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 JouRNAL OF THE HousE. 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 52 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. 56 JOURNAL oF THE HousE. 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 WEDNESDAY, JUNE 23, 1909. 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 Chaneommend 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 WEDNESDAY, JuNE 23, 1909. 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. 60 JouRNAL OF THE HousE. 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- WEDNESDAY, JUNE 23, 1909. 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 62 JouRNAL OF THE HousE. 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 WEDNESDAY, JUNE 23, 1909. 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 64 JouRNAL OF THE HousE. 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 66 JouRNAL OF THE HousE. 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 WEDNESDAY, JuNE 23, 1909. ' 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 68 JouRNAL oF THE HousE. 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. ... 70 JouRNAL OF THE Ho-.:;sE. 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. WEDNESDAY, JUNE 23, 1909. 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. 72 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. WEDNESDAY, JUNE 23, 1909. 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. 74 JOURNAL OF THE HousE. 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- WEDNESDAY, JUNE 23, 1909. 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. 76 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. WEDNESDAY, JUNE 23, 1909. 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. WEDNESDAY, JUNE 23, 1909. 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 80. 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. WEDNESDAY, JUNE 23, 1909. 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 82 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 WEDNESDAY, JUNE 23, 1909. 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 84 JOURNAL. OF THE HousE. 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. WEDNESDAY, JUNE 23, 1909. 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, 86 JouRNAL OF THE HousE. 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 110 JouRNAL oF THE HousE. 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. , WEDNESDAY, JUNE 23, 1909. 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 112 JOURNAL OF THE HousE. 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 WEDNESDAY, JUNE 23, 1909. 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. 114 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 WEDNESDAY, JUNE 23, 1909. 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- 116 JOURNAL oF THE HousE. 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 WEDNESDAY, JUNE 23, 1909. 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. 118 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. WEDNESDAY, JUNE 23, 1909. 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- 120 JouRNAL OF THE HousE. 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 WEDNESDAY, JuNE 23, 1909. 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. 122 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. WEDNESDAY, JUNE 23, 1909, 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 WEDNESDAY, JUNE 23, 1909. 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 foSuperior 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 rendments. 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 "\n to 304 JouRNAL OF THE HousE. 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 306 JOURNAL OF THE HousE. 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 308 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 WEDNESDAY, JUNE 30, 1909. 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, WEDNESDAY, JUNE 30, 1909. 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 312 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 WEDNESDAY, JuNE 30, 1909. 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 314 JouRNAL OF THE HousE. 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 316 JouRNAL oF THE HousE. 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 WEnN~SDAY, JuNE 30, 1909. 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. 318 JouRNAL OF THE HousE. 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. 320 JouRNAL OF THE HousE. 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 322 JouRNAL oF THE HousE. 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: 324 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." 326 JouRNAL OF THE HousE. 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. 330 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, Boybs 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 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 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 Shepparbeppard 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 rert 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 Agrirawdy 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'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 majn 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 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 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~ 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, <-'.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\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 !~ , .,.,,,,,_