

McArthur

Howell

McCarthy

Hubbard

McConnell

Hullender

McCrory

Huie

McCurry

Johnson of Bartow McCutchen

Johnson of Jeff Davis McElreath

Johnson of Towns McMahan

Joiner

McMichael of Butts

Jones of Laurens McMichael of Marion

Jones of Meriwether McWhorter

Jones of Mitchell Oliver

Keith

Parker uf Decatur

Kelley

Parker of Talbot

Kendrick

Paulk

Kennedy

Peacock

Kicklighter

Persons

Kidd

Pierce

Kirby

Pope

Lawrence

Porter

Lewis

Price

Littleton

Proctor

Lord

Reaves

Lovejoy

Redding

Marshall

Reese

Meadows of Telfair Reid of Campbell

Meadows of Toombs Reid of Macon

Middlebrooks

Reid of Putnam

Miller of Calhoun Rentz

Miller of Ware

Roberts

Rogers Rosser bbeppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson
W~tddell
Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

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

FRIDAY, JuNE 25, 1909.

175-

By direction of the Speaker the Governor's Message received on the first day of the session was taken up and read.

The following message was received from the Senate through Mr. Northen, the Secretary thereof: Mr. Speaker:
The Senate has adopted the report of the joint Committee on inauguration of the Governor, which provides for a joint session of the Senate and House of Repres~ntatives Saturday, June 26, 1909, at 11:50 o'clock A. M.

ATLANTA, GA., JUNE 25th, 1909,

The following message was received from his Ex-

cellency the Governor through his. Secretary, Mr.

''

Carter:

Mt". Speaker:
I am directed by his Excellency the Governor to deliver to the House of Representatives a communication in writing.

176

JouRNAL oF THE HousE.

MESSAGE

STATE OF GEORGIA,
ExECUTIVE DEPARTMENT.
ATLANTA, June 25th, 1909.
To the General Assembly:
On the 24th day of June, 1909, I suspended Mr. S. G. McLendon from the office of Railroad Commissio.ner. In pursua:ttce of the requirements of law I have the honor to report to you the fact of such suspension and. the reasons therefor.
The Act of 1878 and 1879, as contained in Code Section 2185, provides that ''any Commissioner may be suspended from office by order of the Governor, who shall report the fact of such suspension, and the reasons therefor, to the next General Assembly, and if a majority of each branch of the General Assembly declare that said Commissioner shall be removed from office, his term or office shall expire.''
Further on in the Section it is provided that "in case any Commissioner becomes disqualified in any way he shall at once remove the disqualification or resign, or, on failure to do so, h~ must be suspended from the office by the Governor."

FRIDAY, JuNE 25, 1909.

177

The last provision for the suspension of a Commissioner by the Governor is mandatory. Under its terms the Governor must remove the Commissioner for causes specified.
The first provision is discretionary and under its terms the Governor may remove for causes whicli he deems sufficient.
I regard the effect of the first provision to be similar to the right of recall.
The limitation which is placed upon the action of the Governor is that the Legislature must subsequently pass upon the question. The Legislature may remove the Commissioner ~r restore him.
Mr. McLendon was nominated for Railroad Commissioner in September, 1906, at the Convention held in the city of Macon. The delegates to this Convention were selected after a campaign extending all over the State for months, in which the duties of a Railroad Commissioner and railroad supervision and regulation by the Railroad Commission were fully discussed.
There are two de:ij_nite schools of thought upon this subject, and the attitude of the Macon Convention was unmistakable.
Prior to the selection of delegates to the Macon Convention, and during the campaign refer;red to,
. Mr. McLendon published a number of able articles

178

JouRNAL OF THE HousE.

advocating the policies represented by the delegates to the Macon Convention. That Convention declared its policies upon the subject of railroad regulation and supervision in a definite platform.
Although Mr. McLendon had for years been in the employ of railroad companies his business connection with them had ceased prior to the publication of the letters referred to, and his a:ttitude as presented in those letters was largely responsible for his nomination by the Macon Convention and for his subsequent election.
He accepted the nomination on the platform adopted at Macon, and his prior conduct justified those who gave him the nomination, and those who / elected him, in believing that he was in perfect sympathy with the principles laid down in the platform of the Convention.
Later on I suspended Mr. Joseph M. Brown as Commissioner. I appointed Mr. McLendon to take his place, convinced by his utterances and, conduct . that he would be loyal to the principles enuD:ciated in the Macon platform.
For the past few months his official conduct, and his public utterances ,have indicated that he, had abandoned the principles to which he was committed and upon professions of which he obtained the position of Railroad Commissioner.

FRIDAY, JuNE 25, 1909.

179

I will call attention to a few instances of conduct on his part to illustrate what I mean.
When the railroads from the West put up the rates into Georgia last fall he opposed any resistance before the Interstate Commerce Commission of the increase of rates, and after the Georgia Railroad Commission determined to :fight the increased rates, although Chairman of the Commission, he gave no assistance to the attorneys for the State in the litigation. On the contrary, his conduct indicated sympathy with the railroad side of the question.
Although one of the rules of the Commission ex~luded the use of free passes, M~. McLendon used free transportation to go over the Atlanta and West Point Rail.road, using the private car of the President of the road for the purpose. This conduct. violated the rules of the Commission and the principles laid down in the Macon platform, yet he only gave up his purpose tq co~1tinue this practice on account of a letter fro:n;t me notifying him that I would ''insist'' that it. should not be followed by Railroad Commissioners while I was Governor.
His conduct has indicated clearly a desire to increase the passenger rates on the Georgia Railroad, although such an increase is unnecessary for the purpose of giving reasonable compensation and profits to this company, and would be unjust to the traveling public.

180

JouRNAL oF THE HousE.

He has resisted the lowering of freight rates to and from the ports of Georgia to interior points, although such reductions would be reasonable and compensatory to the railroad companies, and of great benefit to the people of the State.
He was himself committed to this policy when he secured the office, and he morally bound himself to stand by this policy while in office when he accepted the nomination upon the platform which approved it.
He has sought to anticipate decision of the Railroad Commission by getting into the press arguments against reduction of rates.
Indeed, since the summer of 1908, he has shown by his conduct from time to time a complete abandonment of the principles and professions which secured to him his nomination, election and appointment, and has put himself in line with the most extreme opposing school of thought.
In my opinion, all these acts by Mr. McLendon are hostile to the best interests of the people of Georgia and together amount to an abandonment by him of the obligations which he assumed by his professions and the platform which gave him his nomination, election and appointment.
He unites abandonment of eJection obligations,, with poiicies hostile to the interests of the people of the State.

FRIDAY, JUNE 25, 1909.

181

With these two conditions combined I felt called upon. to exercise my discretionary power, and suspend him from the posit~on of Commissioner, submitting to you the question to determine whether, in view of these facts, you will remove him from office or restore him to office.
As my term of office ends tomorrow .I shall make no appointment to fill the position from which I have suspended Mr. McLendon.
!IoKE SMITH, Governor.

The roll of counties was called and the following bills were introduced, read the first time and appropriately referred, to-wit:
By MessrF~. Tippins, of Appling, and Macintyre, of Thomas-
A bill to permit special presentments and indictment of grand juries to be amended in cases of reform.
Referred to the Committee on General Judiciary.
By Messrs. Tippins, Kidd and Macintyre-
A bill to amend the Constitution of this State so as to limit appeals.

182

JouRNAL OF THE HousE.

Referred to Committee on Constitutional Amendments.

By Messrs. Tippins, Kidd and Macintyre-
A bill to prevent exorbitant attorney's fees.
Referred to Committee on General Agriculture.
By Messrs. Tippins, Boyd, Macintyre . and McMichael-
A bill to regulate the running of automobiles, &c., on the highways of this State.
Referred to Committee on Roads and Bridges.
By. Messrs. Tippins, Butt and Macintyre-
A bill to amend the Constitution of th'f;3 State so as to provide for bi-ennial sessions of the Legislature.
Referred to CO'mniittee on Constitritiortal''Am:eridments.
By. Messrs: Tippins and Macintyre-
- A bill to amend an Act to provide for the -creafiJn
of local tax district schools.
Referred to Committee on Education, ,,;:.

FRIDAY, JuNE 25, 1909.

183

By Messrs. Kidd, of Baker, and Alexander, of DeKalh-
A bill to amend the_ Constitution of Georgia so as to authorize the issuance of bonds for the extension, .etc., of the W. & A. R. R.
Referred to Committee on Constitutional Amendments.

By Mess'rs. Kidd, of Baker, and Faircloth, of Johnson-
A bill to require tax collect~rs to keep a record book for recording all cash collected by them and for other purposes.
Referred .to Committee on General Judiciary.

By Messrs. Kidd and McMichael.:_ A bill to abolish the fee bill of Attorneys-General
and provide how they are to be paid.
Referred to Committee on Special Judiciary.

B~ Messrs. Kidd and McMichael-
A bill to modify and prescribe the duties of Clerks of the Superior Court.
Referred to Committee on Special Judiciary.
'

184

JouRNAL OF THE HousE.

By Messrs. Kidd, of Baker,- and Alexander, of DeKalb--
A bill to provide for surveying a line for the extension of the W. & A. R. R. and to provide for paying expenses of same.
Referred to Committee on W. & A. R. R.

By Messrs. Kidd and McMichael-
A bill to modify and prescribe the duties of Judges of the Superior Courts.
Referred to Committee on Special Judiciary.

By Mr. Kidd, of Baker-
A bill to prescribe the terms and conditions upon which a pistol may be carried.
Referred to Committee on General Judiciary.

By Messrs. Tippins and Macintyre-
A bill to provide for the creation of liens for laundrymen.
Referred to Committee on Labor and Labor Statistics.
I-

FRIDAY, JuNE 25, 1909.

185

By Messrs. Kidd, of Baker, slid Alexander, of DeKalb-
A resolution directing the purchase of lands in Chattanooga for increasing the facilities of the Western and Atlantic R. R. and appropriating money thetefor.
Referred to Committee on W. & A. R. R.

By Messrs. Price and Johnson, of Bartow-
A bill to regulate running of automobiles on highways of this State.
Referred to Committee on Counties and County Matters.

By Mr. Ellis-
A bill to make unlawful the use of automobiles without the consent of the owner thereof.
Referred to Committee on General Judiciary.
By Messrs. Johnson, of Bar'tow, and Alexander, of DeKalb-
A bill to amend Article 7, Section 2, Paragraph 2, of the Constitution of Georgia.

186

JOURNAL OF. THE HousE.

Referred to Committee on Constitutional .Amendments.

By Mr. Johnson, of Bartow-
A resolution providing for the appointment of
a Committee of three from the House and two from the Senate whof':e duty it s~all be to re-arrange the Judicial Circuits of this State so as to equalize the work and expense of the Judges of the Supreme Court.
Referred to Committee on General' Judiciary.
By Mr. Johnson, of Bartow-
A bill to amend an Act to provide for the protection of game and :fish.
\
Referred to Committee on General Agriculture.

By Mr. Johnson, of Bartow-
A bill directing the insurance commiSSIOners to cancel the license of any life or :fire insurance company doing business in this State who removes any suit or action brought against them from the courts of this State to the U. S. court, etc.
Referred to Committee on General ,Judiciary.

FRIDAY, JuNE 25, 1909.

187

By Messrs. Wood, of Banks, and Chandler, of Franklin-
A bill to provide for the collection of a special tax from each firm or person owning or operating a:ri automobile on the public highways of Georgia.
Referred to Committee on Counties and County Matters.

By Mr. VinsonA bill to create the City Court of Milledgeville. Referred to Committee on Special Judiciary.

By Messrs. Vinson, Hardman and Holder-
A resolution requesting the Governor to call a tax conference to revise the tax system of Georgia.
Referred to Committee on Ways and Means.

By Mr. Vinson-
A bill to repeal an Act to create the County Court of Baldwin County.
Referred to Committee on Special Judiciary.

By Mr. VinsonA bill for the relief of J. W. McMillan

188

JouRNAL oF THE HousE.

Referred to Committee on Appropriations.

By Messrs. Vinson, and Anderson, of Bulloch, Persons and Barksdale-
A bill to increase the salaries of the Justices of the Supreme Court.
Referred to Committee on General Judiciary.

By Mr. Ellis, of Bibb-
A bill to amend Section 4550 of the Code of Georgia.
Referred to Committee on General Judiciary.

By Messrs. Vinson, Littleton, Garlington, Pierce and Fields-
A bill to amend Paragraph 1, Seetion 7, Article 7 of the Constitution.
Referred to Committee on Constitutional AmE>ndments.
By Messrs. Vinson and Garlington-
A bill to prohibit the issuing or giving away of trading stamps in connection with the sale of goods.
Referred to Committee on Special Judiciary.

FRIDAY, JUNE 25, 1909.

189

By Mr. Vinson-
A bill to appropriate $35,000 to build a new college building on the campus of the G. N. I. College at Milledgeville.
Referred to Committee on Appropriations.

By Mr. Vinson-
A bill to provide for the establishing of certificates of stock of banks or private corporations in lieu of lost cert~:ficates and for other purposes.
Referred to Committee on Banks and Banking.

By Messrs. Vinson, and Anderson, of Bulloch, Persons and Barksdale-
A bill to :fix the salaries of the Judges of the Court of Appeals.
Referred to Committee on General Judiciary.
-
By Messrs. Griffin, Wood and McCra~y-
A bill to provide for the codification of the laws of Georgia.
Referred to Committee on General Judiciary.

190

JouRNAL oF THE HousE.

By Messrs. Vinson, Hardeman and Holder-
A bill to provide for registration of deaths in this State.
Referred to Committee on Hygiene and Sanitation.

By Mr. Ellis, of BibbA bill to fix the time for filing pleadings and to
authorize verdicts and judgments, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Ellis, of BibbA bill to regulate practice in cases of garnishment. Referred to Com'mittee on G,eneral Judiciary.
By Mr. EllisA bill to amend Section 4556 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. EllisA bill to amend Section 4518 of the Code of 1895. Referred to Committee on General Judiciary.

F,RIDAY, JUNE 25, 1909.

191

By Mr. Ellis-
A bill to amend Section 4580 of the Code of 1895.
Referred to Committee on General Judiciary.
Mr. Hall, of Bibb, moved that the Governor's message just received, be taken up and read, which motion prevailed.
Mr. Anderson, of Chatham, then moved that the House immediately resolve itself into the Committee of the Whole for- the purpose of conisdering the action to be taken in regard to the Governor's Message, which motion prevailed.
The Speaker then resolved the House into the Committee of the Whole and designated as Chairman, Mr. Reid, of Campbell.
After a consideration of the Message the Committee of the Whole arose and through its Chairman reported progress and asked leave to sit again.
Leave of absence was granted Mr. Griffin, of Sumter.
On motion of Mr. Guyton, of Effingham, the House adjourned until 10 o'clock tomorrow morning.

192

JOURNAL OF THE HousE.

ATLANTA, GEORGIA,
SATURDAY, JUNE 26, 1909.

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 call-ed and the following members answered to their names:

Adams

Brown of Fulton

Ale~ander of DeKalb Brown of Henry

Alexander of Fult<>n Brown of Murray

Allen

Burch

Alley

Butt

Anderson of Bulloch Bu:x;ton

Anderson of Chatham Calbeck

Armistead

Cannon

Atherton

Carswell

Atkinson

Carter

Ault

Chandler

Barksdale

Childs

Bagley

Converse

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Beacham

Cowan

"Beasley

Culberson

Bell

Cureton

Berry

Daniel

Booker

Davis

Boyd

Dickson

Brinson of Decatur Drawdy

Brinson of Emanuel Edmondson

Brown of Carroll

Edwards

Elder
Ellis Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n Hardman of Jaekson Harrington Harvey Hatfield

SATURDAY, JuNE 26, 1909.

193

Heard

Milikin

Helms

Minter

Henderson of Irwin Mitchell

Henderson of Turner Moore

Hendricks

Moss

Hill

MacFarland

Holder of Floyd

Macintyre

Holtzclaw

McArthur

Howell

McC11-rthy

Hubbard

McConnell

Hullender

McCrory

Huie

McCurry

Johnson of Bartow McCutchen

Johnson of Jeff Davis McElreath

.Johnson of Towns McMahan

Joiner

McMichael of Butts

Jones of Laurens McMichael of Marion

Jones of Meriwether McWhorter

Jones of Mitchell Oliver

Keith

Parker of Decatur

Kelley

Parker of Talbot

Kendrick

Paulk

Kennedy

Peacock

Kicklighter

Persons

Kidd

Pierce

Kirby

Pope

Lawrence

Porter

Lewis

Price

Littleton

Proctor

Lord

Reaves

Lovejoy

Redding

Marshall

Reese

M~adows of Telfair Reid of Campbell

Meadows of Toombs Reid of Macon

Middlebrooks

Reid of Putnam

Miller of Calhoun Rentz

Miller of Ware

Roberts

Rogers Rosser Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Trorner Turnipseed Upshaw Vinson Waddell Walters wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

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

Mr. Persons, of Monroe, gave notice that at the

.i

194

JouRNAL OF THE HousE.

proper time he would move to reconsider the action of the House in committing the Message of the Governor, relative to the suspension of Ron. S. G. McLendon, from the Railroad Commission, to the Committee of the Whole House.
The Ron. Joseph McCarthy, member-elect from the County of Chatham, came forward and was sworn in as a member of the House of Representatives, the oath of office being administered by the Honorable Wm. H. Fish, Chief Justice of the Supreme Court of Georgia.
The following message was received from the Senate through Mr. Northen, the Secretary thereof~
Mr. ~peaker:
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 five from the Senate and seven from the House of Representatives to investigate and report all evidence or reason for the suspension of Ron. S. G. McLendon, a member of the Railroad Commission. which they deem pertinent to the action required by law to be taken by the Senate and House, in such cases.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

SATURDAY, JuNE 26, 1909.

195

Mr. Speaker:
The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit:
A resolution calling the attention of the President of the United States to the fact that the South is not receiving its share of consular appointments.
The call of the roll of Counties was resumed and the following bills were introduced, read the first time and appropriately referred, to-wit:
By Mr. Ellis, of Bibb-
A bill to amend Section 4514 of the Code of 1895.
Referred to Committee on General Judiciary.
By Mr. Hall, of Bibb-
A bill to create an auditor of State accounts.
Referred to Committee on General .Judiciary.
By Mr. Hall, of Bibb-
A bill to provide for the assessment of property in this State of which the owners are required by law to make returns to the Comptroller-General.
Referred to Committee on General Judiciary.

196

JouRNAL oF THE HousE.

By Mr. Hall, of Bibb-
A bill to create a Board of Osteopathic Examiners for this State.
Referred to Committee on General Judiciary.

By Mr. Ellis, of BibbA bill to amend Section 4467 of the Civil Code. Referred to Committee on General Judiciary.

By Mr. Ellis, of Bibb--
A bill to amend Sections 3304, 3305, 3306 and 3524 of Volume II of the Code of 1895.
Referred to Committee on General Judiciary.

By Mr. Evans, of BibbA bill to amend Section 872 of the Penal Code. Referred to Committee on General Judiciary.
i
By Mr. Hall, of BibbA bill to regulate pleadings in regard to the man-
ner in which negligence may be alleged in cases

SATURDAY, JuNE 26; 1909.

197

wh_ere a presumption arises upon proof of given facts or circumstances.
Referred to Committee on General Judiciary.
By Mr. Hall, ,of Bibb-
A bill to authorize the Governor to codify the laws of Georgia.
Referred to Committee on General Ju?iciary.
By Mr. Evans, of Bibb-
~ bill to authorize the. County Commissioners of Bibb County to pay certain attorney's fees.
Referred to Committee on Counties and County Matters.
By Mr. Hall, of Bibb-
.
A bill to prohibit any railroad, express, telegraph or telephone company exercising any public franchise in this State, extending to any public officer of this State, any privilege, &c., and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Reid, of Campbell-
A bill ~ :fix the salary of the stenographer of the Attorney-General.
Referred to Committee on General Judiciary.

198

JouRNAL OF THE HousE.

By Mr. Reid, of Campbell-
A bill to provide for the regular exchange between Georgia and other States of State documents, and for other purposes.
Referred to Committee on General Judiciary.

By Mr. Reid, of Campbell-
A bill to provide for three Commissioners to codify the laws of Georgia.
Referred to Committee on General Judiciary.

By Messrs. Miller, of Calhoun, and Turnipseed, of Clay-
A bill to require hotel proprietors to furnish mosquito bars.
Referred to Committee on General Judiciary.

By Mr. McMichael, of Butts-
A bill to amend an Act entitled an Act to amend an Act entitled an Act to amend an Act to incorporate the town of Pepperton.
Referred to Committee on Corporations.

SATURDAY, JuNE 26, 1909.

199

By Messrs. McMichael and BoydA bill to reconvey certain grounds to the City of
Griffin.
Referred to Committee on General Judiciary.
By Messrs. White and FullbrightA bill to prohibit any person from carrying a
pistol without :first ha~ng obtained a license. Referred to Committee on Special Judiciary.

By Messrs. White and Fullbright-
A bill to regulate the speed of automobiles run on the public roads of this State.
Referred to Committee on Roads and Bridges.

By Messrs. Anderson and Simmons, of Bulloch-
A bill to amend an Act to create the City Court of Statesboro.
Referred to Committee on Special Judiciary.

By Mr. Brown, of Carroll-
A bill to amend an Act to create the City Court of Carrollton.

I'

200

JouRNAL oF THE HousE.

Referred to Committee on Special Judiciary.
By Messrs. Cureton, Hullender and Tarver.A bill to amend Section 3828 of the Code of 1895. Referred to Committee on General Judiciary.
By Messrs. Cureton, Hullender and TarverA bill to amend Section 2615, Volume II, of the
Code of l895. Referred to Committee on General Judiciary.
By Messrs. Cureton, Hullender and TarverA bill to regulate the issuing of life insurance
policies in this State. Referred to Committee on General Judiciary.
By Mr. Watkins, of Carroll--;A bill to make it unlawful to hunt or fish upon
the lands of another without consent of the owner. Referred to Committee on General Agriculture.
By Mr. Anderson, of ChathamA bill to amend Paragraph 3, Section 4, Article 3,
of the Constitution.

SATURDAY, JUNE 26, 1909.

201

Referred to C0mmittee on Constitu~ional Amendments .
..
By Mr. Anderson, of Chatham-
A resolution providing for a special Tax Commission.
Referred to Committee on Ways and Means.
'
By Messrs. Fullbright, Slade, Ellison, Jones, of Meriwether, Hardman, Redding, White and Persons.
A bill to provide for the protection of game.
Referred to Committee on Game and Fish.

By Mr. Anderson, of Chatham- .
A resolution to amend the inscription to be placed upon the monument to General James Edward Oglethorpe.
Referred to Committee on Special Judiciary.

By Messrs. Slade, Wohlwender and McCarthy-
'
A bill to amend an Act to authorize corporations owning water power in this State to lease, purchase
or condemn rights of way or other easements.

202

JouRNAL oF THE HousE.

Referred to Committee on Labor and Labor Statistics.

By Mr. White, of Screven-
A resolution to declare Marion Dixon a duly elected Representative from the County of Ben Hill.
By M~. Anderson, of Bulloch-
A resolution providing for the consolidation of the Committees on Appropriation and Ways and Means.
Referred to Committee on Rules.
By Messrs. Lawrence, McCarthy and Anderson-
A bill to amend an Act to increase the number of .terms of the Superior Court of Chatham County.
Referred to Committee on General Judiciary.
The following resolution was read and referred to the Committee on Privileges of the Floor.

By Mr. Sheppard, of Sumter-
A resolution extending the privileges of the floor to Hon. Crawford Wheatley.

SATURDAY, JuNE 26, 1909.

203

Mr. Reid, of Campbell, Chairman of the Committee to investigate the. right of Ben Hill county to representation in the Legislature, submitted the following report:

Mr. Speaker:
Your Committee appointed under House Resolution No. 9, to take under consideration and report the rights of the County of Ben Hill to a Repre- sentative in the House of Representatives, reports as follows:
After investigation we :find that said County of Ben Hill is entitled to a Representative in the House of Representatives.
Respectfully submitted,
c. s. REID,
R. N. HARDEMAN,
s. B. MEADOWS. '

Messrs. Hall and Tuggle, of the Committee to investigate the right of Ben Hill County to representation in the General Assembly, submitted the following minority report:
Mr. Speaker:
We, the undersigned members of the Committee appointed under the resolution adopted by the House

,

204

JOURNAL OF THE HousE.

to investigate the right of the County of Ben Hill

to be represented in the present House, respe~tfully

sub:rn:it the following minority report:



We are unable to concur in the view of the major-

ity of the Committee. We find that the Legislature

at its session in 1908 submitted to the voters of this

State at the general election held on the first Wed-

nesday in October, providing a proposed amendment

to the Constitution of this State, that increased the

number of Representlltives from one hundred and

eighty-three (183) to one hundred and eighty-four

(184), that by the terms of this amendment it was

not to take effect until after the votes cast on that

day was consolidated and the Governor issued his

proclamation declaring that same had been adopted

as an amendment to the Constitution.

'

We find that on the day that this amendment was voted on there was an election held in the County of Ben Hill for a Representative in thiG House and that th~ present Representative claims his right by virtue of said election. We are compelled to report to the House that in our opinic;m this election was void and conferred no right upon the Representatives of the County of Ben Hill to a seat in the present House for the reason that at the time the election was held no office existed to which a person could be elected.
J. H. HALL,
w. T. TUGGLE.

SATURDAY, JuNE 26, 1909.

205 -

ATLANTA, GEORGIA,
JUNE 26th, 1909.
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.

STAT'E OF GEORGIA,
.EJxECUTIVE DEPARTMENT,
ATLANTA, June 26th, 1909.
To the General .Assembly:
Since the preparation of my annual message executive clemency has been extended by me to the following persons:
REuBIN. McLAuGHLIN. Misdemeanor. Superior Court of Telfair County. Twelve months on the chaingang. His pardon was recommended by the Chairman of the County Commissioners on the

206

Jou~NAL OF THE HousE.

ground that his lower limbs are completely paralyzed and he is in a helpless condition. Pardon granted June 16th, 1909.
HENR' Y McLARIN. Perjury. February term, 1908, of the Superior Court of Campbell County. Four years in the penitentiary. The evidence against hini was of doubtful character. His previous character was good and the trial judge recommends his pardon. He has served eighteen months with good conduct. Sentence commuted to present service June 16th, 1909.
EDWARD MuRPHY. Burglary. December term, 1906, of the Superior Court of Fulton County. Sentenced to the reformatory. This little white boy was convicted when only ten years old. He has served twenty-nine months at the reformatory with good conduct and his father desires his release in order that he may place the boy in a good training school. Pardon granted ,June 16th, 1909.
C. W. HuMPHREYS. Forgery. Fall term, 1906, of the Superior Court of Gwinnett County. Fifteen years in the penitentiary. He plead guilty in two cases and has served nearly three years with good conduct. The presiding judge and a great number of citizens request his pardon. Pardon granted
/
June 17th, 1909.
JIM RICHARDSON. Murder. Spring term, 1891, of the Superior ourt of Fulton County. Life imprison-

SATURDAY, JuNE 26, 1909.

207

ment. He has served eighteen years with good conduct. Newly discovered evidence raises a most serious doubt as to his guilt. Sentence commuted to present service June 17th, 1909.
J. L. STALNAKER. Voluntary Manslaughter. October term, 1897, of the Superior Court of Taylor County. Twenty years. He has served nearly twelve years with good conduct. He is now at the State farm in a bad state of health. Parole granted June 19th; 1909.
JoHN BLASINGAME. Murder. August term, 1903, of the Superior Court of Murray County. Life imprisonment. He was quite young when the crime was committed and his pardon is recommended by the jury which tried the case, the Judge and Solicitor General and many citizens. Pardon granted June 21st, 1909.
Bn.L YouNG. Murder. October term, 1900, of the Superior Court of Henry County. Life imprisonment. The evidence was entirely circumstantial. He was jointly indicted with two others. The Supreme Court reversed the conviction in the others on the ground that the evidence was insufficient. He has served about nine years with excellent conduct and is now about sixty-five years of age and unable to do but little work. Sentence commuted to present service June 21st, 1909.
ANDERSON SEAY. Murder. October term, 1899, of

208

JouRNAL oF THE HousE.

the Superior Court of Stewart County. Life imprisonment. His release is requested by the son of the deceased and the prosecuting attorney. He has. served about ten years with good conduct and is now old and unable to do but little work. Commuted to present service June 2'2nd, 1909.

En PATTON. Murder. August term, 1902, of the Superior Court of Polk County. Life imprisonment. He was twice tried and convicted with recommendation to life imprisonment. The S'!lpre~e Court reversed the :first decision on the ground that the evidence was not sufficient. The second case was not carried to the Supreme Court. The question of the guilt of the defendant was one of identity and affidavits have been :filed which strongly tend to show that he did not do the shooting. His pardon is requested by the trial judge. Pardon granted .June 22nd, 1909.

JOHN FosTER BRooKs. Murder. Superior Court of Hall county, spring term, 1907. Life imprisonment. The wife of the deceased and many prominent citizens request his pardon. The deceased was drinking at the time of the killing and was cursing the defendant's mother. Pardon granted June 21st, 1909.
BARNEY HAYGOOD. Assault and Battery. Spring term, 1909, Superior Court of Walker County. Sentenced to the reformatory. His release is requested

SATURDAY, JuNE 26, 1909.

209

by the judge who sentenced him. Pardon granted June 23rd, 1909.
W. C. FERGUSON. Simple larceny. October term, 1907, of the Superior Court of Fulton County. Four years. The property stolen was recovered by the owner and he requested that Ferguson be pardoned. Commuted to present service June 23rd, 1909.
HERBERT LoNG. Burglary. December term, 1906, of the Superior Court of Fulton County. Sentenced to. the reformatory. He is about seventeen years of age and a good home with honest employment has been promised if he is released. Parole granted June 23rd, 1909.
ARTHUR CARLISLE. Burglary. (Two cases). April term, 1901, of the Superior Court of Fulton County. Five years in each case. The service under both sentences would have been completed on June 26th and the Judge who tried him recommends his re- . lease. Commuted to present service June 23rd, 1909.
JAMES BEER. Larceny. April term, 1909, of the Superior Court of Fulton County. Six months. He was charged with taking a pair of gloves valued at ten or fifteen cents and his pardon is recommended by the Judge and Solicitor. Sentence commuted to present service June 23rd, 1909.
GREEN DownY. Larceny from house. March term, 1909, of the City Court of Wilkes County.

210

JouRNAL OF THE HousE.

Twelve months. The witness against him now states that he swore falsely and his release is requested by the Judge and Solicitor. Sentence commuted to present service June 23rd, 1909.
JoHN GREEN. Murder. November term, 1889, of the Superior Court of Sumter County. Life imp:risonment. He has served about eighteen years and his pardon is recommended by the trial Judge and Solicitor. Sentence commuted to present service June 23rd, 1909.
W. C. FRIPP. Larceny after trust. Spring term, 1904, of the Superior Court of Chatham County. Three years. He served his sentence and he now asks that his citizenship be restored. This is recommended by the Solicitor-General. Citizenship restored June 23rd, 1909.
C. W. BowDEN. Murder. Spring t~rm, 1906, of the Superior Court of Laurens County. The difficulty grew out of language used by the deceased in the presence of defendant's wife. The language was so coarse and vulgar that it will not do to repeat. Pardon granted June 24th, 1909.
EMMETT CLARK. Selling whiskey. City Court of Americus. Six months in jail and a fine of three hundred dollars or eight months. His six months in jail will expire in August. He has no money with which to pay the fine and has a wife and number of

SATURDAY, JUNE 26, 1909.

211

children dependent upon him. Sentence commuted to the six months jail sentence June 24th, 1909.

J. S. YEATES. Murder. May term, 1907, of the Superior Court of Decatur County. Life imprisonment. He killed the town marshal who at the time was seeking to make an illegal arrest. He was first convicted of manslaughter. His health is seriously impaired from tuberculosis. All of the trial jurors request his pardon. Pardon granted June 24th, 1909.

L. P. GENTLE. Robbery. April term, 1907, of the Superior Court of Fulton County. Five years. He was only fifteen Y!3ars of age at the time and was acting under the influence of an older man. He has served two years with good col!duct. Pardon granted June 24th, 1909.

MRs. SALLIE FREENEY. Murder. May term, 1907,

of the Superior Court of Dodge County. Life im-

prisonment. It is represented that the deceased was

drinking at the tim~ and acted in an improper man-

ner towards the defendant. Sentence commuted to

five years in the penitentiary, June 24th, 1909.

'

I

MADISON BELL. Larceny. January term, 1908, of the Superior Court of Cobb County. Sentenced to the reformatory. The cow stolen belonged to his brother. The brother has forgiven him and joins in request for his pardon. Pardon granted June 24th, 1909.

212

JouRNAL OF THE HousE.

JAQKSON WARREN. Larceny. April term, 1909, of the Superior Court of Chatham County. Six months. Complete restoration has been made. His previous character was good and request for his pardon is made by many good citizens. Pardon granted June 24th, 1909.
FRANK TAYLOR. Larceny from the house. January term, 1909, of the City Court of LaGrange. Fine of $50.00 or nine months on the chaingang. He is a young white boy seventeen years of age and has been confined at the State farm :five months. He was charged with taking a watch belonging to his brother-in-law which he pawned for $2.00. The prosecutor and many citiz~ns request his release. Pardon granted June 25th.
ToM DAVIS. Murder. April term, 1905, of the Superior Court of Heard County. Life imprisonment. The evidence was circumstantial and the Judge, eleven of the trial jurors and many citizens now request his pardon. Sentence commuted to present service June 25th, 1909.
L. E. DAvis. Selling whiskey. March term, 1909, of the City Court of Atlanta. A :fine of $75.00. The Judge and Solicitor reque.st that he be released on payment of a :fine of $40.00 on the ground of previous good character. Sentence commuted to a :fine of $4~.00 June 25th, 1909.
JosEPH McKAY. Arson. October term, 1908, of

SATURDAY, JUNE 26, 1909.

213

the Superior Court of Harris County. Four years in the penitentiary. The testimony was entirely circumstantial and failed to connect the defendant with the crime. The trial Judge and eight of the jurors request his pardon. Sentence commuted to present service June 25th, 1909.
FRED HAwKINS. Murder. September term, 1906; Superior Court of Hall County. Life imprisonment. The killing was done at night and the evidence failed to sufficiently identify the defendant as the person who committed the crime. His pardon is requested by 1,600 citizens of the count, by the grand jury, county officers and officers of the City of Gainesville. Sentence commuted to present service June 25th, 1909.
LuMP ETCHERSON. Murder. Superior Court of Walton County, 1898. Life imprisonment. He has served over ten years with good conduct and his pardon is requested by the grand jury, trial jury, county officers, the Judge who presided and marry citizens. Pardon granted June 25th, 1909.
MoRGAN LowMAN. Murder. August term, 1899, of the Superior Court of Dawson County. Life imprisonment. No motion for a new trial was made on account of the fact that the presiding Judge stated he thought the verdict should have been for manslaughter and that at the end of five years he would recommend a pardon. The presiding Judge is now dead. The jury which convicted him and

214

JouRNAL oF THE HousE.

many citizens request his release. Pardon granted June 25th, 1909.
C. N. WHITTEN. Murder. Spring term, 1898, of the Superior Court of Whitfield County. Life imprisonment. The evidence left doubt as to his identity. He has served over eleven years with good conduct. The trial jury, the Judge and Solicitor and many citizens request his pardon. Pardon granted June 25th, 1909.
W. S. MAHAFFEY. Selling whiskey. February term, 1908, of the City Court of Atlanta. Sentenced to twenty-four months in the chaingang. He has served all of one sentence and more than half of the other. The trial Judge recommends his pardon. Pardon granted June 25th, 1909.
S. R. HERRINGTON. Murder. April term, 1906, of the Superior Court of Burke County. Life imprisonment. He is at the State farm in a crippled condition and unable to do any work. He is sixty-one years of age and has but one arm and only two fingers on the other hand. His pardon is requested by the trial Judge and Solicitor. Pardon granted June 25th, 1909.
GEORGE LILLARD. Assault with intent to murder. November term, 1906, of the Superior Court of Sumter County. Ten years. The difficulty grew out of the fact that his wife was living with another man. The person shot was not seriously injured; His

SATURDAY, JUNE 26, 1909.

215

previous character was good and his release is requested by many of the best peopie of Sumter County. Sentence commuted to present service June 26th, 1909.
H. M. WOODARD. Seduction. July term, 1908, of the Superior Court of Laurens County. Five years. His release is requested by the prosecutrix, the grand jury that indicted him, the Solicitor. General and many good citizens. Pardon granted June 26th, 1909.
JoHN NoRRIS. Felony. Spring term, 1909, of the Superior Court of Fulton County. Four years. It is represented that he has an incurable sore leg caused from typ~oid fever and is unable to do hard manual labor. He is about forty years of age. Sentence commuted to one year in the penitentiary June 26th, 1909.
EMANUEL BROWN. Selling whiskey. October term, 1908, of the Superior Court of Taylor County. Six months in jail and twelve months on the chaingang. He has served the jail' sentence and about half the chaingang sentence. His conduct in prison has been good. The county physician says that he has heart
disease and is liable to die at any time. Sentence
commuted to present service June 26th, 1909.
WRIGHT PARKER. Burglary. March term, 1901, of the Superior Court of Telfair County. rwenty years imprisonment. He took nothing from the

216

JouRNAL OF THE HousE.

house that he is charged with entering and there is some question as to his identity.. He has served over eight years and his release is requested by the Solicitor General and the trial Judge. Sentence Commuted to present service June 26th, 1909.
LuTHER M. CALLAHAN. Extortion. Superior Court of Chatham County. Twelve months impris-
!ms onment. He served eight months of the sentence
and has a wife and child who are in great need of his assistance. His release is requested by jurors, county officials and many prominent citizens. Pardon granted June 26th, 1909.
ALBERT SMITH. Arson. Superior Court of Monroe County, August term, 1907. Five years. Thi~ man was convicted of burning the house of another negro and the verdict was largely based on his alleged confession. Since his conviction evidence has been discovered and is on file with his application for pardon tending to establish the fact that he made no confession. Upon the faith of this evidence the officers of the court, the county officers, the Solicitor General who prosecuted him, all of the grand jury and the trial jury and a large number of reputable white citizens signed his application. His good character was thoroughly established. Sentence commuted to present service June 26th, 1909.
R. L. VANDERFORD. Rape. Fall term, 1906, Superior Court of Gwinnett County. Twenty years. A large petition has been filed for the defendant. There

SATURDAY, JuNE 26, 1909.

217

are peculiar facts connected with this case that raise a doubt as to the character of the offense. It is not thought that a pardon should be granted at this time, but that his sentence should be commuted to five years imprisonment. Sentence commuted to five years imprisonment June 26th, 1909.
JIM HowELL. Murder. Superior Court of Montgomery County, April term, 1893. He has served nearly sixteen years with good conduct and is n6~ forty-one years of age. The Judge who presided at the time of trial is dead. The Solicitor General who prosecuted the case recommends his pardon. Sentence commuted to present service June ?6th, 1909.
HoKE SMITH, Q:-overnor.

Mr. Hardman, of Jackson, moved that when the House adjourn it stand adjourned until 12 o'clock M. Monday morning, which motion prevailed.
Mr. Hall, of Bibb, then m.oved that the House reconsider its action in adopting the above motion, which motion prevailed.
The hour of 12 o'clock M. having arrived, the Senate appeared upon the floor of the House apd the joint session convened for the purpose of inaugurating the Governor-elect, was called to order by Hon. Jno. M. Slaton, President of the Senate.

218

JouRNAL OF THE HousE.

Governor Hoke Smith and Governor-elect Joseph M. Brown, together with State House officers and other distinguished gentlemen, appeared upon the floor of the House and the Governor and Governorelect were escorted to the Speaker's stand by the Committee on Inaugural Ceremonies.
The resolution providing for the joint session was read by the Secretary of the Senate.
Prayer was offered by Rev. J no. E. White, D.D., after which the Governor-elect delivered his inaugural address. The oath of office was then administered by the Honorable Wm. H. Fish, Chief Justice of the Supreme Court.
The Honorable Philip Cook, Secretary of State, delivered the Great Seal of the State of Georgia to the retiring Governor and it was by him delivered to the incoming Governor, who then placed the Seal into the hands of the Secretary of State.
The joint session was then dissolved, and the Senate and the inaugural procession retiring, the House was called to order by the Speaker.
Leave of absence w~s granted Mr. Wright, of Stewart; Mr. Rosser and Mr. Armistead.
On motion of Mr. Porter, of Floyd, the House adjourned until 10 o'clock Monday morning.

MoNDAY, JuNE 28, 1909.

219

ATLANTA, GEORGIA,

MoNDAY, JuNE 28th, 1909.

The House met pursuant to adjournment at 10 o'clock A. M. this day, was called or order by the Speaker, and opened with prayer by 'the Chaplain.

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

Adams

Brown of Fulton

Alexander of DeKalb Brown of Henry

Alexander of Fulton Brown of Murray

Allen

Burch

Alley

Butt

Anderson of Bulloch Buxton

Anderson of Chatham Calbeck

Armistead

Cannon

Ather~ on

Carswell

Atkinson

Carter

Ault

Chandler

Barksdale

Childs

Bagley

Converse

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Beacham

Cowan

Beasley

Culberson

Bell

Cureton

Berry

Daniel

Booker

Davis

Boyd

Dickson

Brinson of Decatur Drawdy

Brinson of Emanuel Edmondson

Brown- of Carroll

Edwards

Elder Ellis Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n Hardman of Jackson Harrington Harvey Hatfield

220

JouRNAL OF THE HousE.

Heard Helms Henderson of Irwin Henderson of Turner Hendrieks Hill Holder of Floyd Holtzelaw Howell. Hubbard Hullender Huie Johnson of Bartow Johnson of Towns Joiner .Tones of Laurens .Tones of Meriwether .Tones of Mitehell Keith Kelley Kendriek Kennedy Kieklighter Kidd Kirby Lawrence Lewis Littleton Lord Lovejoy Marshall Meadows of Telfair Me;:tdows of Toombs Middlebrooks Miller of Calhoun Miller of Ware

Milikin

Roberts

Minter

Rogers

Mite hell

Rosser

Moore

Sheppard

Moss

Shirley

MacFarland

Simmons

Maelntyre

Simpson

MeArthur

Slade

McCarthy

Smith of Gilmer

McConnell

Smith of Tattnall

MeCrory

Smith of Walton

MeCurry

Stovall

MeCutchen

Strong

McElreath

Tarver

MeMahan

Tippins

MeMiehael of Butts Tracey

McMiehael of Marion Tuggle

MeWhorter

Turner

Olher

Turnipseed

Parker of Decatur Upshaw

Parker of Talbot

Vinson

Paulk

Waddell

Peaeoek

Walters

Persons

Wasden

Pierce

Watkins

Pope

White' of Screven

Porter

Whiteley

Priee

Wight of Grady

Proctor

Williams

Reaves

W ohlwender

Redding

Wood

Reese

woodliff

Reid of Campbell

Wright of Floyd

Reid of Macon

Wright of Stewart

Reid of .Putnam

Mr. Speaker

Rentz

Those absent were Messrs.:

Johnson of Jeff Davis Stubbs

MoNDAY, JuNE 28, 1909.

221

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

Hon. T. H. Rentz, member-elect from Houston County, came forward and was sworn in as a member of the House of Representatives, the oath of office being administered by the Honorable Wm. H. Fish, Chief Justice of the Supreme Court of Georgia.
The following resolution was taken from the table, where it was ordered to lay for one day, and read, to-wit:

By Mr. White, bf Screven-
A resolution to declare Hon. Marion Dixon a duly elected Representative of the County of Ben Hill in the General Assembly.

Mr. Parker, of Talbot, called the previous question, which call was sustained and the main question ordered.

The majority and minority reports oi tile Special Committee to determine the right of Ben Hill County to representation in the General Assembly was read.

Mr. Moss, of Cobb County, moved that the majority report be adopted and on that motion Mr. Hall, of Bibb, called for the ayes and nays, which call was

222

JouRNAL OF THE HousE.

sustained, and on taking the ballot v1va voce the vote was as follows:

Those voting m the affirmative were Messrs.:

Adams

Daniel ,

Alexander of DeKalb Davis

Alexander of' Fulton Drawdy

Allen

Edwards

Anderson of Chatham Elder

Atherton

Ellison

Atkinson

English

Ault

Faircloth

Barksdale

Fender

Bagley

Field of DeKalb

Bailey

Ford

Baker

Garlington

Beacham

Gast!Ay

Beasley

Gillis

Bell

Godley

Booker

Guyton

Boyd

Hardeman of Jeffs'n

Brinson of Decatur Hardman of Jackson

Brinson of Emanuel Harrington

Brown of Fulton

Harvey

Brown of Henry

Hatfield

Brown of Murray Heard

Burch

Helms

Buxton

Henderson of Irwin

Calbeck

Henderson of Turner

Cannon

Hendricks

Carter

Hill

Chandler

Hubbard

Childs

Hullender

Converse

Huie

Cooke

Johnson of Bartow

Cordell

Johnson of Towns

Couch

Joiner

Cowan

,Tones of Laurens

Culberson

Jones of Meriwether

Cureton

Jones of Mitchell

Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lawrence Lewis Littleton Lord Marshall Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moss MacFarland Macintyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Paulk

MoNDAY, JuNE 28, 1909.

223

Peacoek Persons Pierce Pope Proctor Reaves Redding Reese Reid of Campbell Reid of Putnam Rentz Roberts Sheppard

Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Stovall Strong Tarver Tippins 'l"racey Turnipseed Upshaw

Vinson Waddell Walters wasden Watkins 'Vhite of Screven Whiteley Wight of Grady Williams Wohlwender Woodliff

Those voting m the negative were Messrs.:

Alley Anderson of Bulloch Barrett Brown of Carroll Butt

Ellis Evans Fullbright Hall Keith

Moore Porter Rogers Tuggle Wright of Floyd

Those not voting were Messrs. :

Armistead Berry Carswell Dickson Edmondson Fields of Crisp Graddick Griffin of Sumter

Griffin of Twiggs Reid of Macon

Holder of Floyd

Rosser

Holtzclaw

Smith of Walton

Howell

Stubbs

Johnson of Jeff Davis 'rurner

Lovejoy

Vi'ood

Meadows of Telfair Wright of Stewart

Price

Ayes 145; Nays 15.

The roll call was verified and on counting the votes it was found that on the adoption of the

224

.JouRNAL OF THE HousE.

majority report the ayes were 145, nays 15. The' report was, therefore; adopted and Hon. Marion Dixon was declared a duly elected and qualified member of the House of Representatives from the county of Ben Hill.

The resolutioh by Mr. White, of Screven, declar-
ing Hon. Marion Dixon a duly elected and qualified member of the House from Ben Hill County was adopted.

Mr. Persons moved that the House reconsider' its action in referring the Governor's Message, relative to the suspension of Chairman S. G. McLendon, of the Railroad Commission, to the Committee of the Whole House.
On the motion to reconsider, Mr. Anderson, of Chatham, called for the ayes and nays, which call was sustained and the vote was as follows :

Those voting in the affirmative were Messrs.:

Adams

Booker

Alexander of DeKalb Brinson of Decatur

Allen

Brown of Henry

Alley

Brown of Murray_

Atherton

Calbeck

Atkinson

Chandler

Baker

Cooke

Beasley

Cordell

Bell

Couch'

Cowan Culberson Daniel Dickson Elder Ellison Evans Fender Field of DeKalb

MoNDAY, .TuNE 28, 1909.

225

Ford Garlington Godley Guyton Hall Hardeman of Jeffs 'n Hardman of Jackson Harrington Harvey Hatfield Helms Hendricks Hill Hubbard Hullender Huie Johnson of Bartow Johnson of To~s Joiner Jones of Mitchell Keith Kelley

Kendrick Kirby Littleton Lord Marshall Meadows of Toombs Miller of Calhoun Milikin Moss MacFarland McConnell McCrory McElreath McMahan McMichael of Marion McWhorter Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce

Pope Porter Proctor Reid of Putnam Rogers Sheppard Shirley Slade Smith of G1lmer Stovall Tarver Tracey Tuggle Upshaw Wasden Watkins vv.:.ite of Screven Whiteley Wight of Grady Wright of Floyd

Those voting in the negative were Messrs. :

Alexander of Fulton Cannon

Anderson of Bulloch Carter

Anderson of Chatham Childs

Ault

Converse

Barksdale

Cureton

Bagley

Davis

Bailey

Drawdy

Barrett

Edwards

Beacham

Ellis

Berry

English

. Boyd

Faircloth

Brinson of Emanuel Fullbright

Brown of Carroll Gastley

Brown of Fulton

dillis

Burch

Heard

Butt

Henderson of Irwin

Buxton

Holder of Floyd

Jones of Laurens Jones of Meriwether Kennedy Kicklightel" Kidd Lawrence Lewis Middlebrooks Miller of Ware Minter Mitchell Moore Macintyre McArthur McCarthy McCurry McCutchen

S-h~

226

J ouBNAL oF THE HousE.

:McMichael of Butts Oliver Reaves Redding Reese Reid of Campbell Rentz

Roberts Simmons Simpson Smith of Walton Strong Tippins Turnipseed

Vinson Waddell Walters Williams Wohlwender Wood Woodliff

Those not voting were Messrs. :

Armistead Carswell Edmondson, Fields of Crisp .Graddick Griffin of Sumter Griffin of Twiggs

Henderson of Turner Reid of :Macon

Holtzclaw

"Rosser

Howell

Smith of Tattnall

.Johnson of Jeff Davis Stubbs

Lovejoy

Turner

:Meado.ws of Telfair Wright of Stewart

Price

Ayes 91; Nays 72.

The roll call was verified and it was round that the aye'S were 91, nays 72. The motion to reconsider therefore prevailed.

The hour of adjournment having arrived, the Speaker announced the House adjourned until 10 o'clock tomorrow morning.

TuESDAY, JuNE 29, 1909.

227

ATLANTA, GEORGIA,
TuESDAY, JuNE 29th, 1909.

The House met pursuant to adjournment at 10

o'clock A. M. this day, was called to order by the

.

\

Speaker, and opened w1th prayer by the Chaplain.

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

Adams

Brown of Fulton

Alexander of DeKalb Brown of Henry

Alexander of Fulton Brown of Murray

Allen

Burch

Alley

Butt

Anderson of Bulloch Buxton

Anderson of Chatham Calbeck

Armistead

Cannon

Atherton

Carswell

Atkinson

Carter

Ault

Chandler

Barksdale

Chllds

Bagley

_Converse

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Beacham

Cowan

Beasley

Culberson

Bell

Cureton

Berry

Daniel

Booker

Davis

Boyd
Brinson of De~atur

Dickson Drawdy

Brinson of Emanuel Edmondson

Brown of Carroll

Edwards

Elder Ellis Ellison English Evans Fairtlloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n Hardman of Jackson Harrington Harvey Hatfield

228.

JouRNAL OF THE HousE.

Heard

Miller of Ware

Helms

Milikin

Henderson of Irwin Minter

Henderson of Turner Mitchell

Hendricks

Moore

Hill

Moss

Holder of Floyd

MacFarland

Holtzclaw

Macintyre

Howell'

McArthur

Hubbard

McCarthy

Hullender

McConnell

Huie

McC,rory

Johnson of Bartow McCurry

Johnson of Jeff Davis McCutchen

Johnson of Towns McElreath

Joiner

McMahan

Jones of Lfturens McMichael of Butts

Jones of Meriwether McMicbel of Marion

Jones of Mitchell McWhorter

Keith

Oliver

Kelley

Parker of Decatur

Kendrick

Parker of Talbot

Kennedy

Paulk

Kicklighter

Peacock

Kidd

Persons

Kirby

Pierce

Lawrence

Pope

Lewis

Porter

Littleton

Price

Lord

Proctor

Lovejoy

Reaves'

Marshall

Redding

Meadows of Telfair Reese

Meadows of Toombs Reid of Campbell

Middlebrooks

Reid of Macon

Miller of Calhoun Reid of PutJlam

Rentz Roberts
Ro~ers
Rosser Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall S'trong Stubbe Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Ste-wart

The Journal of yesterday's proceedings was re~ and confirmed.

TuESDAY, JUNE 29, 1909.

229

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

By Mr. Macintyre, of Thomas-
A resolution extending the sympathy of the House to Ron. HattQn Lovejoy in the death of his child.
The call of the roll of counties was resumed and ~he following new bills were introduced, read the first time, and appropriately referred, to-wit:

By Mr. McMah~n, of Cl~r}te-
it bill to appropriate $15,000 to ins.tall a heating plant for the State University;
Referred to Committee on Appropriations..
By Mr. McM&han-
A bill to appropriate $25,000 fo~ the purpose of erecting building on the campus of State Normal School at Athens.
I
Referred to Committee on Appropriations.
By Mr. McMahan-
A bill to ~n1end an Act to regulate the fees of Tax Receivers' and Collectors.

230

JouRNAL OF THE Hous:E.

Referred to Committee qn Counties and County Matters.

By Mr. McMahan-
A bill to permit street railroads to grant free transportation to policemen and firemen.
. Referred to Committee on Corporations.

By Mr. Huie, of Clayton-
A bill to repeal an Act to provide for the change of County lines lying in incorporated towns and cities.
Referred to Committee on Corporations.
By Messrs. Drawdy and Reese (by request)-
A bill to provide for a uniform system of keeping books, records, &c., in the Counties of this State.
Referred to Committee on Counties and County Matters.

By Mr. Drawdy, of Clinch-
A bill to amend Section 982, Volume I, of the Code so as to designate Homerville as State Depository.
Referred to Committee on ~anks and Banking.

TuESDAY, J-uNE 29, 1909.

231

By Mr. Drawdy-

A bill to amend Section 5261 of Volume II of the Code which provides for the payment of witness fees.
Referred to Committee on General Judiciary.

By Mr. Drll.wdy-

A bill to amend Section 2321, Volume II, of the Code.
-Referred to Committee on General Judiciary.

By Mr. Drawdy, of Clinch-
A bill to divide the Brunswick Judicial Circuit into two1 Circuits.
Referred to Committee on General Judiciary.
By Messrs. Brinson and Parker, of Decatur-

A bill to provide for the election of the County Commissioner of Education of Decatur County by the people.
Referre.d to Committee on Counties and County Matters.

232

JouRNAL oF THE HousE.

'

By Messrs. Brinson and Parker-

A bill t9 prevent the removal of personal property from the County of the residence of the vendee, held under a conditional purchase and sale, and for other purposes.

Referred to Committee on Special Ju"diciary.

By Mr. Moss, of Cobb-

A bill to amend Section 4707, Volume II, of the Code.
Referred to Committee on General Judiciary.
By Mr. Moss-.

A bill to amend an Act to provide for the payment of costs in crimina\ cases.
Referred to Committee on General Judiciary.

By Mr. Hatfield, of Coffee-

A bill to amend Sections 5260 and 5-261 of the Civil Code.
Referred to Committee on General Judiciary.

''rUESDAY, ~JUNE 29, 1909.

233

By Mr. Hatfield-



A bill to create the office of Commissioner of Roads

and Re,~enues for Coffee County.

Referred to Committee .on Corporations.

By Mr. Hatfield-

A bill to require railroad companies to fence their rights of way.
Referred to Committee on Railroads.

By Mr. Hatfield-

A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee.
Referred to Committee on Corporations.

By Mr. Walters, of Colquitt-

A bill to amend an Act to create the City Court of Moultrie.
Referred to. Committee on Counties and County Matters.

234

JOURNAL OF THE HOUSE.

By Mr. Alexander, of DeKalbA bill to regulate the incorporation of private
companies by Superior Court.
Referred to Committee on General Judiciary.

By Mr. Alexander, of DeKalb-

A bill to create the office of Special Agent for the affairs of the Western and Atlantic R. R.
Referred to Committee on W. & A. R. R.

By Mr. Alexander, of DeKalb-

A bill to provide for the purchase of land in Atlanta whereon to erect a building for offices for the use of the State.
Referred to Committee on Public Property.

By Mr. Alexander, of DeKalb-

A bill to propose an.amendment to Paragraph 8, Section 1, Article 5 of the Constitution.
Ref.erred' to Comm:ittee on Constitutional Amendments.

TuESDAY, JuNE 29, 1909.

235

By Mr. Alexander, of DeKalb-

A bill to provide for two Assistant State Librarians and to fix their salaries.
Referred to Committee on State Library.

By Mr. Alexander, of DeKalb-

A bill to amend the Constitution so as to increase the salary of the Comptroller-General.
Referred to Cominittee on Constitutional Amendments.

By Mr. Alexander, of DeKalb-
A bill to propose an amendment to the Constitution so as to increase the borrowing power of the G?vernor to supply casual deficiencies.
Referred to Committee on Constitutional Amendments.

By Mr. Alexander, of DeKalb-
A bill to create the office of Assistant .AttorneyGeneral.
Referred to Committee on General Judiciary.

Jou.RNAL OF THE HousE.

By Mr. Alexander,. of DeKalb-

A bill to make accused persons competent to testify in their own behalf, when tried on a criminal charge.
Referred to Committ~e on General Judiciary.

By Messrs. Anderson, of Chatham,. and Alexander, of DeKalb-
. -~
A btU to provi.de for a Factory Inspector.
Referred to Committee on Labor &:nd Labor
Statistics:

By Messrs. Anderson and Alexander- .

.

. . -~

.

.

A bill to atptmd an Act to regulate the employment of children in factories, &c.

Referred to Committee on Labor and Labor Statistics.

By Mr. Upshaw, of Douglas-

A bill to provide for the creation of corporations to do the business of industrial life insurance upon the capital stock plan.
~efe:r.red toCommittee on General Judiciary.

TuESDAY, JuNE 29, 1909.

237

By Mr. Fields, of DeKallr-

A bill to repeal an Act providing for the change

of County lines lying within incorporated towns and

,.

cities.

Referred to Committee on Counties and County Matters.

By Messrs. Brinso~ and Parker-
A bill to amend Section 671, Volume Ill, of the Code.

Referred to Committee on Special Judiciary.

By Mr. Davis. of Dougherty-
A bill to create a new charter for the City of 'Albany.

Referred to Committee on Corporations.

By Mr. DavisA bill to provide for a Constitutional Convention.
Referred to Committee on Constitutional Amendments. By Mr. Upshaw, of Douglas-

A bill .to fix the amount of solvent assets to be

238

JoURNAl, OF THE Hous:E.

maintained by benefit' and industrial life insurance compames.
Referred to Committee on General Judiciary.

By Messrs. Roberts, of Dodge, McMichael,. of Marion, Sheppard, of Sumter, Hardeman, of Jefferson-
A bill to amend Sections 5520, 5521 and 5522 of the Civil Code.
Referred to Committee on General Judiciary.
By Mr. Alexander, of F~ton-
A bill to protect manufacturers and bottlers from the "loss of bottles.
Referred to Committee on Manufactures.
By Mr. Reese, of Glynn-
A bill to repeal an Act relating to foreign wills.
Referred to Conimittee on General Judiciary.

By Messrs. Porter and Wright, of Fio-rd-
A bill to amend Section 220 of the Criminal Code. Referred to Committee on General Judiciary.

TuESDAY, JuNE 29, 1909.

239

By Mr. Alexander, of Fulton-
A resolution directing the Governor to communicate with Luther Burbank, of California, and request him to include the cotton plant in his experiments.
Referred to Committee on General Agriculture. . By Messrs. Alexander and McElreath, of Fulton-
A bill to add an additional Judge of the Su'perior Court for the Atlanta Circuit.
Referred to Committee on General Judiciary. By Mr. Alexander, of Fulton-
A bill to amend Section 4815 of the Code of 1895. Referred to Committee on. General Judiciary.
By Messrs. Alexander, Brown and McElreathA resolution to pay Dr. R. J. Massey for faithful
services during the Civil War. Referred to Committee on Appropriations.
By Mr. Alexander, of FultonA bill to amend Section 4813 of the Code of 1895. Referred to Committee on General Judiciary.

240

JouRNAL oF THE HousE.

By Mr. Alexander, of Fulton, (by request)-
A bill to amend an Acl to provide a Board for _the examination of Accountants.
Referred to Committee on General Judiciary.

By Mr. Reese, of Glynn-

A bill to provide th~t all pertinent recitals of fact made in any deed contained :ln mortgage or deed to secure debt, shall be prima facie eviden,ce of the truth of the facts recited in all the courts of this State.
Referred to Committee on General Judiciary.

By Mr; Alexander, of Fulton-

A bill to create the office of State Highway Engineer.
Referred to Committee on Roads and Bridges.

By Messrs. McCarthy and Guyton-

A bill to allow common carriers to grant passes to former employees. .
Referred to Committee on Special Judiciary..

TuESDAY, JuNE 29, 1909.

241

By Mr. Reese, of Glynn-

A bill to regulate the use of log earls, &c;, upon the public roads.
Referred to Committee on Roads and Bridges.

By Mr. Wright of Floyd-
A bill to amend Section 4, Article 2 of the Constitution.
Referred to Committee on Constitutional Amendments.

By Mr. Wright of Floyd-
A bill to amend Paragraph 1, Section 1, Article '3 of the Constitution.
Referred to Committee on Constitutional Amendments.
By Mr: Wright of Floyd-

A bill to prohibit pool se~ling, etc. Referred to Committee on General Judiciary.

242

JOURNAL oF THE HousE.

By Messrs. Porter, Wright and Holder, of Floyd-
A bill to appropriate $45,000 to complete dormitory for School for Deaf.
Referred to Committee on Appropriation.
By Mr. Porter-
A bill to appropriate m'oney to pay W. L. Michael. Referred to Committee on Penitentiary.
By Mr. Wright of Floyd-
A bill to require street railway and railroad co:m,panies to report accidents to persons to the Railroad Commission within thirty days of accident.
Referred to Committee on Railroads.
By Mr. Alexander, of Fulton-:-
A resolution to invite the Southern Railway Company to consider the feasibility of locating its head offices in Atlanta.
Referred to Committee on Railroads.
By Mr. Alexander, of Fulton-
A bill to protect persons purchasing property or ohtaining contractual liens.

TuESDAY, .JuNE 29, 1909.

243

Referred to Committee on General Judiciary.
By Mr. Alexander, of Fulton-
A resolution to provide for the appointment of a commission by the Governor to report on a revision of the Judicial System ,of this State.
Referred to Committee on General Judiciary.

By Mr. Alexander, of FultonA bill to amend Section 4788 of the Code of 1895. Referred to Committee on General Judiciary.
By.Mr. Brown, of FultonA bill to prevent the spread of tuberculosis. Referred to Committee on Hygiene and Sanitation.

By Mr. Alexander, of Fulton-
A bill to amend Article 7, Section 2, Paragraph 2 of the Constitution.
Referred to Committee on Constitutional Amendments.-

244

JouRNAL OF THE HousE.

By Mr. Brown, of Fulton-

A bill to create the office of License Inspector. Referred to Committee on Ways and Means.

By Messrs. Alexander, McElreath and Brown, of Fulton-

A

bill

to

appropriate

$35,00.0

to the \..

Technological

School.-

Referred to Committee on Appropriations.

By Messrs. Alexander, Brown and McElreath, of Fulton-

A bill to create a Board of Examiners for firemen of locomotives.
Referred to Committee on General Judiciary.

.,By Mr. McElreath-

A bill to regulate practice in possessory proceedings.
Referred to Committee on General Judiciary.

TUESDAY, JUNE 29, 1909.

245

By Mr. Porter, of Floyd-
A till to amend Section 3250, Volume 2 of the Code.
REferred to Committee on General Judiciary. .'
By Mr. McElreath-
A bill to authorize County .Commissioners to create Boards of Examiners of stationary engineers and firemen.
Referred to Committee on Special Judiciary.

By Mr. Brown, of FultonA bill to regulate the business of barbers. Referred to Committee on Hygiene and Sanitation.

By Mr. Alexander, of Fulton-

A bill to provi9-e for the protection of persons furnishing materials for .the construction of public workS.
Referred to Committee on General Judiciary.

246

JouRNAL OF THE Ho"C"SE.

By Mr. McElreath-
A bill to provide that larceny after trust shall be punished as for a misdemeanor.
_Referred to Committee on General Judiciary. By Mr. McElreath-
A bill to fix the time for the adjournment of the Superior Courts of this State.
Referred to. Committee on Special Judiciary.
By Mr. McElreath-
A bill to amend an Act to incorporate the City of Hapeville.
Referred to Committee on Corporations.
By Mr. McElreath.
A bill to amend Art. 6, Sec. 7, of the Constitution.
Referred to Committee on Constitutional Amendments. By Mr. McElreath...l-
A bill to require all Clerks of Courts to report quarterly to the Attorney-General all criminal cases.
Referred to Committee on General Judiciary.

TuESDAY, JuNE 29, 1909.

247

By Mr. McElreath-
A bill to create a lien in favor of persons or corporations engaged in the laundry business, etc.
Referred to Committee on General Judiciary.
By Mr. McElreath--
A resolution to provide for the investigation of the validity of a certain bond issue by the State.
Referred to Committee on Special Judiciary.
By Mr. McElreath-
A bill to provide compensation for Ordinaries.
Referred to Committee on Special Judiciary.
By Mr. McElreathA bill to provide that in cases of levies by con-
stables upon personal property in certain cities notice shall be given to the property owner.
Referred to Committee on General Judiciary.
By Mr. McElreathA resolution to create a commission to investigate
the condition of e~ucation in Georgia. Referred to Committee on Education.

248

JouRNAL oF THE HousE.

By Mr. McElreath-
A bill to amend Sec. 2013 of the Code of 1895.
Referred to Committee on General Judiciary.
By Mr. Wright, of Floyd-
Abill to prescribe the terms of the Supreme Court for which each bill of exceptions and writ of error shall be docketed.
Referred to Committee on General Judiciary.
By Mr. Wright of Floyd-
A bill to abolish the right of defendants in criminal cases to make statements in their defense not made under oath.
\
Referred to Committee on General Judiciary.
By Mr. Wright, of Floyd-
A bill to amend Sec. 2805 of the Code of 1895.
Referred to Committee on General Judiciary.
By Mr. Guyton-
A resolution to pay a pension to Mrs. Susan P. Ford.
Referred to .Committee on Pensions.

TuESDAY, JuNE 29, 1909.
By Mr. Guyton.A bill to regulate the registering and identifica-
tion of motor vehicles in this State. Referred to Committee on Roads and Br.idges.
By Mr. Wright of FloydA bill to establish a tax on legacies, gifts, etc. Referred to Committee on Ways and Means.
By Mr. Wright, of FloydA bill to give cities and towns the right to acquire
and operate public utilities. Referred to Committee on Corporations.
By Mr. Wright, of Floyd-
A bill to cancel and forfeit the license of foreign insurance companies upon certain conditions.
Referred to Committee on Gene~al Judiciary.
By' Mr. Wright, of FloydA bill to require legislative counsel or agents to
register with the Secretary of State. Referred to Committee on General Judiciary.

250

JouRNAL OF THE HousE.

By Mr. Butt, of Fannin-

A bill to separate all pleas of lunacy, etc., in crim-
inal trials from the plea to the merits.
Referred to Committee on General Judiciary.

By Mr. Gillis, of Emanuel-

A bill to create a new county to be known as the county of Soperton.

Referred to Committee on Constitutional Amendments.

By Mr. GuytonA bill to ~mend Sec. 982, Vol. 1 of the Code, so as
to make the town of Guyton a State Depository.
Referred to Committee on Banks and Banking.

By Mr. Harrington-

A resolution to furnish Georgia reports to the
Ordinary of Liberty county.
Referred to Committee on Public Library.

TUESDAY, JUNE 29, 1909.

251

By Mr. Proctor, of Jenkins-
A bill requiring the State to furnish Justices of the Peace, etc., Van Epps Georgia Form Book.
Referred to Committee on General Judiciary.
By Mr. Huie, of Clayton-
A bill to amend Par. 1, Sec. 2, Art. 3 of the Constitution.
Referred to Committee on Constitutional Amendments.
By Mr. Reid, of Campbell-
A bill to authorize the town of Palmetto to create a system of Public Schools.
Referred to Committee on Education.
By Mr. Moss, of Cobb-
A bill to repeal Sec. 4147, Vol. 2 of the Code.
Referred to Committee on General Judiciary.
By Mr. Kirby, of Coweta-
A bill to amend an Act to create a new charter for the City of Newnan.

252

JouRNAL oF THE HousE.

By Messrs. Heard and Beauchamp, of Dooly-
A bill to require the Commissioner of Roads and Revenues of Dooly county to work roads in munici-
palities ..
Referred to Committee on Counties and County Matters.

By Mr. Butt, of 11-,anninA bill to incorporate the t~wn of Fry. ! Referred to Committee on Corporations.

By Mr. Butt-
A bill to amend Sec. '4646, Vol. 2 of the Code of 1895.
Referred to Committee on Special Judiciary.

By Mr. Butt, of FanninA bill to quiet title to lands in this State. Referred to Committee on Special Judiciary.

By Mr. Butt, of Fa,nnin-
A biH to provide for the admission in evidence in the courts of this State exemplifications and cer-

TUESDAY, JuNE 29, 1909.

253

ti:fied copies from the records of all deeds, etc., and for other purposes.

Referred to Committee on General Judiciary.
By Mr. Butt, o' f Fann.m- '

A bill to prevent' the cutting of timber on the lands of another without owner's consent.

Referred to Committee on General ~udiciary.

By Mr. Butt, of Fannin-

A bill to regulate the granting of new trials in criminal cases in this State upon the ground the ' venue was not sufficiently proved.

Referred .to Committee on Special Judiciary.
\
By Mr. Wright, of 'Grady-

A bill to amend an Act to change the time of meeting of the General Assembly.

Referred to Committee on Constitutional Amendments.

JouRNAL OF THE HousE.
By Mr. Wright, of GradyA bill to amend an Act to amend Sec. 388, Vol. 3 of
the Code.
Referred to Committee on General J1;1diciary.
By Mr. Wright, of GradyA bill to propose an amendment to Par. 3, Sec. 4,
Art. 3 of the Constitution. Referred to Committee on Constitutional Amend-
ments.
By Mr. Wright, of GradyA bill to amend Sec. 839, 840, 842, Vol. 1 of the Code. Referred to Committee on .Ways and Means.
By Mr. McWhorter, of GreeneA bill to change the time of holding the Superior
Court of Greene county. Referred to Committee on Special Judiciary.
By Mr. Calbeck, of GordonA bill to amend an Act to give Commissioners of

TuESDaY, JuNE 29, 1909.

255

Roads and Revenues power to lay out and discontinue public roads.
Referred to Committee on Counties and -County Matters.
By Mr. Calbeck-
A bill to authorize the town of Calhoun to construct a street crossing over the W. & A. R. R.
Referred to Committee on W. & A. R. R.
By Mr..Calbeck-
A bill to provide compensation for Commissioners of Roads and Revenues of Gordon county.
Referred to Committee on Counties and County Matters.
By Mr. Calbeck-
A resolution to refund certain moneys to H. Yarborou.gh.
Referred to Committee on Appropriations.
By Mr. Reese, of Glynn-
A bill to amend the laws regulating the practice of Dentistry.
Referred to Committee on Hygiene and Sanitation.

256

JouRNAL OF THE HousE.

By Mr. Lewis, of Hancock-
A bill to rearrange the Ocmulgee and Northern Judicial Circuits.
Referred to Committee on Special Judiciary.

By Mr. Lewis, of Hancock-
A bill to assess the punishment of all persons convicted of crime by jury.
Referred to Committee on Special J udi~iary. By Mr. Ellison, o'f Harris-
A bill to amend Sec. 982, Voi. 1 of the Code of 1895.
Referred to Committee on Banks and Banking.

By Mr. Henderson, of IrwinA bill to abolish the County Court of Irwin county. Referred to Committee on Appropriations.
By Mr. Henderson. of IrwinA bill to appropriate $10,000 to State Board of

TuESDAY, JUNE 29, 190~.

257

Entomology to experiment in Black root and wilt in the cotton plant.
Referred to Committee on Appropriations.

By Mr. Henderson, of IrwinA bill to create the City Court of Ocilla. Referred to Committee on Special Judiciary.

By Mr. Faircloth, of Johnson-

A bill to repeal an Act to create a system of Public Sc~ools in Wrightsville.
Referred to Committee on Education.

By Messrs. Hardeman and Meadows-

A bill to make the wife a competent witness against her husband in cases of seduction.
Referred to Committee on General Judiciary.

. By Mr. Burch, of LaurensA bill to regulate the practice of Optometry. Referred to Committ~e on General Judiciary.

258

JouRNAL OF THE HousE.

By Mr. Burch, of Laurens-

A bill to amend an Act to create the City Court of Dublin.
Referred to Committee on Special Judiciary.

By Messrs. Burch and Jones, of Laurens~

A bill to amend an Act and amendatory Acts to establish eight road districts in Laurens county.
Referred to Committee on Counties and County Matters.

By Messrs. Burch and Jones, of Laurens-
A bill to amend an Act to incorporate the town of Cadwell.
Referred to Committee on Corporations.

By Mr. Beazley, of Lee-

A bill to permit the holders of mortgages and other securities to list the same for taxation.
Referred to Committee on General Judiciary.

TUESDAY, JUNE 29, 1909.

259

By Mr. Beazley, of Lee-
A bill to amend Art. 11, Sec. 2, Art. 1 of the Constitution.
Referred to Committee on Constitutional Amendments.
By Mr. Beazley, of Lee-
A bill to provide for County Depositories.
Referred to Committee on General Judiciary.
By Mr. Harrington, of Liberty-
A bill to furnish certain Georgia Reports to the Clerk of the Superior Court of Liberty.
Referred to Committee on Public Library.
By Mr. Baker, of Lumpkin-
A bill to require non-residents holding mortgages to return the same for taxation in the county where the same are recorded.
By Mr. Baker, of LumpkinA bill to provide for the proof of the execution of
deeds, etc. .Referred to Committee on Special Judiciary.

260

JOURNAL OF THE HousE.

By Mr. Baker, of Lumpkin-
A bill to provide for recording of certified copies of deeds, etc.
Referred to Committee on Special Judiciary.
...
By Mr. Baker, of Lumpkin-
A bill to amend Sec. 3471; Vol. 2 o! the Code.
Referred to Committee on Special Judiciary.
By Mr. Baker, of Lumpkin-
A bill to tax the cash surrender value of life insurance policies.
Referred to Committee on Ways and Means.
By Mr. Williams, of Madison-
A bill to repeal an Act to create the City Court of Danielsville.
Referred to Committee on Special Judiciary.
By Mr. McMichael, of Marion--
A bill to require all secret orders or societies to be bonded and licensed.
Referred to Committee on General Agriculture.

TUESDAY, JUNE 29, 1909.

'261

By Mr. McMichael-

A bill to change the present method of electing judges of the Supreme and Superior Court and Court of Appeals.
Referred to Committee on General Judiciary.

By Mr. McMichael-

A bill to require cotton seed meal to b~ branded according to its grade or quality.
Referred to Committee on General Agriculture.

By Mr. McMichael-

A bill to increase the salaries of .the SolicitorsGeneral of the Superior Courts.
Referred to Committee on Special Judiciary.

By Messrs. Jones and Keith, of Meriwether-

A bill to repeal an Act to incorporate the Woodbury School District.
Referred to Committee on Education.

262

JOURNAL OF THE HousE.

By Mr. Bailey, of Miller-

A bill to amend an Act to create the City Court of Miller county. .
Referred to Committee on Special Judiciary.

By Mr. Persons, of Monroe-

A bill to revise the school laws so as to substitute a County Superintendent of Schools for County Commissioner of Education.
Referred to Committee on Education.

By Mr. Persons-

A bill to revise the school laws so as to change the State Board of Education.
Referred to Committee on Education.

By Mr. Persons-

A bill to revise the school laws so as to substitute a State Superintendent of Schools for State School Commissioner.
Referred to Committee on Education.

TuESDAY, JuNE 29, 1909.

263

By Mr. Persons-

A bill to amend Art. 7, Sec.-1 of the Constitution.

By Mr. Persons-

A bill to amend Art. 8. Sec. 1 of the Constitution.
Referred to Committee on Constitutional Amendments.

By Mr. McArthur, of Montgomery-

A bill to abolish the City Court of Mount Vernon. Referred to Committee on Special Judiciary.

By Mr. Brown, of Murray-

A bill to establish a new Charter for the town of Eton.
Referred to Committee on Corporations.
By Messrs. Slade and WohlwenderA bill to amend Sec. 220 and 221 of the Code. Referred to Committee on Fish and Game.

264 _

JouRNAL OF THE HousE.

By Mr. Slade-

A bill to prohibit parties having causes of action against non-resident railroads from bringing action in this State.

Referred to Committee on Railroads.

By Mr. MacFarland, of Mcintosh-

-

'

A resolution to pay A. McKinley the pension due

him.

Referred to Committee on 'General Judiciary.

By Mr. Middlebrooks-

A bill to require railroad companies operating through passenger trains to carry one white fireman.
Referred to Committee on Railroads.

By Mr. Ault, of PolkA bill to amend Sec. 97, Vol. 1 of the Code. Referred to Committee on General Judiciary.

By Mr. Ault, of PolkA bill to amend Sec. 70, Vol 1 of the Code. Referred to Committee on General Judiciary.

Tu.EsoAY, JuN~ 29, 1909.

265

By Mr. Ault, of Polk-
A bill to provide a method of fixing the salaries of County Treasurers.
Referred to Commi~tee on General Judiciary.

By Mr. Peacock-
A bill to provide that the State Treasurer shall be ex-officio Bond Commissioner.
Referred to Committee on Banks-and Banking.

By Mr. Pierce, of Richmond-
A bill to provide that all property without a lawful owner shall belong to the State.
Referred to Committee on General Judiciary.

By Mr. Garlington-

.

.

A bill to require executions to be recorded in the

county where the land lies in order to be a lien

thereon.

Referred to Committee on Special Judiciary.

By Mr. LittletonA bill to encourage education by requiring parents

266

JOURNAL oF THE HousE.

and guardians to send children to school for a minimum period of time.
Referred to Committee on Education.

By Messrs. Littleton. Garlington and Pierce-
A bill to create a river and canal commission for the protection of Augusta.
Referred to Committee on Special Judiciary.

By Messrs. Littleton, Garlington and Pierce-
A bill to authorize the City Council of Augusta to acquire by condemnation or otherwise fee simple to any real property, etc.
Referred to Committee on Special Judiciary.

By Mr. Cowan, of Rockdale-
A bill to provide for the election of County School Commissioners by the people.
Referred to Committee on Education.

By Mr. Reid, of Putnam-
A bill to abolish the board of County Commissioners of Putnam county.

TUESDAY, JUNE 29, 1909.

267

Referred to Committee on Counties and County Matters.
By Mr. Reid, of Putnam-

A bill to create the office of Commissioner of Roads and Revenues of Putnam county.
Referred to Committee on Counties and County Matters.
By Mr. White, of Screven-

A bill to amend Sec. 5404 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. White. of Screven-
A bill to amend Sec. 5403 of the Code of 1895.
Referred to Committee on General Judiciary.

By Mr. White, of Screven- .
A bill to amend an Act to create the City Court of Sylvania.
Referred to Committee on Special Judiciary.

268

JouRNAL OF 'l'HE HousE.

By Mr. Boyd, of Spalding-
A bill to amend the charter of Griffin.
Referred to Committee on Special Judiciary.
By Mr. Sheppard, of SumterA bill to require the Supreme Court and Court of
Appeals to consider all questions presented in bill of exceptions.
Referred to Committee on General Judiciary.
By Messrs. Sheppard and Griffin, of Sumter-
A bill to provide for special verdicts in certain cases.
Referred to Committee on General Judiciary. By Messrs. Sheppard and Griffin~
A bill to provide for the support of minor children when living separately from their father.
Referred to Committee on General Judiciary.
By Mr. Kendrick, of Taliaferro-
A bill to make it unlawful for any person to make or mend tools commonly used for blowing safes. .
Referred to Committee on General Agriculture.

TFESDAY, JlJNE 29, 1909.

269

By Mr. Marshall, of Taylor-
A bill to amend the charter of Bronwood.
Referred to Committee on Corporations.
By Mr. Wright, of Grady, and Mr. Macintyre, of Thomas-
\
A bill to make it unlawful to run traction engines in Grady or Thomas co'unties.
Referred to Committee on Special Judiciary.

By Mr. Macintyre-
A bill to amend an Act to re-incorporate Thomas
ville.
_Referred to Committee on Corporations.

By Mr. Cook, of ThomasA bill to amend Sec. 526 of the Political Code. Referred to Committee on General Judiciary.
By Mr. Macintyre, of ThomasA bill to amend an Act to incorporate the town of
Patten. Referred to Committee on Corporations.

270

JOURNAL OF THE HousE.

By Mr. Macintyre, of Thomas-
A bill to amend an Act to create the City Court of Thomasville.
Referred to Committee on Special Judiciary.

By Mr. Hendricks, of TiftA bill to amend the charter of the City of rrifton. Referred to Committee on Special Judiciary.
By Mr. Hendricks, of TiftA bill to amend an Act to incorporate the town of
Ty Ty. Referred to Committee on Special Judiciary.
By Mr. HendricksA bill to amend an Act to create the City Court of
Tifton. Ref~rred to Committee on Special Judiciary~
By Mr. Meadows, of ToombsA bill to provide for two weeks session of. the
Superior Court of Toombs county. Referred to Committee on General Judiciary~

TUESDAY, JUNE 29, 1909.

271

By Mr. Henderson. of Turner-

A bill to amend an Act to establish the City Court of Ashburn.
Referred to Committee on Special Judiciary.
By Mr. Henderson, of Turner-

A bill to amend an Act to create the City Court of Ashburn.
Referred to Committee on Special Judiciary.
By Mr. Edwards, of Walton-

A bill to require industrial corporations, etc., to furnish stockholders with semi-annual statements of resources and liabilities.
Referred to General Judiciary.

By Mr. Edwards-

A bill to amend an Act to establish the charter for the City of Monroe.
Referred to Committee on Corporations.

272

JOURNAL OF THE HOUSE.

By Messrs. Edwards and Smith, of Walton-
A bill to provide for the removal of obstructions from the streams of Walton county.
Referred to Committee on Counties and County Matters.
By Messrs. Edwards and Smith, of Walton.
A bill to amend the charter of Williamsville. Referred to Committee on Corporations.
By.Mr. Edwards, of Walton-
A bill to revise and consolidate laws for protection of game and 'fish.
Referred to Committee on Game and Fish.
By Mr. Edwards, of Walton-
A bill to amend an Act to regulate the analysis, sale and inspection of commercial fertilizers.
Referred to Committee on General Agriculture.
By Mr. Edwards, of Walton-
A bill to regulate the running of automobiles on the highways of this State.
Referred to Committee on Roads and Bridges.

TuESDAY, JuNE 29, 1909.

273

By Mr. Edwards, of Walton-

A bill to provide for the appointment of a com-

mission to codify laws of Georgia.

.

'

Referred to Committee on General Judiciary.

By Mr. Edwards, of WaltonA bill to make it unlawful to gamble upon the
property of another without owner's consent. Referred to Committee on General Judiciary.
By Mr. EdwardsA bill to amend Sec. 220 of the Penal Code. Referred to Committee on General Judiciary.
By Mr. EdwardsA bill to fix the sa1.aries of Sqlicitors-General in
this State. Referred to Committee on General Judiciary.
By Mr. EdwardsA bill to compel all children between ag~s of six
and fifteen to attend school. Referred to Committee on Education.

274

JOURNAL OF TB l!uursE.

By Mr. Edwards-
A bill to provide that the judges of the Supreme and Superior Courts and Court of Appeals shall be appointed by the Governor.
Referred to Committee on Constitutional Amendments.

By Mr. Edwards-
A bill to amend the Constitution so as to give the judgesof the Superior Court power to grant corporate privileges.
Referred to Committee on Constitutional Amendments.

By Mr. Edwards-
A bill to amend the Constitution so as to exempt from taxation the products offarmers for one year.
Referred to Committee on Constitutional Amendments.

By Mr. Edwards-
A bill to prohibit the destruction of certain birds for a period of five years.
Referred to Committee on Game and Fish.

TuESDAY, iuNE 29, 1909.

275

By Mr. Edwards-

A bill to amend the Constitution so as to'provide for biennial sessions.
Referred to Committee on Constitutional Amendments.

By Mr. Edwards-

A bill to make it unlawful for any person, etc., to compel more than ten hours per day of labor in manufactories.

Referred to Committee on Labor and Labor Statistics.

By Mr. Edwards-

A resolution to amend Rule of the House, No. 48. Referred to Com~ittee on Rules.

By Messrs. Lord and Joiner, of Washington-

A bill to require persons carrying weapons to register with the Ordinary.

Referred to Committee on General Judiciary.

276

JOURNAL OF THE. I{OUSE.

By Messrs. Lord and Joiner-

A bill lo amend Sec. 341 of the Penal Code.

Referred to Committee on General Judiciary.

By Mr. Tarver, of Whitfield-
A bill to repeal an Act to create. the City Court of Dalton.
Referred to Committee on Counties and County Matters.

By Mr. Barksdale, of Wilkes-
A bill to fix the salary of the stenographer of the State Bank Examiner.
Referred to Committee on Banks and Banking.

By Messrs. Barrett,. of Stephens, and Brown, of Fulton.
A bill to amend Sec. 3, Art. 3 of the Constitution.
Referred to Committee on Constitutional Amendments.

TuESDAY, JuNE 29, 1909.

277

By Messrs. Barrett., of Stephens, and Brown, of Fulton.
A bill to amend Par. 2, Sec. 11, Art. 11 of the Constitution.
Referred to Committee on Constitutional Amendments.

The following resolutions were read, to-wit:

By Mr. Drawdy, of Clinch-
A resolution providing that when the House ad-
journ on Friday, July 2d, it stand adjourned until Monday, July 5th, at 10 o'clock a.m.
Mr. Guyton proposed the following substitute:
Resolved, That when the House adjourns on Friday, July 2d, it stand adjourned until Tuesday at 10 o'clock a. m.
--
On the adoption of the above resolution by substitute the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alley

Bagley

Anderson of Bulloch Bailey

Atkinson

Beacham

Barksdale

- Berry

Booker Boyd Brinson of Decatur Brinson of Emanuel

\

278

JouRNAL OF THE HousE.

Brown of Carroll Brown of Murray Buxton Childs Couch Dickson Drawdy Ellis Evans Fender Field of DeKalb Fullbright Garlington Gastley Gillis Graddick Griffin of Sumter Guyton Harvey Hatfield Heard

Henderson of Turner Hendricks Holtzclaw Howell Hubbard Hullender Jones of Mitchell Kendrick Kennedy Kicklighter Littleton Marshall Meadows of Toombs Miller of Ware Milikin Minter Macintyre .McCarthy McCrory McCurry McCutchen

McMichael of Marion Oliver Paulk Peacock Pierce Pope Porter Proctor Reaves Redding Reese Rentz Simmons Simpson Smith of Tattnall
Sto~all
.S'trong Tarver White of Screven Wohlwender Wood

Those voting in the negative were Messrs.:

Alexander of DeKalb Chandler

Alexander of Fulton Converse

Allen

Cooke

Anderson of Chatham Cordell

Armistead

Cowan

Atherton

Culberson

Ault

Daniel

Baker

Davis

Barrett

Edwards

Beasley

Elder

Bell

Ellison

Brown of Henry

English

Burch

Faireloth

Butt

Ford

Calbeck

Godley

Cannon

Hall

Carswell

Hardeman of Jeffs'n

Carta

Hardman of Jackson

Harrington Helms Henderson of Irwin Huie Johnson of Bartow Johnson of Towns Jones of Laurens Jones of Meriwether Keith Kelley Kidd Kirby Lawrence Lewis Lord Lovejoy Middlebrooks Mitchell

TuESDAY, JuNE 29, 1909.

279

Moore Moss MacFarland McArthur McConnell McElreath McMahan McMichael of Butts McWhorter Parker of Decatur Persons Price

Reid of Campbell Reid of Putnam Roberts Rogers Sheppard Shirley Slade Smith of Gilmer Smit3 C'f Walton Tracey Tuggle Turner

Turnipseed Upshaw Vinson Walters Watkins Whiteley Wight of Grady Williams Woodliff Wright of Floyd

Those not "\<oting were Messrs.:

Adams Brown of Fulton Cureton Edmondson Fields of Crisp Griffin of Twiggs Hill

Holder of Floyd

Rosser

,Johnson of Je:ff Davis Stubbs

Joiner

Tippins

Meadows of Telfair Waddell

Miller of Calhoun Wasden

Parker of Talbot

Wright of Stewart

Reid of Macon

The roll call was verified and on counting the votes cast it was found that the ayes were 75, nays, 88. The resolution was, therefore, lost.

By Mr. Sheppard, of Sumter-
A resolution providing that when the House adjourns on Friday, July 2d, it stand adjourned until Monday, July 5th, at 10 o'clock p. m.
Mr. Butt, of Fannin, proposed the following substitute:
Resolved, That when the House adjourns next Sat-

280

JouRNAL OF THE HouSE.

urday it stand adjourned until Tuesday, July 6th, at 10 o'Clock a. m.
On motion of Mr. Hall the above resolutions were tabled.
By unanimous consent the following communication was submitted and read together with the accompanying resolution, to-wit:

ATLANTA, GEORGIA, June 28th, 1909.
To the Members of the General Assembly of the
State of Georgia,
Capitol Building.
GENTLEMEN : Charges having been preferred by Governor Smith against myself of sufficient gravity, in his opinion, to justify my suspension as a member of the Railroad Commission, and those charges having been submitted to you, in writing, on June 25th, every consideration of propriety has placed upon me the ban of silence since the submission of those -charges.
A proper respect for the dignity of the General Assembly denies to me the right to meet these charges except before you. I have not only maintained silence, but a most respectful inactivity-not even having sought a conference with- a single mem-

TUESDAY, JUNE 29, 1909.

281

ber of the General Assembly; I have held no caucus; I have conducted no campaign, but have relied solely upon the power of the truth and the majesty of the truth when that is plainly told.
I urge upon you early consideration of the fact that I am entitled, under every rule of fair play, to the earliest opportunity of presenting to the General Assembly my own defense, and after that I will adapt myself most cheerfully to whatever form of procedure the General Assembly may prescribe.
With great respect, I am,
Yours very truly,
S. G. McLENDON.

By Mr. Anderson, of Chatham-
Resolved, That the House consents to the petition of the Hon. S. G. McLendon of the 28th inst. and that he be permitted to submit any communication he may desire in his own behalf.
Mr. Hardeman, of Jefferson, proposed the following resolution, to-wit:
A resolution providing that the Governor's message in reference to the suspension of Hon. S. G. McLendon, Chairman of the R. R. Commission be

282

JouRNAL OF THE HousE.

referred to a joint Committee of nine from the House and :five from the Senate whose duty it shall be to investigate the charges contained therein and for other purposes.
On motion of Mr. Alexander, of DeKalb, the House adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, JUNE 30, 1909.

283

ATLANTA, GEORGIA,

Wednesday, June 30, 1909.

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

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

Adams

Brown of Fulton

Alexander of DeKalb Brown of Henry

Alexander of Fulton Brown of Murray

Allen

Burch

"Alley

Butt

Anderson of Bulloch Buxton

Anderson of Chatham Calbeck

Armistead

Cannon

Atherton

Carswell

Atkinson

Carter

Ault

Chandler

Barksdale

Childs

Bagley

Converse

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Beacham

Cowan

Beasley

Culberson

Bell

Cureton

Berry

Daniel

Booker

Davis

Boyd

Dickson

Brinson of Decatur Drawdy

Brinson of Emanuel Edmondson

Brown of Carroll

Edwards

Elder Ellis EWson English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton 1Iall Hardeman of J eft's 'n Hardman of Jackson Harrington Harvey Hatfield

284

JoURNAL OF THE HousE.

Heard

Milikin

Rogers

Helms

Minter

Rosser

Henderson of Irwin Mitchell

Sheppard

Henderson of Turner Moore

Shirley

Hendricks

Moss

Simmons

Hill

MacFarland

Simpson

Holder of Floyd

Macintyre

Slade

Holtzclaw

McArthur

Smith of Gilmer

Howell

McCarthy

Smith o.f Tattriall

Hubbard

McConnell

Smith of Walton

Hullender

McCrory

Sto"l'all

Huie

McCurrY'

Strong

Johnson of Bartow McCutchen

Stubbs

Johnson of Jeff Davis McElreath

Tarver

Johnson of Towns McMahan

Tippins

Joiner

McMlchael of Butts Tracey

Jones of Laurens McMichael of Marion Tuggle

Jones of Meriwether McWhorter

Turner

Jones of Mitchell Oliver

Turnipseed

Keith

Parker of Decatur Upshaw

Kelley

Parker of Talbot

Vinso:!l



Kendrick

Paulk

Waddell

Kennedy

Peacock

Walters

Kicklighter

Persons

Vvasden

Kidd

Pierce

Watkins

Kirby

Pope

White of Screven

Lawrence

Porter

Whiteley

Lewis

Price

Wight of Grady

Littleton

Proctor

Williams

Lord

Reaves

Wohlwender

Lovejoy

Redding

Wood

Marshall

Reese

Woodliff

Meadows of Telfair Reid of Campbell

Wright of Floyd

Meadows of Toombs Reid of Macon

Wright of Stewart

Middlebrooks

Reid of Putnam

Mr. Speaker

Miller of Calhoun Rentz

Miller of Ware

Roberts

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

WEDNESDAY, JUNE 30, 1909.

285

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

By Mr. Miller, of Ware-
A bill to authorize the county of Ware to issue bonds for the purpose of building public roads.
Referred to Committee on Counties and County Matters.

By Mr. Miller, of Ware-
A bill to prohibit the sale of hear beer m the county of Miller.
Referred to the Committee on Temperance.
:Ill
The following resolution was read and adopted, to-wit:

By Mr. Boyd, of Spalding-
A resolution sympathizing with the family of Hon. Robt. E. Park, State Treasurer, on account of his death.
The following message was received from the Senate through Mr. Northen, the Secretary thereof:

286

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 two from the Senate and three from the House of Representatives to investigate the advisability of managing the Judicial Circuits of this State.
Under the head of unfinished business the following resolution was taken up, to-wit:

By Mr. Hardeman, of Jefferson-
W-:HEREAs, The Governor, Hon. Hoke Smith, has suspended from office S. G. McLendon, Chairman of the Railroad Commission of Georgia, and has as required by statute reportc:?d to the General Assembly the fact of such suspension, and has stated his reasons for such suspension, and
WHEREAs, By statute it is the duty of the Legislature to determine whether the said commissione1 shall be permanently removed or restored to office, be it,
Resolved, by the House, the Senate concurring that the said message of the Governor be referred to a Committee of nine from the House and five from th(.'l . Senate with instructions to investigate and report.

WEDNESDAY, JUNE 30, 1909.

287

to the House and Senate, all evidence or reasons for such suspension which they may think pertinent or proper to the action required by law to be taken by the House and Senate.

Resolved, further, That said Committee shall have the power and authority to summons before it such witnesses as it may deem necessary, and to cause the same to testify, and to cause the production of such pape:r_:s and documents before it as it may deem proper for its investigation, and to this end it is hereby given all the authority of a court of law.

Pending action on the above resolution, the fol-.

wloawsinrgececiovmedmuannidcarteioand

from Hon. S. by unanimous

G. McLendon consent:

ATLANTA, GA., June 30, 1909.
To the General Assembly of Georgia:
I beg to submit herewith my reply to the special message of Governor Smith of June 25th:
For many years it is doubtful if any people in the world were subjected to greater extortion by railway kings than the people of the United States. The States have always been recognized by the Supreme Court as possessing the power of regulating rates within their own borders. The great difficulty

288

JouRNAL oF THE HousE.

was that the majority of traffic was interstate, and . over this the individual States could exercise no sort . of control. This utter helplessness of the States was recognized in 1879, and embodied in the original Railroad Commission Act, where it said:
Code Section ~189: "Nothing in this arti. cle contained shall be taken as in any manner, as abridging or controlling the rate,s for freight charged by any railroad company in this State for carrying freight which comes or goes beyond the boundaries of the State, or on which freight less than local rates, on any railroad carrying the same is charged by such railroad; but said railroad companies shall possess the same power and right to charge such rates for carrying such freights as they possessed before October 14, 1879."
This is the law of Georgia af the present time.
The field in which the franchise kings found their most profitable operation was in the field of interState commerce. They could issue stocks and bonds without the investment of a single additional dollar, and then advanced interstate rates in order to give value to that which had cost them nothing more than the charge for printing. This power was, for years, exercised freely and it was beyond all control save that of the Federal Government.

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289

I
The first step in the direction of corporate control was the creation of the Interstate Commerce Commission in 1887. The courts soon held that it did not possess the rate making power. The next step was the enactment of the Sherman Anti-Trust Act in 1890,, but it was alleged by the railroads and generally accepted as true that railroads were not subject to the provisions of this act. In 1897 in the Trans-Mis~ouri Freight Association cas~ and in 1898 in the Joint Traffic Association case the Supreme Court of the United States held that railroads were subject to the provisions of the Sherman Act; and; therefore, that combinations or agreements to advance rates were unlawful because of the provision,s of the Sherman Act. The public lost ground when the bupreme Court held that the Interstate Commerce Commission did not have the rate making power, but it gained ground when that Court held that the carriers were subject to the Sherman Law. Federal power had not been, so f~r, exercised as to prevent the watering of stocks and from 1898 to 1906 there was no let up in the issuance of watered stock and bonds\ and no relief for the people against extortions made for the purpose of giving value to fictitious capital.

During the years of 1905 and 1906, I wrote a number of articles, nine-tenths of which, perhaps, were devoted to exposing the iniquities of fictitious capitalization, and, resisting with all of my power the extortions practiced upon the people by the railway

1\-h j

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kings. The whole of America was aronsed upon this subject and on June 29th, 1906, Congress passed what is known as the Hepburn Bill-that law required that every tariff promulgated by any railroad in the United States, to be lawfurmust be published and filed with the Interstate Commerce Commission, thirty days before the same could become effec11ve, and it made it criminal for any railroad to charge any ,greater, or less, or different rate from that provided in its published tariffs; and also gave to the Interstate Commerce Commission complete power, upon complaints and hearings, to fix a future rate to be charged by all interstate carriers. The effect of the Hepburn Bill was to completely destroy the powers of the franchise kings, and although they might, thereafter, issue stocks and bonds as might be permitted by the States which created the corpor.:. ation over which they presided~ their power to fix tates, or advance rates, to give value to watered stock was completely taken away from them. The power of rate making conferred upon the Interstate Commerce Commission was to be exercised looking only to the value of the property and in, no sense or under any circumstances to its capitalization. So that in effect the Hepburn bill uncrowned every railroad king in the United States and solved the problem of watered stock, provided the Interstate Commerce Commission based rates inade by it, as directed by the Supreme Court of the United States, namely; on basis of the value of the property devoted to the public service without regard to its



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291

capitalization. This is one great reform which I advo~ated, and which has become enacted into law.
Another reform which I strongly urged was the enactment of such laws by the State as would prevent the unlimited issue of stocks and bonds by corporations created by the State. This power of regulation was fully embraced in the Candler Bill, and from the date of its enactment, no railroad could lawfully issue any stocks or any bonds without the approval of the Railroad Commission. This was one of the reforms which I advocated in 1906 and which is now embodied in the law of this State.

Another reform which I strongly advocated in 1906, was the prohibition of free transportation. The Legislature in 1907, did not enact any law upon this subject, but the Railroad Commission, after due investigations, and after officially ascertaining the fact that the carriers in Georgia were giving away passenger fares, passed an order prohibiting the use of free transportation-making applicable to .the State the Anti-Free Pass-Feature of the Hepburn Bill. This was another reform which I advocated in 1906, which has become embodied in the laws.
Another thing which I greatly urged was that the railroads should be required to furnish safer road beds, so that life and property might be transported with the greatest possible degree of security. Much has been accomplished along this line by t"P.e Rail-



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road Commission of Georgia, under its enlarged powers.
Another reform which I advocated in 1906 was the enforcement of prompt settlement of claims for overcharge and for loss and damage in transit, and it is the universal testimony of the shippers of Georgia th~t these evils have been enormously reduced. These things being true I do not see how it can be charged that I have abandoned the principles upon which I was nominated and elected as a member of the Railroad Commission.
Some of these reforms have been brought about by Congressional legislation, some by State legislation, so~e by. the direct efforts of the Commission.
Time was when half-dozen men might meet and by issuing orders to. their subordinates, to raise rates, enrich themselves by many millions of dollars. But no combination of railway officials could raise any interstate rate, in the United States today, that the Interstate Commerce Commission could not promptly reduce to where it formerly stood, or even to a lower figure if that lower figure should be a just and reasonable rate.
When the United States assumed plenary power in the matter of rate making, a result was achieved, the stupendous significance, value and importance of which.the public has not yet fully appreciated.

WEDNESDAY, JUNE 30, 1909.

293

I say this much in reply to the general charge that I have abandoned the policies of the Macon platform; and as these policies have been enacted into laws, I do not think that I can be charged with having abandoned them.

One specific charge made against me is that last fall, I opposed any resistance before the Interstate Commerce Commission in the matter of increaseq rates from the West, and after the Georgia Railroad Commission determined to :fight the increased rates, I gave no assistance to the Attorneys. of the State in the litigation. I had spent four months in giving an exhaustive investigation to the entire rate situation in this territory both interstate and intrastate, and a like exhaustive investigation into the situation of the railroads. I furnished the Honorable J. C. Hart, Attorney-General of the State. and Honorable Jas. K. Hines, Special Counsel for the Railroad Commission, a statement, in writing, covering something like twenty pages, which embodied the result of my investigations. I gave in this statement, the facts, as I found them. AsI was the only member of the Railroad Commission who furnished any written information whatever to the Attorneys for the State, I think the charge that I gave no assistance is not well founded. The Attorney-General of the State and the. Special Counsel for the Commission, will corroborate what I say.

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Another evidence of my abandonment of the principles-is the charge that I rode from Atlanta to West Point and return on the private car of the President of the Atlanta & West Point Railroad and paid no fare. I did ride from Atlanta to West Point and return on the private car of the President of that road, without paying fare; as did another member of the Railroad Commission, and its special attorney, at my invitation. Section 294 of the Code provides:
''The Railroad Commission, upon complaints made, shall inspect for themselves, or -through an agent, any railroad or any part of any railroad in this State ."
\ In the discharge of my official duties,. and by authority of the law, I made an inspection trip over the Atlanta & West Point Railroad.
I made this trip on a special train consisting of an engine and one car for the reason that it would be impossible to make an inspection trip except by some sort of train other than a scheduled train. I have, several t.imes, had occasion to travel on the railr~ads in Georgia, as a passenger, in all of which cases, I have paid my fare just as any other passenger did. In going over the Atlanta & West Point Railroad, I did not consider myself a passenger. I felt that I was acquiring a knowledge as to the con. ditions of the property, as to the industries along

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295

the line of road and as to the wishes of the people that would be of service in the discharge of my duties. This trip of inspection was, in no sense, a pleasure trip, but a purely business inspection of the properties which are subject to the jurisdiction of the Commi~sion. The Commission, according to my interpretation of the law, has full authority to make such inspection trips and th~t without waiting for any particular complaint to be made. In dealing with the facilities that are afforded in the matter of side tracks, in the matter _of depots, in the matter of terminals, and in various other ways, the information would be valuable, and could only be acquired by the use of some sort of special service furnished by" the railroad company. To pay for that service at regular passenger rates would not compensate the railroads; to pay for it, otherwise would put the State to too much expense.
In some States the railroads are required to furnish just such opportunities to the Railroad Commission to make inspection of their property.
It is charged that my conduct indicates clearly my desire to increase the passenger rates on the Georgia Railroad from 21,4 cents to 2% cents per mile. I believe that it is an unfair discrimination against the Georgia Railroad to limit its passenger fares to 21,4 cents, when its competitors-The Central of Georgia, the Seaboard Air Line and the Southern Railway are permitted to charge 2% cents per mile.

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It is charged that I resisted the lowering of freight rates to and from the ports of Georgia to interior points. Only one case has been brought before the Railroad Commission involving the reduction of any rates from Savannah to Brunswick to the interior and that petition was limited to the city of Atlanta and was tried and decided on the facts submitted by the petitioners and the facts furnished, on the other side, by the carriers. After waiting from August 26th, 1907, when the Commission was reorganized, to March lOth, 1909, certain ha~dware jobbers in At-. lanta, filed with the Commission a petition asking that the rates on special iron should be reduced from Savannah to Atlanta from 23 cents to 13 cents per hundred pounds. The ground of unreasonableness set out in the petition was that the rate in the opposite direction was 13 cents, and the Atlanta. hardware jobbers, therefore, asked that the rate from Savannah to Atlanta should be reduced to 13 cents. The Atlanta Steel Company intervened in this case, as did the Chamber of Commerce of Savannah. The oral evidence taken was stenographically written, afterwards transcribed, and makes a record of 389 pages of typewritten matter. The other documents filed in the case will run this record up to about 500 pages. This record has never been seen by the Governor, and it covers all the facts in the only Port Rate case which has been presented to the Commission. Page 2 of that typewritten reco-rd will show that the Attorney of the petitioners, abandoned the ground of unreasonableness as set out in the orig-

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297

inal petition. In other words when he was asked if it was his contention that the rate from Savannah to Atlanta was unreasonable because of the fact that the rate in the opposite direction was lower, he promptly replied:
"Certainly not, that is a mere circumstance."
The evidence in this case showed that one of the petitioners, the King Hardware Company, was doing a very large, business in Atlanta, the volume of which was not stated, but that during their business career of about 23 years, they had grown from one store to four stores. As to the Beck and Gregg Hardware Company, it was shown that in 1903 its capital stock was increased from $100,000 to $250,000, and that in 1906, its capital stock was increased from $250,000 to $500,000; that it did an annual business of one and one-half million dollars, and that it had always paid dividends. The principal witness for the Beck & Gregg Hardware Company was Mr. Parker, the Secretary and Treasurer, who testified that he had risen from office boy to Secretary and Treasurer of this corporation, having a capital of $500,000, and an annual business of one and one-half million dollars. Mr. Parker testified that their bu.siness covered part of North Carolina, South Carolina, Florida, Alabama and all of Georgia.

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On pages 142 and 143, Mr. Parker said:
"If this discrimination was withdrawn, the Atlanta jobbers would be enabled to so increase their marketing power, direct from Atlanta, by safely estimating, to the extent of doubling."
The rate from Savannah to Griffin is 23 cents; the rate to LaGrange is 23 cents ; the rate to Dawson is 23 cents; to Moultrie and Thomasville 20 cents; to Albany 21 cents; to Americus 21 cents; to Columbus 23 cents and so on. The Savannah Chamber of Commerce objected to making a reduction to Atlanta alone, alleging that if such reduction was made it should be made to all other points in Georgia, where the rates based on Savannah and that the reduction should correspond with the reduction to be made to Atlanta. This interference by the Chamber of Commerce of Savannah was resented, and the Attorney for the Atlanta hardware jobbers, on page 2 of his printed brief uses this language:
''The Chamber of Commerce of Savannah, blind to the interest of their own city, have adopted resolutions, and have circularized the State seeking to influence public opinion and inducing others to join them in a protest against the granting of the relief we pray for."
The relief which the Atlanta hardware jobbers prayed for was relief from competition with the

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299

smaller jobbers throughout the territory in which they sold goods; this territory embraced all of Geor-
gia.
On page 212, Mr. Parker said:
''The point is this; that we are now restricted to a small area, and even in that area, that we are compelled to sell these goods at no profit at all, so to speak, to meet the competition.''
To demonstrate that the .Atlanta hardware jobbers, wished and expected special privileges established in their behalf, by the Railroad Commission, to the detriment of all the other jobbers in the State, one has only to review the testimony on page 148; Mr. Parker was asked by Mr. Green:
''Let me ask you, If the Commission should reduce the rate as you have asked it, from Savannah to Atlanta, is it your idea that they would not also reduce the rate from Savannah to East Point, Jonesboro, Griffin, Barnesville and other points Y''
Mr. Parker:
''I see no reason why they should do so.''
The entire record of 500 pages in this case is open to the inspection of the Legislature. Upon hearing

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that testimony, and upon a careful study of it after it was reduced to writing-it all shows that the hardware jobbers in Atlanta were asking for special reductions in rates which they did not wish made to other points in the State, and I do not see how I could conscientio"Q.sly create a situation which would enable the Beck & Gregg Hardware Company to increase its sales from one and one-half million dollars a year to three million dollars a year and be just to all other parties in the State; because I could not see how they could increase their own business to that extent without decreasing the business of _others, or smaller jobbers located throughout the State to the same extent.

The case of the hardware jobbers in Atlanta did not involve a State-wide reduction in rates, from the ports. The case made by petitioners was a case confined, so far as their evidence was concerned, to Atlanta jobbers. I voted against granting the petition of the Atlanta jobbers, and filed a written opin. ion in that case which is made a part of this answer.

I

.

I did not know what opinion the Governor had in

this case, until h~ issued his order of suspension.

He has never gone through the record; he had never

offered any evidence in support of the petition of

the Atlanta hardware jobbers; he had never ex-

pressed to me, or to any other member of the Com-

mission, so far as I am aware, any desire that the

petition of the Atlanta hardware jobbers should be

.granted. To have granted it, in my judgment, would

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301

have been unfair to the balance of the State. It would have been a violation of law for the Commission, upon the hearings in this case, to have passed any order making a general reduction, because the law provides that:
Section Code 2189 :
"Before applying joint rates to railroads that are not under the management or control of one and the same company, the Commission shall give 30 days notice to said railroads of the joint rates contemplated and of its , division between said railroads an,d give hearings to the railroads desiring to object to the same."
Before any general order reducing rates from the ports to a!l points- in the State could be issued, and made effective under the law, all the railroads in the State, that would be affected by such reduction would have to have thirty days notice, and. would have to be given a hearing if they desired to object to the same.
Speaking of the wishes of the Governor in this
respect, ,I desire to say, without any s'ort of heat,
something of the past. The first revelation I had of the Governor's attitude towards the Railroad Commission came in the early part of 1908, when he was reported to have said in one of his early campaign speeches to the policemen and firemen of Atlanta :

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."I took your free rides away from ..you." I read

this statement with surprise, because I thought that

/

the Railroad Commission had taken their free rides

away. The Commission had acted upon this matter

during my illness in December, 1907, and prior to

the 1st of January, 1908, announced to me the result

of their deliberations. I differed with the Commis-

sion and told them that the Commission was making

. a mistake that sooner or later it would have to cor-

rect. As the campaign progressed,. in the month of

May, I read with great surprise, in the Atlanta

newspapers, that the Governor, had said in a speech,

in the first ward-'' and right here, I promise you

that by the first of January, you will be getti"ng six

tickets for a quarter, unless your counsel has entered

into contracts which will prevent ll!UCh action by

the Railroad Commission. ''

I felt that this was holding out the Railroad Commission in such a manner as to bring about the disappearance of public respect for and confidence in, that body. I could not resent the Governor's promises at the time, except before the Commission. I told the other members of the Commission that I thought the Governor's speech was a very great mistake and a 'serious reflection upon the Railroad Commission. I thought his attitude was hurtful to himself and destructive to the usefulness of the Commission, because if it was once established that it was simply there to obey the orders of the Governor, it could no longer command public respect. As a

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303.

matter of fact, a petition asking for six tickets for a quarter had been considered by the Commission from November, 1907, to February, 1908, and without entering up a fotmal order, the Commission, in February, unanimously agreed that it would not grant the petition of Mr. W. H .. Terrell to this effect.
' Mr. Terrell, while a candidate for City Attorney, had filed this petition, and in a city of 150,000 population stood alone so far as the Commission was advised. After the Governor made this speech, which was about May 23d, the Commission, on July 30th, 1908, unanimously entered up an order declining to grant six tickets for a quarter. I earnestly hoped that this would suggest to the Governor a different method of dealing with the Commission.
In July, 1908, I was informed that the Governor had tendered the position of Rate Expert, a position which under the law was to be filled by the Commission itself, to a gentleman connected with the Atlanta, Birmingham & Atlantic Railroad. I thought this incident would give me an opportunity to convey to the Governor a more direct suggestion that it was not wise to treat the Commission in this way; consequently, I wrote the Vice-President of the Atlanta, Birmingham & Atlantic Railroad, a letter asking him if it were true that the gentleman named, who was in the service of that company, had represented to him that Governor Smith had made a tender of this position; I told the Vice-President of that road that. self respect would compel the Commissie>n to

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repudiate any such representations as that which had been made, and added tpat if this representation was true, I would resign my position. I sent the Governor a copy of this letter, written to the VicePresident, and as a matter of fact, it was written solely for the purpose of sending a copy lo the Governor.
'
Much as it would have pleased me to act entirely in harmony with the Governor's wishes, I could not get my consent to be presented to the public, or have the Commission presented to the public, and continually held out to the public, merely as a body created for the purpose of executing the Governor's will.
I invited a careful inspection of the entire record of the Beck & Gregg Hardware Company case, and of the several opinions filed in that case by qi:fferent
. members of the Commission; and, having gone over
this record a third time, I am firmly fixed in the belief that my vote against the granting of this petition of the Atlanta hardware jobbers was the only vote I could cast in justice to the whole State.
I believe the Commission should give the public the benefit of all th~ information it secures, whether that information be favorable or unfavorable to the railroads. I believe the Commission should be the Throne of Righteousness, within the shrine built upon the basic pillars of the State; the Throne that stands unshaken mid the surge of rival greeds. and

WEDNESDAY, JUNE 30, 1909.

305

party iiJ.solence, or the wild clamors of the frenzied hour. I believe that the Commission, in arriving at conclusions should be governed absolutely and only by the facts and the law as presented in each case.
I have never, at any time in my life, subscribed to the proposition that Atlanta and Atlanta alone should have the benefit of reduction in port rates, on special iron articles. I repeat that tile question of a general reduction, applicable to the whole State for rates from the ports, has never been brought before the Commission. The only case was the special and particular case of the city of Atlanta, which I have attempted very briefly herein to review. There has been no change of front, there has been no change of policy, there has been no change of opinion, on my part, on any matters concerning the regulation of the railroads in this State.
S. G. McLENDON.

. THE BEcK & GREGG HARDWARE CoMPANY, ET. AL., v.
CENTRAL oF GEORGIA RAILWAY CoM.PANY.
I
RATES ON SPECIAL IRON.
The petitioner, Beck & Gregg Hardware Company, was incorporated by the Superior Court of Fulton County, in 1883, for a term of 20 years, with a capital of $100,000. At the expiration of its charter in 1903, it was re-incorporated by the Superior

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Court of Fulton County with a capital of $250,000; in ~ay, 19q6, its charter was amended and its capital stock increased to $500,000: Petitioners, Beck & Gregg Hardware Co., et. al., request the Commission to reduce the rate of 23 cents per hundred ponnds on special iron from Savannah to Atlanta, Ga., upon the ground that as the rate in the opposite direction is 13 cents per hundred pounds, the 23-cent rate 'is unjust and unreasonable. This is the ground of unreasonableness set out in the original petition. This ground was abandoned by coun-sel for petitioner, as shown by the record. Its abandonment, however, did not relieve the Commission from paying brief attention to this feature of this case. Difference in rates, in opposite directions, over the same line, occurs in ,thousands of instances, and the reasonableness of that relation of rates depends upon the circumstances surrounding the making of each.
Take Atlanta as an illustration:
Bags, burlap, from Atlanta to Ohio and Mississippi River points is rated 24 cents per hundred pounds, carloads, while the same article moving to Atlanta from the same points, carloads, is 41 cents; canned goods, moving from Ohio and Mississippi River points to Atlanta is 52 cents, from Atlanta 46 cents; cotton goods moving to Atlanta are rated at 63 cents, and from Atlanta at 35 cents; curtain poles, with fixtures, to Atlanta 78 cents, from Atlanta 25 cents; drawers, pants; overalls and shirts, any quantity, to Atlanta 98 cents, from Atlanta 68 cents;

WEDNESDAY, JuNE 30, 1909.

307

.h'osiery and knit underwear cotton, any quantity, to , Atlanta 98 cents, from Atlanta 55 cents; iron, bar,
band and hoop, carloads, to Atlanta 31 cents, from Atlanta 18 cents; mantels, wooden, boxed and crated, to Atlanta 78 cents, from Atlanta 44 cents; spring beds, in bales, compressed, to Atlanta 78 cents, from Atlanta 45 cents per hundred pounds.
'l'ake other points in Georgia:
Cotton goods from LaGrange, Columbus, and .other points to New York pays 55 cents, while in the opposite direction the rate is 68 cents per hundred pounds, or about 31 per cent. higher in one direction than in the opposite direction. As Mt. .i!,uller E. Calloway states, progressive railroads put in rates of this character in order to encourage the building up of industries along their lines of road. Hundreds of rates from the South to the North are lower than the rates over the same lines from the North to the So~th, and have been so constructed for the purpose of enabling the South to develop its resources, and in doing that to furnish remunerative business for its carriers.
The real substance of this application ~or a reduction in rates, stripped of all beclouding phraseology is a request that the Railroad Commission of Georgia shall attempt to regulate interstate rates. Nearly all of the oral testimony submitted, relates to iron rates from Pittsburg to Atlanta as compared with the rates from Pittsburg to Chattanooga. The

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JouRNAL OF THE HousE.

interstate rate from Pittsburg to Atlanta, on special iron, is 46 cents per hundred pounds, and to Chattanooga the rate is 38 cents per hundred pounds, the Chattanooga rate being very largely influenced, and in a measure controlled, by the Ohio River.
In his testimony, in behalf of the Beck & G.regg Hardware Company, Mr~ Parker said:
''We are not complaining here, let me emphasize this fact, we are not complaining except on this basis; we don't say your rate to Chattanooga, for instance, is too high, or too low, but we only ask of this Commission to correct these inequalities; raise your Chattanooga rates if you want to, we don't care, just put us on an equal footing-that is all we want, and that is all we ask.''
The case. made is one, in this respect, entirely within the jurisdiction of the Interstate Commerce Commission, and entirely without the jur~sdiction of the Georgia Railroad Commission. 'l'he evident desire of petitioner, the Beck & Gregg Hardware Company, in its growing and prosperous business, is to be so placed, as that it may invade the trade territory of Chattanooga, but to correct the relation of rates complained of requires the power of the Interstate Commerce Commission. Instead of taking this case to the Interstate Commerce Commission, which is clothed with ample power, petitioner comes to the Georgia Railroad Commission and asks

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309

that a rate from Savannah to Atlanta shall be reducd in the expectation that that reduction will inure to their benefit in invading Chattanooga territory, and that if the ra~e asked for, i. e., the rate from Savannah to Atlanta of 13 cents, should be put in, it is the expectation of petitioners that this will have the result of reducing the Pittsburg-Atlanta rate to 36 cents, which is lower than the PittsburgChattanooga rate, which is 38 cents per hundred pounds. This petition, in effect, is that the Georgia Railroad Commission shall do indirectly that which it could not do directly. As a matter of fact, and of law, the Georgia Railroad Commission has no power to enter the field of interstate commerce;. it is re~ strictE(d to making intrastate ;rates that are just and reasonable, without any reference to the consequences which may follow the making of such just and reasonable rates; therefore, the sole question before the Georgia Railroad Commission, in thi~ case, is this:
Is the rate of 23 cents per hundred pounds on special iron from Savannah to Atlanta just and reasonable 1
In my opinion, its reasonableness is demonstrated by three facts :
1st. The great _prosperity which has come to petitioner under these rates.
2nd. Having been made by the Ge,,Igia Railroad Commission, all the presumptions of law are in favor

310

Jo~RNAL OF THE HousE.

of its reasonableness. In fact, the rate of 23 cents per hundred pounds from Savannah to Atlanta, is 5 cents per hundred pounds under the rate heretofore declared by the Georgia Railroad Commission to be . just and reasonable. Having been established by public authority and having been reduced nearly 20 per cent. by the carriers, the reasonableness of the rate must result as a presumption of law.

3rd. It is reasonable by comparison, and that is the only way that reasonableness can be determined. Take the rate from Savannah to Atlanta, now under consideration, and compare it with corresponding rates in other States, which, like Georgia, have an ocean front. The rate from Wilmington, N. C., to Hickory, N. C., a distance of 245 miles, the rate is 24 cents; to Shelby, N.. C., 240 miles, the rate is 19 cents; to Winston-Salem, N. C., a distance of 209 miles, and the rate is 17 cents per hundred pounds.
Take South Carolina: The rate from Charleston, S. C., to Greenville, S. C., 241 miles, is 20%, cents; to Spartanburg, S. C., 223 miles, 191j2 cents; from Charleston, S. C., to Asheville, N. C., 293 miles, 24 cents; and to Raleigh, N. C., 257 miles, and the rate is 23 cents per hundred pounds.
Take Florida: The rate from Jacksonville, Fla., to Tallahassee, Fla., 165 miles, ~4% cents; to Punta Gorda, Fla., 283 miles, 34 cents; to Dade City, Fla., 205 miles, 24% cents; to Bartow, Fla., 210 miles, and the rate is 27% cents per hundred pounds,

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311

Take Alabama: The rate from Mobile, Ala., to Anniston, Ala., 296 miles, is 23 cents; to Childersburg, Ala., 252 miles, 31 cents; Opelika, Ala., 246 miles, 23 cents; Sylacauga, Ala., 262 miles, 28 cents; Talladega, Ala., 272 miles, 23 cents per hundred pounds.

Take points reached through the port of New Orleans, La. : From New Orleans, La., to Columbus, Miss., 294 miles, rate 28 cents; West Point, Miss., 294 miles, rate 28 cents; Winona, :Miss., 271 miles, rate 28 cents; Andalusia, Ala., 294 miles, rate 32 cents; Montgomery, Ala., 321 miles, rate 23 cents; and to Selma, 300 miles, rate 23 cents per hundred pounds.

These rates show that rates complained of are

fairly comparable with the rates existing in Georgia,



because they are the rates from the ports in those

States to interior markets, and if anything, the rate

from Savannah to Atlanta, on a mileage basis, is

lower than the prevailing rates in the States named.

Hence, if we are to determine the reasonableness

of the rates by the rule of comparison, the rate of 23

cents from Savannah to Atlanta, is not found to

be either unjust or unreasonable.

If the Georgia Railroad Commission, in view of these rates from various seaports to inland cities, could arbitrarily p~t in a rate of 13 cents per hundred pounds to Atlanta, a situation would be created, the like of which the State of New York is

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JouRNAL OF THE HousE.

spending over $100,000,000 to establish, namely, low

rates to and from the port of New York. Thus, if

the New York Commission has power to make re-

ductions in intrastate rates for the purpose of con-

trolling interstate rates, then the expenditure of

this enormous sum of money could all have been

saved, by an appeal to the. Railroad Commission of

New York. If the Georgia Railroad Commission

could create this highly discriminatory and prefer-

er:ttial situation for Atlanta, by the rl:lduction of the

rate from Savannah to Atlanta to the low level oi

13 cents per hundred pounds and could restrain the

Commissions in other States from taking like action,

or could restrain any competitors with Atlanta, in

other States, from appealing for protection. against

the invasion of their territory by Atlanta, it would

be simple enough, but the Com:r_nissions in the other



States, adjoining the State of Georgia, by exercise of the same power, which this Commission is asked

to exercise, could correct the preferential situation

of Atlanta by reducing the rates in those States so

that market relations as they now exist would he re-

established and preserved.

The petitioner in this case not only does not ask that the less than carload rates from Savannah to Atlanta shall be reduced by silence as to that subject, but distinctly avows that it is his desire that the less than carload rates shall not be reduced. If the petition, as made, should be granted, it would establish a carload rate from Savannah to Atlanta, which is just one-half the less than carload rate. Now to

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313

still further fortify the position of petitioners, they ask that the carload minimum shall be increased to 40,000. pounds. ' This increase in car minimum would remove (the present carload minimum being 24,000 pounds) the right to 'enjoy a carload.rate just 16,000 pounds per car further from the small shipper than it now is. To get the benefit of the carload rate any shipper would have to furnish 40,000 pounds of special iron; if he could only ship 30,000 pounds, or any greater or less weight, provided it were under 40,000 pounds, he would have to pay 26 cents per hundred pounds, while the shipper who could ship 40,000 pounds would g-et his freight moved at onehalf the charge per hundred pounds that the small shipper would have to pay. There are in the State of Georgia, something like 1500 shipping points, and just as you increase the car minimum you remove away from these people, these shippers, the opportunity of obtaining the carload rate, and just in the same method you increase the power of the wholesale jobbers to command the market.
Take, for instance, a shipper in Atlanta w]:10 could not afford shipping a carload at a time, the jobber in Atlanta could ship his carload from Savannah to Atlanta at 13 cents per hundred pourids which would
a make, per carload of 40,000 pounds minimum,
freight charge of $52.00; a small shipper who could not afford to buy a carload, and who would ship 20,000 pounds, would pay identically the sam.e sum, $52.00 as freight charges on his shipment from



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Savannah to Atlanta, under the scheme of rate construction proposed by petitioner. The advantage which the larger shipper in Atlanta would hold over the smaller shipper, not only in Atlanta, but in a very large territory in the State of Georgia, is too plain to need explanation. To leave the less than carload rl!,tes out of Savannah as they are and to increase the carload minimum to 40,000 pounds, would work an unjust discrimination against over 1000 towns in the State of Georgia, all for the benefit of Atlanta hardware merchants, and womd be just that kind of unjust discrimination which lt is the purpose of the law to prevent.
It is not surprising, in view of these facts, that the Chamber of Commerce of Savannah should be. sharply reprimanded by the hardware merchants of, Atlanta for interfering in this matter. The position of Savannah is correct. If the reduction asked for by Atlanta is made it should be made correspondingly to every other point in the State of Georgia, but when such enormous an inroad is to be made into the revenue of the railroad~, they certainly must have an opportunity to be heatd, and in the present case they have not been asked or called upon to make a showing except as to Atlanta.
'No.w, as to the Atlanta Steel Company, the rates from Atlanta to Savannah on special iron were constructed under the follow:ing conditions~ The rate from .Pittsburg, Pa., the great iron centre of America, to Savannah, Ga., has, for many years,



WEDNESDAY, JuNE 30, 1909.

315

been 22 cents per hundred pounds. Louisville1 Ky., also on the Ohio River, but not so close to Baltimore, wanted the privilege of selling in the direction of Savannah, but Louisville could not be put upon the same basis a~ Pittsburg, hence a rate of 28 cents per hundred pounds was made from Louisville to Savannah. To scale down these rates so as to give them the proper relation, the rate from Nashville to Savannah was made 22 cents; the rate from Chattanooga to Savannah was made 16 cents; and the rate from Atlanta to Savannah was made 18 cents per hundred pounds. This line of rates was not put in for the benefit of the Atlanta Steel Company, but had been in force for years before the'Atlanta Steel Company was organized; the Atlanta Steel Company has grown up under the rates which it found in existence at the time of its birth.
It is the policy throughout the United States, or certainly a very large portion of the United States, on the Pacific coast and on the Atlantic coast, to name lower rates. in the direction of the ports for interior markets than rates from the ports in opposite direction. If the rate from Savannah to Atlanta is reduced from 23 cents to 13 cents per hundred pounds, and if that reduction has the effect of lowering the Pittsburg-Atlanta rate, correspondingly, then the Pittsburg manufacturer who competes with the Atlanta Steel Company will be able to drive the Atlanta Steel Company out of a large part of its territory and so restrict its market as to destroy

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the value of its property. If this were done, not a single citizen in the State of Georgia outside of the jobber who handled the manufa~tured product of Pittsburg would profit one cent, because when the change in rate should be figured out and applied to the individual article handed to a customer over a counter, the differenee would be so small that the change could not be made, and yet the aggregate result which would inure to the benefit of the jobbers would amount to a very large sum. Not an item of special iron would be sold any cheaper to any Georgia consumer by reason of the reduction of the rate from 23 cents to 13 cents per hundred pounds on special iron from Savannah to Atlanta.
In consideration of this question, the matter before the Georgia Railroad Commission, beyond the nominal question o( dealing~ with a single rate, is the question of establishing a policy; if where railroads have, by making special rates, outward, for manufactured products, established low rates, with the view of building up the country .and building up their own business, if they are to be penalized by having the same rates forced upon them in opposite direction, then it would be equivalent to serving notice on the railroads that in the future they had better not give any friendly aid to any manufacturer who might wish to establish business on their lines.
Once establish th~ proposition that rates must be the same in both directions, apply that to intraState and inter-State rates, and every manufacturing

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317

enterprise in Georgia would receive its death blow. The legend "Made in Atlanta" wo-uld pass away, for neither Atlanta manufacturers, nor manufacturers at any other point in Georgia, could survive the application of such a principle. The Railroad Commission of Georgia can only make maximum rates; the railroads make special rates to meet the interests of the people. Apply the principle of equality in both directions and there never would, or "ould be, other special rates made in Georgia.
For these reasons, and others of the same character, I am constrained to vote against the petition of the Beck & Gregg Hardware Company.
S. G. McLENDON, Chairman.

Mr. Davis, of Dougherty, was allowed to withdraw House Bill No. 107.
Mr. Lewis, of Hancock, moved that when the House adjourn, it adjourn to meet again at 4 o'clock this afternoon, which motion prevailed.
Mr. Ellis, of Bibb, moved that when the House adjourn it stand adjourned until10 o'clock tomorrow morning, which motion prevailed.
Leave of absence was granted Mr. Oliver, of Quitman.
On motion of Mr. Anderson, of Chatham, the Speaker announced the House adjourned until 1r o'clock tomorrow morning.

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ATI.ANTA, GEORGIA,

THURSDAY, JULY 1st, 1909.

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 rolled was called and the following members answered to their names :

Adams

Brown of Fulton

Alexander of. DeKalb Brown pf Henry

Alexander of Fulton Brown of Murray

Allen

Burch

Alley

Butt

Anderso11 of Bulloch Buxton

Anderson of Chatham Calbeck

Armistead

Cannon

Atherton

Carswell

Atkinson

Carter

Ault

Chandler

Barksdale

Childs

Bagley

Converse

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Beacham

Cowan

Beasley

Culberson

Bell

Cureton

Berry

Daniel

Booker

Davis

Boyd

Dickson

Brinson of Decatur Drawdy

Bi-inson ot Emanuel Edmondson

Brown of Carroll Edwards

Elder Ellis Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gast1ey Gillis Godley (_}raddick Griffin of Sumter Griffin of Twiggs Guyton H11ll Hardeman of J e:ffs 'n Hardman of Jackson Harrington Harvey Hatfield

"THURSDAY, JuLY 1, 1909.

319

Heard

Milikin

Helms

Minter

Henderson of Irwin Mitchell

Henderson of Turner Moore

Hendricks

Moss

Hill

MacFarland

Holder of Floyd

Macintyre

Holtzclaw

McArthur

Howell

McCarthy

Hubbard

McConnell

Hullender

McCrory

Huie

McCurry

Johnson of Bartow McCutchen

Johnson of Jeff Dayis McElreath

Johnson of Towns McMahan

Joiner-

McMichael of Butts

Jones of Laurens McMichael of Marion

Jones of Meriwether McWhorter

Jones of Mitchell Oliver

Keith

Parker of Decatur

Kelley

Parker of Talbot

Kenprick

Paulk

Kenn~dy

Peacock

Kicklighter

Persons

Kidd

Pierce

Kirby

Pope

Lawrence

Porter

Lewis

Price

Littleton

Proctor

Lord

Reaves

Lovejoy

Redding

Marshall

Reese

Meadows of Telfair Reid of Campbell

Meadows of Toombs Reid of Macon

Middlebrooks

Reid of Putnam

Miller of Calhoun Rentz

Miller of Ware

Roberts

Rogers Rosser Sheppartl Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Atubbs Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff' Wright of Floyd Wright of Stewart Mr. Speaker

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

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The following resolutions were read, to-wit:
By Mr. Tuggle, of Troup-
A resolution providing that when the House adjourn on Friday, July 2, it stand adjourned until Monday, July 5, at 10 o'clock a. rp..
The above resolution was tabled.
By Mr. Anderson, of Chatham-
A resolution providing that all speeches on the pending measure today be limited to 20 minutes each, and that the previous question shall be called at 12:45 o'clock p. m.
The above resolution was adopted.
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 House and Senate Wednesday, July 7, 1909, to declare the result of vote to be taken Tuesday, July 6, 1909, for a U. S. Senator from Georgia.
Under the head of unfinished business, the resolution relative to the suspension of Chairman S. G.

THURSDAY, JULY 1, 1909.

321

McLendon, of the Railroad Commission, was again taken up and discussion thereon resumed.
By unanimous consent, the following bills were read the first time, to-wit:
By Mr. Rosser, of Walker-
A bill to amend Section 4732, Volume II of the Code of 1895.
Referred to Committee on General Judiciary.
By Mr. Rosser-

A bill to cede certain lands in Walker County to the U. S. Government for government roads.'
Referred to Committee on General Judiciary.
By Mr. Rosser-
A bill to amend the Charter of the City of LaFayette.
Referred to Committee on Corporations.
By Mr. Rosser-
A bill to amend Section 221, Volume III, of the Code of 1895.
Referred to Committee on General Judiciary.

llhj

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By Mr. ,RosserA bill to amend Section 4147, Volume II, of the
Code.
Referred to Committee on General Judiciary.
By Mr. RosserA bill to amend Section 1900, Volume II, of tht>
Code.
Referred to Committee on General Judiciary.
By Messrs. Adams and Carter, of Hall-
A bill to amend an Act to create the City Court of Hall County.
Referred to Committee on Special Judiciary.
I
By Mr. Wright, of Floyd-
A bill to establish a Legislative Reference Bureau in the State Library.
Referred to Committee on Appropriations.
By Mr. Kidd, of Baker-
A bill to amend Section 1366, Volume I, of the Code.
Referred to Committee on Education.

THURSDAY, JULY 1, 1909.

323

By Mr~ Kidd-
A bill to amend Section 1354, Volume I, of the Code.
Referred to Committee on Education.
By Mr. Price, of Bartow_._ 'A resolution for the relief o'f Chas. Goode, of Bar-
tow County. Referred to Committee on Appropriations.
By Mr. Anderson, of ChathamA resolution instructing the Clerk of the Hous
to have printed by July 6, a calendar of the measures pending before the House at the time of adjournment on Friday, July 6th.
The above resolution was adopted.

ATLANTA, GEORGIA,
JuLY 1st, 1909.
The following message was received from his Excellency Governor Joseph M. Brown, through his Secretary, Mr. Blackburn:
Mr. Speaker: I am directed by his Excellency the Governor. to
deliver to the General Assembly a communication in writing:

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JouRNAL OF THE HousE.

MESSAGE.
ATLANTA, July 1, 1909.
STAT:@ OF GEORGIA,
ExECUTIVE DEPARTMENT,
To the General Assembly:
@It At the threshold of the assumption of the duties which the call of a free people bas imposed upon us, it is well to remember the constitutional limita..: tions of each department of the State government, and, while maintaining the integrity and independence of each ~ithin its proper sphere as the surest safe-guard of our republican institutions, to so generously co-operate that our united labors may enlarge the Lenefits of the public service, and thus fulfill our obligations as faithful servants of the people.
While the Executive may recommend legislation, the duty and the responsibility of making laws must, and should rest upon you as the chosen agents of the people to give l{'gislative expression to ,their will.

THURSDAY, JULY 1, 1909.

325

In full recognition of this responsibility, and in a kindly spirit of comity and co-operation, I beg to lay before you certain matters which to me seem timely and expedient.

A CoNSTRUCTIVE GEoRGIA.
In endeavoring to solve the- problems confronting us as the result of events reaching back into the years 1905- '06, we must ever have in mind the motto words of our great State: "Wisdom, Justice, Moderation.'' We must put behind us animosity, di~card denunciation, and accord to those who differ with us the right to hold individual opinions and to exercise individual judgments-the right guaranteed to all by the spirit of our institutions and the letter of our laws.
Moved by this spirit, let me quote to you the following words from the Democratic platform, whereunder the people of this commonwealth entrusted the administration of their affairs to our hands:
"We pledge, not only to citizens of this State, but to citizens of other States, that all capital invested in legitimate enterprises in Georgia, whether foreign or domestic, corporate or private, shall have the e.quaJ protection of the laws, and the equal friendly consideration of those who administer the laws."

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The above words are but an amplification of the principle enunciated in the Bill of Rights of the Constitution of Georgia:
''Protection to person and property is the paramount duty of government and shall be impartial and complete.''
Hence, we find the synonymous words ''~qual'' and "impartial" in the two mandates which declare the wi11 of the sovereign people.
"Equality" and "Impartiality," therefore, we nny esteem the key-words in the State's relationRhip to the citizen: equality of obligation by tl1e citizen to the State; equality of opportunity for the citizen with the citizen; and equality of protection to the citizen by the State. .Ani this equality or impartiality the State explicitly decrees sha11 apply to property exactly as it does to the citizen. Just as there shal1 be no discrimination against a citizen in, favor of other citizens, so there shal1 be no discrimination against one species of legitimate property in favor of other species of legitimate property. All must obey the law, and a11 while obeying the law, must be protected in equality of rights. And if there be found a~uses in the handling of property, we must apply the hands of the law to those who abuse their trust, instead of

THURSD&Y, JULY 1, 1909:

327

impairing or destroying the income of the innocent; for events have proved that when we destroy, or seriously curtail that income, we force out of employment thousands of Georgia's sons of toil, whose wag~s, while providing sustenance for their families, are distributing benefits in every community wherein they dwell. Therefore, upon equality, or fairness, is built up prosperity, and the State whose laws
' command or permit the conrrary, invites catastrophe.
With equality as a standard, let the people's will be done. In fraternity and co-operation let us move forward a constructive Georgia.

But we cannot have a constructive Georgia if we have not capital. And we have not as the posses. sion of Georgians} capital sufficient to develop her water powers; to erect factories for the operation of which we have so many varied resources; to build railroads of which some of our counties have not one, (while none of them have all they need,) and to furnish more banking capital, of which we are vastly behind our necessary limit. The shortage thus existing reaches not merely into every industrial and commercial centre, but into practically every farmer's home in Georgia.
Therefore, to induce foreign capital hither, w:e must guarantee to it not only the protection of its

328

JouRNAL oF THE HousE.

principal, but as certainly the .protection of its power to earn a reasonable income. That protection must be, as our State Constitution says, "impartial." It must be as our convention platform said, ''equal.'' The capitalist from outside of the State must have the guarantee that his money invested in Georgia shall have the same rights, whether invested in public utility-corporations or otherwise, as has the Georgian's money invested likewise in his own State-the same, no more, no less.
The people of Georgia ratified the above pledge that the guarantee of the organic law of this State is the guarantee of its citizenship; and I have full confidence that every law you enact, every resolution you pass will cheerfully confirm it as the juigment and pleige of your official and personal manhood:
It would be unfortunate should public utility corporations misinterpret the spirit of a constructive conservatism approving a fair and just treatment of their interests, as a license authorizing hurtful discriminations, or the exaction of unjust tariff rates. Fair treatment by the State of these artificial persons carries reciprocal obligation of a just, impartial and courteous public service which brings its own reward in the creation of a generous public favor, the safest shield against hostile laws; while

THURSDAY, JULY 1, 1909.

329

a service indifferent to the rights, needs and comforts of the people is sure to bring about those oft recurring periods of anti-corporation activity, resulting in harsh and retaliatory measures that rarely fall short of vindictive reprisals.

We should, however, not lose sight of the fact that corporations are but the property of people: and that besides those of our fellow citizens (voters) and citizens of other States who exercise directly the powers of ownership, there are upwards of 2,000 Georgia women, 70, 0 estates of deceased Georgians and 80 educational and eleemosynary corporations, among which are one asylum for blind children, several orphan asylums, several endowed h~spitals, colleges, church funds, and the like; in other words those who are the wards of the very conscience of our civilization, thus making it imperative that discernment be exercised in the application of the laws, yet, corporations, it must be said, are not without blame for public sentiment in regard to their acts; hence, it is proper to state clearly that the full power vested in the Executive shall be used to protect the people against any unjust conduct on the part of corporations.

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JOURNAL OF THE HousE.

PROMPT PAYMENT OF TEACHERS.

One of the matters of greatest concern to the future welfare and prosperity of our State is the proper support and maintenance of our common school system. While it is by no means a perfect system, we should not lose interest in it, but should carefully adopt such means and plans as may be necessary for its betterment. One of the greatest drawbacks is our manner in paying the teachers. The State is one year behind in making these payments, that is to say, in the main, the money for paying teachers' salaries for this year will not be collected until the latter part of December, when the taxes are paid into the treasury.
The teachers are faithful servants of the people and should be paid with the ~arne regularity as the State pays all her other officers. All agree as to this proposition. It has been before the public for many years, with the result that our teachers have received fair promises, but not prompt payments. They, alone, have been denied the benefits of that key-word "equality." It does seem to me that the application of a few business ideas might relieve the situation and accomplish the desired end. The teacher alone, of a~] the officers of the State, is required to discount his or her salary account

THURSDAY, JULY 1, 1909.

331

against the State, and lose from eight to twenty per cent. '!'his is a great wrong upon these officials, one that no fair business man would perpetrate upon his employees. I suggest that we take at once the necessary steps to catch up with our school fund, and pay every public school teacher in Georgia his or her salary monthly. It is impracticable for us to collect in one year the necessary sum from taxation and accomplish this result, and it would be almost criminal for us to stop the schools of Georgia to enable us to catch up with our funds.

What then must we do? What would :first suggest itself to every business man that calmly considers this condition, should he be confronted with like conditions in his own business affairs? He would at once take the necessary steps to raise the money by use of his credit. I propose that we handle in like manner for the State and for the teachers. the ::;ituation that now confronts us, and utilize the credit of the State to relieve the condition. The Gtneral Assembly should propose, and submit to the people of this State an am~ndment to the Constitution 'authorizing the issuance of about $600,000 of bonds, the proceeds of which should be used to create a permanent loim fund to be loaned every spring to the school fund for the payment of teachers' salaries, and returned to this loan fund in December when

332

JOURNAL oF THE HousE.

the taxes are collected. This fund should be sacredly guarded, and should not be used for any other purpose, so long as the necessity for such loan fund exists, and should it cease to exist, then let the fund so raised be applied to the payment of the valid bonded indebtedness of the State. The State could raise this money upon a 3 per cent. basi&. When not in use the depositories would pay sufficient interest to reduce the cost to the St~te to 2 per cent. The bonds so issued might be retired in a few years at the rate of $100,00 per annum, without the necessity of any increase in our tax rate.

Under this method the fund will be protected by a Constitutional provision, and the prompt payment of teachers will be absolutely certain. In other words, it will place such a loan fund beyond the power of diversion, either by the General Assembly or the Executive. Should you, however, in your wisdom adopt some other practical method by which the same result may be secured, it will receive my hearty concurrence.

PuBLIC INsTITUTIONS.
All our public institutions should be properly supported, holding in mind, as we do, the object for

THURSDAY, JULY 1, 1909.

333

which they were established, and the duties we owe to humanity and to education.
I direct your attention especially to the needs of our various educational institutions, including the agricultural schools recently e;;tablished. The latter mark a distinctively progressive move in the matter of industrial educ!ltion, which has attracted attention and commendation from the best teachers of the' world.

LABoR CoMMISSIONER.

The industrial growth of our State, and increasing number of skilled and unskilled workmen in our population demand that the State keep pace with the progress of. the times, and establish a Department of Labor.
We have, for many years maintained a Department of Agriculture, which has been conducted by experienced farmers to the substantial benefit of the agricultural interests. While I would advocate nothing that would tend to lessen the scope of that department, or d~crease its worth to the class it directly serves, I urge, as a matter of simple justice, as well .as industrial economy and necessity, the establishment of a similar department of State government, where the great toiling element of our

334

JOURNAL OF THE HOUSE.

people may have their interests guarded and their rights protected.
The Commissioner of Labor should be charged with the enforcement of all laws affecting labor. I am proud of the !act that our State has kept abreast of the times in the matter of child-labor legislation, and am sure that present laws will be strengthened as soon as necessity demands and in,dustrial conditions warrant. The Commissioner of Labor should be specially charged with the enforcement of child-labor laws. It should also be the duty of the Commissioner of Labor to comJiile statistics showing labor conditions throughout the State, and furnish the same to industrial institutions who desire such information. Since the State is so well favored by both labor and climatic conditions, authentic information would doubtless prove very valuable, as it might mean the establishment of many other enterprises in the State.
It should also be made the d]lty of the Commissioner of Labor, in connection with the AttorneyGeneral-and, in the case of railroad employees, in connection with the Chairman of the Railroad Commission, to act as mediator in disputes between capital and labor, when called on by either side, so that harmonious relations between the two may be encouraged and fostered; and in cases of strikes to

THURSDAY, JULY 1, 1909.

3:35

exert their efforts to effect prompt and satisfactory settlement by arbitration, or such other means as may meet the approval of the contending factors.

I am 'convinced that had such a department existed under the direction of a competent man, the severity of the recent unfortunate conflict between one of our largest railroads and its employees would have been lessened, if the trouble had not been entirely averted. At least, there would have been no necessity for the appearance of J:i,ederal officials-more or less foreign to our industrial conditions and sentiments-upon the scene, to settle a dispute intra-state in ch~racter.

TAXATION.
The principal source of the State's revenue for the support of the government and the State institutions must necessarily be derived from direct taxation of property. The Constitution requires uniformity and equality in all tax levies. Under our present imperfect tax system, it is impossible to secure uniformity or equality of taxation. Property is returned in one county at one standard of valuation, and in anoth~r county at a different standard of valuation. Even in the same county, and in the same locality, there is no uniform standard of valua-

336

JOURNAL OF THE HousE.

tion, for the reason that each property owner places his own valuation on his property in his tax returns; and even where the tax officers reject the returns, and submit the same to arbitration, the arbitrators differ in each case, and naturally they adopt different standards of valuation.

This same defect and inequality of taxation applies to the tax assessments of those corporations required by law to make returns to the ComptrollerGeneral. If the returns are rejected, and arbitration becomes necessary, different arbitrators pass upon and fix the tax value of different companies~ frequently adopting different standards of value. .In addition to this, these arbitrations are usually very expensive to the State. Another defect in our present tax system is its failure to provide adequate or effective means of assessing, or of taxing unreturned property. If the burdens of taxation are to be borne equally, as required by the organic law of our State, some new and more efficient system than the present law on the subject of taxation must be adopted.
I, therefore, recommend the enactment of legisla" tion providing a new system of taxation, with Boards
of Equalizers for each county, and a State Board
of Equalizers, upon whom shall devolve the duty of assessing all property now required to be re

THURSDAY, JULY 1, 1909.

337

turned to the Comptroller-General, as well as equalizing the assessments in the various counties of the State. The details of this system I leave to your judgment and legislative experience. A system of
.this character would insure one standard for tax
values for all the property in the State, and make the burdens of taxation fall equally and fairly upon all alike.

The system enacted should provide adequate and sufficient means for assessing and collecting taxes upon unreturned property, and provide opportunity for the taxpayer to be heard.

INHERITANCE TAX.
Over three-fourths of the States now have laws providing for an inheritance tax. A proposition to impose a national inheritance tax has lately been presented to Congress, and practically the only argument brought against .the measure was to the effect that inheritances were properly subjects for State taxation; and that a majority of the States now imposed such a tax.
The policy or' modern government is opposed to the ~ccumulation of vast estates, so hedged about by legal technicalities and safe-guards as to escape

338

JouRNAL OF THE HousE.

their equitable burden of taxation. In the enlight-. ened view of the leading publicists and economists of our times, no sound reason exists why inheritances should not be subject 'to taxation. The duty of formulating such laws as will meet this demand necessarily devolves upon your body, and I therefore leave it to your wisdom, with assurances of my unqualified approval.

BIENNIAL SESSIONS.
Another matter to which I feel it my duty to call your attention is that of bien~ial sessions for the General Assembly. It is not for me to argue at length upon this subject. Suffice it to say, that the conviction of the public seems to be that annual sessions result in the making of unnecessary laws, and in unnecessary expense to the tax payers. Only about a half dozen States in the American Union now have annual sessions of the law-making bodies.
In this connection I desire to call your attention to the advisability of changing the time of our general election from the first Wednesday in October, to Tuesday after the first Monday in November, thereby saving to the people the cost of an election.

THURSDAY, JULY 1, 1909.

339

PuBLIC RoADs AND CoNVICTS.

The Convention which nominated the present administration of our State made, also, the following pledge:
''Recognizing that the cardinal principle in the enforcement of our criminal laws is the punishme:rt of crime, the reformation of the offender and the protection of society, we pledge ourselves to such changes in our convict system as will completely eliminate any traffic in convict labor, and, as far as possible, place the State convicts upon public works."
The above pledge, having been approved by the people of Georgia, was redeemed in great measure, by the last General Assembly.
The public sentiment for years has been crystallizing around the fact that good roads are an imperative necessity for the proper progress of our State. .The necessity that two mules should do the work which was demanding six; that in one hour should be taken the trip which was consuming from three to :five; that there should be easier access from the country to the city, and vice versa; that the consequent cost of handling produce and other tonnage between the farms and the leading points should be

340

JouRNAL OF THE HousE.

cheapened-these and many other practical reasons are demanding good roads. Furthermore, we must bear in mind, that between the city and the country there has existed for ages an indefinable wall which good roads more than any other factor will break down. The city man and the country man have not had the time to get together. Since their lots are, in great measure cast in different lines, they live apart.

Good roads mean easy transit, hence quick transit; again, good roads mean getting face to face, mutual understanding, sympathy with each other, accord, co-operation, fellowship and unification of interests. In other words, good roads will cause a greater commingling or association of city people with country people. Thus we will know each other better, and as one of Georgia's greatest sons said a generation ago: ''Let us know each other and we will love each other." All lines of business, th schools and churches, as well as the State's taxable resources will be advanced by good roads. Therefore, there can be no doubt of the wisdom of our platform mandate as to the disposition of the convict question. Convicts should be employed upon the public roads or works, and no traffic in convict hibor should be allcwed. Frequent inspections of the various camps should be made in order to pre-

THURSDAY, JULY 1, 1909.

341

vent, as far as possible, violations of the rules of the Prison Commission. Feeble and disabled convicts should be placed upon a farm for their support and maintenance.

The operation of the Act of 1908 has suggested to the authorities charged with its execution the necessity of some amendments. Looking to the perfection of the law, I bespeak for such measures your most careful consideration.

CoMMON CARRIERS.
The Convention which named the present administration of this State also made the following declaration of principles:
I
"We believe in the strict control and firm regulation of all public utility corporations, and favor . prescribing such freight and passenger rates as will be just to the co_rporations and to the traveling and shipping public, and such rules as will give to shippers expeditious and safe transportation, and quick adjustment of all claims for overcharges, damage and demurrage; and to passengers regular schedules, comfortable coaches, well-lighted and (in winter) well-heated waiting rooms, with the necessaries for comfort. To further secure the accomplishment of the above end, we favor the require-

342

JouRNAL OF THE HousE.

ment that the common carriers shall maintain their road-beds in safe condition, and shall provide/such warehouses and other terminal facilities as the ex.. panding commerce of our State demands.''
-'
The words in the paragraph quoted embody the fixed policy of this State for many years past. It is indispensable that the State retain supervisory control of the creatures it brings into being. It is true that a corporation is an artificial person; but it is a person with no greater powers than its creators have given it. The purpose of government supervision and regulation of utility corporations is not to destroy the property of the corporation, but to preserve and safe-guard the rights of the people. The interests of the two are inseparable. When you injure one you do violence to the other. A true . healthful prosperity in one is a sure sign of prosperity in the other.
The legislation which created the Railroad Commission of .Georgia was brought about by certain arbitrary acts and discriminatory rates by the railroad managers 'which highly offended the minds of the p_eople. There was unreasonable delay in settling claims for overcharge and damage, in furnishing cars for forwarding freight, and in the expeditious handling thereof after it was received. There were frequently no fires in the waitj.ng rooms

THURSDAY, JULY 1, 1909.

343

m cold weather, often no lights, and the depots themselves were too small or inconveniently located for accorp.modating travelers. There were many other abuses whieh required correction, hence the law creating the Railroad Commission was enacted, and from time to time has been supplemented by legislation which the public needs demanded.

I regard it as unfortunate that railroads should have become the bone of political contention in this State. While abnormal increase in traffic of several years ago, due to the rapid growtn and development of our State and its industries at that time, had much to do with the inability of the railroads to render proper and satisfactory transportation services, thereby causing much irritation to the public, it cannot be doubted that there were other just causes of complaint on the part of the people which could not be fairly attributed to mere increase in business. Among some of these complaints were the frequency of overcharges and inaccuracies in freight bills; long delays in the settlement of just claims; lack of proper consideration for the interests of the shipper and consignees of freight. Undoubte lly _these evils ought to be corrected. Certainly they shou13 be diminished as far as the regulating
\.
power of the State can diminish them. But regulation and correction of evil is quite a different matter

344

JouRNAL OF THE HousE.

from retaliation or revenge. As a matter of fact, neither revenge nor retaliation should have any place in government or legislation.
It frequently happens that when the people have a just -grievance against a public service corporation, it is comparatively easy to arouse public passion and prejudice to such an extent, that instead of attempting to correct existing- evils, they content themselves with punishing the corporation in other ways, and when the pendulum of popular feeling has spent its force and exhausted its power in revenge alone, and the wreck is surveyed, it swings b~ck to the other extreme, leaving the real evils uncorrected.
I, therefore, suggest to you the advisability of providing by direct legislation, some fair and reasonable method whereby the individual shipper and consignee of freight may enforce his rights, and obtain redress promptly in the courts of the State, for overcharges in freight, and for delays in the settlement of just claims. This can be done by legislation providing reason~ble penalties for delays in settling claims. In my opinion such laws will prove a much more efficient remedy to the individual shipper and consignee, who can bring suits in their local courts, if they prefer, rather than pursue the present indirect method of relief through the Railroad Commission.

THURSDAY, JULY 1, 1909.

345

DouBLE TRACKING MAIN LINES.

Reductions in the income of the owners of common carriers should only be made when necessary to remove unjust discrimination, or when the reduction will remove unjust burdens from the masses. Statistics, we should bear in mind, show that 70 per cent. of the gross earnings of the carriers go directly or ultimately to labor; hence, when reductions in gross earnings are made, labor is the first ,loser, and the farmer who feeds labor is the second.
If, therefore, the future policy of the State be to abstain from unwarranted reduction of rates, i. e., the income of the owners of these carriers, it will in a few years be in a position legally and fairly to require the carriers to greatly improve their roadbeds; to build larger depots and more comfortable waiting -rooms with modern conveniences; to increase their side-tracks, add more 'passenger trains and like improvements.
The continuous dread by the owners of common carriers that their income would be unreasonably reduced, has been given, time and again, as the reason for not improving their tracks and depots and amplifying their service. This very dread has been voiced as the reason why the owners of some

346

JouRNAL OF THE HousE.

of our main lines do not lay down dortble-track!:l. They admit that the expanding commerce of this State and section requires double-tracks; but say, that to build them they must borrow money, and that if they should do so the State authorit1es, ignoring the fact that the money to be used for this puipose was borrowed, would renuce their income.

'

Experience would seem to justify them in this ap-

prehension. As Georgia is more interested in hav-

ing her main lines double-tracked, thus adding im-

mensely to the safety of life and the expeditious

handling of persons and property, than she is in

making unjust reductions in rates which reach only

certain classes, it is worth your while to consider

the matter of authorizing the Railroad Commission

to confer with the authorities of the main lines with

the view of double-tracking them; yet, nothing herein

should be construed as advocating any increase in

the rates now in effect.

There are about 1,650 miles of main line, in this State. It is estimated that the c.ost of doubletracking would average $15,000 per mile. Therefore
I
the total cost for all the lines would approximate $25,000,000. Outside of steel rails, which could be largely if not entirely supplied from Birmingham, in our sister State, Alabama, the money would be

THURSDAY, JULY 1, 1909.

347

mostly spent in Georgia for labor and for .crossties and other materials. It is safe to say that twothirds of the $25,000,000 would lodge in Georgia.
It would seem the part of wisdom for Georgia to take the lead in the movement to secure state-wide double-tracking of the main. lines of common carriers. If attained, not only would the money spent during the few years the building progressed quicken the commerce of the entire State, resulting in greater security of life, etc., but the carriers would need many more permanent employees whom the ..farmers must feed and otherwise furnish.

MUNICIPAL CoNTROL.
Another utterance in the platform declaration from which I have quoted should have attention here, viz.:
''Such public utility corporations as are purely local in their operation, should'be left to the control of the municipalities in which they are located."
I unhesitatingly commend the above. Local selfgovernment is the bed-rock of our rights, and the paternalism manifest in' some portions of our present law 'enlarging the powers of the Railroad Commission should be eliminated.

348

JouRNAL oF THE HousE.

RAILROAD COMMISSIO;,.

I respectfully call your attention to the amendment, or addition, to the Railroad Commission law, approved August 22, 1907, regulating the issuance of stocks and bonds by common carrier corporations. The theory upon which the above ameniment was founded is, on the surface quite tenable, but an examination by you will show that the result will be. the practical stay in railroad building in Georgia save of branch or short lines.
,....lw P 1atfn:rr U"on Th:(h the '"'r"sent wlm:ni>"t~ll , t" T of G~crgia 'l""af': rhoPen, CCDtDiD!" the following leclaration:
"We are opposed to unnecessary offices wbich levy additional taxes on the people;- and we ask the legislature to scan carefully Georgia's pay-roll to the end that all sinecures be cut off. We especially favor a reduction in the membership of the Railroad Commission from :five to three, and the abolition of the office of special attorney to the same."
It is impossible for me to :find any ground upon which I can stand to argue against the foregoing. We should not for an instant consider the establishment or maintenance of "unnecessary offices which levy additional taxes upon the people." If we have

THURSDAY, JULY 1, 1909.

349

s"?ch offices now, they should be cut off and the burdens of the people lessened to the extent of such needless expense.

As to the Railroad Commission, the Act enlarging its powers, approved August 22, 1907, created four absolutely "unnecessary offices which levy additional taxes upon the people,'' namely:

Two extra Commissioners, salaries aggregating ----------------------$
Attorney to the Commission, salary__ Rate Expert, salary-----------------

5,000 2,500 3,000

$ 10,500 Add increased compensation to the
Chairman -------------- --------- 1,500

Total ------------------------$ 12,000
The original law establishing the Railroad Commission provided for three Commissioners. Their salaries were fixed at twenty-five hundred dollars each. The Act enlarging the powers of the Railroad Commission retained the three Commissioners with salaries aggregating seven thousand five hundred dollars, and added twelve thousand dollars to this pay-roll.

350

JoURNAL OF THE HousE.

It will be noted that besides more than doubling the salary account of members of the Board, there has been added a rate expert, whose salary, payable by the people, has been fixed at $3,000.

Under the long maintained composition of the Commission, one of the members was required to be "of experience in the law" and one "of experience in the railway business,'' whereas, under the amended law, each Commissioner shall be elecfed "without reference to his experience in law or railway business." The present Board is composed of four lawyers and one farmer, and it has demonstrated the lack of wisdom in the change of the law by the necessity of employing a rate expert at the expense to the State of $3,000 per annum.

We would find a parallel to this extraordinary Board if the members of the Supreme Court of Georgia were composed of good industrious carpenters and farmers, each appointed "without reference to his experience in law,'' who should employ a legal expert to keep the law straight in their hearings and written decisions.

Or, another parallel would be, the appointment of a preacher who never lived outside the city, as Commissioner of Agriculture.

THURSDAY, JULY 1, 1909.

351

On this subject it is pertinent to state that the official organ of the Farmers' Union of Georgia advocates, and I think with reason, the establ\shment of the office of County Commissioner of Agriculture, or the establishment of an Agricultural Department in some form in each county. It copies, with seeming approval, a law of the State of Mississippi establishing such a department in the counties of that State.. From this law I note that the County Commissioner of Agriculture ''shall be a person well versed in scientific and practical agriculture.''
The requirement that one of the Railroad Commissioners shall be of ''experience in the railway business" should be restored in the law; or experience has shown that probably the better words would be "experience in rate making and other matters of railway business'' thereby increasing the efficiency of the Commission.
The sinecures provided in the amended Railroad Commission law are too patent to justify discussion, hence I submit the subject to you withmerely these crucial questions :
What has the Railroad Commission of five members, with a special attorney and a rate expert done, which a Railroad Commission of three memberJ

352

JouRNAL OF THE HousE.

I

composed as under the law could not have done, if clothed with the same powers now existing?

If three Commissioners (each with qualifications formerly required, and each clothed with the same powers now conferred upon five Commissioners) could have done during the past two years and can do in future the same things done and to be done by the five Commissioners, the attorney for the Commission and the rate expert, why should the taxpayers of Georgia be burdened with the unnecessary salaries now paid to the two surplus Commissioners and the two other gentlemen associated with them?

REGISTRATION LAw.

I wish to call your attention to the serious defects and unnecessary barriers in the registration law passed by your immediate predecessor. As pointed out by our able Attorney-General in his annual report, no provision was made for registry lists before the general election in 1910. This omission has already caused considerable confusion in connection with holding special elections, and unless corrected, will cause more, besides laying serious grounds upon which to question the validity of every special election ordered under its terms.

THURSDAY, JULY 1, 1909.

353

In my judgment, however, one of the main provisions of the law should be amended. It provides that the registry lists shall be closed on April 1st of election years, or more than six months in advance of the election. I recommend that this be changed, so that the interim bet~een the closing of the lists and of the elections may be no more than 30 days before general, special or primary elections.

It is a well-known fact that a large majority of our farmers and business men do not pay their taxes in person, but by agents or by check. It is therefore easy to see how the present law will practically disfranchise many good citiz~ns.
To require the citizens of Georgia to register six months in advance of the election is entirely too drast~c. We presume that the average Georgia voter is honest. This Act presumes that he is not, and seeks to shut him out unawares from the natural right of a free citizen, i. e., the right to vote. Tl;le law should make it easy, not hard, for a man to vote, the presumption of innocence being on his side.
We should abstain as far as possible from restric tive legislation; for the true democratic idea is that the citizen shall have the greatest possible freedom, so long as it does not interfere with the right~ of others. The law ought not assume, as restrictive

12-hj .

354

JouRNAL OF THE HousE.

legislation such as this does, that practically all people are corrupt.
I agree that the purity of the ballot is one of the bed-rocks of our institutions. Drastic legislation along this line tends to defeat its own purpose, and to augment the evil aimed at. The venal person who makes of his franchise an article of trade will, for selfish reasons, be on his guard and get in position to deliver his vote. But the honest farmer, mechanic, laborer or business man, interested in his own business, usually neglects to register until the stress of political contest impresses him with its importance. To require that all register six months before the election would have the effect of enhancing the importance of the corrupt voters, as the bulk of them will take pains to qualify, while many honest citizens, through excusable neglect, will be excluded from the exercise of the ballot.

The registration law affects every citizen. The laws against felonies and crimes in general affect only those who commit the crimes. Why should tht> citizen in the exercise of his highest right be presumed a criminal? Election laws sliould be aimed at the corrupt voter, and should not in their operation impair the power of the honest voter in the exercise of his right as a free citizen.

THURSDAY, JuLY 1, 1909.

355

LOBBYING.
I trust that you will not ignore the demand of the Convention that lobbying shall cease, and I urge that laws be framed which will rigidly enforce the will of the people, as is so plainly expressed in our Constitution.
STATE BANKS.

State Banks are indispensable. They hav:e become one of the greatest factors in the develop1Hent of our resources. No prosperous city or town can very well handle its commerce without a goocl strong banking institution, through which it may transact business with other cities and towns.
Just but rigid laws should be enacted so as to . give the innocent depositor, who simply deposits l1is
money. for safekeeping, every protection that he deserves. The enactment and enforcement of rigid banking laws will not only protect the depositor, but will greatly increase the deposits in all such institutions. .All penalties for violating the hiw applicable to banks of issue ~hould be made to apply to every bank chartered under the laws of Georgia, and we should require as strict inspection as is required by the Federal law for National Banks.

356

JOURNAL OF THE HousE.

GAME LAWS.
I respectfully call to your attention the necessities for changes in our game laws. Birds and other game, once plentiful, are now scarce and in some localities almost exterminated.
Besides preserving them as game, we must hold in mind that birds are man's best protectors against the insects which do damage to fruits, garden and field crops. It has been estimated that insects would render the growing of some classes of products an impossibility if the birds were exterminated.
It would be better to shorten the season for killin~ game, and limitations should be placed upon the exportation of game from the State.

FISH AND OYSTERS.
Our laws as to fishing should also be in harmony with the plan to stock the streams with fish and to give them such protection as will cause them to increase rather than become extinct.
.And upon this line I suggest that a joint committe~ be named by the General .Assembly to examine the State laws of Maryland~ Virginia and other coastal States on the subject of acquisition

THURSDAY, JULY 1, 1909.

357

and protection of oyster-beds, with the view to making these beds a source of income to our people and of revenue to the State.

Our coastal waters are as good for the'propagation of oysters as are those of other sea-adjoining States; and if they, notably Maryland and Virginia, derive large annual revenue from this source, it would be well for Georgia to do the same.

STATE MILITARY.
In the langU.age of our Constitution, ''a well regulated Militia being essential to the peace a:nd security of the State," it is the duty and should be the pleasure of the General Assembly to give proper support and encouragement by appropriate legislation to this important part of the State Gover:bment.
In t.his connection I beg to call your attention to the various military schools in the State. These schools are ilnportant feeders to the military organizations of the State, and should be recognized by such appropriate legislation as will make them a part of the system. This may be done by authorizing the Governor to commission the principals or commandants of such schools as may comply with the necessary requirements.

358

JOURNAL OF THE HousE.

CoNFEDERATE SoLDIERs.
It is a source of congratulation that your predecessors, in conformity with the Democratic platforro of 1908, ena:cted legislation whereby we have returned to annual payment of pensions to Confederate soldiers.
It will be necessary for the General Assembly to enact suitable legislation to carry into effect the constitutional provision extending pensions to all Confederate soldiers, and widows of Confederate soldiers who are not worth exceeding $1;500. In providing pensioiJ.s for this new class care. should be taken that no reductions be made in the amounts paid pensioners enrolled. under.the existing law. Before passing upon this question I suggest that your bodies, through appropriate committees take the necessary steps to ascertain the probable number who will come within the requirements of the Constitution as amended. Investigation on this line will
' enable you to make an appropriation that will pre-
vent the recurrence of delays in payments which have heretofore attended the addition of new classes to our p~nsion rolls.
I respectfully call your attention to the Confederate Cemeteries near Resaca and in Marietta, which

THURSDAY, JULY 1, 1909.

359

our State has accepted as the wards of her future care. These hallowed resting places should at all times be kept in such order as befits the affection our people cherish for the he.roic ones who braved war's terrors and died for Georgia's honor.

As further evidence of Georgia's enduring gratitude let me urge that you take under consideration the erection, in the Capitol Square in Atlanta, of a monument to the memory of the Confederate -dead: Tireless in valiant deeds, loyal in love, true. to ideals high, and faithful unto death, their story lights a page which reads, "Death is the gate to life!"

Let us inspire our children now to emulate their worth; let us through future ages prove Georgia constant in truth.

In conclusion, I trust that you will allow me to express the high appreciation in which I bold your honorable bodies, and the co!lfidence I feel in the loyalty to our State, and in the fidelity to her Constitution which inspires the heart of each member. While you doubtless will differ at times, as to policies, or the application of pr~nciples, with each other and with the Executive, I feel assured that your and our differences, if such there should be, will be found

360

JOURNAL OF THE HousE.

bordered by~ circle within which we can all unite-a cir~l~ w~ereon, written as in letters of gold, we read the words, ''Love for Georgia.''
Respectfully submitted,

JosEPH M.BROWN,
Governor.

.Discussjon of the resolution by Mr. Hardeman, of J e:fferson, relative to the suspension of Chairman S. G. McLendon, of the Railroad Commission, was resumed, and at the hour of 12 :45 o'clock having arrived, the previous question was called ;and the main question ordered.
Mr. Wright, of Floyd, proposed to amend .the resolution of Mr. Hardeman by adding thereto the following:
''And, whereas, it has been currently rumored and stated that said Commissioner has been in some way concerned in dealing in the securities of railroad companies, or a railroad comp~ny, and said Commissioner has been quoted in the press as admitting that the charge is true, and has offered some excuse or justification therefor, it is therefore further resolved that said Committee inquire fully into all the facts pertaining' to such dealings und report the facts and evidence thereon to the House.''

THURSDAY, JULY 1, 1909.

361

On the adoption of the above amendment, Mr. Alexander called for the ayes and nays, which call - was sustained, and the vote was as follows:

Those voting m the affirmative were Messrs. :

Adams

Fender

Marshall

Alexander of DeKalb Field of DeKalb

Mead'ows of Toom'l:p!

Allen

Ford

Miller of Calhoun

Alley

Garlington

Miller of Ware

Anderson of Bulloch Graddick

Milikin

Atherton

Griffin of Sumter Minter

Atkinson

Guyton

Moore

Ault

B!!ll

Moss

Bailey

' Hardeman of J eft's 'n MacFarland

Baker

Hardman of Jackson MacintyYe

Beasley

Harrington

McConnell

Bell

Harvey

McCrory

Booker

Hatfield

McCurry

Boyd

Helms

McCutchen

Brinson of Decatur Henderson of Turrler McElreath

Brown of Murray Hendricks

McMichael of Butts

Butt

Holder of Floyd

McMichael of Marion

Calbeck

Howell

McWhorter

Carswell

Hubbard

Oliver

Carter

Hullender

Parker of Decatur

Chandler

Huie

Parker of Talbot

Cooke

Johnson of Bartow Paulk

Cordell

Johnson of Jeff Davis Pierce

Couch

Johnson of Towns Pope

Cowan

Jones of Mitchell Price

.Culberson

Keith

Pr;ctor

Davis

Kelley

neaves

Dickson

Kendrick

Redding

Drawdy

Kennedy

Reid of Putnam

Edwards

Kicklighter

Rogers

Elder

Kidd

Sheppard

Ellis

Kirby

Shirley

English

Littleton

Simpson

Evan1

Lovejoy

Slade

362

JouRNAL oF THE HousE.

Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Tarver Tippins Tracey

Tuggle Turner 'l'urnipseed Upshaw Vinson Waddell Walters Wasden

Watkins White of Screven Wight o Grady Wood Woodliff Wright of Floyd Wright of Stewart

.Those voting m the negative were Messrs.:

Alexander of Fulton. Fullbright

Anderson of Chatham Gastley

Armistead

Gillis

Barksdale

Griffin of Twiggs

Barrett

Heard

Brinson of Emanuel Henderson of Irwin

Brown of Carroll Holtzclaw

Brown of Fulton

Joiner

Burch

Jones of Laurens

Cannon

Lewis

Childs

Lord

Converse

Middlebrooks

Daniel

Mitchell

Faircloth

McArthur

McMahan Peacock Persons Porter Reese Reid of Campbell Reid of Macon Rentz Roberts Simmons Whiteley Williams Wohlwendt>r

Those not voting were Messrs. :

B~gley
Beacham Berry Brown of Henry Buxton Cureton

Edmondson

Ellison

Fields of Crisp

Godley



Hill

Jones of Meriwether

Lawrence Meadows of Telfair McCarthy Rosser Stubbs Mr. Speaker

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

THURSDAY, JULY 1, 1909.

363

On the adoption of the amendment the ayes were 125, nays 41. The amendment was therefore a~opted.
'Ihe following substitute for the original resolution was offered by Mr. Anderson, of Chatham, towit:
Resolved, That the special message of Governor Smith of June 25th, 1909, together with the written reply of Ron; S. G. McLendon, be referred to a Special Committee of fifteen members of the House with instructions to report back their action in the premises within one week from the date of their appointment.
The following amendment to the above was adopted, to-wit:

By Mr. Mitchell, of Pierce-

To amend by addlllg the following: ''The said Committee shall have full powers to call for any witnesses and papers they see fit and to require the appearance and production of the same as fully as may be done under subpoenas from a Superior Court and under such penalty as the House may impose for default.''
On the adoption of the substitute as amended the ayes and nays were ordered, and the vote was as follows:

364

JouRNAL OF THE HousE.

Those voting in the affirmative were Messrs. :

Alexander of Fulton Evans

Anderson of Bulloch Faircloth

Anderson of Chatham Field of DeKalb

Ault

Fullbright

Barksdale

Gillis

Barrett

Griffin of Twiggs

Beacham

Hall

Bell

Heard

Boyd

Henderson of Irwin

Brinson of Emanuel HoldeJ.: of Floyd

BroV~;n _of Carroll

Holtzclaw

Burch

Jones of Laurens

Butt

Jones of Meriwether

CaRnon

Kicklighter

Childs

Lawrence

Converse

Lewis

Daniel

Middlebrooks

Davis

Miller of Calhoun

Drawdy
Eiu8

Miller of Ware Mitchell

Macintyre McArthur McCarthy McCutehen McMahan McMichael of Butts Redding Reese Reid of Campbell Rentz .Roberts Simmons Simpson Strong Vinson Wasden Williams Wohlwender

Those voting m the negative were Messrs.:

Adams

Carter

Al(!xander _of DeKalb . phandler

Allen

Cooke

Alley

Cordell

Armi1tead

Couch

Atherton

Cowan

Atkinson

Culberson

Bailey

Dickson

Baker

Edwards

Beasley

Elder

Booker

English

Brinson of Decatur
. Brown of Henry Brown of Murray

Fender Ford Garlington

Cii.lbeek

Gastley

Carswell

Godley

Graddick Griffin of Sumter Guyton Hardeman of Jeffs'n Hardman of Jackson Harrington Harvey Hatfield Helms Henderson of Tur.er Hendricks Howell Hubbard. Hull!'nd!'r Huie Johnson of Bartow

THURSDAY, JULY 1, 1909.

365

Johnson of Towns

Joiner

Jones of Mitehell

Kelley

Kendriek

Kennedy

Kidd

Kirby

Littleton

Lord

Lovejoy

'

Marshall

Mi}ikin

Minter

Moore

Moss

MaeFarland

McConnell

McCrory

McCurry

MeElreath MeMiehael of Marion MeWhorter Oliver Parker of Deeatur Parker of Talbot Paulk Peaeoek Persons Pieree Pope Porter Priee Proetor Reid of Maeon Reid of Putnam Rogers Sheppard Shirley Slade

Smith of Gilmer

Smith of Tattnall

Smith of Walton

Stovall

Tarver



Tippins

Traeey

Tuggle

Turner

'l urnipseed

Upshaw

Waddell

Walters

Watkins

White of Sereven

Whiteley

Vi ight of Grady

Wood

Woodliff

Wright of Stewart

Those not voting were Messrs. :

Bagley 'Berry
Brown of Fulton Buxton Cureton Edmondson

Ellison

Meadows of Toombs

Fields of Crisp

Reaves

Hill

Rosser

Johnson of Jeff Davis Stubbs

Keith

Wright of Floyd

Meadows d Telfair Mr. Speaker

The roll was verified and on counting the votes cast, it was found that the ayes were 58, nays 108. The substitute, as amended, was therefore lost.

On the adoption of the original resolution as

-366

JouRNAL OF THE HousE.

amended the ayes were 118, nays 13. The resolution was therefore adopted as amended..
T!ieave of absence was granted
Messrs. REAVEs, of McDuffie, JOINER, of Washington, HARVEY, of Wilcox, BEAUCHAMP, of Dooly, STRONG, of Early, .BAGLEY, of Chattahoochee.

The Speaker then announced the House adjourned until 10 o'clock tomorrow morning.

FRIDAY, JtJLy 2, 1909.

367

ATLANTA, .GEORGIA,

FRIDAY, JULY 2nd, 1909.

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

Brown of Fulton

Alexander of DeKalb Brown of Henry

Alexander of Fulton Brown of Murray

Allen

Burch

Alley

Butt

Anderson of Bulloch Buxton

Anderson of Chatham Calbeck

Armistead

Cannon

Atherton

Carswell

Atkinson

Carter

Ault

Chandler

Barksdale

Childs

Bagley

Converse

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Beacham

Cowan

Beasley

Culberson

Bell

Cureton

Berry

Daniel

Booker

Davis

Boyd

Dickson

Brinson of Decatur Drawdy

Brinson of Emanuel Edmondson

Brown of Carroll

Edwards

Elder Ellis Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Goodley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J eft's 'n Hardman of Jackson Harrington Harvey Hatfield

368

. JouRN'AL OF THE HousE. -

Heard

Milikin

Rogers

Helms

Minter

Rosser

Henderson of Irwin Mitchell

Sheppard

Henderson of Turner Moore

Shirley

Hendricks

Moss

Simmons

Hill

MacFarland

Simpson

Holder of Floyd

Macintyre

Slade

Holtzclaw

McArthur

Smith of Gilmer

Howell

McCarthy

Smith of Tattnall

Hubbard

McConnell

Smith of Walton

Hullendtr

McCrory

Stovall

Huie

McCurry

Strong

.Johnson of Bartow McCutchan

Stubbs

.Johnson of .Jeff Davis McElreath

Tarver

.Johnson of Towns McMahan

Tippins

.Joiner

McMichael of Butts Tracey

Jones of Laurens McMichael of Marion Tuggle

.Jones of Meriwether McWhorter

Turner

.Jones of Mitchell Oliver

Turnipseed

Keith

Parker of Decatur Upshaw

Kelley

Parker of Talbot

vinson

Kendrick

Paulk

Waddell

Kennedy

Peacock

Walters

Kicklighter

Persons

Wasden

Kidd

Pierce

Watkins

Kirby

Pope

White of Screven

Lawrence

Porter

Whiteley

Lewis

Price

Wig~t of Grady

Littleton

Proctor

Williams

Lord

Heaves

Wohlwender

Lovejoy

Hedding

Wood

Marshall

Heese

Woodliff

Meadows of Telfair Heid of Campbell

Wright of rloyd

Meadows of Toombs Reid of Macon

Wright of Stewart

Middlebrooks

Reid of Putnam

Mr. Speaker

Miller of Calhoun Hentz

Miller of Ware

Roberts

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

FluDAY, JULY 2, 1909.

369

The following resolution was read and referred to the Committee on Hall and Rooms, to-wit:

By Mr. Butt, of Fannin-

A resolution to encourage the keeping of the galleries of the House in a cleaner and better condition.
By direction of the Speaker, the Governor's Message, which was received on yesterday, was taken up and read.
The following resolution was taken from the table, to-wit:

By Mr. Butt, of Fannin-

A resolution providing that when the House adjourn on next Saturday, July 3d, it adjourn to meet again on T'uesday, July 6, at 10 o'clock A. M.
Mr. Fullbright proposed the following amend. ment, which was adopted, to-wit:
To amend by striking words "next Saturday" and inserting word "today."
The resolution. was then adopted as amended.
The following message was received fr?m the Senate through Mr. Northen, Secretary thereof:

370

JouRNAL OF THE HousE.

Mr. Speaker:
The Senate has concurred in as amended the fol. lowing resolution of the House, to-wit:

A resolution providing for a Joint Committee from the Senate and House of Representatives to investigate the suspension of Hon. S. G. McLendon, Railroad Commissioner.

The Committee on part of Senate under above resolution are:
Messrs. BuRWELL, Chairman; SLATER, MATHEWS, CALHOUN, GoRDY.

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

By Messrs. Alley, of White, and Brown, of Murray~

A bill to provide for taxing dogs. Referred to Gommittee 'On General Agriculture. :..

. FRIDAY, JULY 2, 1909.

371

By Mr. Tarver, of Whitfield-

A. bill to amend Section 2864, Volume II, of the Code of 1895.

Referred to Committee on General Judiciary.
[q
By Mr. Tracey, of Webster-
A bill. to amend an Act relative to the County Board of Commissioners of Webster County.

Referred to Committee on Counties and County Matters.
By Mr. Reid, of Campbell-

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

Referred to Committee on Education.
By Messrs. White, of Screven, and Johnson, of Bartow-

A bill relating to the liability of common carriers to their employees.

Referred to Committee on General Judiciary.

372

JouRNAL OF THE HousE.

By Mr. Keith, of Meriwether-

A resolution .to pay Will Kelly certain money. Referred to Committee on Appropriations.

By Messrs. Littleton, Garlington and Pierce, of Richmond-

A bill to create a River and Canal Commission for the protection of the City of Augusta.
Referred to Committee on Special Judiciary.

By Mr. Holder, of Floyd-
A bill to prohibit the building of storage houses for powder.
Referred to Committee on Counties and County Matters.
.By Mr. Ellis, of Bibb-
A bill to amend Paragraph 8, Section 2, Article 6 of the Constitution.
Referred to Committee on General Judiciary.

FRIDAY, JuLY 2, 1909.

373

By Mr. Brown, of Henry-

A bill to levy a tax on dogs. Referred to Committee on General Agriculture.

By Mr. Reid, of Campbell-
A resolution to authorize the State Treasurer to sign certain State bonds.
Referred to Committee on Ways and Means.
By Mr. Brown, of FultonA resolution to pay pension of Mrs. Lottie E.
Coker. Referred to Committee on Pensions.

By Mr. Faircloth-
A bill to prohibit charging more than 12 per cent. on any loan.
Referred to Committee on General Judiciary.

By Mr. Huie, of ClaytonA bill to amend Section 396 of the Penal Code. Referred to Committee on Special Judiciary.

374

J.ouRNAL OF THE HousE.

By Mr. Helms, of Paulding-
A bill to create a system of Public Schools in the town of Hiram.
Referred to Committee on Education.

By Mr. Moore, of Columbia-

A bill to amend and consolidate aU Acts to incorporate the town of Grovetown.
Referred to Committee on Special Judiciary.
By Mr. McCarthy, of Chatham-

A bill to fix and regulate fees for Justice of the Peace.
Referred to Committee on Special Judiciary.

;By Mr. Upshaw, of Douglas-
A bill to amend Sections 3828 and 3829, Volume II, .of the Code..
Referred to Committee on Special Judiciary.

By Mr. Stovall, of El~ert---:A bill to prohibitthe publishing the name of.any

FRIDAY, JULY 2, 1909.

375

person upon whom the crime of rape has been committed.
Referred to Committee on General Judiciary.

By Mr. Helms, of PauldingA resolution to pay pension to Mrs. F. E. Morgan. Referred to Committee on Pensions.

By Mr. _Brown, of Fulton-

A bill for the protection of hotel and sanitarium keepers.
Referred to Committee on Hygiene and Sanitation.

By Mr. Miller, of Calhoun-
A bill to amend an Act to create the City Court of Calhoun County.
Referre(l to Commit~ee on Special Judiciary.

By Mr. Brown, of Fulton-
A bill- to create. the office of Judge AdvocateGeneral.
Referred to Committee on -Military.

376

JouRNAL OF THE HousE.

By Messrs. Alexander, Brown and McElreath-

A resolution to pay Alex Appling certain monies. Referred to Committee on Appropriations.

By Mr. Brown, of Fulton-

A bill to regulate the sanitation of hotels, &e. Referred to Committee on: Hygiene and Sanitation.

By Messrs. McElreath and Calbeck-

A resolution to pay pension to Mrs. R. V. Morris.
I
Referred to Committee on Pensions.

By Mr. Ellis, of Bibb-

A bill to authorize the Mayor and Council of Macon to sell certain portions of streets and alleys:
Referred to Committee on Special Judiciary.

By Mr. Price, of Bartow-

A bill to provide for the protection of persons from rabid or stray dogs.
Referred to Committee on General Agriculture.

FRIDAY, JULY 2, 1909.

377

By Mr. Meadows, of Toombs'
A bill authorizing the Governor and State Librarian to furnish Colonial Records to schools and libraries.

Referred to Committee on Public Libraries.

By Mr. GarlingtonA bill to amend Section 680 of the Civil, Code. Referred to Committee on Special Judiciary.
By Mr. Beasley, of Lee-

A bill to allow defendants m City or County
Courts to demand a committal previous to being placed on trial. ,
Referred to Committee on General Judiciaty.
By ~r. Tippins, of Appling-

A bill to create the new County of Bleckley.

Heferred to Committee on Special Judiciary.

378

JouRNAL OF THE HousE.

By Mr. Walters, of Colquitt-

A bill to prevent dogs from running at large without being muzzled.
Referred to Committee on General Agriculture.'
By Mr. Brown, of Fulton-

A bill to amend an Act to re-organize the military forces of this State.
Referrea to Committee on Military.

By Messrs. Barksdale and Booker-

A bill to change the time of holding the Superior Court of Wilkes County.
Referred to Committee on Special Judiciary.

By unanimous consent Mr. Littleton was allowed to withdraw House Bill No. 219, providing for the creation of a Canal Commission.
The following Senate resolutions were taken up for concurrence, to-wit:

By Mr. Gordy, of Twenty-fourth DistrictA resolution providing for the joint session of

FRIDAY, JULY 2, 1909..

379

General Assembly on July 7th at 12 M. o''clock to consolidate the vote for U. S. Senator.
The following resolution was taken up and the Senate amendment concurred in, to-wit:

\

By Mr. Hardeman, of Jefferson-

A resolution providing for a joint Committee to investigate the suspension of Chainnan S. G. McLendon, of the Railroad Commission.
The Senate proposed .to amend by striking from the resolution the words "facts and."
The following Senate -resolution wa::; read and adopted, to-wit:

By Senators Gordy and Jackson-

A resolution providing for a joint Committee to re-arrange the Judicial Circuits.

By Mr. Burwell, of the Twentieth District-
A resolution providing .for a joint Committee to investigate the suspension of Chairman S. G. McLendon, of the Railroad Commission.
The above resolution was tabled on motion of Mr. Alexander, of DeKalb.

380

JoURNAL OF. THE HousE.

Py Mr. Lonley, of 37th district-

A resolution relative to the consular service of the United States.
Referred to Committee on State of the Republic.
The following resolution was read and adopted, to-wit:

By Mr. Fullbright, of Burke-

A resolution inviting Sena_tor A. S. Clay to address the GeneralAssembly on July 7th.
The Speaker announced the following Committee on the part of the House to investigate the suspension of Chairman S. G. McLendon, of the Railroad Commission, to-wit:
Messrs. HARDEMAN, of Jefferson. ANDERSON, of Chatham; WRIGHT, of Floyd;
ELus,
TuGGLE, BoYD, McELREATH, BROWN, of Carroll; SHEPPARD.

FRIDAY, JULY 2, 1909,

381

Leave of absence was granted Mr. Hall, of Bibb, for about ten days.

Leave of absence was granted Mr. Bailey, Of Miller.

The Speaker then announced the House adjourned until 10 o'clock next Tuesday morning.

382

JOURNAL OF THE HousE.

ATLANTA, GEORGIA,

TuESDAY, JuLY 6th, 1909.

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.

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

The Journal of last Friday's proceedings was

read and confirmed.

I

Mr. Stovall, of Elbert, asked unanimous consent that House Bill No. 299 be taken from the General Judiciary Committee and referred to the Committee on Constitutional Amendments, which request was granted.

Mr. Anderson, of Chatham, asked unanimous consent that the Speaker be allowed to appoint eleven members of the House who shall constitute the Committee on Rules, which was granted.
The following resolution was read_ and adopted, to-wit:

TuESDAY, JuLY 6, 1909.

383

By Mr. McElreath, of Fulton-
A resolution providing that the House proceed to
vote for a U. S. Senator at 11 :30 o'clock this day.
Upon request of the author, House Bill No. 285 was taken from the Committee on General Agriculture and referred to the Committee on Hygiene and Sanitation.
The Speaker appointeq the following Committee on Rules, to-wit:
Messrs. HoLDER, of Jackson, Ex-officio Chairman. ANDERSON, of Chatham, Vice-Chairman. ALEXANDER, of DeKalb, ELLIS, REm, of Campbell, BuTT, JONES: of Meriwether, MAciNTYRE, BARKSDALE, HARDEMAN, of Jefferson, SLADE, PERSONS.
The following resolution was read and referred to Committee on Appropriations:

384

JouRNAL Ol!' THE HousE.

By Mr. McWhorter, of Greene-

.

.

.

.

A resolution providing that the sum of $235,000

now in the Treasury, or so much thereof as was

collected from the tax on near beer, be .turned over

to the Treasury to pay the incidental expenses of

the State.

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

By Mr. Ellison, of HarrisA bill to amend the Charter of the town of Chipley. Referred to Committee on Corporations.

By Mr. Upshaw, of Douglas-
A bill to change the time of .holding the terms of the Superior Courts of Douglas County.
Referred to Committee on Special Judiciary.
On motion of Mr. Fullbright, the House took a recess subject to the call of the Chair.
The House was again called to order by the Speaker.
Mr. Anderson, of Chatham, Vice-Chairman of the Committee on Rules, submitted the following report:

TuESPAY, JuLY 6, 1909.

385

~H.r. Speak.er:

. i . J

Your Committee on Rules submit the following report:

The Committee recommends the adoption of the resolution of Mr. Wright, of Floyd, providing for the creation Of a new Committee to be known as the Committee on Insurance.
Adopted.

Committee also recommends the adoption of the resolution by Mr. Hardman, of Jackson, providing for the creation of a new Committee to be known a,s the Committe,e on Reformatories.
Adopted.
Committee further recommends the adoption of the resolution of Mr. Wright, of Floyd, providing for the creation of a new Committee to be kno'wn
' '
as the Committee on Forestry and Waterways.
Adopted.
Committee further recommends the creatibn of ;a

t:!-h .l

386

JouRNAL OF THE HousE.

new Committee to be known as the Committee on Engrossing.

Adopted.

July 6th, 1909.

Respectfully submitted, J. RANDOLPH ANDERSON, Vice-Chairman.

The following resolutions, favorably reported by the Committee on Rules, were adopted, to-wit:
By Mr. Wright, of Floyd-
A resolution providing for a new standing Committee to be known as Committee on Insurance.
By Messrs. Holder and HardmanA resolution providing for a new standing Com-
mittee to be known a~ the Committee on Reformatories.
By Mr. Wright, of Floyd-A resolution providing for a new standing Com-
mittee to be known as the Committee on Forestry and Waterways.

TUESDAY)JULY 6, 1909.

387

By th~ Committee on Rules-
A resolution providing that a new standing Committee be appointed to be known as the Committee on Engrossing.
The. House took a recess, subject to the call of the Speaker.
The House was again called to order by the Speaker, who then announced the following standing Committees of the House:

388

JOURNAL OF THE Hous':E.

STANDING coMMITTEES

''

'

.

OF THE HOUSE

ACADEMY FOR THE BLIND.

CALBECK, Chairman.

PAULK, Vice-Chairman.

Woodliff, Minter, Joiner, Bagley, Berry, Rogers, Jones, of Laurens, Wood, McConnell, Kicklighter, Watkins, Turner, Atherton, Meadows, of Telfair, Carter,

'Valters, Whiteley, Holder, of Floyfl, Beasley, 'Tracey, Evans, Godley, Griffin, of Twiggs, Buxton, Ellison, Persons, Cannon, Howe11, Couch, Waddell,

Tu.EsDAY, JULY 6, 1909.

AMENDMENTS TO CONSTITUTION.

PERSONS, Chairman.

ANDERSON, of Bulloch, Vice-Chairman.

Ellis, Ault, Carswell, Kennedy, Barrett, Gillis, Meadows, of Telfair, Fullbright, Lewis, Macintyre, Mitchell, Paulk, Hall, Baker, Chandler, Johnson, of Bartow, Alexander, of DeKalb, Beasley,

Jones, of Meriwether, Davis, Lawrence, Hardeman, of J e:fferson, Pierce, Hardman, of Jackson, Holtzclaw, Reid, of Macon, Wight, Lovejoy, Alexander, of Fulton, McArthur, Reid, of Campbell, Rosser, McElreath, Brown, of Carroll, Butt, Burch.

390

JOURNAL OF THE HousE.

APPROPRIATIONS.

JoNEs, of Meriwether, Chairman.

CARSWELL, Vice-Chairman.

Boyd, Stovall, Parker, of Talbot, Converse, Tuggle, Macintyre, Jones, of Mitchell, McCurry, Ault, English, Tarver, Paulk, Kirby, For'd, McMahan, Reid, of Putnam, Baker, Atkinson, Smith, of Walton, Buxton, H1uie, Griffin, of Sumter, Brinson, of Decatur, Meadows, of Toombs, Brinson, of Emanuel, Daniell, Brown, of Fulton, Hardman, of Jackson, Ellis, Brown, of Carroll, Lawrence, of Chatham,

Porter, Ellison, Johnson, of Bartow, Vinson, Beasley, Gastley, Garlington, Oliver, Rogers, Hubbard, Hall, Kendrick, Guyton, :Williams, Edmondson, McConnel1, Marshall, Miller, of Ware, Gillis, Armistead, Proctor, Kennedy, .Joiner, Anderson, of Bulloch, Alexander, of DeKalb, Keith, Adams,
Johnson, of Towns, Alexander; of Fulton, Allen, Barrett,

TUESDAY, JuLY 6, 1909.

191

AUDITING.

ATKINSON, Chairman.

DANIELL, Vice-Chairman.

Johnson, of Towns, Atherton, Ford, 'J'uggle, Hall.

Tracey, Strong, Hullender, EdmoD dson,
Join~r.

392

JouRNAL OF. THE HousE.

BANKS AND BANKING.

HEARD, Chairman.

WIGHT, Vice-Chairman.

Turner,

Converse,

Johnson, of Jeff Davis, Jones, of MitchelL

Peacock, ,

Pierce,

Atherton,

Childs,

Upshaw,

Sheppard,

Kelley,

McCrory,

Ellison,

Brinson, of Decatur.

Marshall,

Cordell,

Hatfield,

Simmons,

McCarthy,

Alexander, of Fulton,

Reid, of Macon,

Dickson,

McMichael, of Rutts, H.oberts,

Huie,

Beacham,

Henderson, of Irwin, Holder, of Floyd,

Gillis,

Middlebrooks,

Ford,

Field, of DeKalb,

Kennedy,

Meadows, of 'felfair,

Henderson, .of Turner, Booker,

Fender,

Tippins,

McMahan,

Davis,

Barksdale,

Harvey,

Bailey,

McWhorter.

Couch,

TuESDAY, JuLY 6, 190!).

CORPORATIONS.

BuTT, Chairman.

KIRBY, Vice-Chairman.

Atkinson, Peacock, Bu'rch,
Upshaw, Watkins, Smith, of Gilmer, Buxton, McConnell, Adams, Tracey, Parker, of Decatur~ Brown, of Murray, McArthur, Davis, Lord, Pope, Keith, Helms, Field, of DeKalb, Minter, Harrington, Milikin, McWhorter, Whiteley, Henderson, of Turner,

Hill, Meadows, of Telfair, Shirley, Beacham, Turner, Hatfield, Griffin, of Twiggs, Carswellr Pierce, Sheppard, Meadows, of Toombs, McElreath, Ellis, Kidd, Kicklighter, Edwards, Bagley, Faircloth, Kelley, Wright, of Stewart, English, Fender,
Booker, Miller, of Calhoun.

394

JouRNAL OF THE HousE.

COUNTIES AND COUNTY MAT'J.lEHS.

MAciNTYRE, Chairman.

SHEPPARD, Vice-Chairman.

Drawdy, Simmons, McCurry, Gillis, McMichael, of Butts, Bailey, . Wasden, Cowan, Ford, Joiner, Paulk, Littleton, .Jone&, of Laurens, Hardman, of Jackson, Wood, Edmondson, Beasley, McCrory, Moore, Alexander, of Fulton, Kendrick, Fullbright, Smith, of Walton, Cal beck, Simpson, Carter,
~tovall,
Walters,

Brown, of Henry,

Barrett,

Smith, of Tattnall,

Oliver,

Tuggle,

~rarver,

Persons,

Brown, of Carroll,

Parker, of Talbot,

Strong,

Elder,

Waddell,

Hendricks,

Atherton,

H0ltzchw,

.,

Ellison,

Harvey,

Griffin, of Sumter,

Brinson, of Decatur,

H 111lendP-r:

Berry,

Fields, of Crisp,

MacFarhmd,

'Culberson,

Armistead,

Bell,

Holder, of Floyd,

.John:5on, of ,JP.ff Davis.

TUESDAY, J.ULY 6, 1909.

395

EDUCATION.

McMICHAEL, of Marion, Chairman.

HILI.-, Vice-Chairman.

Kirby, Parker, of Talbot, Minter, Smith, of Gilmer, Keith, ]Jnglish, MacFarland, Huie, Turner, Mitchell, Marshall, Pierce, Griffin, of Sumter, Stubbs, Meadows, of Toombs, Jones, of Laurens, Cordell, Moss, Harrington, Jones, of Mitchell, Littleton, Fields, of Crisp, Culberson, McArthur, Wright, of Stewart, Fender, Miner, of Ware, Johnson, of Bartow, Bell, Paulk, Wright, of Floyd,

Parker, of Decatur, Kennedy, Cowan, Slade, Hubbard, Barrett, Fullbright, Calbeck, Armistead, Rosser, Alexander, of DeKalb, Brown, of Henry, Beasley, Cannon, Stovall, Kelley, Brown, of Munay, White, of Screve11. Tarver, Kidd, Macintyre, Hatfield, 'Chandler,
Shirley, Hendricks, Lord, Bailey, Booker, Wood, McConnell, Persons.

396

JouRNAL OF THE HousE.

ENGROSSING.

Moss, Chairman.

UPSHAW, Vice-Chairman.

Armistead, Atkinson, Ault, Brown, of 11urray, Drawdy, Daniell, Beacham, Guyton,

Huie, Kirby, McCarthy, McCurry, Milikin, Moore, Tarver, Turner.

ENROLLMENT.

STUBBS, Chairman.

MAcFARLAND, Vice-Chairman.

Carswell, Kidd, Cannon, Parker, of Tnlbot, McCutchen, Edwards, Tuggle. Hill,

Williams,
.White, of 'screvc:1. McConnell, Berry, Booker, Beasley, Vinson, Buxton.

rJ1UESDAY, JuLY 6,.1909.

397.

EXCUSE OF MEMBERS.
I
MEAnows, of Toombs, Chairman.

SMITH, of Walton, Vice-Chairman.

Jones, of Meriwether, Johnson, Daniell,
McElrea~h,
Parker, of Talbot,

Bagley. Cal beck, Harvey, Adams, Booker.

.I;

FORESTRY AND WATERWAYS.

McARTHUR, Chairman.

STovALL, Vice-Chaii'man.

Beacham, Berry, Brown, of Henry, Carter, Dickson, Elder, Ellison, Ford, Griffin, of Twiggs, Harvey; Helms, Hullender, Kelly, Lovejoy,

Meadows, of Telfair, Mitchell, 'McCrory, Rentz, Proctor, Pope, Shirley,
Smith, of 'Valton, Strong; Tippins, Turnipseed, iWright, of Stewart, English, Miller, of Ware.

398

JouRNAL OF THE HousE.

GAME AND FISH.

GARLINGTON, Chairman.

PoPE, Vice-Chairman.

Carter, Kennedy, Minter, Upshaw, Marshall, Bell, Tippins, Strong, Reid, of Putnam, Gillis, Moore, Roberts, Tracey, W ohlwender, Jones, of Laurens, Kidd, Guyton, Whiteley, Meadows, of Telfair, English, Slade,

McCurry, Burch, Howell, Bagley, Buxton, Keith, Cal beck, Converse, McCutchen, Simmons, Daniell, Childs, Walters, Ellis, Kicklighter, Miller, of \Vnrc, McArthur, Milikin, Evans. Hardman, of Jackson.

TuESDAY, JuLY 6, 1909.

399.

GENERAL AGRICULTURE.

JoHNSON, of Bartow, Chairman.

REID, of Putnam, Vice-Chairman.

Armistead,

Keith,

Joiner,

Griffin, of Twiggs,

Henderson, of Irwin, Barksdale,

McMichael, of Marion, Boyd,

Strong,

Wood,

Tippim,

Hardman, of Jackson,

Couch,

Cook,

Huie,

Reid, of Campbell,

Elder,

Childs,

Hardeman, of Jefferson, Griffin, of Sumter,

Hubbard,

Brinson, of Decatur,

Tracey,

Cannon,

Harvey,

Minter,

Lawrence,

Reaves,

Cordell,

Woodliff,

Kidd,

Godley,

Watkins,

Parker, of Decatur,

Gastley,

Jones, of Mitche11,

Cowan,-

Ault,

Buxton,

Williams,

Bell,

Price,

Graddick,

McMichael, of Butts,

Brinson, of Emanuel, Kirby,

Proctor,

Smith, of Gilmer,

Vvaddell,

Bagley,

Harrington,

Shirley,

Smith, of Tattnall,

Whiteley,

Brown, of Fultou,

Rentz,

English,

McArthur,

400

iJouRNAL OF THE HousE.

Bo<,ker, J Lutfield, Walters, ]3arrett, Jones, of Laurens, . Carter, Marshall,

Henderson, of Turnc.r, Milikin, Daniell, Miller, of Ware, Peacock,. Vinson.
__ .d'

TUESDAY, JULY 6, 1909.

401

GENERAL JUDICIARY.

HALL, Chairman.

BROWN, of Carroll, Vice-Chairman.

Pierce,

Chandler,

Lewis,

Rosser,

i

Lawrence,

Butt,

Allen, of Upson,

Sheppard,

Wohlwender,

Vinson,

Moss,

Alexander, of Fulton,

Anderson, of Chatham,

Reese,

Holtzclaw,

Persons,

Barrett,

Cureton,

Ault,

Tuggle,

McCutchen,

Moore,

Guyton,

Meadows, of Telfair,

Fields, of Crisp,

McCurry,

Field, of DeKalb,

Wright, of Floyd,

Miller, of Calhoun,

Ellis,



Carswell,

Baker, Adams, Hardeman, of J eiferson, Fullbright, Alexander, of DeKalb, Anderson, of Bulloch, Garlington, Beasley, McCrory, Redding, White, of Screven, McElreath, Reid, of CampbeH, Tarver, Jones, of Meriwether, Middlebrooks, Lovejoy, Turnipseed, Edwards, Macintyre, Mitchell, Roberts, Boyd, Burch, Faircloth, Porter, Drawdy, Cal beck, Graddick, MacFarland.

402

JouRNAL oF THE HousE.

GEORGIA SCHOOL FOR THE' DEAF.

HuiE, Chairman.

HoLDER, of Floyd, Vice-Chairman.

Price, Brown, of Henry, Reaves, Waddell, Brinson, of Emanuel, Miller, of Calhoun, Alley, Oliver, Harvey, Stubbs, Kidd, Wasden, Evans, Reese, Woodliff,

Williams,

Bell,

'

Ault,

Smith, of Gilmer,

Culberson,

Kendrick,

Edmondson,

Hatfield,

Rosser,

Littleton,

McCrory,

Moss,

Strong,

Hullender.

TUESDAY, JuLY 6, 1909.

403

GEORGIA STATE SANITARIUM. HENDERSON, of Irwin, Chairman.

VINSON, Vice-Chairman.

Culberson, Graddick, Jones, of Mitchell, Carter, Kendrick, Berry, Reaves, Cureton, Hubbard, Oliver, Parker, of Decatur, Moss, Price, Brown, of Henry, Paulk, Bell, Godley, Cowan, Tarver, McConnell, Armistead, Rosser, Kennedy, Woodliff, Couch, Wright, of Stewart, Williams, Heard, Beacham,
Waddell~

Stovall, Holder, of Floyd, Brown, of .Murray, Hendricks, Turner, Smith, of Walton, Howell, Rogers, Hardman, of Jackson, Childs, Cordell, Johnson, of Towns, Brown, of Fulton, Cannon, Hullender, Carswell, Dickson, Atherton, McCutchen, Alley, Atkinson, Kelley, English, Watkins, Keith, Joiner, Smith, of Tattnall, Huie, Marshall. Littleton,

404

JouRNAL OF THE. HousE.

HALLS AND ROOMS.

KE~DRICK, Chairman.

JOHNSON, of Towns, Vice-Chairman.

Lord, Brown, of Henry, Wasden, Huie, McMichael, of Butts, Moore,

Cook, Parker, of Decatur,., Marshall, Tuggle, Baker, Burch.

HYGIENE AND SANITATION.

B:RowN, of Fulton, Chairman.

RoGERS, Vice-Chairman.

Kennedy,. Brown, of Murray, Paulk, Alley, Berry, Reid, of Macon, Beacham, Culberson, Wright, of Stewart, McArthur, Cowan, Proctor,
~Fender,
McWhorter, Fullbright, Henderson, of Irwin, Butt, Booker,

Davis, Littleton, Hardman, of J a9kson, Johnson, of Towns, Rogers, Smith, of Walton, Simpson, Stoval1, Hendricks, Turner, Brown, of Carroll, Reid, of Campbell, Heard, Alexander, of 'DeKalb, . Anderson, of Chatham, Kirby, Simmons.

TuESDAY, JuLY 6, 1909.

405

IMMIGRATION.

FoRD, Chairman.

CowAN, Vice-Chairman.

Bell, Harrington, Whiteley, Oliver, Tracey, Pope, Brown, of Carroll, Turnipseed, Couch, Boyd, Rentz, Hubbard, Upshaw, Minter, Brown, of Henry, McConneH, Ellison, Miller, of Ware, Harvey,

Henderson, of Turn~r, Cook, Burch, Proctor, Parker, of Talbot, Wright, of Stewart, McMahan, Buxton, Williams, Atkinson, Hatfield, Godley, Walters, Griffin, of. Sumter, Kendrick, Kick1ighter, Johnson, of Bartow,. Hardman, of Jackson.

406

JouRNAL OF THE Hous~:.

INSURANCE.

. WRIGHT, of :B,loyd, Chairman.
CHANDLER, Vice-Chairman.

Barksdale, Davis, Reese, McMahan, Slade, Adams, Alexander, of Fulton, Hall, Pierce, Lawrence, Reid, of Campbell, Anderson, of Bulloch, Henderson, of Irwin, Barrett, Baker, Middlebrooks,

LeWis, Holtzclaw, Boyd, Converse, Griffin, of Sumter, Burch, Cooke, McWhorter, Armistead, .Lord, Milikin, Heard, Redding, Jones, of Meriwether, Brown, of Carroll, McElreath. Huie,

rl'LTESI>AY, ~JVLY 6, 1909..

407

INTERNAL IMPROVEMENTS.

JoHNSON, of Jeff Davis, Chairman.

WATKINs, Vice-Chairman.

Lewis, Kicklighter, Berry, McCutchen, Kelley, Cook, Edwards, Marshall, Daniell, Dickson, Henderson, of Irwin, Meadows, of Telfair, Porter, Waddell, Kendrick, Atherton,

Lovejoy, Reid, of Campbell, Upshaw, Shirley, Hall, Armistead, Oliver, Jones, of Laurens, Gastley, Redding, Wasden, Whiteley, Holtzclaw, Middlebrooks, Anderson, of Chatham.

408

JouRNAL OF THE HousE.

INVALID PENSIONS.

MILIKIN, Chairman. EDMONDSON, Vice-Chairman.

Reese, Tuggle, Kennedy, Booker, Bell, Strong, Oliver, Tippins, Turnipseed, Converse, Reaves,

Williams, McArthur, Davis, Harrington, Armistead, Alexander, of DeKalb, Harvey, Carter, Smith, of Walton, Holtzclaw.

JOURNALS.

ADAMS, Chairman.

ELLISON, Vice-Chairman.

Henderson, of Turner, Simpson, Slade, Beasley, Baker, English, Field, of DP:Kalh,

Boy<l, Garlingt,ln, HowelJ, McCrory, Gastley, Wasden.



TUESDAY, JuLY 6, 1909.

409

LABOR AND LABOR STATISTICS.

McCARTHY, Chairman.

SLADE, Vice-Chairman.

Evans,

Littleton,

Calbeck,

Wright, of Flojd,

Macintyre,

Brown, of Fulton,

Cook,

Pope,

Gastley,

Rentz,

Meadows, of Toombs,

Mcl~lreath,



Adams,

Davis,

Boyd,

Carswell,

Williams,

Atherton,

Butt,

Lovejoy,

Baker, Woodliff, Alexander, of Fulton, Johnson, of Bartow, Armistead, Kirby, Daniell, Adams, Kicklighter, Fields, of Crisp, Brown, of Carroll, Pen:;ons, Heard, Fullbright, Cannon, Atkinson, Barrett, Wood, Field, of DeKalb.

410

JouRNAL OF THE HousE.

MANUFACTURES.

TuGGLE, Chairman.

CoucH, Vice-Chairman.

Hill, Davis, Lord, Minter, Brinson, of Emanuel, Bell, Carter, Beasley, Cordell, Hardman, of Jackson, Dickson, Edwards, Porter, Simmons, Allen, Adams,
Lawrence, Reese, W ohlwender, Holder, of Floyd, Smith, of Walton,

Roberts, Daniell, Butt, Garlington, Barksdale, Culberson, Meadows, of Telfair, Fender, Boyd, Proctor, Upshaw, Redding, Rogers, Sheppard, Brown, of Fulton, Evans, Pope, Simpson, Fields, of Crisp, Field, of DeKalb, Griffin, of Sumter

TuESDAY, JuLY 6, 1909.

411.

MILITARY AFFAIRS.

GuYTON, Chairman.

DAVIs, Vice-Chairman.

Persons,

Reid, of Putnam,

McCutchen,

Drawdy,

Wright, of Floyd,

Burch,

Milikin,

W ohlwender,

Wight,

Macintyre,

Pierce,

Meadows, of Toombs,

Slade,

Evans,

Lawrence,

Redding,

Field, of DeKalb,

Bailey,

Turnipseed,

Moss,

Ellis,

Gillis

McElreath,

MINES AND MINING.

HuBBARD, Chairman.

CANNON, Vice-Chairman.

Johnson, of Towns, Berry, AlleJ, McElreath, Adams, Graddick, Helms, English,

Cureton, Edmondson, Moss, Butt, Bell, Smith, of Gilmer, Atherton, Gastley.

412

. JouRNAL OF THE HousE.

PENITENTIARY.

BARRETT, Chairman.

BoYD, Vice-Chairman.

Hendricks, Carswell, .,
McCarthy, Jones, of Meriwether, Atkinson, Johnson, of Towns, Hall, Watkins, Hullender, Smith, of Gilmer, Johnson, of J e:ff Davis, Daniell, Childs, Parker, of Decatur, Holder, of Floyd, Stubbs, Vinson, McElreath, 'J1arver, Anderson, of Bulloch, Smith, of Walton, Heard, Cowan, Griffin, of Twiggs, Graddick, Proctor, Smith, of Tattnall, Henderson, of Irwin, Hubbard, McMahan, Gastley,
I

Butt, Peacock, Reaves, Price, Ellison, Cook, Kendrick, Williams, Woodliff, Pope, Brown, of Henry, Pierce, Harvey, Griffin, of Sumter, Cannon, Wohlwender, Moss, Howell, Paulk, Dickson, Edmondson, Reid, of Macon, Elder, Miller, of Calhoun, Wright, of Floyd, Shirley, Lord, Lewis, Drawdy, Tippins, Waddell,

TuESDAY, JuLY 6, 1909.

413

Wood, Alley, Brown, of Fulton, Fullbright,

Miller, of Ware, Beacham, Allen, Simmons.

PENSIONS.

WHITE, of Screven, Chairman.

.PEACOCK, Vice-Chairman.

Lord, Rentz, Persons, Reaves, Simpson, Roberts, McMichael, of Butts, Watkins, Whiteley, Elder, Gast1ey, Middlebrooks, Jones, .of Laurens, Hubbard, Cannon, Bagley, Hi11,

Kendrick, McMahan, Cook, Kicklighter, 'Godley, McCarthy, Buxton, Price, Walters, Ault, Simmons, Redding, Henderson, of Turner,! McWhorter, Beazley, Brinson, of Decatur, Woodliff.

\

414

JOURNAL OF THE HousE.

PUBLIC PROPERTY.

KEITH, Chairman.

PRICE, Vice-Chairman.

Middlebrooks, Davis, Calbeck, Fullbright, Pierce, McMahan; Ellison, Lawrence, Hall, Lovejoy, Brown, of Carroll,

Jones, of Meriwether, Cannon, Butt, Hill, Harvey, Tracey, Ellis, Rosser, Boyd, Reese, Anderson, of Chatham.


PRIVILEGES AND ELECTIONS. ');
BA.ItKSDALE, Chairman.

FAIRCLOTH, Vice-Chairman.

Holtzclaw, McMichael, of ButtP, Heard, Converse, Harrington, Chandler, Butt, Simpson, Drawdy, Proctor, Harvey, Griffin, of Sumter, Vinson,

Tippins, Strong, Reid, of Macon, Fields, of Crisp, Culberson, Anderson, of Chathar:, Smith, of Walton, Roberts, Holder, of Floyd, Baker, Parker, of Decatur, \.Vohlwender.

TuESDAY, JuLY 6, 1909.

415

PRIVILEGES OF THE FLOOH.

TuRN~R, Chairman.

CARTER, Vice-Chairman.

Cook, Kirby, Couch, Parker, of Decatur, 'Vasden,

Chandler, Wight, Oliver, Vinson.

PUBLIC LIBRARY.

ALLEN, Chairman.

McCuRRY, Vice-Chairman..

Reid, of Campbell, Couch, Watkins, Proctor, Garlington,

Hul1ender, Godley, Hall, Middlebrooks, Smith, of 'Valton.

PUBLIC PRINTING.

McCuTCHEN, Chairman.

BEASLEY, Vice-Chairman.

P~rsons,

Stubbs,

Guyton,

Turner,

McMichael, of Marion, Evans,

Lovejoy,

Allen.

Hardeman, of Jefferson,

416

JouRNAL OF THE HousE.

RAILROADS.

P ARE:ER, of Talbot, Chairman.

ALEXANDER, of Fulton, .Vice-Chairman.

McCutchei:.,

Barrett,

Wasden,

Barksdale,

Ford,

Boyd,

Lovejoy,

McArthur,

Keith,

Brown, of Carroll,

Hill,

Bagley,

Hullender,

Rosser,

Hardeman, of Jefferson, McCarthy,

McCurry,

Henderson, of Irwin,

Shirley,

Price,

Brinson, of Decatur, Garlington,

Jones, of Laurens,

Upshaw,

Evans,

Porter,

Dickson,

Wood,

Pope,

Cook,

Allen,

Lewis,

l~eaves,

. Wight,

Heard,

Tuggle,

Macintyre, ~imps on,

Reid, of Macon,

'.

Converse,

Griffin, of Twiggs,

Helms,

Moore,

McMichael, of Butts,

Drawdy,

Miller, of Calhoun,

Brown, of Fulton,

Beacham,

Rentz,

. Faircloth,

Smith, of Tattnall,

Fields, of Crisp,

Davis,

Hendricks,

Brown, of Murray, Henderson, of Turner,

Fender,

Wright, of Floyd,

Sheppard,

Peacock,

Slade,

Anderson, of Chatham

Reese,

Butt

TuESDAY, JuLY 6, 19o9.

417

REFORMATORIES.

SLADE, Chairman.

TuGGLE, Vice-Chairman.

Hardman, of Jackson, Middlebrooks,

Alexander, of DeKalb, McConnell,

Wright, of Floyd,

Tracey,

White, of Screven;

Hendricks,

Ellis,

Kendrick,

Jones, of Meriwether, Stovall,

Reid, of Campbell,

Reid, of Putnam,

Persons,

Howell,

Tuggle,

Brown, of Carroll,

Barrett,

Macintyre,

Ault,

Beasley,

Brown, of Fulton,

Meadows, of Toombs,

Littleton,

Simmons,

Sheppard,

Harrington,

Fender,

Price,

Hardeman, of Jefferson, Joiner,

Heard,

Woodliff.

McMahan,

H-h1

418

JouRNAL OF THE' HousE.

ROADS AND BRIDGES.

AuLT, Chairman.

TRACEY, Vice-Chairman.

Edmondson, Faircloth, English, Minter, Porter, Beacham, Moore, Childs, Harrington, KeNy, Converse, Brown, of Fulton, Howell, Waddell, Cook, Davis, Joiner, Fender, Booker,

Smith, of Gilmer, Rentz, Whiteley, Field, of DeKalb, Helms, McCutchen, Pierce, Evans, Wood, Simmons, Graddick, Bagley, Brinson, of Emanuel, Culberson, Hendricks, Milikin,
Me'Vhorter, Bailey.

RULES.

HoLDER, Ex-Officio Chairman.

ANDERSON, of Chatham, Vice-Chairman.

Alexander, of DeKalb, Ellis, Reid, of Campbell, Butt, .Tones, of Meriwether,

Macintyre, Barksdale, Hardeman, of Jefferson, Slade, Persons .

TUESDAY, JuLY 6, 1909.

419

SPECIAL AGRICULTUHE.

WILLIAMS, Chairman. JONES, of Mitchell, Vice-Chairman.

Brinson, of Emanuel, Woodliff, Simmons, Cook, Childs, Parker, of Decatur, Brown, oaf Murray,. Kicklighter, Berry, Alley, Roberts, Walters, Faircloth, Howell, Burch, MacFarland, Godley,

Simpson, Lord, Price, Tracey, Sheppard, Meadows, of Toombs, Paulk, Atkinson, Holder, of Floyd, Hatfield, Graddick, Gillis, Miller, of Ware, Reese, Reaves, Brown, of Carroll, Barrett.

420

JouRNAL OF THE HousE.

SPECIAL JUDICIARY.

FuLLBRIGHT, Chairman.

PoRTER, Vice-Chairman.

Wight, Cal beck, Moore, Couch, Cordell, Slade, Allen, Stubbs, Brown, of Murray, Moss, Mitchell, Reese, Tuggle, Converse, Tarver, Strong, Gillis, Chandler, Peacock, Henderson, of Turner, Roberts, Alexander,, of Fulton, Dickson, Brown, of Carroll, Adams, Faircloth, Bailey, Alley, Drawdy,

Cowan, Edmondson, Guyton, Lewis, Hill, Turnipseed, bheppard, Wohlwender, White, of Screven, McElreath, Anderson, of Bulloch, Lawrence, Fields, of DeKalb,' Upshaw, Redding, Graddick, Howell, Brinson, of Emanuel, Ellison, Meadows, of Telfair, Miller, of Ware, Simpson, Pope, Holder, of Floyd, Waddell, Fender, Butt, Barrett.

TUESDAY, ,JULY 6, 1909.

4~1.

STATE OF THE REPUBLIC.

REID, of Macon, Chairman.

MrLLER, of Calhoun, Vice-Cha'irman.

Jones, of Meriwether, Buxton, Walters, Waddell, Roberts, Mitchell, McMahan, Littleton, Alexander, of Fulton, Griffin, of Twiggs, .

Carswell, Drawdy, Brinson, of Emanuel, McWhorter, Gillis, Moore, Converse, Garlington, Beazley, Kidd.

422

JouRNAL oF THE HousE.

TEMPERANCE. HARDMAN, of Jackson, Chairman.

LovEJOY, Vice-Chairman.

Sheppard, Kendrick, Rosser, Watkins, Lawrence, Guyton, Price, Brown, of Murray, Brown, of Fulton, Ellis, Daniell, Rodgers, Brinson, of Decatur, Huie, Edwards, Tippins, Tuggle, Cowan, Griffin, of Twiggs, He'ard, Atkinson, Faircloth, Chandler, Atherton, Davis, Milikin, Alexander, of DeKalb, Fender,

Carswell, Slade, Waddell, Peacock, Wright, of Floyd, McConnell, Redding, Walters, Keith, Ford, Brown, of Henry, Cook, Paulk, Williams, Jones, of Mitchell, Harrington, Reid, of Putnam, Elder, Fullbright, Marshall, Upshaw, Minter, McArthur, Kennedy, Wright, of Stewart, Couch, McCutchen. McMichael, of Butts.

TuESDAY, JuLY 6, 1909.

423

UNIVERSITY OF GEORGIA AND ITS BRANCHES.

McMAHAN, of Clarke, Chairman.

BAKER, Vice-Chairman.

Hubbard, Gastley, Kirby, Porter, Chandler, Stovall, Lawrence, Mewhorter, Atkinson, McConnell, Miller, of Calhoun, .dley, Slade, Anderson, of Bulloch, Armistead, Macintyre, Woodliff, Hardman, of Jackson,

Hendricks, Butt, Cureton, Smith, of Gilmer, Brinson, of Emanuel, McCrory, McCurry,' Williams, Johnson, of Towns, Edwards, Elder, Fullbright, Cannon, White, of Screven, Beasley, Smith, of Tattnall, Godley, Moss. Huie.

424

JouRNAL OF THE HousE.

WAYS AND MEANS.

'.



REm, of Campbell, Chairman.

McELREATH, Vice-Chairman.

Lovejoy,

Turner,

Henderson, of Irwin, MacFarland;

Heard,

Anderson,

Lord,

Wright, of Floyd,

McMichael, of Marion, Reese,

Carter,

Persons,

Baker,

Slade,

Littleton,

Helms,

Sheppard,

Davis,

Stubbs,

Bagley,

Minter,

Childs,

Moss,

McCrory,

Field, of DeKalb,

Kelley,

Johnson, of Jeff Davis, Hardman, of Jackson,

Wright, of Stewart, Barksdale,

McCutchen,

Couch,

Strong,

.Reid, of Macon,

Rosser,

Upshaw,

Atherton,

Wight,

Hendrick8,

Smith, of .Tattnall,

Simmons,

McWhorter,

Holder, of Floyd,

Fender,

Faircloth,

White,

Miller, of Calhoun,

Fullbright,

Chandler,

Price,

Barrett,

Hardeman, of Jefferson,

Bell,

Pope,

Cordell,

Kidd,

Jones, of Laur.3ns,

Bailey.

Edwards,

Holtzclaw.

Tu:E;SDAY, JULY 6,. 1909.

Vv. & A. RAILROAD.

ALEXANDER, of DeKalb, Chairman. RosSER, Vice-Chairman.

Atherton, -Wight,
Couch, Ault, Hullender, Reese, Price, Hill, Baker, Parker, of Decatur, Stubbs, Huie, Henderson,- of Turner, Cowan, Parker, of Talbot, Watkins, Alley, Beasley, Wrig4t, of Floyd, Armistead, Waddell, Wright, of Stewart, Miller, of Ware, Turnipseed, ,Johnson, of J e:ff Davis, Reid, of Putnam, McMahan,

Hall,

Godley,

Field, of DeKalb,

Cureton,

Slade,

Brown; of Murray,

Rogers,

Jones, of Mitchell,

McElreath, of Fulton,

Milikin, MacFarland,

,

Macintyre,

Elder,

Tarver,

Hubbard,

Marshall,

Cal beck,

Helms,

Peacock,

Booker,

Edmondson,

Atkinson,.

Porter,

Berry,

Woodliff.

Kendrick.

426

J ot:RNAL OF THE HorsE.

WILD LANDS.

DRAwnY, Chairman.

HuLLENDER, Vice-Chairman.

Miller, of Ware, McWhorter, Fields, of Crisp, Howell, Wasden, Helms,, Garlington, Woodliff, Reid, of Campbell, Alexander, of DeKalb, Baker,Cureton, McMahan, Moore, Hall, Boyd, Hardman, of Jackson,

Fender, Lord, McCurry, MacFarland, Hardeman, of ,Jefferson, Brown, of Henry, ,
Cordell, Henderson~ of Turner, Alley, Wight, Johnson, of Tovms, Rentz, Mitchell, Butt, Peacock, Jones, of MeriwethP-r, Tuggle.

TuESDAY, JuLY '6, 1909.

427

The Speaker also announced the following Committee to re-arrange the Judicial Circuits of this State:
MR. LEwis, Chairman,
MR. BAKER,
MR. BuRcH.

Mr. Hardeman, of Jefferson, moved that the House reconsider its action in setting the hour of 11 :30 o'clock today, which motion prevailed.
Mr. Hardeman then moved that the House proceed with the election of a United States Senator from Georgia for a term of six years, beginning March 4, 1909, which motion prevailed.
On motion of Mr. Moss, of Cobb, Rule No. 127 was read, and by unanimous consent, the same was suspended.
Mr. Moss, of Cobb, placed in nomination for United States Senator the Honorable A. S. Clay, of the County of Cobb, which was seconded by Messrs. McElreatq, Wright, Boyd, Butt, Upshaw, Huie, Davis, of Douglas, and Daniel, of Cobb.
There being no other, nominations, a ballot viva voce was taken and the vote was as follows:

428

JouRNAL OF THE HousE.

Alexander of DeKalb Evans

Alexander of Fulton Faircloth

AHen

Field of DeKalb

Alley

Ford

Anderson of Chatham Fullbright

Armistead

Garlington

Atherton

Gastley

Atkinson

Gillis

Ault

Godley

Barksdale

Graddick

Bagley

Griffin of Twiggs

Baker

Guyton

Barrett

Hardeman of Jeffs'n

Beacham

Hardman o'f Jackson

Beasley

Harvey

Bell

Hatfield

Boyd

Heard

Brinson of Decatur Helms

Brinson of Emanuel Henderson of Irwin

Brown of Carroll Henderson of Turner

Brown of Fulton

Hendricks

Brown of Henry

Holtzclaw

Brown of Murray Howell

Burch

Hubbard

Butt

Hullender

Calbook

Huie

Cannon

J'ohnson of Bartow

Carswell

Johnson of Towns

Carter

Joiner

Chandler

Jones of Laurens

Childs

Jones of Meriwether

Converse

Keith

Cooke

Kelley

Cordell

Kennedy

Couch

Kidd

Culberson

Kirby

Daniel

Lewis

Davis

Littleton

Drawdy

Lord

Edwards

Lovejoy

Elder

Marshall

Ellison

Meadows of Telfair

English

Meadows of Toombs

Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland ac!ntyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Porter Proctor Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Rentz Roberts Rogers Sheppard Shirley Simpson Slade Smith of Gilmer Smith of Walton

TuESDAY, JuLY 6, 1909.

429

Stovall Strong Tarver Tippins Tracey Tuggle Turner

Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins

Whiteley Wight of Grady Wohlwender Wood Wright of Floyd Mr. Speaker

Those not voting were Messrs. :

Adams _\nderson of Bulloch Bailey Berry Booker Buxton Cowan Cureton
Die~kson
Edmpndson Ellis Fender

Fields of Crisp

Pope

Griffin of ,Sumter Price

Hall

Reaves

Harrington

Rosser

Hill

Simmons

Holder of Floyd

Smith of Tattnall

Johnson of Jeff Davis Stul,>bs

Jones of Mitchell White of Screven

Kendrick

Williams

Kicklighter

Woodliff

.Lawrence

Wright of Stewart

Pierce

Upon counting the votes it was found that Ron. A. S. Clay had received 150 votes, (the entire number of votes cast), the same being a majority o'f all the members of the House.

ATLANTA, GEORGIA,
JULY 6th, 1909.
The :following message was received from his Excellency the Governor, through his Secretary, Mr; . Blackburn:

430

JouRNAL OF THE HousE.

Mr. Speaker:

I am directed by his Excellency the Govern,or, to deliver to the General Assembly a communication in writing.

STATE OF GEORGIA,
.E~ECUTIVE DEPARTMENT,
ATLANTA, July 6th, 1909.
To the General Assembly:
On the lst inst. I addressed a communication to Ron. J. Pope Brown, ~tate Treasurer, requesting that he give me a statement ef the condition of the Treasury at the close of that day's business, setting forth the various funds, and showing the amount available for general purposes, with an estimate of the receipts and disbursements for the next quarter. I herewith transmit for your consideration a co.py of his reply.
From this statement you will see that the amount in the Treasury available for general purposes is not sufficient to pay the expenses of your body during this session without any reference whatever to the other ~ecessary expenses of the Government. I also desire to call your special attention to the fact that the estimated receipts for this quarter will fall .at

TuESDAY, JuLY 6, 1909.

431

}east two hundred thousand dollars below the estimated disbursements for the quarter.
The pressing necessity for some immediate action is apparent from this report of the condition of our Treasury.
I submit .for your consideration the advisability of making the near beer fund, or some portion thereof, _available for general purposes, or the enactment of some other measure that will give immediate relief to the Treasury.
Respectfully submitted,
.JosEPH M. BROWN, Governor.

ST:ATE OF GEORGIA,
TREASURY DEPARTMENT,
ATLANTA, GA., July 2, 1909. Ho~. JoEPH M. BRowN, Governor,
Atlanta, Ga.
Dear Sir: In compliance with your request of the 1st inst., I
beg to submit the following:

432

JouRNAL oF THE HousFJ.

Cash on Hand_____________________ .;. __$534 698;99 1 Reserve Fund: Sinking Fund___________$120,000.00
July Interest----------- 145,577.50 Near Beer______________ 227,395.24

$492,972.7 4

Available for General Purposes________$ 41,726.25
$534,698.99 The estimated Receipts for the next Quar-
ter will be__ _: _______________________$330,000.00 The estimated Disbursements for the next Quarter will ~e_____________________$530,000.00
Yours very truly, J. POPE BROWN, State Treasurer.

By direction of the Speaker, the Governo.r's Message, just received, was read, and on motion of Mr. Anderson, of Chatham, the same was referred to the Committee on Ways and Means.

TuESDAY, JuLY 6, 1909.

433

By unanimous consent .the following bills were read the first time and appropriately referred, towit:

By Mr. Reid, of CampbellA bill to repeal Section 17 of an Act to provide
for the future employment of mal~, convicts upon the public roads.
Referred to Committee on Penitentiary.
ByMr. McElreathA bill to amend Section 4130 of the Code of 1895. Referred to Committee on Special Judiciary.
By 'Mr. Anderson, of Chatham-
A bill to authorize certain counties to establish and maintain sanitariums for treatment of tuberculosis.
Referred to Committee on Hygiene and Sanitation.
By Mr. Anderson, of ChathamA bill to amend Section 346, Volume I, of the Code
of 1895.
Referred to Committee on Counties and County Matters.

434

JouRNAL oF THE HousE.

By Mr. Reid, of Campbell-
A resolution authorizing the Governor to borrow money to supply casual deficiencies.
Referred to Committee on Ways and Means.

By Mr. Anderson, of Chatham-
A bill to give certain counties power and authority over sanitariums within their borders.
Referred to Committee on Counties and County Matters.
By Mr. Anderson, of Chatham-
A bill to authorize certain cities to maintain or discontinue this system of drainage.
Referred to Committee on Counties and County Matters.
By Mr. Anderson, of Chatham-
A bill to amend an Act to allow certain cities to maintain a farm to which may be sent persons convicted in Police Courts.
Referred to Committee on Counties and County Matters.

TuESDAY, JuLY G, 1909.

435

By Mr. Anderson, of Chatham-
A bill to punish the carrying into penal institutions of spirituous liquors.
Referred to Committee on Temperance.

By Mr. Alexander, of DeKalbA bill to amend Section 2779 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Alexander, of DeKalbA bill to amend Section 2780 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Alexander, of DeKalb-
A biU to amend Section 2783 of the Code of 1895.
Refe!red to Committee on General .Judiciary.
.I
By Mr. Vinson, of Baldwin-
A resolution req"':lesting our Senators and R~re sentatives to use their support in the passage of bills looking to the gathering of information in regard to the amount of cotton in warehouses, &c.
Referred t.o Committee on General Agriculture.

436

JouRNAL OF THE HousE.

By Mr. Vinson-
A resolution urging our Senators and Representatives to use their efforts in behalf of measures to prohibit fictitious trading on the cotton and wheat exchanges.
Referred to Committee on General Agriculture.

By Mr. Reese, of Glynn-
A resolution providing for a joint Committee to investigate matters relative to the culture of fish and oysters.
Lay on .table one day.

By Messrs. Hardman and Holder-
A bill to provide that all roads used by rural free delivery routes shall be, made public roads.
Referred to Committee on Roads and Bridges..

By Mr. Wood, of Banks_:_

A bill to amend an Act to amend Section 1378,

. I"'

Volume I, of the Code.

,,,

Referred to Committee on Education.

TuESDAY, JuLY 6, 1909.

437

By Messrs. Hardman and HolderA bill to amend Section 3125 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Meadows, of Toombs-
A bill to amend an Act to provide for working of public roads and repairing of bridges in Toombs County.
Referred to Committee on Counties and County Matters.

By Mr. Alexander-
A resolution requesting the General Judiciary Committee to report to the House a list of all bills before it for amending the Code.
Referred to Committee on Rules.
Leave of absence was granted Mr. Pierce, of Richmond; Mr. Milikin, of Wayne, and Mr. Middlebrooks.
On motion of Mr. Hardeman, of Jefferson, the Speaker announced the House adjourned until 10 o'clock tomorrow morning.



JOURNAL OF THE HousE. ATLANTA, GEORGIA,

WEDNESDAY, JULY 7th, 1909.

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

Brown of Henry

Ellison

Alexander ofDeKalb Brown of Murray English

Alexander of Fulton Burch

Evans

Allen

Butt

Fairclotl)

Alley

Buxton

Fender

Anderson of Bulloch Calbeck

Field of DeKalb

Anderson of Chatham Cannon

Fields of Crisp

Armistead

Carswell

Ford

Atherton

Carter

Fullbright

Atkinson

Chandler

Garlington

Ault

Childs

Gastley

Barksdale

Converse

Gillis

Bagley

Cooke

Goodley

Bailey

Cordell

Graddick

Baker

Couch

Griffin of Sumter

Barrett

Cowan

Griffin of Twiggs

Beacham

Culberson

Guyton

Beasley

Cureton

Hall

Bell

Daniel

Hardeman of-Jeffs'n

Berry

Davis

Hardman of Jackson

Booker

Dickson

Harrington

Boyd

Drawdy

Harvey

Brinson of Decatur Edmondson

Hatfield

Brinson of Emalll1lel Edwards

Heard

, Brown of Carroll

Elder

Helms

Brown of Fulton

Ellis

Henderson of Irwin



'iVEDNESDAY, JULY 7, 1909.

Henderson of Turner Mitchell

Rosser

Hendricks

Moore

Sheppard

Hill

Moss

Sbicley

Holder of Floyd

MacFarlaod

Simmons

Holtzclaw

Simpson

Howell

Slade

Hubbard

Smith of Gilmer

Hullender

Smith of Tattnall

Huie

McCrory

Smith of Walton

Johnson of Bartow McCurry

Stovall

Johnson of Jeff Davis McCutchen

Strong

Johnsou of Towns McElreatlt

Stubbs

Joiner

McMahan

Tarver

Jon es of Laurens McMichael of Butts Tippins

Jones of Meriwether McMichael of Marion 'fracey

Jones of Mitchell , McWhorter

'l'uggle

Keith

Oliver

Turner

Kelley

P:..rker of Decatur Turnipseed

Kendrick

Parker of Talbot

.Upshaw

Kennedy

Paulk

Vinson

Kicklighter

Peacock

Waddell

Kidd

Persons

Walters

Kirby

Pierce

Wasden

Lawrence

Pope

Watkins

Lewis

Porter

White of Screven

Littleton

Price

Whiteley

Lord

Proctor

Wight of Grady .

Lovejoy

Reaves

Williams

Marshall

Redding

Wood

Meadows of Telfair Reese

Wohlwt~nder

Meadows of Toombs Reid of Campbell

Woodliff

Middlebrooks

Reid of Macon

Wright of Floyd

Miller of Calhoun Reid of Putnam

Wright of Stewart

Miller of Ware

Rentz

Mr. Speaker

Milikin

Roberts

Minter

Rogers

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

440

JOURNAL OF THE HousE.

Leave of absence was granted Mr. Fields, of Crisp, on account of the sickness of his wife.

Mr. Kendrick, Chairm n ef Committee on Halls and Rooms, submitted the fo}lowing report: .
- ".t"
Mr. Speaker:

Your Committee on Halls and Rooms beg leave to report that we have assigned rooms for the use and occupancy of the committees as follows:
Room General Judiciary _______________306 Appropriations __________________321 VVays and Means ___________ ______313 General Agriculture ___ __________316 Amendments to the Constitution___304 Special Judiciary ________________304 Counties and County Matters ______319 Penitentiary ___________________ -316 Corporations _______ _________ ____ 31~ Education and Temperance_______316 Pensions and Banks and Banking__321
Respectfully submitted,
KENDRICK, Chairman.
JOHNSON, Vice-Chairman.
' Mr. Macintyre, Chairman of the Committee on

wEDNESDAY) JuLY. 7, 1909.

441

Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters, having had under consideration House bills numbers 217 and 218, report the same back with recommendation that the same do pass.
MAcl~TYRE, 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 inviting U. S. Senator A. S. Clay to address the General Assembly, Wednesday, July 7th, 1909.
By unanimous cqnsent the following bills were introduce(} and read the first time, to-wit:
By Mr. Barrett, of Stephens-
A bill to amend Article 7, Section 3, Paragraph 1, of the Constitution.
Referred to Committee on Constitutional Amendments.

442

JouRNAL OF THE HousE.

. By Mr. Barrett- -

A bill to make unlawful wagering and betting and prescribe .Punishment therefor.
Referred to Committee on Special Judiciary. By Mr. Chandler, of Harris-
A bill to amend Section 5262 of the Civil Code of 1895.
Referred to Committee on Special Judiciary.

By Mr. Cordell, of Elbert-

A bill to levy a tax on dogs, and for other purposes.
Referred to Committee on Education.

By Mr. Barrett, of Stephens-

A bill to incorporate the town of Avalon. Referred to Committee on Corporations.

By Mr. Field, of DeKalbA bill to further regulate practice before auditors

WEDNESDAY, JULY 7, 1909.

443

appointed to hear causes in pursuance of existing law.
Referred to Committee on General Judiciary.
By Mr. Griffin, of Twiggs-
A bill to remark and change the dividing lines between the 326 militia district in Twiggs county.
Referred to Committee on Counties and County Matters.
By Messrs. McElreath and Brown, of Fulton-
A bill to create the office of County Col]lmissioner of Agriculture in each county of this State.
Referred to Committee on General Agriculture.
By Mr. Tarver; of Whitfield-
A bill to amend an Act to prevent tramps and others from stealing rides on railroad trains.
Referred to Committee. on Special Judiciary.
By Mr. McMichael, of Butts-
A bill to create a new charter for the city of .Jackson.
Referred to Committee on Corporations.

444

JouRNAL OF THE HousE.

By Mr. Ellis, of Bibb-.

A bill to preserve to benevolent and patriotic organizations, etc., the right to the exclusive use of the names adopted and used by them.
Referred to Committee on Special Judiciary.

By Mr. Ellis, of Bibb-

A bill to amend an Act relative to appropriations to public libraries by the county of Bibb.
R-eferred to Committee on Special Judiciary.

By Mr. FairCloth, of Johnson-
,
A bill to amend an Act providing for the collection of past due taxes to the State, counties and municipalities.
Referred to Committee on General Judiciary.
. By Mr. Meadows, of Telfair-
A bill to create a new charter for the city of McRae.
Referred to Cominittee on Corporations.

.'

WEDNESDAY, JuLY 7, 1909.

445

'
By Messrs. Heard .and Be'acham-

A bill to amend an Act to create the City Court of Vienna.

Referred to Committee on Counties and County Matters.

By Messrs. Holder, Porter and.Wright, of Floyd-

A bill to amend and consolidate the several laws to incorporate the city of Rome.
Referred to Committee on Corporations.

By Messrs, Evans and Ellis, of Bibb-

A bill to regulate practice and procedure in Justice Courts in cities with a population of 20,000 inhabitants.

By Mr. Henderson of Irwin-

A bill to amend Section 1642, Volume I, of the Code of 1895.
Referred to Coniinittee on Temperance.

By Mr. Smith, of GifmerA bill to incorporat~ the City of Ellijay.

Referred to Committee on Corporations.

. 446

JouRNAL OF THE HousE.

By Mr. Brown, of Henry-

A bill to create the office of Commissioner of Roads and Revenues for the County of Henry.
Referred to Committee on Counties and County Matters.

By Messrs. Hill and Persons, of Monroe-

A bill to amend the Charter of Forsyth. Referred to Committee on Corporations.

By Mr. Converse, of Lowndes-

A bill to appropriate $65,000 for building a new. college and dormitory upon campus of the Agricultural Industrial and Normal College in South Georgia.
Referred to Committee on Appropriations.

By Mr. Daniel, of Cobb-

A bill to regulate the sale of blasting powder. Referred to Committee on Special Judiciary.

WEDNESDAY, JuLY 7, 1909.

447

By Mr. Field, of DeKal~

A bill to prescribe rules for the operation of freight and passenger trains in this State.

Referred to Committee on General Judiciary.

By Mr. Field, of DeKalb-

A bill to define the rights and powers of an attorney at law.
Referred to Committee on General Judiciary.
By Mr. Upshaw, of Dougla~
A bill to authorize the Prison Commissioner to .pay the amount due to the husband at the time of his death to his widow.
Referred to Committee on Pensions.
By Mr. \Vright, of Floyd-
A resolution to reimburse Major J e:fferson Davis Dunwoody, of the National Guard, for moneys paid out by him for the good of the service.
Referred to Committee on Military Affairs.



44S

JOURNAL OF THE ltous1!1.

By Mr. Kelly, of Jasper-

A resolution to pay Mrs. Phoebe Key a pension.
Referred to Committee on Pensions.
The following bills, favorably reported, were read the second time, to-wit:

By Mr. Reid, of Putnam-

'A bill to create the office of Commissioner. of Roads and Revenues of Putnam County.
By Mr. Reid, of Putnam-

A bill to abolish the Board of Commissioners of Roads and Revenues of Putnam County.

By Mr. Lewis, of Hancock-

A bill to re-arrange the Ocmulgee and Northern Judicial Circuits:
Upon the request of Mr. Reese, of Glynn, House Resolution No. 53 was taken from the table and re-. ferred to the Special Judiciary Committee.
The following resolution was taken from the Committe~ on Halls and Rooms and adopted, to-wit:

WEDNESDAY, JuLY 7, 1909.

449

By Mr. Butt, of Fannin-

A resolution providing for a joint committee to see to the galleries of the House and Senate being kept in better condition.
On motion of Mr. McMahan, of Clarke, the House took a recess until 11 :45 o'clock.
The House was again called to order by the Speaker at the hour of 11 :45.

By unanimous consent the fol~owing bills were read the first time, to-wit:

By Mr. Godley, of Camden-
A bil1 to provide for the appointment of a Judge of. the City Court of St. Marys.

Referred to Committee on Special Judiciary.

By Mr. McMahan, of Clarke-

A bill to put into effect the Act to amend Paragraph 1, Section 1, Article 7 of the Constitution.
Referred to Committee on Pensions.

15hj

450

.JouRNAL OF THE HousE.

By Messrs. Alexander, Brown and McElreath-

A _bill to repeal an Act to incorporate the town of Oakland City.

Referred to Committee on Special Judiciary.

By Messrs. Alexander, Brown and McElreath-

A bill to amend an Act to create a new Charter of the City of Atlanta.

Referred to Committee on Special .Judiciary.

By Messrs. Miller, of Calhoun, and Kelley, of J asper-

A bill to levy a tax on dogs.

Referred to Committee on Ways and Means.

By Mr. Jones, of Mitchell-

' A bill to prohibit the butchering of cattle in Mitchell County.

Referred to Committee on Counties and County Matters.

WEDNESDAY, JULY 7, 1909.

451

By Messrs. Alexander, Brown and McElreathA bill to amend an Act to create a new Charter
for Atlanta so as to extend the corporate limits. Referred to Committee on Special Judiciary.
By Mr. McElreathA resolution to pay Adrian C. Toole a pension.
Referred to Committee on Pensions. By Mr. Jones, of Mitchell-
A bill to repeal an Act to incorporate the town of Maples.
Referred to Committee on Corporations. By Mr. HQltzclaw, of Houston-
A bill to amend an Act prohibiting the misbranding or adulteration of foods for man and beast.
~eferred to Committee on General Judiciary.

ATLANTA, GEORGIA,
,JULY 7th, 1909. The following message was received from His

JOURNAL oF THE HousE.
Excellency the Governor, through his Secretary, Mr. Blackburn:
111r. Speaker:
I am directed by His Excellency the Governor, to deliver to the General Assembly a communication in writing.
STATE OF GEORGIA,
ExECUTIVE DEPARTMENT,
ATLANTA, July 7th, 1909.
To the General Assembly:
I have received from .Judge John L. Hopkins a communication on the subject of codifying the laws. That a present codification of the statutes is necest:ary cannot be doubted. A satisfactory book at the least cost to the State is desirable.
The experience of Judge Hopkins in such matters, and his eminent abilities are well known, and inasmuch as there are several measures before your body upon this subject, I have thought it advisable to transmit herewith his letter for your consideration.
Respectfully submitted, JosEPH M. BRowN, Governor.

WEDNESDAY, JuLY 7, 1909.

453

ATLANTA, GEORGIA,

HoN. JosEPH M. BRowN, Governor.
Sir:
I have codified and placed in the Code of 1895, all the statutes of this State that have been enacted since the adoption of that Code, and I now, through you, reRpectfully offer the book to the State.
];-,or nearly three years I have given my undivided time, carefully and deliberately, to this work.
To describe the work in general terms, I will state that I have placed in this new Code, in Code language, and in as good form as I am capable of, all the statutes of a general and permanent nature that have been passed during the period referred to. It has also the Rules of the Courts and the two Constitutions with all amendments.
The legislative intention has not been consciously interfered with in a single instance.
The general plan of the Code of 1895 has been adhered to, and has been interrupted only where the introduction of new matter made it imperative. Repealed Sections have been withdrawn, and all amendments to Sections are made duly to appear. The Code of 1895 is brought up to this date, except as to annotations of Supreme Court decisions rendered

454

JouRNAL oF THE HousE.

since 1895, 'fhose I have not prepared. I have made marginal references to all the statutes.
As to the size of the work, there are now 949 more Sections than are in the Code of 1895. Without any annotations of Supreme Court decisions, the entire work will make one volume of about 1738 pages, or 295 pages less than the second volume of the Code of 1895, and 1240 pages less than the three volumes of that Code. With all annotations of decisions to this date, it will make about 3364 pages or 386 pages more than the three volumes of the Code of 1895. I can furnish the book with, or without, the annotations of decisions that are already in the Code of 1895. .If the State should continue the policy of making such annotations, and bringing them up to this date, by appropriate legislation they can be had by the time the printers would need them.
A present codification of our laws is a necessity.
In the Code of 1895, there are 515 Sections that are not.laws as they there appear. They have been amended or repealed. To say no more of such a condition, it is highly misleading and should be corrected.
During the entire existence of the State, the laws have been compiled, digested, or codified, every ten or twelve years. As to that matter, a longer period has elapsed since 1895, than ever occurred before. There are now thirteen volumes of session laws to

'V'EDNESDAY, JuLY 7, 1909.

455

be codified. A volume for this session will make it fourteen. There were only ten volumes when the Code of 1895 was made. The editions of some of these session law volumes are practically exhausted. In no like period of the State's history, has there been more, if as much, important legislation, as there has been during the last past thirteen years, and that legislation is scattered through thirteen volumes which are practically inaccessible to the public.
As soon as the laws of the present session of the Legislature are placed in my work, it will be ready for examination by the State.
Under existing circumstances, legislation can be so shaped as to put this new Code, with, or without, all annotations of decisions, in the State Library in the early part of next year. When the Code of 1895 was made, it was two years and five months, after the passage of the Act, before volume 3 was delivered, and more than three years before the other volumes were ready.
I respectfully request that Your Excellency will give this matter such direction as you may deem to be in the public interest.
Respectfully,
JOHN L. HoPKINS.
Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:.

456

JouRNAL OF THE HousE.

Mr. Speaker:
The Special Judiciary Committee has had under consideration House Bill No. 173, and instruct me as its Chairman to report said bill back to the House with the recommendation that it pass, as amended.
H. J. FuLLBRIGHT, Chairman Special Judiciary Committee.

By direction of the Speaker, the Governor's mehsage was read and, on motion of Mr. Macintyre, the same, together with the accompanying communication, were referred to the General Judiciary Committee:
The hour of 12 o'clock M. having arrived, the Senate appeared upon the floor of the House an:l the joint session convened for the purpose of declaring the result of the election of a United States Senator for the term of six years, beginning on the fourth day of March, 1909, which was held in the House and Senate on yesterday, was called to order by Hon. J no. M. Slaton, President of the Senate.
The resolution providing for the joint session was read by the Secretary of the Senate.
By direction of_ the President, that part of the) Journal of the Senate and House of Tuesday, July 6th, appertaining to the election of a United Sb~o

WEDNESDAY, JuLY 7, 1909.

4:J7

Senator were read respectively by Clerk of the .House and Secretary of the Senate.
' rrhe President then announced that the Honorable A. S. Clay, of the County of Cobb, having received a majority of the votes of all the members of the Senate, and a majority of all the votes of the members of the House of Representatives, is hereby declared elected United States Senator from Georgia for the term of six years beginning on the fourth day of March, 1909.
Mr. Moss, of Coweta, moved that a committee of three members of the House and two from the Senate be appointed to escort Hon. A. S. Clay to the Speakers' stand to deliver an address which he had pr~viously been invited to make by joint resolution. The motion prevailed and the President appointed as such committee:
Senators McClure and Jackson and Representatives Moss, Evans and Fullbright._
The President of the Senate then introduced Senator Clay, and he proceeded to deliver his address, after which ,the joint session was dissolved and the Senate retiring, the House was called to order by the Speaker.
The joint session was dissolved and the Senate retiring, the House was called to order by the Speaker.

458

JouRN~ oF THE HousE.

The hour of adjournment having arrived, the Speaker announced the House adjourned until :!.0 o'clock tomorrow morning.

THURSDAY, JULY 8, 1909.

459

ATLANTA, GA.,

THURSDAY, JuLY 8, 1909.

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

Brown of Henry

Ellison

Alexander of DeKalb Brown of Murray English

Alexander of Fulton Burch

Evans

Allen

Butt

Faircloth

Alley

Buxton

Fender

Anderson of Bulloch Calbeck

Field of DeKalb

Anderson of Chatham Cannon

Fields of Crisp

Armistead

Carswell

Ford

Atherton

Carter

Fullbright

Atkinson

Chandler

Garlington

Ault

Childs

Gastley

Barksdale

Converse

Gillis

Bagley

Cooke

Goodley

Baile:Y

Cordell

Graddick

Baker

Couch

Griffin of Sumter

Barrett

Cowan

Griffin of Twiggs

Beacham

Culberson

Guyton

Beasley

Cureton

Hall

Bell

Daniel

Hardeman of Jeffs 'n

Berry

Davis

Hardman of Jackson

Booker Boyd

Dickson Drawdy

.Harrington Harvey

,

Brinson of Decatur F..dmondson

Hatfield

Brinson of Emanuel Edwards

Heard

Brown of Carroll

Elder

Helms

Brown of Fulton

Ellis

Hendersun of Irwin

460

.JouRNAL OF THE HousE.

Henderson of Turner Mitchell

,Hendricks

Moore

Hill

Moss

Holder of Fl~yd

MacFarland

Holtzclaw

Ma~Intyre

Howell

McArthur

Hubbard

McCarthy

Hullen,der

McConJ1ell

Huie

McCrory

Johnson of Bartow McCurry

J"ohnson of Jeff Davis McCutchen

.Johnson of Towns McElreath

Joiner

McMahan

Jones of Laurens McMichael of Butts

Jones of Meriwether McMichael of Marion

Jones of Mitchell McWhorter

Keith

Oliver

Kelley

Parker of Decatur

Kendrick

Parker of Talbot

Kennedy

Paulk

Kicklighter

Peacock

Kidd

Persons

Kirby

Pierce

Lawrence

Pope

Lewis

Porter

Littleton

Price

Lord

Proctor

Lovejoy

Reaves

Marshall

Redding

Meadows of Telfair Reese

Meadows of Toombs Reid of Campbell

Middlebrooks

Reid of Macon

Miller of Calhoun Reid of Putnam

Miller of Ware

Rentz

Milikin

Roberts

Minter

Rogers

Rosser Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters wasden Watkins White of Screven Whiteley Wight of Grady Williams Wood Wohlwender Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

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

THURSDAY, JULY 8, 1909.
By unanimous consent the following bills were read first time, to-wit:
By Mr. Turnipseed- , A bill to prohibit the carrying of pistols or rifles,
etc. Referred to Committe~ on General Judiciary.
By Mr. Reid, of Campbell-
A bill to amend the charter of' the town of Fairburn.
Referred to Committee on Corporations.
By Messrs. Brinson and Parker, of Decatur-
A bill to amend an Act to incorporate the town of Brinson.
Referred to Committee on Corporations.
By Messrs. Brinson and ParkerA bill to provide that whenever a school district
shall have voted for taxation for support of schools said election can be .abrogated by another election.
Referred to Committee on Special J udic~ary.

462

JOURNAL OF THE HoUSE.

By Mr. Reid, of Campbell-

A bill to amend .Section 2060, Volume 1, of the Code of 1895.
Referred to Committee on Insurance.
By Mr. Reid, of Campbell-

A bill to provide compensation for Ordinaries for issuing licenses to certain dealers.
Referred to Committee on Ways and Means.
By Mr. Reid, of Campbell-

A bill to provide that the funds derived from the tax on sellers of near beer shall be made available for meeting the general expenses of the State.
Referred to Committee on Ways and Means.
By Mr. Beazley, of Lee-

A bill to repeal Section 2743 of the Code of 1895. Referred to Committee on General Judiciary.

THURSDAY, JULY 8, 1909.

463

fy Mr. Upshaw, of Douglas-
A resolution to pay the pension due Mrs. E. A. Lowrey.
Referred to Committee on Pensions.

By Messrs. Edwards and Smith, of Walton-,
A bill to amend the charter of the town of Logansville. '
Heferred to Committee on Corporations.

By Mr. Upshaw, of Douglas-
A resolution to pay the pension to Mrs. Ben 'Vat. kins.
Referred to Committee on Pensions.

By Mr. Alexander, of DeKalbA bill to amend an consolidate all Acts incorpo-
rating the town of Decatur.
Referred to Committee on Counties and County Matters.
By Mr. Alley, of WhiteA bill to prescribe in what instances bills of in-

461

JouRNAL OF THE HousE.

dictment and presentment may be drawn by Solicitors-General.
Referred to Committee on Special Judiciary.
By Mr. Faircloth-
A bill to amend an Act to repeal an Act to incorporate the town of Wrightsville.
Referred to Committee on Corporations.
By Mr. Lord, of Washington-
A bill to repeal Section 1366 of the Code of Georgia.
Referred to Committee on Education.
By Mr. White, of Screven-
A bill to establish a Board of Control of the Georgia Penitentiary.
Referred to Committee on Penitentiary.
By Mr. McElreath, of Fulton-
A bill to regulate the itinerant vending of medicines.
Referred to Committee on Hygiene and Sanitation.

THURSDAY, JuLY 8, 1909.

465

By Mr. McElreathA bill to authorize the State Librarian to reprint
Georgia Reports. Referred to Committee on Public Library.
By Mr. Alley, of WhiteA bill to amend an Act to provide how pensions
shall be paid Confederate Soldiers. Referred to Committee on Pensions.
By Mr. Alexander, of FultonA bill to provide for a new Code of the laws of
this State. Referred to Committee on General Judiciary.
By Mr. Helms, of PauldingA bill to establish a system of Public Schools in
the T'own of Dallas. Referred to Committee on Special Judiciary.
By Mr. White, of ScrevenA bill to prohibit giving tobacco to minors. Referred to Committee on Temperance:

466

JouRNAL OF THE HousE.

By Mr. Reaves, of McDuffie-
.A bill to prohibit the purchase of iron, lead, brass, etc., from minors.
Referred to Committee on Special Judiciary.

By Messrs. Sheppard and Griffin, of Sumter-
A bill to amend Section 3359, Volume 2, of the Code.
Referred to Committee on General Judiciary.

By Mr. McMichael, of Butts-

A resolution to pay Mrs. Lucinda James a pensiOn.
Referred to Committee on Pensions.

By Mr. Stovall, of Elbert-
A resolution inviting Dr. J. N. MacCarmack, of Kentucky to address the General Assembly on the subject of pure foods some time the last of July.
Lay on table one day.

Mr. Brown, Vice-Chairman of Committee on General Judiciary, submitted the following report:

THURSDAY, JuLY 8, 1909.

467

Mr. Speaker:
Your Committee on General Judiciary have had under consideration the following bills of the House and have instructed me as their Vice-Chairman to report same back to the House with the recommendation that same do pass, to-wit:
A bill to require tax collectors of the seve:r;al counties of this State to keep a cash book as a book of record.
A bill to fix the salaries of the J udgel'l of the Court of Appeals.
A bill to fix the salaries of the Justices of the Supreme Court.
Respectfully submitted, W. F. BROWN, Vice-Chairman.

Mr. J olmson, of Bartow, Chairman of the Committee on General Agriculture, submitted the following report :
Mr. Speaker:
Your Committee on General Agriculture have had under consideration the following House resolutions and have instructed me as their Chairman to report same back to the House with the recommendation tliat same do pass, to.-wit:

468

JOURNAL OF THE HousE.

A resolution to direct the Governor to communicate with Mr. Luther Burbank relative to cotton plant experiments.
A resolution to request members of Congress and United States Senators from Georgia to vote for bills in Congress to prohibit fictitious trading in commodities.
Also the following resolution of the House with the recommendation that same do pass, as amended, to-wit:
A resolution to request members of Congress anri United States Senators from Georgia to vote for bills directing Agricultural Department to gather cotton statistics.
Respectfully submitted, M. L. JoHNSON, Chairman.

Mr. Fulbright, Chairman of the Special Judiciary' Committee, submitted the following report:

Mr. Speaker:

Special Judiciary Committee has had under con-

sideration House resolution number 17, and instruct

me to report same back with the recommendation

that it do pass by substitute.



Respectfully submitted,

H. J. FuLLBRIGHT, Chairman.

THURSDAY, JULY 8, 1909.

469

The following bills were read the second time:

._

'

By Mr. Faircloth-

A bill to require tax collectors to keep a record book of special taxes.

By Messrs. Vinson, Persons, Barksdale and Anderson, of Bulloch-

A bill to increase the salaries of Justices of the Supreme Court.

By Messrs. Vinson, Persons, Barksdale, Anderson-

A bill to fix the salaries of the Judges of the Court of Appeals.

By Mr. Godley, of Camden-

A bill to provide Jor the appointment of a judge of the City Court of St. Marys.

By unanimous consent the following resolutions

were read the second time and put upon their pas-

'

sage, to-wit:

By Mr. Alexander, of l!,ulton-

A resolution to direct the Governor to communicate with Luther Burbank, of California, and request him to include the cotton plant in his experiments.

470

JouRNAL OF THE HousE.

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 100, nays 0. The resolution was therefore adopted.

By Mr. Anderson, of Chatham-
A resolution to amend the inscription to be placed upon the monument of General James Oglethorpe.
The substitute proposed by Mr. Anderson was adopted.
The report of the Committee which was favorable to the passage of the resolution by substitute was agreed to.
On the adoption of the resolution the ayes were
94, nays 6-. rrhe resolution was therefore adopted.
House Resolution No. 37 was withdrawn at the request of the author.
House Resolution No. 50 was taken from the Committee on Appropriations and referred to Committee on Ways and Means.
House Bills Nos. 63 and 182 were taken from the General .Judiciary Committee and referred to the Special Judiciary Committee.

THURSDAY, JULY 8, 1909.

471

House Bill No. 121 was taken from the General Judiciary Committee and referred to the Committee on Insurance.
House Bill No. 321 was taken from the Committee on Temperance and referred to Committee on Reformatories.
House Bill No. 25 was taken from Committee on Corporations and referred to Committee on Roads and Bddges.
House Bill No. 5 was taken from General Agricultural Committee and referred to General Judiciary Committee.
House Bill No. 290 was taken from the General Agricultural Committee and referred to Committee on Education.
House Bill No. 8 was taken from Committee on General Judiciary and referred to Committee on Corporations.
House Bill No. 285 was taken from Committee on Hygiene and Sanitation and referred to the Committee on Education.

By Mr. Vinson, of Baldwin_:_
A resolution requesting t)le Senators and Congressmen from Georgia to use their influence to

472

JouRNAL oF THE HousE.

prohibit the fictitious trading on gram and cotton exchanges.
rrhe 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 75, nays 31. The resolution was therefore adopted.

By Mr. Vinson, of Baldwin-
A resolution requesting our Senators and Congressmen from Georgia to use their efforts and support measures that will require the Agricultural Department to gather information in regard to the amount of cotton in warehouses and the hands of manufacturers, and for other purposes.
The following amendment was adopted:

By Mr. Hardman-

To amend by striking from the 13th line the words '

''and ~he probable demand''; also by striking out

after the word "for" in line 24 the words "and the

/

probable demand for cotton goods.''

The favorable report of the Committee was agreed to.

On the passage of the resolution the ayes were

THURSDAY, JuLY 8, 1909.

473

94, nays 0. The resolution was therefore adopted as amended.

By Mr. Lewis, of Hancock-

A bill to re-arrange the Ocmulgee and Northern Judicial Circuits.
The Committee proposed to amend by striking from 3rd and 4th lines of Section 1 the words "first day of January, 1910,'' and inserting words ''passage of this Act."

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 1.
The bill having received the requisite Constitutional majority, was passed as amended.
On motion of the authors, House Bills Nos. 217 \
and 218 were tabled.
Leave of absence was granted Mr. Reid, of Putnam.
On motion of Mr. Hardman, the House adjournx1 until 10 o ~clock tomorrow morning.

474

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,

FRIDAY, July 9th, 1909:

The House m'et 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 Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Bulloch Anderson of Chatham Armistead Atherton Atkinson Ault Barksdale Bagley -Bailey Baker Barrett Beacham Beasley Bell Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Carroll Brown of Fulton Brown of Henry

Brown of Murray Burch Butt Buxton Calbeck Cannon Carswell Carter Chandler Childs Converse Cooke Cordell Couch Cowan Culberson Cureton Daniel Davis Dickson Drawdy Edmondsofl. Edwards Elder Ellis Ellison English

Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Goodley Grad dick Griffin of Sumter Griffin of Twiggs Guyton Han
Hardeman of J e:ffs 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill

FRIDAY, JULY 9, 1909.

475

Holder of Floyd

Moss

Holtzclaw

MacFarland

Howell

Macintyre

Hubbard

McArthur

Hullender

McCarthy

Huie

McConnell

Johnson of Bartow McCrory

Johnson of Jeff Davis McCurry

Johnson of Towns McCutchen

Joiner

McElreath

Jones of Laurens McMahan

Jones of Meriwether McMichael of Butts

Jones of Mitchell McMichael of Marion

Keith

McWhorter

Kelley

Oliver

Kendrick

Parker of Decatur

Kennedy

Parker of Talbot

Kicklighter

Paulk

Kidd

Peacock

Kirby

Persons

Lawrence

Pierce

Lewis

Pope

Littleton

Porter

Lord

Price

Lovejoy

Proctor

Marshall

Reaves

Meadows .of Telfair Redding

Meadows of Toombs Reese

Middlebrooks

Reid of Campbell

Miller of Calhoun Reid of Macon

Miller of Ware,.

Reid of Putnam

Milikin

Rentz

Minter

Roberts

Mitchell

Rogers

Moore

Rosser

Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Turner '!'nrnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wood Wohlwcndcr Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

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

Leave of absen~e was granted Mr. McArthur, of

476

JouRNAL oF THE HousE.

Montgomery, on account of the illness of one of his children, at the request of Mr. Ellis, of Bibb.
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 to investigate the condition of the gallaries of the House and Senate.
Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
The Committee on Special Judiciary has had under consideration certain bills of the House and instructed me as their Chairman to report them back with recommendations as follows:
House Bill No. 17 do pass as amended. -House Bill No. 18 do pass. House Bill No. 165 do pass. House Bill No. 174 do pass~ House Bill No. 183 do pass as amended.

FRIDAY, JULY 9, 1909.

477

House Bill No. 220 do pass as amended. House Bill No. 222 do pass. House Bill No. 287 do pass. House Bill No. 300 do pass. House Bill No. 302 do pass. House Bill No. 353 do pass.
Respectfully submitted,
]'uLLBRIGHT, Chairman.

Mr. Reid, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

I

Your Committee on Ways and Means have had under consideration the following bill of the House, to-wit:
I
No. 361. An Act to provide compensation for Ordinaries in this State for issuing licenses to dealers in imitations or substitute for beer, ale, wine, whiskey, or other spirituous or malt liquors, under the Act of September 5th, 1908, and for other purposes.'' And they direct me as their Chairman to report the same back to the House with recommendation that the same do pass.

ALSO, Bill No. 365. Being an Act to provide

478

,JouRNAL oF THE HousE.

that the funds now in the Treasury of this State, or

that may hereafter come into said Treasury, al."ising

from the licem;e tax on persons, firms or corpora-

tions manufacturing or selling in this State, or main-

taining therein supply depots or places for dis-

tributing any imitation or substitute for beer, ale,

wine, whiskey, or other spirituous or malt liquors

under the Act approved September 5th, 1908, and

.-

commonly known as the near beer tax, shall be made available for meeting the general expenses and appropriations of the Stat~, and for other purposes.

Whi~h they direct me to report back to the House with the recommendation that the same do pass, as amended.

They have also had under eonsideration tl1e following resolutions of the House which they instruct me to report back to the House with the recommendation that the same do pass, to-wit: House Resolution No. 44.

To authorize the Treasurer of this State to sign his name to certain bonds issued b~ the State. HI()use Resolution No. 52.

A resolution authorizing the Governor to borrow money to supply casual deficiencies in the revenue.
Respectfully submitted, C. S. REm, Chairman.

FRIDAY, .JULY 9, 1909.

479

The call of the roll of Counties was dispensed with by unanimous consent and the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Huie, of Clayton-
A bill to amend Convict Act so as to place near beer tax in the common school fund.
Referred to Committee on :FJducation.
By Mr. Bell, of Cherokee-
A bill to repeal an Act to creat~ a Board of Roads and Revenues for the County of Cherokee.
Referred to Committee on Counties and County Matters.
By Mr. Henderson, of Irwin-
A bill to provide for the payment of court ~osts in certain cases.
Referred to Committee on Special Judiciary.
(
Ey Mr. McElreath-
A bill to amend an Act to amend the Charter of East Point.
Referred to Committ~e on Special J~diciary.

480

JOURNAL OF THE HouSB.

By Mr. Ault1 of Polk-

A bill to amend an Act to prohibit drunkenness on public highways.
Referred to Committee on Temperance.

By Mr. Bell, of Cherokee-

A bill to create the City Court of Canton. Referred to Committee on 'special Judiciary.

By Mr. Beazley, of Lee-

A bill to provide that no person shall be ineligible to appointment as a Commercial Notary by reason of sex.
Referred to Committee on General Judiciary.

By Messrs. Adams and Carter, of Hall-

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of
/
Hall.
Referred to Committee on Special Judiciary.

FRIDAY, JuLY 9, 1909.

481

By Messrs. Brinson and Parker, of Decatur-

A bill to prescribe that only freeholders can be Trustees of School Districts.

Referred to Committee on Education.

By Mr. Gastley, of Habersham-

A bill to amend an Act to submit the question of local taxation for public schools in Demorest.

Referred to Committee on Education.

By Mr. Hendricks, of Tift-

A bill to pay the pension due J. B. MeNeal for 1909.

Referred to C()mmittee on Pensions.

By Mr. Rentz, of Hom;ton-

A bill to incorporate the town of Grovania.

Referred to Committee on Counties and County Matters.

1!)-nj

482

JOURNAL OF THE HousE.

By Messrs. Brown, McElreath and Alexander, of Fulton, and Hardeman, of J e:fferson-
A resolution to pay the heirs of Sherman .J. Sims for right of way taken by _Northeastern R. R.
Referred to Committee on Railroads.

By Messrs. Kirby and Couch, of CowetaA resolution to pay pension due Mrs. Sarah
Rigsby. Referred to Committee on Pensions.
By Messrs. Hardman and Holder, of ,Jackson-
A resolution to pay vV. L. Williamson $100, and
for other purposes. Referred to Committee on Appropriations.
By Messrs. Ellis and Evans, of BibbA bill to regulate the salaries of stenographers in
certain Counties. Referred to Committee on Special ,Judiciary.
By Mr. Holtzclaw, of HoustonA bill to authorize the Commissioner of Agri-

FRIDAY, JULY 9, 1909.

483

culture to pay the expenses of the Chief Drug Inspector.
Referred to Committee on Engrossing.

By Messrs. Barksdale and Booker, of Wilkes-
A bill to create a new Judicial Circuit and provide a ,Judge and Solicitor therefor.
Referred to Committee on General Judiciary.

By Mr. Hardman, of Jackson-
A bill to create a State Road Commissioner for Georgia.
Referred to Committee on Roads and Bridges.

By Messrs. Persons, Vinson, Turner and Brown, of Fulton-
A bill to appropriate $15,000 for the erection of a building for the treatment of tuberculosis.
Referred to Committee on Appropriations.

By Mr. Alexander, of DeKalbo-A resolution to pay S. P. Jones $431.00 dollars. Referred to Committee on Appropriations.

484

JOURNAL OF THE HousE.

By unanimous consent the following bill was read the third time and put upon its passage, to-wit:

By Mr. Godley, of Camden-
A bill to provide for the appointment of a Judge of the City Court of St. Marys, and for other purposes.
The report of the Committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 110, nays 0.
rl1 he bill having received the requisite Constitutional majority, was passed.

By Mr. Kidd, of Baker, and Faircloth, of .Johnson-
A bill to require County Tax Collectors to keep a record cash book in which shall be recorded all itemR of cash collected, &c., and for other purposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 129, nays 1-.,
The bill having received the requisite Constitutional majority, was passed.

FRIDAY, .JULY 9, 1909.

485

By Messrs. Vinson, Anderson, of Bulloch, Persons and Barksdale-
A hill to increase the salaries of the ,Justices of the Court of Appeals of Georgia.
The previous question was called on the hill and pending amendment, and sustained, and the main question ordered.
The following amendments were offered, to-wit:

By Mr. Alexander, of DeKalh-
rro amend by striking out all after the title of the hill and insert the following:
Be it enacted by the General Assembly, rrhat the salaries of the Judges of the Court of Appeals, after the present terms shall respectively expire, shall be fixed at $4,500 each per annum.

By Mr. Porter, of Floyd-
To amend by striking "$6,000" and insert "$5,000."
The above amendment was lost.
By unanimous consent, the session was extended until 1 :15 o'clock for the purpose of reading bills favorably reported a second time.

-!86

.JouRNAL oF THE HousE.

By unanimous com;ent the sessio'n was extended until the bill under discusKion to increase the salaries of the .Tmiges of the Court of Appeals be disposed of.
Discussion of the above bill was resumed.
By unanimous consent, Mr.Johnson, of Bartow, proposed to amend the amendment of Mr. Alexander, of DeKalb, by striking the figures "$4,500" and insert in lieu therefor "$-!,000."
On the adoption of the above amendment to the amendment of Mr. Alexander, the ayes and nays were ordered and tile vote was as follows:

Those voting in the affirmative were Messrs.:

Adams ,\lien
Al~ey
Armistead Bagley Baker Beacham Brinson of Decatur Brinson of Emanuel Brown of Henry Cal beck Cannon Carter Chandler Cooke C'ordell Couch Cowan Culberson

Daniel Drawdy Edmondson Edwards Elder Ellison English Ford Gastley Griffin of Sumter Hardman of Jackson Harrington Harvey ;Hatfield Heard Helms Henderson of Turner Hendricks Holder of Floyd

Howell Hubbard Hullend!-r Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Keith Kelley Kendrick Kennedy Kidd Kirby Lord Meadows of Toombs Middlebrooks Miller of Ware

FRIDAY, .JULY 9, 1909.

487

Milikin

Moore

Moss

McConnell

McMahan

McMichael of Butts

McWhorter

Oliver

...

Parker of Decatur

Paulk

Peacock Pope Price Proctor Reaves Reid of Campbell Rentz Shirley Smith of Gilmer Smith of Walton

Stovall Tippins Tracey Turner Waddell Walters Watkins Whiteley \Vight of Grady Wood

Those voting m the negative were Messrs.:

A]exander of DeKalb Alexander of Fulton Anderson of Bulloch Anderson of Chatham Atherton Atkinson Ault Barksdale Bailey Beasley Bell Booker Brown of Carroll Brown of Fulton Brown of Murray Burch Butt Buxton Childs Converse Davis Dickson Ellis Faircloth Fender Field of DeKalb

Fullbright Garlington Gillis Goodley Griffin of Twiggs Graddiek Guyton Hardeman of Jeffs 'n Henderson of Irwin Hill Holtzclaw .Jones of Meriwether .Jones of Mitchell Kicklighter Lawrence Lewis Littleton Lovejoy Marshall Meadows of Telfair Miller of Calhoun Minter Mitchell MacFarland Macintyre McCarthy

McCrory McCurry McCutchan .McElreath Parl,er of Talbot Persons Porter Hedcling Roberts Rogers Rheppard Simmons Rimpson Slade Fitrong Tarver 'ruggle Turnipseed Upshaw Vinson Wasden White of Screven Williams Wohlwender Woodliff Wright of I'loyd

488

.JouRNAL oF THE HousE.

Those not voting were Messrs.:

Barrett Berry Boyd Carswell Cureton Evans Fields of Crisp

Hall McArthur M<>Michael of Marion Pierce Reese Reid of Macon Reid of Putnam

Rosser Smith of Tattnall Stubbs Wright of Stewart Mr. Speaker


rrhe roll call waH verified and on counting the vote it waH found that the ayes were 87, nays 78. rrhe amendment was therefore adopted.

The amendment as proposed by Mr. Alexander, of DeKalb, was then put to a vote and adopted a~ amended.

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

On the passage of the hill as amended the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative weie Messrs.:

Adams

Ault

Alexander of DeKalb Barksdale

Alexander of Fulton Bagley

Allen

Bailey

Alley

Baker

Anderson of Bulloch Beacham

A;1derson of Chatham Bell

Armistead

Booker

Atherton

Brinson of Decatur

Atkinson

Brinson of Emanuel

Brown of Fulton Brown of Henry Brown of Murray Burch Butt Buxton Calbeck Cannon Carter Chandler

FRIDAY, .JULY D, 1909.

48D

Childs
('onYC:BC
Cooke Cordell Couch Cowan Culberson Daniel Davis Dickson Drawdy E'dmondson Edwards Elder Ellis Ellison Evans Faircloth Fender Field of DeKalb Ford Garlington Gastley Gillis Godley Griffin of Sumter Guyton Hardeman of Jeffs'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd Hubbard

Hullender

Parker of Decatur

Johnson of Bartow Parker of Talbot

Johnson of Jeff Davis Paulk

.Tohnson of Towns Peacock

Joiner

Persons

Jones of Laurens Pope

Jones of Meriwether Porter

Keith

Price

Kelley

Proctor

Kendrick

Reaves

Kennedy

Redding

Kicklighter

Reid of Campbell

Kidd

Rentz

Kirby

Roberts

Lawrence

Rogers

Lewis

Shirley

Littleton

Simmons

Lord

Slade

Lovejoy

Smith of Gilmer

Meadows of Telfair Smith of Walton

Middlebrooks

Stovall

Miller of Calhoun Tippins

Miller of Ware

Tracey

Milikin

Tuggle

Minter

Turner

Mitchell

Turnipseed

Moore

Upshaw

Moss

Vinson

MacFarland

Waddell

Macintyre

walters

McCarthy

watkins

McConnell

White of Screven

McCrory

Wight of Grady

McCurry

Williams

McCutchen

Wood

McElreath

'\'ohlwender

McMichael of Butts Woodliff

McMichael of Marion Wright of Floyd

Mc\Vhorter

Oliver

490

.JovRNAL oF THE HovsE.

Those voting m the negative were MeHsrs:

Beasley Brown of Carroll English Fullbright

Holtzclaw Huie Meadows of Toombs McMahan,

ShC'ppard Simpson Tarver Whiteley

Those not voting were Messrs.

Barrett Berry Boyd Carswell Cureton Fields of Crisp Grad dick Griffin of Twiggs

Hall Howell Jones of Mitchell Marshall l\'l_cArthur Pierce Reese Reid of Macon

Reid of Putnam Rosser Smith of Tattnall Strong Stubbs Wasden Wright of Stewart Mr. Speaker

The roll call was verified and on counting the votes the ayes were 148, nays 12.
rl'he hill having received the requisite Constitutional majority, was passed as amended.

The following bills were read the second time, towit:

l\~ Mr: VinsonA bill to create the City Court of Milledgeville.
By Mr. VinsonA bill to repeal an Act to create the County Court
of Baldwin County.

FumAY, .JULY 9, 1909.

4fll

By Mr. txarlington-
A bill to require executions to be recorded in the Uounty where the land lies in order to be a lien thereon,

By Mr. Reid, of Campbell-
A resolution to authorize the ~tate ':rreasnrer to sign certain bonds.

By Mr. Reid, of Campbell-
A resolution to authorize the Governor to borrow money to supply casual deficiencies.

By Mr. MeWhorter-
A bill to change the time of holding the Rnperior Court of Greene County.

By Mr. Lewis, of Hancock-
A bill to assess the punishment of all persons convicted of crime.

By Messrs. Barksdale and Booker-
A bill to change the time of holding the Superior Court of wilkes County.

492

.JOURNAL OF THE HousE.

By Mr. Reid, of Campbell-

A bill to provide compensation for Ordinaries for issuing licen:-;es for dealers in wine, &c.

By Mr. Reid, of Campbell-

A hill to provide that the license tax derived from the sale of near heer, &e., shall be made available for meeting the general expense:-; of the State.
Ry Messrs. Little, Garlington and Pieree-

A bill to authorize the City of Augusta to acquire by condemnation or otherwise, any property neces:-;ary to laying water pipes.
By .Messrs. Little, Garlington and Pierce-

A bill to create a Hiver and Canal CommiHsion for the protection of the City of Augusta.
By Mr. Miller, of Calhoun-

A bill to amend an Act to create the City Court of Calhoun County.
By Mr. Burch-

A bill to amend an Act to create the City Court of Dublin.

FRIDAY, JuLY 9, 1909.

493

The following communication was received from Mr. Force, Superintendent of the Soldiers' Home:

CoNFEDERATE SoLDIER's HoME OJ<' GEORGIA,

ATLANTA, GA., July 7, 1909.

THE HoNORABLE HousE OF REPRESENTATIVES,

STATE OF GEORGIA. -

Gentlemen:

I have the honor, together with the great pleasure,

to extend to your Honorable Body an earnest invita-

tion to make the Confederate Soldiers' Home of

Georgia an informal visit at such time as will best

suit your convenience. It is my wish that each. of

the honorable gentlemen representing the people

of our grand old State should visit the Home and

investigate thoroughly each and every department

of the institution and see and know just how the

splendid old veterans of the immortal sixties are

being entertained. The courtesies of the House will

be extended.

Respectfully,

A. W. FoRCE, Supt.

494

JouRNAL oF THE HousE.

Leave of absence was granted Mr. Edwards, of, Walton; Mr. Oliver, of Quitman; Mr. Middlebrooks, of Newton.
The Speaker then announced the House adjourned until 10 o'clock A. M. tomorrow.

SATURDAY, JuLY 10, 1909.

493

ATLANTA, GEORGIA,
SATURDAY, July 10, 1909.
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.
By unanimous consent the call of the roll and the reading of the Journal of yesterday's proceedings were dispensed with.
Mr. Brown, of Carroll, Vice-Chairman of the General Judiciary Committee, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary have had under consideration the following bill of. the House and instruct me as their Vice-Chairman to report same back to the House with the recommendation that same do pass, to-wit:
A bill to amend Sections 5520, 5521 and 5522 of the Code of 1895 so as to increase salaries of the stenographers of the Supreme Court.
Also,
The following bill of the House with the recommendation that same do not pass, to-wit:

496

JouRNAL OF THE HousE.

A bill to authorize Judges of criminal courts to suspend sentence in their discretion.
Also,
Recommended that House Bills No. 65, No. 242 and No. 272 be taken from General Judiciary Committee and be referred to Committee on Special Judiciary.
Also,
Recommended that House Bills No. 28, No. 61, No. 109 and No. 147 be taken from General Judiciary Committee and be referred to Committee on Insurance.
Also,
Recommended that House Bills No. 135 and No. 338 be taken from General .Judiciary Committee and be referred to Committee on Railroads.
Also,
That House Bill No. 276 be taken from General Judiciary Committee .and be referred to Committee on Game and Fish.
Also,
That House Bill No. 54 be taken from General Judiciary Committee and be referred to Coillmittee on Public Property.

SATURDAY, JuLY 10, 1909.

497

Also,
That House Bill No. 58 be taken from General Judiciary Committee and be referred to Committee on Public Library.
Also,
'l'hat House Bill No. 341 be taken from General Judiciary Committee and be referred to Committee on Ways and Means.
Respectfully submitted,
W. F. BRowN, Vice-Chairman.

By unanimous consent the recommendations embraced in the above report were adopted. .
Mr. Macintyre, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters having had under consideration House Bills Nos. 265, 309, 89, 101, 30, 168, 87, have instructed me as their Chairman to report the same back to the House with the following recommendations:
That House Bill No. 265 do pass as amended. That House Bill No. 309 do pass.

498

JouRNAL oF THE HousE.

That House Bill No. 89 be referred to the Committee on Education.
That House BUl No. 101 do pass as amended. '!'hat House Bill No. 30 be referred to the Committee on Roads and Bridges. That House Bill No. 168 do pass. That House Bill No. 87 do pass.
Respectfully submitted,
MAciNTYRE, Chairman.

By unanimous consent the following bills were introduced and read the first time, to-wit.
By Messrs. Jones, of Meriwether, Parker, of Talbot, and Lovejoy, of TroupA bill to incorporate the City of Manchester m
the Counties of Meriwether and Talbot. Referred to Committee on Corporations.
By Mr. McMahan, of Clarke-
A bill to appropriate money to establish and maintain a dairy on the campus of the State University.
Referred to Committee on Appropriations.

SATURDAY, JuLY 10, 1909.

4!)9

By Mr. Alley, of WhiteA bill to amend Section 574 of Volume I of the Code. Referred to Committee on Special .Judiciary.
By Mr. Davis, of DoughertyA bill to create a new Charter for the City of
Albany. Referred to Committee on Corporations.
By Mr. Alley, of WhiteA bill to amend an Act to provide against the
evils resulting from traffic in certain narcotic drugs. Referred to Committee on Hygiene and Sanitation.
By Mr. Ford, of WorthA bill to provide for the creation of local tax dis-
trict schools. Referred to Committee on Education.
By Mr. Ford, of WorthA resolution for the relief of J. C. Rogers.
Referred to Committee on Penitentiary.

500

JouRNAL OF THE HousE.

By Mr. Davis, of Dougherty-

A bill to amend an Act to create a Bank Bureau in the State Treasury.
Referred to Committee on Banks and Banking.

By Mr. J:i,ender, of Lowndes-

A bill to amend an Act to authorize and empower owners of bills of sale to foreclose same as in the same manner as mortgages are foreclosed.
Referred to Committee on General Judiciary.

By Mr. Brown, of J:i,ulton-

A bill to provide compensation for expert witnesses.
Referred to Committee on General Judiciary.

By Mr. Lewis, of Hancock-

A bill to provide pensions for certain widows of Confederate soldiers.
Referred to Committee on Pensions.

SATURDAY, JuLY 10, 1909.

501

By Mr. Williams, of MadisonA bill to incorporate the town of Five Forks m
Madison County. Referred to Committee on Corporations.
By Messrs. Beazley and ]~ordA resolution to declare the passing of checks,
where the signer has no funds, a misdemeanor.
Referred to Committee on Banks and Banking.
By Mr. Moss, of CobbA bill to amend certain Sections of the Code. Referred to Committee on General Judiciary.
By Mr. Meadows, of _TelfairA bill to create the office of Commissioner of Roads
and Revenues for the County of Telfair. Referred to Comimttee on Counties and County
Matters. By Mr. Henderson, of Turner-
A bill to abolish the City Court of Ashburn. Referred to Committee on Special Judiciary.

502

JouRNAL oF THE HousE.

By Mr. Meadows, of Telfair-
A bill to amend an Act to provide for the creation of a Board of Commissioners of Roads and Revenues for the County of Telfair.
Referred to Committee on Counties and County Matters.

By Mr. Jones, of Mitchell-
A bill to provide compensation for the Commissioners of Roads and Revetmes of Mitchell County.
Referred to Committee on Appropriations.
The following bills were read the second time, towit:

By Mr. Tracey, of Webster-
A bill to amend an Act in reference to the Commissioners of Roads and Revenues of Webster County.

By Mr. Calbeck, of Gordon-
A bill to provide compensation for the Commissioners of RoadH and Revenues for Gordon County.
The following hills were read the third time and put upon their passage, to-wit:

SATURDAY, JULY 10, 1909.

503

By Messrs. Littleton, Garlington and Pearce-
A bill to create a River and Canal Commission for the protection of the City of Augusta.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Littleton, Garlington and Pierce-
A bill to authorize the City of Augusta to acquire by condemnation or otherwise fee simple to any real property in Augusta or Richmond County, which may be necessary to the laying of water pipes.
'L'he Committee proposed to amend by adding in line :2 of caption after words "simple" the word "title."
Also,
By adding at the end of Section 2 the words "and Acts amendatory thereof.''
Also,
By adding in line 4, Section 1, after the word "simple," the word "title."

504

.JouRNAL OF THE HousE.

The report of the Committee which was favorable. ~o the passage of the bill as amended 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 as amended.
By unanimous consent, House Bill No. 30 was taken from the Special Judiciary Committee and referred to Committee on Constitutional Amendments.
By unanimous consent, House Bill No. 89 was taken from Counties and County Matters Committee and referred to Committee on Education.
By unanimous consent, House Bill No. 30 was taken from Counties and County Matters CommittPe and referred to Committee on Roads and Bridges.
Leave of absence was granted Mr. McCutchen.
On motion of Mr., Hardeman, of J e:fferson, the House adjourned until 10 o'clock Monday morning.

MoNDAY, JuLY 12, 1909.

505

ATLANTA, GEORGIA,

MoNDAY, July 12, 1909.

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

Brown of Henry

Alexander of DeKalb Brown of Murray

Alexander of Fulton Burch

Allen

Butt

Alley

Buxton

Anderson of Bulloch Calbeck

Anderson of Chatham Cannon

Armistead

Carswell

Atherton

Carter

Atkinson

Chandler

Ault

Childs

Barksdale

Converse

Bagley

Cooke

Bailey

Cordell

Baker

Couch

Barrett

Cowan

Beacham

Culberson

Beasley

Cureton

Bell

Daniel

Berry

Davis

Eooker

Dickson

Boyd

Drawdy

Brinson of Decatur E'dmondson

Brinson of Emanuel Edwards

Breivn of Carroll

Elder

Prown of Fulton

Ellis

Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Grad dick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin

506

JouRNAL OF THE HousE.

Henderson of Turner Minter

Hendricks

Mitchell

Hill

Moore

Holder of Floyd

Moss

Holtzclaw

MacFarland

Howell

Macintyre

Hubbard

McArthur

Hullender

.McCarthy

Huie

McConnell

Johnson of Bartow McCrory

Johnson of Jeff Davis McCurry

Johnson of Towns McCutchen

Joiner

McElreath

Jones of Laurens McMahan

Jones of Meriwether McMichael of Butts

Jones of Mitchell McMichael of Marion

Keith

McWhorter

Kelley

Oliver

Kendrick

Parker uf Decatur

Kennedy

Parker of Talbot

Kicklighter

Paulk

_Kidd

Peacock

Kirby

Persons

Lawrenee

Pierce

Lewis

Pope

Littleton

Porter

Lord

Price

Lovejoy

Proctor

Marshall

Reaves

Meadows of Telfair Redding

Meadows of Toombs Reese

Middlebrooks

Reid of Campbell

Miller of Calhoun

Reid of Macon

Miller of Ware

Reid of Putnam

Milikin

Rentz

Roberts Rogers Rosser Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady \, illiams \Vood \V{}hlwender Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

Those absent were Messrs.:

Stubbs
The Journal of Saturday's proceedings was read and confirmed.

MoNDAY, JuLY 12, 1909.

{)07

By unanimous consent, House Bills Nos. 17 and 18 were re-committed to the Special Judiciary Committee.
By unanimous consent, the call of the roll of Counties was dispensed with and the following bills 'vere read the first time, to-wit:

By ~r. McFarland, of Mcintosh-
A bill to provide for the detachment of 'l'attnall County from the Middle Judicial Circuit.
Referred to Committee on General Judiciary.

By Mr. Ellison, of Harris-
A hill to repeal an Act to create the City Court of Hamilton.

Referred to Committee on Counties and County Matters.

By Mr. Persons, of Monroe (by request)A bill to amend Section 420 of the Code of 1895.

Referred to Committee on Railroads.

508

JOURNAL OF THE HousE.

By Mr. Cannon, of RabunA bill to prohibit fishing in Little rrenneRsee River. Referred to Committee on Game and Fish.
By Mr. Childs, of TaylorA bill to incorporate the town of Choring. Referred to Committee on Corporations.
By Messrs. Waddell and AultA bill to amend an Act to provide against the evils
resulting in the traffic of certain narcotic drugs. Referred to Committee on Hygiene and Sanitation.
By Messrs. Couch and KirbyA bill to amend an Act to incorporate the town
of Grantville. Referred to Committee on Corporations.
By Messrs. Johnson, of Bartow, and Reid; of PutnamA bill to create the office of State Veterinarian,
and for other purposes. Referred to Committee on General Agriculture.

MoNDAY, JuLY 12, 1909.

509

By Messrs. Johnson, of Bartow, and Reid, of Putnam-
A bill to protect live stock from contagious and infectious diseases.

Referred to Committee on General Agriculture.

By Mr. Huie, of Clayton-

A bill to prevent the misbranding or adulteration of agricultural seeds.

Referred to Committee on General Agriculture.

By Mr. Cowan, of Rockdale-

A bill to regulate the grading of cotton seed meal.

Referred to Committee on General Agriculture.

By Mr. McMichael, of Marion-

A bill to revise the school laws so as to change the State Board of Education, &c.

Referred to Committee on Education.

510

JouRNAL oF THE HousE.

By Messrs. Lewis, of Hancock, and 'farver, of whitfield-

A bill to provide restrictions upon the issuance of warrants for criminal offenses.

Referred to Committee on Special Judiciary.

By Mr. Reid, of Campbell-

. A bill to annually levy and collect a tax for the support of the State Government.

Referred to Committee on Ways and Means.

The following bills were re-committed, to-wit:

By Mr. Vinson-

A bill to repeal an Act to create the County Court of Baldwin County.

By Mr. Vinson, of Baldwin-

A bill to create the City Court of Milledgeville.

The following bill was read the second time and re~committed, to-wit:

MoNDAY, JuLY 12, 1909.

511

By Messrs. Holder, Porter and Wright, of Floyd-

A bill to amend and consolidate the Acts to incorporate the City of Rome.

By Mr. Tarver, of Whitfield-
A bill to repeal an Act to create the City Court of Dalton.

By Messrs. Roberts, McMichael, Sheppard and Hardman-

A bill to amend Sections 5520, 5521, 5522 of the Civil Code.

By Mr. Walters, of Colquitt-
A bill to amend an Act to create the City Court of Moultrie.

By Mr. Holtzclaw-

A bill to authorize the Commissioner of Agricul-

ture to pay the traveling expenses of the Chief Drug

Inspector.



The following resolution was taken from the table, read and adopted:

512

JouRNAL OF THE HousE.

By Mr. Stovall, of Elbert-
A resolution inviting Dr. J. N. MacCarmack, of Kentucky, to address the General Assembly some time in July or August.
Mr. Alexander, Chairman of the Committee on Western and Atlantic R. R., submitted the following report:
M'l-. Speaker:
Your Committee on the Western & Atlantic Railroad have had under consideration House Bill No. 167, the same being a bill to authDrize the town of Calhoun to construct a street crossing over the tracks of the Western & Atlantic Railroad, and instruct me as their Chairman to report the same back with the recommendation that it do pass as amended.
HooPER ALEXANDER, 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. 284 and instruct me as its Chairman to report that the same do pass.
Respectfully submitted, McMicHAEL, of Marion, Chairman. July 12, 1909.

MoNDAY, JULY 12, 1909.

513

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

By Messrs. Field and Alexander, of DeKalb-
A bill to make effective Paragraph 5, Section 1, Article 11, of the Constitution.
Referred to Committee on Counties and County Matters.
House Bills Nos. 174, 364, 24, and 365 were tabled.
The following bills were read the second time, towit:

By Mr. Calbeck-
A bill to authorize the Mayor and Council of Calhoun to construct a street crossing across the Western & Atlantic R. R.

By Mr. Reid, of Campbell-
A bill to amend the Charter of the town of Fairburn.

By Mr: Fields-
A bill to repeal an Act to provide for changing County lines lying within incorporated towns.

17h j

514

.1ouRNAL 6F THE HousE.

The following bi1ls were read the third time and put upon their passage, to-wit:

By Mr. McWhorter, of Greene-

A bill to change the time of holding the Superior Court of Greene County.

The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 104, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Reid, of Campbell-

A resolution to authorize the Treasurer of this State to sign his name to certain bonds issued by the ~tate.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 104, nays 0.
The bill having received the requisite Constitutional majority, ;was pRRsed.

MoNDAY, JuLY 12, 1909.

515

By Mr. Reid, of Campbell-

A resolution to authorize the Governor to borrow money to supply casual deficiencies in the revenues.
The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes were 110, nays 0.
The resolution having received the requisite Constitutional majority, was passed.

By Mr. Burch, of Laurens-
A bill to amend an Act to create the City Court of Dublin.
The Committee proposed toamend as follows:
To amend by adding ~t the end of line 18, Sec-tion . 2, the following "The fees of said stenographer. to be paid out of the funds of Laurens County by the Treasurer thereof.''
Also,
To amend by inserting between the words ''court'' and ''said'' in line 20, Section 2, the words ''or Co~rt of Appeals of Georgia.''



516

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 were 105, nays 0.
rrhe bill having received the requisite Constitutional majority, was passed as amended.
On motion of Mr. Reid, of Putnam, House Bills Nos. 217 and 218 were taken from the table.

By Mr. Reid, of Putnam-
A bill to abolish the Board of County Commissioners of Putnam County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 112, nays 0.
T~1e bill having received the requisite Constitutional majority, was passed.

By Messrs. Barksdale and Booker-
~\ bill to change the time of holding the Superior Court of Wilkes County.
The favorable report of the Committee was agreed to.

MoNDAY, .JuLY 12, 1909.

517

On the passage of the bill the ayes were 109, nays 0.
The bill having received the re<1uisite Constitutional majority, was passed.

By Mr. :Miller, of Calhoun-
A bill to amend an Act to create a City Court in and for the County of Calhoun.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 111, nays 0.
The hill having reeeived the. requisite Constitutional majority, was passed.

By Mr. Reid, of Putnam-
A bill to create the office of Commissioner of Roads and Revenues for the County of Putnam.
Mr. Reid, of Putnam, offered the following amendment:
To amend by adding a new Section to be known as Section 8, to read as follows:
'' Jec. 8. Be it further enaetecl by the authority aioresaid, r:L'hat before said Aet shall become operative, it shall first be submitted to the qualified voters

518

JOURNAL OF THE HousE.

of Putnam County at an election to be called by th~ Ordinary of said County at some date between the 1st and 15th day of September, 1909, and if a majority of the votes at said election are cast in favo:r of said Act the same shall become operative from the date of said election. At said election those desiring to vote for said Act shall have written or printed on . their votes 'For One Commissioner,' and those desiring to vote against said Act shall have written or printed upon their ballots '],or Three Commissioners.'
''Said election shall be held as now provided by law, except that the returns thereof shall be made to the Ordinary of said County and said Ordinary shall dec1are the result of said election.''
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 112, nays 0.
Tbe ~ill having received the requisite Cqnstitutional maJority, ':Vas passed as amended.
On motion of Mr. ~e.r i::lg:o'l: 300 copies of House Bill No. 50 were ordered printed for the use of the House.
The Speaker. then announced the House adjourned until 10 o'clock tomorrow morning.

'

TuESDAY, JuLY 13, 1909.

519

ATLANTA, GEORGIA,
TUESDAY, July 13, 1909.
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.
By unanimous consent, the call of the roll and the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Hardeman, of Jefferson, Chairman of the Committee on part of the House to investigate the suspension of Chairman S. G. McLendon from the Railroad Commission, asked that the members of said Committee be excused from the morning session to attend a meeting of the Committee, which request was granted.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaket:
The Senate has concurred in the following House resolution, to-wit:
A resolution to direct His Excellency the Governor, to communicate with Mr. Lutl).er Burbank, of Santa Rosa, Cal., and request him to include the cot.ton plant in his experiments.

520

JouRNAL OF THE HousE.

Also,
A resolution requesting the Georgia Senators and CongreRsmen to use their influence towards requiring the Agricultural Department to gather certain information as t.o amount of cotton in ':Varehouses, etc.
'l'he following mem.:-1ge was received from the Senate through 1\!Ir. N orthen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite Constitu-



tional majority, the following hills of the Senate, to-

wit:

A bill to repeal an Act establishing the City Court of Dawson, in and for Trre1l County.

Also,

A bill to allow County Boards of Educatwn to borrow money to pay teachers.

Also,

A bilL to provide for holding three terms a year of Superior Court of :Montgomery County.

Also,
A hill to provide for "Geo~gia Day" to be obE:e; Ye<l on February J :2th of each year.

Tt:EsDAY, Jt:LY 1:3, H)m).
Also,
A hill to amend an Ad creating the City Court of 81iarta, in and for the County of Hancock.
The following meEsage 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 to amend the inscription to be placed upon the monument to General James :B~dward Oglethorpe, and to provide for the ceremonies attending the unveiling of the same.
Mr. Reid, of Campbell, Chairman of the Committee on Ways and Means, submitted the following report:
11-fr. Speaker:
Your Committee on 'Vays and .Means have had
under eonsideration the following House resolution whieh the~' instruet me as their Chairman to report haek to tlw House with the recommendation that the same do pass as amended, to-wit:
House Resolution No. 18.

522

JouRNAL OF THE HousE.

By Mr. Anderson, of Chatham-
A joint resolution to appoint a Special Tax Commission.
Also,
The following bill of the House which they instruct me to report back to the House with the recommendation that the same do not pass, to-wit:
No. 193.

By Mr. Baker, of Lumpkin-
A bill to be entitled an Act to tax the cash surrender values of all life insurance policies in Georgia, and requiring the same to be returned for taxes in the County where the holder of said policies reside; to require life insurance companies to file annually with the Comptroller-General of Georgia a list of the policies in force in the State of Georgia having a cash surrender value, and for other purposes.
Respectfully submitted,
C. S. REm, Chairman.

Mr. Barrett, of Stevens, Acting Chairman of the Committee on Counties and County Matters, submitted the following report:

TuESDAY, .JuLY 13, 1909.

523

Mr. Speaker:
Your Committee on Counties and County Matters having had under consideration House Bill No. 70, report same back with recommendation that it do pass, by substitute.
FERMOR BARRETT, Acting Chairman.

Mr. McMichael, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under con~ sideration House Bills Nos. 2, 67, 199, 407, and instruct me as its Chairman to report as follows:

No. 2 do pass as amended.

No. 67 do pass as amended.

No. 199 do pass.

No. 407 do not pass.

No. 384 do pass.

Respectfully,

July 13, 1909.

McMICHAEL, of Marion.

By unanimous consent the following resolution was read, to-wit :

.JouRNAL OF TI-m HousE.
By :.VIr. Wright, of F'loyd-
A resolution to appoint a Joint Committee to invc:-tigate the development of eertain State property.
Heferred to ( 'ommittPe on vV. & A. H. R .
.Mr. Anderson, of Chatham, moved that the abon~ resolution he taken from tht> W. & A. H. R. Committee and refprred to the Committee on Puhlit Property, whieh motion was lost.
By unanimous eonsent tlw following bill was read the first time, to-wit:
By Messrs. Evans, of Bibb, and Slader of Muscogee-
A bill to repeal all existing laws relative to the operating and running of trains or locomotives on approaching and going over public road crossings, and for other purposes.
Rt-ferred to Committee on General Judiciary.
Mr. Tohuson, of Bartow, moved that House Bill No. '27 be taken from the Committee. on Consti tutional Amendments and re-referred to the Committee on General Agriculture, which motion prevailed.
By unanimous consent, the following bills were introduced and read the first time, to-wit:

TuEsDAY, JULY 13, 1909.
By Mr. Garlington, of RichmondA bill to provide for sale of non-perishable prop-
erty by executors and administrators. Referred to Committee on General J-udiciary.
By Mr. Jones, of Meriwether-
A bill to make appropriations for the maintenance of the Executive, Judicial and Legislative Departments of the State Government.
Referred to Committee on Appropriations.
By Mr. Reid, of CampbellA bill to further amend the Charter of Palmetto. Referred to Committee on Corporations.
By Messrs. Moss and McDaniel-
A bill to authorize the town of Roswell to issue bonds for school purposes.
Referred to Committee on Corporations

526

JouRNAL OF THE HousE.

By Mr. McCarthy, of Chatham-

A bill to create a County Police Force m the County of Chatham.
Referred to Committee on Counties and County Matters.

By Mr. Upshaw, of Douglas-

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Douglas.
Referred to Committee on Special Judiciary.

By Mr. Reid, of Putnam-

A bill to provide for the assignment of deeds to secure debts.
Referred to Committee on General Judiciary.

By Mr. Reid, of Campbell-

A bill to amend the Charter of the town of Palmetto.
Referred to Committee on Corporations~

TuEsDAY, JuLY 13, 1909.

5:27

By Messrs. McCarthy, Barrett, Slade, McElreath, et. al.-

A bill to provide for a Department of Labor, and for other purposes.
Referred to Committee on Labor and Labor Statistics.

By Mr. Jones, of Mitchell-

A bill to pay the pension of J. B. Mayo.
Referred to Committee on Pensions.

By Mr. Peacock, of Pulaski-

A bill to provide for the sanitation of bakeries, canneries, packing houses, &c.
Referred to Committee on Hygiene and Sanitation.

By Mr. Barrett, of Stephens-

A bill to provide certain compensation for the

Ordinary of Stephens county.

,

Referred to Committee on Counties and County Matters.

528

JouRNAL oF THE HousE.

By Mr. Lewis, of Hancock-

A bill to amend Section 1354, Volume 1, of the Code of 1895.
Referred to Committee on Special .Tudiciary.

By Mr. McMichael, of Marion-

A bill to legalize certain stock law fences in Gear~ g1a.
Referred to Committee on General Agriculture.

By Mr. Alexander, of DeKalb-

A resolution to pay Susannah A. Simth a pension.

Referred to Committee on Pensions.

The following resolution was read and adopted, to-

wit:

'

By Messrs. McCurry, of Hart, and Boyd, of Spaldmg-

Whereas, information has reached this House of the bereavement that has been visited upon the Hon. D. R McArthur, of Montgomery, in the death of his baby:

TuESDAY, .TuLY 13, 1909.

529

Therefore, be it resolved by the House, That the sympathies of this House be extended to the Hon. D. S. McArthur and his family.
Further, That this resolution be spread upon the Journal and a copy of same be sent to his family.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Walters, of Colquitt-
A bill to amend an Act to create the City Court of Moultrie.
'rhe favorable report of the Committee was agreed to.
On the passage of the bill the ayes were J.21, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Field, of DeKalb-
A bill to repeal an Act to provide for the change of County lines lying within the limits of incorporated towns and cities.
The Committee proposed to amend the caption by striking the word "Legislature" and insert in lieu thereof the words "General Assembly of Georgia."

530

JOURNAL OF THE HousE.

Also,
By striking from Section l, the words '' Leg:islature'' and inserting in lieu thereof the words '' General Assembly of Georgia.''

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 4.
The bill having received the requisite Constitutional majority, was passed, as amended.
By Messrs. Roberts, of Dodge, McMichael, Sheppard and Hardman-
A bill to amend Sections 5520, 5521, 5522 of the Civil Code. so as to increase the salaries of the stenographers of the Supreme Court.
On agreeing to the report of the Committee, the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Barksdale

Alexander of Fulton Baker

Allen

Barrett

Anderson of Bulloch Beasley

Anderson of Chatham Booker

Atkinson

Boyd

Ault

Brown of Carroll

Brown of Fulton Burch Butt Carswell Converse Dickson Ellis



TuESDAY, JuLY 13, 1909.

531

Faircloth Garlington Gillis Griffin of Sumter Griffin of Twiggs Guyton Hardeman of Jeffs 'n Henderson of Irwin Henderson of Turner Hendricks Holtzclaw Lawrence Lewis Littleton

Milikin Mitchell MacFarland McCrory McCurry McElreath McMichael of Marion Parker of Talbot Peacock Persons Pierce Redding Reese Reid of Campbell

Rentz Roberts Sheppard Slade
~itrong
Tuggle Turnipseed Vinson wasden White of Screvea Williams \Vohlwender. Woodliff Wright of Floyd

Those voting m the negative were Messrs.:

Adams Alley Armistead Atherton Bagley Bailey Beacham Bell Berry Brinson of Decatur Brinson of Emanuel Brown of Henry Brown of Murray Buxton Calbeck Cannon Carter Chandler Childs Cooke Cordell Couch Cowan Culberson Cureton

Daniel Davis Drawdy -Edmondson Edwards Elder Ellison English Evans Field of DeKalb Ford Gastley Godley Graddick Hardman of Jackson Harrington Harvey Hatfield Heard Helms Hill Holder of Floyd Hubbard Hullender Huie

Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner J"ones of Laurens Jones of Mitchell Keith Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lord Marshall Meadows of Telfair Meadows of Toombs Miller of Ware Minter Moore Moss McArthur McCarthy McConnell McMahan



532

.JouRNAL OF THE HousE.

McMichael of Butts Mc"\Vhorter Oliver Parker of Decatur Paulk Pope Price Proctor Reaves Reid of Macon

Rogers Rosser Shirley Simmons Simpson f>mith of Gilmer Smith of Walton Stovall Tarver Tippins

Tracey Turner Upshaw Waddell Watkins Whiteley Wight of Grad~ Wood

Those not voti'ng were Messrs. :

Fender Fields of Crisp Fullbright Hall Howell Jones of Meriwether

Lovejoy Middlebrooks Miller of Calhoun Macintyre McCutchen Porter

Reid of Putnam Smith of Tattnall Stubbs "'alters Wright of Stewart Mr. Speaker

The verification of the roll call was dispensed with by unanimous consent, and on counting the vote it was found that the ayes were 63, nays 103.

1'he report of the Committee was therefore disagreed to and the bill lost.

By Mr. Calbeck, of Gordon-

A bill to authorize the Mayor and Comrcil of the town of Calhoun to construct and maintain a street crossing over the W. & A. R. R., and for other purposes.
The Committee proposes to amend by striking out the words ''12th day of November, 1918, '' and substitute "27th day of _December, 1919. ''

'l'UESDAY, JULY 13, 1909.

533



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

Ou the passage of the bill the ayes were _102, nays 0.

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

By Mr. Calbeck, of Gordon-

A bill.fo provide eompensation for the Commissionen; of Roads and Revenues of Gordon County.
The favorable report of the Conunittee was agreed to.
On the passage of the bill,. the ayes were 103, nays 0.
r:L'he bill having received the requisite Constitutional majority, was passed.

By .Mr. Tarver, of Whitfield-

A bill to repeal an Act to create the City Court of Dalton.
r:L'he favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 103, nays 0.

534

JouRNAL OF THE HousE.

The bill having received the requisite Constitutional majority, was passed.

By Mr. Tracey, of Webster-
A bill to amend an Act in reference to County Road Commissioners of Webster County. ,
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were ilo, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Reid, of Campbell-
A bill to amend the Charter of the town of Fairburn.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays 0.
~he bill having received th_e requisite Constitutional majority, was passed.

By Mr. Holb;claw, of Houston-
A bill providing for the payment of the traveling expenses of the Chief Drug Inspector.

TuESDAY, .JuLY 13, 1909.

535

On motion the aboye bill, which was ordered engrossed, was referred to the Committee on Appropriations.
The following bills were read the second time, towit:

By Mr. Huie, of Clayton-
A bill to amend the Convict' Act of 1908 so as to place the near beer tax in the common school fund.

By Messrs. Tippins and Maclntyte-
A bill to amend an Act to provide for creation of Local Tax District Schools.

By Mr. Anderson, of Chatham-
A Joint Commissioner to appoint a Special Tax Commission.

By Mr. Reid, of Campbell-
A bill to authorize town of Palmetto to establish a public school system.

By Messrs. Jones and Keith, of Meriwether-
A bill to repeal Act to incorporate the Woodbury School District.

536

JOURNAL OF THE HoUSE.

By Mr. McMahan, of Clarke---7-

A bill to amend Act to regulate the fees of Tax
Receivers and Tax Collectors in the several Counties
of this State.
.
On motion of Mr. Hardman, of Jackson, the fol-
lowing Senate resolution was taken from the table,
I
read the second time, and adopted as amended, to-
wit:

By Mr. Longley, of 37th District--'

A resolution relative to the consular service of the United States.
The following amendment was adopted:

By .Mr. Johnson, of Bartow-

'To amend by adding after Paragraph 2 the words ''and that we, as a matter of right, are entitled to just and equal representation in the appointment of these officers.''
The follo'wing Senate Bills were read the first time and appropriately referred, to-wit:

TuESDAY, JuLY 13, 190\).

537

By Mr. Calhoun, of 15th District-

A bill to provide for holding three terms a year of the Superior Court of Montgomery County.

Referred to Committee on Special Judiciary.

By Mr. Slaton, of 35th District-
A bill to create a holiday to be known as ''Georgia Day.''
Referred to Committee on Education.

By Mr. MeWilliams, of 34th District-
A bill to allow County Boards of Education to borrow money to pay public school teachers.
Referred to Committee on Education.

By Mr. Burwell, of 20th District-
A bill to amend an Act to create the City Court of Sparta.

Referred to Committee on Spe~ial Judiciary.

538

JOURNAL OF THE HousE.

By Mr. Irwin, of 11th District-
~ bill to repeal an Act establishing the City Court of Dawson.
Referred to Committee on Special Judiciary.
Leave of absence was granted Mr. Miller, of Calhoun.
The Speaker then announced the House adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, JuLY 14, 1909.

539

ATLANTA,. GEORGIA,

WEDNESDAY, .July 14, 1909.

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 mem:bers answered to their names :

Adams Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Bulloch Ande_rson of Chatham Armistead Atherton Atkinson Ault Barksdale Bagley Bailey Baker Barrett Beacham Beasley Bell Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Carroll Brown of Fulton

Brown of Henry Brown of Murray Burch Butt Buxton Cal beck Cannon Carswell Carter Chandier Childs Con :verse Cookt> Cordell Couch Cowan Culberson Cureton Daniel Davis Dickson Drawdy Edmond.son Edwards Elder Ellis

Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Goodley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n Hardman of .Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin

540

JouRNAL OF THE HousE.

Henderson of Turner Mitchell

Hosser

Hendricks

Moore

Sheppard

Hill

Moss

Shirley

' Holder of Floyd

MacFarland

Simmons

Holtzclaw

Macintyre

Simpson

Howell

McArthur

S1ade

Hubbard

McCarthy

Smith of Gilmer

Hullender

McConnell

Sm!th of Tattnall

Huie

McCrory

Smtth of Walton

Johnson of Bartow McCurry

Stovall

Johnson of Jeff Davis McCutchen

Strong

Johnson of Towns McElreath

StuQbs

Joiner

McMahan

Tarver

.Tones of Laurens

McMichael of Butts Tippins

.Jones of Meriwether McMichael of Marion Tracey

.Jones of Mitchell

McWhorter

Tuggle

Keith

Oliver

Turner

Kelley

Parker of Decatur Turnipseed

Kendrick

Parker of Talbot

Upshaw

Kennedy

Paulk

Vinson

Kicklighter

Peacock

Waddell

Kidd

Persons

Walters

Kirby

Pierce

Wasden

La'j'Vrence

Pope

Watkins

Lewis

Porter

White of Screven

Littleton

Price

Whiteley

Lord

Proctor

Wight of Grady

Lovejoy

Reaves

Williams

:1\larshall

Redding

Wood

Meadows of Telfair Reese

Wohlwender

Meadows of Toombs Reid of Campbell

Woodliff

Middlebrooks

Reid of Macon

Wright of Floyd

Miller of Calhoun Reid of Putnam

Wright of Stewart

Miller of Ware

Rentz

Mr. Speaker

Milikin

Roberts

Minter

Rogers

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

Mr. Barrett, of ~tephens, gave notice that at the

WEDNESDAY, JuLY 14, 1909.

541

proper time he would move to reconsider the action of the House in disagreeing to the report of the Comn~ittee on House Bill No. 104.

Mr. Helms asked that House Bill No. 377 be taken from the Special Judiciary Committee and referred to the Committee on Education, which request vas granted.

Leave of absence from the morning session was granted the Committee to investigate the suspension of Hon. S. G. McLendon from the Railroad Commtsswn.

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, towit:
A bill to provide for the election of County s~hool Commissioners of the various Counties, by a vote of the people..
The Senate has adopted the following Senate reso- lutions in which the concurrence of the House is respectfully asked, to-wit:

542

JouRNAL OF THE HousE.

A resolution to memorialize Congress to increase the pay of Rural Free Delivery Carriers.
Also,
A resolution in reference to the disposition of the cotton tax.
By unanimous consent, the following bills were read the first time, to-wit:

By Mr. Jones, of MeriwetherA bill to amend the Charter of Greenville.. Referred to Committee on Corporations.

By Mr. LewiR, of HancockA bill to amend Section 3149 of the Code of 1895. Referred to Committee on Special Judiciary.

By Mr.. McCurry, of HartA resolution to pay the pension due Burton Rucker. Referred to Committee on Pension!i.

fy Mr. Faircloth, of JohnsonA l ill to repeal an Act creating the Board of Com-

WEDNESDAY, JuLY 14, 1909.

543

missioners of Roads and Revenues for .Tohnson County.
Referred to Committee on Counties and County Matters.

By Mr. Henderson, of Turner-

A bill to amend an Act to cr~ate a Board of CommissiOners of Roads and Revenues for Turner County.
Referred to Committee on Counties and County Matters.

By Mr. Berry, of Union-

A bill to amend an Act to incorporate the town of Blairsville.
Referred to Committee on Counties and County Matters.

By Mr. Rosser, of Walker-

A bill to amend Section 1778, Volume 1, of the Code of 1895.
Heferred to Committee on General Judiciary.

044

.TouRNAI.. OF THE HousE.

By Mr. Tarver, of Whitfield-
A bill to amend an Act to consolidate the various Acts to incorporate the City of Dalton.
Referred to Committee on Counties and County Matters.
By Messrs. Simpson and McConnell-

A bill to amend an Act to provide in what manner pensions shall be paid Confed'erate soldiers.
Referred to Committee on Pensions.
By Mr. Ford, of worth-
A bill to amend an Act to create the City Court of Sylvester.
Referred to Committee on Special Judiciary.
By Messrs. Heard and Beacham-

A bill to am(md an Act to incorporate the town of Unadilla.
Referred to Committee on Corporations.

WEDNESDAY, JuLY 14, 1909.

545

By Mr. Anderson, of Bulloch-
A bill to amend Section 2502,, Volume 3, of the Code of 1895.
Referred to Committee on Special Judiciary.

By Messrs. Kennedy and Smith, of TattnallA bill to incorpor_ate the City of Glennville. Referred to Committee on Corporations.

By Mr. Helms, of Paulding-
A bill to provide additional compensation for jurors in Justice Courts.
Referred to Committee on General Judiciary.

By Mr. Smith, of Walton-
A bill to levy a special tax on the owners of pistols.
Referred to Committee on General Judiciary.
Mr. Barrett, of Stephens, in accord with his previous notice, moved to reconsider the action of the House in disagreeing to the favorable report of the Committee on House Bill No. 104, which motion was lost.

rl{-SI

546

JouRNAL OF THE HousE.

Upon the request of the author, House Bill No. 182 was taken from the Special Judiciary Committee and re-referred to the Committee on Hygiene and Sanitation.
Mr. Brown, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration House Bills Nos. 293, 160, 158 and 22, and they instruct me as their Chairman to report same back with a recommendation that 160, 158 and 22 do pass, and 293 be withdrawn froni this Committee and. referred to Special Judiciary Committee.
GEo. BROWN, Chairman.
This 14th day of July, 1909.

Mr. Porter, Vice-President of the Committee, submitted the following report:
Mr. Speaker:
Your Committ(,:e on Special Judiciary have had under consideration the following bills of the House and instruct me as their Vice-Chairman to report same back to the House with the recommendation .that same do pass, to-wit:

WEDN~SDAY, JuLY 14, 1909.

547

Ho~se Bill No. 176. A bill to be entitled an Act to abolish the County Court of Irwin County.

House Bill No. 177. A bill to be entitled an Act to establish the City Court of Ocilla.

House Bill No. 200. A bill to be entitled an Act to ainend an Act establishing the City Court in and for the County of Miller.
House Bill No. 277. A bill to be entitled an Act to amend an Act establishing the City Court in the County of Hall.
House Bill No. 392. A bill to be entitled an Act to amend an Act creating a Board of Commissioners in and for the County of Hall.

House Bill No. 310. A bill to be entitled an Act to change the time for holding the Spring and Fall terms of Douglas Superior Court.
Also the following bills and resolution with recommendation that they do pass.
House Resolution No. 53. Relating to the investigation of matters with regard to the culture of fish and oysters within the waters of this State.

Also the following with recommendation that they do pass as amended.

518

JOURNAL oF THE HousE.

House Bill No. 206. A bill to be entitled an Act to abolish the City Court of Mount Vernon.

House Bill No. 240. A bill to be entitled an Act to amend an Act incorporating the town of Ty Ty.

House Bill No. 52. A bill to be entitled an, Act to prohibit the carrying of any pistol or revolver without first having obtained a license.

Also the following bill with recommendation that it be sent to the Committee on Hygiene and Sanitation.

House Bill No. 182. A bill to be entitled an Act to regulate the practice of optometry.
Also that the following bill with recommendation that it do pass by substitute.

House Bill No. 21. A bill entitled an Act to prohibit the. issuing and giving away with the sale of goods, certain trading stamps.
PoRTER, Vice-Chairman.

Mr. Wright, of Floyd, Chairman of the Committee en Insurance, submitted the following report:

'WEDNESDAY, JULY 14, 1909.

549

Mr. Speaker:
Your Committee on Insurance have had under consideration the following bills of the House, and instruct me to report same back with the recommendation that-
House Bill No. 28 do pass by substitute, and that-
House Bill No. 61 do not pass.
WRIGHT, of Floyd, Chairman.

Mr. Johnson, of Bartow, Chairman of the Committee on General Agriculture, submitted the following report:

Jfr. Speaker:
Your Committee on General Agriculture has had under consideration the following House Bill and have instructed me as their Chairman to report the same back to the House with the recommendation that the same do pass as amended.
House Bill No. 197. A bill to be entitled an Act to require all cotton seed meal to be branded according to its grade or quality.
Respectfully submitted,
M. L. JOHNSON, Chairman.

550

JOURNAL OF THE HousE.

Mr. Butt, of Fannin, Chairman of the Committee on Corporations, submitted the following report.

Mr. Speaker:
The Committee on Corporations have had under consideration the following bills of the House and request me as their Chairman to report the same back with the following recommendations:
House Bill No. 72 do pass. House Bill No. 88 do pass. House Bill No. 116 do pass. House Bill No. 185 do pass. House Bill No. 235 do pass. House Bill No. 236 do pass. House Bill No. 249 do pass. House Bill No. 251 do pass. House Bill No. 311 do pass. House Bill No. 363 do pass. House Bill No. 369 do pass.
BuTT, of Ji'annin, Chairman.
Mr. ~bite, of Screven, Chairman of the Committee on Pensions, submitted the following report:

WEDNESDAY, JuLY 14, 1909.

551

Mr. Speaker:
The Committee on Pensions having bad under consideration House Bill No. 358, beg leave to make the following report:
That the same do pass as amended.
Respectfully submitted, H. S. WHITE, Chairman.
This 14th day of July, 1909.

'rhe following bills were read the second time, towit:

By Mr. Brown, of FultonA bill to regulate the practice of barbers.

By Mr. Brown, of Fulton-
A bill to prevent the spread of tuberculosis. By Messrs. McMahan, Slade and Wohlwender-
A bill to prevent street railways to grant free transportation to policemen.

By Mr. McMahan-
A bill to put into effect the law to amend Paragraph 1, Section 1, Article 7 of the Constitution.

JouRNAL O~' THg Hous"R.
By MessrH. Vinson and GarlingtonA bill to prohibit the g1vmg away of trading
stamps, etr. B~, Messrs. White of Screven and Fullbright-
A bill to prohibit the rarrying of pistols.
By Messrs. Adams and Carter-
A bill to amend an Act to create the City Court of Hall county.
By Messrs. Adams and CarterA bill to amend an Act to create a Board of Com-
missioners of Roads and Revenues for Hall county.
By :Mr. UpshawA bill to change the time of holding the Spring
term of the Superior Court of Douglas county. By Mr: .Tolmson, of Rartowthe license of immranPe PompanieR for certain can:~e,:;.

WEDNESDAY, ,JULY 14, 1909.

553

By Mr. Madntyre-

A bill to amend an Act to incorporate the town of

Patien.

-

By Messrs. Hardman and Holder-
A bill to provide for the registration of deaths.

By Messrs. Burch and Jones, of Laurens-
A bill to amend an Act to incorporate the town of Cadwell.

By Mr. Hendricks-
A bill to amend an Act to incorporate the town of Ty Ty.

By Mr. Bailey, of MillerA bill to amend an Act to create the City Court of
Miller county.
By Mr. Butt, of FanninA bill to incorporate the town of Fry.

Ey Mr. McArthurA bill to abolish the City Court of Mt. Vernon.

554

JouRNAL OF THE HousE.

By Mr. MacintyreA bill to amend an Act to re-incorporate the town
of Thomasville.
By Mr. Henderson, of IrwinA bill to abolish the County Court of Irwin County.

By Mr. Reese, of Glynn-
A resolution providing for a joint Committee to investigate matters relating to the culture of fish and oysters.

By Messrs. Edwards and Smith, of WaltonA bill to amend the Charter of Loganville.

By Mr. Reid, of CampbellA bill to amend the Charter of Fairburn.

By Mr. Henderson, of IrwinA bill to establish the City Court of Ocilla.

By Mr. Ellison, of Harris-
A bill to amend the Charter of the Town of Chipley.

WEDNESDAY, JuLY 14, 1909.

555

By Mr. McMichael-
A bill to require cotton seed meal to be branded according to grade, etc.

By Mr. Kirby, of Coweta-
A bill to amend an Act to create a new Charter for Newnan.

By Mr. Edwards, of Walton-
A bill to amend an Act to create a new Charter for the City of Monroe.

By Messrs. Edwards and Smith-
A bill to amend the Charter of Williamsville.
Upon request of Mr. Lewis, of Hancock House Bill No. 174 was taken from the table and placed on the calendar.
The following resolution was read and ordered to lay on the table one day, to-wit:

By Mr. McWhorter-
A resolution to limit the number o members o sub-committee to visit State Institutions.

556

.JOL'RNAL OF THE HousE.

The following bills were read the third time an(l put upon their passage, to-wit:

By Messrs. Tippins, of Appling and Macintyre-

A bill to amend an Act to provide for the creation of Loeal Tax Distri(t Rehools.
'rhe Committee proposed to amend by striking out the word:-~ "one year" in line -! ~ection 1 and substituting tlte words "three )ears" whieh 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 107, nays 4.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Reid, of Campbell-

A bill to authorize the town of Palmetto to establish and maintain a system of Public Schools.
'rhe Committee proposed the following amendments which were adopted:
To amend by striking all of the proviso in Section

WEDNESDAY, .JuLY 14, 1909.

557

5, beginning with the word "Provided" in line 6 and
ending with the word "it" in line 19. Als.o,
To amend Section 7 by striking out all that part beginning with word "first" in line 3 of said Section and ending with the word ''education'' in line 14 and inserting in lieu thereof the following: "That portion of the State School fund coming each year to said town shall be apportioned to and paid over to the Secretary and Treasurer of the Board of Education of said town of Palmetto by the County Boards of Education of Campbell and Coweta Counties,'' also.

'ro amend further, by striking out all of Sections 9 and 10 and numbering remaining Sections accordingly.
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 149, nays 0.
The hill having received the requisite Constitutional majority was passed ~s amended.

By Mr. Lewis, of Hancock-
A bill to assess the punishment of all persons convicted of crime by jury in the Courts of this State.

558

JouRNAL OF THE HousE.

The favorable report of the Committee was dis. agreed to by a vote of ayes 21, nays 104, and the bill lost.
Owing to the absence of the author, House Resolution No. 18 was tabled, upon request of Mr. Reid, of Campbell.

By Messrs. Jones and Keith, of Meriwether-

A bill to repeal an Act to incorporate the vVoodbury School District.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. McMahan, of Clarke-

A bill to amend an Act to regulate the fees of tax receivers and collectors.
The report of the Committee which was favorable to the passage of the bill was disagreed to and tht> bill was lost.

WEDNESDAY, JULY 14, 1909.

559

By Mr. Huie, of Clayton-
A bill to ameJ:?-d the Convict Act so as to place the tax derived from near beer in the Common School fund.
On motion of Mr. MacFarland, of Mcintosh, the bill was tabled.
The following Senate bills were read the first time, to-wit:

By Mr. Callaway, of 29th district-
A bill in reference to, the disposition of the cotton tax.
Referred to Committee on Ways and Means.

By Mr. McCurry, of 31st district-
A resolution memorializing Congress to increasE the salaries of Rural Free Delivery Carriers.
Lay on the table one day.

By Mr. McCurry, of 31st district-
A bill to provide for the election of County School Commissioners by the people.
Referred to Committee on Education.

560

JouRNAL OF THE HousE.

By unanimous consent the following bills werE~ read the first time, to-wit:

By Mr. Adams, of Hall-

A bill to prohibit inter-collegiate foot ball and base ball.
Referred to Committee on Education.

By Mr. Roberts, of Dodge-
A bill to change the time of holding the Superior Court of Dodge county.
Referred to Committee on Special Judiciary.

By Mr. Alexander, of DeKalb-
A resolution appropriating money to pay commission of the tax receiver of DeKalb county.
Referred to Committee on Appropriations.

By Mr. Field, of DeKalb-
A bill to amend Acts to incorporate the town of Lithonia.
Referred to Committee on Corporations.

WEDNESDAY, JULY 14, 1909.

561

By Mr. Field, of DeKalbA bill to authorize town of Lithonia to create and
maintain system of Public Schools. Referred to Committee on Education.
By Mr. Paulk, of BerrienA bill to incorporate the City of Rays Mill. Referred to Committee on Corporations.
By Mr. Strong, of EarlyA bill to wind up the affairs of the dispensary in
the town of Blakely. Referred to Committee on Corporations.
By Mr. McMichael, of MarionA bill to amend an Act to r~gulate the sale and
inspection of commercial fertilizers. Referred to Committee on General Agriculture.
By Mr. Childs, of TaylorA bill to provide for the payment of Court costs
in criminal cases in certain cases. Referred to Committee on Penitentiary.

562

JouRNAL OF THE HousE.

The following resolution was adopted.

By Mr. Reese, of Glynn-
A resolution providing for a joint Committee b investigate matters relating to culture of fish and oysters.
Leave of absence was granted Mr. Godley, of Camden.
On motion of Mr. Barrett, of Stephens, the Speaker announced the House adjourned until 10 o'clock tomorrow morning.

THURSDAY, JuLY 15, 1909.

563

ATLANTA, GA.,
THURSDAY, JULY 15th, 1909.
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.
By unanimous consent the call of the roll and the reading of the Journal of yesterday's proceedings was dispensed with.
The following message was received rrom the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to prohibit the issuing of certain stamps, commonly called trading stamps.
A bill to make penal the wilful and false utterance of any statements derogatory to the reputation of any virtqous unmarried female.
A bill to provide for supersedeas of judgments of conviction in county and other courts.

564

.JouRNAL OF THE HousE.

A bill to authorize Glynn county to issue bonds.
A bill to give judges of Criminal Courts power and authority to suspend sentences in certain cases.

A bill to amend Sertion 2573 of the Code. '
A bill to amend Section 342 of th,e Penal Code.
The Senate has concurred in the House amendment to the following Senate Re!-wlution, to-wit:

A resolution relative to the Consular Service of the United States.

Mr. Lewis, of Hancock, moved that the House reconsider its action in disagreeing to the favorable report of the Committee on House Bill No. 174, which motion was lost by a vote of ayes 26, nays 99.

Upon the request of the author House Bill No. 61 was taken from the Committee on Insurance and rereferred to the Committee on Special Judiciary.

Upon reque8't of the author House Bill No. 458 was taken from the General Judiciary and re-referred to the Special Judiciary Committee.
By unanimous consent the following bills were read the first time, to-wit:

THURSDAY, ,JULY 15, 1909.

565

By Mr. Walters, of ColquittA bill to amend the School laws of Moultrie. Referred to Committee on Corporations.

By l\fr. Edmondson, of ChattoogaA resolution to pay a pension to Mrs. Eliza Lee. Referred to Committee on Pensions.

By .Mr. Calbeck, of Gordon-
A bill to amend the Charter of the town of Calhoun.
Referred to Committee on Corporations.

By Mr. Brown, of Fulton, (by request)-
A bill to provide for the protection of persons and property from rabid, stray and dangerous dogs, etc.
Referred to Committee on General Judiciary.

By Mr. Roberts, of Dodge-
A bill to amend an Act to incorporate the City of Eastman.
Referred to Committee on Corporations.

566

JouRNAL OF THE HousE.

By Mr. Armistead, .of OglethorpeA resolution to pay pension to Mrs. M. J. Martin. Referred to Committee on Pensions.

By Mr. Holtzclaw, o Houston-
A bill to allow an appeal or .certiorari from all inferior .Judiciaries in this State without the payment of <lOsts.
Referred to Committee on Special .Judiciary.

By Messrs. Hardman and Holder, of JacksonA bill to incorporate the town of Arcade. Referred to Committee on Corporations.

By Mr. Barrett, of Stephens-
A bill to extend the corporate limits of the town of Martin.
Referred to Committee on Corporations.

By Mr. Armistead, of Oglethorpe-
A resolution to pay pension to Mrs. M. J. McCarthy.
Referred to Committee on Pensions.

THURSDAY, JULY 15, 1909.

567

Upon the request of Mr. Slade, of Muscogee, House Bill No. 66 was taken from the Committee on Labor and Labor Statistics and referred to Special Judiciary Committee.
The following resolution was read and referred to
the Oom:mittee o:n Rules, to-wit:

By Mr. Carswell-
A resolution limiting individual speeches to three minutes on any question.
Mr. Brown, of Carroll, Vice~Chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary have had under consideration the following bills of the House and instruct 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 4518, Code of 1895.
A bill to amend Section 4467, Code of 1895.
A bill to ameBd Sections 3304, 3305, 3306, and ~524, Cod~ o,f }-8_9_~.

568

JouRNAL oF THE HousE.

A bill to amend Act to add an additional Judge of the Superior Court for the Atlanta Circuit.
A bill to repeal Act of J\ugust 17th, 1908, relating to foreign wills.
Also the following bills of the House with the .recommendation that same do pass as amended, towit:
A bill to regulate practice in cases of garnishment.
A bill to amend Section 4580, Code 1895.
A bill to amend Section 4550, Code 1895.
Also, the following bill of the House with the recommendation that same do not pass, to-wit:
A bill to amend Section 4514, Code of 1895.
Respectfully submitted,
W. F. BRowN, Vice-Chairman.

Mr. Ault, Chairman of the Committee on Roads ~tnd Bridges, submitted the following report:
Mr. Speaker:
The Committee on Roads and Bridges, having had under- consideration House Bill No. 172, direct that

THURSDAY, ,JULY 15, 1909.

569

same be reported with the recommendation that the bill do pass.
This .July 14th, 1909.
E. S. AuLT, Chairman.

Mr. Macintyre, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters having had under consideration House Bills 449, 166, 378, 412, 413, 250, 283, 422, 438, 455, 330, 270, 385, 394, 436, 452, 450 and 456, recommends that ali do pass and that 355 do pass as amended.
MAciNTYRE, Chairman.

Mr. Johnson, of :Bartow, Chairman of the Commi,ttee on General Agriculture, submitted the following report:'
Mr. Speaker.::
Your Committee on General Agriculture, have bad under consideration the following House bills anJ have instructed me as their Chairman to report th::-

570

JOURNAL OF THE HousE.

same back to the House with the recommendation that the same do pass as amended.
House Bill No. 27. A bill to amend Article 7, Section 2, Paragraph 2, of the Constitution, was to empower the General Assembly to exempt from taxation certain farm products, and for other purposes.
Also the following bill of the House, with recommendation that same do pass:
House Bill No. 195. A bill to require secret societies to give bond and procure license and for other purposes.
House Bill No. 232. A bill to make unlawful the making or mending or causing the sam'e done, and having in possession the same or other equipment or tools or other implements commonly used in cracking safes, vaults, etc., with intent to employ them or allow same employed or with knowledge that same is to be employed in the commission of burglary, larceny or other crime; to provide punishment, and for other purposes.
M. L. JOHNSON.

Mr. McMichael, of Marion, Chairman of the Committee on Education, submitted the following report:'
Mr. Speaker: Your Committee on Education has had under con-

THURSDAY, JULY 15, 1909.

571

sideration the following bills and instructs me as its Chairman to report as follows:
Senate Bill No. 39 do pass. Senate Bill No. 54 do pass. House Bill No. 289 do pass as amended. House Bill No. 388 do pass. House Bill No. 290 do pass by substitute. House Bill No. 285 do not pass. House Bill No. 332 do not pass.
Respectfully submitted, E. H. McMICHAEL, Chairman.
July 15th, 1909.

Mr. Butt, "Chairman of the Committee on Corporations, submi~tted the following report:
Mr. Speaker:
The Committee on Corporations has had under eonsideration the following House bills, and request me as their Chairman to report the same back with the following recommendations:

572

JOURNAL OF THE HousE.

House Bill No. 345 do pass. House Bill No. 432 do pass.. House Bill No. 440 do pass. House Bill NQ. 463 do pass. House Bill No. 425 do pass. House Bill No. 327 do pass. House Bill No. 85 do pass. House Bill No. 84 do pass. House Bill No. 346 do pass as amended.
BuTT, Chairman.

Mr. Hardman, of J ackspn, Chairman of the Committee on Temperance, submitted the following report:
Jfr. SpeakeT:
Your Committee on Temperance have had under consideration the following bills of the House and instruct me, as their Chairman, to report same back to the House with the recommendation that same do pass by substitution, to-wit:

THURSDAY, JULY 15, 1909.

573

A bill to amend Act prohibiting drunkenness, etc., in public places.
A bill to amend Section 1642, Code 1895.
Respectfully submitted, L. G. HARDMAN, Chairman.

Mr. Porter, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. S pea.ket:
Your Committee on Special .Judiciary have had under consideration the following bills of the House and instruct me, as their Vice-Chairman, to report same back to the House with the recommendation that Rame do pass, to-wit:
House Bill 191. A bill entitled an Act to provide for recording certified copies of deeds.
House Bill No. 192. To amend Section 3471, Vol. 2 of the Code of Georgia.
House Bill No. 234. To make it unlawful to use traction engines in Thomas and Grady counties.
House Bill No. 237. To amend an Act establishing the City Court of Thomasville.

574

JouRNAL OF THE HousE.

House Bill 359. To amend an Act establishing a new charter for the City of Atlanta.
Your Cominittee further recommends that the following bill do pass as amended:
House Bill No. 241. To amend an Act creating the City Court of Tifton.
The following bills were read the third time and put upon their passage, to-wit:

By Messrs. Vinson and Garlington-
A bill to prohibit the issuing or giving away of trading stamps.
'rhe substitute proposed by the Committee was adopted.
'fhe 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 113, nays 0.
The bill having received the requisite Constitutional majority was passed by substitute.
On motion of Mr. Hardman House Bill No. 22, requiring the registration of deaths, was tabled.

THURSDAY, .JuLY 15, 1909.

575

By Mr. Johnson, of Bartow-
A bill 'to direct the Insurance Commissioner to cancel the license of Insurance Companies who remove from any Court of this State any suit, action or cause brought against said company.
The Committee substitute was agreed to.
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 104, nays 11.
r_rhe bill having received the requisite Constitutional majority was passed by substitute.

By Messrs. Adams and Carter, of Hall-

A bill to amend an Act to create the City Court of Hall county.
The following amendments offered by Messrs. Adams and Carter were adopted:
To amend by striking out Section 4 and number. ing remaining Sections accordingly.
To amend caption by striking last two lines therefrom.

.rouRNAL oF THE HousE.
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 110, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.
By Mr. Butt, of Fannin-
A bill to incorporate the town of Fry. The favorable report of the Committee was agreed to. On the passage of the bill the ayes were 150, nays 0. The bill having received the requisite Constitu~ tional majority was passed.
By Mr. Kirby, of Coweta-
A bill to amend an Act to create a new Charter for the City of Newnan.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 14J. nays 0.

THURSDAY, JuLY .15, 1909.

577

I

The bill having received the requisite Constitutional majority was passed.

House Bill No. 52 was tabled on motion of Mr. White, of Screven.

By Messrs. McMahan, of Clarke, and Slade, of Muscogee-
A 1-Jill to permit Street Railways to grant fr~e transportation to policemen and firemen in the cities of this State.
Mr. Alexander, of Fulton, offered to amend by adding after the ''caption'' after the word ''Police,'' ''Sanitary, Water.''
To amend by adding the words "Sanitary and water" after the word "fire" in line 5, Section 1.
To amend by adding the words "Sanitary and water" in line 7, Section 1, after the word "fire."
To amend by adding the words "Sanitary and water" after the word fire in ]ine 14, Section 1.
The amendments were adopted.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 114, nays 4.

19-nj

578

JOURNAL OF THE HousE.

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

By Mr. Brown, of FultonA bill to prevent the spread of tuberculosis. The following amendments were adopted.

By Mr. Tuggle, of Troup.L.
rro amend by striking "District Attorney" where the words occur and insert ''Prosecuting Attorney.''

By Mr. McElreath-
To amend the caption by adding ''Provided, That any store, factory, shop, office, hotel, theatre or other kind of building, railroad coaches, etc., shall provide cuspidors to provide against the expectoration of any persons, except in such cuspidors, to provide for penalties, and for other purposes.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 88, nays 4:3.
The bill having failed to receive the requisite Constitutional majority was lost.

THURSDAY, JuLY 16; 1909.

579

By Messrs. Burch and Jones, of Laurens-
A bill to amend an Act to incorporate the town of Cadwell.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Henderson, of Irwin-

A bill to abolish the County Court of Irwin county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was _passed.

By Mr. H.enderson, of Irwin-
A bill to create the City Court of Ocilla. The favorable report of the Committee was agreed to.

580

JouRNAL OF THE HousE.

On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Ellison, of Harris-
A bill to amend the charter of the town of Chipley.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitu-:tional majority was passed.

By Mr. Upshaw, of Douglas-
A bill to change the time of holding the Superior Court of Douglas county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 108, nays 0.
The bill having received the requisite Constitutional majority was passed.

THURSDAY, JULY 15, 1909.

581

By Mr. Bailey, of Miller-
A bill to amend an Act to create the City Court of Miller county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Edwards, of Habersham, and Smith, of Walton-
A bill to amend the Charter of the town of Logansvi1le.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 105, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Reid, of Campbell-
A bill to amend the Charter of the town of Fairburn.

582

JouRNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The "bill having received the requisite Constitutional majority was passed.

By Messrs. Adams and Carter, of Hall-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Hall county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Macintyre, of Thomas-
A bill to amend an Act to reincorporate the town of Thomasville.
The favorable report of the Committee was agreed to.
On the pm;sage of the bill the ayes were 110, nays 0.

THURSDAY, .TULY 15, 1909~

583

The bill having received the requisite Constitutional majority was passed.

By Mr. Macintyre-

A bill to amend an Act to incorporate the town of Patten.
The favorable report of the Committee 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 Messrs. Edwards and Smith, of Walton-

A bill to amend the Charter of the town of Wil- liamsville.
The favorable report of the Committee was agreed to.
on the passage of the bill the ayes were 110, nays 0.
'fhe bill having received the requisite Constitutional majority was passed.

584

JOURNAL OF THE HousE.

By Mr. Edwards, of Walton-
A bill to amend an Act to create the Charter of Monroe.
The favorable report of the Committee 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.
On motion of the author House Bill No. 358 was tabled.

By Messrs. Holder, Porter and Wright, of Floyd-
A bill to amend and consolidate the Acts to incorporate the City of Rome.
The Committee amended as follows which were adopted.
To amend Section 89 by striking the word ''three'' in line 2 and insert the word ''five.''
To amend Section 79 by striking the word ''three'' in lines 1 and 11 and insert ''five.''
To amend Section 6 by striking words ''One ThouH:md'' and inserting ''Six Thousand.''

THURSDAY, JULY 15, 1909.

585

To amend by striking all of Paragraph 35 of Section 27, and numbering remaining paragraphs accordingly.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. McMichael, of Marion-

A bill to require all cotton seed meal to be branded ,according to grade, etc.

The Committee proposed the following amendment which was adopted.

To amend by adding the following proviso at the

end of the first page: ''Provided, That 'Low Grade'

shall not contain less than six (6) per cent. of am-

monia and provided, further, that all meal made

from Sea Island cotton shall be branded 'Sea

Island cotton seed meal' and the guaranteed analysis

shall not be less than four and one-half (4%) per

cent. of ammonia and the same shall be printed upon

the package.''

,.
, j - .....:....1.. 0 .,n_; _ _ _ l_...;,__4

586

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 were 104, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. McArthur, of Montgo;mery-
A bill to abolish the City Court of Mt. Vernon.
The Committee proposed to amend by striking the words ''shall not go into force and be of effect until after the 31st day of August, 1909,'' from the 4th Section and substituting in lieu thereof the words "go into force from and after the passage of this Act.''
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 120,
.navs, 0.
The bill having received the requisite Constitutional majority was passed as amended.

By M1'. Hendricks, of Tift-

... . t.:

',,. ~>

A bill to amend an Act to incorporate the town of

Ty Ty.

THURSDAY, JuLY 15, 1909.

587

Mr. Hendricks offered the following amendments which were adopted:
''To amend the caption by inserting after the figure "2" in line 1 the following: "and Section 9" so that the caption when amended shall read as follows: ''An Act to amend Section 2 and Section 9, of the Act approved Angust 21st, 1906, entitled: An Act to incorporate the town of Ty Ty in the county of Tift, to define the corporate limits thereof, etc.''
Also,
To amend Section 1 by adding at the end of said Section the following words: ''Provided, That the provisions of this Section shall not become effective until the first day of January, 1910."
Also,
To amend by adding another Section to be num~ bered Section 2 as follows: Section 2. Be it fur~ ther enacted, That Section 9 of said named Act,. be and the same is hereby amended by striking out the following words appearing in the 8th, 9th, lOth and 11th lines of said Section as follows: ''But that no person shall be eligible to the office of regular marshall unless he shall have resided in said town ninety days immediately preceding his election.''
Also,
To amend by striking the figure 2 from the repealing clause and inserting the figure 3.

588

JouRNAL OF THE HousE.

Upon the request of the author House Bills Nos. 39-170 were recommitted to the General Judiciary Committee.

Mr. Hardeman gave notice that at the proper time he would move to reconsider the action of the Ho~se in not passing House Bill No. 158.

The Speaker announced the following Committee to investigate the culture of fish and oysters in the waters of this State:
Messrs. REESE, MEADows, of Toombs, LAWRENCE, PEARCE, McCRORY.

The following resolution was read and referred to the Committee on University of Georgia, to-wit:
By Mr. McMahan-
A resolution providing when the Committee on University of Georgia shall visit said institution, etc.
The following bills were read the second time- towit:

THURSDAY, JuLY 15, 1909.

589

By Mr. Meadows, of Telfair-
A bill to create the office of Commissioner of Roads and Revenues for Telfair county.

By Mr. Meadows, of Telfair-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Telfair county.

By Mr. Ellison, of Harris-
A bill to repeal an Act to establish the City Court of Hamilton.

By Messrs. Couch and Kirby-

A bill to am~nd the Charter of the town of Grant~ ville.

By Mr. Reid, of CampbellA bill to amend the Charter of Palmetto.

By Mr. McCarthy-
A bill to create a County Police force for Chatham county.

590

JouRNAL OF THE HousE.

By Mr. Barrett, of Stephens-

A bill to fix the compensation of the Ordinary of

Stephens county in certain cases.

'

By Mr. Reid, of Campbell-

A bill to.further amend the Charter of the town of Palmetto.

By Mr. Tarver-
A bill to repeal an Act to incorporate the City of Whitfield.

By Mr. Faircloth-

A bill to repeal an Act creating a Board of Roads an~l. Revenues for the County of J ohn~on.

By Mr. Henderson, of Turner-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Turner County.

By Mr. Jones, of MeriwetherA bill to amend the Charter of Greenville.

THURSDAY, JULY 15, 1909.

591

By Messrs. Kennedy and Smith, of TattnallA bill to incorporate the City of Glenville.

By Mr. PaulkA bill to incorporate the City of Rays Mill.

By Mr. BarrettA bill to incorporate the town of Avalon.

By Mr. Brown, of Henry-
\
A bill to create the office of Commissioner of Roads and Revenues for the County of Henry.

By Mr. Henderson-
A bill to amend Section 1642, Volume 1, of the Code.

By Mr. PersonsA bill to amend the Charter of Forsyth.

By Mr. Jo~es, of Mitchell-
A bill to regulate the butchering of cattle in Mitchell County.

592

JOURNAL OF THE HousE.

By Messrs. Alexander, Brown and McElreath-
A bill to amend an Act to create a new Charter for Atlanta.

By Mr. Bell, of Cherokee-

A bill to repeal an Act to create a B~ard of Com: missioners of Roads and Revenues for Cherokee County.

By Mr. Gastley, of Habersham-
A bill to amend an Act so as. to provide Public Schools for Demorest.

By Mr. Alexander, of DeKalb-
A bill to amend and consolidate all Acts to incorporate the town of Decatur.

By Mr. Ault, of Polk- '

A bill to amend an Act to pro.q.ibit drunkenness on .Public streets and highways..

By Mr. Rentz, of Houston-

A bill to incorporate the town of Grovania.

THURSDAY, JuLY 15, 1909.

593

By Messrs. Johnson, of Bartow, and Alexander, of DeKalb-
A bill to amend Article 7, Section 2, Paragraph 2 of the Constitution.

By Mr. Ellis, of BibbA bill to regulate practice in cases of garnishment.

By Mr. Ellis, of BibbA bill to amend Section 4518 of the Code of 1895.

By Mr. EllisA bill to amend an Act to amend Section 4550.

By Mr. EllisA bill to amend Section 4580 of the Code.

By Mr. EllisA bill to amend Section 4467 of the Civil Code.

By Mr. Hatfield--"-
A bill to create the office of Commissioner of Roads and Revenues for Coffee County.

594

JouRNAL OF THE HousE.

By Mr. Hatfield-
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Coffee County.

By Mr. Calbeck-
A bill to amend an Act to give Commissioners of Hoads and Revenues authority to lay out and discontinue roads.

By Mr. Reese, of Glynn-
A bill to regulate the use of log carts, &c., on public roads.

By Mr. Baker, of Lumpkin-
A bi II to provide for the recording of certified copies from thft records of deeds in certain instances, &c.

By Mr. Baker, of Lumpkin-
A bill to amend Section 3471, Volume 2, of Code.

By Mr. McMichael-
A bill to require certain secret societ:les to be bonded and licensed by the Commissioners of Roads and Revenues.

TnuRSDAY, JuLY 15, 1909.

595

By Mr. Kendrick-
A bill to prohibit the making or minding of burglar tools.

By Messrs. Wright, of Grady, and Macintyre, of Thomas-
A bill to prohibit the running of traction engines in Grady and Thomas Counties.

By Mr. Macintyre-
A bill to amend an Act to create the City Co11rt of Thomasville.

By Mr. Hendricks, of Tift-
A bill to amend an Act to create the City Court of Tifton.

By Messrs. Edwards and Smith, of Walton-
A bill to provide for the removal of obstructions from the streams of Walton County.

By Mr. Miller, of Ware-
A bill to authorize the County of Ware to Issue bonds.

596

JouRNAL OF THE HousE.

By Mr. Holder, of Floyd-

A bill to prohibit the building of houses for the storage of powder.

By Mr. Helms, of Paulding-

.b.. bill to create a system of Public Schools m the town of Hiram.

By Mr. Brown, of Henry-

A bill to levy a tax on dogs.
Leave of absence was granted Mr. Alley, Mr. Butt, Mr. Parker, of Decatur, Mr. Tracy.
The hour of adjournment having arrived, the Speaker announced the House adjourned until 10 o'clock tomorrow morning.

.FRIDAY, JuLY 16, 1909.

597

ATLANTA, GEORGIA,

FRIDAY, July 16, 1909.

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

Brown of Murray

Alexander of DeKalb Burch.

Alexander of Fulton Butt

Allen

Buxton

AEey

Calbeck

Anderson of Bulloch Cannon

Anderson of Chatham Carswell

Armistead

Carter

Atherton

Chanaler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

Bailey

Couch

)3aker

Cowan

Barrett

Culberson

Beacham

Cureton

Beasley

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Evans

Faircloth

Fender

Field of DeKalb

Fields of Crisp

Ford

Fullbright

Garlington

Gastley

Gillis

Goodley

Graddick

/

Griffin of Sumter

Griffin of Twiggs

Guyton

Hall

Hardeman of J e1fs 'n

Hardman of Jackson

Harrington

Harvey

Hatfield

Heard

Helms

Henderson of Irwin

Henderson of Turner

Hendricks

Hill

598

JOURNAL OF THE HotrsE.

Holder of Floyd

Moss

Holtzclaw

MacFarland

Howell

Macintyre

Hubbard

McArthur ,

Hullender

McCarthy

Huie

McConnell

.Johnson of Bartow McCrory

.Johnson of Jeff Davis McCurry

.Johnson of Towns McCutch!'n

Joiner

McElreath

J on!'s of Laurens McMahan

.Jones of Meriwether McMichael of Butts

.Jones of Mitchell McMichael of Marion

Keith

McWhorter

Kelley

Oliver

Kendrick

Parker of Decatur

Kennedy

Parker of Talbot

Kicklighter

Paulk

Kidd

Peacock

Kirby

Persons

Lawrence

Pierce

Lewis

Pope

Littleton

Porter

Lord

Price

Lovejoy

Proctor

Marshall

Reaves

Meadows of Telfair Redding

Meadows of Toombs Reese

Middlebrooks

Reid of Campbell

Miller of Calhoun Reid of Macon

Miller of Ware

Reid of Putnam

Milikin

Rentz

Minter

Roberts

Mitchell

Rogers

Moore

Rosser

Sheppard_ Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Turner 'J'mnipsPed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wood Wohlwender Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

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

Mr. Reese, of Glynn, gave notice that at the proper

FRIDAY, JuLY 16, 1909.

599

time he would move to reconsider the action of the House in defeating House Eill No. 28.
Mr. Hardeman, of Jefferson, tftoved that the House reconsider its action in defeating on yesterday House Bill No. 158, which motion prevailed.
Mr. Ellis, of Bibb, moved that the above bill be re-committeed to the Committee on Hygiene and Sanitation, which motion prevailed.
Mr. Reese, of Glynn, moved that the House reconsider its action in defeating House Bill No. 28, on yesterday, which motion was lost by a vote of aye~. 27, nays 97.
By unanimous consent, the following bills were introduced apd read the first time, to-wit:
By Messrs. Boyd, of Spalding, and Miller, of Vvare-
A bill to appropriate $15,000 to the Georgia Experiment Station.
Referred to Committee on Appropriations.

By Messrs. Brown, of Carroll, and Anderson, of Chatham-
A bill to provid~ for additional funds for the maintenance of Agricultural and Industrial Schools, &c.
Referred to Committee on Appropriations.

600

JouRNAL ~F THE HousE.

By Mr. Faircloth-
A bill to amend an Act to create the City Court of Wrightsville.
Referred to Committee on Special Judiciary.

By Mr. Upshaw-
A bill to require railroad companies to stop their passenger trains at County sites.
Referred to Committee on Railroads.

By Messrs. Hardeman and BoydA bill to amend an Act to establish Boards of Med-
ical Examiners. Referred to Committee on Hygiene and Sanita-
tion.
By Mr. McElreath-
A resolution to pay pension to Mrs. R. A. Chunn.
Referred to Committee on Pensions.

By Mr. Sheppard, of SumterA bill to tax manufacturers of automobiles. Referred to Committee on Ways and Means.

FRIDAY, JuLY 16, 1909.

601

By Mr. Jones, of Meriwether---'
A bill to amend an Act prescribing the manner of letting the pu~lic printing.
Referred to Committee on Special Judiciary.

By Mr. Evans, of Bibb-
A bill to provide for the inspection of steam boilers and other steam-creating devices.
Referred to Committee on Labor and Labor Statistics.

By Mr. Redding, of PikeA bill to incorporate the town of Piedmont. Referred to Committee on Special Judiciary.

By Mr. Redding-
A resolution to pay Mrs. Mollie Beckham a pension.
Referred to Committee on Pensions.

By Mr. Reid, of CampbellA bill to create the office of Corporation Cleric Referred to Committee on Ways and Means.

602

,JouRNAL OF THE HousE.

By Mr. Redding, of Pike-
A bill to repeal an Act creating the City Court of
Earnesville.
Referred to Committee on Special Judiciary.

By Mr. Garlington-
A bill to increase the number of terms of the Superior Court of Richmond County.
Referred to Committee on Special Judiciary.

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

By Mr. Simmons, of Bulloch-
A resolution expressing the sympathy of the House for Hon. H. L. White, of Screven, in the death of his sister and her scin.
House Bill No. 10 was taken from the Committee on Constitutional Amendments and re-referred to the W. & A. R. R. Committee.
House Bill No. 429 was withdrawn by the author.
Upon the request of the author, House Resolution No. 18 was taken from the table and placed on the Calendar.

FRIDAY, JULY 16, 1909.

603

Mr. 'l'uggle, Chairman of the Committee on Manufactures, submitted the following report:

Mr. Speaker:
Your Committee on Manufactures having bad under consideration House Bill No. 146, to proteet manufacturers and dealers in soda water and other beverages, instruct me as their Chairman to report 'the same back with recommendation that it do pass by substitute.
TuGGLE, Chairman.

Mr. McMichael, of Marion, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under con, sideration House Bill No. 181, and instructs me as its Chairman to report that the same "do pass;" also House Bill No. 221, being a bill to provide for compulsory education, and recommends that it "do pass by substitute.''
Respectfully submitted, E. H. McMicHAEL, Chairman.
July 16th, 1909.

Mr. Persons, Chairman of the' Committee on Con-

604

JouRNAL oF THE HousE.

stitutional Amendments, submitted the following report:_

Mr. Speaker:

Your Committee on Constitutional Amendments begs leave to report that it has had under consideration House Bill No. 20 and reports the same back to the House with the recommendation that it do pass by substitute.

Also House Bill No. 10, which this Committee asks leave to refer to the Committee on the W. & A. Ry. Co., with recommendation that it do pass on the merits of said House bill and if favorably acted upon, re-refer the same to this Committee for consideration upon form and technique.

July 16th, 1909.

P:Jl;nsoNs, Chairman.

Mr. Johnson, of Bartow, Chairman of the Committee on General Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture have had under consideration the following 'House bills and have instructed me as their Chairman to report the

FRIDAY, JuLY 16, 190.9.

605

same back to the House with recommendation that same do pass :
House Bill No. 29. A bill to amend an amended Act to protect game and fish, etc., and for other purposes.
Also the following House bill, with recommendation that same do pass as amended:
House Bill No. 60. A bill to be entitled an ACt to make it unlawful to hunt, fish, etc., on land of another without written consent.
Also the following House bill with recommendation that same be withdrawn:
House Bill No. 429. A bill to regulate the grading of cotton seed meal, and for other purposes.
Mr. Parker, Chairman of the Committee on Roads and Bridges, submitted the following report:

Mr. Speaker:

Your Committee on Railroads having had under

consideration the following bills of the House, report

the same back with the recommendation that they do

not pass, to-wit:



House Bill No. 338, by Mr. Fields, of DeKalb.

House Bill No. 426, by Mr. Persons, of Monroe.

606

JouRNAL oF THE HousE.

We further recommend that House Resolution No. 25, by Mr. Alexander, of Fulton, do pass.
Respectfully submitted,
W. M. PARKER, Chairman.

Mr. Parker, Vice-Chairman of the Committee on ~pecial Judiciary, submitted the following report:
;11r: Speaker:
Your Committee on Special Judiciary have had under consideration the following bills of the House and instruct me as their Vice-Chai,rman to report same back to the House with the recommendation that same do pass, to-wit:
No. 59: To amend an' Act to establish a City Court in the City of Carrollton.
No. 65. To amend an Act to increase the terms of the Superior Court of Chatham county.
No. 242. To provide for two weeks' sessions of Superior Court of Toombs county.
No. 387. r:l'o regulate the salaries of stenographers in certain counties.
Nc. 40S. 'ro abolish the City Court of Ashburn.

FRIDAY, JuLY 16, 1909.

tiOi

No. 433. To amend an Act creating Board of Commissioners of Douglas county.
No. 447 To amend an Act establishing the City Court of Sylvester.

Also that the following House bills do pass as amended:
No. 63. To regulate the hours of labor in certain manufacturing establishments.
No. 282. To amend an Act incorporating the town of Grovetown.

Also that the following bill do not pass:
No. 238. To amend Section 526 of Volume 1 of the Code of 1895.
Respectfully submitted, PARKER, Chairman.

r.l'he following bills were read the third time and put upon its passage, to-wit:
Ey Mr. Hatfield, of Coffee-
A bHI to create the office of Commissioner of Roads and Revenues for the county of Coffee.

608

JouRNAL OF THE HousE.

Mr. Hatfield offered the following amendment which was adopted, to-wit:
To amend by striking the word ''six'' in Section 6, and insert the word ''three.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Hatfield, of Coffee-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Coffee Co.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite CoJ)stitutional majority was passed.

By Mr. Macintyre, of Thomas-
A bill to amend an Act to create the City Court of Thomasville.

FRIDAY, JuLY 16, 1909.

609

The favorable report of the Committee was agreed to.
On the passage of the b.ill the ayes were 120, nays 0.
' The bill having received the requisite Constitutional majority was passed.

By Mr. Hendricks-
A bill to amend an Act to create the City Court of Tifton.
The Committee amended by adding the following Sections.
"Sec. -- Be it further enacted by the authority aforesaid, That the solicitor of. said City Court, from and after the passage of this Act shall provide himself with a docket in which docket said solicitor shall enter all criminal .cases disposed of in said City Court, whether by settlement, acquittal or conviction. In said docket said solicitor shall enter the, legal costs in each case, properly itemized; said solicitor shall also enter in said docket a statement showing the disposition of each case, the amount of fines and costs collected in each case, the disposition of said fine and costs, l10w distributed and to whoin paid, and if a fine is not imposed or if imposed and not paid, an entry shall be made on said docket showing this fact.''

20-h j

610

JOURNAL OF THE HousE.

"Section -- Be it further enacted, That said solicitor shall keep said docket in his office, open to the inspection of the public at all times and shall publish on January 1st, and June 1st, of each year in the County Gazette, a complete statement from said docket showing cases disposed of how disposed of and fines in each of said cases and the disposition of said fines and costs.
Section -- Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The favorable report of the Committee was agreed to as amended.

On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.

On motion of Mr. Hall, of Bibb, action on the report of the Committee on Rule was postponed until next Monday and moved that 200 copies be ordered printed for the use of the House which motion prevailed.

The reading of bills a third time was resumed and the following. bills were put upon their passage, towit:

FRIDAY, JuLY 16, 1909.

611

By Mr. Anderson, of Chatham-

A joint resolution providing for the appointment of a special tax commission.
The Committee proposed a -substitute for the above bill which was amended as follows:

By Messrs. Brown, of Murray, and Stovall, of Elbert.

To amend by adding the following words : ''Provided, That the Grand Jury in each county shall appoint one man from each county and alternate who shall constitute this convention.''
By the Committee-

To amend by adding to the end of the 3rd paragraph the words: ''Provided said Joint Committee shall not sit more than 30 days.''
The substitute was then adopted as amended.
' The report of the Committee which was favorable to the passage of the resolution by substitute as amended was agreed to as amended.
On the passage of the resolution the ayes and nays were ordered and the vote was as follows:

612

JouRNAL oF THE HousE.

Those voting m the affirmative were Messrs.:

Adams

Fender

Alexander of DeKalb Field of DeKalb

Alexander of Fulton Ford

Allen

Gastley

Armistead

Griffin of Sumter

Atherton

Graddick

Atkinson

Guyton

Bailey

Hardeman of Jell's 'n

Baker

Hardman of Jackson

Barrett

Harvey

Beacham

Hatfield

Beasley

Helms

Bell

Henderson of Turner

Berry

Howell

Booker

Hullender

Brinson of Decatur Huie

Brown of Henry

Johnson of Bartow

Brown of Murray Johnson of Towns

Buxton

Joiner

Cannon

Jones of Laurens

Carter

Keith

Chandler

Kelley

Childs

Kennedy

Cooke

Kidd

Cordell

Kirby

Couch

Lewis

Cowan

Lord

Culberson

Meadows of Telfair

Daniel

Meadows of Toombs

Dickson

Middlebrooks

Drawdy

Miller of Ware

Edwards

Milikin

Elder

Minter

English

Mitchell

Faircloth

Moore

Macintyre McConnell McCrory McMahan McWhorter Oliver Parker of Talbot Porter Price Proctor Reaves Redding Reid of Cawpbell Reid of Macon Reid of Putnam Rogers Rosser Sheppar<l Shirley Smith of Giimer Smith of Walton St.ovall Tippins Turner Turnipseed Upshaw Walters Wasden Watkins Wight of Grady Wood Woodliff Wright of Floyd

Those voting in the negative were Messrs.:

AndcrSO)l of Bulloch Ault Anderson of chatham Barksdale

Brinson o:t Emanuel Brown of Carroll

FRIDAY, JuLY 16, 1909.

613

Burch Calbeck Converse Cureton Davis Ellison Garlington Godley I-fDll Harrington Henderson of Irwin

Hill Lovejoy MacFarland McCarthy McCurry McElreath McMichael of Marion Pierce Persons Reese Roberts

Simmons Slade Strong Tarver Tuggle Vinson Whiteley Williame; Wohlwender

Those not voting were Messrs.:

Alley Bagley Boyd Brown of Fulton Butt Carswell Edmondson Ellis Evans Fields of Crisp Fullbright Gillis Griffin of Twiggs Heard Hendricks

Holder' of Floyd

McMichael of Butts

Holtzclaw

Parker of,.Decatur

Hubbard

Paulk

Johnson of Jeff Davis Peacock

Jones of Meriwether Pope

Jones of Mitchell Rentz

Kendrick

Simpson

Kicklighter

Smith of Tattnall

Lawrence

Stubbs

Littleton

Tracey

Marshall

Waddell

Miller of Calhoun White of Sereven

Moss

Wright of Stewart

McArthur

Mr. Speaker

McCutchen

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

On counting the vote it was found that the ayes were 103, nays 37.

The resolution having received the requisite Constitutional majority was passed by substitute as amended.

614

JouRNAL OF THE HousE.

The following bills were read the second time, towit:

By Mr. Johnson, of Bartow-
A bill to amend an Act providing for the protection of game and fish.

By Mr. Brown, of Carroll-
A bill to amend an Act to create the City Court of Carrollton.

By Mr. Watkins, of Carroll-
A bill to prohibit hunting and fishing upon the lands .of another without consent of owner.

By M~ssrs. Hullender and Cureton-
A bill to amend Section 2615, Volume 2, of the Code of 1895.

By Messrs. Lawrence, Anderson and McCarthy-
A bill to amend an Act to increase the number of terms of the Superior Court of Chatham county.

By Mr. Littleton-
A bill to require parents to send children of certain ages to school.

FRIDAY, JuLY 16, 1909.

615

By Messrs. Vinson, Littleton, Garlington, Pierce and Fields-
A bill to amend Paragraph 1, Section 7, Article 7 of the Constitution.

By Mr. Meadows, of Toombs-
J
A bill to provide for two weeks session of the Superior Court of Toombs county.

By Mr. Moore, of Columbia-
A bill to amend and consolidate all Acts to incorporate town of Grovetown.

By Mr. Faircloth-
A bill to repeal an Act to create a system of public schools in the City of Wrightsville.

By Mr. Ford, of Worth-
A bill to amend an Act to create the City Court of Sylvester.

By Mr. Upshaw-
A bill to amend an Act to create a Board of County Commissioners for Douglas county.

616

JvC1tNAL OF THE HousE.

By Mr. Henderson, of Turner-

A bill to abolish the City Court of Ashburn.

By Messrs. Ellis and Evans-

A bill to regulate the salaries of court stenographers in certain counties.

By Mr. Alexander, of Fulton-

A resolution to invite the Southern Railway Company to locate its head offices in Atlanta.

By Mr. Alexander, of Fulton-

A bill to protect manufacturers, bottlers, etc., from the loss of their bottles.

By Mr. Alexander, of DeKalb-

A bill to amend and consolidate the Acts to incorporate the town of Decatur.

Leave of absence was grantedMr. Brown, of Carroll. Mr. Waddell.

FRIDAY, JULY 16, 1909.

617

Mr. Smith, of Gilmer. Mr. Brown, of Henry. Mr. Middlebrooks. Mr. Jones, of Laurens. Mr. Griffin, of Sumter.
The Speaker then announced the House adjourned until 10 o'clock tomorrow morning.

618

JouRNAL OF THE HousE.

ATLANTA, GA.,
SATURDAY, JULY 17th, 1909.
The House met pursuant to adjou~nment at 10 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 yesterday's proceedings was dispensed with.
Mr. Sheppard, of Sumter, gave notice that at the proper time he would move to reconsider the action of the House in passing House Resolution No. 18, providing for a tax commission.
Mr. Porter asked that House Bill No. 359 be recommitted to the Special Judiciary Committee, and that House Bill No. 132 be taken from the General Judiciary andre-referred to Special .Judiciary Committe~, both of which requests were granted.
Mr. Hardeman asked that House Bills Nos. 263 and 264 be taken from the General Judiciary and rereferred to the Committee on Special Judiciary which r~quest was granted.
The following bills were read the third time and put upon their passage, to-wit:

SATURDAY, JULY 17, 1909.

619

By Mr. Reese, of Glynn-
A bill to regulate the use of log carts, etc., on the public roads of Glynn county.
The favorable report of the Committee 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. Faircloth-
A bill to repeal an Act to create a system of public schools in the City of Wrightsville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 119, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Wight, of Grady, and Macintyre, of Thomas-
A bill to make it unlawful to run traction engines on the public roads of Thomas or Grady counties.

620

JouRNAL OF THE HousE.

The favorable report of the Committee was agreeu to.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Edwards and Smith, of Walton-
A .bill to provide for the removal of obstructions from the streams of Walton. county.
The favorable report of the Committee was ag~eed to.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutiona~ majority was passed.

By Mr. Miller, of Ware-
A bill to authorize the county of Ware to issue bonds for school purposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays
o.

SATURDAY, JuLY 17, 1909.

621

The bill having ,received the requisite Constitutional majority was passed.

By Mr. Moore, of Columbia-
A bill to amend an Act to incorporate the town of Grovetown.
The Committee proposed the following amendments which were adopted:
To amend Section 3 by striking :figures '' 1909'' in line 5 and insert :figures '' 1910.''
To amend Section 5, line 13, by striking word ''one year'' and insert words ''six months.''
To amend Section 8, line 5, by striking :figures '' $25'' and insert in lieu thereof '' $25,000. ''
.The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 107, nays
0.
The bill having received the requisite Constitu~ tional majority was passed as amended.

By Mr. Helms, of Paulding-
A bill to create a system of Public Schools in the town of Hiram.

622

JouRNAL OF THE HousE.

The Committee proposed to amend as follows:
To amend by striking from 3rd and 4th lines of Section 6 the words ''select text books.''
Also,
To amend by striking all that part pertaining to an entrance fee beginning with word "they" in line 11 and ending with word "proper" in line 13.
Also,
To amend by substituting "they" for "and" in line 13.
Also,
To amend by striking out the words ''State School Commissioner'' in latter part of Section 6 and substituting therefor "County School Commissioner."
Also,
To amend by striking word ''pro rata part'' in latter part of Section 6 and insert in lieu thereof the word ''apportionment.''
Also,
To amend by striking word ''State School Commissioner'' in Section 8 and inserting ''County School Commissioner.''

SATURDAY, JuLY 17, 1909.

6:Z3

Also,
To amend by striking words ''pro rata share'' in Section 8, and insert word ''apportionment.''
The favorable 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 119, nays 0.
The bill having received the requisite Constitutional majority, was passed as amended.

By Mr. Barrett, of Stephens-
A bill to incorporate tl1e town of Avalon.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Brown, of Henry-
A bill to create the office of Commissioner of Roads and Revenues for the County of Henry.

624

JouRNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Persons, of Monroe-
A bill to amend the Charter of Forsyth~
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 119, nays 0.
'l'he bill having received the requisite Constitutional majority, was passed.

By Mr. Jones, of Mitchell-
A bill to regulate the butchering of cattle, &c., in Mitchell County.
The Committee proposed to amend as follows:
To amend by inserting after words "Mitche11 County" the words "or Thomas County," and after the words ''County of Mitchell'' the words ''County of Thomas.''

SATURDAY, JuLY 17, 1909.

625

The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority, was passed as amended.

By Mr. Bell, of Cherokee-

A bill to repeal Act creating a Board of Roads and Revenues for the County of Cherokee.
The favorable report of the Committee 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. Gastley, of Habersham-

A bill to amend Act approved October 6, 1891, providing for local taxation for public schools.
The favorable report of the Committee was agreed to.

/

626

JOURNAL OF THE HousE.

On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Alexander, of DeKalb-
A bill to amend the laws to incorporate the town of Decatur.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.
'rhe bill having received the requisite Constitutional majority, was passed.

By Mr. Rentz, of Houston-
A bill to i~corporate the town of Grovania.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes. were 107, nays 0.
The bill having received the requisite Constitutional majority, was passed.

SATURDAY, JuLY 17, 1909.

627

By Mr. Meadows, of Telfair-
A bill to create the office of Commissioner of Roads and Revenues for the County of Telfair.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Meadows, of Telfair:-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Telfair.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Carroll and Kirby, of Coweta-
A bill to amend the Charter of the town of Grantville.

628

JouRNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109, nays 0.
The bill having receive<;I the requisite Constitutional majority, was passed.

By Messrs. Alexander, Brown and McElreath, of Fulton-

A bill to amend an Act establishing a new Charter for the City of Atlanta.
The Committee proposed to amend by striking out Section 2, and numbering remaining Sections accordingly.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was therefore passed as amended.
On motion of Mr. Reid, 'of Campbell, House Bill
No. 432 was tabled.

SATURDAY, JuLY 17, 1909.

629

By Mr. Upshaw, of Douglas-
A bill to amend an Act creating a Board of County Commissioners for Douglas County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 103, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. McCarthy, of Chatham-
A bill to create a County Police force for Chatham County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 111, nays 0.
The bill having recei~ed the requisite Constitutional majority, was passd.

By Mr. Barrett, of Stephens-
A bill to fix the compensation of the Ordinary of , Stephens County in certain cases.

630

JouRNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays 0.
The bill having rec~ived the requisite Constitutional majority, was passed.

By Mr. Paulk, of Berrien--

A bill to incorporate the City of Rays Mill.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109~ nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Kennedy and Smith, of Tattnall-

A bill to incorporate the City of Glennville.
The favorable report of the Committee was agreed to.
On the passage of the. bill the ayes were 109, nays 0.

SATURDAY, JuLY 17, 1909.

631

The bill having received the requisite Constitutional majority, was passed.

By Mr. Jones, of Meriwether-

A bill to amend the Charter of Greenville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Tarver, of Whitfield-

A bill to repeal an Act to consolidate the laws incorporating the City of Dalton.

The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 110, nays 0.

The bill having received the requisite Constitu-

#

tional majority, was passed.

632

JOURNAL OF THE HousE.

By Mr. Faircloth-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Johnson County.
The favorable report of the Committee 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. Henderson, of Turner-
A bill to amend an Act to create a Board of Commissioners of Roads for Turner County.
rrhe favorable report of the Committee was agreed . to.
On the passage of the bill the ayes were 107, nays 0.
The bill. having received the requisite Constitutional majority, was passed.

By Mr. ~id, of Campbell-
' A bill to further amend the Charter of the town
of Palmetto.

SATURDAY, JULY 17, 1909.

633.

The favorable report of the Committee 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.
The following Senate bills were read the first time, to-wit:

By Mr. Harrell,. of 12th district-
A bill to provide for supersedeas of judgments of conviction in County and other courtH.
Referred to Committee on General Judiciary.

By Mr. Akin, of 4th.District-
A bill to authorize the County of Glynn to issue bonds.
Referred to Committee on Counties and County Matters.

By Mr. Griffith, of 38th DistrictA bill to amend Section 342 of the Penal Code. Referred to Committee of General Judiciary.

. 634

jouRNAL OF THE Hou..sE.

'
By Mr. Day, of 41st District-

A bill to give to Judges of criminal courts the power to suspend sentence in certain cases.
Referred to Committee on General Judiciary.

By Mr. Griffith, of 38th District-

A bill to amend Section 2573 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Morris, of 18th District-

A bill to prohibit the giving away of trading stamps.
Referred to Committee on Special Judiciary.

By Mr. McCurry, of 31st District-

A bill to make penal the wilful uttering of words derogatory to the reputation of any unmarried, virtuous female.
Referred to Committee on Special Judiciary.
The following Senate bills were read the second time, to-wit: -

SATURDAY, JuLY 17, 1909.

635

By Mr. Slaton, of 35th DistrictA bill to provide for ''Georgia Day.''

By Mr. McWilliams, of 34th District-
A bill to allow County Boards of Education to borrow money to pay school teachers.
The following resolution was read the second time and re-committed, to-wit:

By Mr. Alexander, o~ DeKalb-
A bill to provide for the purchase of lands near Chattanooga for increasing the facilities of the Western and Atlantic Railroad.
Mr. Stubbs, of Thomas, member-elect from the County of Thomas, came forward and was sworn in as a member of the GeneralAssembly, the oath of office being administered by the Honorable Wm. H. Fish, Chief Justice of the Supreme Court of Georgia.
Mr. Porter, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration House Bill No. 359, and report

636

JouRNAL OF THE HousE.

the same back with the recommendation that the same do pass, as amended.
PoRTER.
Mr. McMahan, Chairman of the Committee on State University and its Branches, submitted the following report:

Mr. Speaker:

Your Committee on the University and its Branches having had for its consideration House Resolution No. 81, recommend that same do pass.
J. J. McMAHAN, Chairman.

Leave of absence was granted Mr. McMichael, of Marion.
On motion of Mr. Barrett, of Stephens, the Speaker announced th~ House adjourned until 10 o'clock Monday morning.

MoNDAY, JuLY 19, 1909.

637

ATLANTA, GEORGIA;-

MoNDAY, JuLY 19, 1909.

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

Brown of Murray

Alexander of DeKalb Burch

Alexander of Fulton Butt

Allen

Buxton

Alley

Calbeck

Anderson of Bulloch Cannon

Anderson of Chatham CarsweJI

Armistead

Carter

Atherton

Chandler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

Bailey

Couch

Baker

Cowan

Barrett

Culberson

Beacham

Cureton

Beasley

Daniel

BeII

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford, Fullbright Garlington Gastley dillis Godley Grad dick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill



638

JouRNAL OF THE HousE.

Holder of Floyd

Moss

Sheppard

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Simmons

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

.Johnson of Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens McMahan

Stubbs

Jones of Meriwether McMichael of Butts Tarver

Jones of Mitchell McMichael of Marion Tippins

Keith

McWhorter

'l'racey

Kelley

Oliver

Tuggle

Kendrick

Parker of Decatur Turner

Kennedy

Parker of Talbot

Turnipseed

Kicklighter

Paulk

Upshaw

Kidd

Peacock

Vinson

Kirby

Persons

Waddell

Lawrence

Pierce

Walters

Lewis

Pope

'\Vasden

Littleton

Porter

Watkins

Lord

Price

Wuite of Screven

Lovejoy

Proctor

Whiteley

Marshall

Reaves

Wight of Grady

Meadows of Telfair Redding

Williams

Meadows of Toombs Reese

Wohlwender

Middlebrooks

Reid of Campbell

Wood

Miller of Calhoun Reid of Macon

Woodliff

Miller of Ware

Reid of Putnam

Wright of Floyd

Milikin

Rentz

Wright of Stewart

Minter

Roberts

Mr. Speaker

Mitchell

Rogers

Moore

Rosser

By unanimous consent the reading of the Journal of Saturday's proceedings was dispensed with.
Mr. McElreath asked leave of absence from the morning session for the Committee to investigate the

MoNDAY, JuLY 19, 1909.

639

suspension of Chairman S. G. McLendon, of the Railroad Commission, by former Governor Hoke Smith, which was granted.
Mr. Sheppard, of Sumter, moved that the House reconsider its action in adopting a resolution, No. 18, to provide for the appointment of a Tax Commission, which motion prevailed.
I
Mr. Hall, Chairman of Committee on General .Judiciary, submitted the following report:

Mr. Speaker:
Your- Committee on General Judiciary have had under consideration the following bill of the House, and instruct me as their Chairman to report same back to the House with the recommendation that same do pass, as amended, to-wit:
House Bill No. 76. A bill to divide the Brunswick Judicial Circuit into two Judicial circuits.
Respectfully submitted,
J. H. HALL, Chairman.

Mr. Brown, of Fulton, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

640

JouRNAL OF THE HousE.

Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following House bills, and we recommend that No. 182 do pass, No. 401 do pass, and that 419 do not pass.
GEoRGE BRowN, Chairman. T. F .JoHNSON, Secretary.

Upon the request of Mr. Garlington, House Bill No. 20 was re-committed to the Committee on Constitutional Amendments.
The following resolution was read, towit:

By Mr. Sheppard, of Lumpkin-
A resolution providing for a joint committee to prepare a bill looking to the equalizing of the burdens of taxation.
Lay on table one day.
Mr. On motion of Hall, of Bibb, House Bill No. 7()
was re-committed to the General Judiciary Committee.
Upon the request of Mr. Edwards, House Bill No. 255 was taken from the General Judiciary Committee and re-commiHed to the Special Judiciary Coi~1mittee.

MoNDAY, .Jm,y 19, 1909.

641

By unanimous consent, the following bills were introduced and read the first time, to-wit:
Ey Mr. Beazley-
A bill to provide for properly branding of fertilizers.
Referred to Committee on General Agriculture.

By Mr. Barrett, of Stephens-

A resolution to provide for visiting convict camps. Referred to Committee on Penitentiary.

By Mr. Gastley-

A bill to amend the Charter of the City of Clarkesville.
Referred to Committee on Counties and County Matters.
By Mr. Atkinson, of Morgan-
A bill to incorporate the town of Swords.
Referred to Committee on Corporations.

21-h j

642

JouRNAL OF THE HousE.

By Mr. Walters, of Colquitt-

A bill to amend an Act to create a Board of Commissioners ,of Roads and Revenues for Colquitt County.
Referred to Committee on Corporations.

By Mr. Allen, of Upson-

A bill to incorporate the village of East Thomas. ton.
Referred to Committee on Counties and County Matters.

By Mr. Meadows, of Toombs-

A bill to amend an Act to regulate the analysis and inspection of commercial fertilizers.
Referred to Committee on Special Agriculture.

By Mr. Allen, of Upson-

A bill to repeal an Act to incorporate village of East Thomaston.
Referred to Committee on Counties and County Matters.

MoNDAY, JuLY 19, 1909.

643

By Messrs. Kirby and Couch-.-

A resolution to pay pension due J no. M. ConnelL Referred to Committee on Pensions.

By Mr. Middlebrooks-

A bill to make valid any contract, promissory note, &c., executed by a minor to pay educ~tional expenses.
Referred to Cori:unittee on Special Judiciary.

By Mr. McMichael, of Butts-

A bill to repeal on Act to create a Board of Commissioners of Roads and Revenues for the County of Butts.
Referred to Committee on Counties and County Matters.

By Mr. Chandler, of FranklinA bill to amend Section 554 of the Code of 1895. Referred to Committee on Special Judiciary.

6!4

JOURNAL OF THE HousE.

By Mr. McMichael, of Butts-
A bill to create the office of Commissioner of Roads and Revenues for Butts County.
Referred to Committee on Counties and County Matters.

By Messrs. MeWhorter, of Greene, and Reid, of Campbell-
A bill to require all persons, etc., selling imitations for beer, whiskey, &c., to obtain a license before so doing.
Referred to Committee on Ways and Means.

By Mr. wright, of Stewart-

A bill to repeal an Act creating Cou~ty Courts in this State in so far as the same applies to the county of Stewart.
Referred to Committee on Special Judiciary.

By Mr. Wright, of Stewart-
A bill to secure depositors m the incorporated banks of this State.
Referred to Committee on Banks and Banking.

MoNDAY, .JuLY 19, 1909.

645

By Mr. Woodliff, of Forsyth-=-

A bill to amend an Act to incorporate the town of Cumming in :F'orsyth, county.
Referred to Committee on Special Judiciary.

By Mr. Wright, of Stewart-

A bill to require the County Commissioners -of Stewart county to pay reasonable compensation for convicts turned over by courts of said county.
Referred to Committee on Special Judiciary.

By Mr. Wright, of Stewart-
A bill to regulate the execution of notes, mortgages, and other obligations. -
Referred to Committee on General Judiciary.

By Mr. Wright, of Stewart-
A bill providing for bi-ennial sessions of the General Assembly.
Referred to Committee on Constitutional Amendments.

646

JouRNAL oF THE HousE.

By Mr. Vinson, of Baldwin-
A bill to require County Boards of Education to pro rate the Common School funds between the races according to taxes paid by each.
Referred to Committee on Education.
Under the head of unfinished business the following report of the Committee on Rules submitted by Mr. Anderson, of Chatham, Vice-Chairman, wa~ taken up and read.

Mr. Speaker:
Your Committee on Rules having had under consideration the Rules of the House have carefully revised and corrected the same with a view to eliminate inconsistencies, clear up ambiguities and correct manifest mistakes and do recommend that the House Rules contained in the Legislative Manual for 19071908 be adopted with the following changes, alterations and amendments, to-wit:
1st Rule 17.-That Rule 17 be amended by striking out of the third sentence of said Rule the words "or may" which now appear in the eighth line o said Rule in the Legislative Manual for 1907-1908; so that said third sentence of said Rule as amended shall read as follows: ''If any member in speaking, or otherwise, transgress the Rules of the House, the Speaker shall call him to order, in which case the

MoNDAY, .JULY 19, 1909.

647

member so called to order shall immediately sit. down, unless permitted to explain."
2d Rule 18.-That Rule 18 be amended by insert ing the following proviso at the end of the first sen- tence of said Rule on the sixth line thereof, to-wit: "Provided that if, at the time, the House ~s acting under the previous question, such question of order and other proceedings referred to shall not be taken up for decision until after the previous question and the main question have been exhausted or-until such further time as may then be ordered by the House;'' so that said Rule 18 as amend~d shall read as foi.. lows, to-wit:
''If any member be called to order for words spoken, the words excepted to shall be taken down in writing by the Clerk and read; then admitted, de nied, or explained by the member who spoke, and thereupon the question of order shall be decided and such other proceedings had as the House may deem proper in regard thereto; provided that if, at the time, the House is acting under the previous question, such question of order and other proceedings . referred to shall not be taken up for decision until after the previous question and the_ main question have been exhausted, or until such further time as may then be ordered by the House. But no member shall be held to answer, or be subject to the censure of the House for words spoken in debate if any other member has spoken or other business has i~terveiJed

648

JouRNAL OF THE HousE.

after the words were spoken, and before the exception to them was taken.''
3d Rule 23.-That Rule 23 be amended by adding thereto the following clause, to-wit: ''And s~ch protest shall be entered by the Clerk upon the Journal of the House'' so that said Rule 23 as amended shall read as follows, to-wit:
"Any member may enter a protest in writing against the action of the House; said protest shall clearly and succintly set forth the grounds of such protest, and shall not be argumentative, nor arraign, nor impugn the motive of the House nor of any member thereof; and such protest shall be entered by the Clerk upon the Journal of the House."
4th Rule 31.-That Rule 31 be repealed 'and the following substituted in lieu thereof, to-wit: ''On all questions except such as are not debatable, any member, on the call of the ayes and nays, shall as a matter of right be allowed three minutes in which to explain his vote. Where the vote on any question is not taken by ayes and nays no member shall be allowed to explain except by unanimous consent of the House. No motion shall be entertained to vary this rule, nor to extend a members time for explaining."
5th Rule 34.-That Rule 34 shall be placed under the Sub Head of "Rules on Decorum and Debate" instead of under the Sub Head of '' Divisio;n of a Question'' as it now stands.

MoNDAY, JuLY 19, 1909.

64!J

6th Rule 35.-That Rule 35 be amended by striking out the word "one" in,the first line thereof.
7th Hule 40.-That Rule 40 be amended by changing the last proviso therein so as to make said last proviso read as follows, to-wit: ''Provided, That the General Tax Bill and the General Appropriation Bill shall take precedence on third reading over all other matters, even Special orders, until the said Bills shall have been finally disposed of.''
8th Rule 43. That Rule 43 be amended by striking out all of the first portion of said Rule from the words ''no debate'' in the first line to the "ords "whole House" in the ninth line, both inclusive and substituting in lieu thereof the following, to-wit: "No debate shall be admitted upon any Bill at the first reading. Upon the introduction of any Bill 01 Resolution or other matter requiring reference to a Committee the Speaker shall as a matter of course and without debate commit the same to the proper Committee unless otherwise ordered by the H~use, and no unanimous consents shall be allowable in regard to the commitment of such Bills and Resolutions, etc. In case of Engrossment of any Bill or other matter the entry thereof shall be made by the Clerk and the Bill or other matter shall not be amendable thereafter unless subsequently ''committed.''
9th Rule 49.-That a new rule to be numbered 49
be adopted and to read as follows, to-wit: "The

650

JOURNAL OF THE HousE.

Committee on Rules during the last seven days of each session shall arrange and fix a Calendar for each day's business and such Calendar shall be a standing and continuing Special Order during said period; and no matter shall be taken up or acted on otherwise than in the order fixed by such Calendar except by unanimous consent of the House.
lOth. That the present Rule 49 be numbered 50 and that the numbers of all subsequent rules be corrected so as to make them read in consecutive order.
11th. Rule 66.-That the present Rule 66 be amended by striking out the word ''vote'' where the same appears on page ll9 in the second and fifth lines on said page and substituting in lieu thereof the words ''of a quorum'' so that in both places the rule shall read "majority of a quorum" instead of "majority vote."
12th. Rule 71.-That the present Rule 71 be amended by striking the letter '' s'' from the word ''members'' in the third line of said rule; so as to correct the typographical error now existing therein.
13th. Rule 77.-That the present Rule 77 be amended by adding the letter "s" t~ the word "question" in the fourth line thereof; so as to correct the typographical error now existing therein.
14th. Rule 96. That the present Hule 96 be amended by inserting the letter ''1'' in the second

MoNDAY, JuLY 19, 1909.

651

word on the second line thereof; so as to correct the typographical error now existing therein.
15th. Rule 161.-That the present Rule 161 be amended by striking out the words "majority of the House" at the end of said Rule and substituting the words "Majority of a Quorum."
16th. Rule 176.-That the present Rule 176 be amended by adding thereto the- following, to-wit: No unanimous consents for the introduction of new matters shall be allowable except during the thirty (30) minutes next succeeding the reading of the Journal; so that said Rule as amended shall read as follows, to-wit: ''The House may, by unanimous consent, relieve itself from the operation of any rule other than the Constitutional Rule of the. House. rrhe Speaker shall entertain but one request for unanimous consent at any one time. No unanimous consents for the introduction of new matters- shall be allowable except during the thirty (30) minutes next succeeding the reading of the Journal.
17th. Rule 178.-That the present Rule 178 be repealed and the following adopted in lieu thereof, to-wit: "The hours of the morning sessions of the House shall be from ten o'clock a. m. to one o'clock p. m., when the House shall stand adjourned until ten o'clock a. m. of the next succeeding da.y, Sundays excepted; unless otherwise ordered by the House.
18th. Rule 191.-That the present Rule 191 be

652

JouRNAL OF THE HousE.

amended b:t adding thereto the following proviso, to-wit: "Provided that when any matter is before the House no question of personal privilege shall be acted on until the pending question shall be disposed of."
19th. Rule 193.-That the present Rule 193 be amended by inserting in their proper places in the Lists of Standing Commitees the names of the four newly created Committees on Engrossing-on Forestry and Water Ways-on Insurance- and on Reformatories.
20th. Rule 168.-That the present Rule 168 be amended by inserting the words ''nor changed'' after the word ''suspended'' and before the word "nor" in the third line of said Rule so that said Rule as amended shall read as follows, to-wit: "The rules of this House, known as Constitutional Rules, shall in no case be suspended; all other rules shall in no case be suspended nor changed, nor the order of business changed, except by a vote of threefourths of the numbers voting.''
Respectfully submitted,
J. RANDOLPH ANDERSoN, Vice-Chairman.

Under the head of unfinished business the foregoing report of the Committee on Rules was taken up and on motion of Mr. Anderson, of Chatham, the same was considered by Sections.

MoNDAY, JuLY 19, 1909.

Mr. Moss, of Cobb, moved that the House reconsider its action in adopting Rule 49 which provides for a Standing Committee to arrange the order of business for the last seven days of the session which motion was lost.

Mr. Hall, of Bibb, moved that the House recon-

sider its action in adopting Rule No. 176, relative to



granting unanimous consents which motion pre-

vailed.

Mr. Hall, of Bibb, then offered the following substitute for Rule No. 176 which was adopted, to-wit:

''Rule 176.:-The Speaker shall not recognize any member for the purpose of asking at any time "~Jnani- . mous consent to put any general bill on its passage or to read the same the third time, nor shall he recognize any meuiber for. the purpose of asking unanimous consent to introduce a bill or resolution, or to read the same the second time except during the first thirty minutes after the reading of the J o-q.rnal. This rule shall not apply to a general bill of local application on its third reading.''

Rule 176 as reported by the Committee on Rules was then adopted by substitute.
Mr. Fullbright moved that the House reconsider its action in adopting Rule 31, which motion was lost.

654

JouRNAL OF THE HousE.

The report of the Committee on Rules was adopted as amended.
Mr. Stubbs, 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 Enrolled Acts, to-wit:
A resolution to amend inscription to be placed upon the monument to General James Edward Oglethorpe, and to provide for the ceremonies attending the unveiling of same.
A resolution to authorize and direct the Governor to communicate with Mr. Luther Burbank, of Santa Rosa, Cal., requeS~ting him to ~nclude the cotton plants in his experiments.
A resolution requesting the Congressmen and Senators from Georgia to use their votes and influence in support of bills requiring the Agricultural Departments to gather certain information in regard to cotton, etc.
Respectfully submitted,.
J. B. STuBBs, Chairman.

MoNDAY, JuLY 19, 1909.

655

The following message was received from the Senate, through Mr. North(m, Secretary thereof :

Mr. Speaker:
The Senate has adopted the following resolutions in which the concurrence of the House is respect~ fully asked, to~wit:
A resolution providing for a joint Committee of the Senate and House of Representatives upon tax returns and valuations.
Also,
A resolution providing, That officers and enlisted men of the National Guard of this State are per~ mitted to count service performed in the National Guard in other States towards retirement.
The Senate has passed by the requisite Constitutional majority the following Senate bill, to-wit:
A bill to incorporate the city of Dawson.
The following message was received from the Senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite Constitu~ tional majority the following House bills, to-wit:

656

JouRNAL oF THE HousE.

A bill to provide compensation for the Commissioners of Roads and Revenues of Gordon county, in certain cases.
Also,
A bill to take Hancock county from the northern judicial circuit and add said county to the Ocmulgee judicial circuit.
Also,
A bill to repeal an Act to establish the City Court of Dalton.
Also,
A bill to amend an Act to create a city court in and for the county of Calhoun.
The Senate has adopted the following resolutions of the House, to-wit:
A resolution inviting Mr. J. N. MacCarmack, of Kentucky, to address the General Assembly upon pure food, etc.
Also,
A resolution authorizing the Governor to borrow money to supply casual deficiencies in the revenues.
Also,

MoNDAY, JULY 19, 1909.

657

A resolution to authorize the Treasurer to sign his name to certain bonds issued by the State.
Also,

A resolution calling for a joint Committee to investigate matters relating to fish and oyster culture in the waters of this State, and has appointed as said Committee on part of the Senate, Senators Akin, Slater and Patterson.

Leave of absence was granted:

Mr. Kennedy, of Tattnall.

Mr. Watkins.

Mr. RoRser.

/

Mr. Johnson, of Towns.

Mr. Griffin, of Sumter.

On motion of Mr. Barrett, of Stephens, the House adjourned until 10 o'clock tomorrow morning.

658

JouRNAL OF THE HousE.

ATLANTA, GA.,

TuESDAY, JuLY 20, 1909.

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

Brown of Henry

Alexander of DeKalb Brown of Murray

Alexander of Fulton Burch

Allen

Butt

Alley

Buxton

Anderson of Bulloch Calbeck

Anderson of Chatham Cannon

Armistead

Carswell

Atherton

Carter

Atkinson

Chandler

Ault

Childs

Barksdale

Converse

Bagley

Cooke

Bailey

Cordell

-Baker

Couch

Barrett

Cowan

Beacham

Culberson

Beasley

Cur,eton

Bell

Daniel

Berry

Davis

Booker

Dickson

Boyd

Drawdy

Brinson of Decatur Edmondson

Brinson of Emanuel Edwards

Brown of Carroll

Elder

Brown of Fulton

Ellis

Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gast!P.y Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Je:fl's'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin

TuEsDAY, JuLY 20, 1909.

Henderson of Turner Mitchell

Rosser

Hendricks

Moore

Sheppard

Hill

Moss

Shirley

Holder of Floyd

MacFarland

Simmons

Holtzclaw

Macintyre

Simpson

Howell

McArthur

Slade

Hubbard

McCarthy

Smith of Gilmer

Hullender

McConnell

Smith of Tattnall

Huie

McCrory

Smith of Walton

Johnson of Bartow McCurry

Stovall

Johnson of Jeff Davis McCutchen

Strong

Johnson of Towns McElreath

Stubbs

.Joiner

McMahan

Tarver

Jones of Laurens :NlcMichael of Butts Tippins

Jones of Meriwether McMichael of Marion Tracey

Jones of Mitchell McWhorter

Tuggle

Keith

Oliver

Turner

Kelley

Parker of Decatur 'furnipseed

Kendrick

Parker of Talbot

Upshaw

Kennedy

Paulk

VinSO'l

Kicklighter

Peacock

Waddell

Kidd

Persons

Walters

Kirby

Pierce

Wasden

Lawrence

Pope

Watkins

Lewis

Porter

White of Screven

Littleton

Price

Whiteley

Lord

Proctor

Wight of Grady

Lovejoy

Reaves

Williams

Marshall

Redding

Wohlwender

Meadows of Telfair Reese

Wood

Meadows of Toombs Reid of Campbell

Woodliff

Middlebrooks

Reid of Macon

Wright of Floyd

Miller of Calh'oun Reid of Putnam

Wright of Stewart

Miller of Ware

Rentz

Mr. Speaker

Milikin

Roberts

Minter

Rogers

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

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

660

JouRNAL oF THE HousE.

By Mr. Moss, of Cobb-

A bill to declare Coca-Cola a poisonous drug and to regulate the sale of same.
Referred to Committee on Hygiene and Sanitation.

By Mr. Moss-

A bill to authorize a tax on individual incomes in excess of $4,000.
Referred to Committee on Ways and Means.

By Mr. Moss-
A bill to authorize the cultivation of corn. Referred to Committee on General Agriculture.
By Messrs. Moss and Daniel-
A bill to amend an Act relative to the creation of electric lights, water works and sewers in the City of Marietta.
Referred to Committee on Special Judiciary.

TuESDAY, JuLY 20, 1909.

661

By Mr. Rogers, of Randolph-
A bill to prohibit the sale of near beer in the town of Shellman.
Referred to Committee on Temperance.

By Mr. Wright, of Floyd-

A bill to prohibit prize fighting in this State. Referred to Committee on General Judiciary.

By Mr. Wright, of Floyd-

A bill to prohibit the betting on any election or primary in this State.
Referred to Committee on General Judiciary.

By MessrK. Moss and Daniel-

A bill to amend an Act to issue bonds for the creation of a system of lights and water works in Marietta.
Referred to Committee on Special Judiciary.

662

JouRNAL OF THE HousE.

By Mr. Lewis, of Hancock-
A bill to provide for the holding of a Constitutional Convention.
Referred to Committee on Constitutional Amendments.

By Messrs. McCarthy and Anderson, of Chatham-
A bill to authorize the county authorities of cer1 tain counties to raise by taxation a sum sufficient to
pay for material furnished in construction of school buildings.
' Referred to Committee on Counties and County
Matters.
By Mr. :F'aircloth-
A bill to prescribe the duties and powers of the Ordinary of .Jolmson county.
Referred to Committee on Counties and County Matters.
By Messrs. Moss and Daniel-
A bill to fix compensation for JUrors in Justice Courts.
I
Referred to Committee on Special Judiciary.

TUESDAY, JFLY 20, 1909.

663

By Mr. Tippins, of Appling-
A bill to amend an Act to create the City Court of Baxley.
Referred to Committee on Special Judiciary.

By Mr. Wright, of Stewart-
A bill to regulate the sale and carrying of deadly weapons.
Referred to Committee on Ways and Means.

By l\fr. Edmondson, of ChattoogaA bill to incorporate the City of Summerville.
Referred to Committee on Counties and County Matters.

By Mr. Chandler, of FranklinA bill to amend Section 188 of the Penal Code. Referred to Committee on Special Judiciary.

By Mr. Beazley, of Lee-
A bill to amend an Act to create the City Court of Leesburg.
Referred to Committee on Special Judiciary.

664

JouRNAL OF THE HousE.

By Mr. Huie, of ClaytonA resolution providing for a Committee to visit School for Deaf.
Referred to Committee on Georgia School for Deaf.
By Mr. Cureton, of Dade-
A bill to make mere specific the crime of barratry. Referred to Committee on General Judiciary.
By Mr. CuretonA bill to amend Section 4:4~9 of the Code of 1895. Referred to Committee on General Judiciary.
By Mr. Alexander, of FultonA bill to authorize municipal corporations to make
expenditures from their funds for purposes of advertising, etc.
Referred to Committee on Corporations.
By Messrs. Adams, Carter, Hardman, Holder, of Jackson, and Wood-
A bill to amend an .Act to create a charter for the town of Gillsville.
Referred to Committee on Corporations.

TuESDAY, .JuLY 20, 1909.

665

By Messrs. Dayis, of Dougherty; McCrory and Beazley-
A bill to repeal an Act providing for registration in cases of special elections.
.Referred to Committee on Special Judiciary.

By Mr. Cureton, of DadeA bill to amend Section 326 of the Code of 1895. Referred to Committee on General Judiciary.

By Messrs. McCrory, Davis, Beazley and Sheppard-

A bill to provide f9r and regulate the registration of voters, etc.
Referred to Committee on Special .Judiciary.

By MeHsrs. McConnell and Simpson-
A bill to make it penal to draw a check, etc., on any bank without sufficient funds to pay same.
Referred to {_:onunittee on Banks and Banking.

Mr. Macintyre, Chairman of the Committee o:1 Counties and County MatterH, submitted the following report:

. 666

.JouRNAL OF THE HousE.

Mr. Speaker:

Your Committee on Counties and County Matters, after due consideration make report upon the following bills, to-wit:

That House Bills 487, 473, 453, 324, 495, 501, 319, 318, 493, 494 do pass.

House Bills 316 and 317 do pass by substitute.

House Bill 184 do pass as amended.

House Bill 342 do not pass.

Senate Bill No. 44 do pass.

~

Respectfully submitted, MAciNTYRE, Chairman.

Mr. Persons, Chairman of the Committee on Constitutional Amendments, sub~itted the following report:
Mr. Speaker:
Your Committee on. Constitutional Amendments have had under consideration the following House bills: No. 204, requests me as its Chairman, to re-

TUESDAY, JULY 20, 1909.

667

port the same back with the recommendation that it do pass. Also House Bill 205 do pass as amended.
PERSON::;, Chairman. July 20th, 190~.

Mr. Ault, Chairman of the Committee on Roads and Bridges, submitted the following report:
Mr. Speaker:
The Committee on Roads and Bridges having had under consideration House Bill No. 7, direct that the bill be reported with the recommendation that sam() do pass by substitute.
This July 20th, 1909. E. S. AuLT, Chairman.

Mr. Barrett, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary having had under consideration House Resolution No. 86, direct me as Chairman to report the same back with the recommendation that it do pass.
FERMOR BARRETT, Chairman.

668

.JouRNAL oF THE HousE.

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

M L Speaker:
Your Committee on General Judiciary have had under com;ideration the following bills of the House and instruct me, as their Chairman, to report same back to the House with the recommendation that same do pass, to-wit:
A bill to p.rohibit common carriers from gtvmg passes, franks, etc., to officials of the State, counties and municipalities.
A bill to regulate pleadings relative to certain cases.
A bill to establish a Board of Osteopathic Examiners for the State of Georgia.
Also the following bill of the House with the recommendation that same do pass as amended, to-wit:
A bill to divide the Brunswick Judicial Circuit into two circuits.
Also the following bills of th~ House to be withdrawn from the General Judiciary and referred to Committees as follows, to-wit:

TuESDAY, JuLY 20, 1909.

669

House Bill 41 to Committee on Appropriations.

#'

House Bill 44 to Committee on Appropriations.

House Bill 186 to Committee on Ways and Mean0.

House Bill 188 to Committee on Counties and County Matters.

House Bill 81 to Committee on Special Judiciary.

Respectfully submitted,

J. H. HALL, Chairman.

House Resolution No. 25 inviting. the Southern Railway Company to locate their head offices in Atlanta was tabled on motion of Mr. Boyd, of
S~alding.
The following resolution was read and adopted, to-wit:
By Mr. Stovall,' of Elbert-
A resolution requesting the Clerk to make a calendar bringing the business of the House up to date.
Upon request of the author House Bill No. 54 was taken from the Committee on Public Property and re-referred to Committee on Special Judiciary.

670

JouRNAL oF .THE HousE.

Upon the recommendation of the General Judiciary Committee House Bill 41 was taken from General Judiciary and referred to Committee on Appropriations; House Bill 44 was taken from General Judiciary and referred to Committee on Appropriations; House Bill 186 was taken from General Judiciary and referred to Ways and Means Committee; House Bills Nos. 81 and 186 were taken from General Judiciary and referred to the Special Judiciary Committee.
Upon the request of Mr. Hardman House Bill No. 22 was taken from the table and placed on the Calendar.
Upon request of the author House Bill 358 was taken from the table and placed on the Calendar.
Mr. Hall, of Bibb, moved that this morning's session of the House be extended for thirty minutes for the purpose of reading bills a second time which motion prevailed.
By unanimous consent the follow1ng words were stricken from the amendment offered by the Committee on Rules to Rule No. 43, to-wit: "And no unanimous consents shall be allowable in regard to the commitment of such bills and resolutions."
The following bills were read the third time and put upon their passage, to-wit:

TuESDAY, .JuLY 20, 1909.

6il

By Messrs. Holder and Hardman, of ,Jackson, and Vinson, of Baldwin-
' f
A 'bill to provide for the registration of deaths in municipalities of this State.
The following amendments were adopted, to-wit:
To amend line 15, page 5, of printed bill, by striking words '~by families of deceased'' and inserting the words ''by the proper county authorities.''
To amend caption in line 1 and after word "of'' and before word "the" the words "births and" also to amend Section 1 after word ''all'' in line 2 the word ''birth,'' also Section 3, line 4 after word of by adding the word "births."
To amend by adding a new Section to be known as Section 9 and Section 8 to read as follows: "Section 8. All births in this State whether in private or public institution or in private practice or otherwise shall be certified to by the attending physician, midwife or either parent in case there is no attending physician or mid-wife. The blank certificates shall be furnished by the State Board of Health, to the mid-wives and local registrar. rrhe local registrar shall make records and return the same to the State Board of Health as provided by them. The certificate of registration shaH be turned over to the local registrar by the physician, and mid-wife or parent, after they are properly filled out within 30 days after

672

JouRNAL OF THE HousE.

the birth. The parties failing to comply with this requirement shall be guilty of a misdemeanor, anu. shall be fined not less than five dollars, nor more than ten dollars. The forms for registration shall be gotten out by the State Board of Health.
To amend Section 8 of the amendment by adding the following: "The State Board of Health shall issue certified copies of any returns of birth which certified copies shall be prima facie evidence of the facts therein set forth in all courts of this State."
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 84, nays 39.
The bill having failed to receive the requisite Constitutional majority waH lost.
Mr. Anderson, of Chatham, gave notice that at the proper time he would move to reconsider the action of the Honse in failing to pass the above bill.
Mr. Anderson, of Chatham, requested that House Bill No. 401 be recommitted to the Committee on Hygiene and Sanitation which request was granted.
On motion of Mr. Hall, of Bibb, House Bill No. 27 was recommitted to the Committee on Comtit:.~ tional Amendments.

TuESDAY, JuLY 20, 1909.

673

On motion of Mr. Reese, of Glynn, House Bill No. 29 was re-referred to the Committee on Game and Fish.

By Mr. Ellis, of Bibb-

A bill to regulate practice in cases of garnishment and to define the liabilities of the garnishee, and for other purposes.
The favorable report of the Committee was agreed to.
On motion of Mr. Barrett the above bill was tabled.
On motion of Mr. Hall, of Bibb, House Bill No. 32 was tabled.
On motion of Mr. Hall, of Bibb, House Bill No. 33 was tabled.
On motiqn of Mr. Hall, of Bibb, House Bill No. 36 was tabled.
Qn motion of Mr. Hall, of Bibb, House Bill No. 38, which was read the third time was tabled.
By Mr. Brown, of Carroll-
A bill to amend an Act to create the City Court of Carrollton.

22-h.!

674

JouRNAL OF THE HousE.

The favorable report of the Co~mittee was agreed to.

On the passage of the bill the ayes were 110,

nays 0.

'

The bill having received the requisite Constitutional majority was passed.

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

By Mr. Sheppard-
A resolution providing for a Committee whose duty it shall be to refer all new bills to proper Committees.
House Bill No. 60 :was re-referred to the Committee on Game and Fish by unanimous consent.
By unanimous consent House Bill No. 63 was rereferred to the Committee on Labor and Labor Statistics.
By Messrs. Lawrence, McCarthy and Anderso~, of Chatham-
A bill to amend an Act to increase the number of terms of the Superior Court of Chatham county.
The favorable report of the Committee was agreed to.

TuESDAY, JuLY 20, 1909.

675

On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent 200 copies of House Bill No. 22 were ordered printed for the use of the House.
The following resolution was read the second time and adopted, to-wit:

By Mr. McMahan-
A resolution providing for the visiting of the University and its branches by the Committee on State University, etc., during vacation.
House Bill No. 136 was read the third time and tabled by unanimous consent.
The hour of adjournment having arrived the following bills were read the second time, the session having been extended for that purpose, to-wit:

By Mr. Hall, of Bibb-
A bill to prohibit any railroad, express, telephone or telegraph company from extending any free service to public officers of this State.

676

JouRNAL OF THE HousE.

By Mr. Hall, of Bibb-
A bill to create a Board of Osteopathic Examiners for this State.
By Mr. Persons, of Monroe-
A bill to amend Article 7, Section 1 of the Constitution.
By Mr. PersonsA bill to amend Article 8, Section 1 of the Con-
stitution.
By Mr. Hall, of Bibb-
A bill to regulate pleadings in certain cases.
By Mr. Burch, of Laurens-
A bill to regulate the practice of optometry.
By Mr. Anderson, of ChathamA bill to authorize certain cities to establish, regu-
late, maintain and discontinu~ a system of drainage.
By Messrs. Tippins, Boyd, Macintyre, McMichael-
A bill to regulate running of automobiles on highways of this State.

TuESDAY, JuLY 20, 1909.

677

By Mr. Drawdy, of Clinch-
A bill to divide the Brunswick Judicial Circuits iuto two circuits.

By Messrs. Burch and Jones, of Laurens-
A bill to amend an Act to provide for the creation of Road Districts in Laurens county.

By Mr. Anderson, of Chatham-
A bill to grant authority to certain municipalities and authority over sanitation within the whole county.

By Mr. Anderson, of ChathamA bill to amend Section 346, Volume 1 of the Code.

By Mr. Anderson, of Chatham-
A bill to amend an Act to allow municipal authorities of certain cities to maintain a farm for misdemeanors convicted in police courts.
By Mr. Meadows, of Toombs-
A bill to provide for the working of the public roads and the building and repairing of bridges,
etc.

678

JouRNAL OF THE HousE.

By Mr. Alley, of White- .
A bill to amend an Act to provide against the evils resulting in the traffic in certain narcotic drugs.

By Mr. Berry, of Union-
A bill to amend an Act to incorporate the town of Blairsville.
By Mr. Gastley-
A bill to amend the Charter of the City of Clarkesville.
By Mr. BarrettA bill to extend the corporate limits of the town of
Martin.
By Mr. Allen, of Upson-
A bill to incorporate East Thomaston.
By Mr. Allen, of Upson-
A bill to repeal an Act to incorporate East Thomaston.
By Mr. McMichael, of ButtsA bill to create the office of Commissioner of Roads
and Revenues for Butts county.

TuESDAY, JuLY 20, 1909.

679

By Mr. McMichael, of Butts-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Butts county.

By Mr. Barrett, of Stephens-
A resolution providing for the visiting of convict camps.
The business for which the session was extended having been exhausted the Speaker announced the House adjourned until 10 o'clock tomorrow mornmg.

.680

JOURNAL oF THE HousE.

ATLANTA, GA.,
WEDNESDAY, JuLY, 21, 1909.
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 Chap!ain.
By unanimous consent the call of the roll was dispensed with.
The Journal of yesterday's proceedings was read and confirmed.
By unanimous consent the following bills were introduced and read the first time, to-wit:
By Mr. Peacock-
A bill to incorporate the town of Mitchells. Referred to Committee on Corporations.
By Mr. Moss, of Cobb-
A resolution to suspend compiling and printing Colonial and Revolutionary Records.
Referred to Committee on Corporations.

.WEDNESDAY, JULY 21, 1909.

681

By l\fr. McCutchen-

A bill to regulate the manner of selecting official county newspapers.
Referred to Committee on Public Printing.

By Mr. McMahan-

A bill to amend an Act to create a Charter for the City of Athens.
Referred to Committee on Corporations.

By Mr. Harrington, of Liberty-

A bill to change the time of holding the Superior Court of Liberty county.
Referred to Committee on Special Judiciary.

By Mr. Williams, of Madison-

A bill to create a Board of Commissioners of Roads and Revenues for the county of Madison.
Referred to Committee on Counties and County Matters.

682

JouRNAL OF THE HousE.

By Mr. MacFarland-

.A bill to provide a new Charter for the City of

Darien.



Referred to Committee on Special Judiciary.

By Mr. Brown, of HenryA resolution to pay John Smith $250. Referred to Committ~e on Special Judiciary.

By Mr. MacFarland-
A bill to create a system of public schools for the City of Darien.
Referred to Committee on I~ducation.

By Mr. Stubbs, of Thomas-
A resolution to place Mrs. Elizabeth Law on the Pension Roll.
Referred to Committee on Pensions.

By Mr. Anderson, of Bulloch-
A bill to require the proper county authorities, working convicts, to pay the fees of Solicitors-Gen-. eral.
Referred to Committee on Penitentiary.

WEDNESDAY, JuLY 21; 1909.

6~3

By Mr. Davis, of DoughertyA bill to amend Section 1910 of the Civil Code. Referred to Committee on Banks and Banking.

By Messrs. Kendrick, of Taliaferro, and Meadows, of Toombs-

A bill to propose an amendment to Paragraph 2, Section 1, Article II of the Constitution.
Referred to Committee on Amendments to Constitution.

By Mr. Kendrick, of Taliaferro-

A bill to amend Section 1120 of the Penal Code of 1895.
Referred to Committee on Special Judiciary.

By Mr. Meadows, of Telfair-

A bill to prohibit the sale of near beer in the county of Telfair.
Referred to Committee on Temperance.

684

JouRNAL oF THE HousE.

By Messrs. Miller, of Ware, and Boyd, of Spalding--
A bill to amend an Act to create an Agricultural Experiment Station.
Referred to Committee on General Agriculture.

By Messrs. Pierce and GarlingtonA bill to amend the Charter of the City of Augusta. Referred to Committee on Corporations.

By Messrs. Holtzclaw, Lewis, Baker, et. al.
A bill to amend an Act to increase the membership of the Railroad Commission.
Referred to Committee on Railroads.

By Mr. Faircloth-
A bill to prohibit ihe sale of near beer in Johnson county.
Referred to Committee on 'remperance.

By Mr. Miller, o Calhoun~
A bill to amend an Act to incorporate the .City of Edison.
Referred to Committee on Corporations.

WEDNESDAY, JuLY 21, 1909.

685

By :Messrs. W ohlwender and Slade--
A bill to amend an Act to create the City Court of Columbus.
Referr-ed to Committee on Special Judiciary.

By Messrs. Gillis and Hardeman-
A bill to propose an amendment to Paragraph 2, Section 1, Article II of the Constitution.
Referred to Committee on Constitutional Amendments.

By Mr. Reid, of Campbell-

A bill to levy and collect a tax for the support of

the State Government.



Referred to Committee on Ways and Means.

By Mr. Hardeman, of Jefferson-
A bill to abolish the systm of public schools in the town of Wrens.
Referred to Committee on Education.

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

686

JOURNAL OF THE HousE.

Mr. Speaker:
The S'enate has passed by the requisite Constitutional majority the following bills of the Senate, to-wit:
A bill to repeal Section 2185 of the Code of Georgia, relative to removal of a Railroad Commissioner.
Also,
A bill to amend an Act to conform the organization of the militia of this State.
Also,
A bill to repeal all laws now of force authorizing the issue of grants of lands under head rights.
By unanimous consent the following bill was read the third time and put upon its passage, to-wit:

By Mr. Ellison, of Harris-
A bill to repeal an Act to create the City Court of
liatnilton.
The favorable report of the Committee was agreed
to.
On the passage of the bill the ayes were 122, nays 0.

WEDNESDAY, JULY 21, 1909.

ti~/

The bill having received the requisite Constitutional majority was passed.
On motion of Mr. Reid, of Campbell, 300 copies of House Bill No. 417 were ordered printed for the use of the House.
On motion of Mr. Boyd, of Spalding, 300 copies of House Bill No. 7 was ordered printed for the use of the House and the same was tabled.
On motion of Mr. Lovejoy the House reconsidered its action in defeating House Bill No. 22 and the same was recommitted to the Committee on Hygiene and Sanitation.

Mr. Johnson, of Bartow, Chairman of the, Com, mittee on General Agriculture, submitted the follow-
ing report:

Mr .. Speaker:
Your Committee on General Agriculture having had under considera~ion House Bill No. 427, being a bill to protect live stock from all contagious and infectious diseases, etc., direct me as their Chairman to report the same back with a recommendation that the same do pass.
Respectfully submitted,
M. L. JOHNSON, Chairman.

688

,JouRNAl, OF THE HousE.

Mr. Reid, of Campbell, Chairman of the Committee on Ways and Means, submitted the following repor~:

Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bills of the House which they instruct me to report back to the House with the recommendation that the same do pass, towit:

By Messrs. Me~Vhorter, of Greene, and Reid, of Campbell-
No. 490. A bill to be entitled an Act to require all persons, firms and corporations manufacturing or selling in this State any imitation of or substitute for beer, ale, wine, whiskey, or other spirituous alcoholic or malt liquors; to prescribe the terms and conditions on which such licenses may issue and the amounts to be paid therefor; to prohibit the carrying on of any business for which such licenses is required without obtaining such license; to provide penalties for violation of this Act; to provi?e for the forfeiture of the licenses provided for in this Act when the same are used as a cloak for the violations of law, and to appropriate the money raised hereunder, and for other purposes.
By Mr. Reid, of Campbell-
No. 485. A bill to be entitled an Act to create in

WEDNESDAY, JULY 21, 1909.

6H9

this State the office of Corporation Clerk, to prescribe the duties of such officer, to fix his compensa. tion, and to provide therefor, and for other purposes.

They have also had under consideration the following bill of the House, which they instruct me as their Chairman to report the same back to the House with the recommendation that the same do pass, as amended, to-wit:

By Mr. Reid, of Campbell-
.
No. 417. A bill to be entitled an Act to annually levy and collect a tax for the support of the State govermnent and the public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers, and the widows of Confederate soldiers, such amounts as are allowed them by law; to pay the public debt when due; to prescribe what persons, corporations, professions and property are liable to taxation; to prescribe the methods of collection and of receiving said taxes; to prescribe the methods of ascertaining the property of the State subject to taxation; to prescribe ques tions to be propounded to tax payers, and to provide

690

JouRNAL OF THE HousE.

penalties for violations thereof, and for other purposes.
Respectfully submitted,
C. S. REID, Chairman.

Mr. Allen, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker:
Your Committee on Public Library has had under consideration the following House bills, and instruct me to report that the same do not pass, to-wit: Nos. 32 and 308.
They further instruct me to report that House Bill No. 375 do pass, as amended. Also, House Bill No. 31 do pass as amended.
ALr,EN, Chairman.
Mr. Persons, Chairman of the Committee on Amendments to Constitution, submitted the follow.ing report :
Mr. Speaker:
Committee on Constitutional Amendments having had under consideration the following House bills, have instructed me to make the following report:

WEDNESDAY, JuLY 21, 1909.

691

House Bill No. 4 do pass, as amended. House Bill No. 20 do pass by substitute.

House Bill No. 27 do not pass.

July 21st, 1909.

PERSONs, Chairman.

Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills, and instruct me as their Chairman to report them back witl! recommendations as follows:
House Bill No. 90 do pass, as amended. House Bill No. 91 do pass, as amended. House Bill No. 49 do pass. House Bill No. 54 do pass, as amended. House Bill No. 477 do pass.
House Bill No. 81 do not pass.

692

JOURNAL OF THE HousE.

House Bill No. 458 do not pass. House Bill No. 518 do not pass. Senate Bill No. 1~ do pass. Senate Bill No. 41 do pass.
' Respectfully submitted,
FuLLBRIGHT, Chairman.

Mr. Kirby, Vice-Chariman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
The Committee on Corporations. has had under consideration the following bills of the House, and request me as their Chairman to report the same back with the following recommendations:
House Bill No. 207 do pass.
House Bill No. 208 do pass.
House Bill N~o. 233 do pass.
House Bill No. 271 do pass.
House Bill No. 367 do pass.

WEDNESDAY, JuLY 21, 1909.

ml~~

House Bill No. 376 do pass. House Bill No. 466 do pass.
T. T. KIRBY, Vice-Chairman.

rl'he following bills were read the second time, towit:
By Messrs. McWhorter, Greene and Reid-
A bill to require all persons and manufacturers selling or manufacturing near beer or imitations to secure license.
By Mr. Rosser-
A bill to amend the Charter of LaFayette.
By Mr. Reid, o Campbell-
A bill to create the office of Corporation Clerk.
By Messrs. Anderson and Simmons-
A bill to amend an Act to create the City Court of Statesboro.

694

JouRNAL OF THE HousE.

By Mr. McElreath-

A bill to authorize the State Librarian to re-print Georgia Reports.

By Mr. Harrington, of Liberty-

A resolution providing that the State Librarian furnish Georgia Reports to Ordinary of Liberty County.

By Messrs. Tippins and Macintyre-

~bill to amend Constitution so as to limit appeals.
By Mr. Brown, of Murray-
A bill to establish a new Charter for the town of Eton.
By Mr. Brown, of MurrayA bill to establish a new Charter for the town of
Tennga.
By Mr. Marshall, of Terrell-
A bill to amend the Charter of the town of Brownwood.



WEDNESDAY, JULY 21, 1909.

695

By Messrs. Brinson and Parker-

A bill to amend an Act to incorporate the town of Brinson.

By Mr. Faircloth- .

A bill to amend an Act repealing an Act to incorporate the town of Wrightsville.

By Mr. Storey, of Early-

A bill to wind up the affairs of the dispensary of Blakely.

By Messrs. Parker and Brinson-
A bill to prevent the removal of personal property from the county of the vendee, etc.

By Messrs. Brinson and Parker-

A bill to amend Section 671, Volume 3, of the Code.

By Messrs. McMichael and Butts-

A bill to re-convey certain grounds to the City of Griffin.

696

,JOURNAL OF THJo: HousE.

I
By Mr. Faircloth-

A bill to amend an Act to create the City Court of Wrightsville.
The following Senat~ bills were read the first time, to-wit:

By Mr. Irwin, of 11th District-

A bill to incorporate the City of Dawson. Referred to Committee on Corporations.

By Mr. Akin, of 4th District-

A bill to repeal all laws authorizing the issuing of grants to land under head rights.
Referred to Committee on Special Judiciary.

By Mr. McCurry, of 31st District-

A bill to amend an Act to conform the organization and discipline of the organized militia of this State.
Referred to Committee on Military Affairs.

WEDNESDAY, .JuLY 21, 1909.

691

By Mr. Irwin, of 11th District-

A bill to repeal Section_ 2185 of the Code of 18H5. Referred to Committee c:m Railroads.

By Mr. McCurry, of 31st District-
A resolution providing that officers of the National Guard of this State be permitted to count service performed in other States towards retirement in this State.
Referred to Committee on Military Affairs.

By Mr. Mathews, of 23rd District-
A resolution providing for a joint Committee on tax returns and valuations.
Referred to Committee on Ways and Means.

The following resolution was read and adopted, to-wit:
By Mr. Boyd-
A resolution congratulating Hon. Ed. Wohlwencler on the birth of a son.

698

JouRNAL OF THE Hou'sE.

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

By Mr. Alexander, of Fulton-
A bill to protect bottlers and manufacturers of soda water, &c., from losing their bottles.
The substitute offered by the Committee was lost.
The report of the Committee which was favorable to the passage of the bill, was disagreed to and the bill lost.

By Messrs. Vinson, Littleton, Pierce, Garlington and Fields-
A bill to amend Paragraph 1, Section 7, ArtiCle 7 of the Constitution, and for other purposes.
The following substitute, proposed by the Committee, was adopted, to-wit:
A bill to be entitled ''An Act to amend Paragraph 1 of Section 7 of Article 7 of the Constitution of this State, so as to provide for allowing the City Council of Augusta, which owns both a power-producing canal and water works, to increase its bonded indeb~edness beyond the amount now allowed under said paragraph, under certain circumstances, for the' purpose of flood protection.",

WEDNESDAY, JULY 21, 1909.

699

SEcTION 1. Be it enacted by the General Asesmbly of the State of Georgia, and it is hereby enacted by the authority of the same, That Paragraph one of Section seven of Article seven of the Constitution of this State is hereby amended by adding at the end of said paragraph the following words:
''Except that the City Council of Augusta, from time to time, as necessary, for the purpose of protection a.gainst floods, may incur a bonded indebtedness upon its power-producing canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties; the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such Oity, at an election or elections for tha.t purpose, to be held as may be now, or may hereafter, prescribed by law for the incurring of new debts by said the City Council of Augusta."
So that said paragraph, when amended, shall read as follows:
''PARAGRAPH 1. The debt pereafter incurred by any County, municipal corporation or other political

700

JOURNAL OF TB:E HousE.

division of this State, except as in this Constitution provided for, shall not exceed seven per centum of tlie . assessed value of all the taxable property therein, and no such County, municipality or division shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assess~d value of taxable property therein, without the assent of two-thirds of the qualified voters thereof, at an election for that purpose; to be held as may be prescribed by law; but any City, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution, may be authorized by law to increase, at any time, the amount of said debt, three per centum upon such assessed valuation; except that the City Council of Augusta, from time to time, as necessary, for the purpose of protection against floods, may incur a bonded indebtedness upon its power-producing canal and municipal waterworks, i~ addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties; the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two- thirds of the qualified voters of such City, at an

WEDNESDAY, JuLY 21, 1909.

701

election or elections for that purpose to be held as may be now, or may be hereafter, prescribed by law for the incurring of new debts by said the City .Council of Augusta.''
SEc. 2. Be it further enacted, by the authority 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 the~r Journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election.
SEc. 3. Be it further enacted, by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at tbe 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 vote for mE:mbers of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words "For amendment allowing City of Augusta to increase its bonded indebtedness for flood protection," and all

702

JouRNAL OF THE HousE.

persons opposed to the adoption of the amendment shall have written or printed on their ballots the words ''Against amendment allowing City of Augusta to increase its bonded indebtedness for flood protect! on.''
SEc. 4. Be it further enacted, by the authority aforesaid, That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first Section of this Act to a vote of the people as required by the Constitution of this State in Paragraph one of Section one of Artiele thirteen, and by this Act, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of the 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 results,. issue his proclamation for one insertion in one of the daily papers of tliis State, announcing such result ana declaring the amendment ratified.
SEc. 5. Be it further enacted, by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same ar~, hereby repealed.
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 a ballot viva voce was taken and the vote was as follows:

WEDNESDAY, JuLY 21, 1909.

7U3

Those voting m the affirmative were Messrs.:

Adams

Culberson

Alexander of Fulton Cureton

Allen

Danie!

Alley

Dickson

Anderson of Bulloch Drawdy

Anderson of Chatham Edmondson

Armistead

Elder

Atherton

Ellison

Atkinson

English

Ault

Evans

Barksdale

Faircloth

Bagley

Fender

Bailey

Ford

Baker

Fullbright

Barrett

Garlington

Beacham

Gastley

Beasley

Gillis

Bell

Grad dick

Berry

Griffin of Twiggs

Booker

Guyton

Brinson of Decatur Hardeman of .Jeffs'n

Brinson of Emanuel Harrington

Brown of Carroll

Harvey

Brown of Fulton

Hatfield

Brown of Henry

Heard

Brown of Murray Helms

Burch

Henderson of Irwin

Butt

Henderson of Turner

Buxton

Hendricks

Calbeck

Hill

Cannon

Holder of Floyd

Carswell

Holtzclaw

Carter

Howell

Chandler

Hubbard

Childs

Hullender

Converse

Huie

Cooke

.Tohnson of Bartow

Cordell

Joiner

Couch

Jones of Laurens

Cowan

.Tones of Mitchell

Keitli Kelley Kendrick Kicklighter Kidd Kirby Lewis Littleton Lord Lovejoy Meadows of 'relfair Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce Pope Porter

704

,JouRNAL oF THE HousE.

Price Proctor Reaves Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Rentz Rogers Sheppard Shirley Simmons

Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Strong Tippins Tuggle r.rurner Turnipseed Upshaw \'in son Waddell

Walters Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart

Those voting m the negative were Messrs:

Hall

Tarver

Those not voting were Messrs:

Alexander of DeKalb Hardman of Jackson Roberts

Boyd

Johnson of Jeff Davis Rosser

Davis

,Tohnson of Towns Stovall

Edwards

.Tones of Meriwether Stubbs

Ellis

Kennedy

Tracey

Field of DeKalb

Lawrence

Wasden

Fields of Crisp

Marshall

Mr. Speaker

Godley

Meadows of Toombs

Griffin of Sumter McMichael of Marion

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

On the passage of the bill the ayes were 157, nays::!.
The bill having received the requisite Com;titutional majority, was passed by substitute.

WEDNESDAY, JuLY 21, 1909.

705

Upon request of the author, House Bill No. 52 was taken from the table and placed on the Calendar.

By Mr. Hall, of Bibb---

A bill to prohibit any railroad, express, telegraph or telephone company from extending to any public official of this State or of the United States any service, and for other purposes.
Before the above bill could be disposed of, the hour of adjournment arrived, and the same was carried over as unfinished business.
The Speaker announced the House adjourned until 10 o'clock tomorrow morning.

706

.JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
THURSDAY, July 22, 1909.
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. William
. Dunbar, of Atlanta.
By unanimous consent the roll call and the reading of the Journal of. yesterday's proceedings was dispensed with.
By unanimous consent the following bills were read the first time, to-wit:
By Mr. Harvey, of Wilcox-
A bill to amend Section 1777, Volume 1, of the Code of 1895.
Referred to Committee on General Judiciary.
By Mr. Evans, of Bibb-
A resolution to pay pension to widow of G. "\V. Hendricks.
Referred to Committee on Pensions.

THURSD~Y, JuLY 22, 1909.

707

By Mr. Edmonson-

A bill to amend Section 982, Volume 1, of the Code of 1895.
Referred to Committee on Banks and Banking.

By Mr. Turner-

A bill to amend Section 2059, Volume 2, of the Code of 1895.
Referred to Committee on Ways and Means.

By Messrs. Hardman and Holder-

A bill to amend "the Charter of the town of Maysville.
Referred to Committee on Corporations.

By Messrs. Heard and Beacham-

A bill to amend an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Dooly County.
Referred to Committee on Privileges and Elections.

708

JOURNAL OF THE HousE.

By Mr. Barrett, of Stephens-

A bill ~o create a system of Public Schools in. the town of Martin.

Referred

to

Committee .

o. n

Special .

Judiciary.

By Mr. Cureton, of Dade-

A bill to repeal an Act to amend an Act to regulate
the running of f~eight. trains on Sunday.;... ' .
Referred to Committee on Railroads. By Mr. Alexander, of Fulton-
A resolution to pay claim of Mitcheli Vance Co. Referred to. Committee on Appropriations. By Mr. Alexander, of DeKalb-
. A biH to prohibit the sale of alcoholic beverages. Referred to Committee on Temperance.
By Mr. Miller, of Ware-

A bill to create a new Charter for the City of Waycross.
Referred to Committee on Corporations.

T:HuRSDAY, JuLY 22, 1909.

709

By Mr. Paulk, of Berrien-
A bill to amend an Act to create the City Court of Nashville.
Referred to Committee on Special Judiciary.

By Mr. Hall, of Bibb-

A resolution to authorize the Gov~rnor to draw his warrant in favor of J. Pope Brown, State Treasurer, for the sum of $4,000.
Referred to Committee on Appropriations.
By Messrs. Anderson, of ~ulloch, and Sim~ons (by request)-

A bill to propose an amendment to Paragraph 2, Section 1, Article II, of the Constitution.
Referred to Committee on Amendments to Constitution.

By Mr. Paulk, of Berrin-

A bill to amend an Act to incorporate the town of Sparks.
Referred to Committee on Corporations.

710

JOURNAL oF THE HousE.

By Mr. Alexander, of Fulton-
A resolution to empower the State Librarian to offer ten per cent. discount to certain book dealers.
Referred to Committee on Library.

By Mr. McWhorter, of Greene-

A bill to provide for the discovery on oath from pers.ons supposed to be eognizant of. the unlawful furnishing of cigarettes, &c., to minors.
Referred to Committee on Temperance.
House Bill No. 496 was taken from the Special and re-referred to the General Agricultural Committee.
Upon the suggestion of_ the Committee House Bill No. 180 was taken from the General Judiciary and referred to the Com.mittee on Appropriations.
Upon request of the author, House Bill No. 298 was withdrawn.
House Resolution No. 57 was taken from the Committee on Military Affairs and re-referred to the Committee on Appropriations.
Ey unanimous consent the session was extended thirty minutes for the purpose of reading the third time City Court bills and local bills.

THURSDAY, JuLY 22, 1909.

711

Leave of absence was granted theW. &.A. R. R. Committee for the purpose of making an inspection of the State's property on next. Saturday.
Upon request of the author, House Bill No: 155
was re-committed.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite C<;mstitutional majority, the following bills of the Senate, towit:
A bill to amend Section 377, Volume 3, of the Code which defines bigamy.
A bill to change the time of holding the .Spring term of Superior Court of Pickens County.
A bill to require assess~ent insurance companies to submit, upon the notice of death of insured, the number of parties composing the division.
Mr. White, Chairman of the Committee on Pensions, submitted the following report:
'.
Report of Committee on Pensions:

712

JoURNAL OF THE HousE.

Mr. Speaker:
Your Committee on Pensions have had for their consideration the following bills and resolutions, and recommend they. do .pass:
House Resolutions No. 84, No. 61, No. 64, No. 59, No. 74,
House Resolutions No. 77, No. 78, No. 79, 'No. 23, ! No. 47, No. 45.
The following do not pass:
House Resolutions No. 58, No. 65, No. 60.
Respectfully submitted,
H. S. WHITE, Chairman.

Mr. Rogers, of Randolph, Vice-Chairman of Com-

mittee on Hygien~ and Sanitation, submitted the fol-.

lowing report:

.



.

Your Committee on Hygiene and Sanitation have had under consideration the following bill of the House and instruct me as their Vice-Chairman to report same back to the House with the recommendation that same do pass as amended, to-wit:

THURSDAY, JuLY 22, 1909~

713

A bill to provide for the registration of deaths in this State.
Respectfully submi~ted,. .
W. T. RoGERs, Vice-Chairman.

Mr. Hall, Chairman of Committee on General Judi-

ciary, submitt~d the following report:



Mr. Speaker:

Your Committee on General Judiciary having had under consideration the following bills of the House and instruct me, as their Chairman, to report same back to the House. with the recommendation that same do pass, to-wit:

A bill to fix salary of stenographer to the AttorneyG-eneral.

A bill to amend Section 3828, Code 1895, relative to recovery for homicide.

A bill to amend Section 5404, Code 1895, fixing fees of Constables.
A bill to prohibit the publi~hing the' accounts of rape and attempts to rape in newspapers, &c,

Also,

.~ ~ !. - - __ _;

714

JOURNAL OF THE HousE.

The following bill of the House with the recommendation that same do pass by substitute, to-wit:
A bill relating to the liability of common carriers by railroads. to their employees in certain cases.
Also,
The following bill of the House with the recommendation that same do pass as amended, to-wit:
A bill to amend Section 5261, Code 1895, providing for payment of witness fees in Clinch County.
Also,
The following bill of the House with the recomdation that same do not pass, to-wit:
A bill to amend Section 2321, Code 1895, relative to damage or injury done by railroads.
Also,
The following bill of 'the House with the recommendation that same be taken from this Committee and ~e referred to Committee on Appropriations, towit:
A bill requiring State to furnish Justices of the Peace, &c., certain form books.
Respectfully submitted,
J. H. HALL, Chairman.

THURSDAY, JuLY 22, 1909.

715

Mr. Guyton, Chairman of Committee on Military Affairs, submitted the follc;rwing report:

Mr. Speaker:
Your Committee on Military Affairs h:ving had
'to under consideration House Resolution No. 57, directs
me as their Chairman to report same back the House with the recommendation that same be recommitted to the Committee on Appropriations.:
GuYTON, Chairman,
Committee on Military Affai'rs.

Mr. Macintyre, Chairman of the Committe.e on

Counties and County Matters, submitted the follow-

ing report:



Mr. Speaker:
Your Committee on Counties and County Matt~rs make report on following House bills, to-wit:
That Nos. 48, 105, 515; 516, 525 and 547 do pass: That No. 343 do pass, as amended.
Respectfully submitted, MAciNTYRE, Chairman.

716

Jo~~NAL OF THE HousE. '

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

The Corporations Committee has had under con-
sideration the following Hou~e bills, and request me as their. Chairmim to report. the sa~e back to the
House with the recommendation that they do pass:

House Bill No. 469.

Ho1,1se Bill No. 507.

House Bill No. 488.

House Bill No. 491.

House Bill No. 356.

House Bill No. 155.

House Bill No. 347.

.

.

House Bill No. 474.

House Bill No. 437.

House Bill No. 446.

House Bill No. 462.

House Bill No. 468.
....... ... - .... ~'--- '_, __ '

BuTT, Chairman

THURSDAY, JuLY 22, 1909.

717

Mr. Johnson, of Bartow, Chairman of the Committee on General Agriculture, submitted the following report:

Mr. Speaker:
\
Your Committee on General Agriculture have had under consideration the following House Bills and have instructed me as their Chairman to report the same back with recommendation that same do not pass:
House Bill No. 247. .A bill entitled an Act to amend an Act regulating the sale, registration, inspection of commercial fertilizers and fertilizer materials, and for other purposes.
House Bill No. 305. A bill entitled an Act to prevent dogs from running at large, and provide for their killing, and for other purposes.
Also,
House Bill No. 298, that same be allowed to be
withdrawn.
House Bill No. 298. A bill entitled -an Act to protect persons and property from rabid and stray dogs, and for other purposes.
JoHNSON, of Bartow, Chairman.

718

JouRNAL OF THE HousE.

. Mr. Hill, Vice-Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education having had 'under consideration the following bills, instruct me as their Chairman to report that Senate Bill No. 2 do pass as amended. House Bill No. 391 do not pass.
The following House bills were tabled:
Nos. 379, 224, 279, 323, 280, 461 and 29.
Resp~ctfully submitted,
B. F. HrLL, Vice-Chairman.

Mr. Rogers, Vice-Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Committee on Hygiene and Sanitation have had under consideration the following House bills with the following recommendations, viz. ~
We recommend that House Bill No. 169 do pass.
We recommend that House Bill No. 320 do pass.
We recommend that House Bill No. 293 do riot pass.
RoGERS, Vice-Chairman.

THURSDAY, JULY 22, 1909.

719

Mr. Heard, Chairman of the Committee on Bimks and Banking, _submitted the following report:

Mr. Speaker:
Your Committee on Banks and Banking have had under consideration House Bills Nos. 175 and 404, and have instructed me as their Chairman to report same back with the recommendation that No. 175 do pass.
No. 404 do pass as amended.
HEARD, Chairman.

The following bills were read a second time, towit:
By Messrs. Moss and DanielA bill to authorize the town of Roswell to issue
bonds for school purposes.
By Mr. ArmisteadA resolution to pay pension to Mrs. M. J. McCar-
thy.
By Messrs. Hardman and HolderA bill to incorporate the town of Arcade.

720

JouRNAL OF THE HousE.

By Mr. Field,, of DeKalb-
A bill to amend an Act to amend and consolidate the laws to incorporate the town of Lithonia.

By Mr. Stovall-
A bill to prohibit the publishing,&c., of the name of any person on whom the crime of rape has been committed.

By Mr. Davis, of Dougherty-
A bill to amend an Act to create a Bank Bureau in the Treasury Department.

By Mr. EdmondsonA bill to incorporate the City of Summerville.

By Messrs. McCarthy and Anderson-
A bill to authorize the authorities of certain Cities to raise by taxation money to pay for material used in construction of school buildings.

By Mr. Walters-
A bill to amend an Act to create a Board of Commissioners for the County of Colquitt.

THURSDAY, JULY 22, 1909.

721

By Mr. Roberts, of Dodge-

A bill to amend an Act to incorporate the City of Eastman.

By Mr. White, of Screven-

A bill to amend Section 5404 of the Code of 1895.

By Mr. Redding, of Pike-

A resolution to pay Mrs. Mollie Beckham a pensiOn.

By Messrs. Heard and Beacham-

A bill to amend an Act to create the City Court of Vienna.

By Mr. Walters, of ColquittA bill to amend school laws of the City of Moultrie.

By Messrs. Heard and Beacham-
A bill to require the Commissioner of Roads and Revenues of Dooly County to work the public roads within municipalities.

722

JouRNAL oF THE HousE.

By Messrs. White, of Screven, and Johnson, of Bartow-
A bill relating to the liability of common carriers by railroads to their employees.

By Mr. Williams, of Madison-
A bill to create a Board of Commissioners of Roads and Revenues for the County of Madison.

By Mr. UpshawA bill to pay pension to the widow of Ben Watkins.

By Messrs. Kirby and CouchA resolution to pay pension to Mrs. Sarah Rigsby.

By Mr. McCurryA resolu_tion to pay J. J. Rucker a pension.

By Mr. EdmondsonA resolution to pay Mrs. Eliza Lee a pension.

By Mr. McElreathA resolution to pay Adrian V. Toole a pension.

THURSDAY, JULY 22, 1909. By Messrs. McElreathand Calbeck-
A resolution to pay Mrs. M. T. Morris a pension. By Mr. Helms-
A resolution to pay pension to Mrs. F. E. Morgan. By Mr. Armistead-
A resolution to pay Mrs. M. J. Martin a pension. By Messrs. Heard and Beacham-
A bill to amend an Act incorporating the town of Unadilla. By Mr. Guyton-
A resolution to pay Mrs. Susan P. Ford a pension. By Mr. McElreath-
A bill to incorporate the City of Hapeville. By Mr. Drawdy-
A bill to amend Section 5261, Volume 2, of the Code.

724

JouRNAL OF THE HousE.

By Mr. Jones, of Mitchell-

A bill to repeal an Act to incorporate the town of Maples.

By Mr. Evans, of Bibb-

A bill to authorize the authorities of Bibb Com1ty to pay certain attorneys' fees.

By Mr. Tarver-

A bill to amend Section 3828 of the Code of 1895.

By Mr. Reid, of Campbell--

A bill to fix the salary of the stenographer in office of Attorney-General.

By Messrs. Adams, Carter, Hardeman, Holder and Wood-

A bill to amend an Act to create the Charter of Gillsville.
By Mr. Atkinson, of Morgan-

A bill to incoroprate the town of Swords.

THuRSDAY, JuLY 22, 1909.

725

By Mr. Faircloth-
A bill to prescribe the duties of the Ordinary of J olmson County.

By Mr. Anderson, of Chatham
A bill to authorize certain Cities to establish sanitariums for tuberculosis.

By Mr. Ellison, of Harris- .
A bill to amend Section 982, Volume 1, of theCode of 1895.

By Mr. Reese, of Glynn-
A bill to amend the laws regulating the practice of dentistry.
.. By Mr. Meadows, of Telfair-
A bill to create a new Charter for the City of McRae.

By Messrs. .Johnson, of Bartow, and Reid, of Putnam-
A bill to protect live stock from contagious diseases.

726

JOURNAL oF THE HousF~.

Mr. Stubbs, 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, towit:
A resolution to authorize the Treasurer of this State to sign his name to certain bonds issued by the State.
A resolution authorizing the Governor to borrow money to supply casual deficiencies in the revenues.
An Act to provide compensation for. the Commissioners of Roads and Revenues of Gordon County for services rendered on other than regular monthly court days.
An Act to re-arrange the Ocmulgee and Northern Judicial Circuits by taking from the Northern Circuit the county of Hancock and adding said county to the Ocmulgee Circu~t, and for other purposes.
. An Act to repeal an Act entitled "An Act to establish the City Court of Dalton, to define its jurisdiction and powers, etc.,'' and to abolish the City

THURSDAY, JULY .22; 1909.

727

Court of Dalton, to provide for the disposition of all books, papers, etc., and for other purposes.
An Act to amend an Act approved August 21st, 1906, entitled ''An Act to create a City Court in and for the County of Calhoun; to define .its powers, jurisdiction, procedure and practice, to provide for a Judge, and for other purposes.
. Respectfully submitted,
J. B. STUBBS,, Chairman.

Under the head of unfinished business, the following bill was again taken up and put upon its passage, tO-wit:
By Mr. Hall, of Bibb-
A bill to prohibit any railroad, express, telegraph or telephone company from granting any favor or service to any officer of this State or of the United States, &c.
Mr. Macintyre, of Thomas, offered the following substitute:
Mr. Macintyre, of Thomas, moved to amend House Bill No. 43 by offering the following substitute by striking out all words after the caption and define the repealing clause and inserting in lieu thereof the following:

728

JouRNAL.OF THE HousE.

SEcTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, no common carrier within this State shall issue or give any free ticket, free pass or free trangportation for intra-state passengers 'except to its employees and their families, its officers, agents, sul.lgeons, physicians and attorneys at law, to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons and to such persons when transported by charitable societies and hospitals and the necessary agents employed in such transportation, to the inmates of National and State homes for disabled soldiers, including those about to enter and those returning therefrom after discharge, and boards of managers of such homes, to necessary care-takers of live stock, poultry and friut, to employees on sleeping cars, express cars, and to linemen and employees of telegraph and telephone companies, to railway mail service employees, post office inspectors, custom inspectors and immigration inspectors, to news boys. on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks, and physicians and nurses attending such persons : Provided, this Act shall not be construed to prohibit the interchange of passes for the officers, agents and employees of common carrier.s. and their families, nor to prohibit any common carrier from

THURSDAY, JuLY 22, 1909.

729

carrying passengers free with the object of providing relief in cases of general epidemics, pestilence or other cala~nities visitation.
Any common carrier violating the provision of this Act shall be guilty of a misdemeanor, and shall be punished as is provided in Section 1039 of the Code of 1895, and any person other than the persons excepted in this Act, who shall use any such free ticket, free pass, or free transportation, shall also be guilty of a misdemeanor and shall be punished as IS prescribed in Section 1039 of the Code of 1895.
SEc. 2. Repealing clause.
On the adoption of the substitute the ayes and miys were ordered, and the vote was as follows :

Those voting m the affirmative were Messrs:

Alexander of DeKalb Cooke

Alexander of Fulton Daniel

Atkinson

.Johnson of Bartow

Berry

Kidd

Brown of Carroll

Lovejoy

Calbeck

Meadows of Toombs

Cannon

Milikin

Carswell

MacFarland

Chandler

Macintyre

McCrory Porter Reese Stubbs Tuggle Walters White of Screven Wohlwender

Those voting m the negative were Messrs:

Adams Allen Alley

Anderson of BHlloch Atherton

Anderson of Chatham Ault

Armistead

Barksdale

730

JOURNAL oF THE HousE.

Baker Barrett Bell Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Fulton Brown of Henry Brown of Murray Burch Butt Buxton Carter Childs Cordell Couch Cowan ,Culberson Davis Dickson Drawdy Edmondson Ellis English Evans Faircloth Fender Field of DeKalb Ford Fullbright Garlington Gastley Gillis Graddick Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n Hardman of Jackson

Harrington

Oliver

Harvey

Parker of Decatur

Hatfield

Parker of Talbot

Heard

Paulk

Helms

Peacock

Henderson of Turner Persons

Hendricks

Pierce

Hill

Pope

Holder qf Floyd

Price

Holtzclaw

Proctor

Hullender'

Reaves

Huie

Redding

Johnson of Jeff Davis Reid of Campbell

Joiner

Reid of Macon

Jones of Laurens Reid of Putnam

Jones of Mitchell Rentz

Keith

Roberts

Kelley

Rogers

Kendrick

Sheppard

Kicklighter

Shirley

Kirby

Simmons

Lawrence

Slade

Lewis

Smith of Gilmer

Littleton

Smith of Tattnall

Lord

Smith of Walton

Meadows of Telfair Stovall

Middlebrooks

Tarver

Miller of Ware

Tippins

Minter

Turner

Moore

Turnipseed

Moss

Upshaw

McArthur

Vinson

McCarthy

Watkins

McConnell

Wight of Grady

McCurry

Wood

McCutcl.en

Woodlift'

McElreath

Wright of Floyd

McMahan

Wright of Stewart

McMichael of Butts

McWhorter

THURSDAY, JULY 22, 1909.

731

Those not voting were Messrs:

Bagley Bailey Beacham Beasley Converse Cureton Edwards Elder Ellison J<'lelds of Crisp Godley

Griffin of Sumter Henderson of Irwin Howell Hubbard Johnson of Towns Jones of Meriwether Kennedy Marshall Miller of Calhoun Mitchell McMichael of Marion

Rosser Simpson Strong Tracey Waddell Wasden Whiteley Williams Mr. Speaker

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

On the adoption of the substitute the ayes were 2fi, nays 127. The substitute was therefore lost.

On agreeing to the report of the Committee, Mr. Hall called for the ayes and nays, which call waH sustained, and the vote was as follows :

Those voting in the affirmtaive were Messrs:

Allen Anderson of Bulloch Ault Barksdale Bagley Bailey Booker Boyd Brinson of Decatur Burch Butt Buxton

Daniel Edwards Elder Ellis Evans Faircloth Field of DeKalb Fullbright Garlington Griffin of Twiggs Guyton Hall

Hardman of Jackson Harrington Heard Hill Holder of Floyd Howell Hubbard Keith Lawrence Lewis Meadows of Telfah Middlebrooks

732

JOURNAL OF THE HousE.

Miller of Calhoun Milikin McCarthy McMichael of Butts Oliver Parker of Decatur Parker of Talbot

Peacock Persons Reid of Campbell Rentz Roberts Smith of Walton Strong

Tarver Turnipseed Upshaw Vinson Whiteley Wood

Those voting m the negative were Messrs:

Adams

Edmondson

Macintyre

Alexander of DeKalb English

McConnell

Alexander of Fulton Ford

McCrory

Alley

Gastley

McCurry

Anderson of Chatham Graddick

McCutchen

Armistead

Hardeman of Jeffs 'n M<,JElreath

Atherton

Harvey

McMahan

Atkinson

Hatfield

McWLorter

Baker

Helms

Paulk

Barrett

Henderson of Turne.r Pierce

Beasley

Hendricks

Pope

Bell

Holtzclaw

Porter

Berry

Hullender

Price

Brinson of Emanuel Huie

Proctor

Brown of Carroll

,Johnson of Bartow Reaves

Brown of Fulton

Johnson of Jeff Davis Redding

Brown of Henry

Joiner

Reese

Brown of Murray Jones of Laurens Reid of Putnam

Cal beck

Jones of Mitchell

Rogers

Carswell

Kendrick

E>beppard

Carter

Kicklighter

Shirley

Chandler

Kidd

Simmons

Childs

Kirby

Slade

Converse

Littleton

Smith of Gilmer

Cooke

Lord

Smith of Tattnall

Cordell

Lovejoy

Stovall

Couch

Meadows of Toombs Tippins

Cowan

Miller of Ware

Tuggle

Culberson

Minter

Turner

Davis

Moore

Waddell

Dickson

Moss

Walters

Drawdy

MacFarland

Watkins

THURSDAY, JULY 22, 1909.

733

White of Screven Wight of Grady
William~

Wohlwender Woodliff Wright of Floyd

Wright of Stewart

Those not voting were Messrs:

Beacham Cannon Cureton Ellison Fender Fields of Crisp Gillis Godley Griffin of Sumter

Henderson of Irwin Johnson of Towns Jones of Meriwether Kelley Kennedy Marshall Mitchell McArthur McMichael of Marion

Reid of Macon Rosser Simpson Stubbs Tracey Wasden Mr. Speaker

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

On agreeing to the report of the Committee the ayes were 56, nays 103.

The report of the Committee was therefore di3agreed to and the bill lost.

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

By Mr. Reid; of.Campbell-
A bill to levy and collect a tax for the support of the State government and State institutions, &c.
Pending the reading of the above bill, Mr. Barrett moved that when the House adjourn, it adjourn to meet again at 9 o'clock tomorrow morning.

734

JouRNAL OF THE HousE.

Before the above motion could be acted upon, the hour of adjournment ~rrived.
The following bills were read the third time and put upon their passage, the session having been extended for that purpose, to-wit:

By Mr. McMichael, of Butts-
A bill to create the office of Commissioner of Roads and, Revenues for Butts County.
The favorable report of the Committee was agreed to.
Un the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Allen, of Upson-
A bill to incorporate the village of East Th_omaston.
The favorable report of the Committee was disagreed to.
On the passage of the bill the ayes we:re 115, nays 0.

THURSDAY, ~JULY 22, 1909.

735

The bill having received the requisite Constitu:ional majority, was passed.

By Mr. Allen, of Upson-
A bill to repeal an Act to incorporate the village of East Thomaston.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Storey, of Early-
A bill to wind up the affairs of the dispensary in Blakely.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 105, nays 0.
The bill having received the requisite Constitutional majority, was passed.

736

JouRNAL' OF THE HousE.

By Mr. Gastley, of Habersham-

A bill to amend the Charter of the City of Clarkesville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Faircloth-
A bill to amend an Act to create the City Court of Wrightsville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102; nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Barrett, of Stephens-
A bill to -extend the corporate limits of the town of Martin.

THURSDAY, JULY 22, 1909.

737

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 105, nays 0.
The bill having received the requisite Constitu. tional majority, was passed.

By Mr. Meadows, of Toombs-

A bill to amend an Act to provide for the working of the public roads, bridges, &c., in the County of Toombs.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 98, nays 0.
The bill having received the requisite Coilstitu. tional majority, was passed.

By Mr. Berry, of Union-
.A bill to amend an Act to incorporate the town of Blairsville.
The report of the Committee was agreed to.
On the passage of the bill the ayes were 103, nays 0.

738

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority, was passed.

By Mr. Henderson, of Turner-

. A bill to abolish the City Court of Ashburn.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 99, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Brown, of Murray-

A bill to create a new Charter for the town of Eton.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional 'majority, was passed.

THURSDAY, JULY 22, 1909.

739

By Mr. l!,ord, of Worth-
A bill to amend an Act to create the City Court of Sylvester.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Brown, of Murray-
A bill to create a new Charter for the tQwn of Tennga.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 101, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Burch and Jones, of Laurens-
A bill to amend an Act to create eight road districts in the County of Laurens.

740

JouRNAL oF THE HousE.

The Committee offered the following amendment, which was adopted:

To amend by striking words ''one hundred dollars per month'' and insert in lieu thereof the words ''such sums as the Board of County Commissioners
may fix.''

The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were 105, nays 0.
The bill having received the requisite Constitutional majority, was passed, as amended.

By Mr. Marshall, of Terrell-

A bill to amend the Charter of the town of Bronwood.

The favorable report of the Committee was agreed

to.

,

On the passage of the bill the ayes were 102, nays 0.
The bill having received the requisite Constitutional majority, was passed.

THURSDAY, JULY 22, 1909.

741

By Mr. Rosser, of Walker-
A bill to amend the Charter of the City of LaFayette.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. McMichael, of Butts-
A bill to repeal -an Ad to create a Board of Commissioners for the County of Butts.
The favorable report of the Committee was agreed to.
On the .passage of the bill the ayes were 102, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Brinson and Parker-
A bill to amend an Act to incorporate the town of Brinson.

742

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102 nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Faircloth, of Johnson-

A bill to amend an Act to repeal an Act to incor. porate the town of Wrightsville.
The favorable report of the Committee was agreed to.
On the passage of the. bill the ayes were 100 nays 0.
The bill having received the requisite Constitu. tional majority, was passed.

By Messrs. Anderson and Simmons-

A bill to amend an Act to create the City Court of Statesboro.
The favorable report of the Committee was agreed to.

THURSDAY, JULY 22, 1909.

743

On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Leave of absence was granted Mr. Harvey, Mr Lord, Mr. Smith, of Tattnall.
The Speaker then announced the House adjourned until 10 o'clock tomorrow morning.

I

. 744

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
FRIDAY, July 23rd, 1909
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

Brown of Henry

Alexander of DeKalb Brown of. Murray

Alexander of Fulton Burch

Allen

Butt

Alley

Buxton

Anderson of Bulloch Calbeck

Anderson of Chatham Cannon

Armistead

Carswell

Atherton

Carter

Atkinson

Chandler

Ault

Childs

Barksdale

Converse

Bagley

Cooke

Bailey

Cordell

Baker

Couch

Barrett

Cowan

Beacham

Culberson

Beasley

Cureton

Bell

Daniel

Berry

Davis

Booker

Dickson

Boyd

Drawdy

Brinson of Decatur Edmondson

Brinson of Emanuel Edward'3

Brown of Carroll

Elder

Brown of Fulton

Ellis

Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J eft's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin

FRIDAY, JULY 23, 1909.

745

Henderson of Turner Mitchell

Rosser

Hendricks

Moore

5beppard

Hill

Moss

Shirley

Holder of Floyd

MacFarland

Simmons

Holtzclaw

Macintyre

Simpson

Howell

McArthur

Slade

Hubbard

McCarthy

Smith of Gilmer

Hullender

McConnell

Smith of Tattnall

Huie

McCrory

Smith of Walton

Johnson of Bartow McCurry

Stovall

Johnson of Jeff Davis McCutchen

Strong

Johnson of Towns McElreath

Stubbs

Joiner

McMaha:rr

Tarver

Jones of Laurens McMichael of Butts Tippins

Jones of Meriwether McMichael of Marion Tl'acey

Jones of Mitchell McWhorter

Tuggle

Keith

Oliver

Turner

Kelley

Parker of Decatur Turnipseed

Kendrick

Parker of Talbot

Upshaw

Kennedy

Paulk

Vinson

Kicklighter

Peacock

Waddell

Kidd

Persons

Walters

Kirby

Pierce

Wasden

Lawrence

Pope

Watkins

Lewis

Porter

White of Screven

Littleton

Price

Whiteley

Lord

Proctor

Wight of Grady

Lovejoy

Reaves

Williams

Marshall

Redding

Meadows of Telfair Reese

Wood
w ohlwender

Meadows of Toombs Reid of Campbell Woodliff

Middlebrooks

Reid of Macon

Wright of Floyd

Miller of Calhoun Reid of Pllof;nam

Wright of Stewart

Miller of Ware

Rentz

Mr. Speaker

Milikin

Roberts

Minter

Rogers

The Journal of yesterday's proceedings was read and confirmed.
Upon request of the author, House Bill No. 560

746

JoURNAL OF THE HousE.

was taken from the Special Judiciary andre-referred to the Committee on Education.
Upon request of the author, House Bill No. 356 was re-committed to the Committee on Corporations.
Leave of abesnce was granted Mr. McCrory, of Schley, on account of serious illness in his family.
Upon request of the author, House Bill No. 365 was taken from the table and placed on the Calendar.
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 to authorize the State Librarian to furnish certain Georgia Reports to Clerk of Superior Court of Montgomery County.
The Senate has passed, by the requisite. Constitutional majority, the following bills of the Senate, to-wit:
A bill to require the disinfecting of public buildings and railroad coaches.

J!,RIDAY, JULY 23, 1909.

747

A bill to add Colquitt, Miller County, to the list of State depositories.
A bill to require a female attendant to convey female patients to Insane Asylum in certain cases.

A bill to create the office of State Veterinarian, define his duties, :fix his salary, and for other pur.poses.
The Senate has passed by the requisite Constitutional majority, the following House bill~, to-wit:

A bill to authorize the City Council of Augusta to acquire by condemnation, certain property in Augusta and Richmond County, for water pipes.

A bill to create a River and Canal Commission for the protection of the City of Augusta.

The Senate has passed, as amended, by a requisite Constitutional majority, the following House bill, towit:

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Hall.

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

748

JouRNAL OF THE HousE.

By Mr. Dickson, of Ben Hill-

A bill to amend an Act to create the City Court of Fitzgerald.
Referred to Committee on Special Judiciary.

By Mr. McElreath-

A bill to amend an Act to create a Board of County Commissioners for Fulton County.
Referred to Committee on Counties and County Matters.

By Mr. Redding, of Pik~ A bill to create the City qourt of Zebulon. Referred to Committee on Special Judiciary.

By Mr. Tippins (by request)-
A bill to propose an amendment to Paragraph 2, Section 1, Article 2, of the Constitution.
Referred to Committee on Amendments to Constitution.

FRIDAY, JuLY 23, 1909.

749

By Mr~ Redding, of Pike-

A bill to repeal an Act to repeal the Charter of Zebulon.
.
Referred to Committee on Special Judiciary.
By Mr. Redding, of Pik~

A bill to create a new Charter for the town of Zebulon.
Referred to Committee on Special Judiciary.

By Messrs. Cannon and Gastley- 1
A bill to amend an Act to incorporate the town of Tallulah Falls.
Referred to Committee on Corpqrations.

By Mr. Hardman, of Jackson-
A bill to make an additional appropriation to the Board of Health.
Referred to Committee on Appropriations.

750

JouRNAL OF THE HousE.

By Mr. Miller, of Ware-

A bill to repeal an Act to incorporate the Waresboro School District.
Referred to Committee on Education.

By Mr. Ford, of Worth-
A bill to amend an Act to amend the Charter of Sylvster.
Referred to Committee on Corporations.

By Mr. Ford, of Worth-
A bill to amend the Charter of the town of Sylvester and extend the corporate limits.
Referred to Committee on Corporations.

By Mr. Middlebrooks, of Newton-
A bill to commemorate the devotion to duty, &c., of Confederate soldiers in the Vicksburg campaign, &c.
Referred to Committee on Appropriations.

FRIDAY, JuLY 23, 1909.

751

By Mr. l!-,ord, of Worth-

A bill to amend an .Act to incorporate the City of Pqulan.
Referred to Committee on Corporations.

By Mr. Calbeck, of Gordon-

A bill to amend the Charter of the town of Calhoun. Referred to Committee on Special Judiciary..

By Mr. Ford, of Worth-

A bill to amend an Act to incorporate the City of Sylvester.
Referred to Committee on Corporations.

By Mr. Calbeck, of Gordon-

A resolution providing that the Committee on Academy for the Blind visit that institution during vacation.
Referred to Committee on Academy for the Blind.

752

JouRNAL OF THE HousE.

By Mr. Redding, of Pike-

A bill to repeal an Act to create a County Court in each County so far as the same applies to. Pike County.
Referred to Committee on Special- Judiciary.

By Messrs. Boyd, Hill and Huie-
A bill to authorize electric, street and other railway companies to a;cquire the stock, franchises, &c., of other such companies., and for other purposes.
;Referred to Committee on Corporations.

By Messrs. Burch and Jones, of Laurens-

A resolution to pay pension due J. F. Nelson so as to provide a depository for the funds of said City.
Referred to Committee on Pensions.

By Messrs. McConnell and Simpson-

A bill to amend an Act to incorporate the City of Lawrenceville.
Referred to Committee on Corporations.

FRIDAY, JuLY 23, 1909.

753

By Messrs. McCo~ell and Simpson-

A bill to amend,an Act to incorporate the City of Lawrenceville so as to extend the corporate limits.
Referred to Committee on Corporations.
By Messrs. Heard and Beacham-

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

Referred to Committee on Counties and County Matters.

Mr. Alexander, of DeKalb, moved that until otherwise ordered, the House meet at 9 o'clock A. M., which motion prevailed.

Mr. Huie, Chairman of the Committee on the School for Deaf, submitted the following report:

Mr. Speaker:
Your Committee on the Georgia State School for the Deaf having had under consideration House resolution No. 90, report the same back with recommendation that it do pass.
Hum, Chairman.

754

JouRNAL oF THE HousE.

Mr. Allen, Chairman of the Committee on Public Library, submitted the following report:

M1. Speaker:
Your Committee on Public Library has had under consideration the following House bills, and instructed me to report that
No. 58 do pass as amended. No. 95 do pass as amended.
No. 93 do pass by substitute.
ALLEN, Chairman:

Mr. Parker, Chairman of the Committee on Railroads, submitted the following report:
Mr. Speaker:
The Committee on Railroads has had under consideration the following bills of the House, and report the same back to the House, with the recommendation that they do not pass, to-wit:
House Bill No. 86, by Mr. Hatfield, of Coffee.
House Bill No. 126, by Mr. Wright, of Floyq. Ho.use Bill No. 481, by Mr. Upshaw, of Douglas.



FRIDAY, JuLY 23, 1909.

755

House Bill No. 212, by Mr. Middlebrooks, of Newton.
Respectfully submitted,
W. M. PARKER, Chairman.
Mr. Hardman, of Jackson, Chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:
Your Committee on Temperance have had under consideration the following bills of the House 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 provide for discovery of persons furnishing cigarettes,&c., o minors.
Also,
The following bill of the House with the recommendation that same do pass, to-wit:
A bill to prohibit manufacture, sale, etc., of beverages containing alcohol.
Respectfully submitted,
L. G. HARDMAN, Chairman.

756

JouRNAL OF THE HousE.

Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and instruct me as their Chairman to report them- back with recommendations as follows:
House Bill No. 386 do not pass. House Bill No. 153 do pass. House Bill No. 66 do pass as amended. House Bill No. 194 do -pass as amended. House Bill No. 227 do pass. House Bill No. 546 do pass.
Respectfully submitted, FuLLBRIGHT, Chairman.

Mr. McCarthy, Chairman of the Committee on Labor and Labor Statistics, submitted the following report:

FRIDAY, JuLY 23, 1~9.

757

Mr. Speaker:

JULY 23d, 1909.

Your Committee on Labor and Labor Statistics have had under consideration the following bills of the House and have instructed me as Chairman to report the same back with the recommendation that same do pass, to-wit:

Jllouse Bill No. 1. A bill to create liens for laundrymen.

Also the following House bill with the recommendation that same do not pass, to-wit:
House Bill No. 262. A bill to make it unlawful to cause manual labor to be done more than ten hours per day.
Respectfully submitted,
J os. McCARTHY, Chairman.

Mr. Reid, of Campbell, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bills of the House

758

Jouy-A.L OF THE HousE.

which they instruct me as their Chairman to report back to the House. with the recommendation that the same do pass, to-wit:

No. 341. By Mr. Faircloth, of Johnson-
A bill to amend an Act entitled an Act providing for the collection of past due taxes to the State, counties and municipalities thereof.

No. 559. By Mr. Turner, of Jones-

'

.

.

A bill to amend Section 2059 of the Code of 1895.

.,

Also the following bill of the House which they

recommend do not pass :

No. 159. By Mr. Brown, of Fulton-

. A bill to create office of license inspector.
Also the following Senate Resolution which they recommend do not pass :

No. 13. By Mr. Callaway, or ~~th-

A resolution in reference to dispositjon of cotton tax.
Also following bill of House which they instruct

FRIDAY, JuLY 23, 1909.

759

me to report back to the House with the recommendation that it be referred to Committee on Education.

No. 357. By Mr. Miller, of Calhoun.,-

A bill to tax dogs.
Also following bill of House which they recommend be referred to Committee on Corporations.
No. 528. A bill to regulate sale of deadly weapons.
Respectfully submitt~d,
C. S. REID, Chairman.

Th~ following bill was taken up and the Senate amendments concurred in, to-wit:
By Messrs. Adams and Carter, of Hall-
A bill to amend an Act to create a Board of Commissioners of Roads and, Revenues for the county of Hall.
The following Senate amendments were concurred , in, to-wit:
To amend Section 4 by adding at the end thereof the words ''or levy any tax.''

760

JouRNAL OF THE HousE.

To amend Section 5 by striking out all of said Section after word ''following'' in line 6 and insert the following: ''The said Board shall have the right to appoint a Clerk of said Board at such com- pensation as they may decide, not to exceed Two Hundred Dollars per annum and to remove said Clerk at their pleasure and it shall be the duty of said Clerk to keep a full minute of all proceedings of the Board to keep on file ~nd preserve all papers relating to the business of the board, to keep in a , special book a statement of all taxes levied and for what purpose levied, and a separate and detailed statement of each order drawn on the fund for which any tax is levied so as to show the amount drawn on each fund, and shall prepare and submit to the grand jury of the county on the first day of each regular term of the Superior Court a balance sheet showing the amount to the credit of each fund and the amounts drawn on said fund and shall, in addition keep such other books and perform such other duties as are or may be required by law or by order of said Board.'' Also,
To amend by adding two new Sections to be numbered Sections 8 and 9, and the repealing clause to be numbered Section 10, to-wit:
"Section 8. It shall not be lawful for said Board to pay any salary or compensation to overseers of roads for any work or attention to roads for the time which under the law they would be re<iJ.uired to work on the roads if not overseers or to employ or

FRIDAY, Ju'LY 23, 1909.

761

pay any overseer or superintendent or guard for any time or work except when engaged under the direction of the board in controlling or superintending work done by convicts or force of hired labor disconnected with the regular work of road hands in the various districts.
"Section 9. Be it further enacted, That it shall be the duty of the Board of Commissioners of Roads and Revenues of said county to provide for the payment as soon as poss~ble of all the floating debt of said county for money borrowed or advanced to pay current expenses, said provision to be made by levy of taxes or from other receipts and not by further borrowing and it shall be unlawful after the passage of this Act for .said Board to borrow any money or pledge the credit of the county or receive any advance to pay current expenses by any device whatever or to use for county purposes any money hereafter so obtained, but it shall be the duty of said .board to provide by levy of taxes within the limits allowed by law for the necessary expenditures of the county from the time of said levy until provision can be made for collection of the necessary taxes in the year following so as to avoid having to borrow money for current expenses. Provid.ed nothing in this Section shall prohibit the exercise of any right under the Constitution to incur a debt to meet casual deficiencies of the Revenue.''
The following bill was taken up under the head of unfinished business, to-wit:

762

JouRNAL oF THE HousE.

By Mr. Reid, of Campbell-
A bill to levy and collect a tax for the support of the State Government and State Institutions.
Pending the reading of the above bill Mr. Lovejoy, of Troup, asked unanimous consent that House Bill No. 242 be taken up and put upon its passage tomorrow which request was granted.
Upon request of the Committee on Ways and Means House Bill No. 518 wastaken from that Committee andre-referred to the Committee on Corporations, and House Bill No.' 357 was re-referred to the Committee on Education.
Mr. Guyton moved to extend the session for 30 minutes for the purpose of reading bills a second time.
Mr. Faircloth moved to amend by making the purpose for which the session was extended include the reading of bills a first time.
Mr. Anderson, of Chatham, offered as a substitute the following: That the session be extended for the purpose of reading local bills a-second time and the ,introduction of new matter. The substitute was lost.
Mr. Anderson, of Chatham, made the point of order that to extend the session for the purpose of reading bills a second time by a motion would be a suspen-

FRIDAY, JuLY ?3, 1909.

763 '

sion of the rules of the House and would require a resolution to be submitted to the Committee on . Rules.
The Speaker overruled the point of order and from that ruling Mr. Ellis, of Bibb, took an appeal.
Pending discussion of the appeal from the decision of the Chair the hour of adjournemnt arrived.
Leave of absence was granted:
Mr: MeWhorter.
Mr. Garlington.
Mr. Childs. '
Mr. Alley.
Mr. Henderson, of Turner.
'
Mr. Middlebrooks.
Mr. English.

The hour of adjournment having arrived the Speaker announced the House adjourned until 9 o'clock tomorrow morning.

I 764

JOURNAL OF THE HousE.

ATLANTA GEORGIA.
SATURDAY,. JULY 24, 1909.
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.
By unanimous consent the following bills were read the first time, to-wit:
By Messrs. Faircloth and Allen-
A bill to amend Paragraphs 1 and 2, Section II, Article 6, and Paragraph 1, Section 13, Article 6, and Paragraph 1, Section 14, Article 6, of the Constitution so as to abolish the office of Solicitors-General.
Referred to Committee on Constitutional Amendments.
By Messrs. Faircloth and Allen-
A bill to amend Sections 4387, 4388, 4390, 4391, 4392, 4393 and 4395, Column 2, and Sections 1099, 1101, 1102, Volume 3 of the Code of 1895.

SATURDAY, JuLY 24, 1909.

765

Referred to Committee on Constitutional Amendments.
Upon request of the author House Bill No. 180 was taken from the General Judiciary Committee and re-referred to the Committee on Appropriations.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Meadows of Toombs-
A bill to provide for two weeks' session of the Superior Court of Toombs Co.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays 0.
The bill having received the" requisite Constitutional majority was passed.
-.
By Messrs. Heard and Beacham-
A }?ill to require the Commissioner of Roads and Revenues of Dooly County tb work public roads within incorporated towns, etc.
The favorable report 'Of the Committee was agreed to.

766

JouRNAL OF THE HousE.

On the passage of the bill the ayes were :i 10, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Meadows of Telfair-

A Bill to create a new charter for the Q.ity of McRae.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Moss and Daniel-
A bill to authorize the town of Roswell to_issue bonds for school purposes.
The favorable report of the Committee was a:greed to.
On the passage of the bill the ayes were ~07, nays 0.

SATURDAY, JuLY 24, 1909.

767

The bill having received the requisite Constitutional majority was passed.

By Messrs. Heard and Beacham, of Dooly-

A bill to amend an Act to incorporate the town of Unadilla.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Field of DeKalb-

A bi1l entitled an Act to amend an Act to amend and consolidate the laws to incorporate the town of Lithonia.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

768

JouRNAL OF THE HousE.

By Messrs. Hardman and Holder-

A bill to incorporate the town of Arcade'.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110 nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Walters of Colquitt-

A bill to amend the school laws of the city of Moultrie.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 112, nays 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Roberts of Dodge-
A bill to amend an Act to incorporate the City of Eastman.

SATURDAY, JuLY 24, 1909.

769

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 112, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Walters of Colquitt-

A bill to amend an Act to create a Board of Commi.ssioners' of Roads and Revenues for the County of Colquitt.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority was passed.
By Messrs. Adams, Carter, Hardeman, Holder, and Wood-
A bill to amend an Act to create a new Charter for the town of Gillsville.
The favorable report of the Committee was agreed to.

770

JouRNAL 01~ THE HousE.

On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Edmondson of Chattooga-
A Bill to incorporate the city of Summerville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 117, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Williams of Madison-
A bill to create a Board of Commissioners of Roads and Revenues for the county of Madison.
The favorable report of the Committee was agreed to.
. On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

SATURDAY, JuLY 24, 1909.

771

By Messrs. Hardeman and Holder-

A bill to incorporate the town of Arcade.
The favorable rept>rt of the Committee was _agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill havin_g received the requisite Constitutional majority was passed.

By Mr. Atkinson of Morgan-

A bill to incorporate the town of Swords.
The favorable report of the Com.mittee was agreed to.
On the passage of the bill the ayes were 114, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Faircloth of Johnson-

A bill to prescribe the duties and powers of the Ordinary of Johnson County when sitting for county purposes.

772

JOURNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.
The following bills were read the second time, to-wit:

By Mr. McElreath-
A bill to amend an Act to fix the time of adjournment of the Superior and t:Jity Courts in this State.

By Messrs. Slade and Wohlwender-
A bill to amend an Act to create the City Court of Columbus.

By Mr. White, of Screven-

A bill to amend an Act to establish the City Court

of Sylvania.



By Mr. Alexander, of DeKalb-
A bill to declare it dangerous to the peace and safety of this State to keep or sell alcoholic beverages and to prohibit same.

SATURDAY, JuLY 24, 1909.

773

By Messrs. Slade and Wohlwender-

A bill to amend an Act to authorize corporations

owning water power to purchase, lease or condemn

rights of way.

-

By Mr. Reid, of Campbell-

A bill to provide for the regular exchange between Georgia and other States of State documents.

By Mr. Alexander, of DeKalb-

A bill to provide for two Assistant State Librarians.

By Mr. Williams, of Madison-

A bill to repeal an Act to create the City Court of Danielsville.

By Messrs. Tippins and Macintyre-

A bill to create liens for laundrymen.

By Mr. Alexander, of DeKalb-

A resolution to authorize the State Librarian to give 10 per cent. discount to certain book dealers.

774

JouRNAL OF THE HousE.

By Mr. Turner, of Jones-
A bill to amend Section 2059, Volume 1, of the Code.

By Mr. McWhorter-
A bill to provide for discovery on oath from persons supposed to be cognizant of the unlawful furnishing of cigarettes, etc., to minors.

By Mr. Faircloth-
A bill to amend an Act providing for past due taxes.

By Mr. Huie-
A resolution providing for Committee to visit School for Deaf.
By unanimous consent, the following bill was read the first time, to-wit:

By Messrs. Hardman and Gastley-
A bill to provide for the shipping and keeping with the Ordinaries of this State diphtheritic antitoxine
Referred to Committee on Hygiene and Sanitation.

SATURDAY, JuLY 24, 1909.

775

The following Senate bills were read the second time, to-wit:

By Mr. McCurry, of 31st-
A bill to provide for the election of County School Commissioners by the people.

By Mr. Calhoun, of 15th-
A bill to provide for holding three terms a year of the Superior Court of Montgomery _county.

By Mr. Burwell, of 20th-
A bill to amend an Act _to create the City Court of Sparta.

By Mr. Akin, of 4th-
A bill to authorize the County of Glynn to issue bonds.
The following Senate Bills were read the first time, to-wit:
By Messrs. King and Calhoun-
A bill to require all railroads to disinfect passenger coaches.
Referred to Committee on Hygiene and Sanitation.

776

JOURNAL OF THE HousE.

By Mr. Patten, of 8th districtA bill to amend Section 982 of the Code. Referred to Committee on 'Banks and Banking.

By Mr. Patten, of 8th district-
A bill to require Ordinaries to furnish female attendants in escorting females to the insane asylum.
to Referred Committee on Special Judiciary.
By Mr. Price, of 27th district-
A bill to c:reate the office of State Veterinarian.
Referred to Committee on Hygiene and Sanitation. By Mr. Price of 27th district, and Mr. McCurry, of
31st districtA bill to amend Section 377, Volume 3, of the Code. Referred to Committee on General .Judiciary.
By Mr. Day, of 41st districtA bill to change the time of holding the spring
term of the ,Superior Court of Pickens County. Referred to Committee on Special Judiciary.

SATURDAY, JuLY 24, 1909.

777

By Messrs. Price and McCurry-
A bill to require assessmentjnsurance companies to submit upon the death of the insured the number of parties composing the division in which death occurred.
Referred to Committee on Insurance.

By Mr. Calhoun, of 15th district-
A resolution authorizing the State Librarian to furnish certain Georgia Reports to the Clerk of the Superior Court of Montgomery County.
Referred to Committee on Public Library.
The motion to adjourn was put and carried, and the Speaker announced the House adjourned until 9:00 o'clock Monday morning.

778

JOURNAL OF THE HousE.

ATLANTA, GEORGIA,

MoND~Y, JuLY 26th, 1909.

The House met pursuant to adjournment at 9 :00 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

Brown of Murray

Alexander of DeKalb Burch

Alexander of Fulton Butt

Allen

J:luxton

Alley

Calbeck

Anderson of Bulloch Cannon

Anderson of Chatham Carswell

Armistead

Carter

Atherton

Chandler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

Bailey

Couch

Baker

Cowan

Barrett

Culberson

Beacham

Cureton

Beasley

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J eft's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill

MoNDAY, JuLY 26, 1909.

779

Holder of Floyd

Moss

Sheppard

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Simmons

Hubbard

McArthur

Simpsoq.

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

Johnson of Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens McMahan

Stubbs

Jones of Meriwether McMichael of Butts Tarver

Jones of Mitchell McMichael of Marion Tippins

Keith

McWhorter

Tracey

Kelley

Oliver

Tuggle

Kendrick

Parker of Decatur Turner

Kennedy

Parke1 of Talbot

Turnipseed

Kicklighter

Paulk

Upshaw

Kidd

Peacock

Vinson

Kirby

Persons

Waddell

Lawrence

Pierce

Walters

Lewis

Pope

Wasden

Littleton

Porter

Watkins

Lord

Price

White of Screven

Lovejoy

Proctor

Whiteley

Marshall

Reaves

Wight of Grady

Meadows of Telfair Redding

Williams

Meadows of Toombs Reese

Wohlwender

Middlebrooks

Reid of Campbell Wood

Miller of Calhoun Reid of Macon

Woodliff

Miller of Ware

Reid of Putnam

Wright of Floyd

Milikin

Rentz

Wright of Stewart

Minter

Roberts

Mr. Speaker

Mitchell

Rogers

Moore

Rosser

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

By unanimous consent, the following resolution

was read, to-wit:

-~

- - ..J.

780

JOURNAL OF THE HousE.

By Mr. Anderson, of Chatham-
A resolutiQn providing that beginning with Thursday, July 29th, the House meet at 9 :30 A. M., and adjourn at 1:00 P. M., and that the House shall hold afternoon sessions from 3 :00 o'clock P. M. to 5 :00 o'clock P. M., Saturdays excepted.
Mr. Alexander, of DeKalb, moved to amerul by striking the words ''Thursday, July 29th'' and insert "Tuesday, July 27th." Also by striking "9 :30 o'clock A. M." and insert "9 :00 o'clock A. M."
The first part of the above amendment was lost. The second part stood adopted.
Mr. Guyton moved to amend by striking the words ''9 :30'' and insert ''9 :00. ''
The amendement was adopted.
. f]_'he above resolution was adopted as amended.
The following resolutions were read and adopted, to-wit:

By Mr. Ellis, of Bibb-

A resolution providing that the sympathy of the House be extended Hon. W. H. Eva~s and family
in the tragic death of his son.

l\I[ONDAY, JULY 26, 1909.

781

The following resolution was read and referred to the Committee on Rules, to-wit:
By Mr. Reid, of Campbell-
A resolution to set House Bill No. 365 as a special order to follow the General Tax Act.
The following invitation was read and accepted on motion of Mr. Hall, of Bibb:
At the request of the Quitman Board of Trade, the Mayor of Quitman, and people of Brooks County, a cordial invitation is extended to members of the Georgia Legislature, and especially to the members of the Agricultural Committee, to visit the City of Quitman during the convention of the Georgia State Agricultural Society, which meets in said City of Quitman on the 11th and 12th of August.
PoPE, of Brooks.

Mr. Hardeman, Chairman of the House Committee to which was referred the Governor's message relative to the suspension of Hon. S. G. McLendon, submitted the following report:

Mr. Speaker:
The joint Committee of the Senate and House, to which was referred the message of the Governor, reporting to the General Assembly the fact of the

782

JouRNAL OF THE HousE.

suspensiOn of S. G. McLendon, Railroad Commissioner of Georgia, and assigning his reasons therefor, beg lea'le to report that, in conformity with the instructions contained on ~aid joint resolution~ the Committee has made investigation and has heard all testimony and received all evidence offered before it.
In accordance with the resolution adopted by the Committee the official report made herewith is submitted and made in two separate and distinct sections; one confined to the evidence submitted in reference to the Governor's message of suspension on June 25th, and matters cognate or incidental thereto, the same being covered by Parts I and II of the Official Record submitted herewith; and the other confined to the alleged bond transactions by Mr. ~cLendon and others, and matters cognate or incidental thereto, the same being covered by Part III of the Official Record submitted herewith.
Your Committee herewith submits the following:
First. AU formal documents and writings relating to the matters contained in the Governor's message and considered by the Committee.
Second. A brief, reduced to narrative form, of all the oral testimony relating to matters contained in the Governor's message and considered by the Committee.

MoNDAY, .JuLY 26, 1909.

783

Your Committee, under instructions in said resolution, have inquired fully into all the facts pertaining to the conduct of said Railroad Commissioner, in the matter of the purchase and sale of certain railroad stocks and securities, and herewith submit in proper form all evidence touching the same.
After the Committee had completed its work of taking testimony and the record had been delivered to the printer, your Committee received from Honorable Hoke Smith a communication in writing, which by direction of the Committee, is herewith attached and submitted with this report, and as a part thereof, though the same_ was not considered as a part of the evidence by the Comniittee.
Your Committee also received a communication from Hon. S. G. McLendon, protesting against a certain member of the House of Representatives - being qualified to participate in the House proceedings on this report, which comhmnication is herewith submitted to the House.
Yop.r Committee being empowered only to ''investigate and report all the evidence,'' submit no finding either of law or fact, and make no recommendation.
Respectfully submitted,
R.N. HARDEMAN,
Chairman House Committee.

784

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
,JULY 12th, 1909.
To the General Assembly of Georgia,
Through its Joint Committee:
Exercising my constitutional right of petition, n right secured and sacred to all English-speaki?-g people since the Bill of Rights in 1689 declared, ''That it is the right of the subjects to petition the King,'' I come now and present this my petition to the General Assembly of Georgia in all obedience and. with every assurance of confidence and respect, but at the same time, reserving all and renouncing none of my rights in the premises, and show unto you:
1st. That the order of suspension issued by the Governor is null and void for many reasons to be hereafter presented.
2nd. That the Constitution of Ge~rgia declares that the paramount duty of government is the protection of life and property and that such protection / shall be ample and complete, and further that all persons charged with an offense against the law shall have a speedy and a~ impartial trial.
3rd. That while not so prepared at the first meeting of this joint Committee, I am now prepared, stand ready, and offer to prove, and demand the right and the opportunity, in such manner and form as the General Assembly may prescribe, to prove

MoNDAY, JuLY 26, 1909.

785

the following facts, namely: That a member of the General Assembly, and one of the jurors in a matter now under investigation, is disqualified to cast any vote in any matter wherein Governor Smith and myself have adverse, opposing, or conflicting interests in any matter, by reason of the relations estab.lished and existing between said member and Governor Smith as shown by the following facts:
I respectfully petition that I may be permitted to show that on September 27th, 1907, the Governor paid to said member of tpe Legislature, he being then and there a member of the General Assembly and being now a member of the General Assembly, the sum of $250.00 out of the public Treasury.
That on March 21st, 1908, the Governor paid to said member the further sum of $250.00 out of the public Treasury.
That on April 6th, 1908, the Governor paid to said member the further sum of $250.00 out of the public Treasury.
That on December 5th, 1908, the Governor paid to said member the further sum pf $285.00, the same being paid out of the public Treasury.
That on January 26th, 1909, the Governor entered into a contract with said member whereunder and wliereby certain. suits were to be instituted, and which have since been instituted, as I am informed and believe, for the sum of $200,000.00, under which

786

JouRNAL OF THE HousE. ,

contract said member and his law firm are to receive
the sum of 20 per cent., which emolument, in the event of the recovery of the full amount sue~ for, would yield to said member and his firm the sum of $40,000.00, or other large sum as fees, and that in said contract it is provided that the State shall pay all the expenses of the proceedings so instituted under said contract.
That on June 25th, 1909, one day after the issuance of the order of suspension, and one day before the expiration of the term of Governor Smith, he, the said Governor, paid to the said member of the General Assembly the further sum of $250.00 and entered upon the executive minutes an order providing for the payment to him in the future of the further sum of $250.00 and such other fees as the result of cert&in litigation might entitle him to in the opinion of the Governor.
I offer to show th~t all of said payments, as well as said contract, were unlawful' and expressly prohibited by the Constitution of Georgia, Code Section 5754, in the following words:
''Nor shall any Senator or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected.''

MoNDAY, JuLY 26, 1909.

78~

Astounded at the discovery of this unlawful relation, and the influence which that relation must enable Governor Smith to exercise over and upon said member, I submit that the enlightenedjudgment of 1 mankind and the high and sober sense of right en~ throned in the hearts and consciences of this General Assembly will deny to that member 'any right to sit in judgment on your petitioner in any case whatever. A right to an impartial trial is an empty mockery unless the law which guarantees it shall also provide a method for the ascertainment and protection of impartiality before a person is placed in jeopardy. I have no avenue of approach to the General Assembly except through this Joint Committee, and this Committee is without power or authority to offer me that to which I am constitutionally entitled.
My petition and prayer therefore is that this Committee shall suspend this hearing until tomorrow, or such other time as it may determine, and before proceeding further, will ask the G:neral Assembly to declare whether I have the right to prove the facts herein set out and which I offer to prove, and to declare further that if I am entitled to an impartial trial, when, and how, and where I may be permitted to enjoy the privileges of such impartial trial. The conduct of my proper defense, and a right to defend will not be denied me, must necessarily depend upon the decision of the question of whether or not I must accept the entire General Assembly regardless

788

JouRNAL OF THE HousE.

of bias or prejudice or prejudgment as a jury or whether the vital and all-controlling and fundamental principle of impartiality will be respected . and enforced. In the infirmity of our law, no machinery is provided for safe-guarding my constitu-1 tional rights to an impartial trial, and I therefore invoke through you a finding on the part of the General Assembly upon this subject. Must the Constitution be held a meaningless instrument er will its majesty and glory be preserved, upheld and de. fended. I have violated no law, human or divine,) have wronged no man, I have broken-no pledge, but I am deprived under the law of the orderly methods of a court wherein I could proceed under well-established rules, wherein the vilest criminal could put each juror upon his voir dire. A day is not long. Present, gentlemen, I pray you, this my petition to that body which has in its. keeping the welfare of the State and wh~ch will, I am sure, administer the . highest justice. I respectfully submit that you as a Committee cannot deny my prayer, and I ask the General Assembly. to empower this Co:mmittee, or in such other manner and form as it may choose, to preserve to me the right of challenge and the right to present any disqualifying fact I may be able to present.
Respectfully submitted,
By unanimous consent the following bills were read the first time, to-wit:

MONDAY} JULY 26, 1909.

789

By Mr. McCarthy, of Chatham-

A bill to provide for the qualification of managers of elections in certain cities.
Referred to Committee on Corporations.

By Mr. MacFarland-

A bill to authorize the County of Mcintosh to issue bonds for the improvement of roads, etc.
I
Referred to Committee on Counties and County Matters.

By Messrs. Brinson and Tuggle-

A bill to appropriate $25,800 for the purpose of building two negro reformatories.
Referred to Committee on Appropriations.

By Messrs. Cooke, Stubbs and Macintyre-

A bill to ~mend an Act to incorporate the town of Barwick.
Referred to Committee on Special Judiciary.

790

JOURNAL OF THE HousE.

By Mr. MacFarlandA resolution to pay Mrs. Mary I. Bond a pension. Referred to Committee on Pensions.

By Mr. White, of Screven-
A bill to amend and consolidate the Acts to incorporate the City of Sylvania.
Referred to Committee on Special Judiciary.

By Mr. Roberts, of Dodge-
A bill to repeal an Act to incorporate the town of Yonker.
Referred to Committee on Corporations.

By Mr. Wight, of GradyA bill to amend the Charter of Cairo. Referred to Committee on Special Judiciary.

By Mr. Chandler, or F'ranklin-
A bill to amend Section 404, Volume 1, of the Code of 1895.
Referred to Committee on Special Judiciary.

MoNDAY, JuLY 26, 1909.

791

By Mr. Chandler-
A bill to repeal an Act t.o incorporate the town of Carnesville.
Referred to Committee on Corporations.

By Mr. Burch, of Laurens-
A bill to amend an Act to create a new Charter for the City of Dublin.
Referred to Committee on Corporations.

By Mr. Chandler, of FranklinA bill to amend Section 220 of the Code of 1895. Referred to- Committee on Special. Judiciary.

By Mr. ChandlerA bill to incorporate the City of Carnesville. Referred to Committee on Corporations.

By Mr. Guyton, of Effingham-
A bill to authorize the town of Guyton to issue bonds for school purposes.
Referred to Committee on Corporations.

792

JOURNAL OF THE HousE.

By Mr. Roberts, of Dodge-

A resolution to pay pension to J. G. Grimsley. Referred to Committee on Pensions.

By Mr. Roberts, of Dodge-

A bill to authorize any owner of a bill of sale to personal property to foreclose same as mortgages are now foreclosed.
Referred to Committee on General Judiciary.

By Messrs. McMahan, Redding, Middlebrooks, Reid, of Putnam, Miller, of Wayne, Slade, Anderson, of Chatham, Barrett, and Lewis-

A bill to make an appropriation for a lasting and suitable monument to the Confederate soldiers from Geor'gia.
Referrfld to Committee on Appropriations.

By Mr. Reese, of Glynn-

A bill to amend the Charter of the City of Brunswick.
Referred to Committee on Corporations.

MONDAY, JULY 26, 1909.

793

By Mr. Guyton, of Effingham-

A bill to authorize trustees of Effingham Academy to use certain trust funds for school purposes.
Referred to Committee on Education.

By Mr. Adams, of Hlall-

A bill to amend Section 1, Article 5, of the Constitution of Georgia.
Referred to Committee on Amendments to Constitution.

By Mr. Miller, of Wa1'e-
A bill to repeal an Act to incorporate the town of Millwood.
Referred to Committee on Corporations.
By Mr. Turnipseed, of Clay-
A resolution providing for a Commission to inves- tigate State's property in Chattanooga and report what action shall be to best interest of the State.
Referred to Committee on W. & A. R. R.

794

JouRNAL OF THE HousE.

By Messrs. Lord and Joiner-
A bill to amend the Charter of the City. of rrennille.
Referred to Committee on Counties and County Matters.

By Mr. Wright, of Stewart-
A bill to prohibit females from riding horseback astride, etc.
Referred to Committee on Temperance.
The following resolution was read and referred to the Committee on Rules, to-wit:

By Mr. Anderson, of Chatham-
A resolution providing that Rule 41 be ame!lded by adding thereto the following clauses, to-wit:
''No general bill shall in any case be taken up for third reading or passage, out of its regular order except in the manner herein provided for obtaining special orders; and the Speaker shall not entertain any motion at any time to extend a session of the House for the purpose of placing any general bill upon its third reading or passage out of its regular order; provided, that this shall not apply to general bills having only a local application."

MoNDAY, JuLY 26, 1909.

795

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

Mr. Speaker~

Your Committee on General ,Judiciary have had under consideration the following bills of the House and instruct me as their Chairman to report same back to the House with the recommendation that same do pass, to-wit:
A bill to establish a Board for Examination of Ac-
countants.
A bill to provide that in cases of levy, notice of what court, street and number shall be left with owner of property.
A bill to amend Section 2864, Code 1895, relative to Homestead.
Also,
The following bills of the House with the recommendation that same do pass, as amended, to-wit:
A bill to amend Section 4707, Code 1895, relative to process of garnishment.
A bill for protection of persons furnishing material and labor on public works.

796

JouRNAL OF THE HousE.

,

Also,

The following bill of the House with the recommendation that same do not pass, to-wit:

A bill to make it unlawful to charge more than 12 per cent.- interest.

Also,

The following bill of the House with the recommendation that same be taken from General Judiciary and referred to Committee on Corporations.

A bill to make it unlawful to buy or sell pistols.

Also,

The following Senate bills with recommendation that same do pass, to-wit:

A bill to amend Section 342, Code 1895, relative to carrying deadly weapons to public gatherings.

A bill to provide for supersedeas of judgments of conviction in County and other Courts.

Also,

The following S~nate bill with the recommendation that same do not pass, to-wit:

MoNDAY, JuLY 26, 1909.

797

A bill to amend Section 2573, Code 1895, relative to committing lunatics to asylum.
Respectfully submitted,
J. H. HALL, Chairman.
Mr. White, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:

The Committee on Pensions having had under, consideration the following bills and resolutions, beg to return the same to the House with the following recommendations :

That-

.

House Bill No. 352 do pass, as amended.

House Resolution No. 62 do pass.

House Resolution No. 83 do pass.

House Resolution No. 87 do pass.
'
House Resolution No. 46 do pass.

House Resolution No. 33 do pass.

And that

House Resolution No. 72 do not pas~.

Respectfully submitted,

July 23rd, 1909.

WHITE, Chairnian.

'798

JouRNAL OF THE HousE.

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 House Bills Nos. 78, 111, 216, 402, 553, and have instructed me as their Chai.rman to make the following report:
No. 78 do pass. No. 111 do pass. No. 216 do pass. . No. 402 do pass, by substitute. No. 553 do pass.
Respectfully submitted,
HEARD, Chairman.

Mr. Hill, Vice-Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

JULY 23, 1909.

Your Committee on Education having had under consideration the following bills, ~ubmits the following report:

MoNDAY, JuLY 26, 1909.

799

House Bill No. 550 do pass. House Bill No. 560 do pass. House Bill No. 377 do pass, as amended. House Bill No. 89 do not pass.
Respectfully submitted,
B. F. HrLL, Vice-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 the University of Georgia to visit the University and its branches during the interim of sessions of the Legislature.
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, towit:

800

JouRNAL oF THE HousE.

A bill to provide for the protection of live stock from contagious and infectious diseases.

A bill to amend Paragraph 1, of Section 2, of Article 11, of the Constitution of this State so as to provide for the abolition of the office of County rrreasurer.

The Senate has passea, by the requisite Constitutional majority, the following bill of the House, towit:

A bill to amend an Act with reference to the Board of Commissioners of Webster County.

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 bill of the House, to-wit:
A bill to permit street railroad companies to grant free transporta1ion to policemen, firemen, etc.
Mr. Stubbs, Chairman of the Committee on Enrollment, submitted the following report:

MoNDAY, JuLY 26, 1909.

801

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, towit:
An Act to authorize the City Council of Augusta to acquire by condemnation or other proceedings fee simple title to any real property in the City of Augusta, or County of Richmond, which may be necessary for laying of water pipes, etc.
An Act to create a River and Canal Commission for the protection of the City of Augusta, and for other purposes.
Respectfully submitted,
J. B. STUBBS, Chairman.

Upon request of the author House Bill No. 362 was taken from the General Judiciary and rereferred to the Committee on Corporations.
House Bill No. 86 was placed on the Calendar for a second reading, the same having been unfavorably reported, upon the recommendation of the Committee.
The following bill was taken up under the head of unfinished business, to-wit:

802

JouRNAL oF THE HousE.

By Mr. Reid, of Campbell:-

A bill to levy and collect a tax for the support of

the State Government and State institutions.



The following amendment was offered, to-wit:

By Messrs. McCutchen, of Heard, and Hill-

To amend by striking from Section 2 of printed

bill, Paragraph 38, and inserting in lieu thereof the

following: ''All syrups, tinctures or extracts used

for the manufacturing, mixing or preparation of

any beverage or drinks of any kind shall bear upon

each original p'ackage, keg, barrel, flask, bottle or

other vessel a stamp of the value of lU cents for

each gallon or fraction thereof before being offered

for sale in this State. It shall be the duty of the

Commissioner of Agriculture of this State to furnish

stamps on demand o{ any person, firm or corpora-

tion now engaged, or desiring to engage, in the manu-

facture or sale, in this State, of the aforementioned

syrups, tinctures, or extracts. Payment for stamps

shall be made on delivery of same.

'

In order that the provisions of this paragraph shall be equitably and uniformly enforced, the Commissioner of Agriculture is hereby empowered to use the entire force o'f his office, and in addition, may call upon the several Sheriffs and Tax Collectors of this State to do special service in their respective

MoNDAY, JuLY 26, 1909.

803

Counties. Failure to observe the provisionsof this Act, shall subject the offender, upon conviction, to fine of one hundred dollars for each offense.''

On the adoption of the above amendment, the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs. :

Allen Alley Atkinson Ault Bagley Baker Berry I Brinson of Decatur Brown of Henry Cal beck Cannon Childs Cooke Cordell Cowan Culberson Drawdy Edmondson Edwards Fields of Crisp . Ford Gastley Griffin of Sumter Graddick Hall Hardman of Jackson Hatfield Heard

Henderson of Turner Hill Hubbard Hullender Huie Johnson of Bartow Johnson of Towns Jones of Laurens Jones of Mitchell Keith Kicklighter Kidd Kirby Lewis Littleton Lord Marshall Meadows of Toombs Middlebrooks Miller of Ware
~Hlikin
Moss McConnell McCrory McCurry McCutchen McMahan McMichael of Butts

Oliver Parker of Decatur Parker of Talbot Redding Reid of Campbell Reid of Putnam Rogers Sheppard Shirley Smith of Gilmer Stovall Tarver Tracey Turner Turnipseed Upshaw Vinson Waddell Walters Watkins White of Screven Whiteley Wight of Grad~ Williams
wohlwender
Wood Woodliff

804

JOURNAL oF THE HousE.

Those voting in the negative were Messrs:

Adams Alexander of DeKalb Alexander of Fulton Anderson of Chatham Barrett Bell Booker Brown of Carroll Burch Buxton Carter Chandler Couch Cureton Daniel

Davis Ellis English Faircloth Field of DeKalb Fullbright Garlington Gillis Guyton Hardeman of Jell's 'n Harrington Holder of Floyd Holtzclaw Jones of Meriwether Kelley

Lawrence Lovejoy Mitchell Moore MacFarland Macintyre McCarthy McElreath Pierce Reese Roberts Slade Tuggle

Those not voting were Messrs :

Anderson of Bulloch Armistead Atherton Barksdale Bailey Beacham Beasley Boyd Brinson of Emanuel Brown of Fulton Brown of Murray Butt Carswell Converse Dickson Elder Ellison Evans Fender Godley

Griffin of Twiggs Porter

Harvey

Price

Helms

Proctor

Henderson of Irwin Reaves

Hendricks

Reid of Macon

Howell

Rentz

Johnson of Jeff Davis Rosser

Joiner

Simmons

Kendric.k

Simpson

Kennedy

Smith of Tattnall

Meadows of Telfair Smith of Walton

Miller of Calhoun Strong

Minter

Stubbs

McArthur

Tippins

McMichael of Marion Wasden

McWhorter

Wright of Floyd

Paulk

Wright of Htewart

Peacock

Mr. Speaker

Persons

Pope

MoNDAY, JuLY 26, 1909.

805

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

On the adoption of the amendment, the ayes were 83, nays 43.

The amendment was therefore adopted.

Leave of absence was granted Mr. Middlebrooks.

The hour of adjournment having arrived, the Speaker announced the House adjourned until 9 :00 o'clock tomorrow morning.

806

JOURNAL oF THE HousE.

ATLANTA, GEORGIA,

TuESDAY, JuLY 27th, 1909.

The House met pursuant to adjournment at 9:00 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

Brown of Murray

Alexander of DeKalb Burch

Alexander of Fulton Butt

Allen

Buxton

Alley

Cal beck

Anderson of Bulloch Cannon

Anderson of Chatham Carswell

Armistead Atherton

Carter I
Chandler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

Bailey

Couch

Baker

Cowan

Barrett

Culberson

Beacham

Cureton

Beasley

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Deeatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill

TuESDAY, JuLY 27, 1909.

807

Holder of Floyd

Moss

Sheppard

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Si=ons

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

Johnson of Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens McMahan

Stubbs

Jones of Meriwether McMichael of Butts Tarver

Jones o Mitchell McMichael of Marion Tippins

Keith

McWhorter

Tracey

Kelley

Oliver

Tuggle

Kendrick

Parker of Decatur T.urner

Kennedy

Parker of Talbot

Turnipseed

Kicklighter

Paulk

Upshaw

Kidd

Peacock

Vinson

Kirby

Persons

Waddell

Lawrence

Pierce

Walters

Lewis

Pope

Wasden

Littleton

Porter

Watkins

Lord

Price

White of Screven

Lovejoy

Proctor

Whiteley

Marshall

Reaves

Wight of Grady

Meadows of Telfair Redding

Williams

Meadows of Toombs Reese

Wood

Middlebrooks

Reid of Campbell Wohlwender

Miller of Calhoun Reid of Macon

Woodliff

Miller of Ware

Reid of Putnam

Wright of Floyd

Milikin

Rentz

Wright of Stewart

Minter

Roberts

Mr. Speaker

Mitchell

Rogers

Moore

Rosser

The Journal of yest~rday 's proceedings was read and confirmed.

Mr. Jones, of Meriwether, asked unanimous consent that House Bill No. 443 be withdrawn from

808

JouRNAL oF THE HousE.

Committee on Appropriations, read the second time, and recommitted, which request was granted, and the bill is as follows:

By Mr. Jones, of Meriwether-
A bill to appropriate money for the support and maint.enance of the Executive, Judicial and Legislative Departments of Government and State institutions, etc.
By unanimous consent, House Bill No. 228 was withdrawn by the author.
By unanimous consent, the following bills and resolutions were read the first time, to-wit:

By Mr. Hardeman, of Jefferson-
A resolution providing for the removal of S. G. McLendon from the Railroad Commission.
Referred to Committee on Rules.

By Mr. Hall, of Bibb-
A resolution providing for the impeachment of S. G. McLendon, Chairman of the Railroad Commission.
Referred to Committee on. Rules.

TuESDAY, JuLY 27, 1909.

809

By Mr. Anderson, of Chatham-

A r~solution to disapprove the action of the Governor in suspending S. G. McLendon from the Chairmanship of the Railroad Commission.
Referred to Committee on Rules.

By Mr. Gastley, of Habersham-

A bill to confer upon Counties and Municipalities the authority to grant franchises.
Referred to Committee on Special Judiciary.

By Mr. Upshaw-

A resolution to authorize the Governor to appoint some competent person to fill the temporary vacancy in the Railroad Commission caused by the suspension of S. G. McLendon.
Lay on table one day.

By Mr. Brown, of Henry-
A bill to create a system of Public Schools in the City of McDonough.
Referred to Committee on Education.

810

JouRNAL OF THE HousE.

By Mr. Carswell, of Wilkinson-
A resolution to make House Resolution No. 108 the special order to follow General Tax Act.
Referred to Committee on Rules.

By- Mr. Johnson, of J e:ff Davis----:-
A bill to abolish the County Court of Jeff Davis County.
Referred to Committee on Special Judiciary.

By Mr. Johnson, of J e:ff Davis-
A bill to create the City Court of Hazlehurst. -
Referred to Committee on Special Judiciary.

By Mr. Rogers,' of RandolphA resolution to pay pension to Mrs. Aaron Ranew. Ref~rred to Committee on Pensions.

By Messrs. Lord and Joiner (by request)-
A bill to repeal an Act to amend Sections 1778 and 1781 of the Code of 1895.
Referred to Committee on Counties and County Matters.

TuESDAY, JuLY 27, 1909.

811

By Mr. Garlington, of RichmondA resolution to pay Joseph Rawls a pension. Referred to Committee on Pensions.

By Mr. Burch, of Laurens-
A resolution to fix the report of the Joint Committee to investigate the suspension of S. G. McLendon, Chairman of the Railroad Commission, as a special continuing order to follow the General Tax Act and Appropriation Bill.
Referred to Committee on Rules.

By Mr. Henderson, of Irwin-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Irwin:
Referred to Committee on Special Judiciary.

By Messrs. Wood an~ Edwards-
A bill to provide for the removal of obstructions from the streams of this State.
Referred to Committee on Counties and County Matters.

812

JouRNAL oF THE HousE.

By Messrs. Anderson, of Chatham, and Ault-
A bill to amend Paragraph 1, Section 1, Article 7, of the Constitution.
Referred to Committee on Amendments to Constitution.
By Mr. McCutchen' , of Heard-
A bill to repeal an Act to give Commissioners of Roads and Revenues the power to lay out or discontinue public roads so far as the same relates to Heard County.
Referred to Committee on Counties and County Matters.

By Mr. Calbeck, of Gordon-
A bill to amend an Act to create a new Charter for the town of Calhoun.
Referred to Committee on Corporations.
By unanimous consent, the following bills were read the second time, to-wit:

By Mr. Hardeman, of Jefferson-
A bill to authorize the town of Wrens to establish a system of Public Schools.

TuESDAY, JuLY 27, 1909.

813

By Mr. Barrett, of Stephens-

A bill to authorize the establishment and mainte. nance of a system of Public Schools in the town of Martin.
By unanimous consent, the following House bills were read the third time and put upon their passage, to-wit:

By Mr. Williams, of Madison-

A bill to repeal an Act to establish the City Court of Danielsville.
The substitute offered by the Committee was adopted.
The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority, was passed, by substitute.

By Messrs. Heard and Beacham-

A bill to amend an Act to create the City Court of Vienna.

814

JouRNAL oF THE HousE.



The Committee proposed to amend by adding th a following as Section 11 :

"Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from the business transacted in said Court shall be paid into the Treasury of Dooly county.

Also,
'
To amend by changing Section 2 to Section 3.

The above 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 ayes were 151, nays 0.

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

By unanimous consent, the following Senate bill was read the third time a~d put upon its passage, to-wit:

By Mr. Burwell, of 20th district-

A bill to amend an Act to create the City Court of Sparta.

TuESDAY, JuLY 27, 1909.

815

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requ;site Constitutional majority, was passed.

Mr. McMichael, of Marion, arose to a question of personal privilege and said:

Mr. Speaker:
I arise to a question of personal privilege. About ten days ago there appeared in the Atlanta Consti-
tution an article by Dr. G. R. Glenn, which contained
an insidious slander upon my official character. I would have replied to the same immediately after its publication, but it has been impossible for me to be' here. fn the early part of the session I introduced a bill to reorganize the State Board of Education so as to have a majority of its members composed of practical teachers to make it a professional Board. The bill limits their powers, prescribes their duties and :fixes their compensation. It also provide's for a State Superintendent of Public Instruction and gives him a decent remuneration; and further, it provides for and demands a better county supervision of schools.

816

J ouaNAL oF THE HousE.

Deep in my heart has been and is a burning desire to make better Georgia's common schools, and my only purpose, my fondest ambition, is to contribute, my best efforts in their behalf.
A few days before I introduced my bill, the gentleman from Monroe, Mr. Persons, introduced three companion bills, which provided in the main for a better organization, administration and supervision of our common schools. Immediately after: the introduction of the bills by Mr. Persons, of Monroe, there appeared an article in The Atlanta Constitution over the signature of C. M. Ledbetter severely criticising the bills. Bear in mind, Mr. Speaker, that I had not yet introduced any educational bill in this Legislature; nevertheless, this critic, Ledbetter, credited the origin of the Persons bills to a bill proposed two years ago; and called by certain critics ''The McMichael Bill.'' Critic Ledbetter made special effort to connect me with the origin of the bills and one can read his insinuations couched in such terms as ''Italian Hand,'' etc.
With some features of the Persons bills, I am in sympathy, but I saw in them a few objectionable points, so I decided to offer a bill more nea'rly embodying my own views and the wishes of the Georgia Educational Association as I understood them.
Within a few days after the introduction of my bill there appeared a long communication in the Atlanta Constitution of July 15th over the name of

TuESDAY, JuLY 27, 1909. .

817

G. R. Glenn, President of the Nqrth Georgia Agricultural School. The positions of trust and honor that Dr. Glenn has held in educational circles of Georgia for many years entitled his communication to consideration and great weight. If Dr. Glenn tells the truth my bill is an objectionable instrument, and if the damnable charge that he hurls against me by insinuation be true I am a mighty bad man and unworthy to engage in the deliberations of this august body of law makers. '

After grossly misrepresenting the prov1s10ns of my bill, after telling falsehoods about them, he charges by insinuation that I am a partisan working in behalf of a publishing house and that my motives are inspired by selfishness and unholy designs.
Mr. Speaker, and Gentlemen of the House, I have borne enough of this vituperation and slander pul'lished in paid articles of the Atlanta Constitution and other papers of the State. A decent self-respect, a respect for the people I represent, a proper regard for you, a love for her who shares my lot, and for the little ones who bear my name, impel me to rise upon this floor and resent the slanders hurled at me through the paid articles of t~1e Atlanta Constitution published during the past twelve months.

Dr. Glenn following such willing tools and catpaws as Daniel, Duffey and Ledbetter, would arouse

818

JouRNAL .oF THE HousE.

a prejudice against me and would have you believe I am working for selfish ends and violation of my oath to serve the State.
of Bear with me, Mr. Speaker, and Members the
Hom;e, while I relate to you a little history in justification of my course. Seven years ago I entered the Georgia Senate with an ambition to do something for the schools of our State. rrhe first general bill introduced by me was one to amend the Constitution so as to 1 allow local taxation for educational purposes. It was passed, and the people ratified it. Later on I came to the House and the first bill of general character introduced by me to this body was the one to provide for the creation and operation of district schools. The older members of this House know how deep was my interest and how faithful my efforts until they were crowned with success. Where were Daniel, Duffey, Ledbetter and Glenn at that time1 Were my motives sd. fish then or were they patriotic 1 The people of Georgia have approved those bills and under them our schools are beginning to grow. With their en.actment there arose an educational awakening in Georgia. Teachers, county superintendents, city superintendents and college men, ~ho are devoting their lives to the cause of education, met in their associations and discussed the needs of our schools. After two or three years of earnest deliberation they appointed Committees to draft their ideas into a coda of principles. Later on there was a great meeting

,

TuESDAY, JuLY 27, 1909.

819

in Atlanta composed of one hundred of Georgia's

leading business men and known as ''The Business

Men's Conference for Education.'' This meeting

was-made up of such.men as Governor Terrell, Gov-

ernor Smith, Governor McDaniel, Governor Northen,

Gunby Jordan, of Columbus; Senator Clay, Judge

,

Covington, Murphey Candler, J. K. Orr, Judge

Lawson, of Eatonton; Senator Perry, of Gainesville;

Judge Callaway, of Augusta; Senator Matthews, of

Fort Valley; Senator West, of Valdosta, and many

others; and they all agreed that Georgia. schools

would be greatly benefited by new legislation along

certain lines. Committees were appointed from this

conference and the -educational associations above

mentioned to draft their recommendations into a bill

and to urge its passage by the General Assembly.

At the beginning of the session of 1907 there came to Atlanta a committee representing the above named associations, and they brought with them a bill which embodied their principles as agreed upon.

I was requested to introduce a bill, but I declined, giving as my reason that it should be championed by abler men than I am. Finally the bill was brought to me bearing the name~ of three of the ablest and purest members of that House, viz.: Holder, of Jackson, our present worthy Speak~r; Cand-
of ler, of DeKalb, and Nowell, Walton, and then I
consented to add my name as the fourth and last in-
troducer of the bill.

820

JouRNAL oF THE HousE.

It went to the Committee on Education and that Committee worked with great painstaking in perfecting it; they went into every detail, and upon vote recommended that it "do pass." As Chairman of that Committee, 'in the performance of my sworn duty, I urged the passage of the bilL
When the bill was thus placed upon the calendar with favorable report from the Committee there appeared in the Atlanta Constitution lengthy articles set in advertising type from one J. M. Daniel, a country teacher, who had never seen me and whom I have never yet seen. Althpugh the bill was introduced by Holdtr, Candler, Nowell and McMichaei, no name was ever mentioned as author except mine. rrhe Daniel articles were misleading, disrespectful and malicious.
A few days after Daniel appeared upon the stage there came two long and slanderous articles published in the Atlanta Constitution and three other leading dailies of the State and signed by one P. E. Duffey. In these articles I was represented as being the sole author of the bill, and my personal, professional and political character was malicious~y slandered. These Duffey articles published in the Atlanta Constitution, Macon Telegraph, Sav~nnah Morning News, and Augusta Chronicle were paid advertisements, and I can prove that said papers were paid about $400.00 or more for the same. Duf-

r.J'UESDAY, JULY 27, 1909.

821

fey has been arrested for criminal libel and he has forfeited a $500.00 bond for failure to appear at court.

Undaunted by these unholy and vicious slanders

and requested again by the teachers and school com-

missioners of the State, including State School Com-

'

missioner Pound," to embody their recommendations

into law, I again introduced the bill, with some modi-

fications, this year, and again I am slandered.

Ledbetter, a preacher on small salary, finds enough patriotism in his blood to sign a criticism for which ihe fee is about $75.00.

Dr. Glenn, with large family and small salary, is devoted enough to print a lot of falsehoods and to try to besmirch my character by signing an article set in paid type, which at regular prices, cost not less than $200.00. And I wish to state here, Mr. Speaker, that although it can be proved that Dr. Glenn stated after the publication of said article that he had not paid for it but expected to do so, I am reliably informed that the bill was paid before the artic!e w~s published. In Glenn's article he says Section 2 of my bill makes the School Commissioner the president of the Board; this is utterly false. Section 2 makes the Governor President.

He says Section 4 is ''loaded'' and he then proceeds to harp on the quotation, ''Rules and regulations when published shall have the force and effect

'

822

JouRNAL oF THE HousE.

of law, etc.'' Such a sentence as this is not, and never has been in my bill.
Dr. Glenn's review of my bill is so misleading and so full of falsehoods that a fair man can reach but one of two conclusions when he sees the truth, namely,-either Glenn wilfully misrepresented the facts or he played the part of a monkey by signing an article written by some other person.
In conclusion, Mr. Speaker, I make this charge, and I do it with a full knowledge of its gravity and with a willingness, and I may say a desire, to prove it :-The articles of Daniel, Duffey, Ledbetter and Glenn bear ear marks of one and the same origin; they are inspired by the same. source, and hundreds and hundreds of dollars have been paid for their publication. I believe there. is a great commercial interest using these men as tools in an unholy effort, through paid advertisements in the papers, to arouse prejudice in the minds of legislators, warp their judgment and thus defeat the leg\islation recommended by the educators of this State. I am ready to prove that some of these men, if not all of them, have been in the employ of or under obligations to this powerful interest and, though they are poor men, they have paid for advertising more money than all of them together return for taxation.
Mr. Speaker and Gentlemen: The time has come when the truth must be known. A few years ago, a lobby investigating Committee proved that a pow-

TuESDAY, JuLY 27, 1909.

823

erful commercial concern had employed paid lobbyist to influence school legislation in Georgia. Since that time, theyhave been working through the press of the State, slandering members of the House, who were working in obedience to their judgment and their oaths.

I felt constrained last year to reply upon the floor of the House to Daniel and Duffey, but I passed them by as unworthy of serious attention; but now that this powerful commercial interest has gone to the pulpit and to the presidents of one of our leading schools to find daddies for their vicious articles, I wish to put them on notice that I value my name as I do my life, and that their slanderous pens hereafter will not go unnoticed.

The burden of my work shall be in the future, as it has been in the past, for the betterment of our schools. Why should it not be? Teaching is my profession, and two of my brothers and three sisters gave a portion of their lives to the cause. My youngest sister is today in Chicago equipping herself for the work.

Daniel, Duffey and Glenn can do nothing or say nothing, either by direct speech or by insinuation, to affect my self-respect, for as God is my judge, every vote that I have cast in my seven years' service has back of it, a clear conscience.

824

JouRNAL oF THE Hou~E.

Mr. Anderson, of Chatham, arose to a question of personal privilege, and said:
JULY 27th, 1909..
Mr. Speaker:
I desire to nse to a question of personal privilege. 1\fy attenti.on has been called to certain newspaper articles in yesterday's papers, purporting to quote statements made in regard to myself by the Reverend Len G. Broughton in a sermon delivered by him Sunday night at the Baptist Tabernacle.
The Atlanta Constitution of yesterday quotes Mr. Broughton as saying:
''Mr. Anderson, of Savannah, seems to be the champion of the opposition ,to the Alexander Bill. Of course Mr. Anderson has a right to do as he pleases but it does look to me that if a man can't sit on a jury that tries himself, Mr. Anderson is disqualified from sitting in judgment on this case, for he has doubtless made more money out of the near beer business than any man in Georgia, he being one of the largest stockholders in the near beer business of the State.
''Of course he is going to kick He is the man who bought up the Savannah Brewery when prohibition wentinto effect and is now making a fortune, on so-called near beer. Is Georgia going to be dictated to by him?"

TuESDAY, .Ju~v 27, 1909.

82;)



The Atlanta Journal of yesterday afternoon quotes Mr. Broughton as saying:

"Who is the champion of the near heed Mr. Anderson, of Chatham. He is the one man in the State who has grown to be immensely rich on near beer. He is the biggest near beer manufacturer in the world. Will you noble people of Georgia let a man like this dictate. to you 1"

The Atlanta Georgian and News of yesterday afternoon quotes Mr. Broughton as saying:

"Who is it that is championing the opposition It is a man by the name of Anderson from the great City of Savannah. He is the one man that got rich on prohibition. Mr. Anderson bought up the stock . of the Savannah Breweries for little or nothing. He put the breweries to manufacturing near beer. The stock went up, and out of that one transaction, he became a very rich man. He is working for his personal interests and not for those of the people of Georgia.''

These newspaper articles, Mr. Speaker, all .say or intimate that Mr. Broughton made many other statements and charges against me along the same lines as those quoted. Now, Mr. Speaker, if he is quoted with even substantial correctness in these articles, I desire to say in my place on the floor of. the House,

826

JouRNAL OF THE HousE.

that the Reverend Len G. Broughton is a wilful, reckless, malignant and malicious liar and scandal monger.

I stated to this House the other day when this new prohibition fight started that I was forced to fight this bill because my constituency demanded it and as their representatiY~ on the floor of this House, I could not do otherwis ~. I also stated that I knew my position and mc~ives would be assailed and misconstrued, and that I would probably be vilified and a~used, but I did not expect that any minister of the Gospel would be guilty of such depravity, and malignity of heart as to wilfully fabricate lies about me.
Mr. Broughton charges that I have, since prohibition went into effect, bought up one or more of the Savannah breweries and have become a manufacturer of near beer and have grown enormously rich out of it. All of that is a wilful, deliberate and reckless lie. In the first place none of the Savannah. breweries have been sold since prohibition was adopted, and no purchaser could have been found if they had tried to sell them. In the second place, I have not bought a single dollar's worth of interest in any brewery. since prohibition went into effect in Georgia, nor have I done so at any time in the past twelve years. It will also doubtless be a great pleasure to the reverend gentleman to know that he is lying again when he said that the value of the stock of any of the Savannah breweries went up because of the near beer business. The truth is that the

TuESDAY, JuLY 27, 1909.

827

value of those stocks have fallen off tremendously in the past two years, and is still falling off because people are afraid to buy them.
Mr. Broughton charges that I am working for my personal interests and not for those of the people of Georgia. That is another lie by this reverend hypocrite.
I think it is greatly to the interests of the people of Georgia that this eternal agitation of the pro~i bition question should stop. It is a farce and a falsehood to say that this new proposed law is merely aimed at near beer. It is a new prohibition law, pure and simple, which, if passed, will supersede the present law, because it will embrace the whole of it and go beyond it. We already have on the books the most stringent prohibition law in the world, and I have not lifted my finger to change it. If its enforcement in some particulars is not entirely satisfactory, to the radical extremists, like Mr: Broughton, the fault does not lie with the law but with the prosecuting officers and juries. Enacting a more stringent law, will not cure this fault, but will only tend to increase it. The time has come, when the conservative rank and file of the prohibitionists must put a strong curb on the few radical extremists or a reaction will be brought about in Georgia, that will sweep away all such laws.
I have no personal interest at all in the sense Mr. Broughton means it, except that fifteen years ago I

828

JouRNAL OF THE HousE.

bought ten shares of stock in the Savannah Brewery, a concern whose total capital stock is $270,000. I was away from Georgia when prohibition was enacted, and when I got back I found I could not sell the stock except at a heavy loss. , The par value of that ten shares is one thousand dollars, and its market value today, is, I suppose, six or seven hundred dollars, if it can be sold at all.
Since prohibition went into effect, that stock has
P,.aid me in dividends, in the past eighteen months a
total of one hundred and twenty dollars, and that is the whole extent of the enormous wealth Mr. Broughton says I made. If that insignificant little interest is supposed to disqualify me from voting, then every man here who has an intere.st in any bank or factory or business or in land, would be disqualified from voting on a tax bill, or other measure in this House, and we would have to cease and adjourn for lack of a quorum.
The following mess'age was received from the Senate, through Mr., Northen, Secretary thereof:

Jfr. Speaker:.
The Senate has passed by the requisite Constitutional majority the following House bill, to-wit:
A bill to prohibit the issuing or giving away in connection with the sale of any article of goods,

TuESDAY, Ju~Y 27, 1909.

829

wa~es, etc., of cert'ain stamps conimonly called trading stamps.
The Senate has passed, by substitute, by the requisite Constitutional majority the following House bill, to-wit:
A bill to provide for the appointment of a judge of the city court of St. Marys.
The Senate has passed by the requisite Constitutional majority the following bill of the S,enate, towit:
A bill to provide a new charter for the City of Rochelle.
The Commie~ion created to inquire into the feasi-
bility of employing convicts in extending the vV. &
A. R. R., submitted the following report:

To the General Assembly of Georgia:
The Commission created by the resolution of September 5th, 1908, to inquire into the feasibility of employing convicts in extending the Western and Atlantic Railroad and report thereon to thepresent Assembly, beg leave to report as follows:
The Commission was completed after the adjournment of the last General Assembly by the appointment by the Governor of Mr. George Dole Wadley,

830

JouRNAL OF THE HousE.

of Monroe county; Mr. Paul B. Trammell, of Whitfield; Mr. W. H. Burwell, of Hancock, and Mr. Joel Hurt, of Fulton.
The Commission organized by the election of Mr. Hooper Alexander as Chairman and Mr. George Dole Wadley as Secretary.

The sum appropriated did not warrant anything like the ascertainment of actual figures by survey or other like means. The Commission confined its inquiries therefore to such sources of information a.:; were open to it without serious expen~e. They hav~ concluded and beg leave to report that a first-class standard railroad can be built on a grade of one per cent., southeastward from Atlanta to the region of the tertiary formation, and a grade of six-tenths of one per cent. from there to the sea, with a four degree curvature, at a. cost of Thirty-Six Thousand, Six Hundred and Fifty Dollars per mile; that a proper allowance in addition to this to cover the cost of maintaining the grading during the first two years and ballasting the road thereafter, should be Six Thousand Dollars per mile; that such a road can be thoroughly equipped at a cost of Thirteen Thousand Dollars per mile additional; and that complete and elaborate terminals can be acquired or constructed for an additional sum of Sixteen Thousand Dollars per mile. The Commission appends hereto a tabulated statement covering the details of these expenditures.

':l_1uESDAY, JULY 27, 1909.

831

From the amounts given, reductions are possible as may be determined upon, according to the items that may be omitted entirely or reduced in quality. By the use of convi.ct labor, the cost for grading, ballasting, tracklaying and surfacing can, in the opinion of the Commission, be reduced about Five Thousand Dollars_ per mile.

The figures reported do not include any allowance

for interest and discount during the first two years.

It is the opinion of the Commission that such allow-

.

.

ance should be made and that it should be treated

as chargeable to capital account or cost of construc-

tion.

The Commission is further of the opinion and so report, that such a road can be counted upon to produce a volume of business during_ the fourth year of Seyen Thousand Dollars per mile, and that the same can be operated on a ratio of 70 per cent.

The Commission is further of the opinion that the most economical source of funds for such a work is in bonds issued upon the credit of the State.

The Commission is further of the opinion that before any final and accurate estimate can be made, a preliminary survey will be necessary, and that a reliable survey of this character will cost from Ten to Fifteen Thousand Dollars.

The Commission conceives that the foregoing statement, with the tabulated figures here following,

832

JouRNAL oF THE HousE.

furnishes all the information which it can produce, with the resources at its disposal, for throwing light upon the subject submitted to it by the resolution under which it was created.
The Commission recognizes the fact that it is not within the scope of its duties to make any recomJllendation to the General AssemlJy. Nevertheless, the consideration of the subject has so forcibly brought to its attention the conditions and possibilities which may confront the State at or before the termination of the present lease, and has so impressed upon it the present inability of the State to protect its interests, that we feel constrained to suggest that the General Assembly might find it advantageous to acquire further and niore exact inforJ:!lation, and to put the State in a position where it can. obtain the means for adopting a policy of construction if it should hereafter think such course wise or necei:\sary.
Respectfully mbmitted by the Commission.
HooPER ALEXANDER,
Chairman.
GEo. DoLE WADLEY,
.J.D. HowARD,
. PAUL B. TRAMMELL,
c. w. BRANTLEY,
H. J. FuLLBRIGHT,
,JoEL HuRT,
w. H. BURWELL.

THURSDAY, JULY 27, 1909.

833

ESTIMATED COST PEH MILE OF PROJECTED RAILROAD BETWEEN ATLANTA AND SEACOAST.

Engineering ---------------$ 1,000.00 Right of Way

(Intermediate Station Grounds) ________ 600.00

Grading ___________________ 12,000.00

Bridges and Culverts________ 8,000.00

Ties ----------------------- 2,250.00

Rails ---------------------- 4,100.00

rrrack Fastenings.----------Frogs and Switches_________ 1,200.00

Tracklaying and Surfacing.__ 1,000.00

Crossings, Cattleguards and

Signs -------------------
Interlocking and Signal Apparatus ____________________

100.00 200.00

Telegraph Lines ____________ 200.00

Station Buildings, Fixtures__ 1,000.00

Shops, Roundhouses a n d

Turntables --------------Shop machinery and Tools___ 4,000.00 Water Stations ____________ 200.00

Fuel Stations ______________ 200.00

Legal Expenses ___________ _ 100.00 General Expenses _________ _ 500.00

$36,650.00

834

JOURNAL oF THE HousE.

Maintenance of Grading First
Two Years -------------- 3,000.00 Ballast -----------~-------- 3,000.00

6,000.00

Engines ___________________, 3,000.00
Passenger, Baggage and Mail Cars -------------------- 1,000.00
].,reight Cars _______________ 9,000.00

13,000.00

Terminals- including gram elevators, storage warehouses, docks and wharves, electric light and power plants, gas making plants a n d miscellaneous struc-
tures --------------------

16,000.00

At the time of submitting the above report, Mr. Alexander, of DeKalb, obtained unanimous consent to file the following dissent of opinion as to the estimate of cost of CQnstruction:

Mr. Speaker:
I present herewith the report of the Western & Atlantic Commission appointed under an Act of the last legislature. In doing so, I desire, simply for the purpose of preventing future mi~conception as to my own attitude, to say that in my opinion the estimates of tlu, Commission as to cost are too large.

THURSDAY, JuLY 27, 1909.

835

I ask that this expression be entered with the report on the journal of the House.
HooPER ALEXANDER.

Mr. Alexander, of DeKalb, Chairman of the Western and Atlantic R. R. Committee, submitted the following report:

Mr. Speaker:
Your Committee on the Western & Atlantic Railroad have had under consideration House Resolution No. 11, the same being a resolution directing the Governor to purchase certain lands in Hamilton county in the State of Tennessee and direct me as their Chairman to report the same back with the recommendation that it do pass as amended by the Committee.
The Committee have also had under consideration House Bill No. 95, the same being a bill for establishing the office of Special Agent for the affairs of the Western & Atlantic Railroad and instruct me to report the same back with tha recommendation that it do pass as amended by the Committee.
HooPETI. ALEXANDER,
Chairman W. & A. R. R. Committee.

836

JouRNAL OF THE HousE.

Mr. Barrett, Chairman of the Penitentiary Committee, submitted the following report:

Mr. Speaker:
Your Committee on Penitentiary has had under consideration the following bill, which they instruct me to report to the House wit]). the recommendation that it do pass:
'
H. B. No. 312,to repeal Section 17 of the Convict Act approved September 19, 1908.
FERMOR BARRETT, Chairman.
, Mr. Calbeck, Chairman of the Committee on Academy for the Blind, submitted the following report:

Mr. Speaker:
Your Committee on the Academy for the Blind had under consideration House Resolution No. 100, which provides for the Committees to visit the Academy while the General Assembly is not in session.
Your Committee instructs me to report House Resolution No. 100 back with a recommendation that it do pass.
0. CALBECK, Chairman.

THURSDAY, JULY 27, 1909.

837

Mr. Persons, Chairman of the Committee on Con-
stitutional Amendments, submitted the following rf-
port:

Mr. Speaker:

Your Committee on Constitutional Amendments

have had un'der consideration H. B. No. 74, and re-

port the same back to the House with recommenda-

tion that it do pass.

'

PERSONs, Chairman.

July 27th, 1909.

Mr. McMichael, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following House bills and resolutions and instruct me as its Chairman to report as follows:
House Bill No. 542 do pass. House Bill No. 576 do pass. House Bill No. 593 do pass. House Resolution No. 29 do not pass.
0. H. McMrcHAEL, Chairman.

838

JouRNAL oF THE HousE.

Mr. J ohnsori, of Bartow, Chairman of the Committee on General Agriculture, submitted the following report :

Mr. Speaker:
Your Committee on General Agriculture have had under consideration the following House bill and have instructed me as their Chairman to report the same back with the recommendation that same do pass:
H. B. No. 445. A bill entitled an Act to legalize certain stock law fences, and for other purposes.
JoHNSON, of Bartow, Chairman.
Mr. H;all, Chairman of Committee on Gene1,al Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary have bad under consideration the following bill of the Senate and instruct me as their Chairman to report same back to the House with the recommendation that same do not pass, to-wit:

THURSDAY, JuLY 27, 1909.

839

A bill to give judges of criminal courts the pow~.;r :md authority to suspend sentences in crrtain cases.
Respectfully submitted,
J. H. HALL, Chairman.

Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary lias had under consideration the following bills and instruct me to report them with recommendation as follows:
H. B. No. 360. To amend the Charter of the City of Atlanta. Do pass.
H. B. No. 361. To repeal the Act incorporating the town of Oakland City. Do pass.
H. B. No. 460. To change the time of holding Dodge Superior Court. Do pass.
H. B. No. 520. To amend local Act relativ~ to water and light commission of Marietta, Ga. Do pass.

s4o

JouRNAL OF THE HousE.

Senate Bill No. 10. Repealing an Act establishing City Court of Dawson. Do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

Under the head of unfinished business the General Tax Act was again taken up, to~wit:

By Mr. Reid, of Campbell-

A bill to levy and collect a tax for the support and maintenance of the Executive, Judicial and Legislative Departments of State Government and State Institutions:

1\fr. Lovejoy, of Troup, moved to reconsider the action of the Hou~e in adopting the amendment of Mr. Hill, of M~nroe, to strike from Sec. 2 the whole of paragraph 38 and insert a new paragraph which proposed to levy a tax of 10 cents per gallon on all soft drinks and beverages.''

On. the adoption of the motion to reconsider the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Anderson of Bulloch Atherton

Alexander of DeKalb Anderson of Chatham Atkinson

Alexander of FultCJu Armistead

Ault

THURSDAY, JULY 27, 1909.

841

Barksdale Barrett Beasley Bell Booker Brown of Carroll Brown of Fulton Brown of Murray Burch Buxton Carswell Carter Chandler Converse Couch Cureton Daniel Davis Ellis Ellison English Faircloth Fender Field of DeKalb l!'ields of Crisp Fullbright

Garlington

McCrory

Gillis

McElreath

Guyton

McMahan

Hall

McWhorter

Hardman of Jackson Oliver

Harrington

Parker of Decatur

Harvey

Paulk

Henderson of Irwin Peacock

Hendricks

Persons

Holder of Floyd

Pierce

Holtzclaw

Pope

Huie

Porter

Joiner

Price

Jones of Meriwether Reaves

Kelley

Reese

Lawrence

Reid of Campbell

Littleton

Reid of Macon

Lord

Roberts

Lovejoy

Simpson

Milikin

Slade

Mitchell

Tuggle

Moore

Turner

MacFarland

Vinson

MacintyrE'

Wasden

McArthur

Wight of Grady

McCarthy

Wright of Floyd

Those voting in the negative were Messrs:

Allen Alley Bagley Baker Beacham . Boyd Berry Brinson of Decatur Brinson of Emanuel Brown of Henry Butt Calbeck Cannon

Childs Cooke Cordell Cowan Culberson Drawdy Edmondson Edwards Elder Ford Gastley Graddick Griffin of Sumter

Griffin of Twiggs

Hatfield

Heard

Helms

Henderson of Turner

Hill

Hubbard

Hullender

.

Johnson of Bartow

Johnson of Jeff Davis

Johnson of Towns

Jones of Laurens

Jones of Mitchell

842

JouRNAL OF THE HousE.

Kendrick Kicklighter Kidd Kirby Lewis Marshall Meadows of Telfair Meadows of Toombs Miller of Ware Minter Moss McConnell . McCurry McCutchen

McMichael of Butts Parker of Talbot Proctor Redding Reid of Putnam Roge.rs Sheppard Shirley Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Stubbs Tarver

Tracey Turnipseed Upshaw Waddell Walters Watkins White of Screven Whiteley Williams Wohlwender Wood Woodli1f

Those not voting were Messrs. :

Bailey Dickson Evans Godley Hardeman of J eft's 'n Howell.

Keith Kennedy Middlebrooks Miller of Calhoun McMichael of Marion Rentz

Rosser Simmons Strong Tippins Wright of Stewart Mr. Speaker

The roll call was verified and on counting the vote it was found that the ayes were. 87, nays 79. The motion to reconsider therefore prevailed.

Mr. Ellis, of Bibb moved to adjourn which motion prev'ailed and the Speaker announced the House adjourned until 9 o'clock tomorrow morning.

...

WEDNESDAY, JuLY 28, 1909.

843

ATLANTA, GEORGIA,
WEDNESDAY, JULY 28, 1909.
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.
By unanimous consent the following resolution was read, to-wit:
By Mr. Butt, of Fannin-
A resolution to liJnit individual speeches to ten minutes on the General Tax Act.
Mr. Alexander, of Chatham, moved to amend by excepting Sec. 7.
The amendment was adopted.
The resolution was then adopted as amended.
On motion of Mr. Reid, of Campbell, the House reconsidered its action in adopting the above resolution.

844

JouRNAL OF THE HousE.

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

By Mr. Barrett, of Stephens-
A bill to amend the Charter of the City of Toccoa, relative to the election of Mayor.
Referred to Committee on Corporations.

By Mr. Barrett-

A bill to amend the Charter of the City of Toccoa, relative to sewerage.
Referred to Committee on Corporations.
By Messrs. Meadows, of Toombs and Faircloth-
A bill to amend Sections 382 and 383, Vt'tiume 1 of the Code relative to manner of changing county lines.
Referred to Committ~e on General Judiciary.

By Mr. Griffin, of Twiggs-
A bill to create a new Charter for the City of J effersonville.
Referred to Committee on Corporations.

\V'EDNESDAY, JULY 28, 1909.

845

By Mr. Hullender, of Catoosa-
A bill to repeal. an Act to incorporate the town of Boynton.
Referred to Committee on Corporations.

By Mr. Calbeck-.
.
A bill to amend the Charter of Calhoun in Gordon county.
Referred to Committee on Corporations.

By Mr. Wright, of StewartA bill to establish the City Court of Lumpkin. Referred to Committee _on Special Judiciary.
.By Messrs. Porter, Wright and Holder, et. al.A bill to authorize the Rome and Northern R. R.
to cross the tracks of the Western & Atlantic. Referred to Committee on W. & A. R. R.

-By Mr. Slade, of Muscogee-
A bill to define water lot No. 19 in the City of Columbus.
Referred to Committee on Special Judiciary.

846

JouRNAL oF THE HousE.

By r. Beazley, of Lee-
A resolution to authorize the State Librarian to furnish Lee county with certain Georgia reports.
Referred to Committee on Public Library.

By Mr. McCarthy, of Chatham-
A bill to fix and regulate fees of Constables of Militia Districts.
Referred to Committee on Special Judiciary.

By Mr. Pope, of Brooks-
A bill to amend an Act to create the City Court of Quitman.
Referred to Committee on Special Judiciary.

By Mr. Hall, of :&ibbA bill to amend the Charter of the City of Macon. Referred to Committee on General Judiciary.

By Mr. McMichael, of Butts-
A bill. to authorize the Governor to expend the funds arising from the rental of Indian Spring to

WEDNESDAY, JuLY 28, 1909.

847

the keeping in a cleanly condition of the public comfort building.
-Referred to Committee on Special Judiciary.

By Messrs. Tuggle and LoV'ejoy-
A bill to amend an Act to create the City Court of
LaGrange.
Referred to Committee on Special Judiciary.

By Mr. McMichael, of Butts-
A bill to repeal an Act to amend Sections 1778 and 1781 of the Code.
Referred to Committee on General Judiciary.

By Mr. Wright, of Stewart-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Stewart county.
Referred to Committee on Counties and County Matters.

By Mr. Garlington./
A bill to extend the corporate limits of Summerville.
Referred to Committee 01;1 Corporations.

848

J otrRNAL oF THE HousE.

By Mr. Fields, of Crisp-

.A bill to create the City Court of Cordele. Referred to Committee on Special Judiciary.

By Mr. Fields, of Crisp-

A bill to abolish the City Court of Cordele. Referred to Committee on Special Judiciary.

Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee has had under consideration the following bills and instruct me to report them with recommendations as follows:
H. B. No. 541. "To provide a new Charter for the City of Darien. Do pass.
H. B. No. 591. To amend Charter of Cairo, Ga. Do pass.
H. B. No. 610. To confer upon counties and municipalities authority to grant franchises. Do pass.

WEDNESDAY, JULY 28, 1909.

849

H. B. No. 486. To authorize Superior Court of
Richmond county to hold six sessions a year. Do
pass.
H. B. No. 132. To amend Code, Section 3250. Do pass by substitute.
H. B. No. 294. To regulate the fees of justices of the peace in counties with certain population. Do pass.
H. B. No. 508. To amend Leesburg City Court Act. Do pass.
H. B. No. 492. To amend Section 554 of Code. Do pass.
H. B. No. 331. To amend Code, Section 5260. Do not pass.
H. B. 'No. 329. To make it unlawful to bet or offer to bet in this State. Do not pass.
H. R. No. 28. To investigate a certain bond. Do not pass.
House Bill No. 295. To grant certain privileges to Macon. Do pass.
H. B. No. 569. .To amend Charter of town of Calhoun. Do pass.
H. B. No. 505. To repeal County Court law so far as same applies to the county of Stewart. Do pass.

850

JouRNAL OF THE HousE.

H. B. No. 68. _'fo allow common carriers to grant passes to former employees. Do pass.
H. B. No. 519. To amend local Act creating Water and Light Commission for Marietta, Ga. Do pass by substitute.
Senate Bill No. 103. To change time of holding spring term of Pickens county Superior Court. Do pass.
Senate Bill No. 73. To repeal headright laws. Do pass.
Respectfully submitted,
FyLLBRIGHT, Chairman.

Mr. Ault, Chairman of the Committee on Roads .and Bridges, submitted the following report:

Mr. ~peaker:

Your Committee on Roads and Bridges having hatl under consideration House Bill No. 30, direct that the bill be reported with the recommendation that same do pass.
This July 28th, 1909. E. S. AuLT, Chairman.

WEDNESDAY, JULY 28, 1909.

851

Mr. Johnson, of Bartow, Chairman of the Committee on General Agriculture, submitted the following report:

Mr. Speaker:
Your Committee on General Agri<julture have had under consideration the following House bills and have instructed me as their Chairman to report the same back with recommendation that same do pass.
H. B. No. 424. An Act to prevent the adulteraation and sale of impure seeds.
Also the following House bills which they instruct me as their Chairman to report the same back with recommendation that same do not pass.
H. B. No. 465. An Act to regulate the sale, inspection and registration, etc., of fertilizer and fertilizer materials.
H. B. No. 496. An Act to raise the grade of fertilizer, etc.
JoHNSON, of Bartow, Chairman.
Mr. Brown, of Fulton, Chairman of the Committe~ on Hygiene and Sanitation, submitted the following report:

852

JouRNAL oF THE HousE.

Mr. Speaker:
The Committe on Hygiene and Sanitation has had under consideration the following bills of the House and instruct me to report the same back with the recommendation that they do pass:

By Mr. Brow11, of Fulton-

H. B. No. 158. A bill to. prevent the spread of tuberculosis.

By Mr. Peacock, of Pulaski-
H. B. No. 439. A bill to provide for the sanitation of bakeries, canneries, etc.

By Mr. McElreath-
H. B. No. 380. A bill to regulate the itinerant vending of medicines.
Also, the following bill do pass as amended.'

By Mr. Brown, of Fulton-

H. B. No. 296. A bill to regulate the sanitary :condition of hotels, etc.
Also the following bill do pass by substitute:

.

WEDNESDAY, JuLY 28, 1909.

853

By Messrs. Hardman and Gastley-

H. B. No. 583. A bill to provide for shipping and keeping diphtheria antitoxine, etc.
Also the following Senate bills do pass:

By Messrs. King and Calhoun-

S. B. No. 46. A bill to require passenger coaches

to be disinfected.



By Mr. Pierce, of 27th district-

S. B. No. 87. A bill to create the office of State Veterinarian.
Hespectfully. submitted,
GEo. BRowN, Chairman.

Upon request of the author House Bill No. 136 was taken from the table and placed on the calendar.
Qn motion of Mr. Jones, of Meriwether, 300 copies of the General Tax Act were ordered printed.
By unanimous consent the following bills were read the second time, to-wit:

854

J ouBNAL OF THE HousE.

By Mr. Helms, of Paulding
A bill to create a system of public schools for town of Dallas.

By Mr. Miller, of Ware-

A bill to repeal an Act to incorporate the Wares,boro School District.

By Mr. MacFarland, of Mcintosh-
A bill to ~reate a system of public schools for the City of Darien.

By Messrs. Moss and Daniel-
A bill to amend an Act to establish a system of electric lights and water works for Marietta.
By Messrs. Alexander, Brown and McElreath-

A bill to repeal an Act to incorporate the town of Oakland City.
The following bill was taken up and the Senate substitute concurred in by unanimous consent, towit:

WEDNESDAY, JuLY 28, 1909.

855

By Mr. Godley, of Camden-

A bill to provide for the appointment of a judge of the City Court of St. Marys.
Mr. Anderson, of Chatham, Vice-Chairman of the Committee on Rules, submitted the following report, and the recommendations embraced therein were adopted:
JULY 28th, 1909.

Mr. Speaker:

Your Committee on Rules have had under consideration the resolution by Mr. Reid, of Campbell, that House Bill No. 365 to make available for general purposes certain funds in the treasury arising from the sale of imitations or substitutes of beer, ale, wine and other beverages ; beg leave to report and recommend:
1st.-That said Hbuse Bill No. 365 be set as a special and continuing order immediately after the General Tax Bill shall be disposed of; provided, that if the General Appropriation Bill shall then have been reported to the House, then said bill shall be set for a. special and continuing order immediately after the disposition of the General Appropriation Bill.
2d. That debate on this report shall be limited .to

856

JouRNAL oF THE HousE.

ten minutes, and that the previous question shall then be considered ordered.
Respectfully submitted,
J. RANDOLPH ANDERSON, Vice-Chairman.

Mr. Slade, Chairman of Committee on Reformatories, submitted the following report:

Mr. Speaker:
Your Committee on Reformatories have had under consideration the following bill of the House and instruct me as their Chairman to report same back to the House with the recommendation that same do pass, to-wit:
A bill to prohibit carrying or causing to be carried into penal institutions of liquors, wines, etc.
Respectfully submitted,
JAMES J. SLADE, Chairman.
The following message was received from the Semtte through Mr. Northen, Secretary thereof:

Mr. Speaker: The Senate has passed by the requisi~e Constitu-

WEDNESDAY, JULY 28, 1909.

857

tional majority the following bills of the Senate, to-wit:
A bill to amend the Road Laws approved October 21st, 1891, as amended by Acts approved December 24, 1896, and August 3, 1903, and for other purposes.
A bill to 'provide for the collection of past due taxes.
A bill to amend Section 2059 of Volume 2 of the Code of 1895, relative to fees charged by the insurance commissiOner.
A bill to establish a Board of Osteopathic Examiners.
ATLANTA, GEORGIA, JuLY 28th, 1909.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Blackburn:
Mr. Speaker:
The Governor has approved the following bills:
A resolution to amend the inscription on the momnnent to ,General James Edward Oglethorpe.
A resolution to direct the Governor to request that the cotton plant be i:ncluded by Mr. Burbank in his experiments.

858

JouRNAL OF THE HousE.

A resolution to authorize the Treasurer to sign certain bonds.
A resolution authorizing the Governor to borrow money to. supply casual deficiencies.
A resolution requesting the Georgia representatives in Congress to use their influence towards requiring the Agricultural Department to gather certain information as to cotton supply.
An Act to provide compensation for the Commissioners of Roads in Gordon county.
An Act to rearrange the Ocmulgee and Northern Judicial Circuits.
An Act to authorize the City Council of Augusta to acquire by condemnation and other proceedings fee simple title to property.
An Act to create a river and canal commission in Augusta. .
An Act to abolish the City Court of Dalton.
An Act to amend an Act to create a City Court in the county of Calhoun. _
Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

WEDNESDAY, JULY 28, 1909.

859

Mr. Speaker:

The Committee on Corporati<.ms has had under consideration the following bills of the House and Senate and request me as their Chairman to report same back to the House with the following recommendation:
Senate Bill No. 92 do pass. House Bill No. 549 do not pass. House Bill No. 586 do pass as amended. House Bill No. 53 do pass by substitute. libuse Bill No. 606 do pass. House Bill No. 588 do pass. House Bill No. 506 do pass. House Bill No. 595 do pass. House Bill No. 557 do pass. House Bill No. 565 do pass. House Bill No. 409 do pass. House Bill No. 605 do pass. House Bill No. 604 do pass. House Bill No. 594 do pass.
Bui'T, Chairman.

860

JouRNAL oF THE HousE.

Mr. Butt, Chairman of the Committee on Corpor~ ations, submitted the following report:

M r. Speaker:
The Committee on Corporations has had 1mder consideration the following bills of the House and request me as their Chairman to report same back with the f~llowing recommendation:
House Bill No. 575 do pass. House Bill No. 350 do pass. House Bill No. 548 do pass. House Bill No. 556 do pass. House Bill No. 561 do p'ass. House Bill No. 416 do pass by substitute.
BuTT, Chairman.

Mr. Parker, Chairman of the Committee on Rail~ roads, submitted the following report:

Mr. Speaker:
Your Committee on Railroads having.had under consideration the following bills of the House and Senate instruct me as their Chairman to report to the House:

WEDNESDAY, JULY 28, 1909.

861

That House Bill No. 552, by Mr. Cureton, of Dade, do pass.
That Senate Bill No. 27, by Mr. Irwin, of 11th district, do not pass.
Respectfully submitted,
W. M. PARKER, Chairman.

The following special order was again taken up under the head of unfinished business, to-wit: ,

By Mr. Reid, of Campbell-
A bill to levy and collect a tax for the support and maintenance of the Executive, L<lgislative and .Tudicial Departments of State Government and State Institutions.
The following amendment was offered by Messrs. Hardman, Johnson, of Bartow, and Ault, of Polk, to Paragraph 52 of Section 2:
To amend by striking all after the word ''State'' in line 371 and insert the following: Upon every person, firm or corporation owning or using any automobile or similar vehicle or machine propelled by steam, gas, or gasoline, or electricity on the streets of any town or city or upon or along the public roads and highways in this State, a special license tax according to the following scale:

862

JOURNAL OF THE HoUSE

.

Upon each automobile, or similar vehiGle, or machine propelled by steam, gas or gasoline, or elec. tricity with seating capacity of not more than two passengers, operated or propelled on the streets or roads in this State, the sum of three dollars per annum.

Upon each automobile, or similar vehicle, or machine propelled by gas, steam, gasoline or electricity with seating capacity for over two and not more than two passengers, the sum of five dollars per annum.

Upon each automobile; or similar vehicle, or machine propelled by steam, gas, gasoline, or electricity with seating capacity for more than four passengers, the sum of ten dollars per annum.

Before any person, firm, or corporation shall use or operate on any street, road, or highway in this State any automobile, or similar vehicle, or machine propelled by steam, gas, or gasoline, or electricity, he shall pay the special license tax herein prescribed to the Tax Collector of the County where. such owner, lessee or user resides, or if a non-resident o.f this State, this speciallicens~ tax may be paid to the Tax Collector of any County within this State. The Tax Collector, upon payment of said license tax, shall issue a receipt or license for that year, giving the name of the owner, style and make of the machine and number thereof, and shall also keep a record of same.

.WEDNESDAY, JULY 28, 1909.

863

It is the intent of this paragraph that the license tax prescribed herein shall be paid for each calendar year, or part thereof, upon each automobile, vehicle, or machine herein described, used or operated upon the streets, roads, or public highways of this State, but nothing in this paragraph and section shall be construed to 'require the payment of this speeial an. nual license tax more than once upon the same machine during the same year.

Any person, firm or corporati?n failing to comply with the provisions of this Section shall be held and deemed guilty of a misdemeanor, a:nd upon conviction thereof, shall be punished as f~r a misdemeanm. under the laws of Georgia.

Provided, This license tax shall not apply to agents for sale of automobiles or similar vehicles and machines separately taxed in Paragraph 8 of this Section.
The license tax herein prescribed shall be a lien upon the automobile, vehicle or machine so used, without reference to the legal ownership thereof.

On the adoption of the amendment, the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Atherton

Alexander of Fulton Atkinson.

Alley

Ault

Armistead

Baker

Beasley Bell Brinson of Decatur Brown of Fulton

864

JouRNAL OF THE HousE.

Brown of Murray Hatfield

Porter

Buxton

Helms

Reid of Campbell

Calbeck

Holder of Floyd

Reid of Putnam

Cannon

Hubbard

Rogers

Carter

Hullender

Shirley

Chandler

Huie

Smith of Walton

Childs

Johnson of Bartow Stovall

Cordell

Joiner

Stubbs

Couch

Kelley

Tarver

Cowan

Kendrick

Tippins

Culberson

Kidd

Tracey

Davis

Lord,

'Turner

i>rawdy

Meadows of Toombs Tu!nipseed

Edmondson

Miller of Ware

Upshaw

Edwards

Milikin

Waddell

Elder

Minter

Walters

Ellison

McConnell

White of Screven

Faircloth

McCurry

Wight of Grady

Gastley

'McCutchen

Williams

Graddick

McElreath

Wood

Griffin of Twiggs McMichael of Butts Wright of Stewart

Hardman of Jackson McMichael of Marion

Harrington

Parker of Talbot

Those voting in the negative were Messrs:

Adams

Ellis

Allen

English

Anderson of Bulloch Pender

Anderson of Chatham Fields of Crisp

Barksdale

Ford

Barrett

Fullbright

Beacham

Garlington

Booker

Gillis

Brown of Carroll

Griffin of Sumter

Brown of Henry

Guyton

Burch

Hall

Carswell

Harvey

Converse

Heard

Cooke

Henderson of Irwin

Cureton

Henderson of Turner

Dickson

Hendricks

Holtzclaw Johnson of Jeff Davis Johnson of Towns .Jones of Laurens Jones of Meriwether Kicklighter Kirby Lawrence Lewis Littleton Lovejoy Marshall Meadows of Telfair Miller of Calhoun Mitchell Moore

WEDNESDAY, JULY 28, 1909.

865

Moss MacFarland Macintyre McCarthy McCrory McMahan McWhorter Oliver Parker of Decatur Paulk Persons

Pierce Pope Price Proctor Reaves Redding Reese Reid of Macon Roberts
~beppard
Simmons

Simpson Slade Smith of Tattnall Strong Tuggle Vinson Wasden Watkins Whiteley Wohlwender

Those not voting were Messrs. :

Bagley Bailey Berry Boyd Brinson of Emanuel Butt Daniel Evans Field of DeKalb

Godley Hardeman of J eft's 'n Hill Howell Jones of Mitchell Keith Kennedy Middlebrooks McArthur

Peacock Rentz Rosser Smith of Gilmer Woodliff Wright of Floyd Mr. Speaker

The roll call was verified and on counting the vote it was found that the ayes were 79, nays 80.

The amendment was therefore lost.

rrhe Committee proposed to amend by adding another Paragraph to Section 2 to be known as

Fifty-first. On all dogs, the sum of one dollar per head. Such tax to be enforced by levy and sale as other taxes are collected, and not to interfere with

866

JouRNAL OF THE HousE.

the imposition and collection of any municipal taxes on dogs.
. On the passage of the bill, the ayes and nays were ordered.
Before the vote could be taken, the hour of adjournment arrived, and the bj}} was taken over as unfinished business.
The sessio,n having been extended for the purpose of reading Senate bills a first and second time, and House bills a second time, the same were taken up.
The following Senate bills were read the first time, to-wit:

By Mr. Pitts, of 43rq district-
A bill to amend the road laws of this State. Referred to Committee on Counties and County Matters.

By Mr. Longley, of 37th district-
A bill to establish a Board of Osteopathic Examiners.
Referred to Committee on General Judiciary.

WEDNESDAY, JuLY 28, 1909.

867

By Mr. Perry, of 33rd district-

A bill to amend an Act providing for the collection of past due taxes to the State, Counties and Municipalities.
Referred to Committee on Education.

By Mr. Price, of 27th district-
'
A bill to protect live stock from contagious diseases.
Referred to Committee on General Agriculture.

By Mr. Price, of 27th district-

A bill to amend Paragraph 1, Section 2, Article 11, of the Constitution.
Referred to Committee on Amendments to Constitution.

By Mr. King, of 14th district-

A bill to provide a new Charter for the town of Rochelle.
Ref~rred to Committee on Corporations.

868

J ounNAL OF THE HousE.

By Mr. King, of 14th district-
A bill to amend Section 2059, Volume 2, of the Code of 1895.
Referred to Committee on Insurance.
The following Senate bills were read the second time, to-wit:

By Mr. Irwin, of 11th district-
A bill to repeal an Act to create the City Court of Dawson.

By Mr. Harrell, of 12th district-
A bill to provide for supersedeas of judgments of conviction in County and all other Courts in Georgia.

By Mr. Harrell, of 12th districtA bill to amend Section 342 of the Penal Code.

By Mr. Irwin, of 11th districtA bill to incorporate the City of Dawson.

By Messrs. King and Calhoun-
A bill to require railroads operating passenger ..
coaches to disinfect same.

, WEDNESDAY, JuLY 28, 1909.

869

By Mr. Akin, of 4th district-
A bill to repeal all laws authorizing the issue of grants of lands under head rights.

By Mr. Price, of 27th districtA bill to create the office of State Veterinarian.

By Mr. Day, of. 41st district- .
A bill to change the time o,f holding the Superior Court of Pickens County.
The following House bills were read the second time, to-wit:

By Mr. Upshaw, of Douglas-
A bill to authorize the Commissioner of Pensions to pay the widow the pension due the husband.

By Mr. Beazley, of Lee-
A bill to amend an Act to create the City Court of Leesburg.

By Messrs. Moss and Daniel-
A bill to amend an Act to create a system of electric lights and water works and sewers for Marietta.

870

JOURNAL OF THE HOUSE.

By Mr. MacFarlandA bill to provide a new Charter for the City of
Darien.
By Mr. Miller, of WareA bill to create a new Charter for the City of Way-
cross.
By Mr. Smith, of Gilm~rA bill to incorporate the City of Gilmer.

By Mr. Chandler, of FranklinA bill to incorporate the City of Carnesville.
By Mr. Reese, of GlynnA bill to amend the Charter of the City of Bruns-
wick.
By Messrs. Cannon and Gastley~ A bill to amend an Act to incorporate the town of
Tallulah Falls.
By Mr. Paulk, of BerrienA bill to amend an Act to incorporate the town of
Sparks.

WEDNESDAY, JuLY 28, 1909.

871

By Mr. McCarthy, of Chatham-
A bill to provide ot the qualification of managers of elections in certain towns and cities.

By Mr. Burch, of Laurens-
A bill to amend an Act to create a new Charter for the City of Dublin.

By Messrs. Jones, of Meriwether, Parker and Lovejoy-
A bill to incorporate the City of Manchester.

By Messrs. McCon~ell and Simpson-
A bill to amend an Act to incorporate the City of Lawrenceville.

By Mr. Ellis, of Bibb-
A bill to authorize Mayor and Council of Macon to close and sell certain streets and alleys.

By Mr. Miller, of Ware-
A bill to repeal an Act to incorporate the town of Millwood.

872

JOURNAL OF THE HousE.

By Mr. Garlington, of Richmond-

A bill to increase the number of terms of the Superior Court of Richmond County.

By Mr. Calbeck-
I,
A bill to amend the Charter of the town of Calhoun.

By Mr. Wight, of Grady-

A bill to amend the Charter of Cairo.

By Mr. Huie, of Clayton-

A bill to prevent the misbranding of agricultural seeds.

By Mr. McElreath-

A bill to regu!lte the itinerant vending of medicmes.

By Mr. Alexander, of Fulton-

A bill to authorize municipal corporations to make ~xpenditures for advertisi?g.

WEDNESDAY, JuLY 28, 1909.

873

By Mr. McMichael, of Butts-

A bill to amend an Act entitled an Act to incorporate the town of Pepperton.

By Mr. MacFarland, of Macintosh-

A resolution to pay Archibald McKinley a pension.

By Mr. Cureton, of Dade-

A bill to repeal an Act to regulate the running of freight trains on Sunday.

By Mr. Roberts, of Dodge_:_
A bill to repeal an Act to incorporate the town of Yonker.

By Mr. Gastley, of Habersham-

A bill to confer upon certain counties and municipalities the power to grant franchises.

By Mr. Wright, of Stewart-

A bill to repeal an Act to create the County Court of Stewart County.

.'

874:
By Mr. Chandler, of Franklin-
A bill to amend Section 554 of the Code.
By Mr. Peacock-
A bill to provide for the sanitation of bakeries, canneries, etc.
By Mr. Anderson, of Chatham-
A bill to punish the carrying of spirituous liquors into penal institutions.
. By Mr. McCarthy-
A bill to fix and regulate fees for Justices of the
re~ce.
By Mr. Miller, of Calhoun-
A bill to amend an Act to incorporate the City of Eqiaon.
By Mr. Chandler....-
A bill to repeal an Act to ame:p.d an Act tq in(}or-
porate the town ot Carnesville.

WEDNESDAY, JULY 28, 1909.

875

By Messrs. Kirby and Couch-
A resolution to provide for the payment of .J"ohn M. Connell.

By Mr. McElreathA resolution to pay pension due R. A. Chunn.

By Mr. Calbeck-
A resolution to pay pension to Mrs. Lucinda James.

By Mr. Calbeck-
A resolution to provide for visiting the Academy for the Blind while the General Assembly is not in session.

By Mr. Peacock~
A bill providing that the Treasurer of Georgia shall be ex-officio Bond Commissioner.

By }(-r. lleElreeth-
A bill to prov!de 1that in cases of levies by Constables upon personal property in certain Citif'!s, writfel :;ll()tice ~all be given.

876

JouRNAL 0.1<' THE JJotrl-\1:.

By Messrs. Price and Johnson, of Bartow-
A qill to regulate the running of automobiles upon
the roads of Bartow County.

By Messrs. McCarthy and Guyton-

A bill to allow common carriers to grant passes to former employees.

By Mr. Porter, of Floyd-

A bill to amend Section 3250, Volume 2, of the Code.

By Mr. Alexander, of Fulton-

A bill to establish a Board for the Examination of Accountants.

By Mr. Brown, of Fulton-
A resolution to pay pension of Mrs. Lottie E. Coker, of Fulton County.

By Mr. Moss, of Cobb-
I.
A bill to amend Section 4707, Volume 2, of the Code of 1895.

,

WEDNESDAY, JuLY 28, 1909.

877

By Mr. Drawdy, of Clinch-

A bill to amend Section 982, Volume 1, of the Code 1895.

By Mr. Drawdy, of Clinch-

A bill for the protection of persons furnishing materials and labor for the construction of public roads.

By Mr. Guyton, of Effingham-

A bill to amend Section 982, Volume 1, of the Code.

By Mr. Huie, of Clayton-

A bill to amend Paragraph 1, Section 2, Article 3, of the Constitu\ion.

By Mr. Alexander, of DeKalb-

. A bill to create the office of Special Agent for the affairs of the Western and Atlantic Railroad.

By Mr. Williams, of Madison- ..

A bill to incorporate the town of Five Forks.

878

JouRNAL oF THE HousE.

By Messrs. Hardman and Gastley-
A bill to provide for shipping to and keeping with the Ordinaries of this State diphtheritic antitoxine, etc.

By Mr. Brown, of Fulton-
A bill to regulate the sanitary conditions of lodging houses and hotels.

By Mr. Tarver, of Whitfield-
A bill to amend Section 2864, Volume 2, of th~ Code.

By Messrs. Hardman and Holder-
A bill to create a new Charter for the town of l1laysville.

By Mr. Guyton, of Effingham-
A bill to authorize the T'rustees of Effingham Academy to use certain assets held in trust for school purposes.

By Mr. Edmondson~ of ChattoogaA bill to amend Section 982, Volume 1, of the Code.

WEDNESDAY, JuLY 28, 1909.

879

By Mr. Reid, of Campbell-
A bill to repeal Section 17 of an Act to provide for the future employment of convicts.

By Mr. Roberts, of Dodge-
A bill to change the time of holding the Superior Court of Dodge County.

By Mr. Mc:Michael, of MarionA bill to legalize certain stock law fences.

By Mr. Beazley, of Lee-
A bill to declare the signing and passing of worthless checks a misdemeanor.
By Messrs. Alexander, Brown and McElreath-
A bill to amend an Act to establish a new Charter for the City of Atlanta.

By :Mr. Helms, of Paulding-
A bill to establish a public school system for the town of Dallas.
The Speaker then announced the House adjourned until 9 :00 o'clock tomorrow morning.

880

.JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
THURSDAY, JULY 29th, 1909.
I
. The House me. t pursuant to adjournment at 9:00
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.
By unanimous consent, the following bills were read the second time and re-committed, to-wit:
By Mr. Barrett, of Stephens-
A bill to amend the Charter of the City of Toccoa so as to elect the Mayor and Council for two years.
By Mr. Barrett-
A bill to amend the Charter of the City of Toccoa relative to sewerage.
By unanimous consent, the following bills were read the first time, to-wit:

THURSDAY, JULY 29, 1909.

881

By Mr. Johnson, of Jeff Davis-

A bill to create a Board of Commissioners of Roads and Revenues for J e:ff Davis County.
Referred to Committee on Counties and County Matters.

By Mr. Smith, of Tatnall-

A bill to amend an Act to incorporate the City of Collins.
Referred to Committee on Corporations.

By Mr. Tarver, of Whitfield-

A bill to appropriate $2,000 to erect a monument to General Joseph E. Johnson.
Referred to Committee on Appropriations.

By Mr. Miller, of Calhoun-

A bill to regulate the running of automobiles on highways of this State.
Ref~rred to Committee on Roads and Bridges.

882

. JOURNAL OF THE HousE:

By Mr. Hardman, of J e:fferson~

A bill to amend and consolidate the Acts incorporating the town of Wadley.
Referred to Committee on Corporations.

By Mr. Boyd, of Spalding-



A bill to prohibit the removal of any sand or dirt

from the public roads of Spalding County.

Referred to Committee on Counties and County Matters.

By Mr. Boyd, of Spalding-

A bill to amend the Charter of the City of Griffin.

Referred to Committee on Corporations.

By Mr. Henderson, of Irwin-

A bill to amend an Act to fix the corporate limits

of the City of Ocilla.



Referred to Committee on Corporations.

THURSDAY, JULY 29, 1909.

883

By Messrs. Redding and McMichael-

A bill to amend an Act to provide for the creation of Local Tax District Schools.
Referred to Committee on Education.

By Mr. Strong, of Early-.
A bill to amend an Act to create the City Court of Blakely.
Referred to Committee on Special Judiciary..

By Mr. Armistead, of Oglethorpe-
A bill to regulate the registration, sale and Inspection 6f commercial fertilizers.
Referred to Committee on General Agriculture.

By Mr. Lawrence, of Chatham-

A bill to authorize the erection of a stock fence between the Seventh and Eighth Militia Districts of Georgia.
Referred to Committee on Corporations.
..

884

JouRNAL OF THE HousE.

By Messrs. Barrett and Armistead-'-
A bill to amend an Act providing additional regulations for the registration of voters.
Referred to Committee on General Judiciary.
The following resolutions were read and referred to Committee on Rules, to-wit:

By Mr. Gastley-
A resolution to fix House Bill No. 610 as a special order.

By Mr. Boyd-
A resolution to fix House Bills Nos. 7 and 54 as special orders.

By Mr. Ellison-
A resolution to fix House Bill No. 175 as a special order.
By unanimous consent the following bills were read the second time and re-committed, to-wit:

By Mr. Fields, of Crisp-
A bill to create the City Court of Cordele.

THURSDAY, JuLY 29, 1909.

885

By Mr. Fields, of CrispA bill to abolish the City Court of Cordele.

By Mr. ChandlerA bill to incorporate the City of Carnesville.

By Mr. Chandler-
A bill to repeal an Act to incorporate Carnesville.
Upon request of the authors of House Bills Nos. 338, 426, 549, which were unfavorably reported, the same were placed upon the Calendar for a second reading.
I
By unanimous consent, the following bills were read the third time and put upon their passage, towit:

By Mr. White, of Screven-
A bill to amend an Act to create the City Court of Sylvania.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.

886

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority, was passed.

By Mr. MacFarland-

A bill to create a system of Public Schools for the City of Darien.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. MacFarland-

A bill to provide a new Charter for the City o1
Darien.
The favorable report of the Committee was .agreed. -to.
On the passage of the bill the ayes were l3U, nays 0.
The bill having received the requisite Constitu. tional majority, was passed.

Tau:asDAY, Jul-Y 29, 1909.

887

By Mr. Miller, of Ware-
A bill to repeal ~:P .A.~t to incorporate the Waresboro School District.
The favorable re,pprt of the Committee was agreed to.
On the passage of -the bill the ayes were 130, nays 0.
The bill having r~~eiveq the requisite Constitu.tional majority, was passed;

By Messrs. Wohlwender and Slade-

A bill to amend an Act to create the City Court of
Columbus.

The favorable report Qf the Committee was agreed to.
(
On the passage of the bill the ayes were 110, nays 0.

The bj.ll having reeeived the requisite Constitu-

tional majority, was passeq.



By Mr. Bea,ley, of Lee-

A bill to am~nd an Act to es-'blish the City Court

of Leesburg.



888

JOURNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 106, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Wight, of Grady-

A bill io amend the Charter of the town of Cairo.
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 0.
The bill having receiv~d the requisite Constitutional majority, was passed.

By Mr. Miller, of Ware-'

A bill to. create a new Charter for the City of \Vaycross.
The following amendment by Mi. Miller, of Ware, was adopted, to-wit:
To amend Section.::21 by striking the words '' auctioneers and peddlers,'' in line 10 of said. Section,

TJ.JU~DAY, JuLY 29, 1909.

889

and the word ''to'' in the eleventh line of said Section, and substituting in lieu thereof the words ''the sale of ice and milk, and to provide for the inspection of the same.''
The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were 120. nays 0.
The bill having received the requisite Constitutional majority, was passed, as amended.
By unanimous consent, the following bill was read the second time, re-committed, to-wit:

By Mr. Hall, of Bibb-
A bill to amend the Charter ?f the City of Macon.
The following bill was read the second time and re-referred to the Committee on General Agriculture, to-wit:

By Mr. Holtzclaw-
A bill to amend Act to prevent the adulteration of foods, etc.
The following resolution .was read and referred to the Committee on Rules, to-wit:

890

JouRNAL oF THJt Hott&E.

By Mr. Littleton, of Richmond-
A resolution to make House Bil'l No. 221 a special order.
The following message was rec~ived from .the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed, by the requisite Constitu~ional majority, the following bills of the Senate, to-wit:
A bill to amend an Act to establish a Board of Dental Examiners, and for other purposes.
A bill to amend Paragraph 3, of Section 4, of Article 3, of the Constitution, so as to provide for biennial sessions of the General Assembly.
A bill to amend the Charter of the City of Columbus.
A bill to amend an 'Act establishing the City Court of Dawson.
A bill to amend the Charter of City of Fort Valley.
The following message was received from the Senate through Mr. Northen, Secretary thereof :

THURSDAY, JULY 29, 1909.

891

Mr. 8 peaker:
The Senate has passed, by tlie requisite Constitutional majority, the following bills of the House, to-wit:
A bill to amend an Act to establish a City Court in the City of Carrollton.
A bill to amend an Act to increase the number of terms o~ Superior Court of Chatham County.
A bill to authorize the town of Palmetto to establish a system of Public Schools.
A bill to create the office of Commissioner of Roads and Revenues in and for Coffee County.
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Coffee County.
A bill to amend the Act establishing the City Court of Moultrie.
A bill to amend the Charter of the City of Newnan.
A bill to incorporate the town of Fry, m the County of Fannin.
A bill to change the time of holding the Superior Court of Greene County.

892

JouRNAL oF THE HousE.

A bill to authorize the Mayor and Council of Calhoun to construct and maintain a street crossing over theW. & A. R. R.

A bill to abolish the County Court of Irwin

County.

I

A bill to establish the City Court of Ocilla.

A bill to amend an Act to establish the City Court of Dublin.

A bill to incorporate the town of Cadwell, in the Co~nty of Laurens.

A bill to repeal an Act to incorporate the Woodberry School District.

A bill to amend an Act establishing the City Court in and for the County of Miller.

A bill to abolish the City Court of Mt. Vernon.

A bill to create the office of Commissioner of Roads and Revenues for Putnam County.

A bill to amend an Act re-incorporating the town

of Thomasville.



A bill to amend an Act to incorporate the town of Patten, in Thomas County.

T~uRsDAY, JuLY 29, 1909.

893

A bill to amend an Act to establish the City Court of Thomasville.
A bill to amend the Charter of the town of Ty Ty, in Tift County.
A bill to amend the Act creating the City Court of Tifton.
A bill to amend the Charter of Williamsville, in Walton County.
A bill to amend the Charter of City of Monroe, in Walton County.
A bill to authorize the County of Ware to issue bonds for purpose of building public roads.
A bill to amend the Act e!Oitablishing a City Court in the County of Hall.
A bill to amend, consolidate and supersede the Acts incorporating the town of Grovetown, in tlt(' County of Columbia.
A bill to amend the Charter of the town of Fairburn.
A bill to change the time of holding the Supm;ior Court of D~uglas County.
A hili to amend the Charter of the town of Chipley.
A bill to incorporate the town of Avalon.

894

JouRNAL oF THE HousE.

A bill to regulate butchering of cattle in Mitchell and Thomas Counties.
A bill to amend the Charter of the town of Fairburn.
A bill to amend the Charter of the town of Logansville, Walton County.
A bill to amend the Charter of town of Demorest, so as to submit the question of local taxation for educational purposes to qualified voters.
A bill to create the office of Commissioner of Roads and Revenues for the County of Telfair.
A bill to amend an Act to repeal an Act providing for creation of a Board of Commissioners of Roads and Revenues for Telfair County.
A bill to amend the Charter of town of Grantville.
A bill to create a County Police Force in and for the County of Chatham.
A bill to fix the compensation of the Ordinary of Stephens County, in certain cases.
A bill to amend the Charter of town of Palmetto.
A bill to amend an Act establishing the City Court of Sylvester.

THURSDAY, JULY 29, 1909.

895

A bill to amend the Charter of Greenville, Meriwether County.
A bill to incorporate the City of Ray's Mill, m the County of Berrien.
A bill to wind up the affairs of the dispensary in Bla4:ely.
By unanimous consent, the following Senate bill was read the third time and put upon its passage, to-wit:

By Mr. Day, of 41st district-

A bill to change the time of holding the spring term of the Superior Court of Pickens County.

The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 110, nays 0.

The bill having received th~ requisite Constitutional majority, was passed.



Mr. Chandler, Vice-Chairman of the Committee on

Insurance, submitted the fol1owing report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following bill:

896

JouRNAL oF THE HousE.

House Bill No. 109, and reports the same back with a recommendation that the same do pass.
Also,
House Bill No. 147, and reports the same back with a recommendation that the same do pass.
Respectfully submitted,
W. H. CHANDLER, Vice-Chairman.

Mr. Garlington, Chairman of Committee on Game and Fish, submitted the following report:

Mr. Speaker:

Your Committee on Game and Fish beg leave' to submit the following report:

House Bill No. 50. A bill for the protection of game and other purposes, do pass, as amended.

House Bill No. 418. To regulate the manner of

fishing in Little Tennessee River, do pass.



SAM F. GARLINGTON, Chairman. July 29, 1909.

Mr. McElreath, Vice-Chairman of the Committee on Ways and Means, submitted the following report:

THURSDAY, JULY 29, 1909.

897

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following bill :
House Bill No. 186, and reports the same back with a recommendation that the same do not pass.
Also,
Senate Resolution No. 14, and reports the same back with a recommendation that it do pass, as amended.
Respectfully submitted,
McELREATH, Vice-Chairman.

Mr. Macintyre, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters having duly considered the following bills, make report, to-wit:
That Senate Bill No. 18 do pass.
That House Bill No. 421 do pass, as amended.

898

JouRNAL oF THE HousE.

That House Bills Nos. 554, 597, 598, 615 and 634 do pass.
Respectfully submitted,
MAciNTYRE, Chairman.

Mr. Jones, of Meriwether, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
The Committee on Appropriations has had under consideration the following bills and instruct me as their Chairman to report the same back with the recommendation that they do pass:
House Bill No. 475. By Messrs. Brown, of Carroll, and Anderson, of Chatham. A bill to provide additional funds for maintenance of Agricultural Schools.
House Bill No. 178. By Mr. Henderson, of Irwin. A bill to appropriate $10,000 to the State Board of Entomology.
Also,
The following resolution do pass.

THURSDAY, JULY 29, 1909.

899

House Resolution No. 66. By Messrs. Holder and Hardman. A resolution to pay W. L. Williamson $100.00.
Also,
The following bill do pass1 by su?stitute: House Bill No. 443. By Mr. Jones, of Meriwether. A bill to make appropriations for ordinary expenses of State Government.
Respectfully submitted,
W. R. JONES, Chairman.

Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following bills, and instruct me to report them back with the following recommendations:
House Bill No. 558. T'o amend the Nashville City Court Act, do pass.
House Bill No. 243. To amend City Court of Ashburn, do pass.

900

Jo-uRNAL OF THE HousE.

House Bill No. 580. To repeal County Court Act as applied to Pike County, do pass.
House Bill No. 483. To repeal Act creating City Court of Barnesville, do pass.
House Bill No. 581. To- establish City Court of Zebulon, do pass, as amended.
House Bill No. 484. To repeal Act incorporating the town of Piedmont, in Pike County, do pass.
House Bill No. 633. To amend City Court of LaGrange, do pass.
House Bill No. 635. To establish City Court of Lumpkin, do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

Supplemental report:
House Bill No. 579. Create Charter for the City of Zebulon, do pass.
... House Bill No. 578. To repeal Charter of the town of Zebulon.
H. J. FuLI,BRIGHT, Chairman.

THURSDAY, JULY 29, 1909.

901

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
The Committee on Corporations has had under consideration the following bills of the House and Senate and request me as their Chairman to report same back to the House with the following recommendations :
Senate Bill No. 99 do pass. House Bill No. 574 do pass. House Bill No. 609 do pass. House Bill No. 624 do pass. House Bill No. 625 do pass.
BuTT, Chairman.

Mr. Hall, Chairman of General Judiciary Committee, submitted the following report:

Mr. Speaker:
Your Committee on General .Judiciary have had under consideration the following bills of the House and instruct me, as their Chairman, to report same back to the House with the recommendation that same do pass, to-wit:

902

JouRNAL OF THE HousE.

A bill to amend Section 4788, Code 1895, prov~d ing for notice to the parties in proceeding for partition.
A bill to detach Tatnall County from Middle Judicial Circuit and annex- same to Atlantic Judicial Circuit.
Also,
The following bills of the House with the recommendation that same do pass, as amended, to-wit:
A bill to amend Section 5403, Code 1895, relative to fees of Justices of the Peace.
A bill to authorize owner of bill of sale to personal property to secure a debt, to foreclose same.
Also,
The following bill of the House with the recommendation that same do pass, by substitute, to-wit:
A bill to codify the laws of Georgia.
Also,
The following bills of the House with the recommendation th'at same do not pass, to-wit:
A bill to provide for a new Code of laws.

THURSDAY, JULY 29, 1909.

903

A bill to amend Sections 382 and 383, Code 1895, relative to changing County lines.
Also,
The following bill of the House with the recommendation that same be read the second time andrecommitted:
A bill to amend Charter of City of Macon.
Also,
The following bill of the House with the recommendation that same be read the second time and rereferred to the Committee on General Agriculture.
A bill to amend pure food Act.
Also,
The following bills of the Senate with the recommendation that same do pass, to-wit:
A bill to establish a Board of Osteopathic Examiners.
A bill to amend Section 377, Code 1895, relative to bigamy.
Respectfully submitted,
J. H. HALL, Chairman.

904

JouRNAL OF THE HousE.

The following mes13nge 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 bills of the House, to-wit:
A bill to abolish the Board of County Commissioners of Putnam County.
A bill to amend the Charter of the City of Atlanta.
The following special order was again taken up, to-wit:

By Mr. Reid, of Campbell-

A bill to levy and collect a tax for the support and maintenance of the State Government and State institutions.
The Committee proposed to amend by adding another paragraph to Sectjon 2, to be known as
Fifty-First. On all dogs, the sum of one dollar. per head; such tax to be enforced by levy and sale as other taxes are collected, and not to interfere with the imposition and collection of any municipal taxes on dogs.

THURSDAY, JULY 29, 1909.

905

The following amendments to the above amendment were adopted, to-wit:

By Mr. Ellis, of Bibb-
To amend by adding: ''Provided, that in the event no purchaser at the sale of any dog bid the amount of said execution, that the levying officer shall cause said dog to be killed.''

By Mr. Lewis, of Hancock-

To amend by adding: ''Whether such dog or dogs be owned by the taxpayer, his wife or minor child, and any person liable for such tax and failing to pay the same, shall be guilty of a misdemeanor and punished as prescribed by law for the punishment of a misdemeanor.''
Provided, any prosecution under this Section shall be suspended on the death of the dog.

The ayes and nays having been ordered on the adoption of the paragraph of Section 2, as amended, providing for a tax on dogs, the vote was taken, which was as follows:

Those voting in the affirmative were Messrs.:

Alexan_der of DeKalb Anderson of Bullo~h Barksdale

Alexander pf Fulton Anderson of Chatham Bailey

Allen

Armistead

Beacham

Alley

Atkinson

Booker

906

JouRNAL oF THE HousE.

Boyd Brown of Fulton Brown. of Henry Brown of Murray Butt Buxton Cannon Carswell Chandler Childs Cooke Cordell Couch Cowan Culberson Dickson Edwards Elder Ellison English Fender Fields of Crisp Ford Garlington Gastley Gillis Griffin of Sumter Guyton Harrington Harvey Hatfield

Heard

MeCurry

Helms

McCutchen

Henderson of Irwin McElreath

Henderson of Turnel' McMahan

Hendricks

McMichael of Butts

Hill

McWhorter

Holder of Floyd

Paulk

Holtzclaw

Persons

Howell

Porter

Hubbard

Redding

Hullender

Reid of Putnam

Huie

Rentz

Johnson of Jeff Davis Rogers

Joiner

Simmons

Jones of Laurens Simpson

Kelley

Slade

Kendriek

Smith of Walton

Lawrenee

Stovall

Lewis

Strong

Littleton

Stubbs

Lord

Tracey

Marshall

Turnipseed

Meadows of Telfair Wasden

Meadows of Toombs Watkins

Miller of Ware

Whiteley

Milikin

Wohlwender

Minter

Woodli1f

Moore

Wright of Floyd

MacFarland

Wright of Stewart

Macintyre

MeArthur

Those voting in the negative were Messrs:

Adams Atherton Ault Bagley Baker Barrett Bell Berry

Brinson of Deeatur Brinson of Emanuel Brown of Carroll Burch Calbeck Carter Converse Cureton

Daniel Davis Edmondson Ellis Field of DeKalb Fullbright Graddick Griffin of Twiggs

THURSDAY, JULY 29, 1909.

907

Hall

Oliver

Hardman of Jackson Parker of Decatur

Johnson of Towns Parker of Talbot

Kidd

Peacock

Kirby

Pierce

Middlebrooks

Pope

Miller of Calhoun Price

Mitchell

Proctor

Moss

Reaves

McCarthy

Reese

McConnell

Reid of Campbell

McCrory

Reid of Macon

McMichael of Marion Roberts

Sheppard Shirley Smith of Gilmer Smith of Tattnall Tarver Tippins Turner Vinson Walters White of Screven Wight of Grady Williams Wood'

Those not voting were Messrs.:

Beasley Drawdy Evans Faircloth Godley Hardeman of J elfs 'n

Johnson of Bartow Jones of Meriwether Jones of Mitchell Keith Kellnedy Kicklighter

Lovejoy Rosser Tuggle Upshaw Waddell Mr. Speaker

The roll call was verified, and on counting the votes, it was found that the ayes were 103, riays 63.

The paragraph was therefore adopted, as amended.
Mr. Hall, of Bibb, moved that the Rouse reconsider its action in adopting the above paragraph, which motion prevailed.
Mr. Wright, ol. Floyd, then proposed to amend the above paragraph, as amended, which provides for a tax on dogs by striking the following words: ''and any person liable for such tax, and failing to pay

908

JouRNAL oF THE HousE.

the same, shall be guilty of a misdemeanor and punished as provided by law for the punishment of misdemeanors. Provided, , any prosecution under this Section shall be suspended on the death of the dog.''
The amendment of Mr. Wright was adopted as amended.
On motion of Mr. Reid, of Campbell, the session was extended for ten minutes for the purpose of reading bills a first time. The motion was adopted by including bills for a second reading.

ATLANTA, GEORGIA,
JULY 29th, 1909.
The following message was received .from his Excellency the Governor, through his Secretary, Mr. Blackburn:
Mr. Speaker:
I am directed by his Excellency the Governor, to deliver to the General Assembly a communication in writing.
JULY 29, 1909.
To the General A1;sembly: I have the honor to transmit to you for such con-
sideration as your wisdom may direct a copy of a

'rHUUSDAY, JULY 2!), .1!)()9.
Resolution of Congress entitled: "Joint Resolution Proposing an Amendment to the Constitution of the United States," the same being certified as correct by Honorable P. C. Knox, Secretary of State.
Respectfully, JosEPH M. BROWN, Governor.
The hour of adjournment having arrived, the following business for which the session was extended was taken up, to-wit: .
The following bills were read the first time, to-wit:
By Mr. Cureton, of Dade-
A bill to regulate the runnmg of automobiles m Dade County.
Referred to Committee on Roads and Bridges.
By Mr. Reid, of Campbell-
A bill to levy a tax as required by the Constitution to raise the sinking fund to pay off and retire valid bonds of this State as they mature.
Referred to Committee on vVays and Means.

910

JouRNAL or THE HousE.

By Mr. Meadows, of Telfair-

A bill to incorporate the City of Helena: Referred to Committee on Corporations.

By Mr. Meadows, of Telfair-

A bill to create a system of Public Schools in the

City of Helena.

,

Referred to Committee on' Education.

By Mr. W ohlwender, of Muscogee-

A bill to require mutual or co-operative :fire insurance companies to make deposit with State Treasurer.
Referred to Committee on Insurance.

The following Senate bills were read the :first time, to-wit:

By Mr. Mathews-

A bill to amend the Charter of Fort Valley. Referred to Committee on Corporations.

THURSDAY, JULY 29, 1909.

911

By Mr. Slater- .
A bill to amend Paragraph 3, Section 4, Article 3, of the Constitution.
Referred to Committee on Amendments to Constitution.

By Mr. Akin, of 4th district-
A bill to amend an Act .to establish a ,Board of Dental Examiners.
Referred to Committee on Hygiene and Sanitation.

By Mr. Irwin, of 11th district-
A bill to amend an Act to create the City Court of Dawson.
Referred to Committee oil Special Judiciary.

By Mr. Gordy, of 24th di~trid-
A bill to amend an Act to amend the new Charter of Columbus.
Referred to Committee on Corporations.
The following House bills were read the second time, to-wit:

912

JouRNAL OF THE HousE.

By Messrs. Griffin, of Sumter, Wood and McCrory-
A bill to provide for the codification of the laws of Georgia.

By Messrs. Fullbright, Slade, Ellison, et. ul.-A bill to provide for the protection of game, &c.

By Messrs. Hardman and HolderA resolution to pay W. L. Williamson $100.00.

By Mr. Upshaw, of Douglas-
A bill to fix the amount of solvent assets which mutual aid, benefit and industrial insurance companies shall maintain.

By Mr. Alexander, of FultonA bill to amend Section 4788 of the Code.

By Mr. McElreathA bill to amend Section 2013 of the Corle.

By Mr. Henderson, of Irwin-
A bill to appropriate $10,000 to State BoaYrl of Entomology.

THURSDAY, JuLY 29, 1909.

913

By Mr. White, of Screven-

A bill to amend Section 5403 of the Code.

By Mr. Henderson, of Turner-

A bill to amend an Act to create the City Court ,

of Ashburn.

-

By Mr. Cannon, of Rabun--

A bill to prohibit fishing in Little Tennessee River.

By Mr. MacFarland, of Mcintosh-

A bill to detach the county of Tatnall from the Middle Judicial Circuit.

By Messrs. Brown, of Carroll, and Anderson, of Chatham-

A bill to provide additional funds for maintenance
. of Agricultural Schools.
By Mr. Redding, of Pike-
-
A bill to repeal an Act to create the City Court of Barnesville.

914

JOURNAL oF THE HousE.

By Mr. Redding, of Pike-
A bill to repeal an Act to incorporate the town of Piedmont.

By Mr. McCutchen-.
A bill to provide the manner of selecting official County newspapers.
;>
By Messrs. Heard and Beacham-
A bill to amend an Act to amend an Act to create Board of Commissioners of Roads and Revenues for the County of Dooly.

By Mr. Paulk, of Berrien-
A bill to amend an Act to create the City Court of Nashville.

By Messrs. McConnell and Simpson-
A bill to amend a,n Act to incorporate the City of Lawrenceville.

By Mr. Redding, of Pike-
A bill to repeal an Act to repeal the Charter of Zebulon.

THURSDAY, JuLY 29, 1909.

915

By Mr. Redding, of Pike-
A bill to create a new Charter for' the City of Zebulon.
/.
By Mr. Redding, of Pike-

A bill to repeal an Act creating the County Court of Pike County.

By Mr. Redding, of Pike-

A bill to create the City Court of Zebulon.

By Messrs. Lord and Joiner-

A bill to amend the Charter of the City of Tennille.

By Mr. MacFarland-

A bill to authorize the County of Mcintosh to issue bonds for public roads.

By Mr. Roberts, of Dodge-

A bill to authorize any owner of a bill of sale to

foreclose same as mortgages on personal pr&perty

are now foreclosed.

..,. -_-.._)....

916

JouRNAL oF THE HousE.

By Mr. Calbeck, of Gordon-
A bill to amend an Act to create a new Charter for town of Calhoun.

By Mr. McCutchen-
A bill to repeal an Act, so far as the same relates to H~ard County, giving Commission~rs of Roads and Revenues the power to lay out and discontinue public roads.

By Mr. Garlington, of Richmond-
A bill to extend the Corporate limits of the village or Summerville.

By Mr. Griffin, of Twiggs-
A bill to create a new Charter for the City of J e:ffersonville.

By Messrs. Tuggle and Lovejoy-
A bill to amend an Act to establish the City Court of LaGrange.

By Mr. Wright, of Stewart-
A bill to amend an Act to create a Board of Commisswners of Roads and Revenues for Stewart _County.

THURSDAY, JuLY 29, 1909.

917

By Mr. Wright, of Stewart-
A bill to create the City Court of Lumpkin.
The Speaker then announced the House adjourned until 3 o'clock this afternoon.

3 :00 0 'CLOCK P. M.
The House re-convened at this hour and was called to order by the Speaker.
By unanimous consent, the toll call was dispensed with.
.Mr. Stubbs, Chairman of House 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 wind up the affairs of the dispensary in Blakely, to abolish the Board of Commissioners, and for other purposes.
An Act authorizing the joint Committee to visit the University and its branches during the interim of the sessions of the Legislature.

918

JouRNAL oF THE HousE.

An Act to prohibit the issuing or giving away in connection with the sale of any article of goods, wares or merchandise of certain stamps, etc., commonly called trading stamps, etc., and for other purposes.
Respectfully submitted,
J. B. STuBBS, Chairman.
Mr. McConnell, of Gwinnett, arose in his seat and made the following statement. He said:

Mr. Speaker:

ATLANTA, GEORGIA.

On yesterday when the Auto Tax Bill was before

the House, I inadventently stated that the Atlanta

Automobi1e Club was corrupt, and I find that my

source of information was not informed as to the

facts, and I want to retract this statement at thi:s

time, as I had no intention of doing this Club an in-

justice.



The General Tax Act was again taken up, to-wit: By Mr. Reid, of Campbell-

A bill to levy and collect a tax for the support of the State Government, and for other purposes.

Pending discussion on the above bill, the hour of adjournment arrived.

THURSDAY, JuLY 29, 1909.

919

Leave of absence was granted the Committee on State Sanitarium to visit the asylum at Milledgeville.
Mr. Reid, of Campbell, moved to adjourn, which motion prevailed, and the Speaker announced the House adjourned until 9 :00 o 'clo~k tomorrow mornmg.



920

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,

FRIDAY, July 30, 1909.

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 :

Ada ins

Brown of Murray

Alexander of DeKalb Burch

Alexander of Fulton Butt

Allen

Buxton

Alley

Calbeck

Anderson of Bulloch Cannon

Anderson of Chatham Carswell

Armistead

Carter

Atherton

Chandler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

Bailey

Couch

Baker

Cowan

Barrett

Culberson

Beacham

Cureton

Beasley

Daniel

Bell

Davis

Berry.

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill

I

FRIDAY) JuLY "30, 1909.

921

Holder of Floyd

Moss

Sheppard

Holtzclaw

MacFarland .

Shirley

Howell

Macintyre

Simmons

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

Johnson of Jeff Davis McCurry

Smith of i-Valton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens

McMahan

Stubbs

Jones of Meriwether McMichael of Butts Tarver

.Jones of Mitchell

McMichael of Marion Tippins

Keith

McWhorter

Tracey

Kelley

Oliver

Tuggle

Kendrick

Parker of Decatur Turner

Kennedy

Parker of Talbot

Turnipseed

Kicklighter

Paulk

Upshaw

Ki!ld

Peacock

Vinson

Kirby

Persons

Waddell

Lawrence

Pierce

Walters

Lewis

Pope

'Wasden

Littleton

Porter,

Watkins

Lord

Price

White of Screven

Lovejoy

Proctor

Whiteley

Marshall

Reaves

Wight of Grady

Meadows of Telfair Redding

Williams

Meadows of Toombs Reese

Wood

Middlebrooks

Reid of Campbell

Wohlwender

Miller of Calhoun Reid of Macon

Woodliff

Miller of Ware

Reid of Putnam

Wright of Floyd

Milikin

Rentz

Wright of Stewart

Minter

Roberts

Mr. Speaker

Mitchell

Rogers

Moore

Rosser

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

Leave of absence was gnmted the Penitentiary Coniniittee to visit the State Farm at Milledgeville.

922

JouRNAL oF THE HousE.

By unanimous consent the following bill was read the second time and recommitted, to-wit:

By Mr. Reid, of Campbell-
A bill to levy a tax as required by the Constitution to raise the sinking fund to pay o:ff and retire valid bonds.
The following bill was taken from the W. & A. R. R. by unanimous consent, read the second time and re-referred to the Committee on Railroads, to~wit:

By Messrs. Porter, Wright, Holder, et al.-
A bill to authorize the Rome and Northern R. R. to cross the tracks of theW.~ A. R. R.
By unanimous consent the following bills were read the third time and put upon their passage, to-wit:

By Mr. Ellis, of Bibb-
A bill to authorize the Mayor and Council of the City of Macon to close and sell certain parts of streets and alleys.
The favorable report of the Committee was agreed _ to.
On the passage of the bill the ayes were 130, nays 0.

FRIDAY, JuLY 30, 1909.

923

The bill having received the requisite Constitutional majority was passed.

My Messrs. Ellis, Evans, and Hall-

A bill to regulate salaries of stenographers in counties having cities of between 23,000 and 39,000 inhabitants.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Tuggle and Lovejoy-



A bill to amend an Act to amend an Act to create the City Court of LaGrange.

. The favorable report of the Committee was agreed . to.

On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority was passed.

924

JOURNAL OF THE HousE.

By Messrs. IIardman and Holder, of Jackson-

A bill to amend the Charter of the Town of Maysville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Lord and Joiner, of Washington-

A bill to amend the Charter of the City of Tennille.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. McConnel and Simpson-

A bill to amend an Act to incorporate the City of Lawrenceville.

FRIDAY, JULY 30, 1909.

925

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Alexander, Brown, and McElreath-

A bill to amend an Act to create a new charter for the City of Atlanta.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Moss and Daniel, of Cobb-

A, l1i11 to. amend an Act to create a system of
waterworks, lights and sewers in Marietta.
The substitute offen~d by the Committee was adopted.

,

926

JOURNAL oF THE HousE.

The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority was passed by substitute.

By Messrs. Moss and Daniel-
A bill to amend an Act to create a ~ystem of water and lights for Marietta.
The favorable report of the Committee was agreed , to.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. MacFarland, of Mcintosh-

A bill to authorize the County of Mcintosh to issue bonds for public roads.
The favorable report of the Committee was agreed to.

FRIDAY, JuLY 30, 1909.

927

On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. McCutchen, of Heard-

A bill to repeal an Act to authorize County Commissioners, etc., to close public roads.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140~ nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. McConnell and Simpson-

A bill to amend an Act to incorporate the City of Lawrenceville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.

928

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed.
By unanimous consent the session was extended for the purpose of reading bills a first time and second time and the third reading of two City Court bills.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite Constitu- tional majority the following bills of the House, towit:
A bill to repeal an Act to establish a public school system in the City of Wrightsville.
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the county of Johnson.
The Senate has passed by the requisite Constitutional majority the following bills of the Senate, to-wit:
A bill to provide for a county police force in coun. ties of over 90,000 population.
A bill to amend an Act to establish the City Court of Baxley.

FRIDAY, JuLY 30, 1909..

929

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

By Mr. Vinson-

A bill to empower the Mayor and Aldermen of Milledgeville to sell and convey portions of streets and alleys, etc.
Referredto Committee on Special Judiciary.

By Mr. McCarthy--

A bill to prevent the employees of certain cities from engaging in any mercantile or other kind of business.
Referred to Committee on General Judiciary.

By Mr. Cannon, of Rabun-

A bill to repeal an Act to incorporate the Town of Clayton.

Referred to ComLnittee on Roads and Bridges.

'

I

'

By Mr. Cannon-

A bill to incorporate the City of Clayton.
.~
Referred to Committee on Corporations.

930

JouRNAL o:F THE HousE.

By Mr. Littleton, (by request)-

A bill to prevent the obstructions of the edges and banks of navigable streams.
Referred to Committee on General Judiciary.

By Mr. Pierce, (by request)-

A bill to make it unlawfulfor any insurance agent, etc., to misrepresent the financial standing or worth of any insurance company.
Rferred to Committee on Insurance.

By Mr. Harrington.-

A resolution to place Mrs. Evaline Dasher on the pension ro}l.
Referred to Committee on Pensions.

By. Mr. MacFarland-

A resolution to pay Mrs. Leonora Britt the pension due her husband.
Referred~ Committee on Appropriations.

FRIDAY, JuLY 30, 1909.

931

By Mr. Alexander, of Fulton-
A resolution to appropriate money to publish Supreme Court and Court of Appeals Reports.
Referred to Committee on Appropriations.

By Mr. Carswell, of Wilkinson-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Wilkinson.
Referred to Committee on Corporations.

By Mr. Carswell-
A bill to create a Board. of Commissioners of Roads and Revenues for the County of Wilkinson.
Referred to Committee on Corporations.
Upon request of the author, House Resolution No. 65 was recommitted to the Committee on Pensions.

By Mr. Anderson, of Chatham-
A resolution to pay G. K. Vason $82.50 for services rendered as sergeant-at-arms to joint Committee to investigate the suspension of Ron. S. G. Me Lendon from the Railroad Commission.
Referred to Committee on Appropriations.

932

JouRNAL OF THE HousE.

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

By Mr. Anderson, of Chatham-
A resolution to disapprove the suspension of Hon. S. G. McClendon of the Railroad Commission.

By Mr. MacFarland, of Mcintosh-
A resolution to set House Bill No. 420 as a special order.

By Mr. Reid, of Campbell-
A resolution to set House Bill No. 653 as a special order.

By Mr. Alexander, of DeKalb-
A resolution to set House Bill No. 11 as a special order.

By Mr. Hardeman, of Jefferson-
A resolution to make substitute for New County Bills a special order.
By unanimous consent, the following bills were read the second time, to-wit:

FRIDAY,. JuLY 30, 1909.

933

By Mr. Slade, of Muscogee-
A bill to define water lot No. 19, in the City of Columbus, and confirm the title thereto in the Eagle & Phoenix Mills.

By Mr. Hardeman, of Jefferson-
A bill to conso~idate the Acts to incorporate the town of '\Vadley.
The above bill was recommitted.
By unanimous consent, House Bill No. 629 was taken from Special Judiciary, and recommitted to the Committee on Appropriations.
The following communication was read-
JULY 30, 1909.

Hon. John N. Holder,
Speaker of The House,
Hall of Representatives,
Atlanta, Ga., My Dear Sir:-
Will you kindly extend to members of the House, who are master masons. in good standing, a cordial invitation to attend a special communication ofGate

934

JouRNAL oF THE HousE.

City Lodge, No.2, F. and A.M., to be held in Masonic Temple, corner Peachtree and Cain streets, Atlanta, 7:30 o'clock sharp, this Friday evening.
I thank you for your kindly consideration.
Sin~erely yours,
RoYAL DANIEL,
Worshipful Master.

Mr. McMichael, chairman of the Committee on Education, submitted the following report:-

Mr. Speaker:
Your Committee on Education has had under consideration certain bills and instruct me as its chairman to report as follows:
House Bill No. 323 do pass, as amended. House Bill No. 608 do pass, as amended. House Bill No. 280 do pass, as amended. House Bill No. 464 do pass.
Respectfully submitted, E. H. McMICHAEL, Chairman.

FRIDAY, JULY 30, 1909.

935

Mr. Fullbright, chairman of the Special J~diciary, submitted the following report:-'-

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and direct me as their chairman to report them with recommendations, as follows-
House Bill No.ll. To abolish the fee bill of Solicitor General do not pass.
. House Bill, No. 12. To modify and prescribe the duties of the Judge of the Superior Court do not pass.
House Bill No. 13. To modify and prescribe the duties of the clerk of Superior Court, do not pass.
House Bill No. 198. To increase the salary of Solicitor General do ~ot pass.
House Bill No. 337. To amend an Act relative to appropriations to public libraries iii Bibb County do pass.
House Bill No. 383. To prescribe in what instances Bills of Indictment may be drawn do pass as amended.
House Bill No. 566. To amend City Court' of Fitzgerald do pass.

936

JouRNAL oF THE HousE.

House Bill No. 617. To confirm the title to a certain lot in the City of Columbus do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

Mr. Persons, chairman of the Constitutional Amendments Committee, submitted the following report:

Mr. Speaker:
Your Committee on Constitutional Amendments has had under consideration Senate Bill No. 93, and authorize me as their chairman to report the same back to the House with the recommendation that it do not pass.
Also the following House Bills No. 112, 267, 304, 534, 538, 551 and 568, all of which are proposed amendments to Article 11 (eleven). Section 1 (one) paragraph 1 (one) and sub-paragraph 2 (two) of the Constitution of Georgia relative to the creation of new committees, to which the Committee has offered a substitute to all of said House bi~ls, which said substitute was adopted a~ amended and the Committee authorizes me as their Chairman to report all of said bills back to the House with recommendations that they do pass as amended by substitute.

FRIDAY, JuLY 30, 1909.

937

~Phe chairman of this Committee recommends that said substitute be considered by the House when House Bill No. 112 is reached on the calendar for final consideration.
PERSONs, Chairman.
Mr. Reid, of Campbell, Chairman of the ~ays and Means Committee, submitted the following report:-'

Mr. Speaker:
Your Committee on Ways and Means have had under consideration House Bill No. 653.
Being a bill to levy and collect a tax to raise a sinking fund as required by the Constitution, and they instruct me as their chairman to report the same back to the House with the recommendation that the same do pass.
c. s. REID,
Chairman.
Mr. Jones, of Meriwether, Chairman of the Committee on Appropriations, submitted the following report:-

Mr. Speaker:
The Committee on Appropriations has had under consideration the following House Resolutions and

938

JOURNAL oF THE HousE.

instruct me as its Chairman to report the same back with the recommendation that they do pass to-wit:
By Mr. Calbeck- _
A resolution to refund to H. Yarborough certain moneys received from the sale of wild land lot No. 260.
By Mr. Wright, of Floyd-
A resolution to re-imburse Maj. J. D. Dunwoody, of the National Guard of Ga.
The Committee also instructs me to report the following House Resolutions do not pass, to-wit:
By Mr. Price, of Bartow-
A resolution for the relief of Chas. Goode.
By Mr. Alexander, of DeKalb-
A resolution to pay S. P. Jones $431, for services rendered at Jamestown Exposition.
By M-r. Ala~ander, of Fulton__,
A resolution to pay claim of the Mitchell Vance Co., of New York.
Respectfully submitted,
W. :a,. JONES,
Chairman.

FRIDAY, JuLY 30, 1909.

. 939

Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report-
Special Judiciary Committee.

Mr. Speaker:
Your Committee o~ Special Judiciary has had under consideration the following bills and instruct me to report them back with following recommendation:_:_
House Bill No. 497. To make valid certain contracts of minors do pass as amended.
House Bill No. 613. To establish City Court of Hazelhurst do pass.
House Bill No. 648. To amend City Court Act of Blakely do pass.
House Bill No. 514. To amend registration laws do pass as amended.
House Bill No. 612. Abolishing County Court of Jeff Davis do pass.
House Bill No. 629. Reported with request that it be recommitted to Appropriation Committee.
House Bill No. 587. Do not pass.
Respectfully submitted,
FuLLBRIGHT, Chairman..

940

JouRNAL OF THE HousE.

The following invitation was read and unammously accepted by a rising vote:

HoN. JNo. T. BOIFEUILLET, Clerk,
House of Representatives, Atlanta, Goorgia.
Dear Sir:-
On next Saturday, July, 31st, the citizens of Jackson county will assemble at the city of Jefferson for the' purpose of celebrating the fact that your body has elected as Speaker of the House, one of .Jackson 's sons, Honorable J olm N. Holder, and we hereby extend to your worthy body a cordial invitation to be present and participate in the festivities with us on that date.
Yours very truly,
SAM J. BELL,
Chairman. GEo. W. BAILEY, J. L. WILLIAMSON, Committee on Invitation.
The following special order was again taken up, to-wit:

FRIDAY, JuLY :~o, 1909.

!l-l L

By Mr. Reid, of Campbell-

A Bill to levy and collect a tax for the report of the State Government and State Institutions.
Mr. Alexander, of DeKalb, offered the following substitute for S{lction 7 of the bill, to-wit:
Mr. Alexander of DeKalb proposes the following as a substitute for Section 7 of the bill:
Section 7. Be it further enacted by the authority aforesaid that every person, firm or corporation manufacturing, keeping for sale or distribution, or selling or offering to sell any beverage, drink or liquor, made in imitation of or intended as a substitute for beer, ale, wine or whisky, or other alcoholic, spirituous, or malt liquor, shall, before engaging in any such business in any quarter of the year, pay the tax herein provided and obtain the license so to do from the ordinary of the county wherein such business is to be carried on as herein directed, and upon the terms and under the conditions hereinafter specified. That is to say those manufacturing or proposing to manufacture such imitations or substitu;tes during either of the quarters beg!inning with the months of January, April, July or October, of each year shall, before engaging in such business during the quarter, pay the tax herein provided and obtain such license for each place of business, paying for each place the sum of two hundred and fifty

942

JouRNAL 01!' nn~ Hous1~.

dollars for the quarter or for the unexpired portion thereof. In like manner, those maintaining or proposing to maintain during either of said quarters any supply depot, warehouse, distributing office, agency or other place of business where any such imitation or substitute is kept or to be kept for sale or distribution in quantities of five gallons or more, sha11, before engaging in such business during the quarter, first pay the tax herein provided and obtain such license for such place of business, paying as the tax for each place, the sum of two hundred and fifty dollars for the quarter or for the unexpired portion thereof. In like manner those selling or offering to sell any such imitation or substitute in quantities less than five gallons, or proposing to engage in such business in either of said quarters, shall before engaging in such business during the quarter, first pay the tax herein provided and obtain su~h license for each place of business, paying for each place, the sum of one hundred and twenty five dollars for the quarter or for the unexpired portion thereof. No person whomsoever shall be exempt from the duty to pay the occupation tax and take out the license as herein required.'
Paragraph Second. Application to pay said occupation tax and take out the license required by this section shall be made in writing to the ordinary of the county where the business is to be carried on, and shall particularly describe the place for which the tax is to be paid and for which license is sought,



FRIDAY, JuLY 30, 1909.

943

and shall state which of the three classes of business the applicant proposes to engage in, and whether or not he has been engaged in said business during the quarter preceding that for which license is sought. If he has been so engaged, it shall state that he has not, during said preceding quarter, under color of any license herein authorized, engaged in the sale of any beverage, drink, or liquor
prohibited by the Act approved August 6, 1907,
commonTy called the Prohibition Act and that he has not otherwise, under color of said license, violated any law of this State touching the manufacture or sale of alcoholic liquors. Said application shall further undertake and agree that the. applicant will not, under color of the license sought, manufacture or sell any beverage, drink, or liquor prohibited by said Act of August 6, 1907, in the place for which said license is sought, or keep any such beverage, drink, or liquor therein. It shall further expressly agree and consent that said place shall be subject to be entered and inspected at any time by the sheriff of the county or any deputy, with or without the order of the judge as hereinafter provided, and that samples may be taken therefrom by such officers for examination, analysis, or evidence. Said application shall be sworn to and subscribed }in person by the applicant and not by any other person for him. But in cases of application by a firm, one :rp.ember may act for the firm, and, in cases of application by a corporation, the president thereof may

'

944

JouRNAL OF THE HousE.

act. The oath shall be personally administered and attested by the Ordinary and not by any other person for him.
Paragraph Third. The ordinary shall have sole and absolute discretion to refuse such license to any person or for any place, and shall in no case grant such license unless the same be consented to in writing by all the landowners adjoining the place for which license is sought, nor until two weeks notice has been published in the paper in which the sheriff's advertisements for the county are printed. He sha1l not deliver said license until the tax and all fees and expenses, including the advertisement have been paid for, nor until the applicant has endorsed upon the application his receipt therefor, wherein he shall affirmatively express his full understanding that such license is, as all other licenses are, absolutely revocable at the pleasure of the State, and that, in case of such revocation, he has no right to reimbursement in whole or in part; nor until such applicant has given bond in the sum of five thousand dollars, payable to the Governor or his successors in office, conditioned to be forfeited in full if such license shall, under color of such license, violate any of the provisions of said act of August 6, 1907. The. Ordinary shall preserve all papers and keep a record of the tax and the license. For his entire service the applicant shall pay an additional fee of two dollars and fifty cents whic:Q. shall be for the use of the ordinary, who shall each

FRIDAY, JuLY 30, 1909.

945

month ,report fully to the Comptroller General all licenses issued and taxes collected during the preceding months, and shall remit monthly to the Treasurer of the State the full amount thereof.
Paragraph Fourth. The place of business of any person, firm, or corporation holding a license under this section shall, at all' times, be subject to inspection by the sheriff or any deputy, either of his own motion or upon the order of the judge of the Superior Court, or of any city court or county court, and such officer may take samples therefrom for examination analysis or evidence; and the judge of any such court shall issue an order for such inspection instanter whenever any person shall make oath that he has reason to believe that, under color of said license alcoholic liquor is illegally kept in said ~ place, or that alcoholic liquor is being manufactured or sold in said place in violation of law, and it shall be the duty of the sheriff to obey such order. And if .any person holding license under this section shall refuse permission to the sheriff or his deputy to make such inspection or obstruct his in the performance of such. duty, his license shall immediately become void and shall thenceforth' be no protection or authority.
Paragraph Fifth. A beverage, drink, or liquor shall be held and taken to be made in imitation of or intended as a substitute for beer, ale, wine, or whiskey, within the true meaning and intent of this act,

946

JouRNAL OF THE HousE.

without reference to the question of whether the same does or does not contain alcohol and without reference to the question of whether it is or is not intoxicating,-
First. Whenever it is represented by the manufacturer thereof or dealer therein by advertisement, print, writing, words, signs 'on houses, <;>r otherwise, to be similar in composition, taste or appearance to beer, ale, wine or whiskey.
Second. Whenever it is sold or held out to the public by such manufacturer or dealer as being similar in composition, taste or appearance to said articles, or is commonly known or reputed to be similar thereto in composition, taste or appearance.
Third. Whenever it is in fact similar in composition, taste or appearance to such beer, ale, wine or whiskey.
Fourth. Whenever it is manufactured, sold .advertised or referred to by any name or designation that is manifestly intended or designed to suggest such similarity or resemblance in composition, taste, or appearance to beer, ale, wine, or whiskey.
Notice is hereby expressly taken by the General Assembly of the fact that under the definition given in this paragraph, imitations or substitutes for beer, ale, wine or whiskey may exist, the manufacture or sale of which would violate the- provisions of said

FRIDAY, JuLY 30, 1909.

947

so called prohibition act approved August 6, 1907, as well as others the sale of which would not so violate said Act; and it is hereby distinctly provided that neither the fact of the imposition of this tax nor anything herein contained shall ever be taken to license the sale of any imitation or substitute for beer, ale, wine or whiskey:, that would violate said act of 1907, even though said imitation or substitute be included under the definitions of this paragraph. Nor shall said section in aiiy otherwise ever be taken or construed to alter, modify or repeal said prohibition law of 1907 in any way whatsoever or authorize the sale of anything by said Act prohibited.
Paragraph Sixth.. No person, firm, or corporation holding a license under this Section shall sell, distribute or offer for sale or keep on hand at his place of business, any imitation or substitute for beer, ale, wine or whiskey, or other alcoholic, spirituous, or malt liquor, except the same have plainly stamped on the containing vessel the name of the manufacturer thereof and also have pasted thereon a printed label giving a correct chemical analysis of the contents.
Paragraph Seventh. No person shall carry on either business named in this Sectj_on without first complying with all the provisions of this Act, paying said occupation tax, obtaining said license and giving said bond as herein provided.

948

JouRNAL oF THE HousE.

Section Eighth. Any person violating any of the provisions of this. Act shall be guilty of a misdemeanor and may be indicted or presented therefor, or accusation may be brought against him therefor in any court where accusations are legal, either separately or in the same indictment or presentment or accusation, if any, which charges him with any violation of any of the prohibitions of said Act of August 6, 1907, and in such case such person may be held to plead to any charge. under this Section at the same time as under said Act of 1907, and may be convicted of either or both offenses as the facts may warrant.
Paragraph Ninth. The conviction of any person for violating any pr?vision of this Act shall, without more, work a forfeiture of his license and forever disqualify him from holding any such license or from being in the employment of any other person holding such license; and any person holding such license who shall knowingly employ in said business any other person so disqualified, shall thereby forfeit his own license and be in like manner disqualified, and any person whose license is forfeited as herein p:r;ovided or who is disqualified as herein provided shall not thereafter justify under any such license held by him, but his license shall be deemed void.
Paragraph Tenth. The provisions of this section shall operate to supersede and repeal the Act ap-

FRIDAY, JuLY 30, 1909.

949

proved September 5th, 1908, providing for a similar system of taxes and licenses.
The previous question was called on the substitute and amend:rhents, which call was sustained, and the main question ordered.
The following amendment to the above substitute for SeQtion 7 of the bill was adopted, to-wit:

By Mr. Boyd, of Spalding-

To amend by adding the following:

''That nothing in this Act shall be construed to prohibit the manufacture of domestic wines by housewives for medicinal purposes from grapes, berries or such fruits, and the Prohibition Act of 1907 shall be deemed amended by this Act to the extent above stated.''
On the adoptionof the substitute as amended the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander of DeKalb Armistead Atherton Atkinson Bailey Beasley

Berry Brinson of Decatur Brown of Henry Brown of Murray Carswell Carter Chandler

Cooke Cordell Couch Cowan Culberson Dickson Drawdy

/

950

JOURNAL OF THE HousE.

Edwards Ellison English Faircloth Fender Ford Gastley Griffin of Sumter Guyton Hardman of Jackson Harrington Harvey Hatfield Helms Henderson of Irwin Henderson of Turner Hendricks Hullender Huie Johnson of Bartow Jones of Laurens Kelley

Kenddck Kidd Littleton Lord Lovejoy Meadows of Telfair Meadows of Toombs Miller of Calhoun Miller of Ware Milikin Minter Macintyre McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McWhorter Oliver Paulk

Priee
Proctor .Reaves Roberts Rogers Sheppard Shirley
Simp~ron
Smith of Tattnall Smith of Walton Stovall Stubbs Tippins Tracey Turnipseed Wadl!lell Walters White of Screven Wight of Grady Williams Wright of Floyd

Those voting in the negative were Messrs:

Alexander of Fulton Butt

Allen

Calbeck

Alley

Cannon

Anderson of Bulloch Childs

Anderson of Chatham Converse

Ault

Cureton

Barksdale

Daniel

Baker

Davis

Barrett

Edmondson

Beacham

Elder

Bell

Ellis

Booker

Field of DeKalb

Boyd

Fields of CriS'p

Brinson of Emanuel Fullbright

Brown of Carroll

Garlington

Brown of Fulton

Gillis

Burch

Grad dick

Griffin of Twiggs Hall Hardeman of Je:lfs 'n Heard Hill Holder of FJ.t'lyd Holtzclaw Hubbard Johnson of Jeff Davis Johnson of Towns Joiner Jones of M<eriwether Kirby Lawrence Lewis Middlebrooks Mitchell

FruDAY, JuLY 30, 1909.

951

Moore

Porter

Moss

Redding

MacFarland

Reese

McCarthy

Reid of Campbell

McMichael of Marion Reid of Putnam

Parker of Decatur Rentz

Peacock

Simmons

Pierce

Slade

Pope

Smith of Gilmer

Tarver Tuggle Vinson Wasden Watkins Whiteley Wohlwender Wood Woodliff

Those not voting were Messrs. :

Bagley Buxton Evans Godley Howell J()nes of Mitchell Keith

Kennedy Kicklighter Marshall McArthur Parker of Talbot Persons Reid of Macon

Rosser Strong Turner Upshaw Wright of Stewart Mr. Speaker

The roll call was verified and on counting the votes cast it was found that the ayes were 86, nays 78. The substitute was therefore adopted as amended.

Leave of absence was granted, Mr. Middlebrooks, of Newton, Mr. Marshall, of Terrell, Mr. Brown, of Carroll.

The Speaker then announced the House adjourned until 3 o'clock this afternoon.

THREE O'CLOCK P. M.
The House reconvened at this hour, and was called to order by the Speaker.



952

JouRNAL oF THE HousE.

By unanimous consent the call of the roll was dispensed with.
By unanimous consent further consideration of the General Tax Act was postponed until 10 o'Clock Monday morning.
Mr. Henderson, of Irwin, moved that the House adjourn, which motion prevailed and the Speaker announced the House adjourned until 9 o'clock tomorrow mormng.



SATURDAY, Ju. Y 31' 1909.

953

ATLANTA, GEORGIA,
SATURDAY, JuLY 31st, 1909.
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 un~nimous consent the call of the roll and the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent the following bills were read the first time, to-wit:
By Mr. Roberts, of Dodge-
A bill to amend an Act to create the City Court of Eastman.
Referred to Committee on Special Judiciary;
By Messrs. Alexander Brown and McElreath-
A resolution to pay Chas. P. Byrd $550.00. Referred to Committee on Appropriations.

954

J-ouRNAL oF THE HousE.

By Mr. Upshaw, of Douglas-
A resolution to pay Mrs. L. C. Baggett pension due her husband.
Referred to Committee on Pensions.
The following house bills and resolutions were read the second time, to-wit:

By Mr. Calbeck-
A resolution to refund certain moneys to H. Yarborough.
By Mr. Wright, of FloydA resolution to reimburse Maj. J. D. Dunwoody.

By Mr. Beazley-
A bill to permit the holder of mortgages, etc.,. to list same for taxation.
By Messrs. Kidd and BakerA bill to amend Section 1354, Volume 2 of the
Code.
By Mr. Wood, of Banks-
A bill to amend Section 1378, Volume 1 of the Code.

SATURDAY, Ju. Y 31, 1909.

955

By Mr. Ellis, of Bibb--

A bill to amend an Act relating to appropriations

to public libraries by the County of Bibb.

'

By Mr. Alley-
A bill to prescribe in what instances bills of indictment and presentments may be drawn by Solicitors General.

By Messrs. Field and Alexander, of DeKalb--
A bill to make effective Paragraph 5, Section 1, Article 11 of the Constitution.

By Mr. Adams, of Hall-
A bill to prohibit intercollegiate football and baseball games.

By Mr. Dickson, of Ben Hill-
A bill to amend an Act to establish the City Court of Fitzgerald.

By Mr. Brown, of Henry-
A bill to create a system of Public Schools in McDonough.

956

JouRNAL OF THE HousE.

By Mr. Middlebrooks, of Newton-

A bill to make valid any contract, promissory note,

etc., made by a minor.

'

By Messrs. McCrory, Davis and Beazley-
A bill to provide for and regulate the registra~ tion of voters.

By Mr. Johnson, of Jeff Davis-
A bill to abolish the County Court of Jeff Davis County.
By Mr. Johnson, of Jeff Davis-
A bill to create the City Court of Hazelhurst.
By Mr. Strong, of EarlJ:"-
A bill to amend an Act to create the City Court of Blakely.
By Mr. Gillis, of Emanuel-
/
A bill to create the new County of Cleveland.
By Messrs. Kicklighter and Tippins-
A bill to amend Paragraph 2, Section 1, Article 11 of Constitution.

SATURDAY, J u. y 31, 1909.

957

By Mr. TippinsA bill to create the new County of Bleck1y.

By Messrs. Gillis and Hardeman'
A bill to propose an amendment to Paragraph 2, Section 1, Article 11 of the Constitution.
By Messrs. Meadows and Kendrick-
A bill to propose an amendment to Paragraph 2, Section 1, Article 11 of the Constitution.

By Messrs. Anderson and Simmons, of Bulloch-
A bill to amend P~uagraph 2, Section 1, Article 11 of the Constitution.

By Mr. Tippins-
A bill to amend Paragraph 2, Section 1, Article 2, of the Constitution.
By unanimous consent the following bill was read the second time and recommitted, to-wit:

By Mr. White, of Screven-
A bill to amend and consolidate the Acts incorporating the City of Sylvania.

958

JouRNAL OF THE HousE.

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

By Mr. Henderson, of Irwin-

A resolution to make House Bill No. 178 a special order.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Smith, of Gilmer-
A bill to incorporate the city of Ellijay.
The favorable report of the Committee 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. Helms, of Paulding-

A bill to create a system of public schools for the town of Dallas.
The following amendment offered by the Committee was adopted, to-wit:

SATURDAY, Ju. Y 31, 1909.

959

To amend by striking words ''one-fifth'' whereever they occur in line 8, Section 16, and substitute ''one-fourth.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority, was passed as amended.

By Mr. Redding, of Pike-

A bill to repeal an Act to incorporate the town of Piedmont.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitu-tional majority, was passed.
By Mr. Redding, of Pike-
A bill to repeal an Act to repeal the charter of the town of Zebulon.

960

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were. 120, nays 0.
The bill having received the requisite Con~titu tional majority, was passed.

By Mr. Redding, of Pike-
A bill to create a charter for the City of Zebulon.
The favorable report of the Committee 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. Miller, of Calhoun-:-
A bill to amend an Act to incorporate the City of Edison.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.

SATURDAY, JuLY 31, 1909.

961

The bill having received the requisite Constitutional majority, was passed.

By Mr. Burch, of Laurens-

A bill to amend an Act to create a new charter for the City of Dublin.
The favorable report of the Committee 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. Guyton, of Effingham-

A bill to authorize the Trustees of Effingham Academy to use certain funds for school purposes.
rrhe favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.
Tlle bill having received the requisite Constitutional majority, was passed.

962

JOURNAL OF THE HousE.

By Mr. S. F. Miller, of Ware-
A bill to repeal an Act to incorporate the town of Millwood.
The favorable report of the Committee 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. Reese, of Glynn-
A bill to amend the charter of the City of Brunswick.
The favorable report of the Committee 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. Slade, of Muscogee-
A bill to define water lot No. 19, m the City of Columbus.

SATURDAY, JuLY 31, 1909.

963

The favorable report of the Committee 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. Hardeman, of Jefferson-

A bill to authorize the town of Wrens to create a system of Public Schools.
The favorable report of the Committee 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. Paulk, of Berrien-

A bill to amend an Act to incorporate the town of Sparks.
I
The favorable report of the Committee was agreed to.

964

JouRNAL OJ!' THE HousE.

On the passage of the bilL the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Calbeck, of Gordon-

A bill to amend an Act to create a new Charter for the town of Calhoun.
. The favorable report of the Committee' 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. Griffin, of Twiggs-

A bill to establish a new Charter for the City of J e:ffersonville.
The favorable report of the Committee was agreed to.
On the pnssnge of the bill the ayes were 120, nays 0..

SATURDAY, JuLY 31, 1909.

965

The bill having received the requisite Constitutional majority was passed.
#
By Mr. Barrett, of Stephens-
A bill to authorize the creation of a system of Public Schools in the town of Martin.
The favorable report of the Committee 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. Williams, of Madison-
A bill to incorporate the town of Five Forks.
The substitute proposed by the Committee was adopted.
The favorable report of the Committee was adopted by substitute.
On the passage of the bill the ayes were 120, nays 0.
The bill ha-ving received the requisite Constitutional majority was passed by substitute.

966

JouRNAL oF THE HousE.

' By Mr. Cannon, of Rabun-

A bill to prohibit fishing m :r.ittle Tennessee River.

The favorable report of the Committee 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. Roberts, of Dodge-
A bill to repeal an Act to incorporate the town of Yonker.
The favorable report of the Committee 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 Messrs. Parker, of Talbot, Jones, of Meriwether and Lovejoy-
A bill to incorporate the City of Manchester.

SATURDAY, JuLY 31, 1909.

967

The favorable report of the Committee 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 Messrs. Heard and Beacham-

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Dooly.
The favorable report of the Committee was agreed to.
On the pasage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Alexander, Brown and McElreath-
A bill to repeal an Act to incorporate the town of Oakland City.
The favorable report of the Committee was agreed to.

968

JouRNAL oF THE Hous:E.

On the passage of the bill the ayes were 120, nays 0.
The bill having received 'the requisite Constitutional majority, was passed.

By Mr. Garlington, of Richmond-

A bill to extend the corporate limits of the village of Summerville.
The fa~orable report of the Committee was agreed to.
naysOn th{) passage of the bill the ayes were 120, 0.
The bill having received the requisite Constitutional majority, was passed.

By. Mr. Calheck, of Gordon__:.

A bill to amend the charter of the town of Calhoun:
The favorable reportof the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.

SATURDAY, JuLY 31, 1909.

969

'11he bill having received the requisite Constitutional majority, was passed.
By Mr. Wright, of Stewart-
A bill to amend an Act to create a Board of Commissioners of Roads and Hevenues for the county of Stewart.
The favorable report of the Committee 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.
The following Senate bills were read the first time, to-wit:
By Mr. Sellars, of 3d district-
A bill to amend an Act to create the City Court of Baxley.
Referred to Committee on Special Judi~iary:
By Mr. Slaton, of 35th district-
A bill to provide for County Police. . _Referred to Committee on Counties and~ County Matters.

970

JouRNAL OF THE HousE.

The following Senate bills were read the second time, to-wit:

By Mr. Pitts, of 43d district-

A bill to amend the road laws of this State.

By Mr. Harrell, of l2th district-

A bill to amend Section 377, Vol. 3 of the Penal Code.

By Mr. Longley, of 37th district-

A bill to establish a Board of Osteopathic Examiners.

By Mr. Matthews, of 23d district-

A Resolution providing for a Joint Committee on tax returns and valuations.

By Mr. King, of 14th district-

A bill to provide a new charter of the city of Rochelle.
Th6 following Sflnate bills were read the third time arid put upon 'their passage, to~wit :

SATURDAY, JULY 31, 1909.

971

By Mr. Irwin, of 11th district-
A bill to incorporate the city of Dawson.
The favorable report of the Committee 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. Pitts of 43d district-

A bill to authorize the county of Glynn to issue bonds for road purposes.
The following amendment was adopted, to-wit:

By Mr. Reese, of Glynn-

To amend by adding at the end of Section 3 the following: "Provirkd, That if the General Aesembly shall, prior to the date of holding such eleetion, enact a general law fixing the qualification of voters for special elections, such ae herein authorized, then the provisions of such general law shall be held applicable to the elections for which provision is herein made and said election shall be held in conformity to sueh gene:ral law."

972

JouRNAL OF THE HousE;

The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.
The following bill was taken up and the Senate amendments concurred in, to-wit:

By Mr. Reid, of Putnam-

A bill to abolish the Board of Commissioners of Roads and Revenues for Putnam county.

The Senate proposed to amend as follows:
To amend by adding the following to the end of Section 1: That before said Act shall become operative it shall first be submitted to the qualified voters of Putnam county at an election to be called by the Ordinary of said county, at some date between the first and fifteenth day of September, 1909, and if a majority of votes at said election are cast in favor. of said Act the same shall become operative from and after the first day of January, 1910, at noon. At said election those desiring to vote for said Act shall have written or printed on their votes "To abolish the Board of County Commissioners," and

S.H"C"RDAY, JULY 31, 1909.

973

those desiring to vote against the Act shall have written or printed on their votes "Not to abolish the County Commissioners.'' Said election shall be held as now provided by law except that the returns thereof shall be made to the Ordinary of said county and said Ordinary shall declare the results of said election.''
The Speaker pro tern. then announced the House adjourned until 9 o'clock Monday morning.

974

JouRNAL OF THE HousE.

ATLANTA, GEORGIA'
MoNDAY, AuausT 2nd, 1909.
The House met pursuant to adjournment at 9:00
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 Saturday's .proceedings was dispensed with.
By unanimous consent, the following bills were read the third time and put upon their passage, towit:
By Mr. Redding, of Pike-
A bill to repeal an Act to create a County Court in each County in this State so far as the same relates to the County of Pike.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 130, nays 0.
rrh~ bill having received the requisite Constitutional majority, was passed.

MoNDAY, AuausT 2, 1909.

975

By Mr. Redding, of Pike-

A bill to repeal an Act to create the City Court of Pike County.
The favorable report of the Committee was agreec:l to.
Upon the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Redding, of Pike-

A bill to create the City Court of Zebulon.
The Committee proposed to amend by striking all of Section 40 and numbering remaining Sections accordingly, which was adopted.
The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed, as amended.

976

JouRNAL OF THE HousE.

By Mr. Strong, of Early-
A bill to amend an Act to establish the City Court of Blakely.
The favorable -report of the Co_mmittee was agreed to.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Barrett, of Stephens-

A resolution to provide for visiting convict camps

during vacation.

'

The favorable report of the Committee was agreed to.

On the passage of the resolution the ayes were 98, nays 12.

The resolution having received the requisite Constitutional majority, was passed.

By Mr. McElreath, of Fulton-

A bill to amend an Act to fix the time for the ad-

journment of the Superior and City Courts of this

State.

--

-

I

MoNDAY, .1\.uGUST 2, 1909.

977

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Ellis, of Bibb-
A bill to amend an Act relating to appropriations to public libraries by the County of Bibb.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 125, nays 0.
The bill having received t:he requisite Constitutional majority, was passed.

By Messrs. Tippins and Macintyre-
A bill to create lie:ns for laundrymen. Th~ favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 99, nays 4.

978

JouRNAL OF THE HousE.

The bill having received the requisite Constitutional majority, was passed.
The following bill was taken up and the Senate amendment concurred in, as amended, to-wit:

By Messrs. McMal!an, Slade and Wohlwender-
A bill to permit street railroads to grant free transportation to policemen and firemen.
The Senate proposed to amend as follows, to-wit:
To amend by inserting after -the words "department'' and before the word ''of,'' in line 6, the words ''and the marshal and their deputies.''
Also,

To amend the caption by inserting after the word ''departments'' the following words ''and the marshals and their deputies.'' '
The following amendments to the Senate amendments were adopted, to-wit:
By Messrs. Alexander, Brown and McElreath, of Fulton-
To amend by adding after the word ''deputies'' the words ''and County police officers.''

MoNDAY, AuausT 2, 1909.

979

To amend the amendment to the caption by adding after the word ''deputies'' the words ''and County police officers.''
Bills for a third reading were resumed.
By Mr. McCarthy, of Chatham-
A bill to regulate fees for Justices of the Peace of certain Militia Districts.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 13(), nays 0.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent the session of the House was extended 10 minutes for the purpose of putting House Bill No. 445 on its passage and for the introduction of new matter.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. Armistead, of Oglethorpe-
A bill to repeal an Act to incorporate the town of Crawford.
Referred to Committee on Corporations.

980

JouRNAL oF THE HousE.

By Mr. Armistead, of Oglethorpe-
A bill to incorporate the City of Crawford.
Referred to Committee on Corporations.

By Mr. Upshaw, of Douglas-
A bill to amend an Act to amend an Act to provide for the creation of Local Tax District Schools.
Referred to Committee on Education.

By Mr. Hardman, of Jackson-
A resolution to pay the pension due B. D. Wallace to his widow.
Referred to Committee on Pensions.
By Messrs. Holder and Hardman, of Jackson-
A resolution for the relief of Claud Hancock and John Bruce.
Referred to Committee on Special Judiciary.

By Mr. McElreath, of Fulton-
A resolution to make House Bills Nos. 136 and 2n special orders.
Referred to Committee on Rules.

MoNDAY, AuGUST 2, 1909.

981

By unanimous consent the following bill was read the second time and recommitted, to-wit:

By Mr. Vinson, of Baldwin-
A bill to empower the Mayor and Council of Milledgeville to sell and convey certain portions of streets and alleys.

By Mr. Anderson, of Chatham-
A resolution to pay G. K. Vason $82.50. The following resolutions were read and referred t? the Committee on Rules, to-wit:

By Mr. Sheppard, of Sumter:-
A resolution to make House Bill No. 514 a special order.

By Mr. Alexander, of Fulton-
A resolution to make Senate Bill No. 54 a special order.

By Mr. Peacock-
A resolution to make House-BillNo. n~ lt special order.

982

JouRNAL oF THE HousE.

By Mr. Davis, of Dougherty-

A resolution to make House Bill No. 404 a special order.

By Mr. Kendrick, of Taliaferro-

A resolution to make :f!:ouse Bill No. 262 a special order.
By unanimous consent House Bill No. 88 was taken from the Special Judiciary Committee andrereferred to the Committee on Counties and County. Matters.
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 amend an Act to incorporate the town ..,: Blairsville in the county of Union.
By unanimous consent the call of the roll of counties was dispensed with and the following bills were introduced, to-wit:

MoNDAY11 AuGUST 2, 1909.

983

By Mr. Chandl'er, of Franklin-

A resolution to authorize th~ State Librarian to furnish Code to S. J. Oliver.
Referred to Committee on Public Library.

By Mr. Faircloth, of JohnsonA resolution to pay W. C. Allen $10.80. Referred to Committee on Appropriations.

By Mr. Slade, of Muscogee-
A resolution to provide for the ratification by the State of Georgia of the proposed amendment to Article 16 of the Constitution of the United States.
Referred to Committee on Rules.

By Mr. M;eadows, of Telfair-

A bill to amend an Act to create a system of public schools in Lumber City.
Referred to Committee on Education.
Mr. Macintyre, Chairman of the Committee on Counties and County Matters, submitted the followtrig report :

984

JOURNAL OF TH\: HousE.

Mr. Speaker:
Your Committee on Counties and County Matters having duly considered the following bills make report, to-wit:
That H. B. No. 614. To arriend stock law,- do not pass.
That H. B. No. 642. To create Commission for Jeff Davis county, do pass.
That H. B. No. 639. To prohibit moving dirt from Spalding county, do pass.
Respectfully submitted,
W. J. MAciNTYRE, Chairman.

Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and instruct me as their Chairman to. report.
H. B. No. 622. To abolish the City Court of Cordele with the recommendation that it do not pass.
H. B..No. 623;... To establish City. Court of Cordele with recommendation that it do not .pa~: -;;.. :_

MoNDAY, AuGUST 2, 1909.

985

H. B. No. 628. To fix and regulate fees of Constables in certain Militia Districts of this State with recommendation that it do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

ATLANTA, GEoRGIA, AuGusT 2d, 1909.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Blackburn:
Mr. Speaker:
I ani directed by His Excellency the Governor to deliver to the General Assembly a communication in writing.

To the General Assembly:

AuGUST 2d, 1909.

I have the honor to transmit to you a letter from the Adjutant-General to the Governor which contains suggestions that appear to me to be appropriate. I respectfully ask that you give the same your thoughtful consideration.

JosEPH M. BROWN, Governor.

986

JouRNAL oF THE HousE.

JULY 24th, 1909.
His Excellency, JosEPH M. BROWN,
Governor of Georgia.
Dear Sir: About three years ago former Gover~ nor Terrell collected from the United States Government $29,383.11 for the troops entering the Spanish-Am~rican War with Georgia organizations. A large portion of this was immediately paid out by Governor Terrell to these troops, and before his retirement from office he transferred to this office the balance on hand and the duty of paying out that balance as the proper claims for same were presented. There is now in the Fourth National Bank, Atlanta, Georgia, to the credit of this fund the sum of $5,261.85. rrhere is no probability of but very little of this sum ever being called for, as the amount due each individual is so small-ranging from :fiftytwo cents to seven dollars. Many of these troops are now dead and others are scattered throughout the world. D~ring the last year less than $100.00 was paid out, there being an average of one or two claims presented each month.
I feel sure that not more than $1,000.00 of the sum on hand will ever be called for by these troops or their representatives. The Act of Congress approved March 3d, 1899 provides that the money collected for these troops shall never be covered into

t

MoNDAY, AuousT 2, 1909.

987

the Treasury of the State. I desire through you to present this matter to the General Assembly now in session to the end that direction may be given as to the disposition of this money.
Many of the officers and men who were members of these Georgia organizations have expressed the desire for a part of this unexpended balance to be used in placing suitable pieces in the Silver Service on the U. S. Battleship Georgia commemorative of Georgia Troops in the Spanish-American War, and of applying the balance as a loan fund to such Georgia boys and girls as may attend through the use of such funds the various educational institutions of the State.
Respectfully submitted,
A. J. ScoTT,
Adjutant-General.

The following bill was taken up by unanimous consent and the Senate amendment concurred in, to-wit:
By Messrs. Alexander, Brown and McElreath-

A bill to amend the Charter of the City of Atlanta. The Senate proposed to amend as follows:

988

JouRNAL OF THE HousE.

To amend by striking Sec. 2 and substituting therefor the following:
SEc. 2. The :Mayor and General Council of the ' ,City of Atlanta are hereby authorized and empow-
ered, in their discretion, to pave or repave any of the streets or portions of streets or public places of the City with broken stone and chert, or chert and macadam; or similar pavement, provided the assessment upon abutting property owners will not exceed the sum of thirty (30) cents per front foot on streets thirty feet in width; forty (40) cents per front foot on streets forty feet in width; and fifty (50) cents per front foot on streets fifty feet in width, without petition therefor by said abutting property owners, the laying of this character of street pavement being left entirely to the discretion of the Mayor and General Council, provided that any resolution seeking to pave a street or public place with the pavement above described shall not be passed when first introduced, but shall thereupon be referred to the Committee on Streets and the Clerk of Council shall advertise same one time in one of the daily newspape~s of the city, at least ten days before the final passage of such resolution, such advertisement giving notice of the introduction of such resolution, the streets, public place or portion thereof, proposed to be paved, the probable cost per front foot, and the property owners and others interested shall therein be notified to appear at the regular meeting of the General Council to be held following said advertise-

MoNDAY, AuGUST 2, 1909.

989

ment and make such objections as they may desire to urge. Any property owner or other person interested desiring to make objections shall arise in the Council Chamber, state his name and residence, ' the cause of his presence, and shall thereupon be recognized and permitted to .state his objections to the proposed pavement, observing alJ appropriate rules of the General Council. If no objections are made, then the General Council shall have the right, in their discretion, to pass such resolution; if objections are made, the General Council shall have the right, in their discretion, to adjudge same sufficient or insufficient and if they find same--insufficient, they are hereby empowered and authorized to order such pavement laid. When laid, an ordinance shall be passed assessing the cost thereof in accordance with the provisions of this Section and the amount thereof shall thereupon become a lien on the property of abutting property owners to the amount of the sum named in said ordinance according to the front feet of such property owners, the total cost of such pavement shall not exceed the sums above named. The city shall pay one-third of the cost of all pavement laid under the provisions of this amendment and the remainder of the cost thereof shall be assessed against the abutting property owners as above prescribed, provided that any street railway company having tracks running thro_ugh any street, public place or portion thereof paved under the provisions of this Act shall be required to pay the whole cost of paving or re-paving or otherwise improving the

990

JOURNAL oF THE HousE.

street under the provisions of this amendment for the full distance of eleven feet in width of any street, portion of street, paved or re-paved under the provisions of this Section, and the assessing ordinance shall so assert the lien and declare same at the time the other assessments are made, and in case the street railway company shall construct a track in any street, public place or portion of street after same has been paved under the provisions of this Section, it shall likewise pay for the paving, eleven feet in width of such street, public place or portion of street occupied by its tracks, according to the value of the pavement at the time, to be adjudged alone by the Mayor and General Council. Such payment shall be distributed between the owners of property abutting thereon at the time such pavements are laid in proportion to the amou!lts originally paid by the owners of property at the time the pavement was 'laid. In all cases, where streets, public places or portions of streets are paved on which street railway companies have tracks and the foregoing provisions with reference to the payment of the cost of paving or improving such streets, public place or portions of streets, are applied and the cost of paving or re-paving eleven feet thereof assessed against the street railway company then and in such event, the total cost of pavement of such street, public place or portion thereof, shall not be assessed against the abutting property owners, but such abut-. ting property owners shall only be assessed for the cost of such pavement after deducting the

MoNDAY, AuausT 2, 1909.

991

cost of pavmg, re-paving or improving assessed against the street railway company as heretofore provided, less also the sum paid thereon by the city, to-wit: One-third of such balance; that is to say, when such pavement is laid or re-laid the street railway company shall be assessed for eleven feet thereof, the city will pay one-third of the remaining cost and the balance thereof shall be assessed against the owners of property abutting thereon according to frontage, but shall in no event exceed the sums above named.
The message of the Governor received on July 29 was read and on motion of Mr. Ellis, of Bibb the same was referred to the General Judiciary Committee.
The General Tax Act was taken up and consideration of same was resumed, to-wit:

By Mr. Reid, of Campbell-

A bill to levy and collect a tax for the support of the State Government and State Institutions.
Mr. Reid, of Campbell, proposed to amend by striking the whole of Section 7 of the bill and numbering the remaining Sections accordingly.
on the adoption of the amendment the ayes and nays were ordered and the vote was as follows:

992

JouRNAL oF THE HousE.

Those vot~ng in the affirmative were Messrs.:

Alexander of. Fulton Ellis

MacFarland

Allen

Evans

McArthur

Alley

Field of DeKalb

McCarthy

Anderson of Bulloch Fullbright

McMichael of Marion

A~derson of Chatham Garlington

Peacock

Ault

GraddicK

Persons

Barksdale

Hall

Redding

Bagley

Heard

Reese

Baker

Hill

Reid of Campbell

Barrett

Howell

Reid of Putnam

Bell

Hubbard

Rentz

Berry

Johnson of Jeff Davis Simmons

Boyd

Johnson of Towns Slade

Brinson of Emanuel Jones of Meriwether Strong

Burch

Keith

Tarver

Calbeck

Kirby

Vinson

Cannon

Lawrence

Wasden

Childs

Lewis

Watkins

Converse

Middlebrooks

Whiteley

Daniel

Mitchell

Wohlwender

Davis

Moore

Wood

Elder

Moss

Woodliff

Those voting in the negative were Messrs.:

Adams

Couch

Alexander of DeKalb Cowan

Armistead

Culberson

Atkinson

Dickson

Bailey

Drawdy

Beasley

Edwards

Booker

English

Brinson of Decatur Faircloth

Brown of Henry

Fender

Brown of Murray Ford

Buxton

Gastley

Carter

Griffin of Sumter

Chandler

Guyton

Cooke

Har<}man of Jackson

Cordell

Harvey

Hatfield Henderson of Irwin Henderson of Turner Hendricks Hullender Huie Johnson of Bartow Joiner Jones of Laurens Kendrick Kennedy Kidd Littleton Lord Lovejoy

MoNDAY, AuausT 2, 1909.

993

Marshall Meadows of Telfair Meadows of Toombs Miller of Calhoun Miller of Ware Milikin Minter Macintyre McConnell McCrory McCutchen McElreath McMahan

McMie.hael of Butts McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Porter Reaves Roberts Rogers bbeppard Shirley Simpson

Smith of Tattnall Smith of Walton Stovall Stubbs Tippins '.i'racey Turnipseed Upshaw Waddell Walters Wight of Grady Wright of Floyd Wright of Stewart

Those not voting were Messrs. :

Atherton Beacham Brown of Carroll Brown of Fulton Butt Carswell Cureton Edmondson Ellison Fields of Crisp Gillis Godley

Griffin of Twiggs Hardeman of Jell's 'n Harrington Helms Holder of Floyd Holtzclaw Jones of Mitchell Kelley. Kicklighter McCurry Pierce Pope

Price Proctor Reid of Macon Rosser Smith of Gilmer Tuggle Turner White of Screven Williams Mr. Speaker

The roll call was verified and on counting the 1otes cast it was found that the ayes were 66, nays 84. The amendment was therefore lost.

On the adoption of Section 7 of the bill as amended Mr. Anderson, of Chatham, called for the ayes and nays, which call was sustained and on taking the ballot viva voce the vote was as follows:

994

JOURNAL OF THE HousE.

Those voting in the affirmative were Messrs.:

Adams

Hardman of Jackson

Alexander of DeKalb Harvey

Armistead

Hatfield

Atkinson

Helms

Bailey

Henderson of Irwin

Beasley

Henderson of Turner

Booker

Hendricks

Brinson of Decatur Hullender

Brown of Henry

Huie

Brown of Murray .Johnson of Bartow

Buxton

Joiner

Carter

Jones of Laurens

Chandler

Kendrick

Cooke

Kennedy

Cordell

Kidd

Couch

Littleton

Cowan

Lord

Culberson

Lovejoy

Dickson

Marshall

Drawdy

Meadows of Telfair

Edwards

Meadows of Toombs

Ellison

Middlebrooks

English

Miller of Calhoun

Faircloth

Miller of Ware

Fender

Milikin

Ford

Minter,

Gastley

Macintyre

Griffin of Sumter McConnell

Guyton

McCrory

McCutchen McElreath McMahan McMichael of Butts McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Porter Reaves Roberts Rogers Sheppard Shirley Simpson Smith of Tattnall Smith of Walton Stovall Stubbs Tippins Tracey Turnipseed Upshaw Waddell Walters Wight of Grady Wright of Floyd Wright of Stewart

Those voting in the negative were Messrs.:

Alexander of Fulton Baker

Allen

Barrett

Alley

Bell

Anderson of Bulloch Berry

Anderson of Chatham Boyd

Ault

Brinson of Emanuel

Barksdale

Burch

Bagley

Calbeck

Cannon Childs Converse Daniel Davis Elder Ellis Evans

MoNDAY, AuGUST 2, 1909.

995

Field of DeKalb

Lawrence

Fullbright

Lewis

Garlington

Mitchell

Grad dick

Moore

Hall

Moss

Heard

MacFarland

Hill

McArthur

Holtzclaw

McCarthy

Howell

McMichael of Marion

Hubbard

Peacock

Johnson of Jeff Davis Persons

Johnson of Towns Redding

Jones of Meriwether Reese

Keith

Reid of Campbell

Kirby

Reid of Putnam

Rentz Simmons Slade Smith of Gilmer Strong Tarver Vinson Wasden Watkins Whiteley Wohlwender Wood Woodliff

Those not voting were Messrs. :

Atherton Beacham Brown of Carroll Brown o:!' Fulton Butt Carswell Cureton Edmondson Fif'lds of Crisp Gillis

Godley Griffin of Twiggs Hardeman of Jeffs 'n Harrington Holder of Floyd Jones of Mitchell Kelley Kicklighter McCurry Pierce

Pope Price Proctor Reid of Macon Rosser Tuggle Turner White of Screven Williams Mr. Speaker

The roll call was verified and on counting the votes cast it was found that the ayes were 87, nays 67. The Section, by substitute, as amended, was, therefore, adopted.

Mr. Lewis, of Hancock, proposed to amend by adding a new Section to be known as Paragraph 23 and Section 23 to read as follows:

'' Ee it further enacted by the authority aforesaid,

996

JouRNAL oF THE HousE.

That all persons living or doing business in this State, whether natural or artificial, receiving an income of $5,000, or over, shall be assessed on snch income in excess of $5,000, one mill per centum per annum. That such persons in making their returns to the proper officers of said State, to-wit: The Tax Receiver or Comptroller-General as the case may be, shall depose on oath, what his income for the year preceding said return was in reference to the inquiry of the receiving officer, to-wit: What was your income for the year preceding the first day of Mar('h of this year.''

On the adoption of the above amendment. the ayes and nays were ordered an9. the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Guyton

Bailey

Hardman of Jackson

Baker

Hill

Beasley

Hubbard

Brinson of Decatur Hullender

Brinson of Emanuel Huie

Brown of Murray Johnson of Bartow

Childs

Jones of Laurens

Cordell

Kendrick

Culberson

Kennedy

Davis

Kidd

Drawdy

Lewis

Edwards

Middlebrooks

Elder

Miller of Calhoun

English

Milikin

Evans

Minter

Faircloth

Moss

Fender

Macintyre

Griffin of Sumter McConnell

McCrory McCutchen McMichael of Butts McMichael of Marion Parker oi Talbot Reaves Sheppard Shirley Smit2 d: Walton Sto,all Tarver Tippins Tracey Turnipseed Walters White of Screven Wood

MoNDAY, AuGusT 2, 1909.

997

Those voting in the negative were Messrs.:

Alexander of Fulton Graddick

McCarthy

Alley

Hall

McCurry

Anderson of Chatham Hardeman of Je:ffs'n McMahan

Atkinson

Hatfield

McWhorter

Ault

Heard

Oliver

Barksdale

Helms

Parker of Decatur

Bagley

Henderson of Irwin Peacock

Barrett

Henderson of Turner Persons

Booker

Holder of Floyd

Porter

Boyd

Holtzclaw

Redding

Brown of Henry

Johnson of Jeff Davis Reese

Burch

Johnson of Towns Rentz

Buxton

Joiner

Roberts

Calbeck

Jones of Meriwether Rogers

Carter

Kirby

Simmons

Converse

Littleton

Simpson

Cooke

Lord

Slade

Couch

Lovejoy

Smith of Tattnall

Cowan

Marshall

f>'trong

Daniel

Meadows of Telfair Upshaw

Dickson

Meadows of Toombs ~inson

Ellis

Miller of Ware

Wasden

Ford

Mitchell

Watkins

Fullbright

Moore

Whiteley

Garlington

MacFarland

Wohlwender

Gastley

.McArthur

Wright of Floyd

Those not voting were Messrs.:

Adams Allen Anderson of Bulloch Armistead Atherton Beaeham Bell Berry Brown of Carroll Brown 'of Fulton Butt

Cannon Carswell Chandler Cureton Edmondson Ellison Field of DeKalb Fields of Crisp Gillis Godley Griffin of Twiggs

Harrington Harvey Hendricks Howell Jones of Mitchell Keith Kelley Kicklighter Lawrence McElreath Paulk

998

JOURNAL OF THE HousE.

Pierce Pope Price Proctor Reid of Campbell Reid of Macon

Reid of Putnam Rosser Smith of Gilmer Stubbs Tuggle Turner

Waddell Wight of Grady Williams Woodli:ff Wright of Stewart Mr. Speaker

The roll call was verified and on counting the votes it was found that the ayes 'were 55, nays 78. The amefi.dment was therefore lost.

The hour of adjournment having arrived the following bill was read the third time and put upon its passage, the session having been extended for that purpose, to-wit:

By Mr. McMichael, of Marion-

A bill to legalize certain stock law fences in Georgia.

On motion of Mr. Barrett the above bill was tabled.

The hour of adjournment having arrived the Speaker announced the Hou8e adjourned until 3 o'clock this afternoon.

THREE O'CLOCK P. M.
The House reconvened at this hour and was callj:ld to order by the Speaker.
The roll was called and the following members answered to their names :

MoNDAY, AuausT 2, 1909.

999

Adams

Cureton

Alexander of DeKalb Daniel

Alexander of Fultpn Davis

Allen

Dickson

Alley

Drawdy

_\.ndersop of Bulloch Edmondson

Anderson of Chatham Edwards

Armistead

Elder

Atherton

Ellis

Atkinson

Ellison

Ault

English

Barksdale

Evans

Bagley

Faircloth

Bailey

Fender

Baker

Field of DeKalb

Barrett

Fields of Crisp

Beacham

Ford

Beasley

Fullbright

Bell

Garlington

Berry

Gastley

Booker

Gillis

Boyd

Godley

Brinson of Decatur Graddick

Brinson of Emanuel Griffin of Sumter.

Brown of Carroll

Griffin of ~wiggs

Brown of Fulton

Guyton

Brown of Henry

Hall

Brown of Murray Hardeman of Jeffs 'n

Burch

Hardman of Jackson

Butt

Harrington

Buxton

Harvey

Calbeck

Hatfield

Cannon

Heard

Carswell

Helms

Carter

Henderson of Irwin

Chandler

Henderson of Turner

Childs

Hendricks

Converse

Hill

Cooke

Holder of Floyd

Cordell

Holtzclaw

~Couch

Howell

Cowan

Hubbard

Culberson

Hullender

Huie J"ohnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Jones of Mitchell Keith Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lawrence Lewis Littleton Lord
Lov~joy
Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McMichael of Marion

1000

JouRNAL OF THE HousE.

McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce Pope Porter Price Proctor Reaves Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Rentz

Roberts Rogers Rosser Sheppard Shirley. Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Turner

Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight 9f Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

The General Tax Act was again taken up, to-wit:

By Mr. Reid, of Campbell-

A bill to levy and collect a tax for the support of the State Government and State Institutions, arid for other purposes.
The following amendments were adopted:

By the Committee-

To amend Section 7, Paragraph 8, by striking all the words between the word ''less'' line 4 and the word ''commissions'' line 5.

MoNDAY, AuGusT 2, 1~09.

1001

By Mr. Barrett-

To amend Section 6 (3), page 25, line 15, by inserting before words ''and the amount'' the following words: ''the non-taxable bonds deposited .by the company with the State Treasurer under the requirements of law."

By Committee-

To amend by striking all of second clause of Section 3, and numbering next clause No. 2.

By Mr. Anderson-

To amend Committee amendment on page 5 of printed bill by striking out words ''and real estate mortgages'' in lines 2 and 3 of said amendment.

By Mr. Reid, of Campbell-

To amend Section 4 by adding after :figures 4, in line 2, the :figure '' 5. ''

By Mr. Ellis-
To amend by striking the words. '' 300'' ll:nd insert the words '' 200.''

1002

JouRNAL OF THE HousE.

By Committee-
To amend by inserting before word ''census'' in line 3, page 23 of original bill, the word ''last.''

By Mr. Wright, of Floyd-
To amend by striking ''and any person liable for such tax and failing to pay the same shall be guilty of a misdemeanor and punished as provided by law for the punishment of misdemeanors: Provided any prosecution under this Section shall be suspended on the death of the dog.''

By Committee-
To amend by striking all of Paragraph 50, Section_ 2, and numbering remaining paragraphs accordingly.

By Committee-
To amend Paragraph 49 by striking out $25.00 and inserting $l0, also
To amend by inserting after word ''&hall'' in line 8 the word'' also.'' ,

By Mr. Reid, of Campbell-
To amend by inserting in line 336 of :printed bill after word inhabitants the words "or over."

MONDAY, AuGusT 2, 1909.

1003

By Mr. T'uggle-
To amend Section 40, line 335, by adding after the word ''elocutionary,'''' and circus companies.''
To amend by striking word "including" in line 335, and inserting words ''and upon.''

By Committee-
To amend Clause 1, Paragraph 44, by striking the words "five dollars" and insert "two and 50/100 dollars.''

By Committee-
To amend Paragraph 44 by inserting after word ''paragraph'' the figures '' 42.''

By Mr. GarlingtonTo amend by striking '' 300'' and inserting '' 200. ''

By Committee-
To amend Paragraph 42 by inserting after word ''each'' in line 5 the word ''place. ''

By Committee-
To amelld by striking all of Paragraph 39' of Sec tion 2 and inserting the following: "39. Upon all

1004

JouRNAL oF THE HousE.

persons, firms or corporations running or operating soda fountains in this State the sum of five dollars in each draught arm or other similar devices used in drawing carbo~ated water."

By Committee-
To amend by adding to end of Paragraph 38, Section 2, the following: "Provided this shall not ap-. ply to persons, firms or corporations who manufacture syrups or extracts which is bottled by such person, firm or corporation and who do not sell s~ch syrups or extracts to others and who have paid the bottlers' tax elsewhere required."

By Mr. Reid, of Campbell-

To amend by adding after word "Constitution"

in line 7, page 7, of printed bill the following: "The

tax above authorized shall be specially levied and

collected anp separate accounts of the same shall be



I

kept by the T'reasurer and the money arising there-

from shall be applied to paying off the valid bonds

of the State as they mature. The said amount so

arising in the year 1910 shall be applied to paying

off and retiring the valid "Qonds of the State matur-

ing in 1912; that raised in 1911 to payment of bonds

maturing in 1913, and so on continuously."

\

.

All bonds retired under the provisions of this Act

.shall be cm;J.Celled and stamped with the words "sink-

~ng fund'' hy the Treasurer and filed in his office.

MoNDAY, AuousT 2, 1909.

1005

By Committee-
To amend Paragraph 32 by inserting after the word "tax" in line 5, the following: "fixed in accordance with the capital stock of the corporation represented by them.''

By Mr. Culberson-
To amend Section 31 by inserting between the words "Georgia" and the word "shall" in line 203 of printed bill the words: "Except those that are not organized for pecuniary gain or profit and those that neither charge nor contemplate charging the public for services rendered.''

By Mr. Barrett-
To amend printed bill by striking lines 206 to 224 inclusive, pages 18 and 19, and inserting the followmg:
"Corporations with capital not exceeding $25,000, $5.00.
"Corporations with capital over $25,000 and not over $100,000, $10.00.
''Corporations with capital over $100,000 and not over $300,000, $25.00.
''Corporations with capital over $300,000 and not over $500,000, $50.00.

1006

JouRNAL OF THE HousE.

''Corporations with capital over $500,000 and not over $1,000,000, $75.00.
''Corporations with capital over $1,000,000, $100.

By Committee-
'l'o amend by inserting after line 205 ana before line 206 of printed bi11 the following: ''Corporations with capital not exceeding $10,000.00, $5.00.''
Also,
To amend by striking line 206 on same page and inserting ''Corporations with capital over $10,000, and not over $25,000, $10.00.''

By Mr. Reid, of Campbell-
To amend Paragraph 31 py striking the word ''upon'' in line 203, page 18 of printed bill.

By Mr. Beacham-
To amend by making each member of the Gypsy gang subject to tax.

By Mr. Hall, of Bibb-
To amend by striking the words "from each railroad'' in line 198, sub-Section 30.

MoNDAY, AuGusT 2, 1909.

1007

By Committee-
To amend by striking Paragraph 25 and inserting the following: "25." Upon the owner, manager, keeper or lessee of any skating rink in this State, where any fee or charge is made for admission, for the use of skates, or for skating or for any other purpose if in, or within two miles of the corporate limits of any city or town containing twenty thousand population, or over, the sum of two hundred dollars for each place of business.

"(2) If in or within two miles of the corporate limits of any city or town in this State having a population of under twenty thousand and not over 10,000, the sum of $100 for each place of business.

"(3) If in or within two miles of the corporate limits of any city or town in this State having a population under 10,000 and over 5,ooo, the sum of $50 for each place of business.

" (4) If in or within two miles of the corporate limits of any city or town in this State having a population of 5,000 or less, the sum of $25 for each place of business.

'' (5) And for any other place in this State beyond the limits herein set forth in this Section, the sum of $25.00 for each place of business.''

1008

JouRNAL oF THE HousE.

By Mr. Lovejoy-
To amend,by striking words ''any kind of merchandise," in line 16, Paragraph 26.

By Mr. Fullbright-
To amend Section 21 by striking all of said Section after word ''payment,'' in line 136.

By Mr. Alexander, .of Fulton-
To amend by inserting "$10," for "$50," in line 104.

By Mr. Burch-
To amend ~aragraph 17, Section 2 of H. B. No. 417, known as the General Tax Bill by striking the words "one thousand" in line 98, page 12, and inserting the words ''five hundre~. ''

By Committee-
To amend Paragraph 15, Section 2, by striking words ''50'' and inserting t '$10.00.''

By CommitteeTo amend Clause 2 of Paragraph 13 as follows:

MoNDAY, AuausT 2, 1909.

1009

After word "tobacco" in line 2, Clause 2, Paragraph 13, the words "or snuff" also by adding at the end of said clause the words ''provided this tax of :five dollars shall not be required of farmers who are not merchants and who sell only to their own tenants or croppers or employees without profit.''

By Committee-

To amend further by striking last two clauses in Paragraph 13, beginning with the word "also" in line 78, and end with the word business in line 81. . Also,
To. amend Clause 3, Paragraph 13, by inserting after word ''tobacco'' the words ''or snuff,'' also by striking the words '' $100, '' and inserting '' $50.00. ''

By Mr. Hill-

To amend Section 2, Paragraph 7 of printed bill by adding at the end of line 41 "or to~: Confederate soldiers.''

By Mr. Reid, of Campbell-

To amend Section 2, Paragraph 4, by inserting after word "paragraph" in line 25 of printed bill the word ''second'' also to amend by striking word "upon" in line 2, Paragraph 4 of printed bill.

1010

JouRNAL OF THE HousE.

By the Committee-

To amend by adding the following to Section 15: ''The Comptroller-General shall also submit to the tax payers the following question: 'What is the value of the automobile owned by yourself1 wife, or minor child~' ''

By Mr. Barrett-

To amend sub-Section 29, page 17, by adding after word "mentioned" in line 19'3 the following: "This tax shall not apply to bona fide residents of this State trading in live stock only, and the certificate of the Ordinary under seal of the home county of such person as to his permanent residence in this State shall be sufficient evidence of the same in any county of this State to relieve such person of such tax.''
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 were 101, nays 13.
The bill having received the requisite Con~titu tional majority was passed as amended, and on motion of Mr. Hall the same was ordered immediately transmitted to the Senate.

MoNDAY, AuGusT 2, 1909.

1011

The Governor's message in regard to the fund now in ~ourth National Bank to pay soldiers enlisted
from Georgia during the Spanish-American vVar
was read and referred to the Committee on Appropriations.
'l'he following bill which was set as a special order to follow the General Tax Act was read the third time and put upon its passage.

By Mr. Jones, of Meriwether-

A bill to make appropriations for the support and maintenance of the Executive, Judicial and r_.egislative Departments of State Government and State Institutions, etc., and for other purposes.
Mr. Hall, of Bibb, moved that when the House went into the Committee of the Whole, individual speeches be limited to ten minutes except the Chairman, who would be allowed unlimited time, and that Rule 13 be suspended so that the n~cessity of reading the bill in its entirety be dispensed with, and the biU be immediately considered by Sections.
Mr. Hall then moved to adjourn, which motion prevailed, and the Speaker announced the House adjourned until '9 o'clock tomorrow morning.

1012

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
TuESDAY, AuausT 3d, 1909.
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 'Yere dispensed with.
By unanimous consent the following bills were read the third time and put upon their pass~age, towit:
By Mr. Dickson, of Ben Hill-
A bill to amend an Act to create the City Court of Fitzgerald.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays '(J.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent the following bills were read the second time, to-wit:

TuESDAY, AuausT 3, 1909.

1013

By Mr. McCarthy-
A bill to fix the fees of Constables in certain Militia Districts.

By Mr. Evans, of Bibb-
A resolution to pay pension to widow of J. W. Hendricks.

By Mr. Johnson, .of Jeff Davis-

A bill to create a Board of Commissioners of Roads and Revenues for the county of Jeff Davis.

By Mr. Roberts, of Dodge-

A resolution to pay the pension due J. G. Grims-

ley.

'

By Mr. Alexander, of D~Kalb-
.
A resolution to pay Susannah A. Smith a pension.

By Mr, Boyd, of Spalding_,....

A bill to prohibit the removal of sand, or dirt from the public roads of Spalding county.

1014

JouRNAL OF THE HousE.

By J\fessrs. Simpson and McConnell-
A bill to amend an Act to provide in what manner pensions shall be paid.
By unanimous consent the following bills were read the :first time, to-wit:

By Messrs. Hardman and Holder, of Jackson~ A bill to incorporate the City of Commerce. Referred to Committee on Corporations.

By Mr. Rogers, of Randolph-
A bill to prohibit the sale of near beer in Randolph county.
Referred to Committee on Temperance.

By Mr. Roberts, of Dodge-
A bill to amend an Act to establish a system of public schools in the town of Eastman.
~~~:!'!ed to Committee on Education.

By Mr. Minter, of Fayett~ A bill to incorporate the town of Brooks. Referred to Committee on Corpotatio:ns.

TuESDAY, AuGusT 3, 1909.

1015

By Mr. Ault, of Polk-
A bill to amend an Act to amend and consolidate the Acts incorporating the town of Rockmart.
Referred to Committee on Corporations.

By Messrs. Price and- Johnson, of Bartow--;A bill to amend the Charter of Adairsville. Referred to Committee on Corporations.

By Mr. Hardman, of Jackson-

A resolution to pay D. 0. Smith and S. N. Title-

baum $612.50.



Referred to Committee on Appropriations.

By Mr. Field, of DeKalb-
A resolution to pay D. 0. Smith and S. N. Titlebaum $612.50.
Referred to Committee on Appropriations. I
By Mr. Anderson, of Bulloch-
A bill to amend the Charter of Statesboro. Referred to Committee on Corporations.
- '

1016

JouRNAL OF THE HousE.

By Mr. McArthur, of Montgomery-

A bill to incorporate the town of Alamo.
Referred to Committee on C,orporations.
By unanimous consent the following bills were read the second time, to-wit:

By Mr. Roberts, of Dodge-

A bill to amend an Act to create the City Court of Eastman.

By Mr. Henderson, of Irwin-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Irwin.

By Mr. Hall, of Bibb-

A bill to create an Auditor for State accounts.

By Mr. Hall, of Bibb-

A resolution authorizing the Governor to draw

his warrant for $4,812.57 in favor of J. Pope Brown,

State Tre'astirer.-.

, ...:

TuESDAY, AuGUST 3, 1909.

1017

By Mr. Moss, of Cobb-

A bill to authorize the Commissioner of Agricul-

ture to encourage the cultivation of corn.

'

By Mr. Faircloth, ,of JohnsonA resolution to repay W. C. Allen $10.80.

By Messrs. Vinson and Tuggle-
A bill to appropriate $25,800 to build negro refor-
matories.
By unanimous consent the following resolution was read and referred to Committee on Rules, towit:
By Mr. Porter, of Floyd-
A resolution to make H. B. No. 632 a special order.
Leave of absence was granted Mr. Culberson on account of sickness iri his family.
By unanimous consent the following bills were read the third time and put upon their passage, t()wit:
By Mr. Johnson, of Jeff Davis- -
A bill to create the City Court of Hazlehurst.

1018

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Johnson, of Jeff Davis-
A bill to abolish the County Court of Jeff Davis county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Roberts, of Dodge-
A bill to change the time of holding the Superior Court of Dodge county.
'
The favorable report of the Committee was agreed to.
On 1he passage of the bill the ayes were 115, nays 0.

TuESDAY, AuGUST 3, 1909.

1019.

The bill having received the requisite Constitutional majority was passed.

By Mr. Evans, of Bibb-
A bill to authorize and direct the County Commissioners of Bibb county to pay certain attorney's fees.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes w~re 115, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Drawdy, of Clinch-

A bill to amend Section 982, Voiume 1 of the Code,

~o as ~o designate the town of Homerville as a State

depository.



The favorable report of the Committee W!lS agreed to.

On the passage of the bill the ayes were 115, nays 0.

The bill having received the requisite Constitutional majority, was passed.

1020

JOURNAL OF THE HousE.

By Mr. Ellison, of Harris-
A bill to amend Section 982, Volume 1 of the Code, so as to designate the town of Chipley as a State depository.
Th~ favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, na:ys 0.
'The bill having received the requisite Constitutional majority, was passed.

By Mr. Garlington, of Richmond-

A bill to increase the number of terms of the Superior Court of Richmond county.

The favorable report of the Committee was agreed

to.





On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Brown, of Henry-
A. bill to create a system of public schools in the City of McDonough.

TuESDAY, AuGusT 3, 1909.

1021

The following Committee amendments were adopted, to-wit: To amend Section 6 of the bill by striking the words "upon the payment of such admission fee only as the Board of Education may deem necessary.'' Also,
To amend by striking out the latter part of Section 7, beginning with the words: "The account to be determined by a census of the school children, etc.''
The favorable report of the Committee waf'l agreed to as amended.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the ;equisite Constitutional majority, was passed as amende~.
The following Senate bills were read the second time, to-wit:

By Mr. Irwin, vf 11th district_:_
A bill to amend an Act to create the City Court of Dawson.

By Mr. Sellars, of 3d district-
A bill to amend an Act to create the City Court of Baxley.

1022

JouR-NAL OF THE HousE.

By unanimous consent the following resolution was read and referred to the Committee on Rules, to-wit:

By Mr. McCarthy-

A resolution to make House Bill No. 586 a special order.
By unanimous consent the following Senate bill was read the third time and put upon its passage, towit:

By Mr. King, of 14th district-

A bill to provide a new Charter for the City of Rochelle.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority was passed.
Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

TuESDAY, AuausT 3, 1909.

1023

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and instruct me to report them as follows: ~ .
' H. B. No. 592. To create a new Charter for Sylvania. Do pass as amended.
H. B. No. 611. To amend the Act creating the Board of County Commissioners for Irwin county. Do pass as amended.
Hl. B. No. 664. To amend the City Court Act of ,Eastman, Dodge county. Do pass.
Senate Bill No. 138. To amend City Court Act of Baxley in Appling county. Do pass.
Senate Bill No. 121. To amend City Court Act of Dawson. Do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.
Mr. Jones, of Meriwether, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
The Committee on Appropriations l!aving under consideration the following House resolutions, in-

1024

JouRNAL oF THE HousE.

struct me as their Chairman to report same back to the House with recommendation that they do pass.
H. R. No. 138. By Mr. Faircloth, of Johnson.
To pay W. C. Allen, certain amount erroneously paid to State Treasurer.
H. R. No. 123. By Mr. Anderson, of Chatham.
To pay G. K. Vason for services rendered as Ser-
geant-at-Arms for McLendon Investigation Committee.

IL R. No. 98. By Mr. Hall, of Bibb-

To authorize the State Treasurer to draw his warrant, as a voucher, for commissions allowed receiver of Neal Bank.
Also, do pass.

H. B. No. 590. By Messrs. Vinson, of Baldwin and Tuggle of Troup-

To appropriate certain sums for building a negro reformatory and tuberculosis hospitals, and othe! purposes, on State farm.
Also do pass as amended.



TuESDAY, AuGusT 3, 1909.

1025

H. B. No. 44. By Mr. Hall, of Bibb-
To create office of auditor for State accounts, and . to appropriate certain sums for salaries and support of same.
Respectfully submitted,
W. R. JoNEs, Chairman.

Mr. Macintyre, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters, having had under consideration the following bil_ls, make report, to-wit:
That Senate Bill No. 55 do pass. To provide county police for Fulton county. That House Bill No. 188 do pass. To provide for county depositories. That House Bill No. 616 do pass as amended. To provide for removing obstacles in streams of Banks county.
Respectfully submitted,
MAciNTYRE, Chairman.

1026

JouRNAL OF THE HousE.

Mr. Parker, Chairman of the Committee on Railroads, subil!itted the following report:

Mr Speaker:
Your Committee on Railroads has had under consideration the following House bill, and report the same back to the House with the recommendation that same do pass as amended:
House Bill No. 632. A bill to be entitled an Act to authorize the Rome and Nqrthern R. R. to cross the tracks of the Western and Atlantic R. R.
R~sp.ectfully submitted,
W. M. PARKER, Chairman.

Mr. White, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:
The Committee on Pensions having had under consideration the following bills and resolutions, do beg to return the same to the House with the following recommendations:
'!\hat,
H. R. No. 73. Declaring Susannah A. Smith, of Fulton county, entitled to a pension under the Con-

TuESDAY, AuousT 3, 1909.

1027

stitutional Amendment of 1908 and directing her name be put on the rolls and appropriating money for payment of her pension for 1909. Do pass.

H. R. No. 106. A resolution to pay pension of 1907 to J. G. Grimsley, of Dodge county. Do pass.

H. R. No. 107. Pension resolution. Do not pass.

H. R. No. 99. Resolution to authorize the Gov-

ernor of Georgia to pay pension to J. H. Nelson, of

Laurens county. Do not pass.

'

H. R. No. 97. A resolution to pay pension to

widow of G. W. Hendricks. Do pass.



I

H. B. No. 448. Entitled an Act to :fix compensation for the Ordinaries of this State and to provide for the payment thereof for receiving and paying out the pensions of the various pensioners of their counties, and for preparing the papers and proofs of said pension, and for other purposes. Do pass by substitute.
WHITE, Chairman.

Mr. Heard, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speake1:
Your Committee on Banks and Banking having had under consideration the following bills and have

1028

JouRNAL oF THE HousE.,

instructed me as their Chairman to make following report:
H. B. No. 532 do pass.
S. B. No. 75 do pass.
I
H. B. No. 19 do pass as amended.
H. B. No. 266 do not pass.
HEARD, Chairman.

Mr. Johnson, of Bartow, Chairman of the General Agriculture, submittted the following report:

Mr. S pea,ker:

Your Committee on General Agriculture have had under consideration House bill number 521, and instruct me as their Chairman to report the same back with the recommendation that same do pass by substitute.
H. B. No. 521. To provide for the appropriation and expenditure of $7,500 in corn prizes, for quantity per acre.
The Committee on Rules submitted the fo1lowing report and the recommendations embraced therein were adopted:

TuESDAY, AuousT 3, 1909.

1029

Mr. Speaker:

Your Committee on Rules have had under consideration sundry House resolutions touching the making of special orders of the day.

Your Committee have fixed the following special

orders and recommend that the same be adopted by

the H!ouse, to-wit:

'

'

1st. That the following matters be set as special and contin_uing orders, in the order named, between the time the House shall dispose of the General Appropriation Bill and the time of final adjournment on Wednesday, August 4th, to-wit:

(a) House Bill No. 365. Providing for the transfer of monies in the Treasury from the Penitentiary Fund into the general funds.

(b) House Bill No. 653. Providing for the sinking fund on the State debt.

(c) All bills and resolutions in the order they stand on the calendar, which provide for or involve special appropriations, including all pension resolutions and bills.

2d. Your Committee further recommend that the matter of the suspension of Mr. S. G. McLendon as Railroad Commissioner be set as a special and continuing order for Thursday morning, August 5th, at

1030

JouRNAL OF THE HousE.

9 :30 o'clock; that the previous question be ordered at 4:30 o'clock p.m., and the session of the House be extended until the matter is disposed of; that the time for the debate shall be equally divided between the two sides to the matter; that Mr. Hall, of Bibb, be allowed twenty minutes extra to speak on House Resolution No. 110, providing for impeachment in addition to the time taken by him in the general debate; and further that in consideration of the matter, House Resolution 108 by Mr. Hardeman, of Jefferson, shall be considered as the main question and that House Resolutions No. 110 by Mr. Anderson, of Chatham, and No. 110 by Mr. Hall, of Bibb, shall be considered as substitutes therefor; and that the vote shall be taken first on House Resolution No. 110 by Mr. Hall, of Bibb, next on House Resolution No. 111 by Mr. Anderson, of Chatham and last on House Resolution No. 108, by Mr. Hardeman, of Jefferson.
Respectfully submitted,
J. RANDOLPH ANDERSON, Vice-Chairnian.
August 3d, 1909.
The General Appropriation bill was again taken up, to-wit:
By Mr. Jones, of Meriwether-
A bill to make appropriations for the ordinary expenses of Executive, Judicial and Legislative Departments of State Government and State Institutions, etc.

TuESDAY, AuGUST 3, 1909.

1031

The Speaker resolved the House into the Committee of the whole and designated as Chairman, Mr. Ellis, of Bibb.
After a consideration of" the bill the Committee arose and through its Chairman reported progress and asked leave to set again.
Mr. Jones, of Meriwether, moved that the session be extended until Committee reports could be read, which motion prevailed.
Mr. Edwards moved that when the House agam went i;nto the Committee of the whole on the General Appropriation Bill, individual speeches be limited to three minutes.
Mr. Persons moved to amend by limiting speeches to five minutes.
Before the motion could be put the hour of adjournment arrived and the following Committee_reports were read :
Mr. Kirby, Vice-Chairman of the Corporations Committee, submitted the following report:

Mr. Speaker:
rrhe Committee on Corporations has ha9- under consideration the following bills of. the House and' Senate and request me as their Chairman to report

1032

JouRNAL o,F THE HousE.

the same back to the House with the following rec-

ommendations:





Senate Bill No. 104. To be entitled an Act to amend the Charter of the City of Fort Valley. Do pass.

House Bill No. 619. To amend the Charter of the City of Toccoa. Do pass.

House Bill No. 470. To amend the Charter and extend corporate limits of the town of Calhoun. Do pass by substitute.

House Bill No. 641. To be entitled an Act to amend and supersede the several Acts incorporating the town of Wadley in the county of Jefferson. Do pass.

House Bill No. 647. To amend an Act to incorporate the city of Colli.ns in Tatnall county. Do pass by substitute.

House Bill No. 618. To amend the Charter of the City of Toccoa. Do pass.

House Bill No. 545. To incorporate the town of Mitchells in the county of Pulaski. Do pass.

House Bill No. 638. To amend the Charter of the City of Griffin. Do pass.

'ruEsDAY, AuGusT 3, 1909.

1033

House Bill No. 662. To repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Wilkinson. Do pass.
House Bill No. 663. To create a Board of Coll\missioners of Roads and Revenues for the county of Wilkinson. Do pass.
KIRBY, Vice-Chairman.

Mr. McMichael, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

AuGUST 3d, 1909.

Your Committee on Education has had under consideration certain bills and instruct me as its Chairman to report as follows:
H. B. No. 667 do pass.
H. B. No. 651 do pass as amended.
S. B. No. 86 do pass. E. H. McMicHAEL, Chairman.

The Speaker then announced the House adjourned until 3 o'clock this afternoon.

1034

JouRNAB OF THE HousE.

THREE O'CLOCK P. M.
The House reconvened at this hour and was called to order by the Spealmr.
. By unanimous consent the call of the roll was dispensed with.
By unanimous consent the session was extended until 6 o'clock p. m.
Mr. Anderson, of Chatham, asked unanimous consent that general bills be considered in order for a third reading on Saturday, which was granted.
The follo\\ing resolution was. read, to-wit:

By Mr. Edwards, of Walton-

A resolution to limit debate in the Committee of the whole to 3 minutes to each in1ividual speech.
Mr. Persons moved to amend Ly stri:.ing ":3" anJ insert '' 5 minutes.''
The resolution was adopted as amended.
. The- General Appropriation Bill was again taken up and the Speaker resolved the House into the Committee of the whole and 'Mr. Ellis, of Bibb, resumed the Chair.

TuESDAY, AuausT 3, 1909.

1035

After a consideration of the bill the Committee arose and through its Chairman reported progress

'

and asked leave to sit again.

On motion of Mr. Sheppard, of Sumter, the Speaker announced the House adjourned until 9 o'clock tomorrow morning.

1036

JouRNAL OF THE HousE.

ATLANTA, GA.
WEDNESDAY, AuousT 4, 1909.
The House met pursuant to adjournment at 9 0 'clock a. m. this day, and 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 afternoon's session was extended until 6 o'clock.
By unanimous consent the following bills were read the second time, to-wit:
_By Mr. Vinson, of Baldwin-
A bill to provide for the establishment of certificates of stock of banks, etc., in lieu qf lost or destroyed certificates.
By Mr. Calbeck-
A bill to amend the charter of Calhoun.
By Mr. BoydA bill to amend the charter of the city of Griffin.

WEDNESDAY, AuousT 4, 1909.

1037

By Mr. PeacockA bill to incorporate the town of Mitchells.
By Mr. Carswell A bill to create a Board of Commissioners of Roads and Revenues for Wilkinson county.
By Mr. Davis, of DoughertyA bill to amend Section 1910 of the Civil Code.
By Mr. Beazley, of LeeA bill to provide for county depositories.
By Mr. Meadows, of TelfairA bill to create a system of public schools for tb~
city of Helena.
By Mr. Meadows, of TelfairA bill to amend an Act to establish a system of
public schools in Lumber City.
By Mr. CarswellA bill to repeal an Act to create a Board of Com-
missioners of Roads and Revenues for Wilkinson county.

1038

JouRNAL OF THE HousE.

By Mr. Smith, of Tatnall-
A bill to amend an Act to incorporate the city of Collins.
By Messrs. Wood and Edwards-'
A bill to provide for the removal of obstructions from the streams of this State.
Mr. Anderson, of Chatham, asked the unanimou&
of consent the House that the session this morning
be extended 15 minutes for the purpose of reading Committee reports and House and Senate bills a second time, which was granted.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. Whiteley, of Glascock-
A bill to amend an Act to create a Board of Com~ missioners for Glascock county.
Referred to Committee on Counties and County Matters.

By Mr. Calbeck-
A bill to amend the charter of the town of Calhoun.
Referred to Committee on Corporations.

WEDNESDAY, AUGUST 4, 1909. By Messrs. Griffin and Sheppard-

1039

A bill to amend an Act incorporating the. town of Leslie.
Referred to Committee on Corporations.

By Messrs. Hardman and Holder-
A bill to repeal an Act to incorporate the city of Harmony Grove.
'Referred to Committee on Corporations.

By Messrs. Hardman and Holder-

/

A Resolution to pay a pension to Mrs. M. L. Hughes.

Referred to Committee on Pensions.

By Messrs. Hardman and Holder, of Jackson-
A bill toamend the charter of the city of Jefferson, relative to public schools.
R.ef.erred to Committee on Corporations.

1040

Jou:RNAL oF THE HousE.

By Me~srs. Hardman and Holder-

A bill to amend the charter of Jefferson relative to electric lights and waterworks.
Referred to Committee on Corporations.

By Messrs. Hardman and Holder-

A bill to amend an Act to incorporate the Trustees of Martin Institute.
Referred to Committee on Corporations.
By unanimous consent the following bills were read the third time and put upon their passage, to-wit:

By Mr. Hardeman, of Jefferson-

A bill to amend and consoli::late the laws to in corporate the town of Wadley.
The favorable report of the Committee was agreed to.
On the passage . of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed.

'
WEDNESDAY,

AuousT

4,

1909..

,

1041

By Messrs. McCarthy and Anderson, of Chatham-
A bill to authorize the proper authorities of certain counties to raise by taxation a sufficient sum -to pay for material used in school buildings.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nayR 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. McCa:.rthy, of Chatham-

A bill to fix fees for constables in certain militia districts.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Edmondson-
A bill to amend Section 982, Vol. 1 of the Code, so

1042

JouRNAL OF THE Housl!l.

as to add the town of Summerville to the list of State depositories.
f
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed.
. House bills Nos. 86, 338, 549, 426, were tabled..
The following Senate bills were read the third
I
time and put upon their passage, to-wit:

By Mr. Calhoun, of 15th district-

A bill to provide for the holding of three terms a year of the Superior Court of Montgomery county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority was passed.

WEDNESDAY, AuGu~ 4, 1909.

1043

By Mr. Irwin, of 11th district-
A bill to repeal an Act to establish the City Court of Dawson.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 101, nays 0.
The bill having received the requisite Constitu- tional majority, was passed.
Senate Bill No. 93, which was unfavorably reported, was placed on the calendar for a second reading.
Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

The Corporation Committee has had under consideration the following bills of the House and request me as their Chairman to report same back to the House with the following recommendations:
House Bill No. 348. To create a new Charter for the City of Jackson, Butts county. Do pass as amended.

1044

JouRNAL OF THE HousE.

House Bill No. 671. To incorporate the city of Commerce, county of Jackson. Do pass.
House Bill No. 656. To incorporate the city of Clayton, Rabun county. Do pass.
House Bill No. 674. To amend the Charter of the town of Adairsville, Bartow county. Do pass.
House Bill No. 665. To repeal an Act to incorporate the city of Crawford, Oglethorpe county. Do not pass.
House Bill No. 666. To define the city limits of the city of Crawford, Oglethorpe county. Do not pass.
House Bill No. 570. To amend an Act incorporating the city of Sylvester, Worth county. Do pass.
House Bill No. 571. To amend the charter of the city of Sylvester, Worth county. Do pass.
House Bill No. 572. To extend the corporate limits of the city of Sylvester, Worth county. Do pass.
House Bill No. 573. To amend the charter of the city of Poulon, Worth county. Do pass.
House Bill No. 543. To amend the charter of the city of Athens, Clarke county. Do pass by substitute.
BuTT, Chairman.

WEDNESDAY, AuG~sT 4, 1909.

1o45

Mr. Jones, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
'l'he Committee on Appropriations. have had un./ der consideration House Bills and House Resolu-
tions, and instruct me as their Chairman, to report same back with the recommendation as follows: .
House Resolution No. 147. By Mr. Hardeman, of Jefferson. To pay D. 0. Smith and ~- N. Titlebaum for services rendered as stenographers for McLendon Investigating Committee. Do. pass.
House Bill No. 629. By Mr. Mcichael, of Butts. To authorize the Governor to expend the annual rental of "Indian Springs Reserve" for keeping the public building thereon. Do pass.
House Resolution No. 43. By Mr. Keith, of Meriwether. To return to Will Kelly, amount received by State as hire as convict. Do pass.
House Resolution No. 92. By Mr. Moss, of Cobb.
To suspend compiling Colonial Records, etc. Do not pass.
Respectfully submitted,
.W. R. JoNEs, Chairman.

1046

JouRNAL OF~ THE HousE.

Mr. Johnson, of Bartow, Chairman of Committee on General Agriculture, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture have had under consideration the follo'Ying House bill, and instruct me as their Chairman that same be reported back with recommendation that same do pass:
House Bill No. 354. An Act to prevent the adulterating, misbranding, imitating, etc., of foods for man or beast, of candies, condiments, medicines, drugs, to provide inspection, analysis of same, its enforcement, and for other purposes.
Mr. Persons, Chairman of the Committee on Constitutional Amendments, submitted the following re port:

Mr. Speaker:

Your Committee on Constitutional Amendments
has had under consideration House Bill No. o, and
requests me as its Chairman to report the same back to the House with the recommendation that it do
pass as amended. Also Senate Bill No. 3, and recommends that same do pass.

August 4, 1909.

PERsoNs, Chairman.

WEDNESDAY, AUGUST 4, 1909.

1047

Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills of the House, and instructs me as its Chairman to report them with the recommendation that,
House Bill No. 239. To amend the charter of the city of Tifton. Do 'pass.
House Bill No. 661. To authorize the mayor and council of Mi1Jedgeville to convey portions of the streets of said city. Do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

Mr. Alexander, Chairman of the W. & A. R. R. Committee, submitted the following report:

Mr. Speaker:

Your Committee on the affairs of the Western & Atlantic Railroad, acting by leave and authority of the House, inspected the properties pertaining thereto on July 24th, and beg leave to submit the following report:

1048

JouRNAL OF THE HousE.

The property is in good condition and is apparently well maintained and being steadily improved by the lessee.
The present lease exptres m ten years. It will then be necessary to lease the property either to the present lessee or to some other company, or to operate it. In either of the two last named conditions the question of adequate terminals at Chattanooga for switching and delivery purposes will demand attention.
Apparently with this necessity in view, the last General Assembly directed the Governor to procure options on lands in Tennessee available for one or the other of these purposes. The Governor reported in his annual message that he had procured such options on one tract of 30 acres and another of 40 acres, the two lying together in one body and about three miles from the center of Chattanooga.

Your Committee beg leave to report that they have inspected these lands and find that they are well sit-
uated for switch-yard purposes, and that communication will be practicable thence to the Tennessee River at a point ~hich will be suitable for connection with the river traffic.

The Committee believes that the purchase of the land will add far more to the value of the railroad than the cost of it.

"WEDNESDAY, AUGUST 4, 1909.

1049


In the opinion of the Committee the 30-acre traet is offered at a price that is below the market value of ~ands in the neighborhood similarly situated. The price asked for t~e forty acre tract is, in the opinion of the Committee above the market. Your Comrr.ittee submits1 however, that it is doubtful whether lands can be bought suitable for the purpose any lower, and doubtful whether any advan- ' .tage can be gained by postponing a purchas~.

Your Committee further reports that the lands inside of the city formerly used for freight delivery purposes are no longer adequate for that purpose and not capable of enlargement. In the opinion of your Committee it will be prudent to acquire other lands inside the city for freight deliveries. It is believed that such lands can be acquired conveniently located and at reasonable prices.

Aside from the probability that it may become imperatively necessary to purchase such lands for delivery purposes your Committee desire to call attention to two other considerations pertinent to this subject.

Tbe people of Chattanooga are anxious to extend Broad street southward from Ninth street, which would take it through these delivery yards and cut off the greater part thereof from the passebger depot and the main tracks lea~ing thereto. They . regard existing conditions as an injury to the development of their city; and, while entertaining to-

,

1050

JouRNAL OF THE HousE.

ward Georgia the same kind sentiments whic;h all tlw people of this State feel for Tennessee, they are a little impatient toward a condition which they insist is injurious toward them and not advantageous to us.
In connection with this subject your Committee ~ reports that, in their opinion, the lands which would
be cut off by the proposed extension of Broad street, would rent by the time of the conclusion of the present lease, for a very large sum. Some of the Committee believe that the rental would be more than the total present rental of the road and all its appurtenances.
Your Committee further calls the attention of the House to the fact that there are many encroachments along the line of the road, and that several extensive sections of the road are used and enjoyed by other companies. Your Committee believes that some provision should be made for safeguarding these properties.
Your Committee further reports that extensive operations now in progress on the Tennessee River give reasonable assurance that water communication will b~ open in the early future from Chattanooga to the Gulf of Mexico, the Ohio River Crossings, the milling centers on the Mississippi, and the Missouri River almost.to the Rocky Mountains. At tho present time it is to the interest of the great railroad corporations and in their power to so arrange

WEDNESDAY, AUGUST 4, 1909.

1051

freight rates on rail lines southward from Chattanooga, as to deprive the people of Georgia of the benefits they should get from water competition to Chattanooga. Your Committee respectfully submits that in consideration of the future of the Western & Atlantic Railroad and the future policy of the State with reference thereto, these facts should be constantly kept in view.
Your Committee invites the thoughtful attention of the House to the facts herein set forth as furnishing the elementary data for working out marvelous advantages and illimitable prosperity for Georgia. We dQ not assume to go further than presenting the facts. We leave it to the House to work out the conclusions.
Respectfully submitted. This August 4, 1909.
HooPER ALEXANDER, Chairman.

The General Appropriation bill was again taken up and theSpeaker resolved the House into the Committee of the whole with Mr. Ellis, of Bibb, as Chairman.
After a further consideration of the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do pass as amended.

1052

JouRNAL oF THE HousE.

The Committee offered a substitute which was amended as follows:
The following ain~ndments were adopted, to-wit:
By Mr. Hall, of Bibb-
To amend by striking lines 22 and 23 of printed bill.
By Mr. Hall-
To amend Section 5 by striking $37,500 and inserting $32,500.
By Mr. Turnipseed-
To amend Section 5 by striking words "$70,000" in line 24, page 11, and inserting '' $60,000;'' also
To amend Section 5 by striking '' $42,000'' in line 47, page 13, and inserting words "$30,000."

By Mr. Butt, of Fannin-
To amend sub-Section 5 by striking words '~ $60,000'' in line 53 and inserting '' $50,000.''

By Mr. Tuggle-
To amend preceding amendment by striking- words "10,000 of said amount so appropriated shall be

WEDNESDAY, AuousT 4, 1909.

1053

used exclusively for extension work to be expended under the direction of the Board of Trustees for
said Col1ege'' in Jines 54, 55, 56.

By Mr. Persons-

To amend by adding after word ''stocks'' in Section 5, line 73, the following: ''All funds realized from the taxation of dogs.''

By Mr. Alexander, of DeKalb-
To amend by adding after line !)8 as it appears on page 21 of printed copy, the words: "For the State Library to be expended by the Librarian in employing an additional assistant, seven hundred and fifty do1lars. ''
The following amendment was lost:
By Mr; Vinson-

'l'o amend Section 4 by striking figures '' $424,422'' and substitute in lieu thereof '' $446,422,'' and by striking figures '' $430,992'' and substituting in lieu thereof the figures '' $452,992.''
Mr. Anderson, of Chatham, called the previous question on the bill and pending amendments, which call was sustained and the main question ordered.

:i054

JouRNAL OF THE HousE.

By unanimous consent the session was extended until the General Appropriation bill could be disposed of.
The report of the Committee which was favorable to the passage by ~ubstitute as amended 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.:

Alexander of DeKalb Cars"!'ell

Alexander of Fulton Carter

Alley

Chandler

Anderson of Bulloch Childs

Anderson of Chatham Converse

Armistead

Cooke

Atherton

Couch

Atkinson

Daniel

Ault

Davis

Barksdale

Drawdy

Bagley

Edmondson

Bailey

Edwards

Baker

Elder

Barrett

Ellis

Beasley

Ellison

Berry

English

Booker

Evans

Boyd

Faircloth

Brinson of Decatur Fender

Brinso!J.. of Emanuel Fields of Crisp

Brown of Carroll

Ford

Brown of Henry

Garlington

Brown of Murray Gastley

Burch

Gillis

Buxton

Graddick

Cal beck

Guyton

Harrington Harvey Hatfield Heard Helms HendersCJn of Irwin Henderson of Turner Hendricks Hill Holtzclaw Hubbard Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Jones of Mitchell Kelley Kendrick Kennedy Kirby Lewis Littleton

WEDNESDAY, AUGUST 4, 1909.

1055

Lord

Parker of Talbot

Marshall

Paulk

Mea.Jlows of Telfair Persons

Miller of Ware

Pierce

Milikiit

Pope

Minter Moore

1 Porter Price

MacFarland

Proctor

Mac~ntyre

Redding

McConnell

Reese

McCrory

Reid of Campbell

McCurry

Reid of Putnam

McCutchen

Rentz

McElreath

Roberts

McMahan

Rogers

McMichael of Butts Sheppard

McMichael o1 Marion Shirley

McWhorter

Simpson

Oliver

Smith of Gilmer

Parker of Decatur Smith of Tattnall

Smith of Walton Stovall Tarver Tippins Tracey 'l'uggle Turnipseed Upshaw Vinson 'Waddell Wasden Watkins Whiteley Wight of Grady Williams .Wood Wohlwender Woodliff Wright of Floyd

Those voting in the negative were Messrs.:

Hall

Those not voting were Messrs. :

Adams Allen Beacham Bell Brown of Fulton Butt Cannon Cordell Cowan Culberson Cureton Dickson Field of DeKalb Fullbright Goodley Griffin of Sumter

Griffin of Twiggs Hardeman of Jeffs 'n Hardman of Jackson Holder of Floyd Howell Keith Kicklighter Kidd Lawrence Lovejoy Meadows of Toombs Middlebrooks Miller of Calhoun Mitchell Moss McArthur

McCarthy Peacock Reaves Reid of Macon Rosser Simmons Slade Strong Stubbs Turner Walters White of -Screven Wright of Stewart Mr. Speaker

1056

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 137, na,ys 1.
The bill having .received the requisite Constitutional majority, was passed hy substitute as amended.
On motion of Mr. Ellis the above bill was ordered immediately transmitted to the Senate.
The following invitation was read and accepted unanimously :

HoN. JoHN N. HoLDER,
Speaker of the House of Representatives.
Dear Sir: I desire to invite the House of R~presentatives,
its officers, their assistants and the gentlemen of the press engaged in reporting its deliberations to a barbecue to be given in honor of the General Assembly. The barbecue will be given on Saturday, August 6, and cars will be at the Mitchell street entrance at one o'clock p. m.
Very respectfully,
JoHN M. SLATON.

WEDNESDAY, AuausT 4, 1909.

1057

On motion of Mr. Armistead, of Oglethorpe, House Bills Nos. 6, 665 and.666 were recommitted to the Special Judiciary Committee.
The following bills were read the third time and put upon their passage, to-wit:

By Messrs. Price and Johnson, of Bartow-

A bill to regulate the running of automobiles on the public roads of Bartow county.
The following amendment by the authors was adopted, to-wit:
To amend by adding the following proviso to Section 5: ''Provided, That nothing in said Section shall be construed so as to compel the payment of any additional fee or compel further registration where same has been done in this State or some county herein, and the exhibition of license from said State or county shall be proof of same."
The favorable report of the Committee was agreed to as amended.
On the passage _of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed as amended.

1058

JouRNAL oF THE HousE.

Mr. McMichael, Chairman of the Committee on Education, submitted the following report: .

1Jfr. Speaker:

Your Committee on Education has had under consideration certain bills and instruct me as its Chairman to report as follows :

House Bill No. 668. Do pass.



House Bill No. 645. Do pass.

House Bill No. 675. Do pass.

House Bill No. 430. Do pass by substitute.

Respectfully submitted,

August 4, 1909.

McMICHAEL, Chairman.

House Bill No. 632 was read the third time ami tabled on motion of the author.
The following bills were read the first time, to-wit:

By Mr. Guyton, of Effingham-
A bill to create a Board of Medical Examiners for the State of Georgia.
Referred to Committee on Hygiene and Sanitation.

WEDNESDAY,, AuausT 4, 1909.

1059

By Mr. Harvey, of Wilcox-
A bill to amend an Act to establish the City Court of Abbeville.
Referred to Committee on Special Judiciary.

By Messrs. Hill, Garlington, MacFarland, Mcintyre, eta].-
A bill to amend an Act to amend and revise the Common School laws of Georgia.
Referred to Committee on Education.
, The following bills were taken from the table and the unfavorable reports of the Committee agreed to and the bills lost, to-wit:
By Mr. Hat:field-
A bill to require all railroads doing business in this State to fence their road beds.

By Mr. Field, of DeKalb-

A bill t9 prescribe rules for the operation of freight and passenger trains.
Leave of absence was granted to Mr. Shirley, and ~r. Johnson, of Bartow.

1060

JouRNAL OF THE HousE.

The Speaker then announced the House adjourned until 3 o'clock this afternoon.

THREE 0 'CLOCK, P. M.
The House re-convened at this hour and was called to order by the Speaker.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the session was extended until 7 o'clock p. m. for the purpose of reading Pension Resolutions and special appropriations.
Mr. Vinson asked unanimous consent that the session be further extended for the purpose of having read the second time and recommitting same two local bills, which request was granted.
Mr. Stubbs, Chairman of 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, towit:
An Act to repeal an Act approved October 21, 1889, nnd the amendment thereto, providing for the crea~

WEDNESDAY, AuousT 4, 1909.

1061

tion of a Board of Commissioners of Roads and Revenues in the county of Telfair, and for other purposes.
An Act to create the office of Commissioner of Roads and Revenues for the county of Telfair, this State, and for other purposes.
An Act to amend an Act establishing a new char-. te.r for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof.
An Act to amend the Act establishing the City Court of Sylvester:
An Act to repeal the Act creating a Board of commissioners of Roads and Revenues for the county of Johnson.
An Act to establish the City Court uf Mt. Vernon.
An Act to amend an Act re-incorporating the town of Thomasville.
An Act to provide for the appointment of a Judge of the City Court of St. Marys.
An Act to amend the Act establishing the City Court in and for the county of Miller.
An Act to authorize the town: -of Palmetto in th~ counties of Campbell and Coweta to establish aw1 maintain a system of public schools.

1062

JouRNAL oF THE HousE.

An Act to further amend the charter of the town of Palmetto, in the counties of Campbell and Coweta.
' An Act to amend the charter of the town of Fairburn.
An Act to amend the charter of the town of Fair,burn, in Campbell County, Ga.
An Act to Abolish the Board of County Commissioners of Putnam county, Georgia.
-An Act to regulate the butchering, dressing, or otherwise preparing for market any cattle, goats or sheep in 1'Lltchell and 'l'homas counties.

.An .Ac>t to amend the- Act establishing the City Court of Moultrie.
An Act to increase the number of terms of the Superior Courts of Chatham county, Georgia.
An Act to change the ti;me of holding the Superior Court of Douglas cmmty.
An Act to amend the Act creating a Board of Commissioners of Roads and Revenues in the county of Hall.
An Act to amend the Act establishing a City Court in the city of Carrollton, in the county, of Carroll.

WEDNESDAY, AuGusT 4, 1909.

1063

An Act to amend the Acts of August 3rd, 1872, and February 14th, 1873, with reference to County Board of Commissioners of Webster county.
....
Respectfully submitted,
J. B. STUBBs, ChairiQ.an.

ATLANTA, GA., Aug. 4, 1909.
The following Message was received from His Ex- . cellency the Governor, through his Secretary, Mr. Blackburn:

Mr. Speaker:

I am directed by His Excellency, the Governor, to deliver to the General Assembly a communication in writing.

STATE OF GEORGIA, EXECUTIVE DEPARTMENT,
ATLANTA.

AUGUST 4, 1909.

To the General Assembly:
I wish to submit for your consideration the attached correspondence between the Treasurer of this State and myself. You will observe that in replying

1064

JouRNAL oF THE HousE.

to my request for information relative to the status of the treasury, he reports $459,417.69 as being in the treasury, and of this amount only $50,386.07 is available for general purposes.
The sinking fund which has accumulated and now amounts to $175,000 is not available for any purpose except ~o retire the matured bonds of the State. It is a sacred fund and under the Constitution can not be use.d for any other purpose.
He also reports that there is in the treasury $234,031.62, which he designates as "near-beer rnoney." This money was raised under the special.Act of the General Assem,bly to be used only in the conduct and development of the penitentiary system of the State. This money, therefore, is not available for general purposes, and can not be used unless it be ,turned into the general fund.
, The Governor's power to borrow is limited by the Constitution to a sum not exceeding $200,000. The expense of the State Government, for all. purposes, is approximately $5,000,000 a year. It takes approximately $50,000 per month to maintain the Charitable Institutions of the State1 to say nothing of other necessary current obligations thathave to be met.
The taxes will not be available until the latter part of the year, and the limited sources of income from this date until the payment of taxes, plus the Govern-

WEDNESDAY, AUGUST 4, 1909.

1065

or's authority to borrow, will not be suffici~nt to enable the treasury to meet the maturing obligations of the State.
The present condition may to some extent be relieved if the money in. the treasury, known as the near-beer fund, is made available for general purposes. I again call your attention to the necessity for this legislation.
Respectfully submitted,
JosEPH M. BRowN, Governor.

STATE OF GEORGIA, ExECUTIVE DEPARTMENT,
ATLANTA.
HoN. J. PoPE BRowN, Treasurer, Capitol.

AUGUST 4, 1909.

Dear Sir: I am desirous of knowing the exact 'status of the State Treasury, that is to say the amount of money now in the treasury and the amount available for general purposes.

Please also state the amount of money known as the sinking fund which under the condit~ons by which

1066

JouRNAL OF THE HousE.

it is held' can not be used except for retiring bonds of the State.

Yours very truly,

(Signed)

JosEPH M. BnowN, Governor.

(Copy.)

STATE OF GEORGIA,

TREASURY DEPARTMENT,

ATLANTA. HoN. JosEPH M. BRowN,

AuausT 4, 1909.

Governor, Capitol.

Dear Sir: In reply to yours of even date will say that we have now, cash in various depositories throughout the State, $45~,417.69.

,Amount held in reserve to pay interest a:pd maturing bonds -----------------$175,()30.00
Near beer fund ----------------------- 234,031.62. Available for general purposes__________ 50,386.07

(Signed)

$459,417.69. Yours very truly,
J. PoPE BROWN, State Treasurer

The following bill which was set as a specia1 or i for this time was read the third tin::.e an:l put up,;r, its passage, to-wit:

'

WEDNESDAY, AuausT 4, 1~09.

1067

By Mr. Reid, of Campbell-

A bill to provide that the funds derived from the license tax on persons, etc., selling near beer be applied for meeting the General Appropriations, etc., of the State.

The following amendments were adopted:

To amend by striking words "or that ~ay hereafter come into the Treasury of the State wherever they occur in the caption. Also,
To amend by striking from the caption the words ''and commonlY. known as the 'near beer tax.' ''
Also,
To amend by striking from Section 1 the words ''and commonly known as the near beer tax.''
The favorable report of the Committee was agreed to as amended.
On the paseage of the bill the ayes were 98, nays 3.
The bill having received the requisite Constitutional majority, was passed as amended.

1068

JouRNAL oF THE HousE.

By Mr. Reid, of Campbell-
A bill to raise the sinking fund to pay off and retire the valid bonds of the State as they may mature.
The following amendment was adopted:

By Mr. Reid, of Campbell-
To amend by striking from the bill the provision providing for raising sinking fund after 1909~
The favorable report of the Committee was a:greetl to as amended.
On the passage of the bill the ayes were 93, nays 0.
The bill having received the requisite Constitn- . tional majority, was passed as amended.

By Mr. Hall, of Bibb-
A bill to create the office of auditor of State Accounts.
The bill involving an appropriation, the Speaker resolved the House into the Committee of the Whole . and designated as Chairman Mr. Alexander, of DeKa1b.
After a consideration of the bill the CommiVe3 arose and through its Chairman reported the sanie



WEDNESDAY, AuausT 4, 1909.

10G9

back to the House with the recommendation that it do pass, as amended.

The following amendments were adopted:

'l'o amend by striking 'the provision for ''two clerks'' and insert ''three.''

To amend by making ''Section 19'' read ''Section 20. ''

To amend by striking "$1,200" and insert "$1,800."

To amend Section 18 by striking 2,000 and insert 3,000.
To add a new Section, to-w.it: ''Section 19. That the sum of $10,000 be and the same is hereby appropriated to pay the salary of the Auditor and clerk hire and other expenses of the Department.''

The favorable report of the Committee was agreed to as amended.

On the pas~age of the bill the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Anderson of Chatham

Alexander of DeKalb Armistead

Alexander o Fulton Atherton

Al!ey

-Atkinson

Anderson of Bjllloch Ault

Barrett Beasley Bell Booker Brinson of Decatur

J0711

JoURNAL oP THE HousE.

Brinson of Emanuel Brown of Carroll Brown of Henry Brown of Murray Buxton Cannon Carswell Carter Childs Converse Cooke Cordell Couch Daniel Dickson
Dra":dY Edwards Elder Ellis Ellison English Faircloth Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gillis Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Harrington Harvey Hatfield Helms

Henderson of Irwin Henderson of Turner Hill Holtzclaw Howell Hubbard Hullender Huie Johnson of Towns Joiner ~ones of Laurens Jones of Mitchel.! Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lawrence Lewis Littleton Lord Marshall Miller of Calhoun Milikin Minter Mitchell Moore MacFarland Macintyre McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan

McWhorter Oliver Parker of Decatur Parker of Talbot Pierce' Pope Porter Price Proctor Redding Reid of Campbell Reid Qf Putnam Roberts Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stubbs Tippins Tracey Tuggle Turnipseed Upshaw Vinson Walters Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Woodliff Wright of Stewart

Those voting in the negative were Messrs.:

Beacham Berry ' Chandler

Cowan Cureton Davis

Gastley Moss Rogeq

WEDNESDAY, AuGusT 4, 1909.

1071

Those not voting were Messrs. :

Allen Barksdale Bagley Bailey Baker Boy'l Brown of Fulton Burch Butt Calbeck Culberson Edmondson Evans Fender Godley Hardeman of Jeffs 'n Hardman of Jackson

Heard

Persons

Hendricks

Reaves

Holder of Floyd

Reese

Johnson of Bartow Reid of Macon

Johnson of Jeff Davis Rentz

Jones of Meriwether Rosser

Keith

Sheppard

Lovejoy

Shirley

Meadows of Telfair Stovall

Meadows of Toombs Strong

Middlebrooks

'l'arver

Miller of Ware

Turner

McArthur

Waddell

McMichael of Butts wa~den

McMichael of Marion Wood

Paulk

Wright of Floyd

Peacock

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 9..
The bill having received the requisite Constitutional majority was passed as amended, and on motion of Mr. Hall was ordered immediately transmitted to the Senate.

By Mr. Henderson, of Irwi.J;l-

A bill to appropriate $10,000 to the State Boad of Entomology, to be used in experim~::ntal work on Black Root and Wilt Disease.

1072

JouRNAL OF THE HousE.

An appropriation being involved, the Speaker resolved the House into the Committee of the Whole and designated as Chairman Mr. Wright, of Floyd.

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 as amended.

The following amendments were adopted, to-wit:
To amend Section 1 by striking from said Section the word "year" where it occurs and insert in lieu thereof the word '' y,ears,'' and by inserting between figures "1909" and word "to" the figures "1910."

The favorable report of the Committee was agreed to as amended.

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.:

Alexander of DeKal b Alexander of Fulton Anderson of Bulloch Ande~son of Chatham Armistead Atkinson Baker Barrett Beacham Beasley Booker

Brinson of Decatur Brinson of Emanuel Brown of Carroll Brown of Henry Brown of Murray Butt Buxton Cal beck Cannon Carswell Carter

Chandler Cooke Cordell Couch Davis Dickson Drawdy Edmondson Edwards Elder Ellison

WEDNESDAY, AUGUST 4, 1909.

107B

Evans Faircloth Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gillis Graddick Griffin of Sumter Griffin of Twiggs Guyton Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hill Holtzclaw Hullender Huie Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Kendrick

Kidd Kirby Lewis Lord Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McCarthy McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Parker of Decatur Parker of Talbot Persons Pierce Porter

Price Proctor Reese Reid of Campbell Reid of Putnam Roberts Rogers Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stubbs Tippins Tracey Tuggle '.!"urnipseed Upshaw Vinson Walters Watkins White of Screven Whiteley ' Wight of Grady Williams Wohlwender Woodliff Wright of Floyd

Those voting in the negative were Messrs.:

Alley Atherton Bell Childs

Cowan Cureton English Gastley

Hubbard Kelley SimmO!!S

Those not voting were Messrs. :



Adams Allen Ault Barksdale

Bagley Bailey Berry
' Boyd

Brown of Fulton Burch Converse Culberson

1074:

JouRNAL CJF THE HousE.

Daniel

Kicklighter

Ellis

Lawrence

Fender

Littleton

Godley

Lovejoy

Hall

Marshall

Hardeman of Jeffs 'n Meadows of Telfair

Hardman of Jackson Meadows of Toombs

Hendricks

McArthur

Holder of Fioyd

McConnell

Howell

Oliver

JohnRon of Bartow Paulk

Johnson of Jeff Davis Peacock

Jones of Mitchell Pope

Keith

Reaves

Kennedy

Redding

Reid of Macon . Rentz Rosser Sheppard Shirley Simpson Stovall
~itrong
Tarver Turner Waddell Wasden Wood Wright of Stewart Mr. Speaker

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

On the passage of the bill the ayes were 1lf), nays 11.

The bill having received the requisite Constitu tional majority was passed, as amended.

By Mr. McMahan, of Clarke-

A bill to put into force the Constitutioual amend~

ment ratified in 1908 of P.ar. 1, Sec. 1, Art. 7, of the

Constitution providing. for the payment of pensions.

'

An appropriation being involved the Speaker re~

solved the House into the Committee of the Whole,

and designated as Chairman Mr. Fullbright, of

Burke.

..

WEDNESDAY, AuausT 4, 1909.

107;j

After a consideration of the bill the Committee arose and through its Chairman reported progress and asked leave to sit again.

Mr. White, of Screven, moved that the House again resolve itself into the Committee of the Whole, which motion prevailed, and Mr. Fullbright 1:1gain took the chair.

The Committee arose after a further consideration, and through its Chairman reported progress and asked leave to sit again.

Mr. White, of Screven, moved that the above bill be postponed until Friday next at 10 o'clock a. m., and on motion of Mr. Anderson, of Chatham, 300 copies were ordered printed.

On motion of Mr. Anderson, of Chatham, House Bill No. 475, to provide additional funds for maintenance of Agricultural schools, was postponed until Friday, next, to follow the preceding bill already set.

By Messrs. Vinson and Tuggle-

A bill to appropriate $25,000 to build negro re-

formatories.

.,

1076

JouRNAL oF THE HousE.

Mr. Vinso~ moved that the House go into the Committee of the Whole for the consideration of the above bill.
Mr. Hall, of Bibb, moved to adjourn, which motion prevailed, and the Speaker announced the House adjourned until 9 o'clock tomorrow morning.

THURSDAY, AuGUST 5, 1909.

lOTi

ATLANTA, GA.

TH:URSDAY, AuG. 5th, 1909.

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

Brown of Murray

Alexander of DeKalb Burch

Alexander of Fulton Butt

Allen

Buxton

Alley

Cal beck

Anderson of Bulloch Cannon

Anderson of Chatham Carswell

Armistead

Carter

Atherton

Chandler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

BaHey

Couch

Baker

Cowan

Barrett

Culberson

Beacham

Cureton

Beasley

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown Of Fulton

Ellison

Brown of Henry

English

Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J efl's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks
HilJ

1078

JouRNAL OF THE HousE.

Holder of Floyd

Moss

Holtzclaw

MacFarland

Howell

Macintyre

Hubbard

McArthur

Hullender

McCarthy

Huie

McConnell

Johnson of Bartow McCrory

Johnson of Jeff Davis McCurry

Johnson of Towns McCutchen

Joiner

McElreath

Jones of Laurens McMahan

Jones of Meriwetller McMichael of Butts

Jones of Mitchell McMichael of Marion

Keith

McWhorter

Kel!ey

Oliver

Kendrick

Parker of Decatur

Kennedy

Parke1 of Talbot

Kicklighter

Paulk

Kidd

Peacock

Kirby

Persons

Lawrence

Pierce

Lewis

Pope

Littleton

Porter

Lord

Price

Lovejoy

Proctor

Marshall

Reaves

Meadows of Telfair Redding

Meadows of Toombs Reese

Middlebrooks

Reid of Campbell

Miller of Calhoun Reid of Macon

Miller of Ware

Reid of Putnam

Milikin

Rentz

Minter

Roberts

Mitchell

Rogers

Moore

Rosser

Sheppard Shirley Simmons Simpson. Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Floyd Wright of Stewart
Mr. Speaker

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

By unanimous consent the session was extended for the following purposes :

THuRSDAY, AuGUST 5, 1909.

1079

1st. Reports of Standing Committees. 2d. Consideration of House Bill No. 109. 3d. Introduction of New Matter. . 4th. Senate Bills, :first reading. 5th. House Bills, second time favorably reported. 6th. House Local Bills, third time. 7th. City Court Bills. 8th. General Bills with local application.
House Bill No. 632 was taken from the table and placed on the calendar.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

By Mr. Boyd, of Spalding-
A bill to amend the charter of the city of Griffin.
The favorable report of the Committee was agree:l to.
On the passage of the bill the ayes were 12G, nays 0.
The bill having received the requisite ~ onstitu tional majority, was passed.

1080

' '~
JouRNAL oF THE HousE.

By Mr. Boyd, of Spalding-

A bill to prohibit the removal of any sand or dirt from the public roads of Spalding county;
The favorable report of the Committee was agreeu to.
On the passage of the bill the ayes :were 120, 11ays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. McMichael, of Butts-

A bill toincorporate the town of Pepperton.
The substitute proposed by the Committee was adopted.
The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 120, nays 0.
The bill having received- the requisite Constitutional majority_, was passed by substitute.
By unanimous consent the folloWing bills were read the second time and recommitted, to-wit:

THURSDAY, AuGusT 5, 1909.

1081

By Messrs. Hardman and Holder, of Jackson-
A bill to amend the charter of the city of J effer-
son, relative to public schools.

By Messrs. Hardman and Holder-

A bill to amend the charter of the city of J effersun relative to waterworks and lights.

By Messrs. Hardman and Holder-

A bill to amend an Act to incorporate the T!ustees of Martin Institute.
By unanimous consent the following bill, No. 567, was read the second time and recommitted, to-wit:

By Mr. Hardman, of Jackson-

A bill to 'make an additional appropriation to the State Board of Health.
Upon request of the author House Resolution No. 132 was recommitted to the Committee on Appropriations.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

1082

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 the carrying over of unfinished business to the session of 1910.
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, towit:

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

A bill to add the town of Jasper, in Pickens county, to the list of State depositories.

A bill to provide for another Judge of the Atlanta

Circuit.



A bill to provide compensation to the Ordinaries of various counties of this State for preparing pension papers.

A bill to fix the salary of the stenographer in the office of the Attorney General.

THURSDAY, AuGUST 5, 1909.

1083

A bill to provide for pleading and practice in County Courts.
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, towit:
A bill to establish a new charter for the town of Eton, in the county of Murray.
A bill to amend an Act repealing an Act incorporating the town of Wrightsville, in Johnson county.
A bill to incorporate the town of Swords, in the county of Morgan.
A bill to prescribe the duties of the Ordinary of Johnson county when setting for county purposes.
The following message was received from the Sen-' ate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite Constitutional majority the following bills of the House, towit:

1084

JouRNAL OF THE HousE..

A bill to provide for a two weeks' ses-sion of the Superior Court of Toombs county.

A bill to amend an Act to provide for working the public roads of Toombs county.

A bill to repeal an Act to establish the City Court

. of Hamilton, in Harris county.

.

A bill to repeal an Act to incorporate the village of East Thomaston, in the county of Upson.

A bill to amend the charter of the town of Gillsville in the counties of Hall and Banks.

Tbe following message was received from the Senate through Mr. Northen, Secreta:ry thereof:

Mr. Speaker:

The Senate has passed as amended by a requisite Constitutional majority, the following bills of the House, to-wit :

A bill to establish a system of public schools in the town of Hiram, in the county of Paulding.

A bill to amend, consolidate and supersede the

several Acts incorporating the city of Rome.

.

.

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

THURSDAY, AuGUST 5, 1909.

1085

Mr. Speaker::

The Senate has concurred in the House amendment to the following Senate bill, to-wit:
A bill to authorize the CQunty of Glynn to issue bonds for the construction and improvement of roads and bridges.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite Constitutional majority, by substitute, the following House bill, to-wit:

'

I

A bill to amend the charter of the city of Forsyth.

The Senate has passed by the requisite Constitutional majority, as amended, t"he following House bill, to-wit:

A bill to provide for the removal of obstructions from creeks and other running streams in Walton county.

Tbe Senate bas concurred in the House amendment to the Senate amendment to the following bill of the House, to-wit:

1086

JouRNAL oF THE HousE.

A bill to permit street. railroads to grant free transportation to policemen and firemen and others in the cities of this State.
That part of the report of the Committee on Rules, which fixed as a special order the matter of the suspension of Hon. S. G. McLendon, as Chairman of the. Railroad Commission, was read and the recommendations of the Committee which were adopted on August 3d, were ordered to obtain during the discussion of the matter.
Mr. Anderson, of Chatham, asked unanimous consent, that Mr. Hardeman, of Jeffe-rson, if there should not be sufficient time at the close of the afternoon's session, that the session be extended so as to allow him full 35 minutes to speak on the above question.
By unanimous consent the session was extended five minutes this morning for the purpose of allowing Mr. Wright, of Floyd, to conclude his remarks on the above question.
The hour of adjournment having arrived the following business for which the session was extended was taken up.
Mr. Hardman, of Jackson, Chairman of Committee on Temperance, submitted the following report:

THURSDAY,-, AuGUST 5, 1909.

1087

Mr. Speaker: Your C'ommittee on Temperance have had under
consideration the following bills of the House, 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 make it unlawful to sell near beer, etc, in Ware county.
A bill to prohibit sale of near, beer in Shellman.
A bill to prohibit sale of near beer, etc., in Johnson county.
A bill to make unlawful the sale of near beer, etc., in Telfair county.
Also the following bills of ,the House with the recommendation that same do not pass, to-wit:
A bill to prevent females from riding astride.
A bill to prohibit the sale of near beer, etc., m Randolph county.
Respectfully submitted,
L. G. HARDMAN, Chairman.

Mr. Macintyre, Chairman of the Committee .on Counties and County Matters, submitted the following report:

1088

JouRNAL OF THE HousE.

Mr. Speaker:
Your Committee on Counties and County Matters having considered House Bill No. 680, ''To amend Act creating County Commissioners of Glascock County,'' recommended that it do pass.
Respectfully submitted,
MAciNTYRE, 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 consideration House Bill No. 524, have instructed me as their Chairman to report the same back with the recommendation that it' do pass.
HEARD, Chairman.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report':

M1". Speaker:
The Corporation Committee has had under consideration the following House bills, and requests me as their chairman to report same back with the following recommendations:

THURSDAY, AuGUST 5, 1909.

1089

House Bill No. 677. To amend the charter of the town of Calhoun, Gordon county. Do pass.
House Bill No. 679. To repeal an Act incorporating the city of Harmony Grove, _Jackson county. Do pass.
BuTT, Chairman.

Mr. A1len, of Upson, Chairman of the Committee on State Library, submitt~d the following report:
Mr.- Speaker:
Your Committee having had under consideration House Resolution No. 137, authorizing the State Librarian to furnish Code of Georgia to S. J. Oliver, Justice of the Peace, instruct me as their chairman to report that the same do not pass.
I am further' instructed, Mr. Speaker, to report that Senate Resolution No. 15, authorizing State Librarian to furnish certain Georgia Reports to the Clerk of the Superior Court of Montgomery County do not pass.
ALLEN, Chairman.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

1090

JOURNAL OF THE HousE.

Mr. Speaker:
The Corporations Committee has had under consideration the following House Bill and requests me as their Chairman to report the same back to the House with the following recommendation:
House Bill No. 640. To amend an Act to prescribe the ;orporate limits of the city of Ocilla, Irwin county. Do pass.
House Bill No. 582. An Act to authorize electric, street, suburban and interurban railway companies to acquire by purchase, ]ease, consolidation or merger the stock, property rights and franchises of other such companies, and of companies formed to generate electricity, m1d for other purposes. Do pass.
House Bill No. 670. To amend an Act incorporating the city of Rockmart in the county of Po.t-:. Do pass.
BuTT, Chairman.

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

Mr. Speaker:

Your Committee on General Judiciary have had under consideration the following Bills of the House

THURSDAY, AuousT 5, 1909.

1091

and jnstructed me, as thejr Chairman, to report same back to the House with the recommendation that same do not pass, to-wit:
A bill to amend Section 872, Code 1895, relative to pay of jurors.
A bill to amend Section 815, Code 1895, relative to revising jury lists.
A bill to amend Section 1777, Code 1895, r.elative to fence and no fence elections.
Respectfully submitted,
J. H. HALL, Chairman.

Mr. White, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:
The Committee on Pensions having had under consideration the following bills and Resolutions, beg to return the same with the following recommendations, to-wit:
House Resolution No. 133. An Act to pay pension of W. C. Baggett, of Douglas county, for year 1909 to his widow, Mrs. L. C. Baggett. Do pass.

1092

JouRNAL OF, THE HousE.

House Resolution No. 93. Resolution to place Mrs. Elizabeth Low, of Thomas county, upon the indigent widow's pension rolL Do not pass.
House Resolution No. 114. To pay Joseph Rawls $30.00 pension due him under the pension laws of Georgia for 1901, and appropriate money therefor. Do not pass.
House Resolution No. 115. A bill to pay pension of Mrs. Aaron Renew. Do not pass.
House Resolution No. 129. To pay pension, etc., to Mrs. Ensline Dasher for year 1909, said pension having been due her husband for 1909. Do pass.
Respectfully submitted,
WRITE, 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. 681, and instructs me as its Chairman to report that it do pass.
Respectfully submitted,.
E. H. McMICHAEL, Chairman. August 5, 1909.

THURSDAY, AuGUST 5, 1909.

1093

Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report:

Mt. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and Resolutions, and instructs 1me to report them as follows:
House Resolution No. 136. To relieve securities on appearance bond. Do pass.
House Bill No. 535. 'l'o change time of holding fall term of Liberty Superior Court. Do pass as amended.
Respectfully submitted,
FULLBRIGHT, Chairman.

Mr. Bro\vn, of Fulton, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene and Sanitation has
had under consideration Senate Bill No. 32, a bill to amend an Act establishing a board of dental examiners, and recommends that same do pass.
G. W. BRowN, Chairman.

1094

JouRNAL OF THE HousE.

Mr. Barrett, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker:
Your Committee on Penitentiary has had under coitsideration House Resolution No. 69, and Hom:{> Bill No. 133, and directs me as Chairman to repQrt the same with the recommendation that they do pass.
FERMOR BARRETT, Chairman.

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

By Mr. Upshaw, of Douglas-
A bill to fix the amount of solvent a:;sets whieh Mutual Aid, Benefit and Industrial Insurvnct~ Companies shall have.
'
The favorable report of the Committee 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.
The following House Bills were read the first time to-wit:

THURSDAY, AuausT 5, 1909.

1095

By Mr. Smith, of Gilmer-

A bill to fix the venue of suits for damages against certain corporations.
Referred to Committee on General Judiciary.

By Mr. Evans, of Bibb-
A bill to require Railroad Companies to repmr, renovate, etc., defective cars.
Referred to Committee on Railroads.

. By Mr. Evans, of Bibb-
A bill to protect men regularly employed in construction of Railroad equipment during inclement weather, and for other purposes.
Referred to Committee on Railroads.

By Mr. Brown, of Fulton-

A b~ll to prohibit the pollution of streams, lakes and etc.
Referred to Committee on Hygiene and Sanitation.

1096

JouRNAL OF THE HousE.

, By Mr. Helms, of Paulding-
A bill to make lawful the granting of free transportation to Sheriffs and other officers.
Referred to Committee on Railroads.

By Mr. Harrington, of Liberty-
A bill to amend an Act to create a Board of Commissioners for the County of Liberty.
Referred to Committee on Counties and County Matters.

By Mr. Calbeck, of Gordon-
A resolution to appropriate $2,500 to rebuild the wall of the Resaca cemetery.
-
Referred to Committee on Appropriations.

By Mr. Wright, of Stewart-
A bill to amend an Act to Charter 'the town of Lumpkin.
Referred to Committee on Corporations.

By Mr. Brown, of FultonA resolution authorizing the employment of con-

THURSDAY, AuausT 5, 1909.

1097

victs in construction of site of Tuberculosis Sanitanum.
Heferred to Committee on Penitentiary.
The following bills were read "the third time and put upon their passage, to-wit:

By Mr. Guyton, of Effingham-

A bill to amend Section 982, Volume 1, of the Code so as to add the town of Guyton to the list of State Depositories.

The favorable report of the Committee was



agTee~ to.

On the passage of the bill the ayes were 93, nays 0.

The bill having received the requisite Constitutional majority, was passed.

By Mr. Barrett, of Stephens-
A hill to amend the Charter of the City of Toccoa.
The favorable report of the Committee was agreed to.
On .the passage of the bill the ayes were 140, nays 0.




1098

JOURNAL OF THE HouSE.

\'

The bill having received the requisite Constituticmal majority, was passed.

By Mr. Johnson, of J e:ff Davis-
A bill to create a Board of Commissioners of Roads and Revenues, for Jeff Davis County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The l:ill having received the requisite Constitu.tional majority', was passed.

By Mr. Barrett, of Stephens-
A bill to amend the Charter of the City of Toccoa.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 160, nays 0.
The bill having received the requisite Constitutional majority, .was passed.

THURSDAY, AuGUST 5, 1909.

1099

By Mr. Carswell-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Wilkinson County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Peacock-
A bill to incorporate the town of Mitchells.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority was passed.

By.Mr. Vinson, of Baldwin-
A bill to empower the Mayor and Coun~il of Milledgeville to sell a.nd convey certain portions of streets, etc.

1100

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 130, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Carswell-
..A hill to create a Board of Commissioners of Roads and Revenues for the County of "'IVilkinson.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Wright, of Stewart-

A bill to repeal an Act to create County Courts so far as the same relates to the County of St.ewart.

The favorable report of the Committee was

agreed to.

'.

On the passage of the bill the ayes were 140, nays 0.

_THURSDAY, AUGUST 5, 190iJ.

1101

The bill having received the requisite Constitutional majority, was passed.

By Mr. wright, of Stewart-
A bill to create the City Court of Lumpkin.
The favorable report of the Committee was agreed to.
On the passage of the bill the' ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was pas~ed.

By Mr. Roberts, of Dodge- '

A bill to amend an Act to establish the City Court of Eastman.
The favorable, report of the Committee was agreed to.
On the passage of the bi]l the ayes were 140, nays 0.
The -bill having received the requisite Constitutional majority, was passed.

1102

JouRNAL OI<' THE HousE.

By Mr. Smith, of Tatnall-

A bill to amend an Act to incorporate the City of Collins so as to change the boundary of said City.
The substitute proposed by the Committee was adopted.
The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional ma3ority, was passed by substitute.

By Mr. Calbeck, of Gordon-
'
A bill to amend the Charter of Calhoun, so as to extend the corporate limits of Calhoun.
The substitute offered by the Committee was adopted.
On the passage of the bill the ayes were 120, nays 0..
The bill having received the requisite Constitutional majority, was passed.

THURSDAY, AuousT 5, 1909. By Mr. Meadows, of Telfair-

1103

A bill to amend an Act to create a system of Public Schools in Lumber City.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Meadows, of Telfair-

A bill to establish a system of Public Schools in the City of Helena.
The Committee proposed to amend by inser~ing in line 8, Section 5, the following:
"Not in conflict with the General School laws of this State" which was adopted.
The favorable report of the Committee was adopted as amended.
On the passage of the bill the ayes were 140, nays 0.

1104

JouRNAL OF THE HousE.

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

By Mr. Paulk, of Berrien-

A bill to amend an Act to create the City Court of Nashville.
The Committee proposed to amend hy adding in last 1ine of Caption ''and to amend Section 2, of said Act so as to restrict the jurisdiction of said court to suits involving amounts of $50.00, or more; also,
To amend by adding a new Section, to-wit;
'
Section 4. Be it further enacted that said City Court Act be amended by striking all the words in Section 2, of said Act, after the word ''Court'' and beginning with the word "Provided" in line 4, of said Section and ending with the word Court in line 7, and inserting in lieu thereof the following words, "wherein the principal sum involved or sued f6r is $50.00 or more.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.

THURSDAY, AuousT 5, 1909.

1105

By Mr. Henderson, of Irwin-
A bill to amend an Act to create a Board of County Commissioners for the County of Irwin.
The Committee amended Section 5, by adding after the word 'Board'' in line 5, the following words: "The Chairman pro tern. and ex-officio Clerk of said Board shall receive a salary of six hundred dollars per annum ;'' also,
'ro amend said Section by adding after the words ''per annum'' in line 2, the following words: ''The Chairman pro tern. and ex-officio Clerk of said Board shall receive a salary of six hundred dollars per annum.''
To amend by adding the following section;
"In the absence of the Chairman pro tern. and exofficio Clerk of said Board, or, in the event of his re- moval from office by resignation or otherwise, all of the duties of his office shall be performed by the Chairman of said Board.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional.majority, was passed as aniended.

1106

JouRNAL OF THE HousE.

By Mr. White, of Screven-

A bill to amend and consolidate the several Acts to incorporate the City of Sylvania.
The following Committee Amendments were adopted;
To amend Section 23, by inserting after the words "Screven County" in line 6, "or such other place as may be designated by the Mayor and Council of the City of Sylvania;" also,
To amend Section 24, by inserting after the words ''County Jail'' the following ''or such other place as may be designated by the Mayor and Council of said City," also;
To amend said Section by striking the word "two" after the word "exceed" and before the word "hunderd," in said Section, and insert the word ''one;'' also,
To amend Section 28, by striking :word ''shall'' and insert the words ''shall be authorized to;'' also, to amend Section 34 by adding the following proviso: Provided, that the right to condemn private property for the public use for the right to remove or cause to be torn down any buildings or other improvements, shall not exercise except when public necessity requires it, which shall be judged of only
hy a majority of the entire Council of the Cit.v. of

, THURSDAY, AuausT 5, 1909.

1107

Sylvania at a regular meeting after having given at least ten days notice of the intention to do such act, as the time and place of such hearing from which decision the right of appeal is preserved;'' also,
To amend Section 35, by striking the following words after the word "due," to-wit, "which amount admitted to be due, with all costs, shall be paid b'efore the affidavit shall be received," also;

To amend Section 35, by striking all words remaining in said Section after the word case in line 6, from the bottom and inserting in lieu thereof the following words, to-wit;

''Provided, however, that the powers given in this Section shall not be exercised except by a majority vote of the entire Council of the City of Sylvania at a regular meeting of said Council, after a ten days notice has been given tu all property holders -to be effected, and said Council shall provide how the owners shall be served with notice by personal service or by publication, and where the property owners cannot be found to provide for same without notice.''
To amend Section 36, by adding the following;

''The powers herein granted shall not be exercised until notice of t~e intention to grant same shall be published by posting at least three notices at

1108

JouRNAL oF THE HousE.

public places in the City, of the meeting at which said privileges of franchise is proposed to be granted.
To amend Section 40, by striking the word "five/' and insert ''two and one half.''
To amend Section 41, by inserting after the word "tax," the following words, "By the City of Sylvania."
To amend Section 46, by adding at the end thereof the following proviso, to-wit;
''The right to have torn down, removed or altered, any improvements already made within the fire limits of the City of Sylvania, or as said limits may hereafter be enlarged under this Act shall be exercised by a majority vote of the entire. Council at a regular meeting, and after proper notice to the parties to be affected and a full hearing had, and when it shall plainly appear that the structures proposed to be removed or altered have become a public nuisance or very dangerous to the property of other citizens.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 1::::_, nays 0.
The bill having received the requisite Constitutional majority, was passed as amended.

THURSDAY, AuausT 5, 190U.

1109

The following hills were read the second time, towit;

By Mr. Ford, of -worthA resolution for relief of J.- C. Rogers.

By Mr. KeithA resolution for the relief' of Will Kelly.

By Mr. Harrington-
A resolution to place Mrs. Eveline Dasher on the pension rolls.

By Mr. Upshaw A resolution to pay pension due W. C. Baggett.

By Messrs. Holder and Hardman, of Jackson..A resolution for reliP-f of Claude Hancock.

By Mr.Rardeman, of Jefferson-
A resolution to pay $612.50 to D. Q. Smith and S. N. Titlehaum.

1110

JouRNAL OF THE HousE.

By Messrs. Tippins and Butts-
A bill to repeal Paragraph 3, Section 4, Article 3, of the Constitution.

By Mr. Porter, of Floyd- A bill for the relief of W. L. Michael.

By Mr. FordA bill to amend the Charter of the City of Poulan.

By Mr. McMichael, of Butts-
A bill authorizing the Governor to expend th~ rental of the Indian Spring reserve to employ a keeper of the public comfort building.

By Mr. Henderson, of Irwin-
A bill to amend an Act to fix the corporate limits' of the City of Ocilla.

By Messrs. McMichael, of Marion, and Redding-
A bill to amend an Act providing for the creation of local tax District Schools.

By Mr. CannonA-bill to incorporate the City of Clayton.

THURSDAY, AuGusT 5, 1909.

1111

By Mr. Upshaw-

A bill to amend an Act to provide for the operation of Local Tax District Schools.

By Mr. Ault, of Polk-

A bill to am.end an Act to consolidate the laws to incorporate the town of Rockmart.

By Messrs. Hill, Faircloth, et. al.-

A. bill to amend an Act to amend an Act, to revise and consolidate the school laws.

By Messrs. Holder and Hardman-

A bill to incorporate the City of Commerce.

By Mr. Roberts, of Dodge-

A bill to amend an Act to establish a system of Pul:lic Schools in the town of Eastman.

By Mr. Calbeck, of Gordon-

A bill to amend the Charter of the town of Calhoun.

1112

JouRNAL o.F THE HousE.

By Messrs. Hardman and Holder-
A bill to repeal an Act to incorporate the City of Harmony Grove.

By Messrs. Price and Johnson, of Bartow-
A bill to amend the Charter of the .town of Adairsville.

By Messrs. Boyd, Hill, Huie, et. al.-

A bill to authorize street railways, etc., to acquire by lease or otherwise, property rights and franchises of other companies.

By Mr. Whiteley-
A bill to amend an Act creating-a Board of Commissioners for Glascock County.

By Mr. Meadows, of Telfair-
A bill to prohibit the sale of near beer in Telfair County.

By Mr. McMahan, of Clarke-
A bill to amend an Act to create a Charter for the City of Athens.

THURSDAY, AuGUST 5, 1909.

1113

By Mr. Ford, of Worth- .
A bill to amend an Act to incorporate the City of . Sylvester.

By Mr. Ford-
A bill to amend an Act to amend the Charter of the City of Sylvester.

By Mr. Ford-
A bill to amend the Charter of the City of Sylvester.

By Mr. HendricksA bill to amend the Charter of the City of rl'ifton.
By Mr. Miller, of WareA bill to make unlawful the sale of near beer in
Ware County.
By Mr. McMichael, of ButtsA bill to create a new Charter for the City of
Jackson.
By Mr. McMichael, of MarionA bill to revis~ the school laws of the Stnte.

1114

JouRNAL OF THE HousE.

By Mr. Rogers, of Randolph-

A bill to prohibit the sale of near beer in the town of Shellman.

By Me~srs. McConnell and Simpson-

A bill to make it unlawful to draw worthless cheeks.

By Mr. Faircloth-
..:\.bill to prohibit the sale of near beer in Johnson County.

By Mr. Harrington-

A bill to change the time of holding the Superior Court of Liberty County.
The following Senate Bill was read the third time and put upon its passage, to-wit:

By Mr. Sellars, of 3rd. District-

A bill to amend an Act to create the City Court of Baxley.
The favorable report of the Committe was agreed to.

THURSDAY, AuausT 5, 1909.

1115

On the passage of tlie bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following bills were taken up and the Senate amendments concurred in, to-wit:

By Messrs. Holder, Porter and Wright, of Floyd-
A bill to amend, consolidate and supersede the several Acts to incorporate the City of Rome.

By Messrs. Hill and Persons, of Monroe-

A bill to amend the Charter of the City of Forsyth.

The following Senate bills were read the first time,

to-wit:

'

By Mr. Calloway, of 29th. District-
A bill to fix the salary of the stenographer of the Attorney General.
Referred to Committee on General Judiciary.
By Mr. Gordy, of 24th District~
A bill to fix compensation for Ordinaries in paying out pensions.
Referred to Committee on Pensions.

1116

JouRNAL oF THE HousE.

By Mr. Jackson, of 21st. District-
A bill to provide or pleading and practice 1~ County Courts.
Referred to Committee on Special Judiciary.

By Mr. Blackwell, of 28th. Dis_trict-
A bill to create a new Charter for the town of Rutledge.
Referred to Committee on Corporations.

By Mr. Day, of 41st. District-
A bill to amend Section 982, Volume 1, of the Code so as to designate town of Jasper as a State Depository.
Referred to Committee on General Judiciary.

By Mr. Slaton, of 35th. District-
A bill to provide an additional Judge of the Atlanta Judicial Circuit.
Referred to Committee on General Judiciary.
The Speaker then announced the House adjourned until 3 o'clock this afternoon.

THURSDAY, AuousT 5, 1909.

1117

3 :00 0 'CLOCK P. M.
The House reconvened at this hour and was cal~ed to order by the Speaker.
By unanimous consent the call of the roll was dispensed with.
The afternoon session was extended for the purpose:
1st. Of passing a local bill.
2nd. Reports of Standing Committees.
3rd. Reading a bill a second time.
Discussion upon the matter of the suspension of HonorableS. G. McLendon was resumed.
The hour of 4.30 o'clock having arrived the previous question was called as recommended by the Committee on Rules.
The following resolutions bearing on the suspension of Honorable S. G. McLendon were taken up and read, to-wit :

By Mr. Hardeman, of Jefferson-
Resolved by the House of Representatives, that S. G. McLendon be, and he is hereby removed from the office of Railroad Commissioner of Georgia.

1118

JouRNAL OF THE HousE.

The following substitutes were offered for the above, to-wit:

By Mr. Anderson, of Chatham-
Resolved that the action of the Governor in suspending S. G. McLendon from the office of Railroad Commissioner, be and the same is hereby disapproved.

By Mr. Hall, of Bibb-
Resolved by the House, that S. G. McLendon, a Railroad Commissioner of the State of Georgia, be impeached of high crimes and misdemeanor in office.
2nd. Be it further resolved, That the report of the Special Committee appointed by this House, and to which was referred the message of the Governor, suspending the said S. G. McLendon, together with the accompanying evidence and exhibits, be referred to the Committee on General Judiciary with instructions to prepare and report to the House without unnecessary delay suitable articles of impeachment of the said S. G. McLendon, Railroad Commissioner as aforesaid.
3rd. Be it further resolved, That a Committee of five members of this House be appointed by a vote of the House to represent the House at the Bar of the Senate in said impeachment proceedings; and are

THuRSDAY, AuausT 5, 1909.

1119

hereby instructed to proceed forthwith to the Bar of the Senate and there in the name of the House of Representatives of the State of Georgia, and of all of the people of Georgia, impeach the said S. G. McLendon of high crimes and misdemeanors in office; and to inform that body that formal articles of im- 1 peachment of said officer will in due time be presented to that body in the name of the House of Representatives; and to request the Senate to take such order in the premises as they may deem appropriate.

4th. Be it further resolved, that no member of the House shall be appointed on said Committee who does not receive a majority of the vote of those members of the House voting to appoint said Committee.

5th. Be it further resolved, that the Committe6 so appointed shall reque-st the House of Representatives in the conduct of said impeachment proceedings at the Bar of the Senate in the trial by the Senate of the said S. G. McLendon, Railroad Commissioner as aforesaid.

On the adoption of the substitute offered by Mr. Hall, 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 of Fulton Anderson of Chatham Ault

Alley

Armistead

Barksdale

Anderson of Bulloch Atherton

Baker

1120

JouRNAL OF THE HousE.

Barrett Beacham Boyd Brown of Fulton Burch Butt Converse Daniel Davis Drawdy Ellis }Jvans Fullbright Griffin of Twiggs Hall Hardman of Jackson

Heard Hill Holder of Floyd Holtzclaw Howell Jones of Meriwether Lewis Miller of Calhoun Mitchell Moore Macintyre McArthur McCarthy McCutchen Pierce Redding

Reese Reid of Campbell Reid of Macon Roberts Smith of Gilmer Strong Stubbs
Tu~nipseed
Vinson vVasden Whiteley Williams Wohlwender Woodliff

Those voting in the negative were Messrs:

Adams

Couch

Alexander of DeKalb Cowan

Allen

Cureton

Atkinson

Dickson

Bagley

Edmondson

Bailey

Edwards

Beasley

Elder

Bell

Ellison

Berry

English

Booker

Faircloth

Brinson of Decatur Pender

Brown of Carroll Fields of Crisp

Brown of Henry

Ford

Brown of Murray Garlington

Buxton

Gastley

Calbeck

Gillis

Cannon

Graddick

Carswell

Guyton

Carter

Hardeman Qf Jeffs'n

Chandler

Harrington

Childs

Harvey

Cooke

Hatfield

Cordell

Helms

Henderson of Irwin Henderson of Turner Hendricks Hubbard Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Jones of Mitchell Kelley Kendrick Kennedy Kicklighter Kidd Kirby Littleton Lord Lovejoy Marshall Meadows of relfair

THURSDAY, AuGusT 5, 1909.

1121

Meadows of Toombs Middlebrooks Miller of Ware Milikin Minter Moss MacFarland McConnell McCrory McCurry McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur

Parker of Talbot I'
Paulk Peacock Persons Pope Porter Price Proctor Reaves Reid of Putnam Rentz Rogers E.beppard Shirley Simmons Slade Smith of Tattnall

Smith of Walton Stovall Tarver Tippins Tracey Tuggle Turner Upshaw Waddell Walters Watkins White of Screven Wight of Grady Wood Wright of Floyd Wright of Stewart

Those not v,oting were Messrs. :

Brinson of Emanuel Culberson Field of DeKalb Godley

Griffin of Sumter Keith Lawrence Rosser

Simpson Mr. Speaker

The roll call was verified and on counting the votes cast it was found that the ayes were 55, nays 119.

'l'he su-bstitute was therefore lost.

The substitute offered by Mr. Anderson, of Chatham was then read and on its adoption the ayes and neys were ordered and the vote was as follows.

Thoi!e'voting in the affirmative were Messrs.:
.f

Alexander of Fulton Armistead Anderson of Bulloch Ault Anderson of Chatham Barksdale

Baker Beacham Boyd

1122

JOURNAL oF THE HousE.

Brown of Carroll Brown of Fulton Burch Butt Childs Converse Davis Drawdy Ellis Evans Fullbright Griffin of Twiggs Hall

Heard Hill Holtzclaw Jones of Meriw,ether Kicklighter Lawrence Lewis Miller of Calhoun Moore MacintyrE' McArthur McCutchen McMahan

Redding Reese Reid of Campbell Roberts Simmons Strong Vinson Wasden Whiteley \Villiams \Vohlwender Woodliff

Those voting in the negative were Messrs.:

Adams

Daniel

Alexander of DeKalb Dickson

Allen

Edwards

Alley

Elder

Atherton

Ellison

Atkinson

English

Bagley

Faircloth

Bailey

Fender

Beasley

Fields of Crisp

Bell

Ford

Berry

Garlington

Booker

Gastley

Brinson of Decatur Gillis

Brinson of Emanuel Graddick

Brown of Henry

Guyton

Brown of Murray Hardeman of Jeffs'n

Buxton

Hardman of Jackson

Calbeck

Harrington

Cannon

Harvey

Carswell

Hatfield

Chandler

Helms

Cooke

Henderson .of Irwin

Cordell

Henderson of Turner

Cou~h

Hendricks

Cowan

Hubbard

Cureton

Hullender

Huie Johnson of Bartow Johnson of Jeff Davi~t Johnson of Towns Joiner Jones of Laurens Jones of Mitcl~ell Kelley Kendrick Kennedy Kidd Kirby Littleton Lord Lovejoy Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Ware Milikin Minter Moss MacFarland McConnell McCrory

THURSl)AY, AUGUST 5, 190~.

1122

McCurry McElreath McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce Pope Porter Price

Proctor Reaves Reid of Macon Reid of Putnam Hentz Hogers Sheppard Shirley Slade Smith of Tattnall Smith of Walton Stovall Stubbs Tarver Tippins

Tracey Tuggle Turner Turnipseed Upshaw Waddell Walters Watkins White of Screven Wight of Grady Wood Wright of Floyd Wright of Stewart

Those not voting were Messrs. :

Barrett Carter Culberson Edmondson Field of DeKalb Godley

Griffin of Sumler Holder of Floyd Howell Keith Mitchell McCarthy

Hosser Simpson Smith of Gilmer Mr. Speaker

The roll call was verified and on counting the votes cast it was found that the ayes were 47, nays 121. The substitute was therefore lost.

The original resolution as offered by Mr. Hardeman was then taken up for adoption and on motion of Mr. Hall, of Bibb, the ayes and nays were ordered and the vote was as follows;

Those voting in the affirmative were Messrs.:

Adams

Alley

Atkinson

Alexander of DeKalb Anderson of Bulloch Bagley

Allen

Atherton

Bailey

'1124

JouRNAL OF THE HousE.

Beasley

Helms

Parker of Talbot

Bell

Henderson of Irwin Paulk

Berry

Henderson of Turner Peacock

Booker

Hendricks

Persons

Brinson of Decatur Hubbard

Pierce

Brinson of Emanuel Hullender

Pope

Brown of Henry

Huie

Porter

Brown of Murray Johnson of Bartow Price

Butt

Johnson of Jeff Davis Proctor

Buxton

Johnson of Towns Reaves

Calbeek

Joiner

Reid of Macon

Can-non

Jones of Laurens. Reid of Putnam

Carswell Ch~ndler

Jones of Mitchell Kelley

Rentz Rogers

Childs

Kendrick

Sheppard

Cooke

Kicklighter

Shirley

Cordell

Kidd

Slade

Couch

Kirby

Smith of Tattnall

Cowan

Littleton

Smith of Walton

Cureton

Lord

Stovall

Daniel

Lovejoy

Tarver

Dickson

Marshall

Tippins

'Edwards

Meadows of Telfair Tracey

Elder

Meadows of Toombs Tuggle

Ellison

Middl'brooks

Turner

English

Miller of Ware

Turnipseed

Evans

Milikin

Upshaw

Faircloth

Minter

Vinson

Fender

Mitchell

Waddell

Fields of Crisp

.Moss

Walters

Ford

MacFarland

'Vasden

Garlington

McArthur

Watkins

Gastley

McConnell

White of Screven

Gillis

McCrory

Wight of Grady

Graddick

McCurry

Wood

Guyton

McElreath

WoQdlifl'

Hardeman of Jeffs'n McMichael of Butts Wright of Floyd

Hardman of Jackson MrMichael of Marion Wright of Stewart

Harrington

McWhorter

Harvey

Oliver

Hatfield

Parker of Decatur

THURSDAY, AuGUST 5, 1909.

1125

Those voting in the negative were Messrs:

Alexander o Fulton Anderson o Chatham Armistead Ault Barksdalo Baker Beacham Boyd Brown o Carroll Brown o Fulton Burch Converse Davis Drawdy

Ellis

McMahan

Fullbright

Redding

Griffin o Twiggs

Reese

Hall

Reid o Campbell

Heard

Roberts

Hill

Simmons

Holtzclaw

Smith o Gilmer

.Tones o Meriwether Strong

Lawrence

Stubbs

Lewis

Whiteley

Miller o Calhoun Williams

Moore

\Vohlwender

Macintyre

McCutchen

Those not voting were Messrs. :

Barrett Carter Culberson Edmondson Field o DeKalb

Godley Griffin o Sumter Holder o Floyd Howell Keith

Kennedy McCarthy Rosser Simpson Mr. Speaker

The roll call was verified and on counting the votes. it was found that the ayes were 129, nays 40. The resolution having received the majority required by law was adopted.

Mr. Porter, Vice-Chairman of the Committee on Special Judiciary, begs leave to submit the following report:

Mr. Speaker: Your Committee on Special Judiciary has had

1126

JouRNAL OF THE HotrsE.

under consideration the following Bills of the House, and recommends that the same do pass as amende:I:
. House Bill No. 502, being entitled an Act to re-
quire the Board of Commissioners of Roads and Revenues of Stewart County to pay the officers of Court certain fees.

House Bill No. 683, being an Act entitled an Act to

amend an Act to establish the City Court of Abbe-

ville.

Respectfuily submitted,

a. H. PoRTER, Vice-Chairman.

Mr. Jones, Chairman of the Committee on Appropriations, submitted the following repor~:

Mr. Speaker:
The Committee on Appropriations have had under considerati.on the following House Bill and Resolution, and instruct me as Chairman to report same back as follows :
House Bill No. 567. By Mr. Hardman, of Jack-
f
son. To make an additional appropriation to State Board of Health. Do pass.

THURSDAY, AuausT 5, 1909,

1127

House Resolution No. 132. By Messrs. Alexander, Brown and McElreath, of Fulton.. '11o pay Chas. P. Byrd, State Printer. Do pass.
Respectfully submitted,
W. R. JONEs, Chairman.

The following bill was read the first time, to-wit:

By Messrs. Alexande];., Brown and McElreathA bill to amend the char1er of the city of Atlanta. Referred to Committee on Special Judiciary. The following bills were read the second time, to-
wit:

By Mr. Harvey, of Wilcox-

A bill to amend an Act to create the City Court of Abbeville.

:By Mr. Wright, of Stewart-
A bill to require the Commissioners of Roads and Revenues of Stewart county to pay officers of court reasonable compensation for convicts.
The following bill was readthe first time, to-wit:

1128

JouRNAL OF THE HousE.

By Mr. Minter-
A bill to incorporate the town of Woolsey.
Referred to Committee on Corporations.
Leave of absence was granted. Mr. Wright, of Floyd.
The Speaker then announced the House adjourned until 9 o'clock tomorrow morning.

FRIDAY, AuousT 6, 1909.

1129

ATLANTA, GEORGIA,
FRIDAY, AuGUST Gth, 1909.
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 was dispensed with.
By unanimous consent, the reading of the Journal of yesterday's proceedings was dispensed with.
.
By unanimous consent the morning's session of the House was extended 30 minutes for the following purposes :
1st. Consideration of H. B. No. 7.
2d. Reports of Standing Committees.
3d. Reading bills a second time.
4th. Uncontested local bills.
5th. Unanimous consent.
By unanimous consent the afternoon session was ordered to continue until 6 o'clock p. 111.
By unanimous consent a session was ordered for tonight from 7 :30 to 9 :30 o'clock p. m.

1130

JouRNAL oF THE HousE.

By unanimous consent individual speeches during the morning session were,limited to five minutes.
By unanimous consent the following bill which was fixed as a special order for 10 o'clock this morning was taken up for immediate consideration and discussion thereon limited to 40 minutes, after which the previous question was to be ordered, to-wit:

By Mr. McMahan, of Clarke-

A bill to put in force the Constitutional ameniment ratified at the November election in 1908, of Paragraph 1, Section 1, Article 7 of the Constitution of this State, providing for the payment of pensions to ex-Confederate soldiers and their widows, and for other purposes.
An appropriation being involved, the Speaker resolved the House into the 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 bill back to the House with the recommendation that the time allotted for its consideration had expired.
The previous question was called and the main question ordered.

FRIDAY, AuausT 6, 1909.

1131

On motion of Mr. McMahan, the House reconsidered its action in adopting the call for the call for previous question and ordering the main question.
Mr. McMahan then moved that the House again go into the Committee of the whole, which motion prevailed and Mr. Fullbright resumed the Chair.
After considering the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.
The previous question was called and the mam question ordered.
The following amendments were adopted, to-wit:
To amend by striking the word "volunteered" wherever it occurs and insert the word "enlisted."
To amend Section 4 of the bill by inserting between the word "witness" and "who" in line 3, the following words: ''or other satisfactory evidence.' 1

By Mr. Alexander, of DeKalb-
To amend Section 12 by adding afte~ word '' appropriated" in line 2, the words "for the year 1910."

By Mr. Persons, of Monroe-
To amend Section 3 by adding the following: ''The ordinary shall satisfy himself that no sales or

1132

,JoUHNAL 01' 'rtl!<; lJol!~E.

transfers of any property of the applicant since the 4th day of November, 1908, have been made, so as to obtain a pension under this Act; and any transfer of property by any applicant since the 4th day
of November, 1908, to any relative or kin which, if
it had not been E>O transferred would not entitle said applicant to a pension under the provisions of this Act, shall defeat said application for pension. When such transfer of property by the applicant has been made sincl3 4th of November, 1908, an abstract of said transfer shall be attached to said application and forwarded to the Commissioner of Pensions, and it shall be his duty to strictly enforce this provision of this Act.
The following amendment was lost, to-wit:

By Mr. Alexander, of DeKalb-

Amend Section 12 by adding the following words:
If by the 1st of January, 1910, it shall appear that ~ore money will be neede"d to pay the pensions of this class than the $200,000 hereby appropriated for the pensions for 1910, then the Governor and Comptroller-General with the assistance of the Pension Commissioner sha11 ascertain what additional amount shall be necessary, and scale down all other appropriations for 1910 except those for salaries and the public debt, in such proportion as will raise the necessary amount to make up the difference, and

FRIDAY, AuausT 6, 1909.

1133

the sum so raised is hereby appropriated to the payment of these pensions.

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 ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Chandler

Alexander of DeKalb Childs

Alexander of Fulton Converse

Allen

Cooke

Alley

Cordell

Atherton

Couch

Atkinson

Cowan

Ault

Daniel

Barksdale

Davis

Bagley

Dickson

Baker

Drawdy

Barrett

Edwards

Bell

Elder

Berry

Ellison

Booker

English

Brinson of Decatur Evans

Brinson of Emanuel Faircloth

Brown of Carroll

Fender

Brown of Henry

Fields of Crisp

Brown of Murray Ford

Burch

Garling~on

Butt

Gastley

Buxton

Gillis

Cal beck

Graddick

Cannon

Griffin of Twiggs

Carswell

Guyton

Carter

Hardman of Jackson

Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd .W:oltzcla w Hubbard Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Jones of Mitchell Kelley Kendrick Kennedy Kidd Kirby Lewis Littleton

1134

JotrRNAL oF THE HousE.

Lord

Parker of Decatur

Marshall

Parker of Talbot

Meadows of 'felfair Persons

Meadows of Toombs Pierce

Middlebrooks

Pope

Miller of Calhoun Porter

Miller of Ware

Price

Milikin

Reaves

Minter

Redding

Mitchell

Reese

Moore

Reid of Campbell

Moss

Reid of Macon

McConnell

Reid of Putnam

McCrory

Rentz

McCurry

Roberts

McCutchen

Rogers

McMahan

Sheppard

McMichael of Butts Simmons

McMichael of Marion Simpson

McWhorter

Slade

Oliver

Smith of Gilmer

Smith of Tattnall Smith of Walton Tarver Tippins Tracey 'l'urner Tur.nipseed Upshaw Vinson Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodliff Wright of Htewart

Those voting in the negative were Messrs:

Hall Lawrence MacFarland

Macintyre Proctor Stubbs

Tuggle

Those not VC?ting were Messrs. :

Anderson of Bulloch Anderson of Chatham Armistead Bailey Beacham Beasley Boyd Brown of Fulton Culberson Cureton Edmondson Ellis

Field of DeKalb Fullbright Godley Griffin of Sumter Hardeman of Jeffs'n Howell Jones of Meriwether Keith Kicklighter Lovejoy McArthur McCarthy

McElreath Paulk Peacock Rosser Shirley Stovall Strong Waddell Wright of Floyd Mr. Speaker

FRIDAY, AuausT 6, 1909.

1135

By unanimous consent the verification of the roll call was dispensed with.
.
On the passage of the bill the ayes were 143, nays 7.

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 passed by the requisite Constitutional majority the following bill of the House, towit:
A bill to amend an Act establishing the City Court of Wrightsville in Johnson county.
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 authorize railroad companies in this State to condemn property on certain conditions~ and for other purposes.

1136

JouRNAL OF THE HousE.

The following bills were taken up as recommended by the Committee on Rules, read the third time and put upon their passage, to-wit:

By Messrs. Johnson, of Bartow, and Reid, of Putnam-
A bill to protect live stock from infectious and contagious diseasea, and for other purposes.

An appropriation being involved, the Speaker resolved. the House into the Committee 'Of the whole and designated as Chairman, Mr. Heard, of Dooly.
After considering the bill, Committee arose and through its Chairman reported the same back with the recommendation that it do pass.

rrhe favorable 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.:

Alexander of DeKalb Barrett

Alexander of Fulton Beacham

Alley

Beasley

Anderson of Bulloch Bell

Anderson of Chatham Booker

Armistead

Brown of Carroll

Atkinson

Brown of Fulton

Ault

Brown of Henry

Barksdale

Brown of Murray

Burch Butt Calbeck Cannon Carswell Chandler Childs Converse Cooke

FRIDAY, AuausT 6, 1909.

1137

Couch

Johnson of Towns

Cureton

Joiner

Daniel

Jones of Laurens

Davis

Jones of Mitchell

Dickson

Kidd

Drawdy

Kirby

Edwards

Lewis

Elder

Littleton

Evans

Lord

Faircloth

Middlebrooks

Field. of DeKalb

Miller of Calhoun

Fields of Crisp

Miller of Ware

Ford

Milikin

Fullbright

Minter

Garlington

Moore

Gastley

Moss

Grad dick

MacFarland

Guyton

Macintyre

Hardman of J aekson McCrory

Harrington

McCurry

Hatfield

McCutchen

Heard

McElreath

Helms

McMahan

Henderson of Irwin McMichael of Butts

Henderson of Turner McMichael of Marion

Holtzclaw

McWhorter

Hubbard

Oliver

Hullender

Parker of Talbot

Huie

Persons

Johnson of Bartow Pierce

Johnson of Jeff Davis Pope

Porter Price Proctor Redding Reese Reid of Campbell Reid of Putnam Rentz Rogers Sheppard Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walto'n Tarver Tippins Tracey Turner Turnipseed Upshaw Vinson Walters Watkins White of Screven Whiteley Williams Wohlwender Woodliff Wright of Floyd

Those voting m the negative were Messrs:

Adams Bagley Baker Brinson of Decatur Brinson of Emanuel Cowan Ellison

English Hall Hendricks Kelley Kennedy Lovejoy Meadows of Toombs

Mitchell McConnell Parker of Decatur Stubbs Tuggle Wasden Wright of Stewart

1138

JouRNAL oF THE HousE.

Those not voting were Messrs. :

Allen Atherton Bailey Berry Boyd Buxton Carter Cordell Culberson Edmondson Ellis Fender Gillis Godley Griffin of Sumter

Griffin of Twiggs Paulk

Hardeman of Jeffs 'n Peacock

Harvey

Reaves

Hill

Reid of Macon

Holder of Floyd

Roberts

Howell

Rosser

Jones of Meriwether Shirley

Keith

Simmons

Kendrick

Stovall

Kicklighter

Strong

Lawrence

Waddell

Marshall

Wight of Grady

Meadows of Telfair Wood

McArthur

Mr. Speaker

McCarthy

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

On th~ passage of the bill the ayes were 119, nays 21.

The bill having received the requisite Constitutional majority, was passed.

Upon request of the author House Bill No. 445 was taken from the table and placed on the calendar.

By Messrs. Brown, of Carroll; and Anderson, of Chatham-
A bill to provide additional funds for the maintenance, etc., of Agricultural and Industrial Schools.

FRIDAY, AuousT 6, 1909.

1139

An appropriation being involved, the Speaker resolved the House. into the Committee of the whole and designated as Chairman, Mr. Hall, of Bibb.
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 favorable 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 Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Bulloch Anderson of Chatham Armistead Atherton Atkinson Ault Barksdale Bailey Baker Barrett Beacham Beasley Bell Booker Brinson of Emanuel Brown of Carroll Brown of Fulton

Brown of Henry Brown of Murray Burch Butt Buxton Calbeck Cannon Carswell Carter Chandler Childs Converse Cooke Couch Cowan Daniel Davis Dickson Drawdy Edwards Ellison English

Faircloth Fender Ford Fullbright Garlington Gastley Gillis Guyton Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hill Holtzclaw Hubbard Hullender Johnson of Bartow Johnson of Jeff Davis

1140

J OliRNAL oF THE HousE.

Johnson of Towns Macintyre

Joiner

McCarthy

Jones of Laurens McConnell

Jones of Meriwether McCrory

Jones of Mitchell

McCutchen

Kirby

McElreath

Lawrence

McMahan

Lewis

McMichael of Butts

Littleton

McWhorter

Lord

Persons

Marshall

Pierce

Meadows of Telfair Pope

Middlebrooks

Porter

Miller of Calhoun Price

Miller of Ware

Proctor

Milikin

Reaves

Minter

Redding

Mitchell

Reese

Moore

Reid of Campbell

Moss

Reid of Putnam

MacFarland

Rentz

Roberts Rogers Sheppard Simpson Slade Smith of Tattnall Smith of Walton Strong Tippins Turnipseed Upshaw Vinson Walters Wasden Watkins White of Screven Whiteley Williams Wohlwender Woodliff Wright of Floyd

Those voting in the negative were Messrs:

Brinson of Decatur Cureto'n Elder Ellis Evans Graddick

Hall Huie Kelley Kidd Lovejoy McCurry

Oliver Parker of Decatur Peacock Tarver

Those not voting were Messrs. :

Bagley Berry Boyd Cordell Culberson Edmondson Field of DeKalb Fields of Crisp Godley

Griffin of Sumter Griffin of Twiggs Hardeman of Jeffs'n Hendricks Holder of Floyd Howell Keith Kendrick Kounedy

Kicklighter Meadows of Toombs McArthur McMichael of Marion Parker of Talbot Paulk Reid of Macon Rosser Shirley



FRIDAY, AuGUST 6, Wllf>.

1141

Simmons Smith of Gilmer Stovall Stubbs

'rracey Tuggle Turner Waddell

Wight of Grady Wood Wright of Stewart Mr. Epeaker

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

On the passage of the bill the ayes were 129, nays 16.
The bill having received the requisite Constitutional majority, was passed.
The bill was immediately transmittedon 1potion of Mr. Milikin.

By Mr. Upshaw-
A bill to authorize the Commissioner of Pensions to pay the penRion due the husband at his death to his widow.
The following Committee amendment was adopted, to-wit: By striking from the latter part of Section 1, after the words "having a widow," the following words: "Who would be entitled under the law to be put on the pension roll in ~1er own right."
The favorable report of the Committee was agreed to as amended.
On 'the passage of the bill the ayes were 971 / nays 0.

1142

JouRNAL OF THE HousE.

The bill having rec~ived the requisite Constitutional mfljrrity was passed as amended.
Leave of absence was granted Mr. Stovall, of Elbert; Mr. Middlebrooks, of Newton.
On motion of Mr. Sheppard, the Speaker announced the House adjourned until 3 o'clock this afternoon.

3 o'clock p. m.
The House re-convened at this hour and was called to order by the Speaker.
By unanimous consent the call of the roll was dispensed with.
On motion of Mr. Hall, of Bibb, Rule 177 was suspended and by unanimous consent he then submitted the following order of business, whlqh was adopted:
The first 20 minutes of the afternoon session be devoted:
1. Reports of Standing Committees.
2. Introduction of new matter.
3. :B-,irst reading Senat~ bills.
4. Second reading House Bills favorably reported.

FRIDAY, AuausT 6, 1909.

1143

5. Third reading local House bills and local House resolutions favorably reported.
6. Uncontested City Court bills.
7. Second reading Senate bills.
Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bill of the House and instructed to report the same back with recommendation that it do pass.
H. B. No. 695. To amend Act creating new Char ter for the City. of Atlanta, and Acts amendatory thereof.
Respectfully submitted,
FuLLBRIGHT, Chairman.

Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills and instrnet. me to report them as follows:
Senate Bill No. 132. To provide for pleading aad practice in County Courts. Do pass.

1144

JouRNAL OF THE HqusE.

House Bill No. 631. To amend the Act creating the City Court of Quitman. Do pass as amend.'1l.
Respectfully submitted,
FuLLBRIGHT, Chairman.
Mr. Reid, of Putnam, Vice-Chairman of the Committee on General Agriculture, submitted the following report:
'Mr. Speaker:
Your Committee on General Agriculture have had under consideration House Bill No. 540, and have instructed me as their Vice-Chairman to report the same back with the recommendation that the same do pass as amended.
House Bill No. 540. To amend the Act of DecembeT" 29, 1888, so as to provide for the establishing of a Branch Experiment station and farm in Ware county, and for other purposes.
Respectfully submitted,
A. C. REm, of Putnam, Vice-Chairman.
Mr. Butt, Chairman of the Committee on Corpoiations, submitted the following report:
Mr. Speaker:
The Committee on Corporations has had under

FRIDAY, AuausT 6, 1909.

1145

consideration the following Rouse bills and request me as their Chairman to report same back with the following recommendations:
House Bill No. 693. To amend the Charter of Lumpkin, Stewart county. Do pass.
House Bill No. 684. To amend the Charter of the City of Jefferson, Jackson county. Do pass.
House Bill No. 686. To amend an Act incorporating the trustees of Martin Institute so as to mcrease the number of trustees. Do pass.
House Bill No. 685. To amend the Charter of the City of Jefferson, Jackson county. Do pass.
House .Bill No. 694. To amend the Charter of the City of Griffin, Spalding county. Do pass.
House Bill No. 696. To incorporate the town of Woolsey, Fayette county. Do pass.
Senate Bill No. 119. To amend the new Charter of the City of Columbus, Muscogee county. Do pass.
Senate Bill No. 134. To create a new Charter for the City of Rutledge, Morgan county. Do pass.
House Bill No. 673. To incorporate the 'town of Alamo, Montgomery county. Do pass.
House Bill No. 655. To be entitled an Act to re-

1146

JouRNAL oF THE HousE.

peal an Act to incorporate the town of Clayton, Rabun county. Do pass.
BuTT, Chairman.
Mr. Hall, Chairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary have had under consideration the following bills of the Senate and instruct me as their Chairman to report same back to the House with the re'commendation that same do pass, to-wit:
. A bill to fix salary of stenographer to the Attorney-General.
A bill to provide for an additional judge of the Atlanta Circuit.
Also, the following bill of the House with the recommendation that same do pass as amended, towit:
A bill to amend Charter of City of Macon.
Respectfully submitted,
J. H. HALL, Chairman.
The following Senate bill was read the third time, to-wit:

FRIDAY, AuousT 6, 1909.

1147

ry Mr. Rutherford, of 22d district-
A bill to authorize railroad companies to condemn property on conditions.
Referred to Committee on Railroads.
Mr. Stubbs, Chairman of 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 Irwin county.
An Act to establish the City Court of Ocilla.
An Act to create the office of Commissioner of Roads and Revenues in and for Coffee county.
An Act to change the time of holding the Superior Court of Greene county.
An Act to incorporate the town of Patten, m Thomas county.
An Act to establish the City Court of Thomasville.

1148

JouRNAL OF THE HousE.

Mr. Stubbs, Chaihnan 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, towit:
An Act to repeal an Act approved August 11th, 1908, to establish a public school system within the corporate limits of the City of Wrightsville.
An Act to incorporate the town of Cadwell, in the county of Laurens.
An Act to amend an Act creating a new Charter for the City of Newnan, by extending the corporate limits of said town.
An Act to create a Board of Commissioners of Roads and Revenues for Coffee county, Ga.
An Act to repeal an Act incorporating the Woodbury School District.
An Act to authorize the Mayor and Aldermen of the town of Calhoun to construct and maintain a street crossing over the Western and Atlantic Railroad.

\

J1'RIDAY, AuousT 6, 1909.

1149

An Act to amend the Act incorporating the town of Ty Ty.
An Act to amend the Charter of Williamsville in Walton county1 so as to diange the name of said town to Bold Springs, etc.
An Act to authorize the county of Ware to issue bonds for building public roads, bridges, drains, etc.
An Act to amend the Act establishing a City Court in the county of Hall.
An Act to incorporate the town of Avalon, in the County of Stephens.
An Act to amend the Charter of the town of Chipley.
An Act to amend the Charter of the town of Loganville.
An Act to amend the Charter of the town of Grant- ville, in Coweta County.
An Act to create in and for the County of Chatham a County Police Force.
An Act to fix the compensation of the Ordinary of Stephens County for attending to matters pertaining to Roads and Revenues in said County.

1150

JOURNAL OF THE HOUSE.

An Act to amend an Act incorporating the town of Blairsville, in Union County.
An Act to amend the Charter of Greenville, Meriwether County.
The following bills. were .read the second time, towit:

By Messrs. Brown, Alexander and McElreath-

A bill to amend the Charter of the City Court of Atlanta.

By Mr. Cannon, of Rabun-

A bill to repeal an Act to incorporate the town of Clayton.

By Mr. Minter, of Fayette-

A bill to amend an Act to incorporate the town of Woolsey.

By Mr. Wright;, of Stewart-
A bill.to amend an Act to create a Charter for the town of Lumpkin~

FRIDAY, AuGUST 6, 1909.

1151

By Mr. Pope, of Brooks-

A bill to amend an Act to create the City Court' of Quitman.

By Mr. Boyd, of SpaldingA bill to amend the Charter of the, City of Griffin.

By Mr. McArthur, of Montgomery-

A bill to incorporate the town of Alamo.

By Messrs. J\Iiller, of Ware, and Boyd-
A bill to amend an Act providing for an Agricultural Experimental Station.
By unanimous consent, tlu~ following bill was read the first time, to-wit:

By Messrs. Moss and Daniel, of Cobb-
A bill to amend an Act to amend and consolidate the Acts to incorporate the town of Austell.
Referred to Committee on Corporations.
The following bills were read the third time and put upon their passage, to-wit:

1152

JouRNAL oF THE HousE.

By Mr. Hendricks, of Tift-
A bill to amend the Charter of the City of Tifton.
rrhe favorable report of the Committee 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. Miller, of Ware-
A bill to prohibit the sale of near. beer m the County of Ware.
The favorabb report of the Committee 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 Messrs. Hardman and Holder-
A bill to incorporate the City of Commerce.
The favorable report of the Committee was agreed to.

. FR~DAY, AuausT 6, 1909.

1153

On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Hall, of Bibb-
. . A bill to amend the Charter of the City of Macon.
The Committee proposed to amend by striking Sections 2, 4 and 7 and numbering remaining Sections.
The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the aye.s were lOP, nays 0.
The bill having received the requisite Con~titu tional majority, was passed, as amended.

By Messrs. Vinson and Tuggle-

A bill to appropriate $25,800 for ~he purpose of building negro reformatory, and for other purposes.
The previous question was called and the main question ordered.

1154

JouRNAL oF THE Hous:E.

An appropriation being involved, the Speaker resolved the House into the Committee of the Whole, and designated as Chairman, Mr. Sheppard, of Sumter.
After a consideration of the bill, the Committee arose, and through its Chairman, reported the same back with 'he recommendation that it do pass, as amended.
The previous question was sustained and the main question' ordered.
The following amendments were adopted, to-wit:

By Mr. Lovejoy-
To amend by striking ''$25,800'' wherever the same occurs and insert '' $8,000. ''
Also,
To amend by striking all subjects in Paragraph 2 except "new reformatory building for negroes and two tuberculosis hospitals, and fixing the amount for the negro reformatory at $4,000, and for the hospital, $4,000. ''

By Mr. Anderson, of Chatham-
rro amend caption by striking "$25,800" and inserting '' $8,000. ' 1

FRIDAY, AuGusT 6, 1909.

1155

The favoraLle report of the Committee was agreed to, as amended.

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.:

Alexander of DeKalb Ford

Alexander of Fulton Garlington

Anderson of Chatham Gastley

Armistead

Gillis

Atherton

Grad dick

Atkinson

Guyton

Ault

Hall

Barksdale

Harqman of Jackson

Baker

Harrington

Barrett

Harvey

Bell

Henderson of Irwin

Booker

Henderson of Turner

Boyd

Hill

Brinson of Emanuel Holtzclaw

Brown of Carroll

Hullender

Brown of Fulton

Joiner

Brown of Henry

Jones of Meriwether

Burch

Jones of Mitchell

Butt

Kendrick

Buxton

Kicklighter

Cannon

Lawrence

Carswell

Le.wis

Childs

Littleton

Cooke

Lord

Davis

Lovejoy

Drawdy

Miller of Calhoun

Ellis

Miller of Ware

English

Milikin

Evans

Mitchell

Faircloth

Moss

Field of DeKalb

MacFarland

Macintyre McCarthy McCurry McElreath McMahan McMiehael of Butts McWhorter Parker of Talbot Peacock Pierce Price Proctor Reaves Redding Reese Reid of Campbell Reid of Putnam Rentz Roberts Simmons Slade. Smith of Walton Strong Stubbs Tarver Tracey Tuggle Turnipseed Upshaw Vinson Walters

1156

JouRNAL oF THE HousE.

Wasden Watkins Williams

Wohlwender Woodliff Wright of Floyd

Wright of Stewart

Those voting in the negative were Messrs.:

Allen Beacham Brinson of Decatur Brown of Murray Calbeck Carter Chandler Cordell Cureton Dickson Elder Ellison Fields of Crisp

Hatfield Heard Helms Huie Johnson of Bartow Johnson of Towns Jones of Laurens Kelley Kennedy Kidd Kirby Meadows of Telfair Meadows of Toombs

Moore McConnell McCutchen Oliver Parker of Decatur Porter E.'heppard Stovall Waddell White of Screven Whiteley

Those not voting were Messrs. :

Adams Alley Anderson of Bulloch Bagley Bailey Beasley Berry Converse Couch Cowan Culberson Daniel
Edmon~son
Edwards Fender Fullbright

Godley

Paulk

Griffin of Sumter Persons

Griffin of Twiggs Pope

Hardeman of Jeffs 'n Reid of Macon

Hendricks

Rogers

Holder of Floyd

Rosser

Howell

Shirley

Hubbard

Simpson

Johnson of Jeff Davis Smith of Gilmer

Keith

Smith of TattnaU

Marshall

Tippins

Middlebrooks

Turner

Minter

Wight of Grady

McArthur

Wood

McCrory

Mr. Speaker

McMichael of Marion

The roll call was verified, and on counting the votes cast, it was found that the ayes were 100, nays 37.

FRIDAY, AuousT 6, 1909.

1157

The bill having received the requisite Consti tu tional majority, was passed, as amended.
The following local bills were read the third time and put upon their passage, to-wit:

By Mr. McMichael, of Butts-

A bill to create a new Charter for the City of Jackson.

The Committee amended by striking from line 8, <1fter word ''East,'' the words '' 97 ehains,'' and the words ''and five links,'' in line 9, to the word ''to.''

Also,

To amend by striking from line 10 the words "due North," and insert the word "Northerly."

Also,

T'o amend by striking from line 10, after the word '' Pepperton,'' all of lines 11 and 12 to and including ''chains,'' to the word ''thence,'' in line 12, and inserting in lieu thereof the words ''to the Northeast corner of the City of Jackson."

The favorable report of the Committ;l wns agreed

to, as amended.

'

On the passage of the bill the ayes wer~ JOG1 :pays 01

1158

JouRNAL OF THE HousE.

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

By Mr. Ford, of Worth-
. A bill to amend an Act to incorporate the City of Sylvester.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the r~quisite Constitutional majority, was passed.

By Mr. Wright, of Stewart-

A bill to require the Commissioners of Stewa1t County to pay officers of Courts of Stewart County reasonable compensation for convicts.

The Committee proposed to amend by striking an

words in line 12, Section 2, after word ''Lumpkin,''

and inserting the words "when the person indicted

or accused is convicted.''

'

The favorable report of the Committee was agreed
to,

FRIDAY, AuousT 6, 1909.

1159

On the passage of the bill the ayes were no,
nays 0.

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

By Mr. McMahan, of Clarke-
A bill to .amend an Act to create a Charter for the City of Athens.
The substitute proposed by the Comrtlittee wn~ adrpted
The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were J ~I), nays 0.
The bill having received the requisite Constitutional maj<Jrity, was passed by substitute.

By Mr. Rogers, of Randolph-
A bill to prohibit the sale of near beer in the town of Shellman.
The following amendment was adopted:
To amend by adding to Section 1 the following: ''Provided, however, that neither the fact of the pas-

1160

JouRNAL OF THE HousE.

sage of this Act nor anything herein contained shall ever be taken or construed to mean or imply that the sale of any malt or alcoholic drink is now lawful in Georgia or as consenting to the sale of any drink containing as much as one-fourth of one per cent. of alcohol.''

The favorable report of the Committee was agreed to, as amended.

On the passage of the bill the ayes were 120, nayso.
The bill having received. the requisite Constitutional majority, was passed, as amended.

By Mr. Faircloth, of Johnson-

A bill to prohibit the sale of near beer and other similar beverages in the County of Johnson.
The following amendments were adopted:
To amend by striking out the proviso from the first Section of the bill, and adding the following:
''Provided, however, that neither the fact of the passage o'f this Act, nor anything herein contained, shall ever be taken or construed to mean or imply that the sale of any malt or alcoholic drink is now lawful in Georgia."

,

FRIDAY, AUGUST 6, 1909.

1161

rrhe favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were !20, nays 0.
The bill having received the requi~ite Constitutional majority, was passed, as amended.

By Mr. Calbeck, of Gordon-
A bill to amend the Charter of the town of Cal- ' houn.
The favorabl~Cl report of the Committee was agreed to.
On the passage of the bill the ayes were 100, nays 0.
The bill having received the requisite Constitut~onal majority, was passed.
By Messrs. Price and Johnson, of Bartow-
A bill to amend the Charter of the town of Adairsville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 100, nays 0.

1162

JouRNAL OF THE HousE.

The bill having received the requisite Constitutional majority, was passed.

By Mr. Ault, of Polk-

A bill to amend an Act to amend and consolidate the Acts incorporating the town of Rockmart.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Cannon, of Rabun-

A bill to incorporate the City of Clayton.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 100, nays 0.
The bill having received the requisite Constitutional majority, was passed.

FRIDAY, AuGUST 6, 1909.

1163

By Messrs. Hardman and Holder, of Jackson-

A bill to amend the Charter of the City of J e:fferson.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 100, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Whiteley, of Glascock-

A bill to amend an Act creating the Board of Com~ missioners for Glascock County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitu. tional majority, was passed.
By Messrs. Hardman and Holder, of Jackson-
A bill to repeal an Act to incorporate the City of Harmony Grove.

1164

JouRNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 100, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Henderson, of Irwin-
A bill to amend an Act to fix the corporate limits of the City of Ocill~.
The favorable report of the Committee was agr,eed to.
On the passage of the bill the ayes w~re 100, nays 0.
The bill having received the requisite Constitutional majority,. was passed.

By Mr. Ford, of Worth-
A bill to amend the Charter of the City of Poulan.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.

:PmDAY, Auamrr G, 1909.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Ford, of Worth-
A bill to amend the Charter of Sylvester so as to provide for the extension of the corporate limits.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitu. tional majority, was passed.
By Mr. Ford, of Worth-
A bill to amend the Charter of the City of Sylvester relative to lights and water works.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 140, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1166

JouRNAL OF THE HousE.

By Mr. Roberts, of Dodge-

A bill to amend an Act to establish a system of Public Schools in the town of Eastman.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 101, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following bills were tabled, to-wit:
House Bills Nos. 684 and 686.
The following pension resolutions were read the third time and put upon their passage, to-wit:

By Mr. Guyton, of Effingham-

A resolution to pay pension to Mrs. Susan P. Ford.
An appropriation being involved, the Speaker resolved the House into the Committee of the Whole and designated as Chairman, Mr. Lovejoy, of Troup.
After a consideration of the resolution, the Com-

FRIDAY, AuGusT 6, 1909.

1167

mittee arose and reported the resolution 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, and the vote was as follows :

Those voting in the affirmative were Messrs.:

Alexander of De'Kalb Ellis

Alexander of Fulton English

Alley

Evans

Anderson of Chatham Faircloth

Armistead

Fender

Atherton

Ford

Atkinson

Fullbright

Ault

Garlington

Barksdale

Gastley

Baker

Graddick

Barrett

Guyton

Beasley

Hardman of Jackson

Bell

Harrington

Booker

Harvey

Boyd

Heard

Brinson of Emanuel Henderson of Irwin

Brown of Henry

Henderson of Turner

Butt

Hill

Buxton

Holtzclaw

Calbeck

Howell

Cannon

Hullender

Carswell

Huie

Chandler

J"ohnson of Bartow

Childs

Johnson of Towns

Converse

Joiner

Cooke

Jones of Mitchell

Cordell

Kendrick

Couch

Kicklighter

Davis

Kirby

Drawdy

Lewis

Lord Lovejoy Marshall Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McCarthy McConnell McCutchen McElreath McMahan McMichael of Butts McWhorter Peacock Pierce Proctor Redding Reese Reid of Campbell Rentz Roberts Sheppard Slade Smith of Walton

. 1168

JouRNAL OF THE HousE.

Stovall Strong Stubbs Tarver Tuggle

Turnipseed Upshaw Vinson Walters Whiteley

Williams Wohlwender Woodliff Wright of Stewart

Those not voting were Messrs.~

Adams Allen _\nderson of Bulloch Bagley Bailey Beacham Berry Brinson of Decatur Brown of Carroll Brown of Fulton Brown of Murray Burch Carter Cowan Culberson Cureton Daniel Dickson Edmondson Edwards Elder Ellison Field of DeKalb Fields of Crisp Gillis Godley Griffin of Sumter

Griffin of Twiggs Paulk

Hall

Persons

Hardeman of Jeffs 'n Pope

Hatfield

Porter

Helms

.Price

Hendricks

Reaves

Holder of Floyd

Reid of Macon

Hubbard

Reid of Putnam

Johnson of Jeff Davis Rogers

Jones of Laurens Rosser

Jones of Meriwether Shirley

Keith

Simmons

Kelley

Simpson

Kennedy

Smith of Gilmer

Kidd

Smith of Tattnall

Lawrence

Tippins

Littleton

Tracey

Meadows of Telfair Turner

Meadows of Toombs Waddell

Middlebrooks

Wasden

McArthur

Watkins

McCrory

White of Screven

McCurry

Wight of Grady

McMichael of Marion Wood

Oliver

Wright of Floyd

Parker of Decatur Mr. Speaker

Parker of Talbot

By unanimous consent, the verification of the roll call was di~pensed with.

On the passage of the resolution the ayes were 104, nays 0.

FRIDAY, AuausT 6, 1909.

1169

The resolution having received the requisite Constitutional majority, was passed.

By Mr. MacFarland, of Mcintosh-

A resolution to pay Archibald McKinley the pension due him.

An appropriation being involved, the Speaker resolved the House into the Committee of the Whole and designated as Chairman, Mr. Henderson, of Irwin.

After a consideration of the resolution, the Committee arose and reported the same back with the recqmmendation that it do pass.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Barrett

Alexander of Fulton Beacham

Alley

Beasley

Anderson of Chatham Bell

Armistead

Booker

Atherton

Boyd

Atkinson

Brinson of Emanuel

Ault

Brown of Henry

Barksdale

Brown of Murray

Baker

Burch

Butt Buxton Calbeck Cannon Carswell Carter Chandler Childs Converse Cooke

1170

JOURNAL OF THE HOUSE.

Cordell Couch Ellis English Evans Fender Fullbright Garlington Gastley Graddiek Guyton Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holtzclaw Howell Huie Johnson of Townl! Joiner

Jones of Laurens Jones of Meriwether Jones of MitcheU Kendrick Kidd Kirby Lawrence Lewis Littleton Lord Lovejoy Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland McCarthy McCutchen McMahan McWhorter Peacock Pierce Price

Proctor Redding Reese Reid of Putnam Rentz Roberts Sheppard Simmons Slade Smith of Walton Stovall Tarver Tuggle Turner Turnipseed Upshaw Vinson Walters Wasden White of Screven Whiteley Williams Wohlwender Woodliff Wright of Ployd Wright of Stewart

Those not voting were Messrs. :

Adams Allen Anderson of Bulloch Bagley Bailey Berry Brinson of Decatur Brown of Carroll Brown of Fult.on Cowan Culberson Cureton Daniel

Davis Dickson Drawdy Edmondson Edwards Elder Ellison Faircloth Field of DeKalb FiP.lds' of Crisp Ford Gillis Godley

Griffin of Sumter

Griffin of Twiggs

Hall

Hardeman of Jeffs 'n

Holder of Floyd

Hubbard



Hullender

Johnson of Bartow

Johnson of Jeff Davifl

Keith

Kelley

Kennedy

Kicklighter

FRIDAY, AuGusT 6, 1909.

1171

Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Macintyre McArthur McConnell McCrory McCurry McElreath McMichael of Butts McMichael of Marion Oliver

Parker of Decatur Parker of Talbot Paulk Persons Pope Porter Reaves Reid of Campbell Reid of Macon Rogers Rosser Shirley Simpson

Smith of Gilmer Smith of Tattnall Strong Stubbs Tippins Tracey Waddell Watkins wight of Grady Wood Mr. Speaker

By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the resolution the ayes were 108, nays 0.
The resolution having received the requisite Constitutional majority, was passed.

By Mr. Helms, of Paulding-

A resolution to pay pension to Mrs. F. E. Morgan.
An appropriation being involved, the Speaker resolved the Hlouse into the Committee of the Whole and designated as Chairman, Mr. MeWhorter.
After a consideration of the resolution, the Committee arose and reported the same back with the recommendation that it do pass.

1172

JOURNAL OF THE HousE.

The favorable report of the Committee wa; ag1eed to.
On the passage of the resolution, the ayes and nays were ordered, and the vote was as follows:

Those voting.in the affirmative were Messrs.:

Alexander of DeKalb Ford

Moore

Alexander of Fulton Fullbright

Moss

Allen

Garlington

MacFarland

Alley

Gastley

McCarthy

Anderson of Chatham Gillis

Armistead

Graddick

McCutchen McMahan



Atherton

Guyton,

McMichael of Butts

Atkinson

Harrington

McWhorter

Ault

Harvey

Parker of Decatur

Barksdale

Hatfield

Peacock

Baker

Heard

Pierce

Barrett

Helms

Price

Beasley

Henderson of Irwin Proctor

Bell

Henderson of Turner Redding

Booker

Hill

Reese

Boyd

Holtzclaw

Reid of Campbell

Brinson of Emanuel Hullender

Reid of Putnam

Brown of Murray Huie

Roberts

Burch

Johnson of Bartow Sheppard

Butt

Johnson of Towns Simmons

Calbeck

Joiner

Slade

Cannon

Jones of Laurens Smit~ cvf Walton

Carswell

Jones of Meriwether Sto,all

Carter

Jones of Mitchell Stubbs

Chandler

Kendrick

Tarver

Childs

Kirby

Turner

Cooke

'Lewis

Upshaw

Cordell

Littleton

Walters

Couch

Lord

Wasden

Daniel

Lovejoy

Whiteley

Ellis

Miller of Calhoun Williap1s

English

Miller of Ware

Wohlwender

Evans

Milikin

Fender

Minter

FRIDAY, AuousT 6, 1909.

1l7:r

Those not voting were Messrs. :

Adams Anderson of Bulloch Bagley Bailey Beacham Berry Brinson of Decatur Brown of Carroll Brown of Fulton Brown of Henry Buxton Converse Cowan Culberson Cureton Davis Dickson Drawdy Edmondson Edwards Elder Ellison Faircloth Field of DeKalb Fields of Crisp Godley Griffin of Sumter Griffin of Twiggs

Hall

Paulk

Hardeman of Jeffs 'n Persons

Hardman of Jackson Pope

Hendricks

Porter

Holder of Floyd

Reaves

Howell

Reid of Macon

Hubbard

Rentz

Johnson of Jeff Davis Rogers

Keith

'Rosser

Kelley

Shirley

Kennedy

Simpson

Kicklighter

Smith of Gilmer

Kidd

Smith of Tattnall

Lawrence

Strong

Marshall

Tippins

Meadows of Telfair Tracey

Meadows of Toombs Tuggle

Middlebrooks

Turnipseed

Mitchell

vinson

Macintyre

Waddell

McArthur

Watkins

McConnell

White of Screven

McCrory

Wight of Grady

McCurry

Wood

McElreath

Woodliff

McMichael of Marion Wright of Floyd

Oliver

Wright of Stewart

Parker of Talbot

Mr. Speaker

By unanimous consent, the veri:ficntion of the roll call was dispensed with.

On the passage of the resolution the ayes were 100, nays 0.

The resolution having received t~e requisite Con stitutional majority, was passed.

1174

JOURNAL OF THE HousE.

By Mr. Brown, of Fulton-

A resolution to pay pension due Mrs. Lottie E. Coker.

An appropriation being involved, the Speal:er resolved the House into a Committee of the ""\Vlwle aud designated as Chairman, Mr. Moss, of Cobb.

Ater a consideration of the resolution, the Committee arose and reported the same back with the recommendation that it do pass.

The favorable report of the Committee was agreed to.

On the passage of the resolution the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs. :

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Alley

Calbeek

Anderson of Chatham Carswell

Armistead

Carter

Atkinson

Chandler

Ault

Childs

Barksdale

Converse

Barrett

Cooke

Beasley

Cordell

Bell

Couch

Booker

Drawdy

Brinson of Emanuel Ellis

Brown of Henry

English

Brown of Murray Evans

Burch

Fullbright

Garlington Gastley Graddick Guyton Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hill Holtzclaw Hullender Huie

FRIDAY, AuGusT 6, 1909.

1175

Johnson of Bartow Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Kendrick Kidd Kirby Lawrence Lewis Lord Lovejoy Miller of Calhoun Miller of Ware Milikin Minter

Moore Moss McCutchen McMahan McMichael of Butts McWhorter P:uker of Decatur Pierce Price Proctor Reaves Redding Reid of Putnam Rentz Roberts Simmons

Slade Smith of Gilmer Smith of Walton Stovall Tarver Turnipseed Upshaw Vinson Walters Wasden White of Screven Whiteley Williams Wohlwender

Those not voting were Messrs. :

Adams

Ellison

Marshall

Allen

Faircloth

Meadows of Telfair

Anderson of Bulloch Fender

Meadows of Toomb!l

Atherton

Field of DeKalb

Middlebrooks

Bagley

Fields of Crisp

Mitchell

Bailey

Ford

MacFarland

Baker

Gillis

Macintyre

Beacham

Godley

McArthur

Berry

Griffin of Sumter

McCarthy

Boyd

Griffin of Twiggs McConnell

Brinson of Decatur Hall

McCrory

Brown of Carroll

Hardeman of J eft's 'n McCurry

Brown of Fulton

Hendricks

McElreath

Cannon

Holder of Floyd

McMichael of Marion

Cowan

Howell

Oliver

Culberson

Hubbard

Parker of Talbot

Cureton

Johnson of Jeft'.Davis Paulk

Daniel

Jones of Mitchell Peacock

Davis

Keith

Persons

Dickson

Kelley

Pope

Edmondson

Kennedy

Porter

Edwards

Kicklighter

Reese

Elder

Littleton

Reid of Campbell

1176

JOURNAL OF THE HousE.

Reid of Macon Rogers Rosser Sheppard Shirley Simpson Smith of Tattnall

Strong Stubbs Tippins Tracey 'l'uggle Turner Waddell

Watkins Wight of Grady Wood Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

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

On the passage of the resolution, the ayes were 94, nays 0.

The resolution having received the requisite Constitutional majority, was passed.

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

By Mr. Slaton, of 35th district-
A bill to provide for another Judge of the Atlanta Judicial Circuit.

By Mr. Slaton, of 35th district --
A bill to provide for County Police, and for other purposes.
Leave of absence was granted Mr. Brown, of Carroll.
On motion of Mr. Ellis, the Speaker announced the House adjourned until 7 :30 o'clock this evening.

FRIDAY, AuausT 6, 1909.

1177

7:30 O.'CLOcK, P.M.

The House reconvened at this hour and was called to order by the Speaker.
The roll was called, and the following members answered to their names:

Adams

Carswell

Alexander of DeKalb Carter

Alexander of Fulton Chandler

Allen

Childs

Alley

Converse

Anderson of Bulloch Cooke

Anderson of Chatham Cordell

Armistead

Couch

Atherton

Cowan

Atkinson

Culberson

Ault

Cureton

Barksdale

Daniel

Bagley

Davis

Bailey

Dickson

Baker

Drawdy

Barrett

Edmondson

Beacham Beasley

Edwards Elder

Bell Berry

Ellis Ellison

Booker Boyd Brinson of Decatur

English Evans Faircloth

Brinso11 of Emanuel Fender

Brown of Carroll

Field of DeKalb

Brown of Fulton Brown~ of Henry

Fields of Crisp Ford

Brown of Murray Fullbright

. Burch

Garlington

Butt

Gastley

Buxton

Gillis

Calbeck

Godley

Cannon

Grad dick

Griffin of Sumter Griffin of Twiggs Guyton Huli Hardeman of Jeffs 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Jones of Mitchell Keith Kelley Kendrick Kennedy Kicklighter

1178

JOURNAL oF THE HousE.

Kidd Kirby Lawrence Lewis Littleton Lord Lovejoy Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts

McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce Pope Porter Price Proctor Reaves Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Rentz Roberts Rogers Rosser Sheppard Shirley Simmons Simpson Slade Smith of Gilmer

Smith of Tattnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Wood Woodlilf Wright of Floyd Wright of Stewart Mr. Speaker

The following resolution w:as read and unanimously adopted, to-wit:

By Mr. Lovejoy, of Troup-
A resolution sympathizing with Hon. Thos. M. Godley, of the County of Camden, in his protracted illness.

FRIDAY, AuousT 6, 1909.

1179

The order of business, as fixed by the Committee on Rules, was read, and the same is as follows, to-wit:
Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

The Committee on Corporations has had under consideration the following House bill, to-wit:

No. 697. A bill to be entitled an Act to amend, consoli~ate and supersede the several Acts incorporating the town of Austell, in the County of Cobb, and request me as their Chairman to report the same back with following recommendation:

Do pass. August 6th, 1909.

BuTT, Chairman.

Mr. Wright, of Floyd, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following bills, and beg leave to report same back to the House with the recommendation that same do pass:

1180

JOURNAL OF THE HousE.

Senate Bill No. 122. Amend. Section 2059, Code of 1895.
House Bill No. 654. Require mutual insurance companies to make deposits.
Respectfully submitted,
WRIGHT, of Floyd, Chairman.

Mr. Heard, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking have had under consideration Senate Bill 141, and have instructed me as their Chairman to report same back to the House with the recommendation that it do pass.
HEARD, Chairman.
Mr. White, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker:
Your Committee on Pensions having had under consideration the following bills1 recommend the following: Thflt

],:RIDAY, AuousT 6, 1909.

1181

By Mr. Hardeman, of Jackson County-

House Resolution No. 136 entitled a resolution to pay pension of B. D. Wallace "to his widow, Sallie Wallace, for three-fourths of year 1908, to-wit: the sum of $45.00, do pass.

By Mr. Gordy, of 24th district-

Senate Bill No. 31 entitled an Act to fix compensation for the Ordinaries of this State, and to provide for the payment thereof for receiving and paying out the pensions of the various pensioners of their Counties, and for preparing the papers and proofs of said pensioners, and for other purposes, do pass.
Respectfully submitted,
WHITE, Chairman.

The following bill was read the second time, towit:
By Mr. Hardeman, of Jackson-
A resolution to pay pension to Mrs. Sallie Wallace.
The following Senate bjll was r~ad the s~<;o:qd, time, to-wit;

1182

JOURNAL OF THE HoUSE.

By Mr. Gordy, of 24th district-
.._~ bill to :fix compensation for Ordinaries of this State for receiving and paying out pensions.
Upon request of the author, House Bill No. 549 was taken from the table and placed on the Calendar.
r.rhe following bill was read the second time, towit:

By Mr. Wohlwender-
A bill to require all mutual co-operative :fire insurance companies to make a deposit with the State Treasurer.
The following bill was taken up for the purpose of disagreeing to the adverse report of the Committee, to-wit:

By Messrs. Pierce and Garlington-
A bill to amend the Charter of the City of Augusta.
The previous question was called, and the main question ordered.
The House reconsidered its action in ordering the main question.
r;'lw bill was then table9. on motion of Mr. Pierce.

FRIDAY, AuausT 6, 1909.

1183

On motion of Mr. Anderson, of Chatham, all local and City Court bills on the table were taken therefrom and placed on the Calendar.
The following resolution was read and adopted, to-wit:

By Messrs. Faircloth and Hardman-
A resolution sympathizing with Hon. A. S. J. Stovall in the illness of his father.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Reid, of Campbell-
A bill to authorize the exchange of State documents and Supreme Court Reports, etc., between Georgia and other States.
The Section of the above bill providing for a 10 per cent. discount to book dealers was stricken by an amendment by Mr. Reid, of Campbell.
The favorable report of the Committee was agreed to, as amended.
(m the passage of the bill the ayes were 110, nays 0.

i184

JouRNAL oF THE HousE.

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

By Mr. Peacock, of Pulaski-

A bill to provide that the Treasurer of Georgia shall be ex-officio Bond Commissioner, and for otlier purposes.
The previous question was called, and the main question ordered.
The House reconsidererd its action in calling the main question on motion of Mr. Upshaw.
Mr. Upshaw then moved to table the bill, which motion prevailed.
On motion of Mr. Anderson, of Chatham, the session was extended until 10 o'clock for the purpose of reading City Court bills.
Bills for third reading were resumed, to-wit:

By Messrs. McMichae], of Butts, and Boyd, of Spalding-

A bill to reconvey certain grounds to the City of Griffin.
The following amendment was adopted:

FRIDAY, AuousT 6, 1909.

1185

To amend by striking the last clause before the repealing clause and insert the following: ''The State hereby cedes to the City of Griffin the perpetual right to the possession of Camp Northen and the right to perpetually use and enjoy the same for park or other public purposes, except that in the event of war, the State may, and it reserves the right to use and occupy the property hereby ceded for military purposes, .but in no other event
will it interfere, or seek to interfere, with the pos-
session and use of said property by the City of Griffin.
~
''And, further, That police authority and jurisdiction .of the City of Griffin is hereby extended over the territory hereby ceded and jurisdiction of violation of the municipal ordinances of the City of Griffin is hereby vested in the Criminal Court of the City of Griffin.
The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed, as amended.
By Mr. Alexander, of DeKalb-
A bill to provide that there shall be two Assistant
State Librarians, and to fix their salaries.

j 186

JOURNAL OF THE ffOUSE.

The substitute proposed by the Committee was adopted.
The favorable report of the Committee was agreed to by substitute.
. On the passage of the bill the ayes were 101, nays 0.
The bill having received the requisite Constitutional majority, was passed, by substitute.
On motion of the author, House Bill 567 wastabled.

By Messrs. Hardman and Gastley-

A bill to provide for shipping and keeping with the Ordinaries of this State by the State Board of Health, diphtheritic antitoxine, etc.

The substitute recommended by the Committee was adopted.

The favorable report of the Committee was agreed to by substitute.

On the passage of the bill the ayes were 96, nays 0.

The bill having received the requisite Constitu-

tional majority, was passed by substitute.



FRIDAY, AuGusT 6, 1909.

1187

By Mr. McMichael, of Marion-

A bill to legalize certain stock law fences in Georgia, and for other purposes.
The following amendment was adopted by inserting word "heretofore" between words "held" and "and" in line 7, Section 1.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 105, nays 0.
The bill having received the requisite Constitu~ tional majority, was passed as amended.

By Mr. Anderson-

A bill to delegate to certain counties full power and authority over sanitation within the county.
The substitute offered by the Committee was adopted.
The favorable report of the Committee was agreed to by substitute,
.Up<;>n the passage of the .bill the ayes were 981
nays 0.

1188

JOURNAL OF THE HoUSE.

The bill having received the requisite Constitutional majority, was passed by substitute.

By Mr. Anderson, of. Chatham-

,
' -;

A bill to authorize certain counties to lay ?~~ maintain, regulate and discontinue a system of drai~ age.

The substitute offered to the above bill was

adopted.

"

The favorable report of the Committee was agreed to by substitute.

Upon the passage of the bill the ayes were 98, nays 0.

The bill having received the requisite Constitutio~al majority was passed by substitute.

By Mr. Anderson, of Chatham-

A bill to amend an Act to authorize the authorities of certain cities to establish a farm or other place of confinement to which may be sent persons convicted in police courts, etc.
The favorable report of the Committee was ~reed
tor

FRIDAY, AuausT 6, 1909.

1189

Upon the passage of the bill the ayes were 98, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Anderson, of Cl:atham-

A bifl to authorize authorities of certain cities to establish and maintain a sanitarium for persons af.fiicted with tuberculosis.

The favorable report of the Committee was agreed

to.



On the passage o[ :the bill the ayes were 98, nays 0.
The bill having rect:\ived the requisite Constitutional majority, wa~ passed.
On motion of Mr. Anderson, of Chatham, the House adjourned and the Speaker announced the House adjourned until 9 o'dock tomorrow morning.

1190

JOURNAL OF THE HousE.

ATLANTA, GEORGIA,

SATURDAY, AuGusT 7th, 1909.

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

Brown of Murray

Alexander of DeKalb Burch

Alexander of Fulton Butt

Allen

Buxton

Alley

Calbeck

Anderson of Bulloch Cannon

Anderson of Chatham Carswell

Armistead

Carter

Atherton

Chandler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

Bailey

Couch

Baker

Cowan

Barrett

Culberson

Beacham

Cureton

Beasley

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

J3row. of Henry

English

Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J e:ff's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks
:am

SATURDAY, AuGusT 7, 1909.

1191

Holder of Floyd

Moss

Sheppard

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Si=ons

Hubbard

McArthur

Simpson.

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

Johnson of Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens McMahan

Stubbs

Jones of Meriwether McMichael of Butts Tarver

Jones of Mitchell McMichael of Marion Tippins

Keith

McWhorter

Tracey

Kelley

Oliver

Tuggle

Kendrick

Parker of Decatur Turner

Kennedy

Parke1 of Talbot

Turnipseed

Kicklighter

Paulk

Upshaw

Kidd

Peacock

Vinson

Kirby

Persons

Waddell

Lawrence

Pierce

Walters

Lewis

Pope

Wasden

Littleton

Porter

Watkins

Lord

Price

White of Screven

Lovejoy

Proctor

Whiteley

Marshall

Reaves

Wight of Grady

Meadows of Telfair Redding

Williams

Meadows of Toombs Reese

Wohlwender

Middlebrooks

Reid of 'Campbell Wood

Miller of Calhoun Reid of Macon

Woodliff

Miller of Ware

Reid of Putnam

Wright of Floyd

Milikin

Rentz

Wright of Stewart

Minter Mitchell

Roberts Rogers

Mr. Speaker

Moore

Rosser

By unanimous consent, the reading of the Journal of yesterday's p;oceedings was dispensed with:

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

1192

JouRNAL oF THE HousE.

Mr. Speaker:

The Senate has passed by the requisite Constitutional majority the following bills of tl?-e House, towit:
A bill to amend the Constitution of Georgia, so as to allow the City of Augusta to increase her bonded indebtedness beyond the amount now allowed by the Constitution.
A bill to. amend the Act establishing the City Court of Statesboro.
A bill to repeal an Act entitled an Act to provide for change of county lines in certain cases.
A bill to repeal an Act to establish the City Court of Danielsville.
A bill to establish a new Charter for the town of Tennga in the county of Murray.
A bill to amend the Charter of the town of Bronwood.
A bill to authorize the Mayor and Council of Macon to close and sell certain portions of streets.
A bill to amend an Act establishing the City Court of Vienna in and for the county of Dooly.

SATURDAY, Auaus.T 7, 1909.

1193

A bill to amend an Act to incorporate the town of Brinson in the county of Decatur.
A bill to establish a system of public schools in the town of Dallas.
A bill to incorporate the town of Grovania in the county of Houston.
A bill to abolish the City Courtof Ashburn.
A bill to incorporate the town of Five Forks in the county of Madison.
A bill to amend an Act creating a Board of County Commissioners for Dodge county.
A bill to authorize the Mayor and Council of the town of Roswell to issue bonds.
A bill to amend the Charter of the town of Unadilla.
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner county.
A bill to amend the Charter of town of Lithonia in county of DeKalb.
A bill to amend the schoc;>llaws of the city of Moultrie.

1194

JouRNAL oF THE HousE.

A bill to extend the corporate limits of the town of Martin.
A bill to amend the Charter of the City of Eastman in the county of Dodge.
A bill to repeal an Act creating the City Court of Barnesville.
A bill to repeal an Act incorporating the town of Piedmont in Pike county.
A bill to amend the Charter of the City of Clarksville.
A bill to amend the Act establishing the City Court of Leesburg.
A bill to create and incorporate the City of Summerville.
A bill to amend the Act of 1899 relating to water, lights and sewerage in the City of Marietta.
A ~ill to amend the Act of 1906 relative to water and lights for City of Marietta.
A bill to provide a new Charter for the City of Darien.
A bill to provide for a system of public schoole for the City of Darien.

SATURDAY, AuausT 7, 1909.

1195

A bill to amend the Act establishing a City Court in the City of Columbus.

A bill to create a Board of Commissioners of Roads and Revenues for the county of Madison.

A bill to amend the Charter of town of Sparks.

A bill to amend Section 3' of the Charter of the City of Lawrenceville.
A bill to amend' Section 52 of the Charter of the City of Lawrenceville.

A bill to repeal the Act incorporating the Wares~ boro School District.

A bill to authorize the trustees of Effingham Academy to use its assets to build a school building at .Springfield.

A bill to abolish the County Court of Jeff Davis county.

A bill to extend the corporate limits of village of Summerville, Richmond county.

The Senate has passed as amended by the requisite Constitutional majority, the following House bills, to-wit:

A bill to amend the Charter of the City of La

Fayette.



1196

JouRNAL oF THE HousE.

A bill to provide a new Charter for the City of Waycross.
The Senate has passed by substitute by the requisite Constitutional majority the following bill of the Hbuse, to-wit:
A bill to incorporate the City of Glennville in the county of Tatnall.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite Constitlltional majority the follo'wing bills of the Senate, towit:
A bill to transfer the county of Tatnall from the Middle Judicial Circuit to the Atlantic Judicial Cir-. cuit.
A bill to confer upon counties and municipalities in. Georgia power and authority to grant franchises to corporations for construction and operation of lines of electric wires, conduits, etc., for furnishing power.
A bill to ame~d an Act to prescribe the manner of letting public printing.

SATURDAY, AuGUST 7, 1909.

1197

A bill to make it a misdemeanor to obtain food, lodging, etc., at hotels,, boarding houses or eating houses with intent to defraud.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has adopted the following resolution of the Senate, to-wit:
A resolution to authorize ~he State of Georgia to make an exchange of about six (6) acr~s 'of land in Cobb county 210 feet from the right of way of the W. & A. R. R. for an equal amount of land adjoining the right of way of said railroad.
House Bill No. 567 was taken from the table and placed on the Calendar at the request of the author.
By unanimous consent the following bills were read the second time and recommitted, to-wit:

By Mr. Armistead-
A bill to repeal an Act to incorporate the City of Crawford.

By Mr. ArmisteadA bill to incorporate. the City of Crawford.

1198

.TorRNAL OF THE HousE.

Mr. Butt, Chairman of the Committee on Corpor-

.ations, submitted the following report:



Mr. Speaker:

Your Committee on Corporations have had under considerati.on House Bill No. 670, the same being an Act to amend an Act incorporating the town of Leslie in the county of Sumter and instruct me as their Chairman to report the same back with the following recommendation. Do pass.
:aespectfully submitted,

August 7, 1909.

BuTT, Chairman.

Mr. Macintyre, Chairman of the Committee on Counties and Co:unty Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters having had under consideration House Bill No. 691, entitled an Act to amend an Act to create Board of Commissioners for Liberty county, report the same back with the recommendation that it do pass.
Respectfully submitted,
MAciNTYRE, Chairman.

.
SATURDAY, AuGusT 7, 1909.

1199

Mr. Alexander, of DeKalb, asked the unanimous consent of the House that the Clerk be instructed to inform the Senate as to the action taken by the House relative to the Governor's message in the matter of the suspension of S. G. McLendon from the office of R. R. Commissioner and to furnish the Senate with a transcript of the Journal and a copy of the resolution taken in the premises. There was no objection and it was so ordered.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Huie, of Clayton-
A resolution authorizing the Committee to visit the School for Deaf during vacation.
The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes were 120, nays 0.
The resolution having received the requisite Constitutional majority,, was passed.

By Mr. Harrington, of LibertyI,
A resolution to furnish the Ordinary of Liberty county certain volumes of Georgia reports.
The Committee amendment was adopted, to-wit:

1200

JouRNAL OF THE HousE.

To amend by striking the words ''are missing or mutilated" in line 4 and insert the words "were never received.''
The favorable report of the Committee was agreed to as amended.
On the passage of the resolution the ayes were 120, nays 0.
The resolution having received the requisite Constitutional majority, was passed as amended.

By Mr. Calbeck, of Gordon~
A resolution providing for the Committee on Academy for the Blind to v~sit the Academy. during vacation.
The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes were 120, nays 0.
The resolution having received the requisite Constitutional majority, was passed.

By Mr. Anderson, of Chatham-
A resolution to pay G. K. Vason $82.50 for servjces repdere~ the State,

SATURDAY, AuGUST 7, 1909.

1201

An appropriation being involved the Speaker .resolved the House into the Committee of the whole and designated as Chairman, Mr. Kendrick, of Taliaferro.

After a consideration of the resolution the Com.mittee arose and reported the resolution back to the House with the recommendation that it do pass.

The favorable report of the Committee was agreed to.

On the passage of the resolution the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Chatham Armistead Atherton Atkinson Ault Bailey Baker Barrett Beasley Bell Berry Boyd Brinson of Decatur Brinson of Emanuel Brown of Henry Brown of Murray Burel:/.

Butt Buxton Calbeck Cannon Chandler Childs Converse Cooke Cordell Couch ' Cureton Davis Drawdy Elder Ellison English Evans Faircloth Fender Field of DeKalb Ford

Gastley Gillis Grad dick Guyton Hardman of Jackson Harvey Hatfield Helms Henderson of Irwin Henderson of Turner Hill Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Jones of Mitchell :Kelley

1202

JOURNAL OF THE HousE.

Kendrick Kennedy Kicklighter Kirby Lewis Littleton Lord Lovejoy Marshall Meadows of Toombs Miller of Ware Minter Mitchell Moore Moss MacFarland Macintyre McCarthy McConnell McCurry

McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Persons Pope Price Reaves Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Roberts Rogers Sheppard

Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Stubbs Tarver TraQCy Tuggle 'l'nrnipseed Vinson Waddell Walters Wasden Watkins Whiteley Wohlwender Woodliff Wright of Stewart

Those voting in the negative were Messrs.:

Fullbright

Those not voting were Messrs. :

Adams

Edwards

Anderson of Bulloch Ellis

Barksdale

Fields of Crisp

Bagley

Garlington

Beacham

Godley

,

Booker

Griffin of Sumter

Brown of Carroll

Griffin of Twiggs

Brown of Fulton

Hall

Carswell

Hardeman of Jeffs 'n

Carter

Harrington

Cowan

Heard

Culberson

Hendricks

Daniel

Holder of Floyd

Dickson

Holtzclaw.

Edmondson

Howell

Hubbard Keith Kidd Lawrence Meadows of Telfair Middlebrooks Miller of Calhoun Milikin McArthur McCrory McCutchen Paulk Peacock Pierce Porter

SATURDAY, AuGUST 7, 1909.

1203

Proctor Rentz Rosser Shirley Smith of Walton Stovall

Strong Tippins Turner Upshaw White of Screven Wight of Grady

Williams Wood Wright of Floyd Mr. Speaker

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

On the adoption of the resolution the ayes were 122, nays 0.
The resolution having received the requisite Constitutional majority, was passed.

On motion of Mr. Hardem~n, of J e:fferson, House Bill No. 420 was taken from the table and placed on the Calendar.

By Messrs. Holder and Hardman, of .:fackson-

A resolution for relief of Claud Hancock and John Bruce.
The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes were 120, nays 0.
The resolution having received the requisite Constitutional majority, was passed.

1204

JoURNAL oF THE HousE.

By Mr. Faircloth-

A resolution to pay W. C. Allen $10.80.
An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated Mr. Cook, of Thomas, Chairman.
After a consideration of the resolution the Committee arose and reported the same back with the recommendation that it do pass.
The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Allen Alley Anderson of Chatham Armistead Atherton Atkinson Ault Barksdale Bagley Bailey Barrett Beasley Bell Boyd Brinson of Decatur Brinson of Emanuel

Brown of Henry Brown of Murray Burch Butt Buxton Calbeck Cannon Carswell Chandler Childs Converse Cooke Cordell Couch Drawdy Elder Ellison

English Evans Faircloth Fender Field of DeKalb Ford Fullbright Gastley Graddick Guyton Hall Hardeman of Jell's 'n Hardman of Jackson Harrington Harvey Hatfield Heard

SATURDAY, AuGusT 7, 1909.

1205

Helms

Minter

Reid of gampbell

Henderson of Irwin Moore

Reid of Macon

Henderson of Turner Moss

Rentz

Hill

Macintyre

Roberts

Hullender

McCarthy

Rogers

Huie

McConnell

Sheppard

Johnson of Bartow McCurry

Simpson

Johnson of Jeff Davis McCutchen

Smith of Tattnall

Johnson of Towns McElreath

Smith of Walton

Joiner

M;cMahan

Strong

Jones of Laure.ns McMichael of Butts Stubbs

Jones of Meriwether McMichael of Marion Tippins

Jones of Mitchell McWhorter

Tracey

Kelley

Oliver

Tuggle

Kennedy

Parker of Decatur Turnipseed

Kicklighter

Parker of Talbot

Vinson

Kirby

Peacock

Waddell

Littleton

Persons

wa~den

Lord

Pierce

Watkins

Marshall

Pope

Whiteley

Meadows of Toombs Price

Williams

Miller of Calhoun Reaves

Wright of St!)wart

Miller of Ware

Redding

Milikin

Reese

Those voting in the negative were Messrs. :

Lewis

Those not voting were Messrs. :

Adams Alexander of Fulton Anderson of Bulloch Baker Beacham Berry Booker Brown of Carroll Brown of Fulton Carter Cowan

Culberson Cureton Daniel Davis Dickson Edmondson Edwards Ellis Fields of Crisp Garlington Gillis

Godley Griffin of Sumter Griffin of Twiggs Hendricks Holder of Floyd Holtzclaw Howell Hubbard Keith Kendrick Kidd

1206

JOURNAL OF THE HousE.

Lawrence Lovejoy Meadows of Telfair Middlebrooks Mitchell MacFarland McArthur McCrory Paulk Porter

Proctor Reid of Putnam Rosser Shirley Simmons Slade Smith of Gilmer Stovall Tarver Turner

Upshaw Walters White of Screven Wight of Grady Wohlwender Wood Woodliff Wright of Floyd Mr. Speaker

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

On the passage of the resolution the ayes were 121, nays 1.

The resolution having received the requisite Constitutional majority, was passed.

House Bill No. 676 was recommitted to the Committee on Temperance upon request of the autl1or.

By Mr. Hardeman, of Jefferson-
A resolution to pay D. 0. Smith and S. N. Titlebaum $612.50 for services rendered the State.
An appropriation being involved the Speaker resolved the House into a Committee of the whole and designated as Chairman, Mr. Milikin, of Wayne.
After a- consideration of the resolution the Committee arose and through their Chairman reported the same back with the recommendation that it do pass.

SATURDAY, AuousT 7, 1909.

1207

'fhe favorable report of the Committee was agreed to.
On the passage of the resolutio~ the ayes and
nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs. :

Alexander of DeKalb Elder

Lewis

Alexander of Fulton Ellison

Lord

Allen

English

Meadows of Toombs

Alley

Evans

Miller of Calhoun

Anderson of Chatham Faircloth

Miller of Ware

. Armistead

Ford

Minter

Atherton

Gastley

Mitchell

Atkinson

Gillis

MacFarland

Ault

Graddick

McCarthy

Barksda](\

Guyton

McCutchen

Bagley

Hardeman of Jeffs 'n McElreath

Bai.ley

Hardman of Jackson McMahan

Baker

Harvey

McMich~el of Butts

Barrett

Heard

McMichael of Marion

Beasley.

Helms

McWhorter

Bell

Henderson of Irwin Parker of Decatur

Berry

Henderson of Turner Parker of Talbot

Booker

Hill

Persons

Boyd

Huie

Pierce

Brinson of Decatur Johnson of Bartow Pope

Brinson of Emanuel Johnson of Jeff Davis Price

Brown of Henry

Johnson of Towns Proctor

Brown of Murray Joiner

Reaves

Burch

Jones of Laurens Redding

Butt

Jones of Meriwether Reese

Buxton

Jones of Mitchell

Reid of Campbell

Calbeck

Keith

Reid of Macon

Cannon

Kelley

Reid of Putnam

Cooke

Kendrick

Rentz

Cordell

Kennedy

Roberts

Cureton

Kicklighter.

Rogers

Davis

Kidd

Sheppard

Drawdy

Kirby

Simmons

1208

JOURNAL OF THE HousE.

Shnpson Slade Smith of Tattnall
Smith of Walton
Stovall Stubbs Tarver

Tippins Tracey Tuggle Turnipseed Upshaw Vinson Walters

Watkins White of Screven Whiteley Wight of Grady Williams

Those voting in the negative were Messrs. :

Childs

Fullbright

Wright of Stewart

Those not voting were Messrs. :

Adams Anderson of Bulloch Beacham Brown of Carroll Brown of Fulton Carswell Carter Chandler . Converse Coueh Cowan Culberson Daniel Dickson Edmondson Edwards Ellis Fender Field of DeKalb Fields of Cl'isp Garlington

Godley Griffin of Sumter Griffin of Twiggs Hall Harrington Hatfield Hendricks Holder of Floyd Holtzclaw Howell Hubbard Hullender Lawrence Littleton Lovejoy Marshall Meadows of Telfair Middlebrooks Milikin Moore Moss

MacintyrE> McArthur McConnell McCrory McCurry Oliver Paulk Peacock Porter Rosser Shirley Smith of Gilmer Strong Turner Waddell Wasden Wohlwender Wood Woodliff Wright of Floyd Mr. Speaker

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

On the passage of the resolution the ayes were 118, nays 3,

SATURDAY, AuausT 7, 1909.

1209

The resolution having receiv~d the requisite Constitutional majority, was passed.

By Mr. Harrington, of Liberty-

A bill to change the time of holding the fall term of the Superior Court of Liberty county.
Committee proposed to amend by striking ''3d Monday in October" and inserting '(4th Monday in October.''
The favorable report of the Comm.ittee 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.
On motion of Mr. Huie, of Clayton, House ~ill No. 582 was tabled.

By Mr. Meadows, of Telfair-

A bill to make unlawful the sale of near beer, etc~ in the county of Telfair:

The following Committee amendment was adopted.

I

.

to-wit:

1210

JouRNAL OF THE HousE.

To amend by striking the proviso and substituting the following: ''Provided, That neither the fact of the passage of this Act nor anything herein contained shan ever be held or construed to mean or imply that any alcoholic or malt liquor can now be legally sold in Georgia.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed as amended.

By Mr. Pope, of Brooks-

A bill to amend an Act to create the City Court of Quitman.
The following Committee amendment was adopted, to-wit:
To amend by striking all of Section 5 of the bill.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 115, nays 0.

SATURDAY, AuGusT 7, 1909.

1211

The bill having received the requisite Constitutional majority, was passed as amended.
On motion of Mr. Boyd, of Spalding, House Bill 582 was taken from the table and placed on the Calendar.

By Mr. Wright, of Stewart-

A bill to amend an Act creating the Charter of the town of Lumpkin.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, naysO.
The bill having received the requisite Constitutional majority, was passed.

By Mr. McArthur, of Montgomery-

A bill to incorporate the town of Alamo.
The favorable r'eport of the Committee was agreed to.
On the passage of the bill the ayes were 1157 nays 0,

1212

JOURNAL OF THE HousE.

The bill having received the requisite Constitutional majority, was passed.

By Mr. Cannon, of Rabun-

A bill to repeal an Act to incorporate the town of Rabun.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
':rhe bill having received the requisite Constitutional majority, was passed.

By Messrs. Porter, Wright, Holder, of Floyd, et. a1.
A bill to authorize the Rome & Northern R. R. to cross the tracks of the Western and Atlantic R. R.
The following Committee amendment was adopted:
To amend Section 3 by adding at the end thereof the following: ''Provided, That before crossing, the consent of the lessees shall be obtained and filed with the Governor.
Provided further, That the State shall incur no
ex_Pense or liability on account of said crossin9.' i

SATURDAY, AUGUST 7, 1909~

1213

The favorable report of the Committee was agreed to as amended.

On the passage of the bill the ayes were 103, nays 1.

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

House Bill No: 610 was tabled on motion of the

author.



By Mr. Harvey, of Wilcox-

A bill to. amend an Act to establish the City Court of Abbeville.
The following Committee amendment was adopted.
To amend Section 8 by striking from the end of said Section the words ''stricken in full'' and inserting in lieu thereof the words ''amended by striking'' out at the end of said Section (1) one the word "in said City Court of Abbeville" and inserting in lieu thereof the words ''jn Wilcox county."
The favorable report of the Committee was agreed to as amended.

upon the' passage of the bill the ayes were 1151 nays 0:

1214

JOURNAL OF_ THE HousE.

The bill having received the requisite Constitutional majority, was passed as amended.
On motion of Mr. Boyd, of Spalding, House Bill No. 582 was again tabled.

By Mr. Minter, of Fayette-

A bill to incorporate the town of Woolsey.
The favorable rep'Ort of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Boyd, of Spalding-

A bill to amend the Charter of the City of Griffin.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitu~ tional majority, was passed.

SATURDAY, AuGusT 7, 1909.

1215

By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to amend an Act to establish a new Charter for the City of Atlanta.
Mr. Alexander offered the following amendment, which was adopted, to-wit:
To amend by adding a new Section as follows: ''Be it further enacted by the authorjty aforesaid, That the franchises and privileges heretofore granted by the City of Atlanta to the Piedmont Power Company, of Atlant~, are ratified and confirmed. '' Also,
To amend by changing the caption by adding the following: ''To ratify the franchises and privileges heretofore granted by the City of Atlanta to the Piedmont Power Company, and for other purposes.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 115, nays 0.
The bill having received the requisite Constitu- tional majority, was passed.

By Mr. Drawdy, of ClinchA bill to divide the ten counties now composmg

1216

J OUBNAL OF THE HOUSE.

the Brunswick Judicial Circuit into two circuits so that the Brunswick Circuit will be composed of only five counties.

The following Committee amendments were adopted, to-wit:

To amend by striking "Pierce" fro~ the Brunswick Circuit and adding in lieu thereof" J e:ff Davis" and by striking "Je:ff Davis" frcm the "Waycross Circuit" and adding in lieu thereof "Pierce" and by amending the Calendars accordingly. Also,

To amend by striking the words ''September 1st, 1909" wherever they occur and insert in lieu thereof the words ''January 1st, 1910. '' Also,

To amend by striking all after the enacting clause

in Section 2 down to the words "the successors" in

the fourth line of said Section, and inserting in lieu

thereof "a judge of said Waycross Circuit shall be

appointed by the Governor to hold office until Jan-

nary 1st, 1911, or until his successor is elected and

qualified and the present Solicitor-General of the

Brunswick Circuit shall continue to serve both cir-

cuits as Solicitor-General until January 1st, 1911, or

'

'

until his successor is elected and qualified."

The previo'us question was cailed and the mam question ordered.

The favorable report of the Com~ittee was agreed to as amended.

SATURDAY, AuausT 7, 1909.

1217

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.:

Alexander of DeKalb Graddick

McElreath

Alexander of Fulton Hall

McMahan

Allen

Hardeman of Jeffs'n McMichael of Butts

Anderson of Chatham Harrington

McMichael of Marion

Atkinson

Harvey

McWhorter

Ault

Heard

Oliver

Barksdale

Henderson of Irwin Parker of Talbot

Bailey

Henderson of Turner Persons

Barrett

Howell

Pierce

Beacham

Hullender

Proctor

Beasley

Johnson of Jjlff Davis Reaves

Bell

Joiner

Redding

Booker

Jones of Laurens Reese

Boyd

Jones of Meriwether Reid of Campbell

Brinson of El}lanuel Jones of Mitchell

Reid of Putnam

Brown of Henry

Kendrick

Rentz

Brown of Murray Kennedy

Rogers

Burch

Kicklighter

Sheppard

Butt

Kidd

Simmons

Buxton

Kirby

Simpson

Childs

Lawrence

Slade

Converse

Littleton

Smith of Gilmer

Cordell

Lord

Smith of Tattnall

Couch

Lovejoy

Strong

Davis

Marshall

Tarver

Drawdy

Meadows of Telfair Tippins

Elder

Meadows of Toombs Tracey

Ellis

Miiler of Calhoun Turner

Evans

Miller of Ware

Turnipseed

Faircloth

Milikin

Upshaw

Fender

Minter

Vinson

Ford

Moss

Walters

Fullbright

MacFarland

Wasden

Garlington

. Macintyre

Watkins

Gastley

McCarthy

Whiteley

Gillis

McConnell

Wight of Grady

1218

JouRNAL oF THE HousE.

Williams . Wohlwender

Woodliff Wright of Floyd

Wright of Stewart

Those voting in the negative were Messrs.:

Alley Armistead Baker Brinson of Decatur Calbeck Cooke Cureton Ellison

English Hardman of Jackson Hatfield Helms Hufe Johnson of Bartow Keith Kelley

Lewis Mitchell Moore Parker of Decatur Peacock Pope Price Reid of Macon

Tlhose not voting were Messrs. :

Adams

Edwards

Anderson of Bulloch Field of DeKalb

Atherton

Fields of Crisp

Bagley

Godley

Berry

Griffin of Sumter

Brown of Carroll Griffin of Twiggs

Brown of Fulton

Guyton

Cannon

Hendricks

Carswell

Hill

Carter

Holder of Floyd

Chandler

Holtzclaw

Cowan

Hubbard

Culberson

Johnson of Towns

Daniel

. Middlebrooks

Dickson

McArthur

Edmondson

McCrory

McCurry McCutchen Paulk Porter Roberts Rosser Shirley Smith of Walton Stovall Stubbs Tuggle Waddell White of Screven Wood Mr. Speaker

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

On the passage of the bill the ayes were 113, nays 24.

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

SATURDAY, AuausT 7, 1909.

1219

On motion of Mr. Reese, of Glynn, the bill was ordered immediately transmitted to the Senate.
By unanimous consent the House ordered an afternoon session from four o'clock to six7thirty o'clock p.m.
By unanimous consent the Speaker was authorized to add twelve members to the Engrossing Committee.
Leave of absence was granted the Engrossing Committee for the remainder of today 's session for the purpose of reading bills.
Bills for the third reading was resumed, to-wit:

By Mr. MacFarland-
A bill to provide for the detachment of the county of Tattnall from the Middle Judicial Circuit.
The favorable report of the Committee was agreed . to.
On the passage of the bill the ayes were 98, nays 3.
The bill having received the requisite Constitutional majority, was passed.
On motion of Mr. Ellis, of Bibb, the bill. was ordered immediately transmitted to the Senate.

1220

JOURNAL OF THE HousE.

By Mr. Reid, of Campbell-
A bill to provide for the creation of the office of Corporation Clerk.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 94, nays 6.
The bill having received the requisite Constitutional majority, was passed.
On motion of Mr. Peacock, House Bill No. 216 was taken from the table and placed on the Calendar.

By Messrs. Sheppard, Griffin, W o.od and McCrory-
A bill to provide for the codification of the laws of Georgia and provide for the payment of expenses of same.
An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated as Chairman Mr. Barrett, of Stephens.
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 :mbstitute.

SATURDAY, AuGUST 7, 1909.

1221

'l'he previous t_ll!estion was called and sustained.
On su~;>talning the call for the main question the ayes and nay::; were <;>niered.
Mr. Anderson, of Chatham, asked unanimous consent that inasmuch as the Chairman of the General Judiciary Committee to which the above bill was referred was opposed to the Committee substitute therefor and the author being also opposed to the substitute, that 10 minutes each be allowed the author and the Chairman of the General Judiciary Committee.
Mr. McMichael, of Marion moved to adjourn, which mot~on prevailed.
The Speaker then announced the House adjourned until 4 o'clock this afternoo~.

3 o'clock p.m.

The House reconvened at this hour and was called to order by the Speaker:

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

Adams Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Bulloch

Anderson of Chatham Armistead Atherton Atkinson Ault Barksdale

Bagley Bailey Baker Barrett Beacham Beasley

1222

,JOURNAL OF THE HousE.

Bell Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Carroll Brown of Fulton Brown of Henry Brown of Murray Burch Butt Buxton Ca!beck Cannon Carswell Carter Chandler Childs Converse Cooke Cordell Couch Cowan Culberson Cureton Daniel Davis Dickson Drawdy Edmondson Edwards Elder Ellis Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright

Garlington

Lord

Gastley

Lovejoy

Gillis

Marshall

Godley

Meadows or Tertair

Graddiclt

Meadows of Toombs

Griffin of Sumter Middlebrooks

Griffin of 'fwiggs Miller of Calhoun

Guyton

Miller of Ware

flail

l\Iilikin

Hardeman of Jeffs 'n Minter

Hardman of Jackson Mitchell

Harrington

Moore

Harvey

Moss

Hatfield

MacFarland

Heard

Macintyre

Helms

McArthur

Henderson of Irwin McCarthy

Henderson of Turner McConnell

Hendricks

McCrory

Hill

McCurry

Holder of Floyd

McCutchen

Holtzclaw

McElreath

Howell

McMahan

Hubbard

McMichael of Butts

Hullender

McMichael of Marion

Huie

McWhorter

Johnson of Bartow Oliver

Johnson of Jeff Davis Parker of Decatur

Johnson of Towns Parker of Talbot

Joiner

Paulk

Jones of Laurens Peacock

Jones of Meriwether Persons

Jones of Mitchell

Pierce

Keith

Pope

Kelley

Porter

Kendrick

Price

Kennedy

Proctor

Kicklighter

Reaves

Kidd

Redding

Kirby

Reese

Lawrence

Reid of Campbell

Lewis

Reid of Macon

Littleton

Reid of Putnam

SATURDAY, AuGusT 7, 1909

1223

Rentz Roberts Rogers Rosser Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall

Strong Stubbs Tarver Tippins Tracey Tuggle Turner Turnipseed Upshaw Vinson, Waddell Walters Wasden

Watkins White of Screven Whiteley Wight of Grady Williams Vvohlwender Wood Woodliff Wright of Floyd Wright of Stewart Mr. Epeaker

The bill which was up when the House adjourned this morning, providing for a codification of the laws of Georgia, was ag~in taken up as unfinished business.

The ayes and nays having been ordered on the question as to whether or not the main question should be ordered at the close of the morning se::;sion the ballot viva voce was had and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Alexander of Fulton Alley Anderson of Chatham Armistead Atherton Ault Bagley Baker Barrett Beasley Berry

Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Henry Burch Cal beck Cannon Childs Converse Cooke Cordell

Davis Drawdy Ellis Faircloth Field of DeKalb Ford Fullbright Gastley Gillis Hall Hardman of Jackson Hatfield

1224

.TouRNAL oF THE HousE.

Heard

Marshall

Henderson of Irwin Miller of Calhoun

Henderson of Turner Miller of Ware

Howell

Minter

Hullender

Moore

Huie

Moss

Johnson of Bartow Macintyre

Johnson of Jeff Davis McCarthy

Johnson of Towns McCurry

Jones of Laurens McCutchen

Jones of Meriwether McElreath

Keith

McMahan

Kelley

McMichael of Butts

Kendrick

MeWhorter

Kidd

Parker of Decatur

Lawrence

Peacock

1Lewis

Pope

Littleton

Proctor

Lord

Deid of Campbell

Lovejoy

Reid of Putnam

Rentz Roberts Rogers Simpson Slade Stubbs Tippins Tracey Tuggle Turnipseed Upshaw Vinson Walters Watkins White of Screven Whiteley Wohlwender Wright of Floyd Wright of Htewart

Those voting in the negative were Messrs.:

Anderson of Bulloch Harvey

Evans

Pierce

Guyton

Reese

Sheppard Tarver

T!hose not voting were Mei:isrs. :

Adams Allen Atkinson Barksdale Bailey Beacham Bell Brown of Carroll Brown of Fulton Brown of Murray Butt Buxton Carswell

Carter Chandler Couch Cowan Culberson Cureton Daniel Dickson Edmondson Edwards Elder Ellison English

Fender Fields of Crisp Garlington Godley Graddick Griffin of Sumter Griffin of. Twiggs Hardeman of Jeffs 'n Harrington Helms Hendricks Hill Holder of Floyd

SATURDAY, AuGUST 7, 1909

1225

Holtzclaw

McCrory

Smith of Tattnall

Hubbard

McMichael of Marion Smith of Walton

Joiner

Oliver

Stovall

Jones of Mitchell

Parker of Talbot

Strong

Kennedy

Paulk

Turner

Kicklighter

Persons

Waddell

Kirby

Price

Wasden

Meadows of Telfair Porter

Wight of Grady

Meadows of Toombs Reaves

Williams

Middlebrooks

Redding

Wood

Milikin

Reid of Macon

Woodliff

Mitchell

Rosser

Mr. Speaker

MacFarland

Shirley

McArthur

Simmons

McConnell

Smith of Gilmer

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

. On counting the votes cast it was found that the ayes were 95, nays 8. The main question was therefore ordered.

The substitute offered by the Committee was adopted.
The favorable report of the Committe was adopted by substitute. '

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.:

Alexander of DeKalb Anderson of Bulloch Ault

Alexander of Fulton Anderson of Chatham Bagley

Allen

Armistead

Baker

.Alley

.Atherton

Barrett

J''

1226

JouRNAL oF THE HousE.

Beacham Beasley Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Burch Cal beck Childs Converse Cooke Cordell Davis Drawdy Elder Ellis Faircloth Field of DeKalb Ford Fullbright Garlington Gastley Gillis Hatfield Heard Henderson of Irwin Henderson of Turner Hullender

Huie

Peacock

Johnson of Bartow Persons

Johnson of Towns Pierce

Joiner

Pope

Jones of Laurens Proctor

Jones of Meriwether Reese

Keith

Reid of CampbeU

Kendrick

Reid of Putnam

Kicklighter

Rentz

Lawrence

Roberts

Littleton

Rogers

Lord

Simmons

I~ovejoy

Simpson

Marshall

Slade

Meadows of Toombs Strong

Miller of Calhoun Stubbs

Miller of W3;re

Tarver

Moore

Tippins

Moss

Tuggle

Macintyre

Turnipseed

McCarthy

Upshaw

McCurry

Vinson

McCutchen

Wasden

McElreath

Whiteley

McMahan

Wohlwender

McMichael of Marion Wright of Floyd

McWhorter

Wright of Stewart

Parker of Decatur

Parker of Talbot

Those voting in the negative were Messrs.:

English Graddick Guyton Hall

Hardman of Jackson Harvey Jones of Mitchell Kelley

Lewis Sheppard Tracey Walters

Those not voting were Messrs.:

Adams Atkinson Barksdale

Bailey Bell Brown of Carroll

Brown of Fulton Brown of Henry Brown of Murray

SATURDAY, AuGusT 7, 1909

1227

Butt Buxton Cannon Carswell Carter Chandler Couch Cowan Culberson Cureton Daniel Dickson Edmondson Edwards Ellison Evans Fender Fields of Crisp Godley Griffin of Sumter Griffin of Twiggs Hardeman of Jeffs 'n

Harrington

Oliver

Helms

Paulk

Hendricks

Porter

Hill

Price

Holder of Floyd

Reaves

Holtzclaw

Redding

Howell

Reid of Macon

Hubbard

Rosser

Johnson of Jeff Davis Shirley

Kennedy

Smith of Gilmer

Kidd

Smith of Tattnall

Kirby

Smith of Walton

Meadows of Telfair Stovall

Middlebrooks

Turner

Milikin

Waddell

Minter

Watkins

Mitchell

White of Screven

MacFarland

Wight of Grady

McArthur

Williams

McConnell

Wood

McCrory

Woodliff

McMichael of Butts. Mr. Speaker

The roll call was verified and on counting the votes cast it was found that the ayes were 97, nays 12.

The bill having received the requisite Constitutional majority, was passed by substitute.

On motion of Mr. Barrett, of Stephens, the bill was immediately transmitted to the Senate.

Mr. Anderson, of Chatham, moved that the session be extended until seven o'clock, which motion prevailed.
The following bills were read the third time and put upon their passage, to-wit:

1228

JouRNAL OF THE HousE.

By Mr. Davis, of Dougherty_:_
A bill to create in the Treasury Department of the State a Bank Bureau and provide for a Bank Examiner.
By unanimous consent the above bill was tabled upon request of the author.
On moti9n of Mr. Heard, House Bill No.7, knowu as the ''Automobile Bill'' was tabled.
Mr. Boyd, of Spalding, moved to adjourn, which motion prevailed.
The Speaker then announced the House adjourned until 9 o'clock Monday morning.

MoNDAY, AuGUST 9, 1909.

1229
'

ATLANTA, GA.

MoNDAY, AuGusT 9th, 1909.

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 proceeding' was dispensed with'.
By unanimous consent the following bill was nud the third time and put upon its passage.

By MesRrR. Moss and Daniel, of Cobb-

A bill to amend an. Act to amend and consolidate the Acts to incorporate the town of Austell.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent the following bills were read the seeond time, to-wit:

.JuunNAT, O"F THE lion!!r.
By Messrs. Griffin and Sheppa'rd-
A bill to amend an Act to incorporate the town of Leslie.
By Mr. Harrington, of Liberty-
A hill to amend an AGt to create a Board of Commissioners for Liberty county.
Mr. Alexander, of DeKalb, Chairma,n of the V.l. & A. R. R. Committee, submitted the following report, to-wit:
Your Committee on the affairs of the Western & Atlantic Railroad have had under consideration House Resolutio11 No. 71, the same being a Resolution by Mr. Wright, of Floyd, for the appointment of a committee to report to the next session upon the feasibility of making certain improvements on the right of way within the city of Atlanta, and instruct me as their Chairman to report the same back with the recommendation that it do pass.
ALEXANDER, Chairman.
The following Senate bills were read the :first time, to-wit:

MoNDAY, AuGusT 9, 1909.

1231

By Mr. McCurry, of 31st district-
A bill to make it a misdemeanor to obtain food or lodging with intent to defraud.
Referred to Committee on Special Judiciary.

By Mr. Slaton, of 35th district-
A resolution authorizing the exchange of certain land owned by the State in Cobb county for other land.
Referred to Committee on W. & A. R. R.

By Mr. Burwell, of 20th district-
A bill to amend an Act to prescribe specifications for letting public printing.
Referred to Committee on Public Printing.

By Mr. McLane, of 2d district-
A bill to transfer the county of Tattnall from the Middle to the Atlantic Judicial Circuit.
Referred to Committee on Special Judiciary.

By Mr. McCurry, of 31st districtA bill to confer upon counties and municipalities

1232

JouRNAL OF THE HousE.

the right to grant authority to certain corporations in construction, etc., of systems of electric wires, etc.
Referred to Committee on Railroads.

By unanimous consent House Bill No. 7 was taken :from the table and placed on the Calendar.
By unanimous consent the following Sena.te bill was read the first time, to-wit:

By Mr. Cates, of 17th district-
A bill to amend the charter of the.City of Waynesboro so as to create the office of Recorder.
Referred to Committee on Special Judiciary.
Mr. Hardman, of Jackson, Chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker:
Your Committee on Temperance have had under consideration the following bill 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:

MoNDAY, AuausT 9, 1909.

1233.

A bill to prohibit sale of near beer in Randolph county.
Respectfully submitted,
L. G. HARDMAN, 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 bills of the House, towit:
A bill to authorize the County Commissioners of Bibb county to pay certain attorneys fees.
ft. bill to incorporate the city of Pepperton.
A bill to provide for establishing eight road dis tricts in Laurens county.
A bill to amend an Act to establish the City Court of Sylvania.
A bill to amend the Act providing for adjournment of City and Superior Courts in counties having six terms a year.
A bill to amend the charter of the city of Atlanta.

1234

JouRNAL oF THE HousE.

A bill to repeal an Act incorporating the town of Oakland City in the county of Fulton.
A bill to amend, consolidate and supersede the several Acts incorporating the town of Decatur.
A bill to incorporate the city of Manchester.
A bill to authorize the town of Wren to establish a system of public schools.
A bill to establish a system of public schools in the city of McDonough.
A bill to amend an Act establishing the City Court of LaGrange.
A bill to establish the City Court of Hazlehurst, in the county of Jeff Davis.
A bill to establish a new charter for the city of Jeffersonville, in the county of Twiggs.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by substitute, by the requisite Constitutional majority, the following bill of the House, to-wit:

MoNDAY, AuGURT !), 1909.

1:2:~5

A bill to consolidate, amend and codify the Acts .incorporating the city of Dalton.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite Constitu tional majority the following hills of t.b9 Rennte, tp wit:
A bill to preserve to benevolent, humane, and charitable organizations the right to the exclusive use of the names adopted by them.
A bill to amend an Act requiring Judges of Superior and City Courts to decide motions for new trials, etc., within a certain time.
A bill to create a new charter for the town of Lumber City.
A bill to amend the charter of the city of Collins in the county of T'attnall.
A bill to amend Section 936, Volume 1 of the Code of 1895.
A bill to amend the charter of the city of W aynesboro.

.TouRNAI. OF 'i'HN HousE.
A bill to amend au Act establishing the City Court of Baxley, in Appling county.
A bill to provide for the protection of game animals and game birds.
A bill to amend the charter of the mayor and council of Shellmnu.
A bill to anwnd llll .Act to establish the City Court of Abbeville, Wilcox county.
A. bill to amend the el1arter of the City of Griffin.
The following nwssage was received fl'om the Senate through Mr. Northen, Secretary theroof:
Mr. Speaker:
The Senate has adopted the. following resolutions of the Senate, to-wit :
A resolution to provide that the President of the Senate and Speaker of the House and other officers shall remain at the Capitol for five days after adjournment.
A resolution providing for a joint Committee to call upon officers of the Department of the Gulf and extend them a cordial welcome to Georgia.
The Committee on part of the Senate are Senators McCurry, MeWilliams and McClure.

MoNDAY, AuausT 9, 1909.

12a7

The following bill wl1ich was -read the third time on August 6th, was takm1 up hy unanimous consent and put upon its passage, to--wit:

By Mr. Peacock, of Pulaski:
A bill to provide that the Treasur(\r of Georgia shall be ex-officio Bond Commissioner. and for other purposes.
The following amendments were adopted:

By Mr. Barrett-
To amend by striking the figures $4.00, $7.50, $15.00, $25.00, $40.00, $50.00, and insert in lieu of same $2.00, $3.75, $7.50, $12.50, $20.00, and $25.00. To amend further by inserting after word Act in line 21 of proviso that if the total amount exceeds $800.00, the surplus shall be covered into the general funds of the Treasury.
The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were 98, nays 9.
The bill having received the requisite Constitutional majority, was passed as amended.

1238

JouRNAL oF THE HousE.

By Messrs. Tippins, Boyd, Macintyre. et al.-
A bill to regulate the running of automobiles, locomobiles, and other conveyances of like character, and for other purposes.
~Phe following amendments were adopted:
To amend by striking from Section 2 the words $2.00 in line 7 and add $3.00 annually.
To amend by striking the word approximately in Section 2, line 11, and insert in lieu thereof ''not less than.''
Tlie substitute proposed by the Committee was agreed to as amended.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 87, nays 22.
The bill having failed to receive the requisite Constitutional majority, was lost.
On motion of Mr. Persons the House reconsidered its action in refusing to pass the above bill.

Ry Mr. Alexander, of DeKalbA resolution directing the purchase of land near

MoNDAY, AuGusT 9, 1909.

1239

Chattanooga, in the State of Tennessee, for increasing the facilities of the Western and Atlantic Rail-, road, and appropriating the necessary funds therefor.
An appropriation being involved the Speaker resolved the House into the Committee of the Whole and designated as Chairman Mr. Kirby, of Coweta.
After the 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 as amended.
The Committee proposed in the nature of a resolution, which was adopted, to amend as follows:

By Mr. Alexander, of DeKalb-

A resolution to amend by authorizing the Gbvernor to buy an additional 172 ac~es adjoining the proposed property in the original resolution.

The favorable report of the Committee was agreed to as amended.

On the passage of the resolution the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Alley

. Armistead

Alexander of DeKalb Anderson of Bulloch Atherton

Alexander of Fulton Anderson of Chatham Atkinson

1240

J ounNAL oF THE HousE.

Ault Barksdale Bailey Baker Beasley Bell Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Carroll Brown of Fulton Brown of Henry Brown of Murray Burch Butt Buxton Calbeck Cannon Carter Chandler Childs Converse Cooke Cordell Couch Cowan Culberson Cureton Daniel Davis Dickspn Drawdy Edmondson Edwards Elder Ellis English Evans Field of DeKalb Fields of Crisp Ford

Garlington Gillis Graddick Griffin of Sumter Guyton Hall Hardeman of Jeffs 'n Hardman of Jackson Harrington Hatfield Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Jones of Mitchell Keith Kelley Kendrick Kirby Lawrence Lewis Littleton Lord Marshall Meadows of Telfair Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore

Moss MacFarland Macintyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce Pope Porter Proctor Reaves Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Rentz Roberts Rogers Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton Strong Stubbs Tarver

MoNDAY, AuGUST 9, 1909.

1241

Tippins
Tracey
Tuggle Tu!"ni~seed Upshaw

Walters Watkins White of Screven Whiteley Wight of Grady

Williams Woodliff
Wright of Floyd Wright of Stewart

Those voting in the negative were Messrs:

Beacham Gastley Heard

Middlebrooks Sheppard W o.hlwender

Wood

Those not voting were Messrs.:

Allen Bagley Barrett Carswell Ellison Faircloth Fender Fullbright Godley

Griffin of Twiggs Rosser

Harvey

Stovall

Johnson of Jeff Davis Turner

Kennedy

Vinson

Kicklighter

Wad.dell

Kidd

Wasden

Lovejoy

Mr. Speaker

Meadows of Toombs

Price

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

On counting the votes cast it was found that the ayes were 152, nays 7.

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

By unanimous consent the session was extended until1 :30 o'clock for the purpose of reading Senate bills and resolutions a first time and finish the morning calendar as fixed by the Committee on Rules.

1242

JouRNAL oF THE HousE.

By Mr. Hardman, of Jackson-

Aresolution to make additional appropriation to the State Board of Health for the furnishing of Diptheritic Antitoxine to the counties of this State and for other purposes.

An ap:Qropriation being involved, the Speaker resolved the House into the Committee of the Whole and designated as Chairman Mr. McConnell, of Gwinmitt.

After a consideration of the resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.

The f~vorable report of the Committee was agreed to.

On the passage of the resolution the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Chatham Atherton Atkinson Ault Barksdale Bagley Baker

Barrett. Beacham Bell Berry Booker Boyd Brown of Carroll Brown of Fulton Brown or Henry Brown of Murray Burch Butt

Buxton Calbeck Cannon Chandler Childs Converse Cooke Cordell Couch Culberson Cureton Daniel

MoNDAY, AuGusT 9, 1909.

1243

Davis

Kelley

Drawdy

Kendrick

Edmondson

Kidd

Edwards

.Kirby

Elder

Lewis

Ellis

Littleton

English

Lord

Fender

Marshall

Ford

Middlebrooks

Fullbright

Miller of Calhoun

Castley

Miller of Ware

Gillis

Milikin

Grad dick

Minter

Guyton

Moore

Hardman of Jackson Moss

Harrington

Macintyre

Harvey

McArthur

Hatfield

McCarty

Heard

McConnell

Helms

McCrory

Henderson of Irwin McCurry

Henderson of Turner McElreath

Hendricks

McMahan

Hill

McMichael of Butts

Holder of Floyd

McMichael of Marion

Holtzclaw

McWhorter

Hubbard

Oliver

Hullender

Parker of Decatur

Huie

Paulk

Johnson of Towns Peacock

Joiner

Persons

Jones .of Laurens

Pope

<Tones of Meriwether Porter

Proctor Reaves Reese Reid of Macon Reid of Putnam Rentz Roberts Rogers Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Walton Tarver Tippins Tuggle Turner Upshaw Vinson Waddell Walters Watkins White of Screven Whiteley Wight of Grady Williams Wohlwender Woodliff Wright of Floyd Wright of Stewart

Those voting in the negative were Messrs.:

Wood

Those not voting were Messrs. :

Anderson of 'Bulloch Armistead Bailey

Beasley Brinson of Decatur Brinson o! :F::manuel

Carswell Carter Cowan

1244

JOURNAL oF THE HouHE.

Dickson Ellison Evans Faircloth Field of DeKalb Fields of Crisp Garlington Godley Griffin of Sumter Griffin of Twiggs Hall Hardeman of Jeffs'n Howell Johnson of Bartow

Johnson of Jeff Davis .Jones of Mitchell Keith Kennedy Kicklighter Lawrence Lovejoy Meadows of Telfair Meadows of Toombs Mitchell McFarland McCutchen Parker of Talbot Pierce

Price Redding Reid .of Campbell Rosser Smith of Tattnall Stovall Strong Stubbs Tracey Turnipseed Wasden Mr. Speaker

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

On the passage of the resolution the ayes were 134, nays L

The resolution having received the requisite Constitutional majority, was passed.

By unanimous consent House Bill No. 404 was taken from the table and placed on the Calendar.

By Messrs. Boyd, Hill, Huie, Redding, et al.-"-
A bill to authorize electric railway companies, etc., to acquire by purchase, lease or otherwise, the stock, property rights, franchises, etc., of other such com~ panies.
The following amendment was adopted:

MoNDAY, AuousT 9, 1909.

1245

By Mr. Persons-
To amend Section 2 by striking the words '' Superior Court of the county in which the principal.office .of such corporation is located,." and insert the words "Railroad Commission of the State;" also strike out the word "Court" wherever it may occur and insert the words ''Railroad Commission of the State.''
The favorable report of the Committee was agreed to as amended.
On the passage o.f the bill the ayes were 118, nays 1.
The bill having recei':"ed the requisite Constitutional majority, was passed as amended.
By unanimous consent House Bill182 was tabled.

By Messrs. Hardman and Holder, of Jackson-
\
A resolution to pay W. L. Williamson $100.00, :md for other purposes.
The favorable report of the Committee was agreed to.
On the passl:\ge of the bill the ayes were 93, nays 3.
The bill having received the requisite Constitutional majority, was passed.

/
,

1246

JOURNAL OF THE HousE.

By Mr. Alexander, of Fulton-

A resolution to empower the State Librarian to o:ff,er 10 per cent. discount to book dealers buying books to the extent of $300.00 per month.
The following amendment was adopted, to-wit:
To amend by striking all after the word ''discount" and substituting in lieu thereof the following: ''to all regular book dealers and publishers within this State buying from the State Library, provided that wrapping and shipping are not required."
rrhe favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 93, nays 1.
The bill having received the requisite Constitutional majority, was passed as amended.
On motion of the authors, House Resolutions Nos. 57, 98, 131 and 132 were tabled.

By Messrs. McCrory, Davis, Beazley and Sheppard-

A bill to provide for and regulate tlie registration of voters and the making up of registration lists for special elections, etc.

MoNDAY, AuausT 9, 1909.

1247

The Committee proposed to amend as follows:

To amend by inserting after the word ''election'' and before the word ''and'' in line 46 of Section 1, the following: "and also the names of all persons who were duly registered and qualified to vote at the last general election," and also .by inserting the same between the word ''election'' and the word "and" in line 20, page 4, which was adopted.

The favorable report of the Committee was agreed to as amended.

On the passage of the bill the ayes were 100, nays 3.
The bill having received the requisite Constitutional majority, was passed as amended.

On motion of Mr. McMichael House Bill No. 402 was tabled.
Upon request of Mr. Heard, of Dooly, Hous,e Bill No. 404 was tabled.

The following Senate bills were read the first time, the session having been extended for that purpose, to-wit:

1248

JOURNAL OF THE HousE.

By Messrs. Callaway, of lOth, and Callaway, of 29th districts-

A bill to provide "for the protection of game animals and game birds.
Referred to Committee on Game and Fish.

By Mr: Rutherford, of 22d district~

A bill to preserve to benevolent, fraternal and social organizations, etc., the exclusive us~ Df the names adopted by them.
Referred to the Committee on Special Judiciary.
By Mr. Irwin, of 11th district, (by request)-

A bill to amend the charter of the town of Shellman.
Referred to Committee on Corporations.

By Mr. Burwell, of 20th district-

A bill to amend an Act requiring the judges of the Superior Courts, etc., to decide all motions for new trial~, etc., coming before the Court.
Refered to Committee on General Judiciary.

MoNDAY, AuausT 9, 1909.

1249 I

By Mr. Sellers, of 3rd district-

A bill to amend an Act to establish the City Court of Baxley.
Referred to Committee on Special Judiciary.

By Mr. King, of 14th district-

A bill to amend' an Act to create the City Court of Abbeville.
Referred to Committee on Special Judiciary.

By Mr. Slaton, of 1st district, (by request)-

A bill to amend Section 936, Volume 1, of the Code of 1895.
Referred to Committee on General Judiciary.

By Mr. Calhoun, of 15th district-

A bill to create a new charter for the town of Lumber City.
Referred to Committee on Corporations.

1250

JOURNAL OF THE HousE.

By Mr. McLean, of 2d district-

A bill to amend the Act to incorporate the City of Collins.
Referred to Committee on Corporations.

By Mr. Mays, of 26th districtA bill to amend the charter of the city of Griffin. Referred to Committee on Corporations.

By Messrs. McDowell and McCurry-

A resolution providing for the appointment of a Joint Committee to extend a welcome to the officers of the Department of the Gulf.
Referred to the Committee on General Judiciary.
The following Senate bills were read the second time, to-wit:

By Mr. Callaway, of 29th district-
A bill to fix the salary of the stenographer in the office of the Attorney General.

MoNDAY, AuGUST 9, 1909.

1251

By Mr. Akin, of 4th district-

A bill to amend an Act to create a Board of-Dental Examiners.

By Mr. King, of 14th districtA bill to ~mend Section 2059, Vol. 2 of Code.

By Mr. Jackson, of 21st district-

A bill to provide for pleading and practice m County Courts.

By Mr. Blackwell, of 28th district-

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

By Mr. Day, of 41st district-

A bill to amend Section 982, Vol. 1, of the Code, so as to .add Jasper to the list of State depositories.

By Mr. Gordy, of 24th district-

A bill to amend an Act to amend the new charter of the city of Columbus.

1252

JouRNAL oF THE HousE.

By Mr. Mathews-
A bill to amend the charter of the city of Fort Valley.

By Mr. Perry, of 33d district-
A bill to amend an Act providing for the collection of past due taxes due counties and municipalities.

By Mr. Patterson, of 8th district-
A bill to amend Section 982 of the Code so as to add Colquitt to list of State depositories.

By Mr. Slaton, of 1st district-
A bill to amend Par. 3 of Sec. 4, Art. 3, of the Constitution to provide for bi-ennial sessions of the General Assembly.
The Speaker then announced the House adjourned until 3 o'clock this afternoon.

THREE 0 'CLOCK, P. M.
The House reconvened at this hour and was called to order by the Speaker.
By unanimous consent the call of the roll was dispensed with.

MoNDAY; AuGUST 9, 1909.

1253

The following bills were taken up and the Senate amendments concurred in, to-wit:

By Mr. Smith, of Tattnall-

A bill to incorporate the city of Glennville.

By Mr. Rosser, of Walker-

A bill to amend the charter of the city of LaFayette.

By Messrs. Edwards and Smith, of Walton-

A bill to provide for the removal of obstructions from the streams of Walton county.
Upon the request of Mr. Smith his name was stricken from the above bill as one of its authors.

By Mr. Miller, of Ware-

A bill to create a new charter for the city of Way-. cross.

By Mr. Helms, of Paulding-
A bill to create a system of public schools in the
town of Hiram.

1254

JOURNAL OF THE HOUSE.

By Mr. Tarver, of Whitfield-

A bill to amend an Act to amend and consolidate the Acts to incorporate the city of Dalton.

By Mr. Burch, of Laurens-

A bill to amend an Act to create a new charter for the City of Dublin.
By unanimous consent House Resolutions Nos. 57, 98, 131, 132, were taken from the table and placed on the Calendar.
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 House bills, to-wit:
. A bill to increase the number of terms of the Superior Court of Richmond county.
A bill to repeal an Act incorporating the town of Millwood, Ware county.
A bill to change the time of holding the Superior Court of Dodge county, in the Oconee Circuit:

MoNDAY, AuausT 9, 1909.

1255

A bill to regulate and fix fees for Justices of the Peace within the corporate limits of cities having a population of not less than 54,000 nor more than 80,000 inhabitants.
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in the county of Stewart.
A bill to fix and regulate fees for constables which are now or may hereafter be located within the corporate limits of cities having not less than 54,000 and not more than 80,000 inhabitants.
A bill to amend the charter of Cairo so as to authorize the Mayor and Council to order an election for additional bonds.
A bill to amend an Act creating and incorporating the city of Edison in lieu of the town of Edison, and for other purposes.
A bill to prohibit fisHing in Little Tennessee River, in Rabun county, in any other way than with hook and line, and to prescribe a penalty for violation of same.
A bill to authorize the county of Mcintosh to issue bonds not to exceed $60,000 for the purpose of construction and improvement of public roads and bridges, and provide for an election for such purpose.

1256

. JouRNAL OF THE Hous:E;

A bill to regulate the salaries of stenographers in counties having cities of between 23,000 and 39,000 inhabitants.
A bill to amend an Act establishing a new charter for the town of Calhoun, Gordon county.
A bill to repeal an Act creating in each county court in each court in Georgia so far as the same applies to the county of Pike.
A bill to repeal an Act, so far as the same affects Heard county, Georgia, the road law approved December 24th, 1896.
A bill to amend the charter of Tennille, Washington county, Georgia.
A bill to amend the charter of Calhoun so as to empower the mayor and councilmen to levy and collect a business and occupation tax, and for other purposes .
.A. bill to repeal an Act repealing the charter of
Zebul9n, Pike county, Georgia.
A bill to authorize proper county authorities in all counties in this State having a city with a population of not less than 54,000 nor more than 75,000 to raise certain sums by taxation for educational purposes.
.A bill to amend an Act establishing the City Court of Fitzgerald, Fitzgerald county.

MoNDAY, AuausT 9, 1909.

1257

Also the Senate has concurred in the following Resolution of the House, to-wit:
A resolution to provide for visiting convict camps.
Also the Senate has passed as amended by th~ requisite Constitutional majority, the following House bill.
A bill to amend an Act establishing a new charter for the city of Dublin.

ATLANTA, GA., August 7, 1909.
The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blackburn:

Mr. Speaker:
The Governor has approved the following bills:
An Act to amend the City Court of Sparta.
An Act to make it unlawful to trade in certain green stamps.
An Act--to abolish the Roads Commission of Telfair county.
An Act to create the office of Roads Commissioner of Telfair coUll.ty.

1258

JouRNAL oF THE HousE.

An Act to amend City Court of Carrollton.
An Aet to amend City Charter of Atlanta.
An Act to amend Charter of Fairburn.
An Act to amend Charter of Fairburn.
An Act to amend the Charter of Palmetto.
An Act to authorize public schools in Fairburn.
An Act to change the time of holding courts in Pickens county.
An Act to provide for the appointment of a Judge in St. Mary's.
An Act to change the time of holding Superior Courts in Douglas county.
An Act to regulate butchering of cattle and sheep in Mitchell county.
An Act to reincorporate the town of Thomasville.
An Act to amend the Act establishing City Court of Sylvester.
An Act to abolish Board of Commissioners in Putnam county.
An Act to abolish the City Court of Mt. Vernon.

MoNDAY, AuGusT 9, 1909.

1259

An Act to amend the Act establishing the City Court of Moultrie.
An Act to incorporate the town of Frye, in Fannin county.
An Act to amend the Act creating Board of Commissioners in Hall county.
An Act to amend an Act increasing the number of terms of Superior Courts in Chatham county.
An Act to repeal an Act creating Board of Com-. missioners for .Johnson county.
An Act to amend an Act relating to Commissioners for Webster county.
An Act to amend an Act establishing the City Court of Miller county.
An Act to amend an Act incorporating the town of Blairsville.
An Act to incorporate the city of Dawson.
Mr. McCutcheon, Chairman of the Committee on Public Library, submitted the following report:

JULY 27, 1909.
To the Speaker and House of Representatives:
The Committee on Public Printing having had under consideration House Bill No. 544, beg to re-

. ~'4.260

. JoURNAL OF THE HousE.

turn same with recommendation that it do pass as amended.
McCuTCHEON, Chairman.

'
.Mr. Alexander, of DeKalb, Chairman of the Committee on W. & A. R. R., submitted the follow:i~g report:
.' Mr. Speaker:

Your Committee on the Western & Atlantic Railroad have had under consideration Senate Bill No. 20 relating to the exchange of certain lands in Cobb county, and instruct me as their chairman to report the same back with the recommendation that it do pass.
ALEXANDER, Chairman.

The following bills were read the third time and put upon their passage, to-wit:
By Mr. Huie, of Clayton-
A bill to prevent the misbranding, etc., of agricultural seeds, and for other purposes.
The substitute proposed by the Committe~ was adopted.

MoNDAY, AuausT 9, 1909.

12G1

The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 96, nays 7.
The bill having received the requisite Constitutiomil majority, was passed by substitute.

By Messrs. White, of Screven, and Johnson, of Bartow-

A bill relating to the liability of common <:arriers by railroads to their employees.

The Committee offered a substitute, which was adopted.
The favorable report of th~ Committee ~aEi agreed to by substitute.

'On t~~ passage of the .bill the ayes wer.~ 114,

nays 0.

I.

. The bill having received the requisite Constitutional majority, was passed by substitute.

By Mr. Wright, of Floyd-
A Res6lt!tion to reimburse _Major J e:fferson .Davis Dunwoody in the sum of $98.50.
An appropriation being involved, the Speak('lr resolved the House into the Committee of the: whole

1262

JOURNAL OF THE HousE.

and designated as Chairman Mr. Simmons, of Bulloch.

After a consideration of the Resolution the Com-

mittee

arose

and \

reported.

the

same

back

with

the

recommendation that it do pass.

The favorable report of the Committee was agreed to.

On the passage of the Resolution the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs. :

Adams

Burch

Alexander of DeKalb Buxton

Alexander of Fulton Calbeck

Allen

Cannon

Alley

Carter

Anderson of Bulloch Chandler

Anderson of Chatham Converse

Atherton

Cooke

Atkinson

Cordell

Ault

Cowan

Bagley

Daniel

Bailey

Davis

Baker

Dickson

Barrett

Drawdy

Beacham

Edwards

Beasley

Ellis

Bell

Ellison

Bllrry

English

Booker

Evans

Brinson of Decatur Faircloth

Brown of Carroll Fender

Brown of Fulton

Field of PeKalb

Brown of Henry

Fields of Crisp

Br~wn of Murray

Ford

Fullbright Gastley Gillis Griffin of Sumter Guy1;on Hall Hardman of Jackson Harrington Harvey Hatfield Henderson of Irwin Henderson of Tu111er Hill Holder of Floyd Hullender
~uie
Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laur41ns Jones. of Meriwether Kelley Kendrick Kennedy

MoNDAY, AuGusT 9, 1909.

1263

Kicklighter

McElreath

Kidd

McMahan .

Kirby

McMichael of Butts

Lewis

McWhorter

Lord

Parker of Decatur

Meadows of Toombs Persons

Miler of Calhoun

Porter

Miller of Ware

Reaves

Milikin..

Reese

Moore

Rentz

Moss

Rogers

MacFarland

Simmons

Macintyre

Simpson

McCarthy

Slade

McConnell

Smith of Gilmer

McCurry

Smith of Tattnall

McCutchen

Smith of Walton

Strong Eitubbs Tarvct Tippins Tracey Turnipseed Upshaw Vinson Walters Wasden Watkins Whiteley Wight of Grady Williams Wood Wright of Floyd

Those voting in the negativ~ were Messrs. :

Cureton

Those not voting were Messrs. :

Armistead Barksdale Boyd Brinson of Emanuel
Butt Carswell Childs Couch Culberson Edmondson Elder Garlington Godley Graddick Griffin of Twiggs Hardeman of Jeffs 1n Heard Helms

Hendricks Holtzclaw Howell Hubbard .Johnson of Bartow Jones of Mitchell Keith Lawrence Littleton Lovejoy Marshall Meadows of Telfair Middlebrooks Minter Mitchell McArthur McCrory McMichael of Marion

Oliver Parker of Talbot Paulk Peacock Pierce Pope Price Proctor Redding Reid of Campbell Reid of Macon Reid of Putnam Roberts Rosser Sheppard Eihirley Stovall T11ggle

1264

JOURNAL OF THE HousE.

Turner Waddell White of Screven

Wohlwender r Woodliff
Wright of Stewart

Mr. Speaker

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

On the passage of the Resolution the ayes were 122, nays 1.

The Resolution having received the requisite Constitutional majority was passed.

On motion of the author House Bill No. 544 was tabled.

Mr. Alexander, of DeKalb, entered the following protest against the passage of House Bill No. 582, which passed the House of yesterday.

Mr. Alexander, of DeKalb, entered the following protest against House Bill No. 582 :

Mr. Speaker:
I respectfully ask leave to put on the Journal of the House my protest against House Bill No. 582, authorizing certain. railroad corporations to consoli-' date with power companies and to buy or endors~ thei.r stock, and empowering majorities to condemn. the stock of minorities. . My protest is based upon the following co.nsiderations:

.'

MoNDAY, AuGusT 9, 1909.

1265

1st. The bill was introduced late in the session and was considered and acted on in preference to the bills of other members whose interests were as much enlisted in their business as any interest was involved in bill 582.
2d. It was notoriously enacted in obedience to the demands of non-resident attorneys. It was long, involved, obscure and ambiguous, but was put through without debate and practically with no opportunity for discussion.
3d. It affects the policy of the State in matters of the widest consequence. It makes possible the combination of corporations created through the Secretary of State and with a life of a hundred years, with other corporations created by the Superior Courts with a life of 20 years. What consequences will follow are doubtful, but uncertainty and litigation will inevitably be among them. In my judgment such matters should be made definite by the law making body and not left to be painfully guessed at by the judiciary.
4th. Heretofore majorities have lawlessly depressed the value of the stock of minorities in order to compel them to sell. This bill gives the sanction of law to such things and lends the sovereign power of eminent domain as the instrument by which to accomplish the purpose. To avoid a question as to the right of this delegation of power, it empowers the judicial department to decree the purpose of the

1266

JOURNAL OF THE ij:OUSE.

seizure to be a public purpose, thus seeking to transfer to that branch of government, in violation of the Constitution, a function that is and of right must be always purely political and legislative.
5th. In my opinion the bill is dangerous, reckless and oppressive, and the children of our children's children will suffer under the bonds which it will put upon their hands.
HooPER ALEXANDER,
A Representative from the County of DeKalb.

Bills for a third reading were resumed.

By Mr. Hall, of Bibb-
A Resolution authorizing the Governor to issue his warrant for $4,812.50 in favor of Hon. J. Pope Brown, State Treasurer.
The favorable report of the Committee was agreed to.
On the pass~ge of the bill the ayes were 109, nays 0.
The resolution having received the. requisite Constitutional majority, was passed.

MoNDAY, AuausT 9, 1909.

1267

By Mr. Alexander, of Fulton-

A resolution to appropriate sufficient money to meet a deficiency in the amount available to meet the cost of publishing new volumes of Georgia Reports.

An appropriation being involved the Speaker resolved the House into the Committee of the whole and'designated as Chairman Mr. Beacham, of Heard.

After a consideration of the Resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.

The favorable 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.

Adams

Rrin~on of Decatur

Alexander of Fulton Brinsdn of Emanuel

Allen

Brown of Carroll

Alley

Brown of Fulton

Anderson of Chatham Brown of Henry

Atherton

Brown of Murray

Atkinson

Bmch

Ault

Butt

Bagley

Buxton

Bailey

Calbeck

Baker

Cannon

Barrett

Carter

Beacham

Childs

Bell

Cooke

Berry

Cordell

Booker

Couch

Cowan Daniel Davis Dickson Drawdy Edwards Ellis Ellison English Faircloth Ford Fullbright Garlington Graddick Griffin of Sumter Guyton

1268

JOURNAL OF THE HousE.

HaJ,"dman of Jackson Milikin

Harrington

Minter

Harvey

Moore

Hatfield

Moss.

Heard

MacFarland

Helms

Macintyre

Henderson of Irwin McCarthy

Henderson of Turner McConnell

Hill

McElreath

Holder of Floyd

McMahan

Hubbard

McMichael of Butts

Hullender

McWhorter

Huie

Oliver

Johnson of Towns Parker of Decatur

Joiner

Parker of Talbot

Jones of Laurens

Peacock

Jones of Meriwether Persons

Keith

Pierce

Kelley

Porter

Kennedy

Proctor

Kirby

Reaves

Lawrence

Redding

Lewis

Reese

Lord

Reid of Putnam

Miller of Calhoun Rentz

Miller of Ware

Rogers

Simmons Simpson Slade Smith of Gilmer Smith of Waltqn Strong Stubbs Tarver Tippins Tracey Turner Turnipseed Upshaw ' Walters \Vasden Watkins White of Screven Whiteley Wight of Grady Williams WohlweJJ.der Wood Woodliff Wright of Floyd Wright of Stewart

Those not voting were Messrs. :

Alexand_er of DeKalh Fender

Jones of Mitchell

Anderson of Bulloch Field of De:Kalb

Kendrick

Armistead

Fields of Crisp

Ki4klighter.

Barksdale

Gastley

Kidd

Beasley

Gillis

Littleton

Boyd

Godley

Lovejoy

Carswell

Griffin of Twiggs Marshall

Chandler

Hall

Meadows of Telfair

Converse

Hardeman of Jeffs'n Meadows of Toombs

Culberson

Hendricks

Middlebrooks

Cureton

Holtzclaw

Mitchell

; .1

Edmondson

Howell

McArthur

Elder

Johnson of Bartow McCrory

Evans

Johnson of Jeff Davis McCurry

MONDAY, AUGUST. 9, 1909.

12G!)

McCutchen McMichael of Marion Paulk Pope Price Reid of Campbell

Reid of Macon Roberts Rosser Sheppard Shirley
Smith of Tattnall

Stovall Tuggle Vinson Waddell ::\fr. Speaker .
;.

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

On the passage of thE! resolution the ayes were
125, nays 0.

The Resolution having received the requisite Constitutional majority was passed.

By Messrs. Alexander and M, cElreath-

A resolution providing for, the payment of $~50 to

Chas. P. Byrd, State Printer.



An appropriation being involved the Speaker resolved the House into the Committee of the Whole and designated as Chairman Mr. Brown, of Fulton.

After a consideration of the Resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.

The favorable 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:

'

1270

JOURNAL OF THE HousE.

Those voting in the affirmative were Messrs. :

Adams

Faircloth

Milikin

Alexander of DeKalb Fender

Minter

Alexander of Fulton Fields of Crisp

Moore

Alley

Ford

Moss

Anderson of Bulloch Fullbright

MacFarland

Anderson of Chatham Garlington

Macintyre

Armistead

Gastley

McCurry

Athorton

Gillis

McCutchen

Atkinson

Graddick

McElreath

Ault

Griffin of Sumter McMahan

Barksdale

Guyton

McMichael of Butts

Bagley

Hardman of Jackson McWhorter

Baker

Harrington

Oliver

Barrett

Harvey

Parker of Decatur

Beacham

Hatfield

Parker of Talbot

BeaslAy

Heard

Persons

Bell

Helms

Pierce

Berry

Henderson of Turner Porter

Booker

Hill

Proctor

Brinson of Decatur Holder of Floyd

Reese

Brown of Carroll

Holtzclaw

Reid of Campbell

Brown of Fulton

Howell

Reid of Putnam

Brown of Henry

Hubbard

Roberts

Brown of Murray Huie

Rogers

Burch

Johnson of Jeff Davi~:> Simmons

Butt

Johnson of Towns Simpson

Buxton

Jones of Laurens

Slade

Calheck

Jones of Meriwether Smith of Gilmer

Cannon

Jones of Mitchell Smith of Walton

Carter

Keith

Strong

Converse

Kelley

Stubbs

Cordell

Kendrick

Tarver

Couch

Kennedy

Tippins

Cowan

Kidd

Tracey

Daniel

Kirby

Turnipseed

Dickson

Lewis

Upshaw

Drawdy

LittletGn

Vinson

Edwards

Lord

Walters

Ellis

Meadows of Toombs Wasden

English

Miller of Calhoun Watkins

Evans

Miller of Ware

Whiteley

MoNDAY, AuGusT 9, 1909.

1271

Wight of Grady Williams

Wohlwender Wright of Floyd

Wright of Stewart

Those not voting were Messrs. :

Allen Bailey Boyd Brinson of Emanuel Carswell Chandler Childs Cooke Culberson Cureton Davis Edmondson Elder Ellison Field of DeKalb Godley Griffin of Twiggs Hall Hardeman of Jeffs 'n

Henderson of Irwin Hendricks Hullender Johnson of Bartow Joiner Kicklighter Lawrence Lovejoy Marshall Meadows of Telfair Middlebrooks Mitchell McArthur McCarthy McConnell McCrory McMichael of Marion Paulk Peacock

Pope Price Reaves Redding Reid of Macon Rentz Rosser Sheppard Shirley Smith of Tattnall Stovall Tuggle Turner Waddell White of Screven Wood Woodliff Mr. Speaker

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

On the passage of the Resolution the ayes were 128, nays 0.

The Resolution having received the requisite Constitutional majority was passed.

By Mr. McCarthy, of Chatham-
A bill to allow transportation companies to grant passes to former employees.

1272

JOURNAL OP THE HousE.

The favorable report of the Committee ~as agreed to.
On the passage of the bill the ayes were 100, nays 13.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Moss, of Cobb-

A bill to amend Section 4707, Vol. 2, of the Code, relative to garnishment laws.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 71, nays 31.
The bill having failed to receive the requisite Con.stitutional majority, was lost.
By unanimous consent the session was extended until 6 o'clock this afternoon.

By Messrs. Brinson and Parker-

A bill to amend Section 671, Vol. 3, of the Code of 1895, relative to wrongful sale of mortgaged property.

MoNDAY, AuausT 9, 1909.

1273

The following amendments were adopted:
TqJamend by striking the words "of any county" wherever they occur in Section 1 of said BilL
To amend by striking word "nineteen" in Par. 1.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 93, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Messrs. Brinson and Parker-

A bill to prevent the removal of personal property from the county of the residence of the vendee held under a conditional purchase of sales.

The following amendments were adopted:

To amend caption by striking the words ''the county of the residence of the vendee" in lines 2 and 3 and inserting "this State."

To amend caption further by striking the word

"written" before word "consent."
I

I

To amend Section 1 by striking the word "written" wherever it occurs and by striking the. words

1274

JouRNAL OF THE HousE;

"of the county of the residence of the vendee" in lines 10 and 11, Section 1, and insert words ''this State."
The favorable report of the Committee was agreed to as aniended.
On passage of the bill the ayes were 95, nays 4.
The bill having received the requisite Constitu~ tional majority, was passed as amended.

By Mr. Kendrick, of Taliaferro-
A bill to make it unlawful to make or mend any burglars' tools, etc., and for other purposes.
The favorable _report of the Committee was agreed to.
On the passage of the bill the ayes were 95, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following Senate bills, and instruct me to report them as follows:

MoNDAY, AuGusT 9, 1909.

1275

No. 42. To make it a misdemeanor to defraud hotel keepers, inn keepers, etc. Do pass.
No. 64. To protect fraternal and benevolent Associations as to names and badges. Do pass.
No. 114. To require Superior and City Court Judges to render decisions within 30 days, etc. Do pass.
No. 154. To amend the charter of the city of Waynesboro. Do pass.
No.156. To amend an Act to establish City Court of Baxley. Do pass.
No. 159. To amend an Act to establish City Court of Abbeville. Do pass.
' No. 151. To transfer Tattnall county from Middle to Atlantic Judicial Circuit. Do pass as amended.
Respectfully submitted,
FuLLBRIGHT, Chairman.
Mr. Butt, Chairman of the Committee on Corp~ra tions, submitted the following report:

Mr. Speaker:
The Committee on Corporations have had under consideration the following Senate bills, and re-

1276

JouRNAL OF THE HousE.

quest me as their Chairman to report .same back with the following recommendation: Do pass.
Senate Bill No. 144. A bill to be entitled an: Act to create a new charter for the town of Lumber City, Telfair county.
Senate Bill No. 161. To amend the charter of the city of Griffin, Spalding county.
Senate Bill No. 149. To amend an Act entitled ''An Act to incorporate the City of Collins,'' in the county of Tattnall.
Senate Bill No. 112. A bill to amend the charter of the Mayor and Council of the city of Shellman, Randolph county.
BuTT, Chairman. Mr. McCutcheon, Chairman of the Committee on Public Printing, submitted the following report:

Mr. Speaker:

August 9, 1909.

Your Committee on Public Printing having had under consideration Senate Bill No. 118; relating to amended terms and specifications for letting the contracts for public printing, recommend that the same do pass as amended.

P. T. McCuTCHEON, Chairman.

MoNDAY, AuousT 9, 1909.

1277

Mr. Heard, of Dooly, entered the following protest against the passage of House Resolution No. 11:

Mr. Speaker:
I most respectfully enter my protest against the passage of House Resolution No. 11, in reference to the purchase of lands for the W. & A. R. R.
J. P. HEARD, Dooly County.

The following Senate Resolution was taken, up, read and adopted, to-wit:

By Mr. Gordy, of Columbus-
A Resolution providing for the carrying over of unfinished business to the Session of 1910.
The following Senate bills were read the third time and put upon their passage, to-wit:

By Mr. Slaton, of 35th District-
A bill to provide for County. Police, and for other purposes.
The favorable report of the Committee was agreeu to.
On the passage of the bill the ayes were 97, nays 1.

1278

JOURNAL OF THE HouSE.

The bill having received the requisite Constitutional majority, was passed.
By Mr. Slaton, of 35th district-
A bill to provide an additional Judge of the Atlanta Circuit, and for other purposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 92, nays 0. The Speaker exercised his prerogative and voted aye, which made the ayes 93, nays 0.
The bill having received the requisite Constitu~ tional majority, was passed.
The Speaker announced the House adjourned on motion of Mr. Barrett, until 9 o'clock tomorrow morning.

TuESDAY, AuGusT 10, 1909.

1279

ATLANTA, .GA.
TuEsDAY, AuGusT lOth, 1909.
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 Resolutions were read and adopted, to-wit:
By Mr. Anderson, of Chatham-
A Resolution providing for the taking up of the old carpet and substituting noiseless linoleum in the House of Representatives.
By Mr. Reid, of Campbell-
A Resolution relative to the unfinished business of the present session, which requires the Clerk 'of House and Secretary of Senate to furnish Calendar of unfinished business to members.
By Mr. Reid, of Campbell-
A Resolution providing for bringing up of unfinished business of the House and Senate and for other purposes.

1280

;: JOURNAL OF THE Hotrs-m.

The following Resolution was read and adopted, to-wit:

By Mr~ Johnson, of Bartow-

A Resolut~<;m extending the sympathy of the

House to Hon. J. E. Rosser, of Walker county, on

.

\

account of sickness.

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

M1. S peaker:
The Senate has concurred in the amendment of the House to the Senate substitute to the following House bill, to-wit:
A bill to amend the charter of the city of Forsyth.
The Senate has passed as amended, by the requisite Constitutional majority; the following bill of the House, to-wit:
A bill to incorporate the city of Ellijay, m the county of Gilmer.
The following message was received .from"the Senate through Mr. Northen, Secretary thereof:

Mr. President:
The Senate has passed by the requisite Constitutional majority the following bills of the House, to-wit:

TuESDAY, AuGusT 10, 1909.

12tH

A bill to require the Commissioners of Roads and Revenues of the county of Dooly to work all public roads within the corporate limits of municipalities of said county.
A bill to create a new charter for the city of McRae.
A bill to incorporate the town of Arcade in the county of Jackson.
A bill to add the town of Summerville, in the county of Chattooga, to the list of State depositories.
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Dooly county.
A bill to amend the Act to establish the City Court of Nashville.
A bill to amend the charter of the town of Maysville.
A bill to establish the City Court of Zebulon in nnd for the county of Pike.
A bill to amend the charter of the city of Brunswick.
A bill to repeal an Act to incorporate the town of Yonker, in the county of Dodge.
A bill to amend the charter of the city of Toccoa.
A bill to consolidate, amend and supersede the several Acts incorporating the town of Wadley.

1282

JouRNAL oF THE HousE.

A bill to amend an Act to incorporate the city of Collins, in Tatnall county.
A bill to empower the Mayor and Aldermen qf the city of Milledgeville to sell and convey portions of the streets.
Mr. Parker, Chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
Your Committee on Railroads having had under consideration Senate Bill No. 139, have instructed me as Chairman to report back that said bill do pass.
W. M. PARKER, Chairman.

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

Mr. Speaker:
Your Committee on General Judiciary have had under consideration the following bill of the Senate, 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 936, Code of 1895, providing for umpire in arbitration of tax assessment.

. TuEsDAY, AuousT 10, 1909.

1283

Also the following Resolution of the Senate with the recommendation that the same do not pass, towit:
A Resolution, That a joint Committee of the Senate and House be appointed to welcome the officers of the Department of the Gulf.
Respectfully submitted,
J. H. HALL, Chairman.

By unanimous consent the following House bill was read the third time and p~t upon its passage, to-wit:

By Messrs. Griffin and Sheppard-

A bill to amend an Act to incorporate the town of Leslie.

The favorable report of the Committee 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.

The following Senate bills were read the second

time, to-wit:



1284

JOURNAL OF THE HousE.

By Mr. Rutherford, of 22d district-
A bill to preserve to benevolent, fraternal, and social and charitable organizations the exclusive right to the use of the names adopted by them.

By Mr. McCurry, of 31st district-
A bill to confer upon counties and municipalities the authority to grant franchises, etc.

By Mr. Mays, of 26th districtA bill to amend the charter of the city of Griffin.

By Mr. Slaton, of 35th district-
A bill to authorize the State to exchange certain land for an equal amount of land in Cobb county.

By Mr. Burwell, of 20th districtA bill to amend an Act to prescribe the manner of
letting the public printing.
By Mr. Calhoun, of 15th districtA bill to create a new charter 'for the city of Lum-
ber City.
By Mr. Burwell, of 20th districtA bill to umend an Act requiring the judges of

' TuESDAY, AuGUST 10, 1909.

1:!HG

Superior and City Courts to decide motions for new trials, etc.

By Mr. Sellers, of 3d districtA bill to amend an Act to create the City Court of
Baxley.
By Mr. Irwin, of 11th district, (by request)A bill to amend the charter of Shellman.

By Mr. McLane, of 2d district-
A bill to transfer the county of Tattnall from the Middle to the Atlantic Judicial Circuit.

By Mr. McCurry, of 31st district-
A bill to make it a misdemeanor to obtain board and lodging with intent to defraud.

By Mr. McLean, of 2d district-
A bill to amend an Act to incorporate the city of Collins.

By Mr. Cates, of 17th district-
A bill to amend the Charter of the city of Waynesboro.

1286

JouRNAL OF THE HousE.

By Mr. King, of 14th district-
A bill to amend an Act to create the City Court of Abbeville.
The following Senate bills were read the secoud time and recommitted, to-.wit:

By Mr. McCurry, of 31st district-
A bill to make penal the wilfully and falsely uttering or circulating any defamatory words or statements derogatory to the fair fame of any virtuous unmarried female.

By Mr. Morris, of 18th district-
A bill to prohibit the issuing or giving away .of trading stamps.

By Mr. McCurry, of 31st district-

A bill to amend an Act to conform the organization and discipline of the militia o.f Georgia.

By Mr. Patterson, of 8th district-
A bill to make it the duty of Ordinaries to have female patients conveyed to the insane asylum by a female attendant.

TuESDAY, AuousT 10, 1909.

1287

By Mr. Rutherford, of 22d district-
A bill to authorize Railroad Companies to condemn property for certain purposes.
By Messrs. Callaway, of 10th, and Callaway, of 29th-
A bill for the protection of game animals and game birds.

By Mr. Slaton, of 1st district-
A bill to amend Section 936, Volume 1, of the Code of 1895.

By Messrs. McDowell, McCurry and Morris-
A Resolution to appoint a joint Committee to call upon the officers of the Department of the Gulf
and extend them cordial welcome. '

By Mr. McCurry, of 31st district-
A Resolution providing that officers and enlisted men of the National Guard of this State be permitted to count service in the National Guard of other States.
The following rqessage was received from the Senate through Mr. Northen, Secretary thereof:

1288

JOURNAL OF THE HousE.

Mr. Speaker:

The Senate respectfully notifies the House of Representatives that by a vote of 23 to 18 it bas adopted a Resolution removing S. G. McLendon from the office of Railroad Commissioner of Georgia.
The following House bill was taken up and the Senate amendment concurred in, to-wit:

By Mr. Smith, of Gilmer-

A. bill to incorporate the city of Ellijay.
The following Senate bills were read the third time and put upon their passage, to-wit:

By Mr. Patterson, of 8th district-

A bill to amend Section 982 of the Code so as to add Colquitt in Miller county to list of State depositories.
The favorable report of the Committee was agreed to.
On the pas~mge of the bill the ayes were 120, nays 0.
The bill having received the requisite Constitutional majority, was passed.

TuESDAY, AuausT 10, 1909.

1289

By Mr. Matthews-

A bill to amend the Charter of the City of :B-,ort Valley.
The favorable report of the Committee 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. Gordy, of 24th district-

A bill to amend an Act to amend the charter of the city of Columbus.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 75, nays 23.
The bill having failed to receive the requisite Constitutional majority, was lost.
Mr. Wohlwender gave notice that he would move to reconsider (he action of the House in refusing to pass the above bill.

1290

JouRNAL OF THE HousE.

By Mr. Day, of 41st district-
A bill to amend Section 982, Vol. 1, of the Code so as to add the town of Jasper to the list of State depositories.
The favorable report of the Committee 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. Irwin, of 11th district-
A bill to amend an Act to create the City Court of Dawson.
The favorable report of the Committee 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. Blackwell, of 28th district-
A bill to create a new charter for the town of Rutledge.

TuESDAY, AuGUST 10, 1909.

1291

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays 0.
The bill having r'eceived the requisite Constitutional majority, was passed.

By Mr. McCurry, of - district-

A bill to provide for the election of County School Commissioners by the people.
The Committee proposed to amend by striking from Section 2 in line 5 the words ''a literary diploma from some reputable Institution of learning or State license granted by the State School Commisl. sioner of Georgia," which amendment was adopted.
The favorable report of the Committee was agreed to as amended.
On. the passage of the bill the ayes were 95, nays 26.
The bill having received the requisite Constituional majority, was passed as amended.
Mr. Reese, of Glynn, gave notice that at the proper time he would move to reconsider the passage of tho -above bill.

1292

JOURNAL .OF. THE HorsE.

By Mr. Callaway, of 29th district-
A bill to fix the salary of the stenographer in the office of the Attorney General, and for other purposes;
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 96, nays 12.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Matthews, of 23rd district-

A Resolution providing for a joint Committee on Tax Returns and Valuations.
The following amendment was adopted, to-wit:
To amend by adding the following Section : Section 3. That said Committee be further empowered to investigate into and recommend such changes in the tax laws and system of this State as they may deem advisable.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 93, nays 0.

TuEsDAY, AuausT 10, 1909.

1293

The bill having received the requisite Constitutional majority, was passed as amended.
On motion of Mr. Heard, of Dooly, Senate Bill No. 18 was tabled.

By Mr. Longley, of 37th district-

A bill to establish a Board of Osteopathic Examiners for the State of Georgia; to define its duties and powers; to regulate the practice of osteopathy and to provide for issuing and recording licenses, and for other purposes~

The substitute and amendments having been voted

down, the favorable report of the Committee was

agre~d to.

,

1

l

-

On the passage of the bill the ayes were 112, nays 33.

The bill having received the requisite Constitutional majority was passed.

By Mr. Gordy, of 24th district-

A bill to fix compensation for the Ordinaries of this State for receiving and paying out pensions.
The favorable report of the Committee was agreed
to. ,

1294

JOURNAL OF THE HousE.

On the passage of the bill the ayes were 93, nays 10.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Akin, of 4th district-

A bill to amend an Act to establish a Board of Dental Examiners in the State of_ Georgia.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102, nays 1.
The bill having received the requisite Constitutional majority, was passed.

By Mr. MeWilliams, of 34th district__:_

A bill to allow County Boards of Education to borrow money to pay public school teachers.
On motion of Mr. Turnipseed the bill was tabled.

By Mr. Harrell, of 12th district-
A bill to provide for supersedeas of judgments of conviction in county and other courts.

TuESDAY, AuousT 10, 1909.

1295

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 100, nays 3.
The bill having received the requisite Constitutional majority, was passed.
Mr. Hall, o! Bibb, moved to adjourn, which mo-
tion prevailed and the Speaker announced the House adjourned until 3 o'clock this afternoon.

THREE 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.
Mr. Stubbs, 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 th'e Governor, the following Acts, towit:

1296

.JouRNAL OF THE HousE

.An Act to report free transportation to policemen, Firemen and others in cities of this State.
An Act to extend the corporate limits of the town of Martin.
An Act to authorize the Trustees of Effingham academy to use the assets to build .and equip a school building at Springfield, Effingham.
An Act to incorporate the town of Unadilla.
An Act to repeal ''An Act to provide for the change of county lines lying within the limits of incorporated towns and cities.''

An Act to repeal an Act incorporating .the town of Piedmont, in Pike county.

An Act to repeal the Act incorporating the town of Oaklap.d City.
An Act to amend an Act incorporating the town of Brinson; in the county of Decatur.

An Act amending the Act incorporating the town of Five Forks.
.An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for. Turner county.

TuESDAY, AuousT 10, 1909.

1297

.An Act to repeal the Act incorporating the City Court of Barnesville.

An Act to amend the Act incorporating the town of Lithonia.

An Act to extend the corporate limits of the village of Summerville.

An Act to abolish the County Court of Jeff Davis county.

An Act to amend the Act establishing a City Court in the city of Columbus.

An Act to authorize and direct the County Commissioners of Bibb county to pay certain attorney's fees.

An Act to repeal the Act establishing the City Court of Danielsville.

An Act to repeal the Act incorporating the village of East Thomaston.

An Act to authorize the Mayor and Council of the

city of Macon to close and sell certain portions of

streets and alleys.



An Act to establish a new charter for the town of , Eton.

An Act to abolish the City Court of Ashburn.

1298'

JouRNAL OF THE HousE.

An Act to amend the Act incorporating the city of Lawrenceville.
An Act to amend the school laws of the City of Moultrie.
An Act to incorporate the City of Pepperton.
An Act to amend the charter of the town of Bronwood.
An Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Douglas county.
An Act to amend the Act establishing the City Court of Vienna.
An Act to amend an Act incorporating the city 01 Lawrenceville.
An Act to amend the Act approved October 6, 1891, so as to submit the question of local taxation for public schools in Demorest to the people.
An Act to incorporate the Waresboro School District in Ware county.
An Act to prescribe the duties and powers of the Ordinary of Johnson county when sitting for county purposes.
Respectfully submitted,
J. B. STUBBs, Chairman.

TuEsDAY, AuausT 10, 1909.

1299

By unanimous consent the following House Resolution was read, to-wit:

By Mr. Slade, of Muscogee-
A Resolution to provide for the ratification by the State of the proposed amendment to the Constition of the United States as Article 16.
On motion of Mr. Slade the above Resolution was tabled.
On motion of Mr. Baker, of Lumpkin, Senate Bill No. 18 was tabled.
On motion of 'Mr. Adams, of Hall, Senate Bill No. 46 was tabled.
Upon request of Mr. Calbeck, Senate Bill No. 18 was taken from the table and placed on the Calendar.
Senate bills for a third reading were resumed, towit:

By Mr. Slaton, of 35th district-
A bill to provide that February 12th of each year shall be observed as "Georgia Day."
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 93, nays 7.

1300

JOURNAL OF THE Hous3.

The bill having received the requisite Constitutional majority, was passed.

By Mr. Griffith, of 38th district-
A bill. to amend Section 342 of the Penal Code relative to the carrying of deadly weapons.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 94, nays 1.
The bill having. received the req}lisite Constitutional majority, was passed.

By Mr. Akin, of 4th district-
A bill to repeal all laws now of force in this State authorizing the issue of grants of land under head rights, and for other purposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 105, nays 5.
The hill having received the requisite Constitutional majority, was passed.
On motion of Mr. Barrett, of Stephens, Senate Bill No. 86 was tabled.

TuESDAY, AuGusT 10, 1909.

1301

By Mr. Price, of 27th district-
A bill to provide for the creation of the office of State Veterinarian.
The following amendments were adopted:
To amend by striking '' $2,500'' and insert '' $2,000.''
To amend by providing that he shall be paid out of. the appropriation for the support of the Department of Agriculture.
The previous question was called and the mam question ordered.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 59, nays 71. .
The bill having failed to receive the requisite Constitutional majority, was lost.
On motion of Mr. Faircloth Senate Bill No. 86 was taken from the table and placed on the Calendar.

By Mr. Harrell, of 12th district-
A bill to amend S~ction 377, Volume 3, of the Code which defines the crime of bigamy.

1302

. JOURNAL OF THE HouSE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 84, nays 11.
The bill, having failed to receive the requisite Constitutional majority, was lost.
Notice was given that at the proper time a motion would be made to reconsider the action of the House upon the above bill.

By Mr. King, of 14th district-
A bill to amend Section 2059, Vol. 2, of the Code of 1895.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 104, nays 7.
The bill having received the requisite Constitutional majority, was passed.
Mr. Guyton, Chairman of the Committee on Military Affairs, submitted the following report:

Mr. Speaker: Your Committee on Military Affairs have had un-

TuESDAY, AuGusT 10, 1909.

1303

der consideration the following Senate bills, and as its Chairman, I am directed to report same back, as follows, to-wit:
No. 66. An Act to conform the organization and discipline of the organized Militia of Georgia. Do pass.
No. 17. A Resolution providing that officers and enlisted men of the National Guard of this State are permitted to count service performed in the National Guard in other States towards retirement in this State and for other purposes. Do pass.
GuYTON, Chairman.
Committee on Military Affairs.

Mr. Parker, Chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
Your Committee on Railroads, having had under consideration, Senate Bill No. 101, has instructed me as its Chairman to report back said bill with the recommendation that it do pass as amended.
W. M. PARKER, Chairman.

The following Message was received from His Excellency, the Governor, through his Secretary,

l304

JouRNAL oF THE HousE.

Mr. Blackburn, and referred to the Committee on State Sanitarium on motion of Mr. Ellis, together with accompanying documents.



AuousT lOth, 1909.

To the Genem~ Assembly:

I have the honor of transmitting to you for such consideration as you think should be given them, the accompanying documents.

The first is a report made by a special investigating commission named by Hon. Hoke Smith, my predecessor in office, to inquire into certain charges made against the State Sanitarium.

The second is a reply to t.his report submitted to the Governor by Judge Thomas C. Lawson, Chairman, on behalf of the Board of Trustees of the State Sanitarium.

The original report, with some supplementary matter, not here included, and complete transcripts of testimony taken by the special cominission are on file in the Executive office subject to your win

Respectfully submitted,

JosEPH M. BBowN, Governor.

TuESDAY, AUGUST 10, 1909.

1305

REPORT OF THE COMMISSION TO INVESTIGATE
THE GEORGIA STATE SANITARIUM.

COMMISSIONERS. DocToR W. F. WEsTMORELAND, Chairman, ATLANTA.
HoNORABLE SEATON GRANTLAND, GRIFFIN. JuDGE W. F. JENKINS, EATONTON.
JUNE 17, 1909.
REPORT.
To His Excellency,
JosEPH M. BROWN, Governor, ATLANTA, GEORGIA.
Sir:We, Judge W. F. Jenkins of Eatonton, Seaton
Grantland of Griffin, and W. F. Westmoreland of Atlanta, were appointed as Commissioners by Governor Hoke Smith to investigate certain charges brought against the. Georgia State Sanitarium, to investigate and report fuUy upon the conditions

1306

JOURNAL OF THE HousE.

at the Sanitarium, and to make such suggestions as might occur to us, as the result of these investigations for the betterment of the institution.
The charges referred to us for investigation may be specifically stated as follows:
First. Charges made by Mr. R. E. Dunnington of Augusta, a former inmate of the Sanitarium, and published in the Jeffersonian for March and the Augusta Chronicle of May 9th; 1909.
These charges may be classified ~s follows:
1. That the food is inadequate, badly prepared and served. That the patients do not get tobacco furnished them.
2. That patients are teased, abused.z unmercifully beaten and made to do rough work.
3. That the attendants are ignorant, rough, brutal, that they tease, choke, beat, throw them to the floor, and otherwise mistreat the patients, as by cursing them, ducking them under water and unnecessarily confining them in the wire guard room. That they have killed several patients.
4. That patients have been permanently injured as the result of this rough handling-specifically, he, Dunnington, /himself had a finger broken.

TuESDAY, AuousT 19, 1909.

1307

Lingo (Wm. Lingold, Bartow county) tripped up by an attendant and leg broken.
George T. Lawson, Augusta, crippled.
W. B. Brown, Savannah, was struck on head over trephined area and injured.
That in March Mr. Glenn had his legs broken.
M. A. Poole, Hiram, Ga., had his nose broken.
5. That the attendants threaten them, if they try to report any of the occurrences, and that if they are reported to the officials, they are called '' illusions,'' and are not investigated.
6. In the latter part of 1908 some male watchman helped several female patients to escape by cutting the wire out of the window; that the watchman kept them in the basement of a building for a week or two, using theni for immoral purposes; that they were found in Milledgeville in a precarious condition; . That these men were tried in Milledgeville by a partial jury and found not guilty.
7. An affidavit made by a former female patient alleging that she was criminally assaulted by an
I"
asylum employee, and also that another woman inmate w&s the subject of an assault and a criminal operation.

1308

JouRNAL oF THE HousE.

Second. That charges preferred by Doctor S. W. Arrowood of Atlanta, that the body of Edgar Turner, colored, of Atlanta, who died at the Sanitarium in April, showed evidence of serious injuries; that upon examination he found a fracture on the left side of skull over temporal region, and apparently another over middle frontal region, wounds in both regions, laceration of right hand and fracture of right ring finger. rrlmt letters of inquiry to the Sanitarium regarding these injuries and cause of death remained unanswered until an article concerning same appeared in the daily papers.
The Commission held two meetings in Atlanta for the purpose of hearing testimony, and spent four days at the Sanitarium for the purpose of hearing testimony and investigating the conditions of that institution. Four additional days were spent in Atlanta reviewing the voluminous testimony, over five h.undred pages, and documentary evidence tendered in this investigation.
Conditions found at the Sanitarium imperatively needing changes are of such vital importance that they will be considered first.
TUBERCULOSIS.
The greatest evil, and the greatest menace to the health of the inmates of the Sanitarium, is that of housing tubercular patients with the others.

TvEsDAY, AuousT 10, 1909.

1309

It is criminal negligence to allow this to continue. The recgrds show that nearly all of these patients are infected after reaching the Sanitarium. 430, or more than one-seventh of the total annual population have died of this disease in the last five years. Within the present year to June first there have been 85 deaths, a proportionate .annual mortality of 170.
The Pathologist reports 48.3 per cent, of active tuberculosis from post mortem examinations.
The increase of deaths in the colored male ward from 17 in 1907 to 31 in 1908 is startling, being practically double.
Without radical change, the Sanitarium will become a death trap.
Pavilions have been prepared for a few colored patients; they are improperly built and badly situated and are worse than useless for the purpose intended.
Pavilions and open au treatment Bhould be immediately provided for these patients. There is a standing request for an approp;iation for this purpose, but whether granted or not, it is the duty of the Trustees to at once make adequate provision for these patients, and prevent this terrific sacrifice of human life.

1310

JOURNAL OF THE HousE.

EPILEPTICS, IDIOTS AND FEEBLE-MINDED CHILDREN.
Another pernicious evil is the improper classification or rather assignment of patients. It is obvious that nothing is more likely to prevent and retard the convalescence of these inmates than their association and frequent contact, in which there is neither affinity or community of tastes.
There are now 325 epileptics, 154 idiots anrl 52 feeble-minded children, scattered through the wards of this institution, 531 patients that have no business in an insane asylum, and that are certain to arouse the resentment of any class of insane.
These mischief-making, trouble-brewing epileptics are simply 325 units of discord, and we are sure that a greater portion of the trouble in wards where they are located is due to them. They tea:o;e patients, are irritable, start rows and fights, and in every way prove a nuisance to the others.
There is but one agreed plan of handling these epileptics, that of segregating and colonizing them. There is ample ground at the Sanitarium to start a colony for these unfortunates, and it could be made practically self-supporting. They would be benefited and some cured, where all is now hopeless. They now cost the State $41,275.00 per year. The authorities. have been requesting an appropriation for this purpose since 1905.

TuESDAY, AuausT 10, 1909.

1311

That the feeble-minded children are confined here is a reflection on the humanity and intelligence of the State, and is a poor business proposition. Under this environment, these children simply increase the number of idiots, which now number 154, plus the 52 children on the way, giving a total of 206 permanent charges upon the State. Their annual cost to the State is $26,162.00. Some of the idiots have cost the State at least $5,000.00 each since arriving at the Sanitarium.
A training school for the feeble-minded, outside of giving the poor waifs a chance, and its justice to them, would be a paying investment, and could occasionally turn out a good, capable, well trained citizen.
Of this class of patients, epileptics, idiots and feeble-minded children, there are 531, which at the annual cost per capita in 1908 of $127 amounts to an annual tax of $67,437.00
In the last annual report we find that 80 colored male patients, working at the "colony," the Sanitarium Farm, made a crop worth $23,743.93, at an expense of $7,903.99, leaving a net profit of $15,839.94.
That 77 white male patients, living at the "Hospital Building'' and working the garden, made truck worth $9,879.16, at an expense of $5,362.04, net profit of $4,517.12.

1312

JouRNAL oF THE HousE.

There was raised on the place pork worth $1,551.60, at an expense of $5.10, balance in favor of pork $1,546.30.
The old dairy produced $6,235.65 at an expense of $5,597.57, making net $638.08. The new- dairy produced $5,671.19, at an expense of $5,628.49, making net $42.70, or a combined net profit of $680.78. The dairies were not proportionately as profitable as the other agricultural interests. 1908 seemed to be a bad year, as in 1907 with fewer cows t4ey cleared $900.08 more."
This report presents the healthy picture of 157 patients working in the open air, as unskilled laborers at manual work, producing agricultural products of a gross value of $35,174.69, at an expense of $13,271.13 and a net profit of $22,584.34.
The dairy products are included, as the report doe$ not show what percentage of patients worked there. The dairy run at a complete loss, would still be worth while, as it would be impossible for the local territory to supply the milk needed.
The physical appearance and the mental condition of the patient~ engaged in these agricultural pursuits was decidedly the bestseen at the Sanitarium, even discounting the fact that they were probably picked men, they present an alert cheerfulness not to be seen tin those confined to the build-

rrUE!i\DAY, A VGUST 10, 1!)09.

1313

mgs. So far as.could be. ascertained, those engaged in outside work of any kind seemed to consider their position a reward of merit.

Your Excellency will pardon this apparent trans-

gression, but as some of the complaints have been

in regard to work done by the inmates, it was con-

sidered a valuable illustration, to show the practical

value

of

labor

on

the

mental .

and .

physical

'

.

conditi.on

of the inmates. The mental and physical deteriorr.

tion of those kept in confinement is marked even in

. the mentally and physically Well, and IS more

marked in those mentally afflicted. There is now

no remedial measure so well recognized as the value

of occupation and employment for those confined in

insane asylums; outdoor employment is peculiarly

valuable, as an adjuvant in the treatment of epilep-

tics. .Most of the complaints were made about using

mops, washing clothes, and this class of labor. It

would appear that it is the effeminate type of work

that the men possibly unconsciously resent, rather

than the labor itself.

The scope of labor represented in this institution and the physical needs to ~upply, will correspond to those of any community o~ a similar size. So it is quite practical in many in~tances to place the pati~ ents capable of work at their accustomed or kindred. occupations, where this work is not centra indicated by their mental attitude toward,it.

1314

.JouRNAL OF THE HousE.

Occupation also develops in these patients an independent mental attitude toward the world that canfinement kills or benumbs.
Thes~ patients that are cooped up for varying periods of time, with visible means of restraint, herded together by an attendant or guard, visually seeing the world only through bars, or over high brick walls, confined without anything to occupy their attention, thoughts or hands, with inadequate exercise, are suddenly without preparation thrown into a busy, hustling world on a furlough, is it' surprising that they become excitable, lose their mental poise, become shy, are first misunderstood, then shunned, finally driven in on themselves, relapse and are returned to the Asylum. Three-fifths of those sent out of this institution on furloughs are returned.
We recommend. that the Trustees immediately take such steps as may be necessary to begin the segregation and colonizing of this class of inmates, and ~ontinue same until the segregation is complete.

BUILDINGS.
The Commission made a thorough inspection of the buildings, including kitchens, bakery,'cold storage plant and laundries.
With the exception of the Hospital and Colony Buildings we were impressed with the imma<'ulate

TuESDAY, AuausT 10, 1909.

1315

cleanliness of the buildings of this institution. The two excepted baHdings need general overhauling and renovating badly.
There is much defective flooring in the Powell and negro building.
The plastering and metal ceilings are in many places -very- bad. This rusted metal ceiling should be removed at once, as in many' places films of it are constantly dropping. The suggestion that no ceiling should be used, but floors and joists left exposed is not a good one, as it would leave a lot of rough wood work exposed for the collection of dust and dirt, that could not be removed, and thus prove un- , sanitary.
The suggestion of the administration that .shower baths and cement or concrete flooring be installed is an excellent one, and should be carried out. A beginning of these improvements should be made, eveJl. if an appropriation for the complete work is . not secured.
We are informed that the necessary material for the defective flooring is on hand and necessary repairs will soon be made.
A great deal of the plumbing, closets and baths are in bad shape and unsanitary.

1316

JouRNAL OF THE HousE.

The male convalescent building is a veritable fire trap; Immediate steps should be taken to provide adequate exits.
One of the gravest defects m these buildings is the improper facilities for ventilation. 'The arrangement of the bars in the windows fastened under the upper sash prevents its being moved, s'o air can only be admitted by raising the lower sash and this is flush with the patients bed, which in the small rooms are directly by it,. so the full volume of air when the lower sash is raised is directly on the occupant. In bad or cold weather this has to be . closed, shutting off the only source of ventilation, except the hall transom;
The infirmary room is inadequate, frequently necessitating the acutely sick remaining on the wards. These infirmaries should be screened. We saw two cases, patients. with numerous exposed discharged ulcers, literally covered with flies.
ExERCISE YARDs.
The majority of the yards are entirely too small for the needs of the patients. Most of them are shadeless, they are surrounded by high brick walls which cuts off the air, making them very hot in summer, and the clay soil makes them muddy and unfit for use in. bad weather. These conditions necessitate the confinement of tnese patients to the wards

TuEsDAY, AuousT 10, 1909.

1317

many unnecessary days in the year, when they should be at exercise in the fresh air.
Gravel or cinders placed on the yards that are not sodded would make them fit for exercise at any time that it was not raining. Cinders from the boiler room could be used and this improvement made at a nominal expense.
These people are not jail-birds but invalids, and the penitentiary methods of restraint in vogue at this institution belong to a past of chains and shackles. It is absurd that with the immense acreage here, more ample recreation grounds are not provided for these p~tients.
There is enough money invested in brick and expense of erecting these useless, unsightly, restraining walls, to provide guards and more satisfactory restrictions against escape, that would allow of fresh air and ample liberty, to these poor unfortunates for years to come.
Immediate plans should be provided for the elimina,tion of these walls and th~ more ample provision of recreation grounds and the introduction of the simpler out-door games and sports for the entertainment of the patients.
MEDICAL STAFF.
The medical staff now consists of el-even physicians; of these Dr. Jones as superintendent has no

1318

JOURNAL OF THE HOUSE.

time nor does he, perform any medical duties. Doctor Whitaker, medical inspector; official duties should occupy all his time, though he does look after 200 convalescents. Doctor Willettes, the Pathologist's duties leave him no time to care for patients, though he looks after 60. This leaves eight physicians to look after all the patients at the institution.
In 1908 the total number of patients rece1vmg treatment was 4,095. This would give an average of 512 patients to each physician. 947 of these were. new patients. Each of these new patients had to receive an individual physical and mental examination, that the case be diagnosed and classified. A half day, frequently a full day or parts of several days, is needed to complete the examination of a case. So far as we are informed this is proportionately a larger charge on the medical staff than occurs in any similar institution in the world.
It is a physicial impossibility for these physicians to give the number of patients under their, care the proper medical attention. These physicians have other duties as well, such as inspecting and reporting the quantity and quality of. the meals served, making reports and writing answers to letters and furnishing written information in regard to any
I
patient under their care. The arduous character of their duties is readily seen.

TuESDAY, AuausT 10, 1909.

1319

The enlarging of the medical staff is imperatively demanded.
We recommend as a practical way of relieving this congestion of work, that a junior resident physician for each of the larger buildings be appointed. The value of this is readily seen, the junior resident physician would be at hand for day or night emergencies., he could. rel~eve the senior physicians of the routine work, thus allowing the senior physicians more time for the study and investigation of the new or different cases.
In addition, the resident physician being on the spot, would act as a restraining influence on attendants prone to neglect their duties, or who tease, worry or mistreat their patients.
We can't too greatly emphasize the value of this innovatic;>'n.
ATTENDANTS.
In the male department, where most of the reported cases of mistreatment have occurred, they have several grades of attendants; first, a supervisor, assisted by two assistant s:upervisors, who have control of and direct in the performances of their duties the attendants and assistant attendants, and who report any dereliction of duty on their part to the superintendent. The supervisor is also a gen- eral inspector of the buildings, has the care of the wards and rooms, sees that patients are properly

1320

J ouRN AI.. oF THE HousE.

bathed and clothed, that patients, are properly employed, without coercion. In other words he is the general medium of communication between patients, attendants and officers. The supervisor has charge of about 100 employees.
This is one of the most i~portant positions in this institution, one that requires an active, alert man, with plenty of judgment and executive ability to perform these manifold duties.
To our surprise we found this position filled by a man over 80 years old,_ long superannuated and confined to his house. Dr. Jones informed us that he still had charge of the buildings and received reports.
We can not too strongly condemn the filling of such an important post by a man of that kind and the authorities are derelict in their duty in doing so. Length of service is no excuse; the reward fo~. long service should be pension or change to some position within their capacity to fill. Such precedent is dangerous and should have no place in public institutions.
There is practically one hundred attendants in the male buildings; with few exceptions the class of men filling these positions are not satisfactory. The fact that twenty per cent. of the attendants have been discharged within two years for cause, speaks more

TuEsDAY, AuGUST 10, 1909.

1321

emphatically of the unsatisfactory type of men employed than written words.
Within the last two years there were discharged for mistreatment of patients, six; neglect of duty, three; stealing, three; insubordination, three; drinking, three ; drinking and fighting, two. Most of these, such as drinking, are only discharged for the second offense, so this would present quite an array of offenses committed during this time.
On examination under oath these men appeared absolutely unfamiliar with the rules, and appeared to perform their duties as a matter of routine, and did things because they saw some one e~se do them. On the witness stand they were untruthful and in the whole first day's examination there was not a man put that swore that he had never seen a patient mistreated, or any rules violated, this even wheD. they -were present in the wards where offenses were committed as afterwards proved. Some of these men, though on duty, were drinking. One of them was intoxicated, during the investigation, while giving testimony.
The compensation paid the attendants is not sufficient to attract the class of men with the proper qualities for these positions. As we consider the class of attendants employed responsible for much of the trouble occurring in the wards, we recommend
that the Trustees increase the salaries to a point of

1322

JouRAL OF THE HousE.

attracting a better class of employees. False economy practic.ed at the expense of securing proper attendants is a vital wrong. We consider the fitness and capability of the attendant is of no less importance than that of the attending physician.

Fooo.
The character of the food is good and the quality, quantity and variety is sufficient for the needs of any one. Th.e bread is as good as you will find in any first-class bakery. The meat, while not prime beef, isexcellent in quality. Being boiled, as is necessary to prepare it' in such large quantities, it is not as savory to looks or palate as it would be if roasted or broiled, but it is good and wholesome. 'rhe per capita allowance of food stuffs, meat, milk, butter, lard, potatoes and vegetables is based upon. the usual rules governing the food supply of similar institutions.
We can see no reason for complaint in this regard.
The basic wrong at the asylum is due to the small appropriation they receive from the State. Experience has proven that with so small an amount competent care cannot be given this class of patients and an institution with only thirty-four to thirty-five cents per capita a day can be considered as a place of detention and not of cure.

TuESDAY, AuGusT 10, 1909.

1323

This question has been tried out in many asylunis and fifty cents -per capita, per diem, has been found to be the least amount that anything like proper care of this class of patients can be had for.
The Legislature is too apt to view with alarm the rapidly growing aggregate necessary to care for the sanitarium, other than the small average amount expended on each patient.
We attach a list giving the average daily cost per capita of most of the public institutions in this country.. Its perusal will prove interesting in this ronnection, as with one exception Georgia's sanitarium is the smallest on the list.
This is an improper point of view, for the State owes it to humanity no less to itself, to make proper provision for these unfortunates, and to improve the condition at this institution established for the benefit of a class who are literally powerless for their own protection.
The State should look toward the future in providing equipment for this plant. In this way con-
siderable amounts could oo saved. For instance,
there are now needed eight separate boiler plants, with crew, run at an annual cost of $30,174.00 and the electricity for lighting purposes purchased outside. It has occurred to the committee that a large central boiler plant could furnish all the buildings

1324

.JouRNAL OF THE HousE.

and the needed electricity as well, at a decided saving each year. We attach the engineer's report.
Practically aU the patients that leave the asylum do so on three months furlough; after three months the jurisdiction of the sanitarium authorities ceases by law. In fact this law releases any one who re.. mains away from the asylum three months, no matter how they have left it, whether as an escape or on furlough. After three months patients can not be returned to the asylum except by a new commitment trial.
The Commission is satisfied that the Sanitarium authorities exercise this prerogative too liberally, and send out patients who are not cured. Our information from these authorities is that over threefifths of those released on furlough are returned.
Instances of these furloughed people causing trouble, sometimes dangerous to themselves or others, is so frequent that we recommend that these releases be limited to those who present evidence of permanent cure.
The result of the investigation of the charges preferred by Mr. Dunnington and Doctor Arrowood is as follows :-
DuNNINGTON CHARGES.
On June 15th Mr. Dunnington appeared before the Commission and presented his evidence. The '

TuESDAY, AuausT ,10, 1909.

13:!5

Commission decided that in justice to all, Mr. Dunnington had best appear before the .Commission at its meeting at the Sanitarium. This he did on Jun~ 18th.
, At these meetings the Sanitarium was represented by Judge Richard Johnson.

Mr. Dunnington preferred charges as publislwd in the Jeffersonian and the Augusta Chroniele. The evidence given in this case is presented in full with this report. For convenience the Commission has classified these charges into seven sections, bofore mentioned.

Charges contained in Sections 1, 2, 3, and 5 are practically covered in the :first part of this report.

Charges contained in section 4 that patients have been permanently injured and as the result of this
to rough handling we .:find b~ as follows :

William Lingold, of Bartow county, identified

as the "Lingo" in Dunnington's testimcny, a

patient of T .hall, was tripped up by an attendant

named Dennis, which resulted in breaking Lin-

gold's leg; Dennis, the attendant, claimed to have

tripped him up in fun. Dennis was discharged. by

the Superintendent. The testimony in full on this

subject will be found on pages 135 to 140of the evi-

dence.



1326

.JOURNAL OF THE HousE.

The investigation showed the injury to G-eorge '1'. Lawson, of Augusta, to have occured in the following manner
a He was carrying bundle of clothing, which he
claimed was too heavy, down stairs. Hi~ own statement is as follows:
"I carried the bundle, started to go down, and burt my hip."
Q. Did you fall A. No, sir, just twisted.
Q. Did you dislocate your hip A. Yes, 'sir. I was going down another day and fell.
Q. You don't know whether you dislocated your hip when you fell, or not, you only know it was dislocated after it. A.. I think I did it before that. .
Q. How far did you fall A. Over on tbe steps.
Q. Did you roll down T A. No, sir, up against the wall.
Q. How long were you in bed after that? A. I don't know, sir, I think three or four or five months.
.Q. Ever since you have been on crutche~1 A. Yes, sir.
On further examination he says:

TuEsDAY, AuausT 10, 1909.

1327

Q. I understand that the injury to your thigh or hip was from falling down the stairway~ A. That is an infamous falsehood.
Q. I thought you said that 1 A. No, sir, I was carrying that bundle down there.
Q. You did fall on the stairway when you had the bundle on your arm or shoulder A. Yes, sir, I came down under my burden like any other animal or beast of burden.
The testimony of Mr. George T. Lawson will l)e found in full on pages 117 to 135 of the evidence.
The testimony in the case of W. B. Brown, of Savannah, is as follows :
Mr. Brown claims to have been struck over a trephined area, by an attendant named Cook, and very badly hurt. None of the authorities at the institution had. heard of this injury until it was published in Dunnington's charges. Cook, the attendant, involved in this statement, was discharged some time ago for stealing. The testimony in regard to Mr. Brown's case will be found on pages 140 to 144 of the evi(lence.
In the charges it is claimed that Mr. Glenn, of Atlanta, had his leg broken in March. The testimony shows that Mr. Glenn died in January. He had never been in the Green Building, which is also

. -

1328

JouRNAl, OF THE HousE.

known as the Female .Convalescent Building, as alleged. The testimony further . shows that Mr. Glenn was a paralytic, his arms and. legs both being paralyzed on pne side. After he became partially paralyzed he was carried around in a roller chair. The evidence seems to show that he was never crippled in any way by an injury.
The testimony in regard to Mr. Glenn will be found on Pages 295 and 296 of the evidence.
The case of Mr. M. A. Poole, of Hiram, Georgia, charges that his nose was broken in a :fight with A. J. Hawkins, an attendant. Mr. Poole having been discharged from the institution it was not possible to secure his testimony. Examination of A. J. Hawkins, attendant, in regard to this circumstance, will be found on pages 308 to 319 of the evidence. Mr. Hawkins gave his testimony in a very unsatisfactory and evasive manner, making a decidedly bad im~ pression on the minds of the Commission as to his fitness to serve as an attendant.
charges contained in section 6 that in the latter part of 1908 some male watchmen helped several female patients to escape by cutting the wire out of the window; that the watchmen kept them in the basement of a building for a week or two; using them for immoral purposes; that they were found in Milledgeville in a precarious condition. Thatthese men were tried in Milledgeville by a partial jury and found not guilty, we :find as "follows:

TuESDAY, AuausT 10, 1909.

1329

On the 15th of last August one of the yard night watchmen and a helper, cut the wires from the window of one of the rooms in the Recreation Hall and assisted two female patients in escaping from the Green Building. They carried these women to the basement of the Male Convalescent Building, where they kept them until Sunday night, August 16th. On Sunday night they were located in Milledgeville, where they had gone to take a train. The fact that some of their garments were found in the basement of' the building, and that though they were separated from each other they confessed to pratically the same story, giving the names of the parties.
These men were first indicted and tried in the Superior Court, the men being prosecuted by the Solicitor-General of the Circuit. The trial in the Superior Court resulted in a mistrial. It was at the request of Doctor Jones, Superintendent, that these cases in the first instance were not transferred to the county court. They were tried a second time before the county court where they were dismissed. Doctor Jones states that he made every effort to convict these men, because he t~ought they were guilty. There did not seem to be any question of their guilt, but the jury seemed to be unwilling to convict these men, on the patients' testimony. The testimony in regard to. this case will be found on pages 452 to 458 of the evidence.
Charges contained in section 7 that an affidavit made by a former female patient, alleging that she

'.

1330

J OUBNAL OF THE HOUSE.

was criminally assaulted by an asylum employee, and also that ~nother woman inmate was the sub:ject of an assault and a criminal operation, we find as follows:
For obvious reasons the names of any of the parties in the affidavit referred to, under the circumstances, are withheld. An investigation of the charges shows that the statements contained in the affidavit, in both cases, were not only untrue, but, as a matter of fact, as sustained by the testimony, were physically impossible. The testimony in this case will be found on pages 10 to 70 .of the evidence.
The officials of the Sanitarium introduced testimony bearing on the credibility of Dennington's statements, and further that he was in innumerable ro~s and fights, where he was in the wrong, not mentioned by him. Also a letter was introduced from one of his relatives, showing Dunnington's present mental condition, which is as follows:-

DB. L. M. JoNEs, SuPT.,
Milledgeville, Ga.
Dear Sir ::.___ 1 have recently noticed a published interview of
my brother R. E. Dunnington, who has been until recently an inmate in the State Sanitarium, I also notice in today's paper an interview as coming from

TuESDAY, AuGUST 10, 1909.

1331

you which states that he is out on furlough and is . due to return June 11th. I wish to st~te most positively that he is not now in any condition to be left at large, he has already had troubl_e with one of my neighbors and I am constantly in dread. for the safety of myself and family, and my father and mother are both living in dread that he will do them boldily harm and yet they are afrai.d to say anything to him. Before going to the asylum, he threatened my life and undertook to carry his threats into execution by standing in front of my house with a shotgun waiting for about a half an hour for me to come out. I do not want to have to defend myself against him, but unless he is removed from the neighborhood, I fear that something dreadful will happen. I am writing you this letter in the strictes~ confidence and under no circumstances is it to be mad.e public. With information contained in this letter if you cannot take steps necessary. to have him returned to the asylum, I beg to let it drop for if he should know that I had done anything to have him .returned, he would certainly undertake to do me harm.
Yours very truly,
(Signed) W. F. DuNNINGTON.
Arlington Bros. & Co.
Identified C. B. W.

1332

JouRNAL OF THE Hou::;E.

TURNER CHARGES.
That char.ges contained in Section Second, that charges preferred by Dr. S. W. Arrowood, of Atlanta, that the body of Edgar Turner, colored, of Atlanta, who died at the Sanitarium in April, showed evidence of serious injuries; that upon examination be found a fradure of the left .side of the skull, over the temporal region, and apparently . another over the rontal region,, wounds in both regions-laceration of right hand and fracture of right ring finger; that letters of inquiry to the Sanitarium regarding these injuries and cause of death remained unanswered until an article concerning same appeared in the daily papers, w~ find as follows:
Dr. Arrowood, of Atlanta, appeared before the Commission in Atlanta, on May 31st and made the following statement:-
. "I have treated Edgar Turner for some time for specific disease. He apparently recovered physically, though he grew worse.. mentally-was very violent and wild.
"Was adjudged insane and committed to Asylum March 20th, 1909. April 7th, 1909, his wife received a letter from the Asylum stating that Turner could not live but a short time.
''April lOth they wired that he was dead, whether to bury there or send body to Atlanta. Body reached Atlanta in a day or two.

TuEsDAY, AuGusT 10, 1909.

1333

"I examined patient. Turner had a fracture on left side of skull over temporal region, and apparently another over the middle frontal region,wounds in both regions. Was scalded over left shou)der. Lacerations of right hand and fingers. Fracture of right ring finger.
"Letters of inquiry to the Asylum regarding these injuries and cause of death remained unanswered until the article concerning same appeared in the daily papers.''
In the investigation of the Turner case the ComI
mission decided that it would be necessary, in order to get at the facts, to have a post mortem ~eld in this case. At the request of the Commission the body of Edgar Turner was autopsied on June 12th at Park view Cemetery by Doctor J. Edgar Paullip, an expert pathologist. This examination was made in the presence of several witnesses, including Doctor W. F. Westmoreland. DoctorS. W. Arrowood was invited to be present but was out of the city. The report of Doctor Paullin was as follows:-

DR. w. F. WESTMORELAND,
CITY.
My dear Doctor: On June 11th, at 4:45 p. m. I autopsied the body
of one Edgar Turner, colored, at Park View Ceme-

1334

JouRNAL OF THE HousE.

tery. I wish to say that this body was examined particularly for the presence or absence of fractures. On the left parietal region there were two skin incisions, one about 10 em in .length, the other about 2 em in length, these were covered by adhesive plaster. The entire skull was freed from skin and periosteum for that the bone could be clearly seen through its entire area; this was everywhere intact and apparently perfectly normal. There was absolutely no evidence of any discoloration from old blood clots or extravasation of blood. The skull was then opened by sawing through the frontal, paritial and occipital bones. The dura wa:s stripped from the inner wall o{ the cranium in order to examine the base of the skull. There was absolutely no evidence in this situation of any fracture. The next investigation were directed at the metacarpal bones and phalanges of both hands ; the skin and overlying tissues were freed from each of these bones in order that they might be more clearly see~. These failed to show the slightest evidence of a fracture or contusion.
I wish to say in closing that the body, despite the fact of the length of time since burial, was in very good condition for the investigation of these particular points.
Respectfully submitted,
(Signed) J. Edgar Paullin.
Identified C. B. W.

TuESDAY, AuGUST 10, 1909.

1335

The Commission is satisfied that there is absolutely no ground for Dr. Arrowood's charges. The officials of the Sanitarium introduced testimony in the form of letters bearing upon the general character of Dr. Arrowood, copies of which letters will be found attached to the documentary evidence. Testimony in regard to the Turner case will be found in full on pages 1 to .10 of the evidence.
In closing this report we wish to emphasize several points.
First.-The position of Supervisor is, next to the medical staff, the most important. We understand that Mr. Jackson, former Supervisor, is dead. It naturally occurs to us that one of the assistant Supervisors might be promoted to the vacancy. Certainly neither of the assistant Supervisors appearing before the Commission, were in any way
I
suitable for this position.
Second.-We would recommend that the books of the institution be annually audited by an official of a:n auditing company, and closed at the end of each fiscal year. A more modern plan of book-keeping should be instituted.
Third.-Tuberculosis is the great danger to the hMlth of this institution. In looking over the reports we find that this <londition was recognized by the authorities and that in 1906 they requested an appropriation of $15,000.00. We also find that they

1336

JOURNAL OF THE HousE.

had on hand a balance of $9,917.55, "with which to
guard against any emergency which may arise," the words of the report. It appears to us that no greater emergency can or will ever arise than the care of these people. There were 128 deaths from tuberculosis that year. These are deaths from an lnfectious, preventable disease. These deaths should be charged to the authorities of this institution, for with proper care they could prevent them. Since 1906 there have been expensive improvements made, such as a New Dairy. Money spent in this way could have provided for these people and prevented this rapidly increasing disease and the accompanying high death rate. A just criticism of the management of th~ institution, in that money is spent without proper idea of value. In this relation they will put three silos against, say, fifty preventable deaths, then decide for the silos. Such decisions are tinged with inhumanity.

They ask for an appropriation for the correction of a recognized evil, then take no steps for its cur~ rection year after year, unless they get it.. With the working forces and material on hand at this in-stitution, and with proper management, these tubercular cases could be provided for within a month.

This institution needs an initiative to break loose and recognize the proper proportion of values. They are drifting into a rut and need digging out. This Sleepy Hollow needs waking up and should

TuESDAY, AuausT 10, 1909.

1337

be forced to keep up with modern progress. This institution needs a modern, progressive, scientific, exec~ve head, with the ability to take the initiative, and who fears not to do so.
Respectfully submitted,
(Signed) W. F. WEsTMORELAND, Chairman.
(Signed) SEATON GRANTLAND.

REPORT OF W. F. JENKINS.
I concur in much of what is contained in the foregoing report. . I do not concur fully. Wherein I dissent, will, I take it, be sufficiently indicated in the following:
I feel after a s-omewhat thorough inspection of the buildings and grounds of the Sanitarium, and of what pertains thereto and after a careful examina. tion by the Commission, into the management of the institution, that it is due to the trustees, to the medical staff, and to many of the employees, to say, that in my judgment, the management is excellent, and that the institution as a whole, all things considered, is one of which the people of this State may well feel proud. If the institution is not "up-to-date" in all respects, it should be borne in mind that its plans were devised in the main, many years ago, and that there is only one institution of like character in

1338

JouRNAL OF THE HousE.

the United States, ope.rated so cheaply. The expense per capita of the inmates of 77 like institutions in the United States, averages about 50 per centum higher. Doubtless just criticism can he made of minor details. In practically all essentiR:ls, however, there is no just grounds for complaint. The trustees are able, faithful and diligent. The same may he said of the medical staff. The matron, from every source, we found most highly comll!ended for the intelligent and faithful discharge of her duties. The buildings and grounds are strikingly clean and well kept. The food, of good quality, is well prepared and served. It is abundant in quantity and variety. These things constitute the great essen~ tials to the well being of the home provided by the State for the care of more than 3,000" of afflicted citizens. Such bei.ng the condition at the sanitarium relating to essentials, I think complai,nts must he limited to minor matters. The rules governing the institution are wholesome and adequate, and, I believe, are well enforced, with the qualification that now and then they are seriously infracted by attendants.
Practically every complaint brought, in any way, to our attention, in which there seemed to he any merit, related to the conduct of the attendants. The compensation paid to this class of employees is smaller than it should he, and this fact has resulted in the employment of some persons unfit to discharge the highly important duties pertaining to the position. The fact, however, that the au-

TuESDAY, AuGUST 10, 1909.

1339

thorities have discharged, for cause, such a large percentage of these employees is strongly indicative of a commendable determination to rid the institution of unworthy persons. In my opinion the welf being of the institution depends, in a large measure,upon the strict performance of their duties. They,. in a sense, are actively in charge of the various wards. Dereliction of duty upon their part must necessarily result in harm to patients. To avoid this, it should be the special and sole duty of someone to keep watch on these attendants, and to report all infractions of non-observance of the rules. The patients themselves, or very many of them, are incapable of making their grievances known to the higher auth()rities. Instead of relying, as at present, mainly, upon the supervisor who has various other duties, I think that a special supervisor should be provided, whose sole duty should be to initiate and prosecute charges against delinquent attendants who naturally conceal their own misdeeds and short comings, this being in the very nature of things, in many cases, easily done. A rigid watch over the attendants would result in great good to the inmates and be worth many times its cost to the State. The absance of some speci.al method of reaching and dealing with delinquent attendants, I consider the greatest defect, by far, existing at the Sanitarium. This special supervisor should be selected with the utmost care and with reference to his peculiar fitness for his work. He should be a n1an. of high character and capacity, and should re-

1340

JOURNAL OF THE HoUSE.

ceive not less than $100.00 per month as compensation.
I desire specially to concur in the recommendation contained in the report that the tubercular and epileptic patients be segregated as early as possible. The Trustees of the Sanitarium have s.everal times earnestly urged the providing of means to accomplish this end. Humanity demands that this be done. If the condition of the State treasury will not authorize such an appropriation as the trustees think necessary to remedy the existing evil as to these classes of patients, then I suggest th~t plain, rough platforms be erected at some locality on the State's property, and that a -suitable tent and fly be put on each platform for the use of the tubercular patients. Such platforms and tents, with a high wire enclosure, I believe would, for quite a while at least, meet all demands and would probably be as useful and beneficial as an expensive building affording less ventiiation and fresh air. If this can not be done, then some other available means of segregation should be re.sorted to.
Respectfully submitted,
(Signed) W. F. JENKINs.
SuPPLEMENTAL REPORT.
Inasmuch as a great deal of the investigation by the Commission related to the conduct of the attendants at the Sanitarium, I think it well and proper to say that the nurses (female employees in the build-

TuEsDAY, AuGusT 10, 1909.

1341.

ings for women, corresponding to male employees in the buildings for men, known as attendants) seem to be performing their duties satisfactorily and well. No complaint whatever against any nurse now in the service of the institution was brought to our attention.
I will add that I heart~ly agree with the authorities of the Institution in the wisdom of erecting and equipping the new dairy. It is commodious, modern and up-to-date. By this means the supply of milk for the use of inmates should be greatly increased. At present the supply of this valuable article of diet is short. Nothing in the way of diet can be of more benefit in the treatment of the sick and feeble, than milk.
Respectfully submitted,
(Signed) W. F. JENKINS.

THE REPLY OF THE TRUSTEES OF THE STATE SANI-
TARIUM To THE REPORT OF 1'HE INvEsTIGATING CoM-
MISSION APPOINTED BY Go'vERNOR SMITH.
Through the courtesy of Governor Joseph M. Brown, the Trustees of the State Sanitarium are permitted to make the following reply to such parts of the report of Messrs. Westmoreland and Grantland, Commissioners recently employed in the inves- tigation of the management of the Sanitarium, as
they deem it proper to notice.

1342

JouRNAL OF THE HousE.

These observations are not intended to be so much a criticism upon the report as a correction of the errors which gentlemen unfamiliar with the Institution and its management, are liable in such a limited investigation to commit.
The reply will follow the order observed in the report.
The first impression made upon the minds of the Trustees is that these two Commissioners after reading the false and libelous charges so vociferously promulgated against the officers of the Sanitarium, naturally became infected with the suspicion that something seriously wrong was permitted to go on there, and that having inspected the Sanitarium, and having heard all the evidence pro and con bearing on the charges, and failing to find the wrongs they expected to exist, they yet could not entirely divest themselves of the suspicion previously engendered. Their impression is based on the following considerations:
1st. The Commissioners nowhere allude to the fact that their investigation was instituted at the request of fhe Superintendent and his Medical Staff. They leave it to be inferred that their investigation was ihitiated and conducted without the consent "or co-operation of the persons accused of misconduct, and fail to give them credit for the courage of con. scious innocence in demanding it.
2nd. They seem to have originally intended to

TuESDAY, AuausT 10, 1909.

1343

conduct the investigation in the absence of the persons accused, inasmuch as they held an autopsy upon the remains of the negro, Turner, and proceeded for two days to hear evidence preferred against the officers in the absence of, and without any notice whatever, to these officers of their purpose to begin the investigation.
True they afterwards came to the Institution, and were as liberal as they could be in hearing the evidence on both sides. Perhaps the advice of the able lawyer and jurist who made one of their number and who does not join in this report induced them to reconsider their purpose.
3rd. While they recommended certain reforms at the Sanitarium, and denounce as "Criminal Neglect'' the conduct of the Trustees in case they fail to inaugurate them, they do not specifically and distinctly state, but only obscurely and with seeming reluctance ad"mit, that the Superintendent and Trustees have, year after year, pleaded with the General Assembly of the State for money to inaugurate these very reforms that they :.;ecommend.
With more than 3,000 persons of all classes and conditions, including some 'of the most intractable specimens of humanity, involuntarily confined in the Institution, and day by day revolting against its restraints, and with none but persons of common human feelings and passions to attend, control and care for them, no sane person can expect anything else than that some abuses should occasionally occur.

1344

JouRNAL o.F THE Houf;E.

In the very nature of things it is impossible that

ideal conditions should be maintained. If attend-

ants could be secured who would without emotion,

resentment, or passion permit the patients to spit

in their faces, pull their hair, tear their clothing off

them, and assault and perhaps kill them, there might

occur no instance of maltreatment of patients. But

such a class of attendants would be worthless if we

had them. Only men of virile feelings and prin-

ciples, tempered with patience and sympathy, and

an ever-present consciousness that the patients are

wholly irresponsible for acts of violence and turbu-

lence, can perform the duties which their positions

require.' Lunatics have to be restrained for their

own good, and for the security of others; yet re-



strained with a gentle hand, and the duties of the

attendants are in sonie respects more obnoxious

than menial service. They are indeed revolting,

and sometimes loathsome, and the marvel is that

self-respecting men can be employed to perform

them at any wage.

The certainty that their livelihood is always assured despite financial panies, short crops, low prices, and all other troubles is perhaps the only inducement they have to engage in such a di~tasteful occupation. Asylums can not be conducted on the speculations of theorists and idealists, and experience in the city hospitals where sane people, few in number by comparison, are treated, furnish no criteria for the treatment of the insane.

TuESDAY, AuausT 10, 1909.

1345

ERRORS IN REPORT.
1st. They report that the deaths of tuberculous patients for the past five years were one in seven of the annual number of patients. This statement is wide of the mark. During the last five years there were treated in the Sanitarium 7,320 patients, of whom 539 died of tuberculosis-a ratio of 1 to 13;/z, and not of 1 to 7.
During the year of 1908 there were 4,095 patients treated, of whom 91 died of tuberculosis; a ratio of 1 to 45. Of the white patients, among whom this disease is less speedily fatal than among the negro patients, the ratio was 1 to 105.
2nd. Tliey report that the records of the Sanitarium show that nearly all of the tuberculous patients were infected after reaching the Sanitarium. The Trustees submit that the records properly interpreted can not show such facts. They are informed by high medical authority that it is impossible to tell in every instance when a person is infected with the disease; that the germs of the disease may lurk in the system for a year or more before they manifest themselves.
3rd. They report that there were 48.3 per cent. of acti\-e tuberculosis from post mortem examinations. This is true o~ the year 1906. Post mortem examinations are held only upon unclaimed bodies of negroes, and in 19q8 the per cent. of active tuberculosis was 37.83, an improvement of 10.47 per cent. But what does this prove T -

1346

- JOURNAL OF THE HOUSE.

4th. They report that the pavilions for the negro patients are "worse than useless for the purposes intended." The Trustees think that their defecis ought to have been pointed out when the Commissioners were on the ground so that they could have been corrected if their suggestions were thought wise and feasible.
These pavilions were built under the supervision of the late Dr. Powell, Superintendent. He ranked with the leaders of the medical profession of the United States in his expert knowledge of menta] diseases, and for unexcel1ed philanthropy in the treatment of the insane. We have on the Board of Trustees the only specialist in Georgia that we know of, save the Medical Staff here, in the treatment of mental and nervous diseases. He thinks that these pavilions are of great benefit, also think the Medical Staff. So far as we know neither of these Commissioners ever had any experience in the treatment of the insane. One is a great surgeon and the other a prosperous man of affairs. Under these circumstances we can not accept the bald ipse dixit of these gentlemen in preference to the judgment of the able men above referred to.
5th. These Commissioners would have dealt more kindly with the officials of the Sanitarium if they had reported what is true; namely, that the Trustees have appeared before the General Assembly annual1y for several years and earnestly pleaded for money sufficient to build four houses for the segre-

TuESDAY, AuGusT 10, 1909..

1347

gation of the tuberculous patients. 'rhey have furnished us no more light on this subject than we have had for years past.

Neither have they given us any light on the sub-

ject of epileptics, idiots, and feeble-minded children.

If they had omitted all statements of their own and

had transferred to their report selections from the

annual report of the Superintendent and the Trus-

tees for some years past it would have lost nothing

of its clearness and force.



What they say of the employment of the patients

and usual occupations accords with our own observa-

tion. They have been thus employed at the Sani-

tarium for several years. Let it be remembered,

however, that they can not be coerced to engage in

these occupations. What they do, they do volun-

tarily. If they refuse to work, and many of them

do, that is the end of it.

. REPAIRS ON BUILDINGS.
The report may convey to some reader the erroneous impression that the buildings are neglected. A corps of carpenters, plumbers and tinners, contracted with by the year, are constantly engaged under the supervision of the engineer, in the work of repail'ing, renovating and renewing. We can not overtake the work, and never expect to overtake it, until we~ are furnished with money sufficient to employ a larger number of mechanics. As evidence of the enormous amount of work required for repairing we will state, in part, the number and character of

1348

JouRNAL OF THE HousE.

buildings here-some of them being very old. On the Sanitarium grounds proper there are 14 large brick buildings, 3 and 4 stories high, with tin and slate roofs, and containing 17 acres of floor space; there are 14 wooden cottages, 3 to 6 rooms, shingle roofs; there are two water plants, pumps, boilers, a steam laundry, workshop, gas plant, ice plant, barns and stables, 2 large dairies and 16 steam boilers from 25 to 156 horsepower. Besides these there are 32 miles of water, sewer and gas pipes, and about or qlllte 2 miles of electric wire. At the Colony or Sanitarium Farm, there are 2 cottages, 3 and 4 rooms, and 5 buildings for patients; 2 large twostory barns, 2 corn cribs, a grist mill, water plant, and gas plant. These are the principal.subjects; it is impossible to enumerate everything, such as house furnishings, etc., that is constantly undergoing deterioration and destruction by patients. It is evident, therefore, that a large force of mechanics is required in this work, and that it is not remarkabte that the need of repairs is always advancing as fast as the work can be done, and can never be overtaken until we are able to employ a large force of mechanics.
ExERCISE YARDS.
When these Trustees came into office they found the buildings and grounds in shape and size just as they are. The walls do, in a measure, obstruct winds. The winds, however, do come in over them, and the yards, having no roofs over them, do furnish em abundance of fresh air. They are not shadeless

TUESDAv, AUGUST 10, HJ09.

1349

as the report states; only one of them is so, and that because it is appurtenant to new buildings, and the trees transplanted in them are not old enough to produce shade. If the walks were paved with marble instead of with cinders, as they recommend, it would not be wise to allow the patients to use them in rainy weather, because they would sit and lie , upon the wet grass and ground, and be liable to contract fatal diseases. The walls are nearly two miles long; are twelve feet high and one foot thick, and are indispensable to the safekeeping and privacy of the patients. A wire enclosure would ensure their safe-keeping, but not privacy; it would answer for a penitentiary where sane people are confined, but not for an asylum for the insane. The Sanitarium is a public institution; it is visited daily, except Sundays, by people from every part of the State, and occasionally from other States, and sometimes from foreign lands; there are public roads through the grounds, and a railway station very near two of these yards; laborers employed here, and convalescing patients are constantly passing to and fro over the grounds. Under these circumstances it would be impossible without walls to preserve the privacy of the.patients who use the recreation yards. Many of them, perhaps all qf them at intervals, are totally deprived of reason; they can not appreciate the virtues of modesty and decency, and are sometimes reckless in exposing their persons-even to nudity. Any one can imagine what would occur if

1350

JouRNAL oF THE HousE.

such patients were confined in wire enclosures., The retention of the walls can not therefore be considered from any rational point of view as a "penitentiary method of restraint.''
ATTENDANTS.
They may be considered in relation to their duties as nurses for the male patients. The Medical Staff think that their deficiencies and delinquencies were very much overstated in this report. That ''on the witness stand they were untruthful" does not seem credible to those who know them well. They may have been reluctant, embarrassed, nervous and perplexed by numerous questions, but that they were all guilty of intentional false-swearing would be a remarkable phenomenon. They are as fine a class of men as can be secured at the wage which the annual appropriations to the Sanitarium authorize us to pay. Their wage is $2.00 per month. We realize that this wage is inadequate for the services required of them, for during their hours of service. they are confined just as the patients are, and the service required of them is onerous, repulsive and dangerous. They are also, under the rules of the Institution, subject to be discharged if they speak harshly to, or commit unnecessary violence upon, a patient. This is a hard rule to observe when it is remembered that all maniacal and refractory patients have to be put under restraint, which they resist with all their might, rising in the ecstacy of their paroxysms to superhuman strens-th, and that the attendant is often

TuESDAY, AuGusT 10, 1909.

1351

the victim of violent ass~ults on the part of the patients.
MISTREATMENT OF pATIENTS.
The records of the Sanitarium show that within the last 'two years six attendants have been discharged for the above offense. This fact is a sufficient refutation of the false assertion (not in the report) that the officials of the Sanitarium tolerate and condone offenses of this character. In one of these instances it was shown that the attendant and patient (Lingold) were engaged in sport, and that the hurt was accidental and unintentional. The evidence 'before the Commission shows without the shadow of a doubt that the grave charge made 'by Dr. Arrowood was not only false, but that there was nothing even of a plausible character upon which it could be founded. It was a wholly gratuitous slander. It was shown by incontrovertable proof, and by witnesses of the highest character before the Commission (though the report merely hints at it)~ that Dunnington who made a series of false charges against the Institution was a lunatic, a degenerate, and a most turbulent and troublesome patient while in the Sanitarium, and that he not only promulgated atrocious falsehoods against the Institution himself, but that he induced and persuaded a female witness to do the same. Whether Lawson's statement is true or not it is impossible to say. No one seems to have witnessed the hurt he received, and by indisputable evidence it was shown that at times he manifested an extraordinary case of dementia, and that

,

1352

JouRNAL OF THE HousE.

he was accustomed to ab:use and hurt himself. To say the least of it, his statement is exceedingly doubtful. In the case of Pool it was shown (though the report is silent on the subject) that the attendant did not break his nose, but on the contrary Pool broke the attendant's nose-the scar on the nose being exhibited. From the evidence in this case the Commissioners come to the conclusion that Hawkins, the alleged offender, is unfit to serve as an attendant. On the other hand he is one of the oldest attendants in the Institution, and .is thought by 'the Superintendent and others to be one of the most efficient and trustworthy.
The charges of Arrowood and Dunnington are the sole causes of the appointment of the Commission, and of the prosecution of this investigation. The charges of Arrowood are shown to be false in toto, and the charges of Dunnington were shown to be false in every essential particular. All the charges made by them were made for the malignant purpose of bringing officers of the Sanitarium into disrepute, and to produce the impression that they were brutal in character and habits, and altogether indifferent to the welfare of the patients under their care, and yet it is upon the hare statements of such irrespon sihle creatures as these that certain newspaper edi tors in this State, in their pruriency for something sensational, careless of whether it be false or true, and heedless of' the unhappiness and anxiety which the publication of such stuff may create in the minds of those who have relatives in this Institution, and

TuESDAY, AuausT 10, 1909.

1353

who have no means of knowing whether such stuff be true, publish and circulate throughout the State the most reckless, libelous and damaging articles against the State's most noble charity.

That a few instances of misconduct occur is un-

avoidable; that many more do not occur is marvel-

ous. The.re is not a .scintilla of proof offered to

show that the Superintendent or any one of his

Medical Staff was negligent or derelict in the dis-

charge of his duty.

.

The censure of the Commission falls upon the

Trustees only, and 'this is true, we presume, because

the Commissioners have no experience in the 'mt.n-

agement of such an institution.

We now come to the concluding paragraph of the report.

The report suggests that the books at the Sanitarium be ann"Qally audited by an auditing company. There is no objection to that. But lest someone may infer that there is something wrong with the books we will state that they are carefully audited, item by item, every thirty days by five gentlemen of the Board of Trustees who constitute the Executive and Finance Committees of the Board. The claims against the Institution are audited and approved .before they are paid, and after they are paid they ~re again audited. All purchases, except of produce .brought in from the country around, are made,from samples furnished by competitive bidders. rrhe

1354

JOURNAL OF THE HousE.

lowest bids, considering the quality of samples, are invariably accepted. The samples accompanying the accepted bids are preserved, and if the goods afterwards furnished do not correspond in quality with the samples they are rejected. The monies of the Sanitarium are kept by its treasurer in one of the Milledgeville banks. He makes a report to the
Finance Committee every 30 days of the status of
the funds, supported by the oath of either the president or cashier of the bank, showing the balance in the bank to the credit of the Institution. "The treasurer and stewart furnish bonds of a solvent surety company for a sum in excess of any that they ever hAve in hand at one time. The steward has held this office for twenty years; all payments, except for country produce mentioned, are made by him in checks upon the treasurer, and during these many years he has handled his books with such absolute accuracy that no error exceeding 25 cents, and that against himself, has ever been found.
As before stated, the Commission having found nothing but what was to be reasonably expected in the management of the Institution on the part of its officers and sub'ordinates, turn their attention to the trustees. They virtually assert that a balance of $9,917.55 which was left over from the year 1906 should have been used for the erection of houses for tuberculous patients. The Commissioners must have viewed their surroundings through the big end of a funnel. Their perspective was not broad

TuEsDAY, AuGUST 10, 1909.

.1355

enough for them to perceive that there were 3,000

other patients whose welfare had to be diligently

cared for. They did not perceive that in the next

year (1907) the welfare of the patients and the cure

of the buildings not only imperatively required the

expenditure of the balance mentioned and the appro-

priation of $

for that year by the Stat, but

also required an addi_tional sum of $2,676.23, leav-

ing the Institution in debt for that sum at the end

of the year. They do not know that the balance of

$9,917.55 was appropriated for the "support and

maintenance'' of the Institution, and that the Trus-

tees had no right to divert it to the erection of new

buildings, unless it became necessary to put up a

new building in place of one destroyed or worn out.

If this money had been used in any ot~er way than

for the general purposes of the Institution, the Trus-

tees could have been justly charged with derelic-

tion in office. They also virtually assert that the

money used in building silos and a new dairy to take

the place of an old and unsanitary one, ought to have

been used in building houses for the care of the

tuberculous patients. The dairy cost about $2,500

and the silos less than $1,200, and they are built on

the ground more indispensable to the welfare of all

the patients than a dairy; milk is a necessary articl

of diet for the sick, and it can not be procured in

sufficient quantity unless it is produced at the Sani-

tarium. To produce milk we must have dairies,

and must keep and feed cows, and the raising of en-

silage and its storage in silos for winter feed is, in

1356.

.JouRNAL oF THE HousE.

the opinion of expert dairymen, the best and most economical food that can be used. We have thu~ made provision for keeping 150 milk cows. If the Trustees could have lawfully used tlie money that went into the dairy and silos for the erection of houses for the segregation of tuberculous patients, 1t is their opinion that the sum was not more than enough for the erection of one house. Four houses are required, two for the whites, male and female, and two for the negro patients.
They should be of an enduring quality, should correspond in some measure to the quality and design in the other buildings; should protect the patients from winter cold and summer heat, and be so arranged as to be comfortable and contributory to their health at all times and seasons.
Besides many prosperous business and profes~ sional men who were on the Board of Trustees during the time of their alleged neglect of the tuberculous patients there were the following physicians whose learning in such matters ought to have been relied on by the laymen: Eugene Foster, of Augusta, long the chief health officer of the city, and for 15 years a member of and president of the Board of Trustees of the Sanitarium; W. S. Elkin, of Atlanta; .W. W. Pilcher, of Warrenton; Jas. B. Baird, of Atlanta; C. J. Montgomery, of Augusta; J. Frank Harris, of Pavo; W. F. Brunner, Chief Health Offi- . cer in Savannah; E. Bates Block, of Atlanta; Thos. R. Wright of Augusta, and Thos. M. Hall, of Mil-

TuESDAY, AuGusT 10, 1909.

1357

ledgeville. Meanwhile the Trustees were aided and instructed in their work by Dr. T. 0. Powell, Superintendent of the Institution for 28 years, every pulse of whose great heart beat in sympathy toward all the unfortunate people consigned to his care, and by an able corps of assistant physicians.
The Trustees are also supported by the very able and distinguished jurist who served on the Commission, viz.: Judg~ "'\V. F. Jenkins, whose clear acumen and sound judgment lead him to differ with his colleagues on this subject. At least, if it may be spoken without egotism, the Trustees are sustained by their own convictions of duty in the premises; while they give such value to the opinions of the Commissioners as they esteem them to be worth, they dare no~ abdicate their.own judgment in respect to what is required of them in the management of this great trust.
The Institution is spoken of as ''Sleepy Hollow,'' and its officers characterized as "drifting into a rut and need digging out." What truth is there in that statemenU We will furnish some facts, and allow each reader to form his own opinion of them. Dr. T. 0. Powell, who until two years ago had been the incomparable head of this Institution for 28 years, was at different times during his incumbency the President of the Medico-Psychological Association of the United States and Canada, which is an Association composed of all the executive heads of all the hospitals, asylums and sanitariums for the in-

1358

JouRNAL OF THE HousE.

sane, both public and private, in the United States and Canada; the President of the Southern Association of Southern Hospitals; the President of the Medical Association of Georgia, and a member of the American Medical Association. He well understood the design of these institutions, and was among the first to avail himself of every forward step gaineJ. in his profession, and among the first to put in operation every reform in hospital service; indeed, he was the first, as we are informed, to discard all "penitentiary methods of restraint," and all irritating mechanical devices used in subduing and restraining refractory patients. He also had visited and inspected many of the asylums for the insane in different States, North and South, and was well acquainted with their management. The Medical Staff of the Institution is an able one; some of them would not suffer by comparison with these Commissioners either in character, natural endowments, professional attainments, experience or skill in the treatment of disease. They read medical books and journals as they are published; attend the sessions of the Medical Association when they can be spared, and are alert in their efforts to discover every advance in the medical profession.
The Superintendent is sent to the Annual Sessions of the Medico-Psychological Association of the United States and Canada to see what the other States are doing in the line of his work, and is instructed to visit all institutions for the insane within

TuESDAY, AuGUST 10, 1909.

1359

his reach. The pendency of this investigation prohibited his attendance on the last session. An intelligent member of the Medical Staff who has given much attention to the treatment of tuberculosis, was sent as a delegate to the International Congress for Tuberculosis, which convened in Washington, D. C., last October, in order that he might learn the most advanced and scientific methods of treating this disease that is now used by the illustrious scientists of every country. The Medical Staff are stimulated to the highest achievements in their present situations by the noblest ambition that can inspire a professional man, namely,-the desire to win honorable success here; to rise to fame as the head of his profession, and to become the head of this Institution or one of like character. Of those who have recently gone out from this Institution one is the Executive head of the State Epileptic Colony at Parsons, Kansas, and the other assistant to the Superintendent of Rockefeller Institute, New York City. New York and Kansas would scarcely go to "Sleepy Hollow" in search of men to preside over their great institutions. Doubtless the Commissioners were profoundly ignorant of all these facts, and will be astounded to learn that they are true.
The thrust at the Superintendent is wholly undeserved. He is a Christian gentleman of stainless character, and a physician of pronounced skill and attainments in his profession. As assistant physician he served the Institution for 24 years without '

1360

JouRNAL OF THE HousE.

aught of criticism either of his conduct or proficiency, and has served it nearly two years as Superintendent, giving entire satisfaction to the Trustees. He is a "safe and sane" executive officer and business man, and conservative and cautious in the administration of its affairs. A man of these charactertistics is needed at the helm; an erratic, rash and -reckless innovator would inevitably bring the Institution into disrepute. Considering the lack of experience in such work on the part of the Commissioners we would suppose that they would have exhibited a litttle more modesty in dealing out their criticisms upon our honored and experienced officers.
We are gratified to know that the Commission discovered that the "basic wrong at the asylum is due to the small appropriations they receive from the State.'' While the admission seems inconsistent with other parts of the report wherein the Trustees are reproved for not doing things that were impossible to be done for the lack of money, yet we accept it as the sanest conclusion that they were able to reach. The Institution has been handicapped by lack of money through all the years that it has lived.
The Trustees have endeavored from year to year to impress upon the Legislature the fact that the Institution could not be creditably conducted upon the meagre appropriation received. They hav.e never asked for the whole. that was needed, and have never been granted what they asked. They have keenly felt the humiliation of being compelled to

TuEsDAY, AuausT 10, 1909.

1361

conduct the Institution at a daily expenditure of 30 to 35 cents per capita. If the Commission will induce the Legislature to appropriate a per diem of 50 cents per capita, as they wisely recommend that the Institution should have for its successful operation, the Trustees will guarantee the completion of all improvements that they recommend, and which the Trustees have so earnestly desired to inaugurate, and also to achieve many other necessary improvements which they do not refer to.

,Senate Bills for a third reading were resumed:

By Mr. Perry, of 33d district-
A bill to amend an Act to amend 'an- Act to provide for the collection of past due taxes due the State, Counties and Municipalities.
The favorable repor.t of the Committee was agreed to.
On the passage of the bill the ayes were 80, nays 67.
The bill having failed to receive the requisite Constitutional majority, was lost.
Mr. Butt, of Fannin, gave notice that at the proper time he would move to reconsider the action of the .Housain failing to pass the above bill.

1362

JOURNAL OF THE HousE.

The undersigned members of the House submitted the following protest against the action of the House in adopting the resolution in regard to the removal of Hon. S. G. McLendon from the Railroad Com~
miSSIOn:

STATE CAPITOL, August 10, 1909.
Mr. Speaker:
We, the undersigned members of the House of Representatives of the General Assembly of Georgia, do most respectfully but firmly and solemnly make this our protest against the action taken by this House on Thursday, August 5th, 1909, in adopting the Resolution offered by Hon. R.N. Hardeman, of Jefferson; which Resolution was as follows, to-wit:
u Resolved, by the House of Representatives, that S. G. McLendon be and he is hereby removed from the office of Railroad Commissioner of Georgia.''
We respectfully but. earnestly insist and submit that in adopting the said Resolution this House overstepped and violated the limits of its Constitutional and legal powers and that its action in the premises was and is ultra vires, illegal and void for the following reasons, to-wit:
First. Code Section 2185 of the Code of Georgia of 1895 is only a Legislative enactment, and it is the only Legislative enactment in existence in Georgia

TuESDAY, AuGUST 10, 1909.

1363

which attempts or purports to authurize the su8pension from office, and the termination of the term of office, of a Railroad Commissioner.
Second. On the assumption that the said Code Section is valid and unrepealed, it attempts or purports to provide an additional method, besides impeachment, by which a Railroad Commissioner may be suspended from office by the Governor, and may be removed from office by the General Assembly. The Code Section provides : ''Any Commissioner may be suspended from office by order of the Governor, who shall report the fact of such suspension, and the reason therefor to the next General Assembly, and if a majority of each branch of the General Assembly declare that said Commissioner shall be removed from office, his term of office shall expire. ''
, Third. Under said Code Section, if valid and unrepealed, the suspension by the Governor and his report of such fact and of the reason therefor to the General Assembly, constitutes the prerequisite condition on which alone the General Assembly can attempt to assume and exercise any jurisdiction in the premises. The General Assembly. can only act upon a resolution brought for that purpose, and such resolution must be based upon and must be responsive to the ground upon which alone its jurisdiction arises or attaches. Without the message or report of the Governor, the General Assembly could not proceed to remove a Railroad Commissioner from office except by way of impeachment. What it could

. 1364

JouRNAL oF THE Hou.;;::;.

,

not do without an executive report or message, it could not do outside the terms and limits of such report or message. In acting under this Code Section without impeachment, the House was restricted to the executive message and the reasons for removal stated therein. The Resolution, the adoption of which we object to, was not based upon the message of the Governor of June 25th, 1909, to the General Assembly, nor upon any of the reasons given by the Governor. It was not responsive to said ~ess.age, but ignored the message and the reasons given and was so framed as to permit the House in adopting it to consider and vote upon matters entirely independent of and outside the scope and purview of the message and of the reasons for suspension contained therein.

Fourth. The Resolution adopted was an attempt by the House to act outside of the scope of the message and to proceed independently of any action by the Governor, to effect the removal of said Commissioner from office, without an impeachment trial, without abolishing the office, and without terminating his term of office as the Code Section provides. Such action and such Resolution was in effect a Bill of Attainder, and is unconstitutional, illeg.al and void.

Fifth. Under said Code Section 2185, if the same
be valid and unrepealed, the right of suspension given to the G~vernor oould be exercised only during vacations of the General Assembly, and any action

TuESDAY, AuGusT 10, 1909.

1365

of the House by resolutio-n for removal based upon a suspension made by the Governor while the General Assembly was actually in session was without authority of law.
Sixth. Under said Code Section the right of suspension could be exercised only for good cause shown for removal. The reasons given by the Governor were not good grounds for removal, and were not the grounds on which a majority of this House acted in adopting said Resolution. This House considered and adopted said Resolution because of certain brokerage t,ransactions in the bonds of a street railroad company, in which the said Commissioner made a commission or brokerage profit by effecting the sale for the street railroad company of these bonds. The Act of 1878 of which Code Section 2185 is a part, declares in express terms that street railroads were exempted and excluded from all the provisions of the Act.
Seventh. These bond transactions were entirely' dehors the Govertwr 's message, and were not mentioned or assigned by him as a reason for suspension and removal. This House 'could consider them only on a proceeding for impeachment, and was without power to remove said Commissioner by simple Resolution and without an actual legal hearing or trial. 'l'his House, by a large majority, refused to impeach . Mr. McL.endon because of said bond transactions, and declared that said transactions were not impeachable. We protest that the action of the House

1366

JOURNAL OF THE HousE.

in their proceeding to consider the same in connection with the reasons for suspension given by the Governor was illegal and void.
Eighth. "\Ve further protest against the action of the House in adopting said Resolution because we say that Code Section 2185 was repealed by the Act . approved August 21st, 1906, providing for the election of Railroad CommissiQners by the people, and especially by the Act approved August 23d, 1907, known as the New Railroad Commission Act; and we say that there was and is no law in force in Georgia which authorized the Governor to suspend said Commissioner or which authorized this House to take any action under said Resolution, or under which the term of office of a Railroad Commissioner elected by the people can be impaired, defeated or terminated .except by impeachment or legislative enactment abolishing the office itself.
Ninth. Code Section 2185 was part of an Act under which the Railroad Commissioners of Georgia were appointed by the Governor for fixed terms of office. The right of suspension purporting to be given by that Section not only provides for the removal of the Commissioner by the General Assembly following upon and based upon suspension by the Governor, but also expressly provides that upon such removal being made the term of office of the Commissioner shall expire and not that the office itself shall merely be vacated. This is in absolute and fatal conflict with the provisions of the Act of 1907,



TuESDAY, AuGUST 10, 1909.

1367

and with the scheme and purpose of that Act. As compared with the old Act of 1879, the Act of 1907 changes the character of the offi9e from an appointive to an elective one, it abolishes the qualifications for the office provided for in the old Act and substitutes new and different ones. It changes the nature and character of the jurisdiction of the Commission and of the classes of persons and corporations subject to its control, and in many other respects it contains provisions at variance and in conflict with the old law so that it is impossible to escape the conclusion that its object and intent was to supersede and repeal this Code Section 2185.
Tenth. We further protest against the action of the House in adopting said Resolution of removal because we say that the provisions of Code Section 2185 relating to suspension and removal were unconstitutional, null and void on the following grounds, to-wit:
. (a) The Section attempts to set up a disqualifi.cation to hold office not contained in the Article of the Constitution which prescribes the qualifications requisite for holding office, and it attempts to prevent a citizen from holding this office who possesses all the qualifications named in said Section of the Constitution.
(b) The Section attempts to give to the Executive and to .the General Assembly the right to suspend and to remove from office, and to terminate the



1368

JOURNAL OF THE HoUSE.

term of office at any time of a public officer of the State, elected by the people for a term of six years, and does not attempt to provide any method of machinery by which he shall be given any notice or any hearing or form of regular trial. In this, it manifestly attempts to deprive him of his office without affording him any semblance of due process of law.
Eleventh. The Constitution of this State, Article four (4), Section two, Paragraph one, vests exclusively in the General Assembly, through itself or its Acts, the power of regulating railroad freight and passenger rates, and limits even the powers of the GeneralAssembly in that respect to seeing to it that such rates are (1) just and reasonable, and (2) that they are non-discriminatory. Our courts have uniformly held that the Railroad Commissioners of Georgia are agents and representatives of the Legislative and not of the Executive Department of the State Government. Our Constitution provides that the functions of each of the three departments of Government-executive, legislative, and judicial1 shall forever remain separate and distinct, and that neither shall infringe upon the functions of the other. The findings and decisions of the Railroad Commission in a matter brought before them for hearing and decision are as much binding upon the Executive as upon any other citizen of Georgia. In this instance, the message of the Governor to the General Assembly of June 25th, 1909, giving his
.
reasons for the suspension of Mr.'McLendon .~learly

TuESDAY, AuausT 10, 1909.

1369

shows that the Executive was usurping and arrogating to himself the right to act as having the power to review and reverse the decisions of the Commission and to remove a Commissioner for deciding a ease contrary to the personal or political views held by the Executive.

Twelfth. Arbitrary interference by the Executive with an official elected by the people to serve upon a Commission or tribunal, exercising discretionary and quasi legislative and judicial powers is repugnant both to the letter and the spirit of the Constitution as well of this State as of the United States. It is wholly subversive of all the principles of a free and republican form of Government. It is a menace to the liberties of the people and if tolerated and allowed, it must necessarily destroy the independence and efficiency of every official exercising any discretionary or. quasi judicial duties and functions.

FoR THESE REASONs, Mr. Speaker, as well as others

which space does not permit us to enumerate, we

submit this our solemn protest against the action of

the House in adopting the Resolution above referred

to, and say that the House had no right or power to

concur in ori approve such usurpation of power by

the Governor nor to establish a precedent whereby

the various dep~rtments and officials of the State



1370

JouRNAL oF THE HousE.

Government may be coerced by the Executive into submission to his personal or political views.
Respectfully submitted,
J. RANDOLPH ANDERSON, of Chatham. J os. H. HALL, of Bibb. JosEPH S. DAVIs, of Dougherty. HENRY J. FuLLBRIGHT, of Burke. W. R. JoNEs, of Meriwether. JoHN F. REDDING, of Pike. D. D. STRONG, of Early. E. S. AuLT, of Polk. MILLARD REEsE, of Glynn. G. B. HoLDER, of Floyd.
R. 0. BARKSDALE, of Wilkes.
H. F. GRIFFIN, of Twiggs. RoLAND ELLis, of Bibb. W. F. BROWN, of Carroll. J. P. HEARD, of Dooly. W. E. BEACHAM, of Dooly. FERJ.VIOR BARRETT, of Stephens. R. H. BAKER, of Lumpkin. D. C. MooRE, of Columbia.

TuESDAY, AuGUST 10, 1909.

1371

J. J. McMAHAN, of Clarke.
J. P. ARMISTEAD, of Oglethorpe.
HENRY A. ALEXANDER, of Fulton. GEORGE BRowN, of Fulton. W. L. CoNvERsE, of Lowndes. R. H. LEwis, of Hancock. A. L. MILLER, of Calhoun. R. SIMMONs, of Bulloch. C. S. REm, of Campbell.
J. E. BuRcH, of Laurens.
S. L. DBAWDY, of Clinch.
E. WoHLWENDER, of Muscogee. P. T. McCuTCHEN, of Heard.
A. A. LAWRENCE, of Chatham. R. N. HoLTZCLAw, of Houston. J. H. RoBERTs, of Dodge. J. W. P. WHITELEY, of Glascock.
R. E. SMITH, of Gilmer.
Jos. D. BoYD, of Spalding._ Jos. McCARTHY, of Chatham. J. YouNG WILLIAMS, of Madison. BEN,"f. F. HILL, of Monroe.

1372

J ouRNAI, OF THE HousE.

Mr. Reid, of Campbell, gave notice that at the proper time he would move to reconsider the action of the House in defeating the Senate Bill No. 86 to provide for collection of past due taxes.
Senate Bill No. 46 was taken from the table on motion of Mr. Faircloth, and on motion of Mr. Turnipseed the same was again tabled.
On motion of Mr. Turnipseed the Governor's message was read.
The Speaker announced the House adjourned until 9 o'clock tomorrow morning.

WEDNESDAY, AUGUST 11, 1909.

1373

ATLANTA, GEORGIA,

WEDNESDAY, AuGUST 11th, 1909.

The House met pursuant to adjournment at 9 :00 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

Brown of Murray

Alexander of DeKalb Bureh

Alexander of Fulton Butt

Anderson of Bulloeh Buxton

Anderson of Chatham Calbeek

Allen

Cannon

Alley

Carswell

Armistead

Carter

Atherton

Chandler

Atkinson

Childs

Ault

Converse

Barksdale

Cooke

Bagley

Cordell

Baill'y

Coueh

Baker

Cowan

Barrett

Culberson

Beaeham

'Cureton

Beasley

Daniel

Bell

Davis

Berry

Diekson

Booker

Drawdy'

Boyd

Edmondson

Brinson of Deeatur Edwards

Brinson of Emanuel Elder

Frown of Carroll

Ellis

Brown of Fulton

Ellison

B~own of Henry

English

Evans Faireloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddiek Griffin of Sumter Griffin of TWiggs Guyton Hall Hardeman of Jeffs 'n Hardman of J aekson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendrieks Hill

1374

JouRNAL OF THE HousE.

Holder of Floyd Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens J"ones of Meriwether Jones of Mitchell Keith Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lawrence Lewis Littleton Lord Lovejoy Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore

Moss MacFarland Macintyre McArthur McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce Pope Porter Price Proctor Reaves Redding Reese Reid of C<tmpbell Reid of Macon Reid of Putnam Rentz Roberts Rogers Rosser

Sheppard Shirley Simmons Simpson E>lade Smith of Gilmer Smith of Tatnall Smith of Walton Stovall Strong Stubbs Tarver Tippins Tracey
Tuggl~>
Turner Turnipseed Upshaw Vinson Waddell 'iValters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wood '.V ohlwender Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

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

By unanimous consent, individual speeches on matters coming before the House today werelimited to ten minutes.

WEDNESDAY, AuousT 11, 1909.

1375

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

By Mr. Persons, of Monroe-
A resolution instructing the Committee on Game and Fish to report on Senate Bill No. 7.
Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bill of the Senate and instruct me to report the same back with the recommendation that it do pass:
Senate Bill No. 15. To make it penal to wilfully and falsely utter or circulate defamatory words or statements concerning a virtuous female.
Respectfully submitted,
FuLLBRIGHT, Chairman.

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

1376

JouRNAL OF THE HousE.

Mr. Speaker:

The ~enate has adopted the following resolutions

of the Senate, to-wit:



A resolution to dispose of the. fund left over from the Spanish-American War.

A resolution asking for publication of Georgia laws within sixty days after adjournment of the General Assembly.

Mr. Faircloth, of Johnson, moved that the House reconsider its' action in not passing Senate Bill No. 86, which motion prevailed.

Mr. Fields, of Crisp, moved that the House reconsider its action in passing Senate Bill No.2, which motion was lost.
Mr. Wohlwender moved that the House reconsider its action in defeating Senate Bill No. 119, which motion prevailed.
Mr. Ellis, of Bibb, asked unanimous consent that except upon the General Tax Act and Appropriatipn Bill, individual speeches be limited to five minutes, which was granted.

Mr. Butt, of Fannin, moved that the House reconsider its action in defeating Senate Bill No. 87, which motion prevailed.

WEDNESDAY, AuausT 11, 1909.

1377

On motion of Mr. Boyd, Senate Bill 161 was tabled.
Mr. Pope, Vice-Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:
Your Committee on Game and Fish having unde.r consideration Senate Bill No. 7, entitled "An Act for the protection of game animals and game birds,'' make the following report:
That House Bill No. 50, as amended, with same title, heretofore favorably reported some 15 days ago, be reported as a substitute for said :Senate Bill No. 7, with the recommendation that same do pass by substitute, as amended.
M. E. PoPE, Vice-Chairman.

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

Mr. Speaker:

rrhe Senate h'as passed, as amended, by the requisite Constitutional majority, the following bill of the House, to-wit:
A bill to amend the Charter of the City of Atlanta.
'

1378

JOURNAL oF THE HousE.

The Senate has passed by substitute, as amended, the following bill of the House, to-wit:
A bill to authorize the Commissioner of Pensions to pay the amount due the husband which is placed on the pension rolls to be paid a pension for the following year, and dies before 1st day of January following, to his widow.
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, as amended, to-wit:
A bill to annually levy and collect a tax for the support of the State Government and the public institutions, for educational purposes, etc., and for other purposes.
The Senate has also passed, by the requisite Constitutional majority, the following bill of the House, to-wit:
A bill to authorize electric, street, suburban and interurban railroad companies to acquire, by purchase or otherwise, stocks, property rights and franchises of other such companies and of companies

WEDNESDAY, AuGusT 11, 1909.

1379

formed to generate electricity, and for other purposes.
The following message was received from the
Senate thrQugh Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed, by the requisite Constitutional majority, the following bill of the House, towit:
A bill to provide for the codification of the laws of Georgia, and to provide for the payment of expenses for same.
The Committee on part of the Senate to provide for codification of the laws of Georgia, are: Hon. H. A. Mathews, of 23rd, and Hon. W. H. Burwell, of 20th.
The Senate luis passed, by the requisite Constitutional majority, the following resolutions of the House, to-wit:
A resolution to pay the Sergeant-at-Arms of the McLendon Investigation Committee the su~ of $82.52.
A .resolution to pay the stenographers of the Me. L~ndon Investi~ation Co:mmittee the sum of $612.50,

1380

JOURNAL OF THE HOUSE.

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

Mr. Speaker:
The Senate has passed, by the requisite Constit~ tional majority, the following bill of the House, towit:
A bill to create a Charter for the City of Zebulon, in the County of Pike.
Mr. Hall, of Bibb, moved that the House reconsider its action in defeating Senate Bill No. 94.
By unanimous consent, the following bills were introduced and read the :first time, to-wit:

By Messrs. Johnson and Price, of Bartow-
A bill to require the Prison Commission to give notice by publication of all applications for pardons in felony cases.
Referred to Committee on General Judiciary.

By J'vir. Ford, of Worth-
A bill to amend an Act to create the City Court of Sylyester.
Referred to Committee on Special Judiciary.

\:VEDNESDAY, AUGUST 11, 1909.

1381

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

By Mr. Henderson, of Irwin-
A resolution to appoint a joint Committee of seven from the House and four from the Senate to investigate charges made against the State Sanitarium.
I
By Mr. McCrory, of Schley-
' A resolution providing for a joint Committee of two from the Senate and three from the House to investigate certain charges against the State Sanitarium.
The following S<ilnate bills were read the third time and put upon their passage, to-wit:

By Mr. Cates, of 17th district-
A bill to amend the Charter of the City of Waynesboro so as to create the office of Recorder.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 112, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1382

JOURNAL OF THE HoUSE.

By Mr. Irwin, of 11th district (by .request)-
A bill t{l amend the Charter of the town of Shellman.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 112, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. McLane, of 2nd district-
A bill to amend an Act to incorporate the town of Collins, in the County of Tatnall.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 112, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Mr. McLane, of 2nd district-
A bill to transfer the County of Tattnall from thu ~iddle to the Atlantic Judicial Circuit

WEDNESDAY, AuausT 11, 1909. . 1383
The following amendment was adopted:
By Mr. MacFarland-
To amend by striking figures '' 1911 '' and inserting the figures "1910."
The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were 114, nays 0.
'
The bill having received the requisite Constitutional majority, was passed, as amended.
By Mr. Sellers, of 3rd district-
A bill to amend an Act to establish the City Court of Baxley.
The favorable report of the Committee was agreed to.
On the passage of. the bill the ayes were 111, nays 0.
The bill ha~ing received the requisite 'Constitutional majority, was passed.
By Mr. King, of 14th district-
A bill to amend an Act to establish the City Court of Abbeville.

1384

JOURNAL OF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 114, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Calhoun, of 15th district-
A bill to create a new Charter for the town of Lumber City.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 111, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senate Resolution No. 20 was tabled on motion of Mr. Alexander, of DeKalb.
The following resolution was read and adopted, to-wit:

WEDNESDAY, AUGUST 11, 1909.

1385

By Messrs. Brown, Alexander and McElreath, of Fulton-
A resolution providing for the renovation of the Hall of the House of Representatives.
I
Reading Senate bills a third time was resumed.

By Mr. McCurry, of 31st district-
A bill to confer power upon Counties and Municipalities the right to grant franchises, etc.
The favorable report of the Committee was disagreed to, and the bill lost.
By unanimous consent, Senate Bill No.. 119 was tabled.

By Mr. Rutherford, of 22nd district-
A bill to preserve to benevolent, fraternal, social, charitable, and humane organizations the right to the exclusive use of their .names.
The favorable report of the Committee was agreed -to.
On the passage of the bill the ayes were 118, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1386

JOURNAL OF THE HousE.

By Mr. Slater, of 1st district-
A bill to amend Section 936, Volume 1, of the Code of 1895.
The favorable r,eport of the Committee was agreed to.
On the passage of the bill the ayes were 114, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Callaway, of lOth district, a:Bd Callaway, of 29th district-
A bill for the protection of game birds and game animals, and for other purposes.
The above bill was tabled on motion of Mr. Barrett, of Stephens.
Upon, request of Mr. Alexander, of DeKalb, Senate Resolution No. 20 was taken from the table and placed on the Calendar.
The following resolution was adopted, to-wit:

By Mr. Armistead, of OglethorpeA resolution authorizing the Clerk of the House to

WEDNESDAY, AUGUST 11, 1909.

1387

turn over pensions pending before the House to the Pension Commissioner.
Senate Bills for a third reading were resumed.

By Mr. McCurry, of 31st district-
A bill to make penal the wilful or falsely uttering of slanderous remarks derogatory to the fair fame of any virtuous unmarried female.
The following amendment was adopted~

By Mr. Anderson, of Chatham-
To amend by striking out the word ''unmarried'' wherever it occurs.
The favorable report of the Committee wa~ agreed to, as amended.
On the passage of the bill the ayes. were 104, nays 0.
The bill having received the requisite Constitutional majorl'ty, was passed, as amended.

By Mr. Slaton, of 35th district-
A resolution providing for the exchange of abo~t six acres of land in Cobb County, owned by the State, for other lands, and for other purposes.

1388

JouRNAL oF THE HousE.

Mr. Alexander, of DeKalb, proposed an amendment authori-zing the Governor to fully investigate titles, amount of land in tract proposed to exchange, etc., which amendment was adopted.
The favorable report of the Committee was agreed to, as amended.
On the passage of the bill the ayes were 82, nays 33.
The bill having failed to receive the requisit~ Constitutional majority, was lost.
Senate Bill No. 66 was tabled by unanimous consent.

By Mr. McCurry, of 31st district-

A resolution providing that officers and enlisted men of the National Guard of this State are permitted to count service in the National Guard m other 'states towards retirement in this State.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 103, nays 8.
The bill having received the requisite Constitutional majority, was passed.

WEDNESDAY, AuausT 11, 1909.

1380

The following Senate resolution was read and tabled, to-wit:

By Mr. McCurry, of 31st district-
A resolution to dispose of th~ 'fund left over from the Spanish-American War.
Upon request of the author, the General Tax Act was taken up for the purpose of concurring in the Senate amendments, to-wit:

By Mr. Reid, of Campbell-

A bill to levy and collect a tax for the support of the State Government and State institutions.

Pending discussion of the amendment of the amendment on soft drinks, the hour of adjournment arrived.

Mr. Reid moved that wh(m the House adjourned, it

adjourn to meet again at 2 :30 this afternoon, which

motion prevailed.



The Speaker then announced the House adjourned until 2 :30 o'clock this afternoon.

3 :00 0 'CLOCK P. M.
The House reconvened at this hour, and was called to order by the Speaker.

1390

J OlJRN-<\L OF THE HousE.

The roll was called, and the following memb<rH answered to their names:

Adams Alexander of DeKalh Alexander of Fulton Allen Alley Anderson of Bulloch Anderson of Chatham Armistead Atherton Atkinson Ault Barksdale Bagley Bailey Baker Barrett Beacham Beasley Bell Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Carroll Brown of Fulton Brown of Henry Brown of Murray Burch Butt Buxton Cal beck Ca!inon Carswell Carter Chandler Childs Converse Cooke Cordell

Couch Cowan Culberson Cureton Daniel Davis Dickson Drawdy Edmondson Edwards Elder Ellis Ellison English Evans Faircloth F,ender Field of DeKalb Fields of Crisp Pord Fullbright Garlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J eft's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks

Hill Holder of Floyd Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Johnson ofJeffDavis Johnson of Towns .Joiner Jones of Laurens Jones of Meriwether Jones of Mitchell Keith Kelley Kendrick Kennedy Kicklighter Kidd Kirby Lawrence Lewis Littleton Lord Lovejoy Marshall Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McArthur

WEDNESDAY, AuausT 11, 1909.

1391

McCarthy

Redding

McConnell

Reese

McCrory

Reid of Campbell

McCurry

Reid of Macon

McCutchen

Reid of Putnam

McElreath

Rentz

McMahan

Roberts

McMichael of Butts Rogers

McMichael of Marion Rosser

McWhorter

Sheppard

Oliver

Shirley

Parker of Decatur Simmons

Parker of Talbot Simpson

Paulk

Slade

Peacock

Smith of Gilmer

Persons

Smith of Tattnall

Pierce

Smith of Walton

Pope

Stovall

Porter

Strong

Price

Stubbs

Proctor

Tarver

Reaves

Tippins

Tracey Tuggle Turner Turnipseed Upshaw Vinson Waddell walters
Vfasden Watkins White of Screven Whiteley wight of Grady Williams Wood Wohlwender Woodliff Wright of Floyd Wright of Sttlwart Mr. Speaker

The General Tax Act was again taken up for the purpose of agreeing to the Senate amendments:

On motion Mr. Anderson, of Chatham, the House took a recess subject to the call of the Speaker.

The Speaker again called the House to order.

The following resolution was read and adopted,

~wil:



By Messrs. Lewis, Baker and Burch-
A resolution authorizing the Joint Committee appointed to inquire into a re-arrangE:.ment of the ,l udicial Circuits of this State to sit for not mo1:e

1392

JOURNAL OF THE HoUSE.

than ten days and receive their regular per diem for time served.
, 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 bill of the House, to-wit:
A bill to make appropriations for the ordinary expenses of the Executive, Lgislative and Judicial Departments of the Government; for the support of the public institutions and educational interests of the State for the years 1910 and 1911.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate -has passed by substitute, by the requisite Constitutional majority, the following bill of the House, to-wit:
A bill to regulate the running of automobiles and other motor vehicles on the public roads of Bartow County.

WEDNESDAY, AuGusT 11, 1909.

1393

The Senate has passed, as amended, by the re-

quisite Constitutional majority, the following bill of

the House, to-wit:



A bill to amend the Charter of th~ City of Macon.

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

Mr. Speaker:
The Senate has adopted, as amended, the following resolution of the House, to-wit:
A resolution directing the purchase of land near Chattanooga, in the State of Tennessee, for increasing the facilities of the Western & Atlantic R. R.
The Senate has concurred in the House amendment to the following bills of the Senate, to-wit:
A bill to provide for election of County School Commissioners by a vote .of the people.
A bill to make penal the wilful uttering ~f any defamatory words derogatory to fair fame of ~my virtuous female.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

1394

JouRNAL oF THE ItousE.

Mr. Speaker:

The. Senate has concurred, with a further amend-



ment, in the House amendment to the following reso-

lution of the Senate, to-wit:

A resolution providing for a Joint Committee on Tax Returns and Tax Valuations.

ATLANTA, GEORGIA, AUGUST 11th, 1909.
The following message was received from his Excellency the Governor, through his Secretary, Mr. Blackburn:
Mr. Speaker:
The Governor has approved the following' bills: An Act to amend an Act incorporating the town of Patten. An Act to amend the City Court of Thomasville. An Act to amend an Act incorporating Ty Ty. .An Act to amend the Charter of Williamsville. An Act to create Commissioner of Roads for Putnam County.

WEDNEsDAY, AuausT 11, 1909.

1:l~lu

An Act to amend Charter of Chipley.
An Act to :fix the' compensation of the Ordinary of Stephens County.
An Act to autho_rize the County of Ware to issue bonds.
An Act to create a County Police Force of Chatham.
An Act to amend the Charter of Loga~~ville.
An Act to amend the Charter of Grantville.
'
An Act to amend the Charter of' Greenville.
An Act to abolish the City Court of Hamilton.
An Act to amend the Charter of Lithonia.
An Act to amend the Charter of Monroe.
An Act to incorporate Cadwell, in Laurens County.
An Act to repeal an Act incorporating the Woodbury School District.
An Act to amend the Charter of Unadilla.
An Act to direct the Commissioners of .Bibb County to pay certain attorneys' fees.
An Act to amend the Charter of Lawrenceville.

1396

JouRNAL oF THE Housz.

An Act to extend the incorporate limits of Sum:nerville.

An Act to abolish the City Court of Dawson.

An Act to create a new Charter for the City of

Newnan.



An Act to abolish the Road Commissioners of Uoffee County.

An Act to authorize the town of Calhoun to construct a street crossing over the W. & A. R. R.

An Act to create the office of Commissioner of Hoads of Coffee County.

An Act to amend the Act creating the City Court of Tifton.

An Act to provide a new Charter for Rochelle.

An Act to amend the Charter of Wrightsville.

An Act to authorize Glynn County to issue bonds.

An Act to provide for two weeks sessions of the Superior Court of Toombs County.

An Act to amend an Act to establish the City Court of Dublin.
An Act to change the time of holding Superior Uourt in Greene County.

-WEDNESDAY, AuausT 11, 1909.

1397

An Act to incorporate the town of Avaton.
An Act to amend an Act establishing the City Uourt of M-oultrie.
An Act to change the time of holding Superior Court in Douglas County.
An Act to abolish the Roads and Revenues of Johnson County.
An Act to increase the number of _t~rms of the Superior Court of Chatham.
An Act to increase the number of Commissioners of Roads in Hall County.
An Act to incorporate the town of Fry.
An Act to abolish the school system of Wrightsville.
An Act to amend an Act creating Commissioners of \Vebster County.
An Act to amend an Act to establish the City Court of Miller County.
An Act to incorporate the City of Dawson.
An Act to amend an Act incorporating Blairsville.
An Act to amend the Charter of Thomasville.

1398

JOURNAL OF THE HousE.

An Act to authorize certain cities to raise sums by taxation for educational purposes.
An Act to regulate salaries of stenographers m certain cities.
An Act to abolish County Commissioners of Putnam.
An Act to abolish the City Court of Mt..Vernon.
An Act to provide for terms of Court in Montgomery County.
An Act to amend an Act establishing the City Court of Hall.
An Act to grant the right of consolidation to suburban street railways.
The following message was received from the Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite Constitutional majority, the following bill of the House, to-wit:
A bill to forfeit licenses of certain insurance companies doing business in this .State, upon certain conditions.

WEDNESDAY, AuGUST 11, 1909.

1399

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

Mr. Speaker:

The Senate has passed, by the requisite Constitutional majority, the following bills of the House, towit:
A bill to reconvey to the City of Griffin certnin grounds.
A bill to divide the ten Counties now composing the Brunswick Judicial Circuit into two Circuits, to be known as the Brunswick and Waycross Circuits, etc.
A bill to amend Section 982, of Volume 1, of the Code of 1895, so as to add the town of Guyton to the list of State Depositories.
A bill providing that the Treasurer of Georgia shall be ex-officio Bond Commissioner.
A bill to amend the Charter of the. City of Tifton.
A bill to make unlawful the sale of near beer within the limits of the County of Ware.
A bill providing for the detachment of the County of Tattnall from the Middle Judicial Circuit.

1400

JOURNAL OF THE HousE.

A bill to protect the live stock of the State of Georgia from all contagious or infectious diseases.
A bill to legalize certain stock law fences in Georgia.
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Colquitt, and for other purposes.
A bill to incorporate the village of East Thomaston.
A bill to appropriate $8,000.00 for the purpose of building two negro reformatories, etc., upon the lands of the State in Baldwin County.
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Irwin.
A bill fo amend the Charter of the City of Griffin.
A bill to prohibit the removal of sand or dirt from the public roads of Spalding County.
A bill to amend an Act, ~pproved August 14, 1908, to establish a system of Public Schools in Lumber City.
A bill to amend an Act to amend, consolidate and supersede the several Acts incorporating the town of Rockmart.

WEDNESDAY, AUGUST 11, 1909.

1401

A bill to amend the Charter of the town of Calhoun.
A bill to repeal an Act to incorporate the City of Harmony Grove.
A bill to amend an Act creating a Board of Commissioners of Glascock County.
A bill to amend the Charter of the City of Griffin.
The Senate has passed, by the req~isite Constitutional majority, the following resolutions of thfl House, to-wit:
A resolution to pay pension to Mrs. F. E. Morgan, of Paulding County, widow of W. H. Morgan..
A resolution to empower the State Librarian f.J offer a 10 per cent. discount to certain book dealers buying from the State Library.
A resolution to authorize the Goverrror to draw his warrant in favor of J. Pope Brown, Treasurer, for the sum of $4,812.57, the amount of decree against the State in case of .R. E. Park, Treasurer vs. Neal Bank.
A resolution to appropriate a sufficient amount of money to meet a deficiency in the amount available to meet the cost of publishing new Volumes of Supreme Court and Court of Appeals Reports :for the year of 1909.

1402

JouRNAL OF THE HousE.

A resolution providing for the payment to Chas. P. Byrd, State Printer, of the sum of $550.00.

The General Tax Act was again taken up for the purpose of concurring to the Senate amendments.

On motion of Mr. Anderson, of Chatham, the session was extended until seven o'clock.

The House concurred in the following Senate amendments, to-wit:

Nos. 1, 2, 3, 4, 5 (by substitute), 6, 10, llb, llc 13, 14, 15, 17, which amendments are written in full in succeeding pages.
The House disagreed to Senate amendments, towit:

Nos. 7, 8, 9, lla, 12, 16, 17a.

On agreeing to the Senate amendment to the Ta~ Act known as Amendment 18, relative to the tax on near beer, 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 of Fulton Alley Anderson of Bulloch Anderson of Chatham Ault Barksdale !:agley

Baker Barrett Bell Booker Boyd Brinson of Emanuel Brown of Carroll

Brown of Fulton Burch Butt Calbeck Cannon Childs Converse

WEDNESDAY, AuGUST 11, 1909.

1403

Cureton

Jones of Meriwethet Reid of Campbell

Daniel

Keith

Reid of Putnam

Elder

Kirby

Rentz

Ellis

Lawrence

Simmons

Evans

Lewis

Slade

Field of DeKalb

Miller of Calhoun Smith of Gilmer

Fields of Crisp

Mitchell

Strong

Fullbright

Moore

Tarver

Garlington

Moss

Tuggle

Gillis

MacFarland

Vinson

Graddick

McCarthy

Wasden

Griffin of Twiggs McMichael of Marion Watkins

Hall

Peacock

White of Screven

Hardema;n of Jeffs'n Persons

Whiteley

Heard

Pierce

Williams

Hill

Pope

Wohlwender

Holtzclaw

Porter

Wood

Johnson of Jeff Davis Redding

Woodliff

Johnson of Towns Reese

Those voting in the negative were Messrs.:

Adams

English

Kidd

Alexander of DeKalb Faircloth

Littleton

Armistead

Fender

Lord

Atherton

Ford

Lovejoy

Atkinson

Gastley

Marshall

Beasley

Griffin of Sumter Meadows of Telfair

Brinson of Decatur Guyton

Meadows of Toombs

. Brown of Henry

Hardman of Jackson Middlebrooks

Brown of Murray Harrington

Miller of Ware

Buxton

Harvey

Milikin

Carswell

Hatfield

Minter

Carter

Helms

Macintyre

Cooke

Henderson of Irwin McConnell

Cordell

Henderson of T11rner McCrory

Couch

Hullender

McCutchen

Cowan

Huie

McElreath

Culberson

.Johnson of Bartow McMahan

Dickson

Joiner

McMichael of Butts

Drawdy

Jones of Laurens McWhorter

Edwards

Kelley

Parker of Decatur

,E,llison

Kendric~

Pa!ker of T~tl~c;>~

1404

JouRNAL OF THE HousE.

Paulk Price Proctor Sheppard E>birley Smith of Tattnall

Smith of W~>.lton Stubbs Tippins Tracey Turnipseed Upshaw

\Valtets Wight of Grt.dy Wright of Floyd Wright of Stewart

Those not voting were Messrs. :

Allen Bailey Beacham Berry Chandler Davis Edmondson Godley Hendricks Holder of Floyd

Howell Hubbard Jones of Mitchell Kennedy Kicklighter McArthur McCurry O!iver Reaves Reid of Macon

Roberts Rogers Rosse1 Simpson Stovall Turner Waddell Mr. Speaker

The roll call was verified, and on counting the votes cast, it was found that the ayes were 77, nays 79. The motion to agree was therefore lost.

Mr. Alexander, of DeKalb, moved that the House disagree to the Senate amendment, which motion prevailed.

Mr. And~rson, of Chatham, moved that the House reconsider its action "in ordering the main 11uestion, which motion was lost.

The following bills were taken up for the purpose of concurring in the Senate amendments, to-wit:

WEDNESDAY, AuausT 11, 1909.

1405

By Messrs. Price and Johnson-
A bill to r~gulate the running of automobiles and other motor vehicles on the public roads of Bartow County.
The House concurred in Senate substitute as amended by amendments Nos. 1, 3, 4, and disagrees to amendment No. 2 to the substitute, which relates to Bartow County.

By Mr. Hall, of BibbA bill to amend the Charter of the City of Macon.

By Mr. Jones, of Meriwether-
A bill to appropriate money for the ordinary expenses of the Executive, Judicial and Legislative Departments of State Government and State in!?titutions.
All the Senate amendments to the above two bills were concurred in.
The following resolution was taken up and the Senate amendments disagreed to:

By Mr. Alexander, of DeKalbA resolution directing the purchase of lands near

1406

JouRNAL OF THE HousE.

Chattanooga, in the State of Tennessee, for increasing the facilities of the Western & Atlantic R. R.
On motion of Mr. Anderson, of Chatham, the Speaker announced the House adjourned until 8 o'clock this evening.

8 :00 0 'CLOCK P. M.

The House reconvened at this hour and was' called to order by the Speaker.

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

Adams

Brinson of Decatur

Alexander of DeKalt Brinson of Emanuel

Alexander of Fulton Brown of Carroll

Allen

Brown of Fulton

Alley

Brown of Henry

Anderson of Bulloch Brown of Murray

Anderson of Chatham Burch

Armistead

Butt

Atherton

Buxton

Atkinson

Calbeek

Ault

Cannon

Barksdale

Carswell

Bagley

Carter

Bailey

Chandkr

Baker

Childs

Barrett

Converse

Beacham

Cooke

Beasley

Cordell

Bell

Couch

Berry

Cowan

Booker

Culberson

Bo;y-d,

<!nr!oJt.OtJ

Daniel Davis
Di~kson
Drawdy Edmondson Edwards Elder Ellis Ellison English Evans Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Grfidijicl}

WEDNESDAY, AuGUST 11, 1969.

1407

Griffin of Sumter Marshall

Reid of Putnam

Griffin of Twiggs Meadows of Telfair Rentz

Guyton

Meadows of Toombs Roberts

Hall

Middlebrooks

Rogers

Hardeman of J eft's 'n Miller of Calhoun Rosser

Hardman of Jackson Miller of ware

Sheppard

Harrington

Milikin

liihirley

Harvey

Minter

Simmons

Hatfield

Mitchell

Simpson

Heard

Moore

Slade

Helms

Moss

Smith of Gilmer

Henderson of Irwin MacFarland

Smith of Tattnall

Henderson of Turner Macintyre

Smith of Walton

Hendricks

McArthur

Stovall

Hill

McCarthy

liitrong

Holder of Floyd

McConnell

Stubbs

Holtzclaw

McCrory

Tarver

Howell

McCurry

Tippins

Hubbard

McCutchen

Tracey

Hullender

McElreath

Tuggle

Huie

McMahan

Turner

Johnson of Bartow McMichael of Butts Turnipseed

Johnson of J eft' Davis McMichael of Marion Upshaw

Johnson of Towns McWhorter

Vinson

Joiner

Oliver

Waddell

Jones of Laurens Parker of Decatur Walters

Joaes of Meriwether Parker of Talbot Wasden

Jones of MitchelL: Paulk

Watkins

Keith

Peacock

White of Screven

Kelley

Persons

Whiteley

Kendrick

Pierce

Wight of Grady

Kennedy

Pope

Williams

Kicklighter

Porter

Wood

Kidd

Price

Wohlwender

Kirby

Proctor

Woodliff

''

Lawrence

Reaves.

Wright of. Floyd.

Lewis

Redding

Wright of Stewart

Littleton

Reese

Mr. Speaker

Lord Lovejoy

Reid of Campbell
Reid of Macon

The following resolution was taken up and read, to-wit:

1408

JouRNAL OF THE HousE.

By Mr. Henderson, of Irwin-
A resolution providing for a joint Committee to investigate certain charges against the State Sanitarium, and for other purposes.
The previous question was called, and the main questioned ordered.
The resolution was then put to the House and the same was adopted, ayes 96, nays 7.
Mr. Hall, of Bibb, moved that the House recon. sider its action in passing the above resolution, which motion was lost.

By Mr. Morris, of 18th district-
A resolution requesting the authorities in charge of distributing the laws of Georgia, have the same ready for distribution within sixty days after adjournment of General Assembly.
The above resolution was adopted.
The following message was received from the Senate through Mr. Nocthen, the Secretll;ry thereof:

Mr. Spea.ker:
The Senate has concurred in the following House resolutions, to-wit:

WEDNESDAY, AuGUST 11, 1909.

1409

A resolution in relation to the unfinished business of the present session.
A resolution authorizing the officers of the House and Senate to remain five days in order to complete the unfinished business of the session.
A resolutio~ in reference to Joint Committee appointed for inquiring into the re-arrangement of the Judicial Circuits of this State, and the Committee on the part of the Senate is as follows:
Senators McCurry and Griffith~
Als.o,
The Senate recedes from its amendment to the following House bill, to-wit:
A bill to regulate the running of automobiles and other motor vehicles in Bartow County.
The following Senate bills were read the third time and put upon their passage, to-wit:

By Mr. Burwell, of 20th district-
A bill to amend an Act to prescribe the manner of letting the public printing.
To amend by striking the word "four'' wherever it occurs so as to prescribe that the contract shall be two years instead of ''four.''

1410

JounNAL OF THE HousE.

The favorable report of the Committee was agreed to, as amended.
On the. passage of the bill the ayes were 112, nays 0.
The bill having received the requisite Constitutional majority, was passed, as amended.
Senate Bill No. 139 was taken from the table and placed on the Calendar by request of Mr. Brown, of Henry.
The following message was received from the Senate through Mr. Northen, Secretary ti1ereof:

Mr. Speaker:

The Senate insists on its amendment of the following resolution of the .House, to-wit:
A resolution directing the purchase of certain lands near Chattdnooga, Tenn., for the use of the W. & A. R. R and appropriating funds for same.
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:

WEDNESDAY, AuGusT 11, 1909.

1411

A resolution calling for a Joint Committee to investigate certain charges against the State Sanitarium, and has appointed as said Committee on part of the Senate:
Senators McLean, Longley, Akin, Conley.
The Senate h::ts concurred in the following House resolution, as amended, to-wit:
A resolution authorizing the Governor to have Hall of the House of Representatives refinished, etc.
The following bill was taken up for the purpose of agreeing to the Senate substitute to House Bill No. 352, to-wit:

By Mr. Upshaw, of Douglas-
A bill to authorize the Commissioner of Pensions to pay the amount due the husband to his widow.
The House proposed to amend the substitute offered by the Senate as follows:
By adding to the caption the following: ''And to provide that the widows whose husbands died before the passage of this bill be passed on by the Commissioner' of Pensions, and that he report the names of said persons to the Governor, and to authorize the Governor to draw his warrant in favor of such persons to be paid out of the funds in the Treasury, ~nd for other purposes,

1412

JouRNAL OF THE HousE.

The amendment was adopted, and the substitute offered by the Senate was then agreed to as amended.
The following Senate resolution was taken up and the Senate amendment to the House amendment concurred in, to-wit:
By Mr. Mathews, of 23rd district-
A resolution providing for a Joint Committee on Tax Returns and Valuations.
The Speaker appointed the following Committee of Conference to confer with a like Committee from the Senate on Senate Resolution No. 11, which provides for the purchase of lands near Chattooga, towit:
Messrs. HALL,
ALEXANDER, of DeKalb,
CALBECK.

Senate Bill No. 31 was taken from the table and placed on the Calendar by unanimous consent.
The Speaker appointed the following Committee on the part of the H1ouse (House Bill 26) providing for the codification of the laws of Georgia, to-wit:
Messrs. BROWN, of Carroll,
JoNEs, of Meriwether,
L.A.WRE;NcE, of Chatham,

WEDNESDAY, AUGUST 11, 1909.

1413

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

By Mr. Jackson, of 21st district-
A bill to provide for pleading and practice m County Courts, anrl for other P.urposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 84, nays 25.
The bill having failed to receive the requisite Constitutional majority, was lost.
The General Tax Act was again taken up for the purpose of acting on the Senate amendments thereto.
The House concurred in Senate amendments Nos. llc, llb, 14, 15, 17, 18b, 1, 2, 3, 4, 6, 10.
The House offered to amend Senate amendment 18b.
The House disagreed to Senate amendments Nos. 7, 8, 11, 16, 9, 12, 13, 18a.
Mr. Hardeman, of Jefferson moved that the House recede from its non-concurrence in Senate amendment to the near beer section of the General Tax Act, known as Amendment No. 18.

'

1414

JOURNAL oF THE HousE.

On the above motion, Mr. Alexander called the ayes and nays, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of Fulton Allen Alley Anderson of Bulloch Anderson of Chatham Ault Barksdale Bagley Baker Barrett Bell Berry Booker Boyd Brinson of Emanuel Brown of Carroll Brown of Fulton Burch Butt Calbeek Childs Converse Cureton Daniel Edmondson Ellis Evans

Field of DeKalb Fields of Crisp Fullbright Garlington Gillis Graddick Griffin of Twiggs Hall Hardeman of J eft's 'n Heard Hill Holder of Floyd Holtzclaw Johnson of Jeff Davis Johnson of Towns Jones of Meriwether Keith Kirby Lawrence Lewis Miller of Calhoun Mitchell Moore Moss MacFarland McArthur McCarthy

McCurry McMichael of Marion Peacock Persons Pierce Pope Porter Redding Reese Reid of Campbell Reid of Macon Reid of Putnam Rentz Simmons Slade Smith of Gilmer Strong Tarver Tuggle Vinson Watkins White of Screven Whiteley Williams Wohlwender Wood Woodliff

Those voting in the negative were Messrs.:

Adams Alexander ofDeKalb Armistead Atherton Atkinson Beasley ;Brinson of Dec11tur

Brown of Henry Brown of Murray Buxton Carswell Carter Cordell Couch

Cul]?erson Dickson Drawdy Edwards Ellison English f11irclotq

'

wEDNESDAY, AuGusT 11, 1909.

1415

Fender Ford Gastley Griffin of Sumter Guyton Harrington Harvey Hatfield Helms Henderson of Irwin Henderson of Turner Hullender Huie Johnson of Bartow Jones of Laurens Kelley Kendrick Kidd Littleton

Lord Lovejoy Marshall Meadows of Toombs Middlebrooks Miller of Ware Milikin Minter Macintyre McConnell McCrory McCutchen McElreath McMahan McMichael of Butts McWhorter Parker of Decatur Parker of Talbot Paulk

Price Proctor Roberts Rogers Sheppard Shirley Simpson Smith of Walton Stubbs Tippins Tracey Turner Turnipseed Upshaw Walters Wight of Grady Wright of Floyd Wright of Stewart

Those not voting were Messrs. :

Bailey Beacham 'Cannon Chandler Cooke Cowan Davis Elder Godley

Hardman of Jackson Hendricks Howell Hubbard Joiner .Tones of Mitchell Kennedy Kicklighter Meadows of Telfair

Oliver Reaves Rosser Smith of Tattnall Stovall Waddell V{asden Mr. Speaker

The roll call was verified, and on c~unting the votes cast, it was found that the ayes were 81, nays 77. The motion that the House recede therefore prevailed.

Upon the question being put by the Speaker, the House then concurred in the Senate amendment.

1416

JouRNAL OF THE HousE.

Mr. Reid, of Campbell, moved that a new Conierence Committee on near beer tax be appointed to . confer with a like Committee of the Senate, which motion prevailed, and the Speaker appointed as such Committee:
Messrs. REm, of Campbell,
HILL,
AULT.
The following bills were taken up for the purpose of agreeing to the Senate amendments, to-wit:

By Mr.Johnson, of Bartow-
A bill to forfeit the license of certain insurance companies doing business in this State, upon certain conditions.

By Messrs. Alexander, Brown and McElreath"""""7
A resolution authorizing the Governor to have the interior of the Hall of the House finished, etc.
ATLANTA, GEORGIA,
AuGUST 11th, 1909.
The following message was received from his Excellency the Governor, through his Secretary, Mr. Blackburn:

WEDNESDAY, AuousT 11, ,1909.

1417

Mr. Speaker:

The Governor has approved the following bills: '
An Act to amend an Act creating Board of Commissioners Turner County.
An Act to amend Charter of Five Forks.
An Act to incorporate Waresboro School District.
')
An Act to repeal an Act incorporating East Thomaston.
An Act to amend Charter of Brinson.
An Act to a11ow Mayor and Council of Demorest to levy taxes.
An Act to prescribe the powers of the Ordinary of Johnson County.
An Act to incorporate the City of Pepperton.
I
An Act to amend the -Charter of Lawrenceville.
An Act to repeal the Charter of Oakland. An A~t to amend the School laws of Moultrie. An Act to amend th~ Charter of Vienna.
An Act to create a new Charter for Eton.

1418

JOURNAL OF THE HousE.

An Act to authorize the building of a school at Springfield.
Ay;t Act to amend the Charter of Bronwood.
An Act to authorize the Mayor and Council of Macon to close certain streets.
An Act to abolish the City Court of Danielsville.
An Act to amend an Act creating Road Commissioners of Douglas County.
An Act to repeal the Charter of Piedmont.
An Act to amend the Charter of the City Court of Columbus.
An Act to permit street railways to grant free transportation to firemen and policemen.
An Act to abolish the City Court of Barnesville. An Act to repeal an Act changing County lines within incorporated towns. An Act to extend corporate limits of Martin.
An Act to repeal the Charter of Zebulon.
An Act to create a charter for the City of Zebul<;m.
An Act to authorize_ the County of Mcintosh to issue bonds.

WEDNESDAY, AuousT 11, 1909.

14i9

An Act to repeal the County Court Act so far as it applies to the County of Pike.
The following message was received from the 'Senate through Mr. Northen, the Secretary thereof:

Mr. Speaker:

The Senate insists on amendments Nos. 5, 9, 12, 13, 18, 18(2), and recedes from amendments Nos. 7, S, 11, 16, to the following bill of the House, to-wit:
A bill to annually levy and collect a tax .for the support of the State Government.
The Senate has appointed the following Committee of Conference on part of the Senate upon the resolution to purchase a tract of land near Chattanooga, for the W. & A. R. R.
Messrs. Longley, Irwin and Price.
The following message was received from the Senate through Mr. Northen, Secretary th~re?(

Mr. Speaker:

The Senate has agreed to the request of the House for a Committee of Conference upon the Tax Act, and has appointed as such Committee Messrs. Slater, Mathews and Burwell.

1420

JOURNAL OF THE HousE.

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

Mr. Speaker:
The Senate has concurred in House amendment to the following bill of the Senate, to-wit:
A bill to amend an Act to prescribe the manner, terms and specifications for letting public printing so as to provide for the letting of all public printing) and for other purposes.
The Senate has concurred m the House amendment to the Senate substitute, to the following bill of the House, to-wit:
A bill to authorize the Commissioner of Pensions to pay the amount due the husband which is placed on tlie pension rolls to be paid a pension for the following year, and dies before the 1st of .January following, to his widow, and for other purposes.
The Senate has appointed the following as the Committee under the Senate resolution looking to revision of laws upon tax returns, etc.:
Messrs. Mathews and Akin.
The Committee of Conference to confer with a 'like Committee from the Senate on the resolution of the House pro:viding for the purchase of lands near Chattanooga, submifted the following report:

WEDNESDAY, AuausT 11, 1909.

1421

Mr. Speaker:

The Committee of Conference on the resolution about the purchase of lands near Chattanooga, recommend that in lieu of the Senate amendment, the following proviso:
Provided, however, that the Governor shall first examine and approve the matter, and if in his judgment, it is not to the best interest of the State~ 'he may decline to make the purchase.
J os. H. H UIE, Chairman.

Mr. Ault and Mr. Hill, of the Committee on Conference on the General Tax Act, submitted the following majority report:

Mr. Speaker:
We, the Majority Your Committee of Conference, to act with a like Committee of the Senate, have considered the matters of difference between the House and Senate as to certain amendments to House Bill No. 417, beg to report as follows:
We have agreed to recommend, and do recommend, that the House recede 'from its disagreement to Senate amendment No. 9, aD:d that said amendment be amended by striking therefrom "fifty dollars" and

1422

JOURNAL OF THE HousE.

jnsert "seventy-five dollars," and that both Houses agree to said amendment as amended.
That Senate recede from its amendment No. 12.
-That House recede from its disagreement to Senate amendment No. 13, and agree to same.
rrhat House recede from its disagreement to Senate amendment No. 18, and agree to same.
That in lieu of Senate amendment No. 5, as amended by the House, both the House and Senate agree to the following amendment, to-wit:
Substitute for No. 5.
The amendment proposed by the House aftet adoption of an amendment to said amendment striking ''one pel;" cent.'' and inserting in lieu ''onefourth of one per cent.''
Respectfully submitted,
s. E. AULT,
BEN F. HILL.

MINORITY REPORT.
The following minority report was submitted by Mr.. Reid, of Campbell, as a member of the Confer-

WEDNESDAY, AuGUST 11, 1909.

1423

ence Committee on the amendments to the General Tax Act:

Mr. Speaker:
The undersigned member of the Committee dissents from the report of the majority of the Joint Co~mittee of Conference on differences between the Hfouse and Senate on certain amendments to House Bill No. 417, known as the General Tax Act, so far as the same refers to the amendment to Section 6 of said bill allowing rebate to certain insurance companies for the following reasons :
While I favor the object sought to be reached, I think the adoption of this amendment of doubtful propriety. .I think its adoption in the shape it is very unwise in consideration of the condition of the State's revenue and finances, and I therefore :file this minority report.
Respectfully submitted,
c.. s. REm.

The following Senate amendments to the General Tax Act were taken up for concurrence, to-wit:
Amend by striking out the eighth sub-section of Section 2, and inserting in lieu thereof, the following:
Eighth. Upon .every agent of, and upon every dealer in, and upon every person soliciting orders

1424

JouRNAL OF THE HousE.

for the saJe of, or purchase of automobiles, or other self-propelling vehicles, the sums as set out below, for each agency, or place of business, or where a sale or sales are made:
In each County with a population of more than :fifty thousand, one thousand dollars.
In each County with a pQpulation of more than forty thousand, and not more than :fifty thousand, seven hundred and :fifty dollars.
In Counties with populations more than th:lrty thousand and not more than forty thousand, :five hundred dollars.
In Counties with populations more than twenty thousand and not more than thirty thousand, three hundred dollars.
In Counties with populations more than ten thousand and not more than twenty thousand, two hundred dollars.
In Counties with populations more than :five thousand and not more than ten thousand, one hundred dollars.
In Counties with populations of not more than :five thousand, twenty-five dollars.
The following ..Senate amendments to the above

WEDNESDAY, AuousT 11, 1909.

1425

Senate Committee amendments were concurred in, to-wit:
To amend Senate Committee amendment by striking all the words after words ''or sales are made,'' and substituting the following:
In each County with a population of less than 20,000, $25.00.
In each County with a population of more than 20,000 and not exceeding 30,000, $50.00.
In each County with a population of more than 30,000 and not exceeding 50,000, $75.00.
In each County with a population of more than J
50,000 and not exceeding 75,000, $100.00.
In each County with a population of more than 75,000 and not exceeding 100,000, $150.00.
In each County with a population of more than 100,000 and not more than 150,000, $200.00.
In each County with a population exceeding 150,000, $250.00.
Population in each instance to be determined from . the census of the United States for 1900.
The following Senate amendments were concurred in, to-wit:

1426

JouRNAL oF THE HousE.

To amend Paragraph 27, Section 2, by striking out "each member of the Gypsy gang shall be subject to the tax.''
To amend Paragraph 31, Section 2, by striking line 212 of the printed bill.
To amend Section 31, line 213, by substituting figures "$15.00" for "$10.00."
To amend Section 2, Paragraph 35, by striking words "twenty-five," line 3, and insert the words ''one hundred.''
To amend Section 2, Paragraph 36, by striking
"twenty-five," line 4:, and insert the words "one
.hundred.''
To amend Section 2, Paragraph 32, line 5, by striking out the word "these" and insert "they."
To amend Section 42, line 305, by striking '' 25 '' and insert "100."
The House disagreed to Senate amendment No. 8, providing for a tax on dogs, and the Senate receded from its amendment.
To amend Section 2, Paragraph 46, sub-paragraph 2, by adding at the end thereof the following:
''Provided, that not more than $50.00 shall be required of any one person in any one County under this Section. ''

WEDNESDAY, AuausT 11, 1909.

.1427

The House disagreed to the above amendment and insisted on its disagreement, but afterwards adopted the following amendment, which was proposed by the Conference Committee:
T'o amend Senate amendment by striking "$50" and insert in lieu thereof '' $5. ''
The amendment was then concurred in, as amended.
The Senate Committee amends General Tax Act by adding a new paragraph of Section 2, to be appropriately placed and numbered, which was concurred in, to-wit:
Upan every manufacturer of mowing machines, reaping and binding machines, gas engines, selling .or dealing in mowers, reapers. and binders and gas machines, by itself, or its agents in this State, and all wholesale and retail dealers in mowers, reapers and binders and gas engines, selling machines or gas engines manufactured by companies that have not paid the tax herein, shall pay one hundred ($100.00). dollars, the same to be paid to the ComptrollerGeneral annually, at the time of commencement of business; -and to be known as a license fee for the privilege of doing business in this State. All companies and others paying this license fee shall, at the time of payment of same, furnish the ComptrollerGeneral with a list of all agents authorized to sell mowers, reapers and binders and gas engines of

1428

JouRNAL OF THE HousE.'

their manufacture, or under their control, and shall pay to said Comptroller-General the sum of ten ($10.00) dollars, for each of said agents for the fiscal year or fractional part thereof for each county in which said agent may do business. Upon the payment of the said ten ($10.00) dollars, the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before commencing business under this Act, all such agents shall be required to register their names with the Ordinaries of those Counties in which they intend to do business and shall exhibit to said Ordinaries their license from _the Comptroller-General. Wholesale and retail dealers in mowers, reapers and binders and gas engines shall be required to pay th~ tax provided herein for each manufacturer of the above machin'es sold by them, except the manufacture of such companies as have paid the tax requirel by this Act. All unsold mowers, reapers and bind- ers and gas engines, belonging to mowing, reaping or binding machines or gas engine companies, dea-lers or their agents, in possession of said companiei'l, dealers, their agents, or others, shall be liable to seizure and sale for the payment of such fees, license or tax.
None of the provisions of this Section shall apply to licensed auctioneers, selling second-hand machines, or to officers of the law under legal process, or to merchants buying and selling machines or gas engines on which a license tax has been paid, as herein provided, and who keep the machines or gas

WEDNESDAY, AuGu~T 11, 1909.

1429

engines and sell and deliver them from their place of business.
Any person who shall violate the provisions of this Section shall be liable to indictment for a misdemeanor, and on conviction, shall be punished as prescribed in Section 1039, Volume 3, of the Code of 1895.
To amend by adding an additional paragraph to Section 2, to-wit:
Upon every company, firm or individual compiling a city directory, or directory of any character, and selling the same, or supplying the same on subscription, the sum of $50.00.
The House disagreed to the above amendment, but afterwards receded from its disagreement, which adopted the amendment.
'l'o amend Section 2, Paragraph 25, sub-section 5, as follows:
By striking the words "$200," where they occur, and insert '' $100. ''
By striking "$100," where same occurs, and insert '' $50.00. ''
By striking words "$50.00," where same occurs, and insert '' $25.00. ''.

1430

JouRNAL OF THE HousE.

By striking "$25.00," where same :first occurs, and insert '' $10.00. ''
By striking out all further .provisions of the subsection than those amended above.
The above amendments to Section 2, Paragraph 25, sub-section 5, were concurred in.
To amend Section 2, Paragraph 18, by adding at end thereof. the following:
Provided, the provisions of this Section shall not apply to attorneys at law of this State who have paid their professi<!nal taxes.
The above amendment was concurred in.
To amend by striking '' $200'' in line 4, Section 3, and insert '' $300. ''
To amend by striking the whole of Section 7, and inserting the following, which was adopted, to-wit:
Section 7. Be it further enacted by the authori'ty aforesaid, That every person, :firm or corporation, manufacturing within the limits of this State, any beverage or drink or liquors in imitation of or intended as a substitute for beer, ale, wine, whiskey, or other alcoholic, spirituous or malt liquors, shall obtain a license so to do from the Ordinary of the County wherein such business is carried on, and

WEDNESDAY, AUGUST 11, 1909.

1431

shall pay for said license the sum of one thousand ($1,000) for each calendar year, or part thereof, for each place of business.
Second. And that every person, firm or corporation who shall maintain a supply depot, warehouse, distributing office, or other place of business within this State where such beverages, drinKs or liquors referred to in the first paragraph of this Section are kept for sale or distribution, or are sold in wholesale quantities, that is to say, in quantities of more than five gallons, and that each and every agent or representative of eacli separate non-resident manufacturer, manufacturing firm or manufacturing corporation of any such beverages, drinks or liquors, and each person, firm or corporation handling the product of such non-resi~ent manufacturer, manufacturing firm or corporation, and keeping for sale or for distribution, or handling and selling any such drinks, liquors, or beverages, in this State, in wholesale quantities, as aforesaid, shall obtain a license so to do from the Ordinary of the County wherein such supply depot, warehouse, distributing office or other place of business by wholesale, is located, and shall pay for said license the sum of one thousand dollars for each calendar year, or part thereof, for each such place of wholesale business in this Stat~. The said agents or representatives of non-resident manufacturers of such beverages, and persons handling and selling by wholesale, the product of such non-resident manufacturing persons, firms or cor-

1432

. JOURNAL OF THE HoUSE.

porations, shall obtain and pay for a separate license for each separate non-resident person, firm or corporation represented by them, or whose product is handled by them in wholesale quantities.
Third. And that every person, firm or corporation who shall sell, or offer for sale, in quantities of less than five gallons, any such beverages, drinks or liquors referred to in the first paragraph of this Section, shall first obt.ain a license so to do from the Ordinary of the County wherein such busines::; is carried on, and shall pay for said license the sum of three hundred ($300) dollars fo;r each calendar year, or .part thereof, for each place of business; provided, that no Ordinary shall issue any license to any person, firm or corporation to do or carry on such business outside of, nor shall any such license be construed to give authority to any person, firm or corporation to do or carry on any such business outside the corporate limits of any incorporated city, town or village in this State. Provided further, that no such license shall be isf'?ued to any one to do or to carry on such business in any town or city of less than 2,500 inhabitants, to be determined by the last census report of United States. Provtueu, that no ex-Confederate veteran shall, at any time, be allowed to do, or to engage in, the sale of such beverages in this State without first complying with the license laws of this State. And provided further, that no ex-Confederate veteran shall be . permitted to engage in the sale of such beverages in any municipality in this State without ftrst obtain-

WEDNESDAY, AuousT 11, 1909.

1433

ing the permission of the proper authorities of such municipality.
Fourth. No person whomsoever shall be exempt from the duty of obtaining such licenses and paying -said license fees required in the first three paragraphs of this Section; and that nothing in this Section shall ever be held, taken or construed t~ authorize the sale of any beverage, drink, or liquor now prohibited by law.
Fifth. That all such imitations of or substitutes for beer, ale, wine, whiskey, or other alcoholic, spirituous or malt liquors sold in any such places shall have stamped plainly on the vessels containing such liquid, the name of the manufacturer thereof.
Sixth. That any person who shall carry on any business named in the first three paragraphs of this Section without having first obtained the license or licenses in this Section required, and paid therefor as provided for by this Section, shall be guilty of a misdemeanor and punished accordingly.
Seventh. Any person who shall sell, or furnish, keep or give away under color of the license herein required, any liquor, drink or beverage prohibited by law, shall, in addition to any penalty which he may otherwise be liable to, forfeit said license, and be forever disqualified from holding any such license, or being in the employment of any person holding such license ; and any person holding such license

1434

JOURNAL OF THE HousE.

who shall knowingly employ any person so disqualified, shall forfeit his license and be in like manner disqualified.
Eighth. That .the Ordinary collecting the license fees required by this Section shall account for and pay over to the Treasury of the Sta:te, all monies collected under the provisions of this Section, less a license fee of two and 50/100 dollars for issuing said license, and th!=llicense fee herein allowed shall be in full compensation for all services incident to the registering the names of persons to whom licenses are issued, and collecting and forwarding the net amounts to the State Treasury, as provided for in this Section; and the Ordinary shall make
monthly reports to the Comptroller-General, and
monthly remittances to the State Treasury, furnishing in said reports the names and places of business of all persons, firms or corporations to whom licenses have been issued under the provisions of this Sec. tion. Any Ordinary who fails to make the reports, or to make remittances as 'required by this Section, shall forfeit all commissions herein allowed.
To amend Section 6 by adding new paragraph at the end thereof to be numbered paragraph three, which was concurred in, to-wit:
Third. Be it further enacted by the authority aforesaid, That whenever any insurance company, doing business in this State, shall make it appear by proof satisfactory to the Insurance Commissioner

WEDNESDAY, AuGusT 11, 1909.

1435

that one-fourth in amount of its total assets are invested in any or all of the following securities or property, to-wit: bonds of this State or of any County or municipality of this State, property situated in this State and taxable therein, loans secured by liens on real estate situated in this State or policy loans secured by insurance policies issued by such company on lives of persons resident in this State, then the premium tax levied by the first paragraph of this Section shall be abated or reduced to onehalf of one per centum upon the gross receipts of such company, and if the amounts so invested by any such company shall be as much as three-fourths of the total assets of such company, then said premium tax shall be abated or reduced to one-tenth of one per centum upon such gross receipts of such company."
The Senate Committee amends by offering the following as a substitute for Section 2, Paragraph 38:
Thirty-eighth. .(a). Upon every manufacturer in this State of any syrup or syrups, extract or extracts, used for the manufacturing, mixing or preparation of any beverages or drinks of any kind, w1lether sold at wholesale or retail, a tax to be graduated as follows:
Upon every manufacturer whose gross sales upon business within the State of Georgia do not exceed the sum of ~1,000.00? the sum of five ~oll;:tr~?~

1436

JOURNAL OF l'HE HousE.

Upon every manufacturer whose gross sales upon business within the State of Georgia exceed the sum of $1,000.00, but do not exceed $2,000.00, t.he sum of seven and 50/100 dollars.
Upon every manuf~turer whose gross sales upon businsss within the State of Georgia exceed the sum of $2,000.00, but do not exceed $5,000.00, the sum of twelve and 50/100 dollars.
Opou every manufacturer whose gross sales upon business within the State of Georgia exceed the sum of $5,000.00, but do not exceed $10,000.00, the sum of seventeen and 50/100 dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed the sum of $10,000.00, but do not exceed $15,000.00, the sum of twenty-five dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed the sum
I
of $15,000.00, but do not exceed $20,000.00, the sum of fifty dollars.
Upon every manufacturer whose gross sales 'upon business within the State of Georgia exceed the sum of $20,000.00, but do not exceed $25,000.00, the sum of seventy-five dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed the sum

-WEDNESDAY, AuGUST 11, 1909.

1437

of $25,000.00, but do not exceed $50,000.00, the sum of one hundred dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $50,000.00, but do not exceed $100,000.00, the sum of two hundred dollars.
Upon every manufacturer whose gross sales 'upon business within the State of G'eorgia exceed $100,000.00, but do not exceed $200,000.00, the sum of four hundred dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $200,000.00, but do not exceed $300,000.00, the sum of sl.x hundred dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $300,000.00, but do not exceed $400,000.00, the sum of eight hundred dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $400,000.00, but do not exceed $500,000.00, the .sum of one thousand dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $500,000.00, but do not exceed $600,000.00, the sum of one thousand and two hundred dollars.

1438

JOURNAL OF THE HousE.

Upon every ~nanufacturer whose gross sales upon business within the State of Georgia exceed $600,000.00, but do not exceed $700,000.00, the sum of one tho"usand and four hundred dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $700,000.~, but do not exceed $800,000.00, the sum of one thousand and six hundred dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $800,000.00, but do not exceed $900,000.00, the sum of one thousand and eight hundred dollars.
Upon every manufacturer whose gross sales upon business within the State of Georgia exceed $900,000.00, the sum of two thousand dollars.
The tax herein laid shall be based upon the gross sales of the manufacturer during the year preceding the year for which the tax is paid, and it shall be the duty of the manufacturer or his or its authorized agent, in returning said tax, to furnish to the Tax Receiver ~f the County where the principal office and place of business of said manufacturer is located, a sworn statement of his or its gross sales, on business done within the State of Georgia during the last preceding year, which statement shall be used as the basis for computing the ;:tmoup.t of th~ tax due.

WEDNESDAY, AuausT 11, 1909.

1439

(b). And upon every agent or representative of any foreign or non-resident manufacturer of syrup or syrups, extract or extracts used in the manufacturing, preparation or mixing of any such beverage or drink, an annual license or occupation tax as specified in the preceding division of this paragraph, as per schedule or scale therein set forth.
Provided, Tha.t if such foreign or non-resident manufacturer shall pay the amount of the occupation or license tax prescribed, as per schedule or scale, for resident manufacturers, that such agents or representatives of such non-resident manufacturers shall be relieved from said occupation tax.
The House offered the following as a substitute for the above Senate amendment, to-wit:

By Mr. Hill, of Monroe-
To amend by striking the whole of the above amendment and substituting the following, to-wit:
Paragraph 38. Be it further enacted, That after December 31st, 1909, there shall be levied on all persons and companies carrying on in this State the business of manufacturing or selling by wholesa!e, or distributing from any depot, car, warehouse, or agency, any carbonated waters or syrups or other articles to be used in carbonated waters or intended to be mixed with or blended with carbonated waters, or to be sold as soft drinks (not including imitations

1440

JouRNAL OF THE HousEl.

of beer, wine, whiskey, or other intoxicating liquors),

an occupation tax for the privilege of carrying on

said business at the end of each quarter an amount

equal to one per cent. on the gross receipts for said

business in this State for said quarter. Within three

(3) days from the end of each quarter of the calen-

dar year each person or company engaged in. said

kinds of business shall make returns under oath to

the Comptroller-General of the State showing the

amount of said gross receipts with a detailed state-

ment of the parties from whom said receipts are

received. In case of a corporation, the return shall

be made in oath by the president, if a resident of

this State, and if the president is not such resident,

by the officer or person in charge of the business of



said corporation in this St~te. Upon failure by any

person required by this Section to make such return

within ten days after the expiration of such quarter,

he shall be guilty of a misdemeanor and shalL be

liable to indictment and be punished as now provided

in c~ses of misdemeanors. Upon the paying of such

quarterly return, the company or person liable to

said tax shall pay the same to the Comptroller-

G:eneral, and upon failure to pay the same, the Comp-

troller-General shall issue an execution ior said tax

against the property of the person or company liable

to said tax. If no return be made, the Comptroller-

General shall ascertain the amount of said gross re-

ceipts from the best information in his power, and

assess the tax accordingly, after giving the company

or person liable to said tax at least five days notice

WEDNESDAY, AuGUST 11, 1909.

1441

of the time of assessing said tax and issue his execution accordingly against the person or ~orporation carrying on said business. Any person or company or agent of the same, carrying on any kind of business specified in this Section, after failure to pay the tax herein required for any preceding quarter which he or it was liab~e to tax, shall be guilty of a misdemeanor. It is. hereby enacted that all said taxes received or collected under this Section shall be paid into the State Treasury. It is also enacted that any person or company paying the tax herein levied shall be relieved of any and all occupation tax or license fees to the State under existing law on or for the kind of business specified in this Section.
The following amendment to the above was adopted, to-wit:

By Mr. Reid; of Campbell--
To amend by striking ''one per cent.'' and insert in lieu thereof ''one-fourth of one per cent.''
The Senate amendment 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 agreed to the report of the Con-

144:!

JouRNAL oF THE IIousE.

ference Committee upon the following resolution of the House, to-wit:

A resolution directing the purchase of certain lands near Chattanooga, Tenn., for use of W. & A. R.R.

The Senate has amended its amendment to the following House bill, and asks for concurrence by the House therein, to-wit:

i

A bill to amend the Charter of the City of Macon.

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

Mr. Speaker:

The Senate has agreed to the report of the Conference Committee upon the following bill of the House, to-wit:
A bill to annually levy and collect a tax for the support of the State Government, with the following amendment, to-wit:
Amend Committee report by providing that the Senate accept the House amendment to Paragraph 38 of Section 2, after amending said House amendment by substituting ''one-fourth of one per cent.'' for "one per cent." where "one per cent." occurs.

WEDNESDAY, AUGUST 11, 1909.

1443

On motion of ' Mr. Anderson, of Chatham, House Bill No. 318 was tabled.

The following bill was taken up and. the Senate amendments concurred in, to-wit:

By Mr. Hall, of Bibb-
A bill to amend the Charter of the City of Macon, and for other purposes.
The Speaker announced as the Committee on part of the House to investigate charges against the State Sanitarium:
Messrs. HENDERSON, of Irwin, McCRORY, BRowN, of Fulton, CARSWELL, TuooLE, BAKER, BRowN, of Murray.

'J.1he following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
I am directed by the Senate to inform the How:;e

1444

JouRNAL OF THE HousE.

that it has finished all business, and is ready to adjourn sine die.
The following message was received from the Senate through Mr. N orthen, Secretary thereof:

Mr. Speaker:
The Senate has passed, by the requisite Constitutional majority; the following bills of the H01,1se:
A bill to create liens for laundrymen, and for other purposes.
A bill to amend an Act for the creation and operation of local tax district schools.
A bill to provide for the regular exchange between Georgia and other States of State documents, .etc., and for other purposes.
A bill to allow common carriers to grant passes to former employees under certain conditions, and for other purposes.
A bill to amend Section 982, Volume 1, of Code of Georgia of 1895, so as to add Homerville, Clinch County, to list of Depositories.
A bill to provide that there shall be two Assistant State Librarians a:o:d to :6x their salaries.

WEDNESDAY, AUGUST 11, 1909.

~- ~. i
1445

.,
A bill to fix the amount of solvent assets '.Which
mutual, aid, benefit and industrial life insurance companies shall have and maintain, etc.

A bill to amend Section 982, Volume 1, Code of Georgia 1895, so as to add Chipley, Harris County, to list of State Depositories.

A bill to appropriate $10,000 to State Board of Entomology for 1910-1911, to be used in experimental work.

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

A bill to delegate to Counties having a city of not less than 54,000 nor more than 75,000 people, full power and authority over sanitation within the County.

A bill to authorize any County having a city of not less than 54,000 nor more than 75,000 people to lay out, maintain and regulate a system of drainage, etc.

A bill to amend an Act authorizing the municipal authorities of any city having not less than 54,000 nor more than 75,000 people to establish and maintain a farm for persons convicted of minor misdemeanors.
A bill to authorize municipal authorities of any city having between 54,000 and 75,000 inhabitants to
: .

1446

JouRNAL oF THE HousE.

establish and maintain a sanitarium for the care of tuberculosis, etc.
A bill to amend an Act relating to appropriations to public libraries by the County of Bibb.
A bill to create a new Charter for the City of Jackson.
A bill to provide funds arising from the license tax on imitation beer, etc., shall be made available for the general expense of the State.
A bill to amend the Charter and extend corporate limits of' Calhoun, Gordon County.
A bill to provide for additional funds for the support of Agricultural and Industrial Schools.
A bill to create in this State the office of Corporation Clerk.
A bill to require the Board of Roads and Revenues of Stewart County to pay to the officers of Superior Court of Stewart County and the City Cour: of Lumpkin a reasonable compensation.
A bill to repeal an Act creating a County Court in each County in the State.
A bill to prohibit the sale of near beer in Shellman, Ga.

WEDNESDAY~ AuGusT 11, 1909.

1447

A bill to prohibit the sale of near beer in the County of Johnson.
A bill to change the time of holding the Superior Court of Liberty County, in the Atlantic Circuit.
A bill to prohibit the sale of near beer, etc., in Telfair County.
A bill to amend an Act granting a Charter to the City of Athens, so as to provide a public hospital and method of raising the funds, etc.
A bill to incorporate the town of Michells, Pulaski County.
A bill to authorize the establishment, etc., of public schools in the town of Martin.
A bill to make an appropriation to the Board of Health for the manufacture of virus.
A bill to amend an Act incorporating the City of. 'Sylvester.
A bill to amend an Act amending the Charter of the City of Sylvester.
A bill to amend the Charter of Sylvester so as to extend the corporate limits.
A bill to amend the Charter of Poulan.

1448

,JouRNAL oF THE HousE.

A bill to provide for shipping and keeping with the Ordinaries by the State Board of Health, diphtheritic antitoxine.
A bill to amend, etc., all Acts incorporating the City of Sylvania.
A bill to amend the Charter of the City of Toccoa so as to change the term of the Mayor.
A bill to authorize the Rome and Northern R. R. to cross the tracks of the W. & A-. R. R.
A bill to establish the City Court of Lumpkin.
A bill to .amend an Act fixing the corporate limits of the City of Ocilla.
A bill to establish public schools in and for the City of Helena, Ga., and for other purposes.
A bill to levy a tax as required by the Constitution to raise the sinking fund to pay off and retire the valid bonds of the State as they mature.
A bill to repeal an Act incorporating the town of Clayton, Rabun County.
A bill to incorporate the City of Clayton, 'Rabun County.
A bill to create a Board of Roads and Revenues for the County of Wilkinson.

WEDNESDAY, AuGusT 11, 1909.

1449

A bill to create a Board of Commissioners of Roads and Revenues for the County of Wilkinson to provide their election, etc.
A bill to amend an Act approved August 23, 1905, also an Act establishing the City Court of Eastman.
A bill to incorporate the City of Commerce.
A bill to incorporate the town of Alamo, Montgomery County.
A bill to amend the Charter of Adairsville so as to provide for establishing public schools.
A bill to amend an Act est~blishing the City Court of Abbeville.
A bill to amend the Charter of Jefferson so as to provide for a system of electric lights and water works.
A bill to incorporate the town of Woolsey, Fayette County.
A bill to amend the Charter of Lumpkin, Stewart County.
A bill to amend, etc., the se':"eral Acts incorporat~ ing the town of Austell, Cobb County.
A bill to amend an Act establishing the City Court of Quitman.

1450

JouRNAL OF THE HousE.

Also,
The Senate has adopted the following resolutions by the requisite Constitutional majority:
A resolution to pay a pension to Mrs. Susan P. Ford.
A resolution to furnish to the County of Liberty, for the use of the Ordinary, such volumes of Georgia Reports as are missing or mutilated.
A resolution to pay Archibald McKinley pension due him.
A resolution to pay pension of Mrs. Lottie E. Coker, of Fulton County.
A resolution to reimburse Major J. D. Dunwoody $98.50 expended by him for the good of the service.
A resolution to pay W. L. "Williamson $100.00.
A resolution permitting Committee to visit School for Deaf during interim between s~ssions 1909-1910.
A resolution to provide for the meeting of the Committee on the Academy for the Blind of Senate and House for visiting said Academy while the Gen-
. eral Assembly is not in session.
A resolution for the r-elief of Claude Hancock and John Bruce.

,.,..,.

WEDNESDAY, AuausT 11, 1909.

1451.

Mr. Stubbs, Chairman of 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 authorize electric, street, suburban and interurban railroad companies to acquire the stock, property, rights and franchises of other such compames, and of companies formed to generate electricity.
An Act to repeal the Charter of Zebulon, in Pike County.
An Act to create a Charter for the City of Zebulon.
An Act to repeal the Act creating a County Court in each County in the State, so far as the same applies to the County of Pike.
An Act to amend the Act providing for the working of public roads in the County of Toombs.
An Act to amend Section 982, of Volume 1, of the Code of 1895, so as to add Homerville, in the County of Clinch, to the list of State Depositories.

1452

JouRNAL OF THE HousE.

An Act to establish the City Court of Hazlehurst.
An Act to amend an Act establishing the City Court of Wrightsville.
An Act to establish a system of public schools in the City of McDonough.
An Act to require the Board of Roads and R-evenu~s of Stewart county to pay to the officers' of the Superior Court of Stewart county and the City Court of Lumpkin, a reasonable compensation.
An Act to repeal an Act creating a Board of Roads and Revenues for the county of \Vilkinson.
An Act to divide the ten counties now composing the Brunswick Judicial Circuit and to form therefrom 2 circuits to be known as the Brunswick and Judicial Circuit.
An Act to amend the Act establishing the City Court of Statesboro.
An Act to amend the Act establishing the City Court of LaGrange.
An Act to amend Section 982 of the Code, so as io add Guyton in Effingham county to the list of State depositories.
\ An Act to ame~d the Charter of Cairo.

WEDNESDAY, AUGUST 11, 1909.

1453

An Act to provide for the establishment of a system of public schools for tp.e City of Darien.
An Act to amend the Act incorporating the City of Co1lins.
An Act to amend the Act establishing new Charter for the City of Dublin.
An Act to repeal the Act incorporating the town of Milwood.
An Act to legalize certain stock law fences m Georgia.
An Act to prohibit fishing in Little Tennessee River and its tributaries in Rabun. county.
An Act to amend the locl:!1 Act of 1906 relative fo water and lights for the City of Marietta.
An Act to amend the iocal Act of 1899 relative to water, light and sewerage of the City of Marietta.
An Act to amend Section 982 of the Code, so as to add the town of Summervi1le to the list of State depositories.
An Act to change the time of holding the Superior Court of Dodge county.
An Act to amend the Charter of the City of Ten, nille.



14rJ..t

JouRNAL OJ<' THE HousE.

An Act to increase the number of terms of the Superior Court of Richmond c~mnty.
An Act to amend the Charter of the town of Calhoun.
An Act to amend an Act to establish the City Court of Fitzgerald.
An Act to amend the Charter of the City of Brunswick.
An Act to establish the City Court of Nashville.
An Act to amend the Charter of the City of J efferson.
An Act to provide for keeping of diphtheritic antitoxin by the State. Board of Health.
An Act to allow common carriers to grant passes to former employees under certain conditions.
.An Act to amend Section 982 of the Code, so as to add Chipley to the list of State depositories.
An Act to incorporate the town of Woolsey.
An Act to amend the Constitution of Georgia, so as to allow Augusta to increase her bonded indebtedness beyond the amount now allowed.
An Act to provide that the Treasurer of Georgia shall be ex-officio Bond Commissioner.



WEDNESDAY, AuGusT 11, 1909.

1455

An Act to empower the Mayor and Aldermen of the City of Milledgeville to sell and convey certai;n portions of the streets.
An Act to provide for the removal of obstructions of all kinds from the creeks of Walton county.
An Act to reconvey certain grounds to the City of Milledgeville.
An Act to amend the Act fixing the time of adjournment of Superior and City Courts, so that the same shall not apply to the Superior Court in any county wherein such Superior Court has as many as six terms per year.
An Act to amend the Charter of the City of Clarkesville.
An Act to amend the Charter of the City of Forsyth.
An Act to authorize the town of Wrens to establish. a system of public schools.
An Act to create .a Board of Commissioners of Roads and Revenues in the county of Stewart:
An Act to amend an Act creating a Boarcl of Commissioners of Roads and Revenues for the county of Dooly.
'.

1456

J OURI><-'.AL OF THE HousE.

An Act to delegate to counties having a city of not less than 54,000 nor more than 75,000 inhabitants full power and authority over sanitation within the county.
An Act to establish the City Court of Sylvania.
An Act to authorize and require the Commissioner of Pensions to pay the widows of deceased pensioners the pensions due such deceased pensioners.
An Act to establish a new Charter for the City of Atlanta.
An Act to change the time of holding the Superior Court of Liberty county.
An Act to amend the Charter of ithe City of Poulan.
An Act to authorize the Mayor and Council of the City of Roswell to issue bonds.
An Act to repeal the Act incorporating the town of Yonkers.
An Act to require the Coromissioners of Roads and Revenues of Dooly county to work the public roads within the municipalities of said county.
An .A..ct to amend the Act establishing the City Court of Leesburg.

WEDNESDAY, Aum;rsT 11, 1909.

1457

An Act to provide a new Charter for the City of Darien.
An Act to amend the several Acts incorporating the town of Wadley.
An Act to amend the Charter of the City of 'l'occoa.
An Act to repeal the Act creating a County Court in each county of the State of Georgia, so far as the same applies to the county of Stewart.
An Act to amend the Act establishing the town of Gillsville.
An Act to prohibit the sale of near beer in the town of Shellman.
An Act to prohibit the sale of near beer in the county of Johnson.
An Act to make unlawful the sale of near beer in Telfair county.
An Act to amend the Act incorporating th~ City of Sylvester.
An Act to amend the Act amending the Charter. of the City of Sylvester.
An Act to amend the Charter of the City of Syl-
vester.

1458

JOURNAL OF THE HousE.

An Act to appropriate the sum of $80,000 for the purpose of building 2 negro reformatories, etc., upon lands of State farm in Baldwin county.
An Act to establish the City Court of Hazlehurst.
An Act to amend the Charter of the City of Macon.
An Act to amend the Charter of the City of Griffin.
An Act to prohibit the removal of any sand or dirt from the public roads of Spalding county.
An Act to levy a tax as required by the Constitution to raise the sinking fund to pay off and retire the valid bonds of the State as they mature.
An Act to repeal the Act incorporating the town of Clayton.
An Act to amend the Act incorporating the town of Rockmart.
An Act to amend the Charter of the town of Calhoun.
An Act to repeal the Act incorporating the City c.f Harmony Grove.
An Act to create a new Charter for the City of Jackson.

WEDNESDAY, AuGuST 11, 1909.

1459

An Act to provide that the fund arising from the license tax on near beer shall be made available for meeting the general expenses of the State.
An Act to make appropriations for the ordinary expenses of the Executive, Legislative and Judicial Departments of the State Government, etc.
An Act to incorporate the City of Glennville.
An Act to amend the Charter of the town of Calhoun.
An Act to provide for additional funds for the maintenance, support and equipment of the Agricultural and Industrial Schools established in pursuance of an Act approved August 8th, 1906, pro:. viding for the establishing of such schools.
An Act to create in this State the office of Corporation Clerk.
An Act to amend the Act creating the Board of Commissioners of Roads and Revenues for the county of Colquitt.
An Act to provide for the regular exchange between Georgia and other States of State documents, etc.
An Act to provide that _there shall be two assistant State Librarians.

1460

JouRNAL OF 1!-HE HousE.

An Act to fix the amount of solvent assets; which mutual aid, benefit and industrial life insurance companies shall have and maintain, etc.
An Act to appropriate. $10,000.00 to the State Board of Entomology for 1909-1910, to be used in experimental work on Black Root or Wilt Disease of Cotton.
An Act to eHtablish a new Charter for the town of Tennga.
An Act to amend an Act relating to appropriatio-ns to public libraries by the county of Bibb.
An Act to authorize the county of Mcintosh to issue bonds in a sum not' exceeding Sixty Thousand pollars for the construction and improvement of public roads and bridges in said county.
A -bill to regulate the salaries of stenographers in counties having cities of between 23,lJUU and 39,000 inhabitants.
A bill to authorize all counties having therein with a population of not less than 54,000 nor more than 75,000 inhabitants to raise by taxation for educationaL:purposes a sum sufficient to pay for material furnished and used in the construction of any public school building.
An Act to repeal. an Act incorporating the City of
Dalton.

WEDNESDAY, AUGUST 11, 1909.

1461

An Act to amend the Charter of the City of Atlanta.
An Act to amend the Charter of the City of Tifton.
An Act to amend an Act incorporating the town _ of Sparks.
An Act to amend the Act approved December 1st, 1893, so as to provide for establishing light Roads Districts in Laurens county.
An Act to provide for the codification of the laws of Georgia.
An Act amending an Act establishing a new Charter for the town of Calhoun.
An Act providing for the detachment of the county of Tattnall from the Middl~ Judicial Circu~t.
An Act to incorporate the City of Edison in lieu of the town of Edison.
An Act to repeal, so far as the same affects Heard county, the road law, approved December 24, 1896.
An Act to make unlawful the sale of near beer in the county of Ware.
An Act to amend the Act chartering the town of Lumpkin.

1462

JouRNAL OF TliE HousE.

An Act to amend the Charter of the City of Grif-. fin.
An Act to annually levy and collect a tax for the support of the State Government and the public institutions for educational purposes, etc.
An Act to authorize the establishment of a system of public schools in Lumber City.
An Act to amend the Act establishing the City Court of Abbeville.
.1\.n Act to protect the live stock of the State of Georgia from all contagious and infectious diseases.
An Act to authorize and empower the Rome and Northern Railway to cross the tracks of the Western and Atlantic R. R.
An Act relating to the liability of common carriers by railroad to their employees in certain cases.
An Act to authorize the municipal authorities of any city having a population of not less than 54,000 nor more than 75,000 to establish and maintain a sanitarium for the care and. treatment of tuberculosis, etc.
An Act to create a Board of Commissioners of Roads and Revenues for the county of Wilkinson.
An Act to amend the Act creating a Board of Commissioners of Glascock county.

WEDNESDAY, AuousT 11, 1909.

1463

An Act to amend a:n Act incorporating the City of
Ea~tman.
An Act to amend the Act establishing the City Court of Eastman.
An Act to amend the Charter of the City of Toccoa.
An Act to amend the Act of August 14th, 1908, entitled an Act to authorize the municipal authorities of any city having a population of not less than 54,000 nor more than 75,000 to establish a farm or other place of confinement for persons convicted. of minor misdemeanors.
An Act to authorize any county having a city of not less than 54,000 nor more than 75,000 to lay out, maintain, etc., a system of drainage, etc.
An Act to incorporate the town of Alamo.
An Act to amend the Act granting a Charter for the City of Athens, so as to provide for a publie hospital.
An Act to amend an Act incorporating tha town of Austell.
An Act to amend the Charter of the town of Adairsville.
An Act to establish a system of public schools in and for the City of Helena.

1464

JouRNAL OF THE HousE.

An Act to incorporate the town of Swords.
An Act to establish a system of public schools in and for the town of Dallas.
An Act to establish the City Court of Lumpkin.
An Act to establish a system of public schools in the town of Martin.
An Act to amend the Act creating a Bo:.nd of Commissioners of Roads and Revenues in ~:nd for the county of Irwin.
An Act to amend the Act establishing the City Court of Eastman.
An Act to amend the Act fixing the corporate limits of the City of Ocilla.
An Act to forfeit the license of certain insurance companies doing business in this State upon certai11 conditions.
An Act to establish a system of public schools in the town of Hiram.
An Act to fix and regulate fees of Justices of Peace of the Militia Districts of this State within the corporate limits of cities having a population of not less than 54,000 nor more than 80,000 inhabitants.

WEDNESDAY, AuousT 11, 1909.

1465

An Act to fix and regulate fees of c,onstables of

this State in Militia Districts within the corporate

limits of cities having a population of not Jess tlian



54,000 nor more than 80,000 inhabitants_.

An Act to create and establish the City Court of Zebulon in and for the county of Pike.

Also, the following resolutions, to-wit: .

An Act directing the purchase of land near Chattanooga for increasing the facilities of the Western and Atlantic Railroad.

An Act to pay pension to Mrs. Susan P. Ford.

An Act to furnish to the county of Liberty such volumes of the Georgia Rep<?rts as are missing or mutilated.

A resolution to pay the stenographers of the McLendon Investigation Committee.

A resolution to pay the Sergeant-at-Arms of the McLendon Investigation Committee.

A resolution calling for a joint committee to investigate certain charges against the State Sanitarium.

A resolution for the relief of Claud Hancock and John Bruce.

1466

JouRNAL OF THE" HousE.

A resolution permitting Committee to visit school for deaf during interim between sessions of 1909 and 1910.

A resolution to reimburse Major Jefferson Davis Dunwoody in the sum of $98.50, expended by him fo~ the good of the service.
A resolution to appropriate a sufficient amount of money to meet a deficiency in the amount available to meet the cost of publishing new volumes of Supreme Court and Court of Appeals Reports for the year 1909.
A resolution to pay penswn to Mrs. Lottie E. Coker.
A resolution to authorize the Governor to draw his warrant in favor of J. Pope Brown, Treasurer, for the sum of $4,812.51, the amount of decree against the State in case of R. E. Park, Treasurer, vs. Neal Bank.
A resolution to provide for meeting of Committees on Academy for Blind for the purpose of visiting and inspecting the academy while the General Assembly is not in session.
A resolution to provide for the payment to Chas. P. Byrd, State Printer of the sum of $550.00.
A resolution relating to unfinished business of ses::non.

WEDNESDAY, AuausT 11, 1909.

1467

A resolut'ion relating to unfinished busines~ of sesswn.

A resolution to provide for visiting convict camp~.

A resolution to pay pension to Mrs. F. E. Morg~m.

A resolution to empower the State Librarian to offer a 10 per cent. discount to certain book d~alers buying from the State Librarian.

A resolution in reference to joint Committee appointed for inquiring into the rearrangement of thf' .Judicial Circuits of this State.

A resolution to pay W. L. Williamson $100.00.

A resolution to pay pension to Archibald McKinley.

A resolution authorizing the Giovernor to have the Hall of the House of Representatives refinished, ek.

An Act to amend the Charter of the town of Maysville.

An Act to create a new Charter for the City of McRae.

An Act to incorporate the town of Arcade in the county of Jackson.

1468

JOURNAL OF THE HousE.

An Act to anieild, consolidate and supersede the several Acts incorporating the town of Sylvania.
An Act to amend the Charter of Adairsville m Bartow county.
An Act to incorporate and establish the City of Ellijay in the county of Gilmer.
An.Act to establish a new Charter for the town of Waycross.
An Act to amend, consolidate and supersede, the several Acts incorporating the town of Decatur.
An Act to, incorporate the City of Commerce.
An Act to incorporate the City of Rome.
An Act to incorporate the City of Clayton.
An Act to incorporate the village of East Thomaston.
An Act to amend the Charter of the City of LaFayette.
An Act to incorporate the town of Grovania.
An Act to incorporate the City of Rays Mill.
An Act to establish a new Charter for the City of Jeffersonville.

WEDNESDAY, AuGusT 11, 1909.

1469

An Act to incorporate the town of Mitchell's District.
An Act to create a Board of Commissioners of Roads and Revenues for the county of Madison.
An Act to incorporate the City of Summerville.
An Act to incorporate the. town of Grovetown.
An Act to incorporate the City of Manchester.
The following resolution was read and unanimously adopted, to-wit:

By Mr. Garlington, of Richmond-

Resolved by the House of Representatives of the State of Georgia, That the thanks of this body be extended the Hon. Jno. N. Holder, Speaker of this House for the able, conscientious and impartial man-
ner in which he' has presided over the deliberations
of this body.
Resolved further, That we extend our thanks to the courteous and efficient clerk, Hon. Jno. T. Boifeuillet, and Mr. D. F. McClatchey, Reading Clerk, and to all other officers for their kind and efficient services.
The Speaker announced the following Committee on Tax Valuations, etc,

1470

. JOURNAL OF THE HousE. I

Messrs. Reid, of Campbell; Hardman, of Jackson; Alexander, of DeKalb; Ellis, Lovejoy.

Mr. McMichael, of Marion, moved that the House adjourn sine die, which motion prevailed.

The Speaker then announced the House adjourned sine die.

INDEX
TO THE
HOUSE JOURNAL
FOR THE
YEAR 1909.

1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1
1 1 1 1

INDEX

HOUSE BILLS

ACCOUNTANTS-

PART 1.

To provide board for examination ol!. . . . . . . . . . . . . . 240 876

ADULTERATION-

To prohibit adulteration of foods, etc......... . . . . 251 889 To prohibit adulteration and misbranding of seeds
509 872 1260

AGRICULTURE, COMMISSIONER OF-

To create county commissioner of ............... .

443

To pay expenses of drug inspector ........... 482 511 534

AGRICULTURAL-
To encourage corn growing ...................... . 660 1017 To prevent misbranding of seeds, etc.. . . . . . . . 509 872 1260 To amend Act for Experimental Station .......... . 684 1151

APPEALS-

To allow in certain cases without payment of costs

566

APPEALS FROM DECISION OF CHAIR............

763

APPROPRIATIONS-

For new college building at Milledgeville..........

189

For heating State University. . . . . . . . . . . . . . . . . . . . .

229

Forerecting building at State Normal School. . . . . .

229

1474

lNDEX

A P P R O P R I A T I' O N S - ( C o n t i n u e d ) -

To pay R. J. Massey............................ .

239

To school for Deaf ............................. .

242

To Technological school ........................ .

244

To H. Yarborough ............................. . 255 954

To W. L. McMichael ........................... .

242

To State Board of Entomology . . . . . . . . . . . . . . 256 912 1071

To pay Will Kelly ............................. .

372

To pay Alex Appling .................... : ...... .

376

To Agricultural and Industrial College in South

Georgia .................................... .

446

To pay W. L. Williamson . . . . . . . . . . . . . . . . . . . 482 912 1245

To erect a building for treatment of tuberculosis ...

483

To pay S. P. Jones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

483

For dairy at University of Georgia...............

498

General appropriation bill 525 808 1011 1030 1034 1051 1405

To pay tax receiver of DeKalb county. . . . . . . . . . . . . .

560

To Experiment Station . . . . . . . . . . . . . . . . . . . . . . . . . .

599

For maintenance of Agr. and Ind. schools.... 599 913 1138

For Board of Health ....................... 749 1081 1242

For negro reformatories ............... 789 1017 '1075 1153

For Confederate monument . . . . . . . . . . . . . . . . . . . . . .

792

For monument to Gen. Joseph E .Tohnston........

881

To publish Supreme Court Reports................ 931 1267

To pay G. K. Vason for services. . . . . . . . . . . . . 931 981 1200

To pay Chas. P. Byrd . . . . . . . . . . . . . . . . . . . . . . . . . . . 953 1269

To pay Maj. J. D. Dunwoody . . . . . . . . . . . . . . . . . . . . 954 1261

'fo pay W. C. Allen ............................. 1017 1204

To pay D. 0. Smith and S. N. Titlebaum ...... 1015 1109 1206

To rebuild Resaca cemetery ..................... .

10~

To pay John Smith ............................ .

682

To pay Mitchell, Vance Co...................... .

708

ATTORNEYS-AT-LAW-

To define rights and powers of....................

447

/ TTORNEY-GENERAL-

Tu create office of assistant........ . . . . . . . . . . . . . .

23::

INDEX

AUDITORS-



To create office of State accounts.................

1475
235

AUTOMOBILES-

To regulate running of on State Highways ....... .

182 185 199 272 676 881 1238

Unlawful to use without consent of owner.........

185

To levy a special tax on. . . . . . . . . . . . . . . . . . . . . . . . . .

187

To register, etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24!1

To regulate running of in Bartow county. . . . . 876 1057 1405

. To regulate running of in Dade county. . . . . . . . . . . .

90[1

BANK BUREAUTo create in Trea.sury Department........... 720 1228 1237

, BANKS AND BANKING-

To secure depositors ........................... :.

664

BARBERSTo regulate business of

245 551

BARRATRY-

To make more specific crime of. . . . . . . . . . . . . . . . . . .

664

BEER-

To prohibit sale of in Miller county. . . . . . . . . . . . . . .

285

Tax derived from to go to general fund...... 462 492 1067

To place tax in school fund.................. 479 - 535 559

All persons to obtain license before selling. . . . . . . . 644 693

To prohibit sale of in Shellman.............. 661 1113 1159

To prohibit sale of in Randolph county..... . . . . . . .

1014

To prohibit sale of in Telfair county......... 683 1112 1209

To prohibit sale of in Johnson county........ 684 1114 1160

To prohibit sale of in Ware county . . . . . . . . . . . . . . .

1152

1476

INDEX

BETTING-(See Gambling).

BI-ENNIAL SESSIONS-

Of General Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . .

645

BILLS OF INDICTMENTWhen may be drawn by Solicitors-General. . . . . . . . . 464 955

BILLS OF SALETo foreclose in same manner as mortgages. . . . . . . . . 792 915

BLASTING POWDER-

To regulate sale of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

446

BOND8-

County .of Ware to issue . . . . . . . . . . . . . . . . . . . . 285 595 620

Treasurer to sign certain bonds . . . . . . . . . . . . . . 373 491 514

Roswell to issue ........................... . 525 766 719

County of Mcintosh to issue. . . . . . . . . . . . . . . . . 789 915 926

Guyton to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

791

BURGLARS TOOL8To prohibit making or mending.............. 268 595 1274

CERTIFICATES OF BANK STOCKTo establish in lieu of lost certificates............. 189 1036

CHARTERs-

To create new charter for the city of Albany ..... . 237 499

To create new charter for the city of Newnan 251 555 576

To create new charter for Eton ...... - _. . . . . . 263 738 694

';!'~ amend cha~ter of Griffin .. , .... ,,, .. , ... , ... ,,

~6~

INDEX

1477

CHARTERS-(Continued)-

To amend charter of Bronwood. . . . . . . . . . . . . . 269 740 694

To amend charter of Tifton . . . . . . . . . . . . . . . . . 270 1112 1152

To amend an Act to create new charter for Monroe

271 555 583

To amend charter of Williamsville .......... . 272 555 583

To amend charter of LaFayette . . . . . . . . . . . . . . 321 741 1253

To amend charter of Fairburn . . . . . . . . . . . . . . 371 534 554

To amend charter of Chipley ............ .'. . . 384 554 580

To create new charter for Jackson. . . . . . . . . . . 443 1112 1157

To create new charter for McRae. . . . . . . . . . . . 444 766 725

To amend charter of Forsyth . . . . . . . . . . 446 591 624 1115

To amend Act to create new charter for Atlanta

450 451 592 628 879 925 987

To amend charter of Fairburn. . . . . . . . . . . . . . . 461 513 581

To amend charter of Logansville............. 463 554 581

To amend charter of East Point...................

479

To create new charter for Albany. . . . . . . . . . . . . . . . . 237 499

To amend charter of Palmetto..... 525 526 589 590 632

To amend charter of Greenville.............. 542. '590 631

To amend eharter of Calhoun ................ ~ . . .

565

To amend charter of Grantville. . . . . . . . . . . . . . . . . . . 589 627

To amend eharter of Clarkesville. . . . . . . . . . . . 641 679 736

To amend charter of Gillsville. . . . . . . . . . . . . . . 664 769 724

To amend charter of Tennga ............... .

739 694

To repeal Act to repeal charter of Zebulon ... . 74!} 914 959

To create new charter for Zebulon .......... . 749 915 960

To amend charter of Sylvester. . . . . . . . ... . . . . . 750 1112 1165

To amend charter of Calhoun 751 812 916 968 1038 1110

To amend charter of Cairo ..... : . . . . . . . . . . . . 790 872 888

To amend charter of Dublin............ 791 871 961 1254

To amend charter of Brunswick. . . . . . . . . . . . 792 870 962

To amend charter Tennille. . . . . . . . . . . . . . . . . 794 915 924

To amend charter of Toccoa........... 844 880 1097 1098

To create new charter for Jeffersonville. . . . . 844 916 964

To amend charter of Calhoun. 845 872 964 1036 1102 1161

To amend charter of Macon. . . . . . 846 889 1153 1405 1443

To provide new charter for Darien. . . . . . . . . . 682 870 886

To create new charter for Waycross... 708 870 888 1253

To create new charter for Maysville........ 707 878 924

To amend the charter of Griffin... 882 1036 1079 1151 1214

To amend the charter of Adairsville. . . . . . . . 1015 1112 1161

To amend the charter of Statesboro .................. 1015

1478

INDEX

CHARTERS-(Continued)-

To amend the charter of Jefferson ..... 1039 1040 1081 116:1 To amend the charter of Lumpkin .......... 1096 1150 1211 To amend the charter of Poulan ................. 1110 1164 To amend the charter of Athens ............ 681 1112 1159 To amend the charter of Atlanta ........... 1127 1150 1215 To amend the charter of Augusta ............... 684 1182 To amend the charter of LaFayette . . . . . . . . . . . . . . 693 1253

CHECK8-

Misdemeanor to pass worthless checks.. 501 561 879 1114

CLERKS OF SUPERIOR COURTS-

To prescribe duties of. . . . . . . . . . . . . . . . . . . . . . . . . .

183

To report quarterly to Attorney-General. . . . . . . . . .

246

CODE-

To codify laws.................. 189 197 912 1220 1223

To provide for commissioners to codify.......... 198 273

To provide for a new Code. . . . . . . . . . . . . . . . . . . . . .

465

COCA-COLA-

Declared a poisonous drug. . . . . . . . . . . . . . . . . . . . . . .

660

CODE AMENDMENTS-

To amend section 4550 of the Code ............. . 188 593

To amend section 4556 of the Code .............. .

190

To amend section 4518 of the Code .............. 190 593

To amend section 4580 of the Code ............. . 190 593

To amend section 4514 of the Code ............. .

195

To amend section 4467 of the Code (Civil) ....... . 196 593

To amend sections 3304, 3305, 3306, 3524, Volume 2,

of Code ..................................... .

196

To amend section 872, Penal Code .............. .

196

To amend section 3828 of the Code . . . . . . . . . . . . . . 200 724
1'9 11mend sl)ction 2615, Volume 2, of the Code .... . 200 ~H

INDEX

1479

CODE AMENDMENTS-(Continued)-

To amend sect{on 982, Volume 1, of Code (Homer-

ville) ' ,v .. , . . . . . . . . . . . . 230 877 1019

To amend section 5261, Volume 2, of the Code. . . .

231

To amend section 3221, Volume 2, of the Code. . .

231

To amend section 4707, Volume 2, of the Code. 232 876 1272

To amend sections 5260 and 5261 of Civil Code.... 232 723

To amend section 671, Volume 3, of the Code. 237 1272 c:5

To amend sections 5520, 5521, I...J22 of the Code 238 511 530

To amend section 220 of Criminal Code. . . . . . . . . .

238

To amend section 4815 of tne Code. . . . . . . . . . . . . .

239

To amend section 4813 of the Code. . . . . . . . . . . . . . .

239

To amend section 4788 of the Code............... 243 912

To amend section 3250, Volume 2, of the Goue... 245 876

To amend section 2013 of the Code. . . . . . . . . . . . . . 248 912

To amend section 2805 of the Code....... . . . . . . .

248

To amend section 982, Volume 1, of the Code (Guy-

ton) ............................... 250 877 1020 1097

To repeal section 4147, Volume 2, of the Code......

251

To amend section 4646, Volume 2, of tne Code. . . .

262

To amend section 388 Volume 3, of the Code. . . . .

254

To amend sections 839, 840, 842 of the Code, Vol

ume 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

254

To amend section 982, Volume 1, of the

Code ............... ' . . . . . . . . . . . . . . . 256 878 1020 725

To amend section 3471, Volume 2, of the Code .... . 260 594

To amend sections 220 and 221 of the Code . . . . . . . .

263

To amend section 97, Volume 1, of the Code .... .

264

To amend section 70, Volume 1, of the Code ......

264

To amend section 5404 of the Code . . . . . . . . . . . . . . . 267 721

To amend section 5403 of the Code .............. . 267 913

To amend section 526 of Political Code; ........ .

269

To amend section 220 of Penal Code . . . . . . . . . . . . .

273

To amend section 341 of Penal Code ............ .

276

To amend section 4237, Volume 2, of the Code ... .

321

To amend section 221, Volume 3, of the Code ..... .

321

To amend section 4147, Volume 2, of the Code .... .

322

To amend section 1900, Volume 2, of the Code ....

322

To amend section 1366, Volume 1, of the Code .....

322

To amend section 1354, Volume 1, of the Code..... 323 954

To amend section 2864, Volume 2, of the Code .... 371 878

To amend section 396 of Penal Co.de. . . . . . . . . . . .

373

1480

INDEX

CODE AMENDMENT8-(Continued)-

To amend !lections 3828 and 3829, Volume 2, of the Code .. '..................................... .
To amend section 680 of Civil Code ............. To amend section 4130 of the Code .............. To amend section 346, Volume 1, of the Code .... . To amend section 2779 of the Code ............. . To !!mend section 2780 of the Code .............. . To amend section 2783 of the Uode . . . . . . . . . . . . . . To amend Act to amend section 1378, Volume 1, of
the Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To amend section 3125 of the Code ........,....... To amend section 5262 of Civil Code............. To amend section 1642, Volume 1, of the Code.... To amend section 2060, Volume 1, of the Code.... To repeal section 2743 of the Code. . . . . . . . . . . . . . To repeal section 1366 of the Code. . . . . . . . . . . . . . . To amend section 3359, Volume 2, of the Code. . . To amend section 574, Volume I, of the Code..... To amend certain sections (by Moss,.. . . . . . . . . . . . To amend section 420 of the Code............... To amend section I354, Volume I, of the Code. . . . To amend section 3I49, of the Code. . . . . . . . . . . . . To amend section 1778, Volume I, of the Code ... : To amend section 2502, Volume 3, of the Code. . . . . To amend section 554 of the Code................ To amend section I88 of the Code.. . . . . . . . . . . . . . . To amend section 4429 of the Code. . . . . . . . . . . . . . . To amend section 326 of the Code. . . . . . . . . . . . . . . . To amend sections 4387, 4388, 4390, 439I, 4392, 4393,
4395, and I099, 110I, 1102, Volume 3, of the Code. To amend section 2059, Volume I, of the Code..... To amend section 404, volume I, of the Gode. . . . . To amend section 220 of the Code. . . . . . . . . . . . . . . . To amend sections I778 and I78I of the Code...... To amend sections 382 and 383, Volume I, of the
Code ....................................... . To repeal Act to amend sections 1778 and I78I of
the Code ................................... . To amend section I378, Volume I, of the Code .... . To amend section I9IO of Civil Code ............. . To amend section II20 of Penal Code ............ . To amend section I777, Volume I, of the Code ... . To amend section 982, Volume I, of the Code ... .

374 377 433 433 677 435 435 435
436 437 442 445 591 462 462 464 466 499 501 507 528 542 543 545 643 874 663 664 665
764 707 774
790 79I 8IO
844
847 954 683 I037 683 706 707

INDEX

1481

COLONIAL RECORDS-

To furnish schools, etc.. . . . . . . . . . . . . . . . . . . . . . . .

377

COMMITTEES-8PECIAL---

To escort speaker to chair. . . . . . . . . . . . . . . . . . . . . . To escort clerk to desk......................... To notify Governor of organization. . . . . . . . . . . . . . . To select a chaplain ...................... , .. :. . . On inauguration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To investigate right of Ben Hill county to repre-
sentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To investigate suspension of S. G. McLendon..... On rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standing committees . . . . . . . . . . . . . . . . . . . . . . . . . . . To re-arrange judicial circuits. . . . . . . . . . . . . . . . . . . To investigate culture of fish and oysters......... On codification of laws......................... To investigate charges against State Sanitarium... On tax valuations, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 14 16 161 162
172 380 383 388 427 588 1412 1443 1470

COMMUNICATIONS-

From S. G. McLendon. . . . . . . . . . . . . . . . . . . . . . . . . . . 280 287

From Jno. L. Hopkins . . . . . . . . . . . . . . . . . . ~........

453

From A. W. Force .................. . . . . . . . . . . . .

493

From Royal Daniel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

933

COMMISSIONERS OF ROADS AND REVENUES-
To create office of in Coffee county .......... 233 593 607 To repeal Act to create for Coffee county ... 233 593 607 To amend Act giving power to discontinue roads,
etc. ........................ 254 814 916 927
To pay commissioners of Gordon county ...... 255 502 533 To abolish in Putnam county .......... 266 448 516 972 To create office of in Putnam county ........ 267 448 517 To amend Act relative to of Webster county .. 371 502 534 To create for Henry county ................. 446 591 623 To repeal Act to create for Cherokee county .. 479 592 625 To amend Act to create fo~ Hall county. 480 552 582 759 To create office of for Telfair county . . . . . . . . 501 589 627' 'l'o amend Act to create for Telfair county .. 502 589 627

1482

INDEX

COMMIS!;IONERS OF ROADS AND REVENUEB(Continued)-

To provide compensation for for Mitchell county. .

502

To create for Douglas county. . . . . . . . . . . . . . 526 615 629

To repeal Act creating for Johnson county. . . 542 590 632

To amend Act creating for Turner county. . . 543 590 632

To amend Act to create for Colquitt county. . 642 769 720

To repeal Act to create for Butts county. . . . . . . . . 643 679

To create office of for Butts county... 644 678 741 734

Of Stewart county to pay for convicts.... 645 1137 1158

To amend Act to create for Fulton county.......

748

To amend Act to create for Dooly county 707 753 914 967

To create for county of Madison............ 681 770 722

To create for county of Irwin. . . . . . . . . . . . . . 811 1016 1105

To amend Act to create for Stewart county. . 847 916 969

To create for Jeff Davis county............. 881 1013 1098

To repeal Act to create for Wilkinson county. . . . 931 1037

To create board of for Wilkinson county. . . . 931 1099 1100

To repeal Act to create for Wilkinson county. . . .

1037

To create board for Glascock county ....... 1063 1112 1163

To amend Act to create for Liberty county ...... 1096 1230

COMMITTEES OF CONFERENCE-
On Senate Resolution No. 11. . . . . . . . . . . . . . . . . . . On near beer tax...............................

1412 1416

CONSTITUTIONAL AMENDMENTS-

To amend so as to limit appeals ................. 181 694

To amend so as to provide for biennial sessions ...

182

To amend so as to authorize issue of bonds .......

183

To amend article 7, section 2, paragraph 2, of ... 185 593

To amend paragraph 1, section _7, article 7, of. 188 615 698

To amend paragraph 3, section 4, article 3, of .... . 200 1110

To amend paragraph 8, section 1, article 5, of...... .

234

To amend so as to increase salary of Comptroller-

General ...................................

235

To amend so as to increase the borrowing power of

the Governor ............................... .

235

To amend paragraph i, section 1, article 3, of .. .

241

To amend paragraph 2, section 2, article 7, of ..... .

243

To amend section 7, article 6, of ............

246

INDEX

1483

CONSTITUTIONAL AMENDMENTS--(Continued)-

To amend paragraph I, section 2, article 3, of .... . 25I 87i

To amend paragraph 3, section 4, article 3, of ..... .

254

To amend section 4, article 2, of . . . . . . . . . . . . . . . . . .

24I

'lo amend paragraph 11, section 2, article I, of ... . 259 956

'l'o amend section I, article 7, of . . . . . . . . . . . . . . . . . 263 676

To amend section I, article 8, of ................ . 263 676

To amend so as to give judges of Superior Court

power to grant corporate privileges ........... .

274

'lo amend so as to exempt from taxes farm products

274

To 'amend so as to provide biennial sessions ..... .

275

To amend section 3, article 3, of ............... .

276

'lo amend paragraph 2, section ll, article ll, of ..

277

To amend paragraph 8, section 2, article 6, of ..... .

372

To amend paragraph I, section 3, article 7, of .... .

44I

To put into effect the Act to amend paragraph I,

section I, article 7, of . . . . . . . . . . . . . . . . . . . . . . . . . 449 551

To put into effect paragraph 5, section I, article 11,

of .......................................... . 5I3 955

To amen~ paragraph 2, section I, article 21 of .... . 748 956 To amend para.graphs I and 2, section 11, article 6,

of, solicitors-general abolished ................ .

764

To amend paragraph I, section I3, article 6, of,'

solicitors-general abolished ................... .

764

To amend paragraph I, section I4, article 6, of

solicitors-general abolished ................... .

764

To amend section I, article 5, of. . . . . . . . . . . . . . . . .

793

To amend paragraph I, section I, article 7, of. 8I2 I074 1130

'o amend paragraph 2, section I, article 11, of 683 685 709

CONSTITUTIONAL CONVENTIONTo provide. for................................... 237 662

~ONFEDERATE SOLDIER&-

To commemorate devotion to duty.... . . . . . . . . . .

750

CONTRACTS, NOTES, ETC.Valid when executed by a minor................. 643 956

1484

INDEX

CORPORATIONS-

To amend Act relative to condemning rights of way,

etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 273

Regulating the incorporation of by Superior Courts.

234

To amend an Act to incorporate Hapeville. . . . . . . .

246

To require industrial. corporations to furnish state

ments of resources and liabilities...............

271

CORP-ORATION CLERK-

To create the office of ...................... 601 693 1220

CORPORATIONS-MUNICIPAL--

To amend Acts to incorporate Pepperton. . . . 198 873 1080

To incorporate the town of Fry. . . . . . . . . . . . . 252 553 576

To amend Act to incorporate town of Cadwell. . 258 553 576

To amend Act to reincorporate Thomasville.. 269 554 582

To amend Act to reincorporate Patten...... 269 553 583

To amend Act. to reincorporate Ty Ty. . . . . . . . 270 553 586

To amend Act to reincorporate Grovetown... 374 615 621

Macon to sell certain portions of streets and

alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 871 922

To incorporate town of Avalon. . . . . . . . . . . . . . 442 591 623

To amend Acts to incorporate Rome. . . 445 511 584 1115

To incorporate city of Ellijay . . . . . . . . . . . . . . . . . . . 445 958

To repeal Act to incorporate Oakland City. . . 450 854 967

To repeal Act to incorporate town of Maples ....... . 415 724

To amend Act to incorporate Brinson. . . . . . . . 461 695 741

To amend Act to incorporate Decatur. . . 463 592 616 626

To amend Act to repeal Act to incorporate Wrights-

ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464 695 741

To incorporate town of Grovania........... 481 592 626 Au~sta to condemn property to lay water pipes. 492 503

To incorporate city of Manchester. . . . . . . . . . 498 871 966

To incorporate town of Five Forks. . . . . . . . . . 501 877 965

To incorporate town of Choring ................. .

508

To incorporate town of Grantville ............... .

508

To amend Act to incorporate Blairsville . . . . .. 543 678 737

To amend Act to incorporate Unadilla....... 544 767 723

To incorporate Glennville . . . . . . . . . . . . 545 591 630 1253

To incorporate Lithonia. . . . . . . . . . . . . . . . . 560 767 720

INDEX

1485

CORPORATION8-MUNICIPAL---(Continued)-

To incorporate Rays j_u_ill ................... 561 591 630

To all).end Act to incorporate Eastman . . . . . . . 565 768 721 To incorporate town of Arcade ........ 566 768 771 719 To extend corporate limits of Martin ........ 566 678 736

To repeal Act to incorporate Whitfield ...........

590

To incorporate town of Piedmont ........... 601 914 959

To incorporate town of Swords, ............. 641 771 724

To incorporate East Thomaston ............. 642 678 734

To repeal Act to incorporate East Thomaston. 642 678 734

To amend Act to incorporate Cumming .........

645

To amend Act relative to water and lights for

Marietta 0 660 661 854 869 925 926. To incorporate Summerville. . . . . . . . . . . . . . . . . 663 770 720

To expend money for advertising. . . . . . . . . . . . . . . . . . 664 872

Certain cities to establish oM discontinue system of

drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

676

Certain cities granted authority over sanitation. . . .

677

Certain cities to maiv' ain farm. . . . . . . . . . . . . . . . . .

677

To incorporate town of Mitchells. . . . . . . . . . . . 680 1037 1099

To amend Act to incorporate Tallulah Falls....... 749 870

To amend A~t to incorporate Poulan.............

751

To ame:P-' _._ct to incorporate Sylvester.. 751 1113 1158 1164

To amend Act to incorporate Lawrenceville ..... .

. . . . . . . . . . . . . . . . . . . . . . 752 753 871 914 924 927

""o amend Act to incorporate Barwick. . . . . . . . . . . .

789

To amend Act to incorporate Sylvania....... 790 957 1106

To repeal Act to incorporate Younker. . . . . . . 790 873 966

To repeal Act to incorporate Carnesville. 791 870 874 875

To incorporate city of Carnesv1lle........... 791 874 885

To repeal Act to incorporate Millwood....... 793 871' 962

To repeal Act to incorporate Boynto'n. . . . . . . . . . . .

~45

To extend corporate limits of Summerville... 847 916 968

To amend Act to incorporate Sparks........ 709 870 963

To amend Act to incorporate Edison. . . . . . . . 684 874 960

To incorporate city of Gilmer. . . . . . . . . . . . . . . . . . . .

870

To amend Act to incorporate Collins......... 881 1038 1102

To amend Act to incorporate Wadley. . . . . . . . 882 933 1040

To amend Act to fix corporate limits of Ocilla. 882 1110 1164

To incorporate city of Helena...................

910

To empower Milledgeville to sell certain streets

and alleys ....... , . . . . . . . . . . . . . . . . . . . . . . 929 981 1099

To repeal Act to incorporate Clayton. . . . . . . . 929 1150 1212

1486

INDEX

CORPORATIONS-MUNICIPAL-( Continued)-

To incorporate city of Clayton............. 929 1110.1162

To repeal Act to mcorporate Crawford........... 979 1197

To incorporate city of Crawford................. 980 1197

To incorporate city of Commerce ............ 1014 1111 1152

To incorporat"e town of Brooks.................

1014

To incorporate town of Alamo . . . . . . . . . . . . . . . 1016 1151 1211

To amend Act to mcorporate Rockmart ...... 1015 1111 1162

To amend Act to incorporate Leslie ......... 1039 1230 1282

To repeal Act to incorporate Harmony Grove. 1039 1112 1~63

To incorporate town of Woolsey............ 1128 1150 1214

To consolidate Acts to incorporate Austell ........ 1150 1029

To incorporate Hapeville. . . . . . . . . . . . . . . . . . . . . . . .

723

COUNTIES AND .COUNTY MATTERS-

Commissioners of Bibb county to pay attorney's

fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 1019 724

To provide uniform system of bookkeeping in

counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

230

To furnish Georgia Reports to clerk of Liberty

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 1199 694

To fix salaries of county treasurers. . . . . . . . . . . . . . . .

265

To remove <>\Jstructions from streams of Walton

county ............................. 272 595 62~ 1253

To amend Act relative to libraries in Bibb

county ............................. , . . . . . 444 955 977

To prohibit butchering cattle in Mitchell county

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 591 624

To ueate county police force for Chatham

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526 589 629

Counties to raise money by taxation for materials

used in schools. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662 1041

To furnish Georgia Reports to Lee. county........

846

To provide manner of selecting official news

papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 914 681

COUNTY LINES, BOUNDARY LINES, ETC.-

Relative to changing . . . . . . . . . . . . . . . . . . . . . . . . . . . .

230

To repeal Act relative to changing. . . . . . . . . . 237 513 529

To change between 326 district in Twiggs county. .

443

INDEX

1487

COUNTY DEPOSITORIEs-

To provide for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

259

COURTS-

To create city court of Milledgeville. . . . . . . . 187 490 510

To abolish county court of Baldwin county. . 187 490 510

To amend Act to create city court of Statesboro

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 742 693

To amend Act to create city court of CarroU-

ton .................................... : 199 614 673

Relative to number of terms of Superior Court of

Chatham county. . . . . . . . . . . . . . . . . . . . . . . . . . 202 614 674

To amend Act to create city court of Moultrie 233 511 529

To change time of holding Sperior Court of Greene

county ................................... 254 491 514

To fix time of adjournment of Superior courts 246 722 976

To change time of holding Superior Court of Greene

county ..................................... .

254

To abolish county court of Irwin county . . . . 256 554 579

To create city court of Ocilla . . . . . . . . . . . . . . 257 554 579

To amend Act to create city court of Dublin. . 258 492 515

To repeal Act to create city court of Daniels-

ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 773 813

To amend Act to create city court of Miller

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 553 581

To abolish city court of Mt. Vernon . . . . . . . . 263 553 586

To amend Act to create city court of Sylvania 267 772 885

Supreme and Superior Courts to consider questions

presented in bills of. exceptions ............. .

268

To amend Act to create city court of Thomas

ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 595 608

To amend Act to create city court of Tifton. . 270 595 608

To provide two weeks session for Superior Court

of Toombs county ........................... . 270 615

To amend Act to establish city court of Ashburn .. 271 913

To repeal Act to create city court of Dalton 276 511 533

To amend Act to create city court of Hall

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 552 575

To amend Act to create. city court of Calhoun

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 492 517

To change time of holding Superior Court of Wilkes

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378 491 516

1488

INDEX

UOURTS-(Continued)-

To change time of holding Superior Court of

Douglas rouitt:- . . . . . . . . . . . . . . . . . . . . . . . . . . 384 552 580

To amend Act to create city court of Vienna. . 445 813 721

To create city court of Canton ................. .

480

To abolish city court of Ashburn . . . . . . . . . . . . 501 616 738

To repeal Act to create city court of Hamilton 507 589 686

To amend Act to create city court of Sylvester 544 615 739

To change time of holding Superior Court of Dodge

county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560 879 1018

To amend Act to create city court of Wrights-

ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 696 7R6

To repeal Act to create city court of Barnes-

ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602 913 975

To increase number of terms of Superior Court of

Richmond county . . . . . . . . . . . . . . . . . . . . . . . . 602 872 1020

To repeal Act to create county court of Stewart

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 644 873 1100

To amend Act to create city court of Baxley. . . . . .

663

To amend Act to create city court of Leesburg 663 869 887

To amend Act to create city court of Fitz-

gerald ............. '".................. 748 955 1012

To create city court of Zebulon . . . . . . . . . . . . 748 915 975

To abolish county court of Pike county. . . . . . . 752 915 974

To provide two weeks session of Superior Court

of Toombs county . . . . . . . . . . . . . . . . . . . . . . . . . . . .

765

To amend Act to create city court of Columbus 685 772 887

To abolish county court of Jeff Davis county 810 956 1013

To create city court of Hazlehurst.......... 810 956 1017.

To create city court of Lumpkin. . . . . . . . . . . 845 917 1101

To amend Act to create city court of Quit-

. man . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 846 1151 1210

To amend Act to create city court of La

Grange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 847 916 923

To create city court of Cordele . . . . . . . . . . . . . . . . . 848 884

To abolish city court of Cordele . . . . . . . . . . . . . . . . 848 885

To amend Act to create city court of Blakely. . . . 883 976

To amend Act to create city court of Nash-

ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709 914 1104

To amend Act to create city court of East-

man . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 953 1016 1101

To amend Act to create city court of Abbe-

ville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1059 1127 1213

INDEX

1489

COURT8-(Continued)-

To change time of holding Superior Court of Lib-

erty county ............. -................ 681 1114 1209

To amend Act to create city court of Sylvester. . . .

1380

CRIMINAL LAW8-

Accused persons competent to testify . . . . . . . . . . . .

236

Defendants right to make statement abolished. . . .

248

To separate pleas of lunacy from plea to merits....

250

To assess punishment of persons convicted of

crime .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 491 557

To make the wife competent witness against hus-

band . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

257

Defendants in county and city courts to demand

committal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

377

COTTON SEED AND MEAL-

Meal to be branded according to quality

261 555 585

To regulate grading of. . . . . . . . . . . . . . . . . . . . . . . . . . .

509

DEATH8-

To register

190 553 671

DEEDS-

Deeds to secure debt . . . . . . . . . . . . . . . . . . . . . . . . . . .

240

Certified copies of as evidence . . . . . . . . . . . . . . . . . .

252

To provide proof of execution of ........... .....

259

To record certified copies of . . . . . . . . . . . . . . . . . . . . . 260 594

To assign to secure debts . . . . . . . . . . . . . . . . . . . . . . . .

526



DENTISTRY-

To amend laws regulating . . . . . . . . . . . . . . . . . . . . . . . . 255 725

DEPOSITORIES-

'l'o provide for cc;:mnt;r ... , ... , ........ , .. , .... ,

;!.037

1490

INDEX

DIPTHERITIC ANTITOXINE-

To keep with Ordinaries

774 878 1186

DISPENSARIESTo wind up affairs of Blakely dispensary. . . . . . 561 695 735

DOGS-

To tax . . . . . . . . . . . . . . . . . . . . . . . . . 370 373 442 450 596

To protect persons from ................. , . . . . . . 376 565

To muzzle

378

DRAINAGECertain cities to maintain

434 1118

DRUG INSPECTORTo pay expenses of ............ ~ . . . . . . . . . . . 482 511 534

DRUGS-SEE MEDICINES

DRUNKENNESS-

To prohibit on public highways . . . . . . . . . . . . . . . . . 480 592

EDUCATIONAL-

To encourage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

265

To compel attendance between certain ages

273 614

ELECTIONS AND ELECTION LAWS-

Of U. S. Senator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To repeal Act to register in special elections...... To regulate registration of voters . . . . . . 665 884 To provide qualifications of managers of . . . . . . . . . .

427 665 956 1246 ' 789 871

EXECUTORS, ETC.-

INDEX

To sell perishable property . . . . . . . . . . . . . . . . . . . . . .

1491
525

EXECUTIONSTo be recorded in county where land lies

26i) 491

FARMsCertain cities to maintain . . . . . . . . . . . . . . . . . . . . . . 434 1188

}'EES AND COSTS-

To prevent attorneys from charging exhorbitant ..

182

To regulate fees of tax receivers, etc.. . . . . . . . 229 536 558

To amend Act to provide payment of in criminal

cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

232

To regulate fees of justices of peace . . . . . . . . 374 874 979

To pay costs in certain cases . . . . . . . . . . . . . . . . . . . .

479

To pay costs in criminal cases . . . . . . . . . . . . . . . . . .

'561

To regulate fees of constables .............. 846 1013 1041

To pay solicitors fees by counties working convicts

682

FENCEs-

To legalize certain stock law fences . . . . 528 879 998 1186

To erect between 7th and 8th militia districts......

883

FERTILIZERs-

To amend Act to regulate analysis and sale of .... 272 642

To amend Act to regulate sale and inspection of 561 883

To properly brand ............................. .

641

FIREMEN AND ENGINEERs-

To create board of inspectors :Cor . . . . . . . . . . . . . .

244

To create board of examiners for . . . . . . . . . . . . . . . .

245

1492

INDEX

FISH AND GAME-

To amend Act to provide for protection of. . . . . . . . 186 614

Unlawful to fish or hunt upon lands of another.... 200 614

To protect game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 912

To revise laws for protection of . . . . . . . . . . . . . . . . . .

272

To protect certain birds five years . . . . . . . . . . . . . . .

274

To prevent fishing in Little Tennessee river 508 913 966

Relative to culture of fish and oysters

436 554 562

FOOT BALL, ETC.To prohibit inter-collegiate games . . . . . . . . . . . . . . 560 955

FRANCHISESTo confer powers upon counties, etc. to grant...... 809 873

GAMBLING-

To prohibit on property of another . .. . . .. .. .. ...

27R

To prohibit betting, etc. . ...... _. . . . . . . . . . . . . . . .

442

To prohibit betting on elections . . . . . . . . . . . . . . . . . .

661

GRIFFIN, HON. F. W.-

Sworn in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165

HOTELS AND HOTEL KEEPERS, ETC.-

For protection of ............................. .

375

To regulate sanitation of ...................... . 3'Z6 878

HYGIENE AND SANITATIONTo provide for bakeries, canneries, etc. . . . . . . . . . . 527 874
INDIAN SPRINGGovernor to, eYpend fund arising from rental...... 846 1110

INDEX
INSPECTORSTo provide for factory inspector ..... ...... .....

1493
236

INSURANCE COMPANIES AND LAWS-

To cancel license of companies in certain cases 186 To regulate issuing of life policies . . . . . . . . . . . . . . Industrial companies to do business on capital
stock plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To fix the amount of assets of life insurance compa-
nies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 To forfeit license under certain conditions . . . . . . . . To tax cash surrender value of insurance policies .. Mutual fire companies to deposit with treasurer ..... Unlawful for agents to misrepresent financial stand-
ing of company ............................

552 575 200
236
912 1094 249 1416
260 910 1182
930

INTEREST-

To prohibit charging more than 12%

373

INVITATIONS-

To visit Jac..rson ... , . . . . . . . . . . . . . . . . . . . . . . . . . . . From Hon. Jno. M. Slaton ................ , .. .. .

940 1056

JUDGES-

To prescribe duties of .......................... .

184

To increase salaries of Supreme Court ........... . 188 46!l

To fix salaries of judges of Appellate Court 189 469 485

To add additional judge to Atlanta circuit .....

239

To change method of electing ................... .

261

Certain judges, to be appointed by governor ..... .

274

To create office of judge advocate general ....... .

375

To appoint judge of city court of St. Marys ..... .

449 469 484 855

JUDICIAL CIRClJITS-

To divide Brunswick circuit

231 677 1216

To re-arrange Ocmulgee and Northern........ 256 448 473

1494

INDEX

.JUDICIAL CIRCUI'rS-(Continued)-

To create new circuit . . . . . . . . . . . . . . . . . . . . . . . . .

483

To detach Tattnal county from middle circuit 507 913 1219

JURORSTo provide compensation in justice courts . . . . . . . . 545 662

JUSTICES OF PEACE-

'l.'o be furnished form book

251

JOINT SESSIONs-

166 217 456

KEITH, Hon. G. J.-

Sworn in as member

165

LABOR AND LABOR STATISTICs-

Employment of children in factories . . . . . . . . . . . .

236

Ten hours per day in factories . . . . . . . . . . . . . . . . . .

275

To provide for department of labor . . . . . . . . . . . . . .

527

LAND8-

To re-convey certain lands to city of Griffin.. 199 1184 To purchase land on which to erect State offices. . To cede jurisdiction over certain lands in Walker
county to U. S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

695 234
321

LEGISLATIVE COUNSELTo register
LIABILITYOf common carriers to employees

249 371 722 1261

LIEN8-

For laundrymen

184 247 773 977

INDEX
LICENSE INSPECTORTo create office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1495
244

LIQUOR AND LIQUOR LAWS-

To punish carrying into penal institutions . . . . . . 435 875

To declare alcoholic drinks dangerous . . . . . . . . . . . .

772

To prohibit sale of alcoholic beve,rages . . . . . . . . . .

708

LIVESTOCKTo protect from diseases ................ , . 509 1136 725

MANUFACTURERS AND BOTTLERS-

To protect from loss of bottles. . . . . . . . . . . . . . . 238 619 698

To tax manufacturers of automobiles .. :. . . . . . . . .

600

MARTIN INSTITUTETo amend Act to incorporate trustees of . . . . . . . . 1040 1080

MacCARTHY, BON. JOSEPH-

Sworn in as member . . . . . . . . . . . . . . . . . . . . . . . . . . . .

194

MEDICAL EXAMINERSTo create board of . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1058

MEETING OF GENERAL ASSEMBLY-

To amend Act to change time of

253

MEDICINES, ETC.-
To regulate itinerant vending of . . . . . . . . . . . . . . . . . . 464 872 To amend Act regulating sale of narcotic drugs ....
499 508 678

1496

INDEX

MESSAGES-EXECUTIVE-

23 175 205 323 430 452 857 908 985 1011 1063 1257 1304 1394 1416
MESSAGES-SENATE-
14 175 194 286 320 369 441 476 519 541 563 655 746 799 800 828 856 890 904 928 982 1082 1135 1192 1233 1254 1280 1288 1376 1377 1392 1398 1408 1410 1419 1441 1443 686 711

MILITARY-

To amend Act to reorganize

378

MINORS-

To prohibit giving tobacco to . . . . . . . . . . . . . . . . 465 774 710

To prohibit the purchase of lead, brass, etc., from

466

To make their notes, etc., valid ...... _-. . . . . . . . . . . 643 956

MISCELLANEOUS-

To protect person13 buying property . . . . . . . . . . . . . .

242

To protect persons furnishing material for public

works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 877

Larceny after trust a misdemeanor . . . . . . . . . . . . . .

246

Notice of levy to be given property owner........ 247 875

Docketing bills of exceptions and writs of error . .

248

To prohibit females riding astride . . . . . . . . . . . . . .

794

City employees not to engage in certain business

929

, MOSQUITO BARS-

Hotels required to furnish

198

NEAR, BEER-SEE BEER-

NEW COUNTIES-

Soperton ...................................... .

250

Bleckley ...................................... . 377 957

Cleveland ................................ : ... .

956

INDEX

1491

NEW TRIALB-

To regulate granting of ....................... .

NOTARY PUBLICs-

Women eligible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

480

NOTES AND ACOOUNTB-

, To regulate execution of

645

ORDINARIEs-

To provide compensation for . . . . . . . . . . . . . . . . . . . .

492

To provide compensation for issuing license . . . . . .

462

To provide compensation for of Stevens county 527 590 62~

To prescribe duties of Johnson county. . . . . . . G62 771 725

ORGANIZATION OF HOUSE-

Election of speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

Election of clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Election of speaker pro tern . . . . . . . . . . . . . . . . . . . . .

16

Election of messenger ... :. . . . . . . . . . . . . . . . . . . . . .

18

Election of doorkeeper . . . . . . . . . . . . . . . . . . . . . . . .

154

OSTEOPATHie..:....

To create board of examiners

196 676

OPTOMETRY-

To regulate the practice of

257 676

PASSES-

To prohibit railroads, etc., from granting 197 675 Street railways to grant to policemen and firemen ..
230 551 Railroads to grant to former employees . . . . 240 Unlawful to grant to sheriffs . . . . . . . . . . . . . . . . . . . .

705 727
577 978 876 1271
1096

1498
PENITENTIARY-

INDEX

To establish board of control of . . . . . . . . . . . . . . . .

464

PENSIONS-

To pay to Susan P. Ford .................. 248 1166 723

To pay to A. McKinley . . . . . . . . . . . . . . . . . . 264 873 1169

To pay to Lottie E. Coker . . . . . . . . . . . . . . . . 373 876 1174

To pay to Mrs. F. E. Morgan . . . . . . . . . . . . . . 375 1171 723

To pay to Mrs. R. V. Morris ... ~ . . . . . . . . . . . . .. . . . 376 723

Relative to paying pensions to widows.. 447 869 1141 1411

To pay to Mrs. Phoebe Key . . . . . . . . . . . . . . . . . . . .

448

To pay to Adrian C. Toole . . . . . . . . . . . . . . . . . . . . . . 451 722

To pay to Mrs. E. A. Lowry . . . . . . . . . . . . . . . . . . . .

463

To pay to Mrs. Ben VVatkins .................... 463 722

To amend Act to provide how shall be paid.. 465 544 1014

To pay to Mrs. Lucinda James .. .. .. .. .. .. . . . . . . 466 875

To pay to J. B. McNeal .. .. .. .. .. .. .. .. .. . . .. ..

481

To pay to Mrs. Sarah Rigsby . . . . . . . . . . . . . . . . . . 482 722

To pay to J. B. Mayo . . . . . . . . . . . . . . . . . . . . . . . . . .

527

To pay to Susan A. Smith . . . . . . . . . . . . . . . . . . . . . . 528 1013

To pay to Burton Rucker . . . . . . . . . . . . . . . . . . . . . . 542 722

To pay to Mrs. Eliza Lee . . . . . . . . . . . . . . . . . . . . . . 565 722

To pay to Mrs. M. J. Martin . . . . . . . . . . . . . . . . . . . 566 723

To pay to Mrs. M. J. McCarthy . . . . . . . . . . . . . . . . . 566 719

To pay to Mrs. R. A. Chunn . . . . . . . . . . . . . . . . . . . . 600 875

To pay to Mrs. Mollie Beckham . . . . . . . . . . . . . . . . 601 721

To pay to Jno. M. Connell ................. , .. .. 643 875

To pay to J. F. Nelson . . . . . . . . . . . . . . . . . . . . . . . . . .

752

To pay to J. G. Grimsly . . . . . . . . . . . . . . . . . . . . . . . . 792 1013

To pay to Mrs. A. Ranew ................. , . . . . .

810

To pay to Jos. Rawls . . . . . . . . . . . . . . . . . . . . . . . . . .

811

To pay to Mrs. Evaline Dasher . . . . . . . . . . . . . . . . . . 930 1109

To pay to Mrs. Leonora Britt . . . . . . . . . . . . . . . . . .

930

To pay to Mrs. L. C. Baggett . . . . . . . . . . . . . . . . . . . . 954 1109

To pay to B. D. VVallace . . . . . . . . . . . . . . . . . . . . . . 9.80 1181

To pay to J. VV. Hendricks . . . . . . . . . . . . . . . . . . . . 706 1013

To pay to Mrs. M. L. Hughes . . . . . . . . . . . . . . . . . . . .

1039

To pay to Mrs. Elizabeth Law . . . . . . . . . . . . . . . . . .

682

PERSONAL PROPERTYRelative to removal of

232 1273 695

INDEX

149!)

?ERSONAL PRIVILEGE-

815 824

PISTOLS AND OTHER WEAPONS-

'Vhen may be carried ......................... .

184

To require license to carry ..................... .

199

Persons carrying to register ................... .

275

To prohibit carrying . . . . . . . . . . . . . . . . . . . . . . 461 552 663

PLEADINGS AND PRACTICE-

To fix time for filing, etc ..-.................... .

I90

To regulate in cases of garnishment ......... I90 593 673

To regulate in certain cases ..................... . I97 676

To regulate in possessory proceedings ............ .

244

To regulate practice before auditors ............. .

442

To regulate in justice courts in certain cities ..... .

445

PRIZE FIGHTING-

To prohibit ........... .

661

PRINTING-
300 copies of House Bill,No. 50. . . . . . . . . . . . . . . . . . . To amend Act to prescribe manner of letting. . . . . . 200 'CO]Jies of rules report. . . . . . . . . . . . . . . . . . . . . . . . 200 copies of House Bill 22....................... 300 copies of qeneral tax Act. . . . . . . . . . . . . . . . . . . . 300 copies of bill to amend paragraph I, section I,
article 7, of constitution....................... 300 copies of general appropriation bill. . . . . . . . . . . 300 copies of House Bill No. 7....................

5I8 601 6I 0 675 853
I075 687 687

PRISON COMMISSIONTo give notice of applications for pardons..... . . .

1380

PROPERTY-

f'o belong to Stat!l wheiJ. .......... :.............

?6?

1500
POOL SELLING-

INDEX

To prohibit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

241.

PRESENTMENTS AND INDICTMENTS-

To be amended in eases of reform. . . . . . . . . . . . . . . .

181

PUBLIC UTILITIES-

To give cities and towns right to acquire. . . . . . . . . .

249

POWDER-

To prohibit storing in houses....................

596

PROTESTS-
Mr. Alexander Mr. Heard .................................... . Against the removal of S. G. McLendon .......... .

1264 1277 1362

RAILROADS AND STREET RAILWAYS-

Required to fense rights of way. . . . . . . . . . . . . . . . . . 233 1059

To report accidents to persons...................

242

As to action against non-resident railroads........

264

To carry one white fireman......................

264

To stop passenger trains at county sites. . . . . . . . . .

600

To acquire stock of other companies . . . . . . . . . 752 1112.1244

To prohibit freight trains on Sunday. . . . . . . . . . . . . 708 873

To repair defective cars..................... :..

1095

To protect men employed in construction of. . . . . . .

1095

RAILROAD COMMISSION-

To increase membership of . . . . . . . . . . . . . . .". . . . . . . .

684

RAPE-

To proh.ibit publishing name on whom committed .. , 374 720

. .REAL PROPERTY-

INDEX

Augusta authorized to condemn. . . . . . . . . . . . . . . . . .

1501
266

RELIEF-

Of J. W. McMillan..............................

187

Of Chas. Goode. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

323

Of J. C. Rogers ............. .................... 499 1109

Of C. Hancock andJ. Bruce................ 980 1109 1203

Of Will Kelly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1109

Of W. L. Michael.......... . . . . . . . . . . . . . . . . . . . . .

1110

RECORDS-REVOLUTIONARY-

To suspend compilation of

680

RENTZ, HON. T. H.-

Sworn in as member........... : . . . . . . . . . . . . . . . . .

221

REPORTS OF COMMITTEES-

Of committee to notify Governor of organization .. .

21

Of committee to select a Chaplain ............... .

162

Of committee on inauguration ................... .

169

On right of Ben Hill county to representative ... .

203

Rules .... . . . . . . . . . . . . . . . . . . . . . . . 385 387 646 855 1029

Halls and rooms ................................ .

440

Counties and county matters .................... .

441 497 522 569 666 897 983 1025 1088 1198 715

Special judiciary ............................... .

456 468 476 573 606 635 756 839 848 899

935 939 984 1022 1047 1093 1125 1143 1274 1375 691

General judiciary ............... : . . . . . . . . . . . . . . . . 467 495

546 567 639 668 795 838 901 1090 1146 1282 713

General agriculture ....................................... .

467 549 569 604 838 851 1028 1046 1144 687 717

Ways and means............ 477 521 757 897 937 688

Western and Atlantic Railroad......... 512 1048 1230 1260

Education ............................................... .

512 523 570 603 798 837 934 1033 1058 1092 718

H;r~iene and sanit!ltic;m ... ,,. 546 (i40 S92 101l3 712 718

1502

INDEX

REPORTS OF COMMITTEEE.:_(Continued)-

Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548 895 117!1

Corporations ......................... 550 571 859 86U

901 1031" 1043 1088 1090 1144 1179 1198 1275 692 716

Pensions ................... 551 797 1026 1091 1180 711

Roads and bridges . . . . . . . . . . . . . . . . . . . . . 568 605 667 8GO

Temperance . . . . . . . . . . . . . . . . . . . . . . . . . . 572 755 1087 1232

Manufacturss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

683

Constitutional amendments... 604 666 837 936 1046 6f0

University and branches . . . . . . . . . . . . . . . . . . . . . . . .

636

Enrollment . . . . . . . 654 801 917 1060 1147 1295 1451 726

Penitentiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667 836 1094

School for Deaf. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

753

Public Library.......... . . . . . . . . . . . . . . . . . . . 754 1089 690

Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754 860 1282 1303

Labor and labor statistics........................

757

Of committee on suspension of S. G. McLendon....

781

~anks and banking...... . . . . . . . . . 798 1027 1088 1180 719

On feasibility of using convicts to extend W. & A.

R. R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

829

Academy for Blind. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

836

Reformatories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

856

Game and fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 896 1377

Appropriations . . . . . . . . . . . . . . . . . . . 898 937 1023 1045 1126

Printing ...................................... . 1259 1276

Military affairs ................................. . 1303 715

Of commission to investigate State Sanitarium .... .

1305

Reports of committees of conference ............. . 1420 1421

REPORTS-MINORITY-

On right of Ben Hill county to representative. . . . . On amendment to General Tax Act...............

203 1423

REPORTS-8TATE-

To re-print Georgia r~ports.................. . . . . 465 694

RIVER AND CANAL COMMISSION-

Fo:r Au~usta ............ , ... , ... , ........ , 372 492 lin:;

INDEX

1503

RIVERS AND WATERWAYS-(See Also Counties and County Matters)-

To remove obstructions from.....................

811

ROADS, BRIDGES, ETC.-

To regulate use of log carts on. . . . . . . . . . . . . . 241 594 619

Commissioners of Dooly county to work roads in

towns ...................................... . 252 765

To amend Act to create road districts in Laurens

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 677 739

To prohibit running traction engines in Grady and

Thomas counties ................... : . . . . . 269 595 619

To amend Act relative to employing convicts ..... . 433 879

Rural routes to be public roads.................. .

436

To amend road law of Toombs county. . . 437 677 737 721

To create State road commission ................. .

483

To protect persons furnishing materials for. . . . . . 245 877

To prohibit removal of dirt from roads of Spald-

ing county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 882 1013 1080

ROGERS, HON. W. T.-

Sworn in ... .'.............. . . . . . . . . . . . . . . . . . . . . .

165

SANITARIUMS--
For treatment of tuberculosis ........... _. ... 433 1189 7.25 Giving certain counties authority over. . . . . . . . . . . . 434 1187

SCHOOLS AND SCHOOL LAWS-

Palmetto to create......................... 251 To repeal Act to create in Wrightsville...... 257 To revise so as to create county superintendent
of schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To revise w as to change State board of education. To create system of in town of Hiram. . . 374 596 To create system of in town of Dallas. . 465 854 To revise school laws relative to State board of
education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lithonia to maintain system of...................

535 556 615 619
262 262 621 1253 879 958
50!) 561

i5o4

iNDEX

SCHOOLS AND SCHOOL LAW8-(Continued)-

To amend school law of Moultrie............ 565 768 721

To amend Act to create for Demorest ..........

592

To pro rate common school fund ................. .

646

Trustees of Effingham academy to use trust

funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 793 878 961

To create system of in McDonough. . . . . . . . . . 809 955 1020

To create system of in Wrens............... 685 812 963

To create system of in Martin.............. 708 813 965

To create system of in Darien.............. 682 854 886

To create system of in Helena .............. , 910 1037 1103

To amend Act to create in Lumber City...... 983 1037 1103

To create system .of in Eastman. . . . . . . . . . . . . 1014 1111 1166

To revise common school laws ............... 1059 1111 1113

bCHOOL DISTRICTs-

To amend Act to provide for creation of......... .

. . . . . . . . . . . . . . . . . . . 182 535 556 883 980 1110 1111

To repeal Act to incorporate Woodbury school

district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 535 558

Relative to levying taxes to support . . . . . . . . . . . . . . 461 625

Only freeholders can be trustees................. .

481

To create local tax district schools ............... .

499

To repeal Act to incorporate Waresboro school

district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750 854 887

8CHOOL COMMISSIONER-

To be elected by people . . . . . . . . . . . . . . . . . . . . . . . . . . 231 266

SOLICITORS-GENERAL-

To abolish fee system...........................

18-3

To increase salaries of. . . . . . . . . . . . . . . . . . . . . . . . . .

2(\1

To fix salaries of. : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

273

SOCIETIES, SECRET ORDERS, ETC.-

Required to be bonded or licensed......... . . . . . . . 260 594

Exclusive use of names adopted by them..........

444

INDEX
STATE DOCUMENTs-.

1505

To provide for exchange of. . . . . . . . . . . . . . . . 198 773 1183

STATE HIGHWAY ENGINEER-

To create office of...............................

240

STATE LIBRARY-

Two assistants.............................. 234 773 1185

Legislative bureau in............................

322

Ten per cent. discount to book dealers........ 710 773 1246

STATE TREASURERTo be ex-officio bond commissioner.......... 265 875 1184

STEAM BOILERS, ETC.-

To provide for inspector of ................ ; . . . . . .

601

STENOGRAPHERS-

To increase salary of in Attorney-General's office .. 197 i24

To fix salary of State bank examiner ........... .

276

To regulate salaries in certain counties...... 482 616 !123

STORAGE HOUSE-

For powder prohibited...........................

372

STUBBS, HON. J. B.-

Sworn in

635

SUPPORT-

To provide for children living separately from

father . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

268

1506

INDEX

TAX COLLECTORS-

Required to keep record of cash collected . .'.. 183 469 484

'.rAXLAWB-

To provide for assessment of property. . . . . . . . .

195

To provide for tax commissioner. . . . . . . . . . . . . . 201 535

To tax legacies, etc..................... ~ . . .

249

Mortgages to be listed for taxation.............. 258 954

Relative to returning mortgages for taxation......

259

To collect past due taxes........................ 444 774

Local taxation for schools in Demorest......... ,..

481

General Tax Act. . . . . . . . . . . . 733 685 510 762 802 84Q

861 904 918 941 991 991 1389 1391 1402 1413 1423

To levy special tax on pistols. . . . . . . . . . . . . . . . . . .

545

To levy tax on incomes ($4,000)..................

660

To levy tax to pay off valid bonds........... 909 922 1068

TITLE-

I~ ;

To quiet title to lands ................

252

TIMBER-

To prohibit cutting of on lands of another. . . . . . .

253

TOBACCO-

To prohibit giving to minors ....... , . ."....... (See Minors)

TRAINIS-

To prescribe rules for operation of ............. .

447

Relative to crossing public crossings ............. .

524

To regulate running of on Sunday............... 708 873

TRADING STAMPSTo prohibit giving away. . . . . . . . . . . . . . . . . . . . 188 552 574

INDEX
TRAMPsTo punish for stealing rides......................

1507
443

TUBERCULOSis-

To prevent the spread of. . . . . . . . . . . . . . . . . . . 243 551 578

To employ convicts to erect sanitarium............

1097

VENUETo fix for suits fo~ damages again'st corporations..

1095

VERDICTs-

To provide for special in certain cases............

269

VETERINARIAN-

To create State. . . . . . . . . . . . . . . . . . . . . . . . . .

508

W. &A. R. R.-

To survey a line for extension of............... .,

184

To purchase lands in Chattanooga...... 185 635 1239 1405

To create office of special agent for .............. 235 877

Town of Calhoun to construct crossing over. . 255 513 532

Rome & N. R. R. to cross tracks of. . . . . . . . . 845 922 1212

WARRANTs-

To restrict issuance of..........................

510

WATER LOTsTo define No. 19 in Columbus.............. 845 933 962

WATERWAYS, ALSO CREEKS, LAKES, ETC.-
To prevent obstructing banks of streams.......... To remove obstructions from streams............. To prohibit pollution of. . . . . . . . . . . . . . . . . . . . . . . . . .

930 1038 1095

WILLs-

To, repeal Act. relating to foreign wills............

238

1508

INDEX

HOUSE RESOLUTIONS.

PART 2.

To notify Governor of organization.. . . . . . . . . . . . .

Hi

Providing for committee on rules................

21

Allowing Hon. Jos. H. Hall to select his seat......

1ti0

Allowing ex-Confederate veterans to select seats. .

160

Providing for committee to select Chaplain........

161

Providing for committee on insurance............ 161 386

Providing for committee to investigate right of Ben

Hill county to representative...................

165

Fixing sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

Providing for committee on reformatories........

166

To ptlrchase lands in Chattanooga. . . . . . . . . . . . . . . .

185

Providing for committee to re-arrange judicial cir-

cuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

186

Requesting Governor to call tax conference........

187

To change inscription on Oglethorpe monument.... 201 470

To declare Marion Dixon rep)"esentative from Ben

Hill county ...................... , . . . . . . . . . . . 202 22J

To consolidate certain committees. . . . . . . . . . . . . . . .

202

To extend privileges to Crawford Wheatley. . . . . . . .

202

1 Sympathizing with Hon. Hatton Lovejoy. . . . . . . . . .

22!1

Requesting Governor to confer with Luther Burbank 239 46!1

Inviting Southern Railway to locate in Atlanta.... 242 616

To revise judicial system. . . . . . . . . . . . . . . . . . . . . . . .

24:1

To investigate validity of certain State bonds......

247

To create educational commission. . . . . . . . . . . . . . . . .

247 ,

To furnish Georgia reports to Liberty county......

250

To adjourn over for July 4th................. 277 320 36!1

Relative to S. G. McLendon. . . . . . . . . . . . . . . . . . . . . . 281 286

360 379 808 809 932 1086 1117

Sympathizing with family of R. E. Park..........

285

Providing that a calendar of House be printed. . . .

:123

To keep galleries, etc., in better condition........ 369 44!1

Inviting Senator A. S. Clay to address General

Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a80

Relative to near beer fund of $325,000 be turned

over to treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

384

Providing for committee on forestry and water

ways . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .

386

INDEX

1509

HOUSE RESOLUTIONS-(Continued)-

Authorizing the Governor to borrow money. . 434 491 815

Resolutions memorializing Congress.... 435 436 471 47~

Relative to culture of fish and oysters....... 436 554 562

Requesting general judiciary committee to report

all bills to amend Code .................... ; . . .

43'/

To reimburse Major Dunwoody.................. .

447

Inviting Dr. J. N. MacCarmack to address General

Assembly .................................... . 466 512

To pay heirs of Sherman J. Sims................ .

48?.

To appoint joint committee to investigate certain

property (W. & A. R. R.) ..................... .

524

Sympathizing with Hon. D. S. McCarthy......... .

52R

To limit number of sub-committee to visit State

Sanitarium .................................. .

555

To limit individual speeches ..................... .

56'1

Relative to committee to visit University ........ . 588 675

Expressing sympathy for Hon. H. L. White ....... .

602

Providing for special tax commission ............. .

611

Providing for committee to equalize taxation ..... .

640

To visit convict camps... . . . . . . . . . . . . . . . . . . 641 679 9711

To visit school for deaf. . . . . . . . . . . . . . . . . . . . . 664 774 119!1

Clerk to prepare calendar....................... .

66!\

Providing for committee to refer bills ........... .

674

To visit Academy for Blind........... . . . . . 751 815 1200

Fixing sessions of House........................ .

780

Extending sympathy to Hon. W. H. Evans ....... .

780

To investigate property in Chattanooga......... .

79:1

To amend Rule 41 ............................. .

794

To appoint temporary railroad commissioner...... .

809

To furnish Code to S. J. Oliver ................. .

98:1

To ratify amendment to U. S. Constitution........ 983 1298

Governor to draw warrant in favor of J. Pope

Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709 1016 1266

Sympathizing with Hon. Thos. M. Godley. . . . . . . . . .

1178

Sympathizing with Hon. A. S. J. Stovall..........

1183

To take up carpet on floor of House ........ 1279 1385 1416

Requiring clerk to furnish calendar of unfinished

business ..................................... .

1279

To bring up unfinished business ................. .

1279

Sympathizing with Hon. J. E. Rosser ........... .

1280

Committee to investigate charges against State

Sanitarium

1381 1408

1510

INDEX

HOUSE RESOLUTIONS-(Continued)-

To turn over pension ;resolutions to pension commissioner ........ , . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Committee to re-arrange judicial circuits to sit ten days ................................ , . . . . . . .
ThankingHon. Jno. N. Holder, speaker and clerk.. Congratulating Hon. Ed Wohlwender. . . . . . . . . . . . . .

1386
1391 1469
697

SENATE BILLS

PART 3.
I

To provide three terms of Superior Court of Mont-

gomery county ................... . .. .. . .. 537 775 1042

To set aside holiday to be "Georgia Day"... 537 '635 1299

County boards of education to borrow mOD!lY to

pay teachers .... :. . . . . . . . . . . . . . . . . . . . . . . . 537 635 1294

To create city court of Sparta.............. 537 775 814

To repeal Act to create city court of Dawson ..... .

538 868 1043 696

Relative to cotton tax................ . . . . . . . . . .

559

To elect county school commissioners by the people

.

559 775 1291

To provide supersedeas of judgments of conviction

in county courts . . . . . . . . . . . . . . . . . . . . . . . . . 633 868 1294

Glynn county to issue bonds................ 633 775 971

To amend section 342 of Penal Code. . . . . . . . . 633 868 1300

Judges of criminal courts given power to. suspend

sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

634

To amend section 2573 of Code. . . . . . . . . . . . . . . . . .

634

To prohibit giving away trading stamps.......... 634 1286

T6 protect virtue of females from slander. . . . 634 1286 1387

To require railroads to disinfect passenger coaches 775 868

To amend section 982 of Code.............. 776 1252 1288

Female a.ttendants for female insane.............. 776 1286

To create office of State veterinarian. . . . . . . 776 869 1301

To amend section 377, volume 3, of Code .. :: 776 970 1301

To change time of holding Superior Court of Pickens

county . . . . . . . . . . . . . . . . . . . . 776 869 895

...
<

INDEX
SENATE BILLS-(Continued)-

1511

Assessment insurance companies to submit number

composing division '. . . . . . . . . . . . . . . . . . . . . . . . .

777

To amend road laws............................ 866 970

To establish osteopathic examiners. . . . . . . . . 866 970 1293

To collect past due taxes. . . . . . . . . . . . . . . . . . . 867 1252 1361

To protect live stock from contagious diseases....

867

To amend paragraph 1, section 2, article 11, of Con-

stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

867

To provide new charter for Rochelle. . . . . . . . 867 970 1022 .

.To amend section 2.059, volume 2, of Code. . . . 868 1251 1302

To incorporate city of Dawson.................. 868 971

Relative to issue of grants of land under head-

rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696 869 1300

To amend charter of Fort Valley............ 910 1252 1289

To amend paragraph 3, section 4, article 3, of Con-

stitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911 1252

To amend Act to create board of dental exam-

iners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911 1251 1294

To amend Act to create city court of Dawson. 911 1021 1290

To amend Act to amend charter of Columbus...... 911 1289

To amend Act to create city court of Baxley. 969 1021 1114.

To provide for oounty police................ 969 1176 1277

TQ pro'ri4e new charter for Rochelle......... 867 970 1022

To b l&lary .Qf stenographer of Attorney-General

1115 1250 1292

To b eomp&nsation of ordinaries for paying pen-

dons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1115 1182 1293

To provide for pleading and practice in county

courts ........................ , .... : .. ... 1116 1251 141:1

To create new charter for Rutledge........ 1116 1251 1290
To amend section 982, volume 1, o! Code (Jasper)

1116 1251 1290

To provide an additional judge for Atlanta circuit

1116 1176 1278

Authorizing railroad companies to condemn property 1147 1287

. Misdemeanor to obtain food or lodging with intent

to defraud .................................... 1231 1285

To amend. Act relative to public printing.... 1231 1283 1409

To transfer county of Tatnall from Middle to Atlan-

tic circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231 1284 1382

Counties, etc., to have power to grant authority to

corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231 1284 1385

1512

INDEX

SENATE BILLS-(Continued)-

To amend charter of VVaynesboro ............ 1232 1285 1381

To protect game animals and birds. . . . . . . . . . 1248 1287 1386

To preserve names of benevolent orders, etc.. . 1248 1283 1385

To amend charter of Shellman .............. 1248 1283 1382

To amend Act relative to new trials .............. 1248 1283

To amend Act to create city court of Baxley. . 1249 1284 1383

To amend Act to create city court of Abbeville 1249 1286 1383

To amend section 936, volume 1, of the Code. . 1249 1287 1386

To create new charter for Lumber City. . . . . . 1249 1283 1384

To amend Act to incorporate the city of Collins

1250 1285 1382

To amend charter of Griffin .................... 1250 1283

To authorize the State to exchange certain land..

1283

Relative to the militia . . . . . . . . . . . . . . . . . . . . . . . . . . 696 1286

To repeal section 2185 of Code........... . . . . . . .

697

SENATE RESOLUTIONS.

PART 4.

To provide for the inauguratioJ of the Governor . .

US4:

To provide for joint session ... l ................ ;

lM

To p1ovide for joint session, .. t................. .

'78

- To re-arrange judicial circuits. i ..... :........... .

J79

To investigate suspension of S. G. McLendon ..... .

vo9

Relative to consular service .................... . 380 536

Memorializing Congress ........................ .

559

State librarian to furnish reportlj to Montgomery

county . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .

777

For joint committee on tax returns.... 697 970 1290 1412

Authorizing the exchange of certain land ......... 1231 1387

'fo extend welcome to officers of Gulf ............ 1250 12'S7

To carry over unfinished business. . . . . . . . . . . . . . . .

1277

Relative to service in nationaJ guard........ 697 1287 1388

To dispose of Spanish-American war fund. . . . . . . .

1389

Relative to distribution of Georgia laws..........

1408

!~ , .,.,,,,,_