Journal of the House of Representatives of the State of Georgia at the regular session of the General Assembly at Atlanta, Wednesday, June 22d, 1910

Journal
OF TttE
. House of Representatives
OF THE
STATE OF GEORGIA
AT THE
Regular Session
OF TliE
GENERAL-ASSEMBLY
At Atlanta, Wednesday, June 22d, 1910
ATLANTA, GA. Chas. P. Byrd, State Printer
1910

JOURNAL.

ATLANTA, GEORGIA,

June 22, 1910.

The House met pursuant to adjournment at 10 o'clock a. m. this day was called to order by the Speaker and opened with prayer by Rev. J. J. Bennett, of Atlanta.

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

Adams

Brinson of Decatur

Alexander of DeKalb Brinson of Emanuel

Alexand"er of Fulton Brown of Carroll

Allen

Brown of Fulton

Alley

Brown of Henry

Anderson of Bullock Brown of Murmy

Anderson of Chatham Burch

Armistead

Butt

Atherton

Buxton

AtkinsoP

Calbeck

Ault

Cannon

Barksdale

Ca,rswell

Bagley

Carter

Bailey

C'h8'lldler

Baker

Childs

Barrett

Converse

Beachao'

Csoka

Bell

Cordell

Berry

Couch

Booker

Cowan

Boyd

Culberson

Cureton Daniel Davis Dickson Drawdy Edmondson Edwards Elder Ellis FJlison English EYans Faircloth Fender Field of DeKalb F'ields of CriRp :E'ord Fullbright Garlington Gastley Gillis

4

J ouRNAI oF THE HousE.

Godley

J.ewi1

Reese

Grad dick

Littleton

Reid of Campbell

Griffin of Sumter

Lori!

R-ent:;

Griffin of Twiggs

Lovejoy

Roberts

Guyton

:Meadows of Telfair Rogers

Hall

Meadows of Toombs Sheppard

Hardeman of Jeffs 'n Miller of Calhoun Shirley

Hardman of Jackson Miller of Ware

SimmonJ

Harrington

l\Iilikin

Simpson

Harvey

Mitchell

Slade

Hatfield

1Vioor3

Smith of Gilmer

Heard

l\ios1

Smith of Tattnall

Helms

MacFarland

Smith of Walton

Henderson of Irwin Macintyre

~to v a i l

Henderson of Turner l\lcArthut

Strong

Hendricks

McCarthy

Stubbs

Hill

l\fcCounell

Tarver

Holder of Floyd

McCrory

'l'ippins

Holtzclaw

:McCurry

'l'racey

Howell

McCutchen

Tugglo

Hubbard

McElreath

'l'urnlr

Hullender

~IcMah-an

Turnipseed

Huie

McMichael of Butts Upshaw

Johnson of Bartow :McMichael of Marion Vinson

Johnson of Jeff Davis McWhorter

. Joh~son of Towns

Olive:

Waddell Walters

.Toiner

Parker of Decatur Wasden

Jones of Laurens

Parker of Talbot

Wartkins

Jones of Meriwether l'aulk

White of Screven

Jones of Mitchell

Peacocl

Whiteley

Keith

Persons

Wight of Grady

Kelley

Pierce

- \\'illiams

Kendrick

Pop()

Wohlwender

Kennedy Kicklighter

Porter Prico

"'ootl Woodliff

Kidd Kirby

Proctor Reaves

Wright of Floyd \\!right of Stewart

Lawrence

Redding

Mr. Speaker

Those absent were Messrs:

Middlebrooks Minte:

Reid of Macon

Rosse:."

wEDN_ESDAY, JULY 22, 1910.
The following resolution was read and adopted, to-wit:
By Mr. Sheppard, of Sumter-
A resolution providing that the Senate be notified that the House has convened and is ready for the transaction of business.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
I am directed.by the Senate to inform the House that the Senate has convened in regular session and is ready for the transaction of such business as may be brought before it.
The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit:
A resolution providing for a committee of two from the Senate and three from the House of R-epresentatives to inform His Excellency, the Governor, that the General Assembly has convened in regular session and is ready for the transaction qf business. Committee on part of Senate, under this resolution: Senators Burwell and Price. -
The following Senate resolution was read and concurred in, to-wit:

6

JOURNAL OF THE HousE.

By Mr. Burwell-
A resolution providing for a joint committee to inform the Governor that the General Assembly has convened and is ready for the transaction of business.
The Speaker appointed on part of the House as the committee provided for in the above resolution:
Messrs. Barrett,
Heard,
Kid d.

The following communication was received from the Governor :
ATLANTA, GA., June 21, 1910.
To the H ous(j of Representatives-
GENTLEMEN: I have to advise you of the election to your honorable body since the last session thereof, of the follo.wing members :
Ron. E. B. Martin of the county of Lee, to succeed Hon. C. H. Beazley, resigned.
Ron. Roy D. Stubbs of the county <?f Putnam, to succeed Ron. A. S. Reid, deceased.

WEDNESDAY, JULY 22, 1910.

7

Hon. D. C. Pickett of the county of Terrell, to succeed Hon. M. H. Marshall, Jr., resigned.
Very respectfully, JosEPH M. BRowN,
Governor.

The following members-elect came forward and were sworn in as members of the House. The oath of office being administered by Honorable Marcus W. Beck, Associate Justice of the Supreme Court of Georgia.
Hon. E. B. Martin of the county of Lee, to succeed Hon. C. H. Beazley, resigned.

Hon. Roy D. Stubbs of the county of Putnam, to succeed Hon. A. S. Reid, deceased.

Hon. D. C. Pickett of the county of Terrell, to succeed Hon. M. H. Marshall, Jr., resigned.

The following communication was received and the beautiful token-a carnation for each member of the House-were distributed:

-Mr. Speaker:

ATLANTA, GA., June 22, 1910.

I desire to present through you to the members

,..
8

JouRNAL OF THE HousE.

and officers of the House of Representatives, my usual token of high esteem.
Very sincerely,
BENJ. M. BLACKBURN.

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

By Mr. Vinson-
A bill to appropriate $60,000 to the trustees of the State Sanitarium for the purpose of erecting a hospital for acut~ diseases, etc.
Referred to Corl.1mittee on Appropriations.

By Mr. Vinson- '
A bill to let the three Ilearest adult relatives of an insane person waive the ten days' notice of the proceedings of a court of competent jurisdiction.
Referred to Committee on General Judiciary.

By Mr. VinsonA bill to appropriate the sum of $36,300 to the

"\YEDNESD.u; JULY 22, 1910.

9

trustees of the State Sanitarium for the purpose of replacing old boilers nnd for enlargment of the laundry.

Referred to Committee on Appropriations.

By Mr. Vinson-
A bill to appropriate $25,000 for 1910 and $35,000 - for 1911, for the support and maintenance of the
State Sanitarium for the insane.
Referred to Committee on Approp~iations.

ATLANTA, GA., June 22, 1910.
The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blackburn, which was immediately taken up and read on motion of Mr. Barrett:
Mr. 8 peaker:
I am directed by His Excellency, the Governor, to deliver to the General Assembly a communication in writing.

10

JouRNAL oF THE HousE.

MESSAGE.
STATE OF GEORGIA,
ExECUTIVE DEPARTMENT,
ATLANTA.
June 22, 1910. To the General Assembly:
Through the blessings of a beneficent Providence the past twelve months have been replete with prosperity for our people. The husbandman has received a gratifying reward for the fruits of his toil; the laborer in the city has found employment at remunerative wages, and those in other avocations have reaped more than the average allowance of the enjoyments of life.
It is especially gratifying that the asperities which had marred the relationships with each other of many of our citizens have been softened or entirely allayed and that peaceful pleasures are now the happy lot of the generality of Georgians.
It is to be sincerely hoped that this rest from political agitation will long continue and that our people will co-operate in friendly accord in all endeavors to build up our commonwealth and to perpetuate mutual toleration and good will.

WEDNESDAY, JuNE 22, 1910.

11

In this spirit I commend to you the kindred hope that in our conduct of the people's governmental affairs we may hold ever in mind that the humblest is entitled to the same consideration as the highest, that equality is the standard by which we must measure all and that fair play is the freeman's right.

REGISTRATION LAW.

With the desire to protect, therefore, the rights

of the people of Georgia, I respectfully call your

attention to the serious defects and unnecessary bar-

riers in the registration law passed by your imme-

diate predecessor, and repeat the recommendatio~

made in my first message regarding the provision

which closes the books six months before elections.

In addition to the reasons I advanced in that

message, I will add others that have been demons-

trated to be valid, together with data that have be~n

collected. The operation of the above provision of

this law, when taken in connection with the regis-

tration and subsequent elections in various munici-

palities in the State, proves that it directly and flag-

rantly discriminates against the residents of the

country d~stricts and in favor of the residents of the

cities and towns. To illustrate this fact I give the

- following list of municipalities in which elections

wwearteerwheolrdkst,oedleectterrimc ilnieghtthineg,isssutraenecte

of bonds for paving, build-

ing of school houses and bridges, etc., and for other

improvements, or for annexation of suburbs, or for

municipal primary elections, and for other pur-

poses:

1--'
1:--:)

I CITY OR TOWN

PURPOSE . DATE REGISTRATION DATE OF ELEC- TIME INTER-

BOOKS CLOSED .

TION

VENING

Athens~~~~~~~~1 Bonds~=-=~~~~~ LastYear'sRegistration.~ March 2nd.~~~~--~~~~~~~
Atlanta _____________ Bonds______________ February 4th __________ February 15th _______ 11 Days.

~
q0
~
!21

Columbus-------~--- Bonds ______________ Last Year's Registration. __ February lOth _______ -------------- E:;

Donalsonville_ -------~Bonds______________ April 30th, ____________ May lOth ___________ 9 Days.

East Macon _________ Annexation__________ March lOth____________ March 19th __________ 8 Days. Gainesville __________ IBonds ______________ Last Year's Registration. __ April 2nd____________ --------------

0
loj

Grantville ___________ Bonds______________ April 6th ______________ April 16th ___________ 9 Days.

f-3

LaFayette__________ JBonds______________ March 16th_ ___________ March 22nd __________ 5 Days.

~

Montezuma __________ ,Bonds_______________ April 22nd _____________ May 3rd____________ c 10 Days.

t<:l

Rome_______________ :City Election________ February 18th _________ March 1st_ __________ 10 Day~. South Macon ________ ,Annexation__________ February 19th _________ March 2nd ___________ 10 Days.

~

Sparta ______________ Bonds ______________ No Registration __________ May 3rd________________________ -- _ Sylvania ____________ 'Bonds ______________ April 30th_______________ May lOth____________ 10 Days.

q0
"II'

Union City ___ ______ 'Bonds______________ April 2nd _____________ April 9th ___________ ~ 6 Days.

~

I

WEDNESDAY, JUNE 22, 1910.

13.

It is well known that the avowed purpose in fixing the excessive time limit of six months between the closing of the registration books and the date ~ of the election was to purify the ballot by shutting out the "venal voter, n the "hobo," the "wardheeler," and the like. These nefarious classes were represented as being mainly residents of the large cities. Yet, we find Atlanta closing her registration books only eleven days before voting on the question of binding herself to the payment of $3,000,000 in bonds, an amount equal to almost half of the public debt of the State. And we find Macon, Columbus, Grantville and Rome closing their registration books from eight to eleven days before the dates of elections of momentous interest to their citizens, while Gainesville and Athens voted without requiring any registration this year.
So, too, at LaFayette the time-limit between the registration and the election was only five days and in the other municipalities named this limit was in each case less than thirty days. Again, it has recently been decided that Atlanta for her election of city officials on Vfednesd~y, December 7th, will not
close her registration. books until November 28th. Yet, in the same counties wherein all the foregoing cities and towns are located, and in other counties, the residents of the country districts, in elections in which they take part, must register six months before the date of casting the ballot or they are de, barred from the power to vote, that power which was once held to be the right of freemen inalienable save by the commission of crime.

14

JouRNAL oF THE HousE.

Therefore, while it has been the current belief that the ''venal voters'' and other obnoxious classes, whom this law would debar from the ballot box, are the dwellers in the city slums, or are temporary importations thereto, the law itself, by its operation, says that these ''venal voters'' and the like are confined almost entirely to the country districts; for, as I have shown, one great city can vote an enormous issue .of bonds and another can transform country people into city people-the most radical of changes in our system of government--on a few day's notice, while the countryman must register six months before election day so as to give the registrars sufficient time in which to examine carefully each individual's status, to purge the lists and throw out all who are "venal voters" or "ward-heelers" or "hoboes.''
I respectfully submit that this inevitable logic of the law is an uncalled for and unjustifiable aspersion on by far the greater portion of the electorate of Georgia; and it places them under a discrimination as needless as it is unmerited.
Yet, the glaring disabilities in the exercise of the voting power which this registration law places upon chiefly the country people of Georgia becomes still more distinctive when we note the following compilation of registration laws prevailing in other States as they bear on the time for closing the lists, viz.:

.WEDNESDAY, JUNE 22, 1910.

15

Co:MPILAl'ION oF REGISTRATION LAws OF DIFFERENT STATEs, SHowiNG DATES FOR CLosiNG BooKs:
ALABA~A: Books close three months before the gen.eral election, but are reopened on Friday and Saturday before any general, special or primary election for the registration of those who came of age after the books closed or had been unavoidably prevented from registering.
ARKANSAs: No registration is required.
CALIFORNIA: Books are closed forty days before each general election, and twenty days before each primary election.
CoLORADO: Books are closed thirty-five days before general elections.
CoNNECTICUT : Books are closed on fourth Monday next preceding general elections.
DELAwARE: Books are closed on third Saturday next preceding date of general election.
FLORIDA: Books are closed on second Saturday of the month n::::~ j_):O:}ceding the day of election.
GEORGIA: Books a.re closed six months before the general election.
.tuAHO: Books are closed on Saturday next preceding date of general election.
ILLINOIS: Books are closed on Tuesd~y of the week preceding the election.
INDIAN A: No registration of voters required.

16

JouRNAL oF THE HousE.

IowA: Books are closed on second Saturday next preceding date of election.
KANSAS: Registration required in cities only fUi!i
books close ten days before election.
KENTUCKY: Registration required in r.;ities and towns only and books are closed thirty days before election, but voters may register by affidavit the day before the election.
LouisiANA: Registration books closed thirty days before all elections.
MAINE: Bboks are closed from one to four days be-
fore the election in towns and cities and dti dity
of election in country precincts.
MARYLAND: Books are closed three weeks before the election.
MASSACHUSETTS: Books are closed on last Saturday before primary elections, and, in cities, twenty days before general elections, and, in towns, on the last Saturday but one before general elections.
MICHIGAN: Books are closed in townships on Saturdays before elections and in cities c!!e week to ten days before.
MINNESOTA: Books are closed on Tuesdays before day of general elections.
MississiPPI: Books are closed four months before general elections.

WEDNESDAY, JuNE 22, 1910.

17

MISS9URI: Registration is required in cities only and books close twenty days before elections.
MoNTANA: Books closed ten days before elections.
NEBRASKA: No registration required except in cities above 10,000 population and only brief interval between closing of books and elections.
NEVADA: Books are closed just a few days before elections.
NEw HAMPSHIRE: No registration is required.
NEw JERSEY: Books are closed two weeks before elections in cities of more than 35,000 population-on Tuesdays next preceding general elections at other places.
NEw YORK: Personal registration required only in towns and cities of 5,000 or more population. In New York City books are closed 22 days before elections; elsewhere, where personal registration is required, on the third Saturday before elections; where personal registration is not required, on the fourth Saturday next preceding general elections.
NoRTH DAKOTA: Books are closed on last Tuesday next preceding general elections.
Omo: Registration required only in cities on Presidential years alone, excepting cities of 100,000 population.
OKLAHOMA: Permanent registration prevails, but voters may get their names on the lists as late

18

,JOURNAL oF THE Homm.

as the last Saturday preceding- elections, g-eneral or primary.
OREGON: Books are closed nine days before primary, and twenty-one days before general elections.
PENNSYLVANIA: Registration is -required only in cities and books are closed four weeks before primaries, and 35 days before general electio:q.s.
RHoDE IsLAND: Automatic registration of tax-payers prevails, and books for the reg-istration of non-taxpayers are close'd on June 30th each year.
SouTH CAROLINA: Books are closed thirty days before elections.
SouTH DAKOTA: Books are closed on last Tuesday next preceding elections.
TENNESSEE: Books are closed twenty days before elections.
TExAs: Presentation of poll tax receipt entitles one to vote, but payment must be made before February 1 of the year in which elections occurs. Poll tax must be paid in person only in cities of more than 10,000 population. No requirement as to property tax.
UTAH : Books are closed on the first Wednesday prior to the general elections.
VERMONT: Personal registration is not required. Lists are prepared by )3oards of Civil Authority thirty days before elections.

WEDNESDAY, JuNE 22, 1910.

19

VIRGINIA: Books are closed thirty days before elections.
WASHINGTON: Books are closed twenty days before elections, but registration is required only in precincts of more than 250 voting population.
WE:sT VIRGINIA: Books are closed ten days before elections.
WiscoNsiN: Registration required only in cities of more than 2,000 population and books close on Tuesdays next preceding elections.
wYoMING: Books are closed twelve days before elections.
It will be noted that in Texas only is there a limit approximating that required by the law in Georgia, but in Te:!.as the payment of poil tax alone is the prerequisite, whereas in Georgia all taxes must be paid six months in advance of the election and, in addition, the voter must, in person, register six mouths before the election. In Texas one specific act only is required, and it may be performed by friend, neighbor or agent of the voter, except in cities of more than 10,000 population, where it must be in person, while in Georgia two specific acts are required and one of these must, without exception, he performed by the voter in person.
It is a Constitutional requirement that all faxes must be paid six months before the election in order that the voter may be qualified to exercise the franchise. Is not this- a sufficiently drastic requirement,

20

JOURNAL OF THE HousE.

is it not in itself an adequate safe-guard against "padding" without the additional prerequisite that the voter must go in person to the tax-collector's office, at least six months before the election, and sign the voters' list, without recourse in case sickness, business necessity, absence from the State or even excusable !negligeince prevents him from so doing? Should not the payment of taxes six months in advance of the election in itself be indicative of the voter's integrity, in itself indicate that he is no "venal voter," no "hobo," no "immigrant," but a good citizen?
In no other State of the Union are such multiplied impediments placed upon the exercise of the most sacred right of the free citizen.
Finally, as proving that the present registration law has inflicted a blow to the white electorate of Georgia which is truly appalling in its magnitude~ I call attention to the fact that by the Federal census of 1900, after deducting the non-naturalized foreigners, there were in this State 274,797 white males 21 years of age and upwards.
If during the past decade the population has increased proportionately as rapidly as it did during the previous one, viz: 20 per cenL we can estimate the present number of white males of voting age in Georgia at 329,576:
The reports of the registration in the State under the present law, as published in the daily press, indicate that there are now registered about 212,000 white voters.
Hence, by the operation of this law in effect, even

WEDNESDAY, JUNE 22, 1910.

21

after making liberal allowance for those made permanently ineligible by the Constitution, it appears that upwards of 100,000 white citizens are debarred from the right to vote in the elections of this year. The restrictions placed in the Reconstruction Constitution of 1868 did not by many thousands so restrict the right of suffrage to the white citizens of Georgia.
It is superfluous to argue that there are not 100,000 "venal'voters," "hoboes," "ward-heelers," and other objectionables among the white citizenry of Georgia, as those who contend for existing restrictions would by inference intimate. In several countieS" where the effect has been most glaring in depriving white citizens of their Constitutional right to vote, negroes sufficient in number to easily hold the balance of power in case of a close division of the whites have qualified.
I hold that the white citizenry of Georgia is honest, intelligent and responsible, and that each unit of it should have available the power to protect liis rights by the freeman's weapon, the ballot.
I, therefore, recommend that the limit between the close of the registration books and the date of elections be reduced to thirty days.
The ends of good government demand that the person who makes venal use of the franchise shall be denied the privilege of voting, but because he is per se a voter is no ground upon which to base a suspicion of venality. The law should be aimed at the criminal and not at the honest man. It is not fair to di_sfranchise possibly 50 good citizens in. order to catch one venal voter.

22

JouRNAL oF THE HousE.

It will, I believe, be admitted that tho~e voters
excepting negroes, at whom stringent regulations'
are aimed, will be found almost exclusively in the cities. Not that the citizenry of our municipalities is not of a high order, but owing to the thick population election evils may be more easily perpetrated in them than in rural communities. I make the suggestion, therefore, that if discrimination is to be made it be in favor of rather than against the rural voters; that if we must have severe restrictions they be placed upon the cities alone. Reference to memoranda given above will show that in many States that are noted for their progressive legislation with regard to the ballot no registration is required in purely rural communities.
If registration should be required in rural communities, better provision for the convenience of the voters should be made. Registrars should be provided for each militia d.istrict, or the tax-collectpr should be compelled to visit in person or by agent each militia district on some fixed or advertised days before each primary or general election for the purpose of affording each voter this facility without extreme inconvenience to him. It is proper to add that by the census of 1900, 89 per cent. of the population of this State resided in the country, a large proportion of them many miles from the court houses.
PROMPT PAYMENT OF TEACHERS.
In my first message to your honorable bodies I also called attention to the propriety of devising some. plan for the prompt payment of the school

.WEDNESDAY, JUNE 22, 1910.

23

teachers of the State, and suggested that there be an amendment to the Constitution authorizing the issuance of about $600,000 of bonds, the proceeds of which to be used to create a permanent loan fund for .the payment of teachers' salaries to be returned to this loan fund in December when the taxes are collected.
Parenthetically, let me say rhat it is not the means but the end which I consider most important. It is not so much a rna tter of how the teachers shall be paid, but that they should be paid. .The State owes it as a duty to those who serve it-most particularly to those who serve the future State by training rising generations-to be in position to meet every obligation when due. Delay in meeting bills is less excusable in the State than in private business.
If the proposed plan is adopted and the State should within a year or two determine by one tax levy to extinguish this entire indebtedness a rate of one mill on the present taxable valuations of property in the State would more than provide the necessary amount. If, therefore, only $100,000 of this indebtedness was retired each year it will be seen that the annual burden would not be great.
It is fair to state that the plan which I advanced has been criticised, hence, it is in order to call atten.tion to the fact that this plan, .if adopted, will inure mainly to the benefit of the teaeher8 in the country districts and the small towns. The teachers in the city schools generally get their salaries promptly through means adopted by the municipality. At-

24

JouRNAl, OF THE Hous:E.

lanta, for instance, not only pays her teachers monthly, but within the month of February of the current year she voted a bond issue of $3,000,000, a considerable portion of which was for the building of new school houses. The city's bonded indebtedness was already $3,995,500.00. This new. issue of bonds, therefore, increased her total indebtedness to $6,995,509.00, or about 6 per cent. on $115,765,696, the total assessed valuation of her taxable property.
The present bonded debt of the State of Georgia amounts to $7,034,202.00, which is less than one per cent. on $725,018,187.00, the total amount of the assessed valuation .of her taxable -property.
The bonded indebtedness of the other chief cities of the State range from two to nearly six per cent. of the amount of their assessed ta..mble values, and their tax rates which are uniformly higher than the tax rate of the State are in a large measure levied to pay the salaries of their school teachers promptly, hence it would seem that the people of the cities ought not to object to the plan which requires a small .increased burden-and that a temporary one-to secure the prompt payment of the salaries of coun~ try school teachers.
Nevertheless, as I stated in my_ first message, should you in your wisdom adopt some other practicable method by which the same r.esult .may be secured, it will receive my hearty concurrence.
In this connection', I would direct your attention to the need of better laws governing our system of popular education. Our State School De-
partment is barely more than a deri~al bureau or-

WEDNESDAY, JuNE 22, 1910.

25

ganized for the purpose of ~istributing the educational fund appropriated by the State, and for that purpose even it not as well provided for as its importance deserves. This Department, which is expected to supervise the distribution of two and onehalf millions of dollars-or approximately one-half of the State's total revenue-annually, is operated at less than $5,000 annual expense. Its head, who is supposed to be the head of our public school system, gets a salary which is smaller than that paid to the superintendents of schools in many towns an1 counties. It is fortunate that we have been able to secure high types of educators so devoted .to the work that they are willing to head this Department for the small remuneration, but it is not fair to expect such personal sacrifices, and besides we face the danger of being unable to retain or secure a thoroughly competent person, for this important office.
The State Board of Education should be so reorganized as to be composed of experienced educators, and its. authority should be e~tended; the State School Commissioner should be made State School Superintendent, in fact as well as in name, with authority to give, under the. supervision of the State Board of Education, some direction in the modes by which the school appropriations should be expended in different communities.. Such changes, I believe, would mean improvements to the public schools as a whole of such nature as would equal in efficiency an additional expenditure of a quarter of a million dollars under our present lax methods.
I am advised many counties are now drawing

26

JouRNAL oF THE HousE.

more money out of the State rrreasury for public schools than they put in, in all kinds of taxes, and it is but fair that the State which provides the means, though it comes direct from the people, should be able to exercise some authority in seeing that it is expended to the best advantage in securing the object intended.
BETTER TAXING SYSTEM NEEDED.
Bearing in mind now that to the tax-payer is our first and highest duty, let me say that in naught is reform more needed than in our tax-levying methods. The present system is old, cumbersome, crude, inadequate and unjust. No principle of government should receive greater reverence and care than that which says that all the burdens of government shall be borne equally by the beneficiaries. It is just as necessary that there be equal obligation and duty as that. there should be equality in the distribution of benefits. No one who has given the matter examination will argue that the burden of taxation is equally borne by the citizens of Georgia. Instead, the greatest of inequalities exist and will continue to exist until some method by which this burden shall be equally distributed has been adopted.
Our present system is essentially one of voluntary contribution; as our learned Attorney-General has aptly said, it is a case of "merely passing the hat.'' The result is that some are heavily taxed as compared with their neighbors, and some who reap most lavishly of the benefits of good government fail to pay their proportionate share. The lamentable

WEDNE!:;DAY, JuNE 22, 1910.

27

feature is that in the former class will, in the main, be found the small tax-payer, the humble owner of a cottage home, the ruralist with his few acres or few heads of stock, the workman with nothing but his household goods. In the latter will be found many of the owners of large properties. wealthy corporations and affiuent non-residents.
~omething should be done to insure the return of the large estate and the great holdings of corporations, on the s~me ratio of valuation as characterizes the returns of the owners of small properties, and to insure the return at equitable valuations of personal property upon by far the larger part of which no taxes are paid. Something should be done to see that property in each county shall be taxed by the State on the same basis of valuation that prevails in other counties. As it is now assessments are made without bare semblance of uniformity though the State tax rate is the same in all.
Therefore, I repeat the recommendation of my first message regarding the creation of county Boards of Equalizers; whose duty it shall be to revise all returns made to the tax receiver and to reject and assess those found to be at valuations less than the prevailing standards, and to search out and assess all property, personal or otherwise, which is not returned, of course pro~iding opportunity in all cases for the tax-payer to be heard. There should al!;!o be a State Board of Equalization whose duty should be to see that the same standard of values is adhered to ineach county, in order that there may be uniformity among counties, and to revise the re-

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turns of public service and other corporations such as make returns to the Comptroller-General, and to reject them when too low and assess them at the prevailing or proper standards of value. This system would be less expensive, fairer to all concerned, and less productive of inequalities than the present method of arbitration.
The cry may be raised that this will increase taxes. No greater sophistry could be employed to deceive the unsuspecting mind. It will not mean that . the total amount of taxes paid shall be more. It will mean that some who are now paying less than their share will be compelled to pay more, while.some who are paying more than their due will pay less. Larger assessed valuations, with the corresponding decline in the tax rate that will follow, will do much to place this State before the business world in a true light. If our assessed valuations were $1,500,000,000which in real value they are, or more-and our tax rate 2% mills, no more taxes would have to be paid than now yet we would stand before the country as one of its richest communities and having one of the most economical of governments.
In North Georgia there is a county where improve:! lands were returned in 1908 at an average valuation of $12.24 per ~;tcre, while in an adjoining county they were returned at $6.65; in middle Georgia one county returns improved lands at an average valuatic;n of $5.84, while an adjoining county pays taxes on the same kind of property at an average valuation of $3.89 per acre; in South Georgia will be found a county where improved



WEDNESDAY, JuNE 22, 1910.

29

lands are.assessed at an average of $12.86 per acre, while one adjoining pays taxes on an average valuation of $2.73 per acre.
Within the territory comprising the municipality of Atlanta, State and county taxes are collected on property returned at $84,053,739; on the same property city taxes are collected on an assessed valuation of $115,765,696, while the real value is estimated by the City Comptroller at $200,000,000. In Augusta property within the eity is assessed for city taxes at a valuation of $26,:324,072; for State and county taxes the same is returned-at $21,709,031 in Savannah, city taxes are collected on property valued at $48,689,875, while the same property is taxed by the State and county on a valuation of approximately $40,000,000. Similar inequalities, I suspect, exist with .regard to most, or all, city property in the State. It might be stated that these cities no longer abide the voluntary return system, prevailing in the State government, but, as a rule, have assessors who make direct assessment or minute revision of all returns.
In an address before the International Tax Con. ference in September of last year, Hon. C. Murphey
Candler, an expert on Georgia tax laws, said:
''Taking the latest estimated true values of all property in Georgia, made by the National Census Bureau in 1904, improved real estate constitutes 48 per cent. of all the property in the State and pays 51 per cent. of all taxes. All property in the State was returned for th~t year at 44 per cent. of its estimated true value.

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"Real estate and impro"vements were returned at 49 per cent., live stock and farm implements at 59 per cent:, railroad property at 40 per cent. and street railroad, electric light and gas companies, and shipping at 21 per cent. of their estimated true values. The Census Bureau gives no separate estimate as to the true value of money, nptes, accounts, solvent debts, etc., but it is exceedingly doubtful if this class of personal property is returned at over 30 per cent. of its value.''
While these ratio-s may have been somewhat ~hanged in subsequent years, it must be remembered that the assessments on which these figures were based by the National Census Bureau were made under the same laws and regulations as prevail now.
With much respect, but great earnestness, I submit the above stated facts to you, and believe they show that the subject is one deserving great consideration at your hands.

INHERITANCE TAX.
In this connection I again urge upon you the passage of a law placing a tax npon inheritances, graduated according to their size and their collateral nature., In England and in many of our own States this has been found a source of large revenue and one that is fair and equitable.
A LABOR BuREAU.
Permit me again to respectfully call your attention to the recommendation made in my first message

WEDNESDAY, JUNE 22, 1910.

31

to the effect that you establish a State Department of Labor.
The reasons then advanced for the establishment of such department appear now of even more controlling importance, besides to do so is both a demand of the .people, as expressed at the ballot box and in convention assembled, and a pledge of the administration of which you are a part. Since the Department of Agriculture has wrought such substantial benefits to the agricultural interests, we can readily anticipate that a Department of Labor would likewise protect the rights and enhance the interests of the laboring classes in the cities and other localities.
The great growth of the manufacturing and other industrial establishmentsin the State is demanding many thousands of new workers and their needs of fair. treatment and protection call for the most discerning care.
New problems regarding labor are_ arising, andsuch a department would not only serve the employee, but, in many instances, the e~ployer as well, by promoting harmonious relations between the two.
It is a matter of gratification that good relations have existed, almost without exception, between employe' rs and employees in this State. This makes the establishment of a labor department all the more desirable in order that the State shall contribute towards continuing such a beneficent condition.
Such departments have been established, in some form, by a number of States, and have been found highly satisfactory.

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IMPROVING THE CoTTON PLANT.
Acting under the direction of a Resolution (No. 4, Georgia Laws 1909) adopted at your last session, it was my pleasure since your adjournment to communicate with Mr. Luther Burbank, of Santa Rosa, California, with regard to including the cotton plant in his experiments. His reply is herewith submitted:
"SANTA RosA, CAL., March 17, 1910.
"To His Excellency, .
JOSEPH M. BROWN'
Governor of Georgia.
"EsTEEMED Snt: Your highly appreciated communication of March 11th just received, and while I am highly pleased to know that yourself and your _ Legislature have confidence in my abilty to improve the cotton plant (which most certainly can be improved under. the right management), yet I feel, under the great pressure to which I am continually subjected, that it will be impossible for me to do very much of anything in this line.
"Our coast climate is too cool for the cotton plant and I have so many experiments on hand and such a great amount of correspondence. which must be attended to, that I do not feel like sfarting a new experiment station further inland where the cotton plant would be grown with success. At the same time, I have now started some very small experiments in this line, which may possibly sooner or later

WEDNESDAY, JuNE 22, 1910.

33

be of some benefit to the growers of cotton. The study of the cotton plant in all its phases, sufficient to thoroughly encompass the work of improving it, would almost be a life work for a single individual. Hardines-s, productiveness, length and quality of stapl~, resistance to diseases and insects, especially the boll weevil, and a thousand other questions would be brought up in the improvement of cotton.
"While this work would interest me beyond measure if I was within the cotton belt, yet, having thousands on thousands of .experiments of other kinds, some of which have been going on for ten to thirty years, it would seem almost an impossibility for me to branch out and attack as I would like to such a. great subject as the improvement of cotton. My time is so occupied that I could not well attend to this, excepting in certain directions, more especially towards a hardier variety.
"If at any time I can make suggestions which will be of service to other workers, it is always my pleasure to do so.
Faithfully yours,
LuTHER BuRBANK.''
In this connection it pleases me to bring to your attention the splendid work being done on the above line by our State Agricultural College under the direct supervisicn of Dr. A. M. Soule and Prof. R. J. H. DeLoac~, and by the State Entomological Department under, the supervision of Prof. E. L. Worsham. These experiments have developed to an extent that promise great benefit to the cotton

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growers of the State, _and I commend them to you for consideratioy. and encouragement.
I am advised that the State Agricultural College is engaged in the development of a cotton plant which will be proof against Anthi'acnose and which will have a longer and more valuable fiber. The success of this effort by experiments will add great value to the cotton crops of this. State and I, therefore, recommend a reasonable appropriation to the State College of Agriculture to be used in carrying on this work. The w-ork of the Entomological Department in overcoming "black root" has met with encouraging results and provision for its continuance should be made.
RAILROAD CoMMISSION.
The sovereign people of Georgia, in the election which cho~e your honorable bodies, adopted, through their representatives, a platform which contained the following expression of their will :
"We are opposed to unnecessary offices which 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 present Railroad Commission from five to three, .and the abolition of the office of special attorney of the same.''
I respectfully renew the recommendation made in my first message that this mandate of the people be made effective. The present number of members of the Railroad Commission and the consequent in-

WEDNESDAY, Ju:sE 22, 1910.

35

crease in its expenses are out of proportion to its usefulness and the tax-payers should be relieved of these superfluous burdens.
BIENNIAL SESSIONS.
Another matter to which I call your attention is that of biennial sessions. for the General Assembly. Only about one-half dozen States in the American Union now have annual sessions of their law-making bodies, and the sentiment of the people of Georgia appears positive to the effect that this State should be freed from the expense of yearly sessions, which are calculated, also, to burden the people with unnecessary laws.
DEPARTMENTAL REPORTS.
The reports of the State House officers and of trustees of colleges and public institutions and of our other boards are or soon will be before you. I respectfully commend them to your attention as containing much useful and creditable information with many worthy recommendations too numerous for mention here.
REPAIRS IN LEGISLATIVE HALLS.
Acting under direction of your honorable bodies, I have had the halls of the House of Representatives
and the Senate renovated, repaired and re-carpeted. The work was let in two contracts, one for repairs and decorations and the other for carpets. Each contract was let by bids, suitable advertising being

..
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J ouRN AI, OJ<' THE HousE.

made and full opportunity offered all who desired to make estimates.
In order to insure the most acceptable results in the matter of repairs and decorations, I thought it wise to reject all of the first bids submitted for that part'of the work. 'l'he work being of a highly technical nature, a reliable and.skilled architect was em-
ployed to prepare specifications and engaged to supervise the work, under which, after advertising throughout the State, bids were again submitted and opened, the <!ontract being let to the lowest bidder.
The re-carpeting cost $4,890.37 and the decorating and repairing $6,123.00. The services of the architect cost $350.00, J?aking a total of $~1,363.37.
Payments on these contracts have been made out of the Public Buildings fund, causing the same to be severely taxed, and which will not be able to sustain the extra expense unless re-imbursed. Therefore, I respectfully suggest that the Public Buildings Fund be reimbursed in the sum of $11,363~37.
In the above connection, the Engineer of the Capitol brings to my attention in his annual report, the fact that the Capitol Building boilers are in serious need of repair. He states that money might be saved by replacing them with new ones, and has secured estimates covering the expenditure which are now on file in the Executive Office. He also, urges, as a matter of economy as well as comfort, that the Capitol elevator be changed from steam to electric power.

\VEDNESDAY, JUNE 22, 1910.

37

. INSURANCE PREMIUMS.
During the year, new property coming into possession of the State needed to be insured, and some old property that had been omitted from the insurance schsdule or which was covered inadequately was brought to my attention. I authorized the issuance of policies on this property, each being for a period of five years, but, in the absence of any insurance fund at my disposal, contingent upon an appropriation to meet the premiums. The total amount due is $2,498.05. I suggest that the sum of $5,000 be apP.ropriated as an insurance fund, out of which premiums on existing new policies shall be paid and any further needs of like nature met pending the expiration of the general schedule of State insurance.
THE NEw CoDE.
The special Commission from your two houses which was named to examine the new St_ate Code prepared by Ron. John L. Hopkins and tentatively accepted by you, has made its report to me, which is herewith submitted to you. (Appendix B).
The manuscript for the new Code is now in the possession of this department and awaits your direction.
PARDONS.
In conformity with the requirements of the Con- stitution, I herewith submit to you a statement of all the pardons, commutations and reprieves granted by me during the past year. (Appendix A).

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Rather than make this message too voluminous, I have deemed it wise to postpone the discussion of some matters which I shall bring to your attention a few days later.
CoNCLUSION.
And now, in conclusion, allow me to repeat the assurance of co-operation with which I closed my first message to your honorable bodies. Our powers and duties, it is well known, are different, but associate. You occupy the dual status of being the c~ystallization of the sovereign people and the agents of the same to whom they have delegated duties which they have made mandatory. I am the Executive of their will as written upon the statute books by you. The Executive cannot enact a law, he cannot repeal a law; but, with the instruments of authority placed in his hands, he can enforce the laws you enact. Let us then hold ever in mind that the protection of society, equally, impartially, firmly, discerningly and completely is our paramount duty to the people of the State.
Respectfully submitted,
~MA-~.

.WEDNESDAY, JUNE. 22, 1910.

39

(APPENDIX A.)
In Compliance with the provisions of Section 5815 of the Cod~ I herewith submit report of all repreives, commutatiQns of sentences, pardons, etc., granted during the past year.
pARDONS GRANTED.
L. M. PATTEN.-Selling Whiskey. Criminal Court of Atlanta, spring term, 1909. With fine of . six months in jail. He was convicted on evidence of man who was afterwards convicted himself. He is from good family, and his previous record is good; he has served four months in prison; and his release is recommended by Assistant Chief. of Police, by detectives who had charge of case, by Solicitor General who prosecuted case, and . by Judge who presided at the trial. Pardon granted July lOth, 1909.
LAcE SIMPSON.-Murder. Superior Court, Hart county, March term, 1899. Life imprisonment. Witness who was young at date of trial makes affidavit that she was excited an:d made mistake in giving evidence on trial, which is material testi~ mony; from affidavits it appears that the offense might have been only manslaughter; he has served with good record ten years, and his pardon is recommended by practically all of the trial jury, by the officers of the county, by the Solicitor General and by the prosecutor. Pardon granted July 21st, 1909.

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J. H. WICKER.-Cheating and Swindling. County Court of Green County, March term, 1909. Sentence 12 months chain-gang. County physician certifies that he has chronic kidney trouble and dropsy and is unfit for service. Commissioners and most of other county officers ask his imme:liate release on
r
grounds of humanity. Pardoned July 22nd, 1909.

JIM ELLISON.-Larceny. City Court, Atlanta, spring term, 1909. Sentenced to 10 months and $75.00. Criminal intent doubtful; family upon public charity. The prosecutor, pr~siding judge and solicitor ask his release. Pardon granted July 24th, 1909.

HAYWOOD PowELL.-Burglary. Superior Court, Bibb county, January term, 1906. Sentenced for 5 years. He has served all of sentence but eight. months, with good record, and was only 15 years, or less, when convicted; his pardon is asked by the trial Judge and the Solicitor who prosecuted case. Pardon granted July 30th, 1909.

HENRY A. 1-IEITMAN.-Bigamy. Superior Court, Bartow county, 1907. Three years sentence. Some doubt as to guilt, and his physical inability to perform labor required is vouched for by four physicians; the county physician where he is confined certifies officially to his extreme inability to work. His wife also asks his release. Pardon granted August 3rd, 1909.

\VEDNESDAY, JuNE 22, 1910.

41

JAMES REED.-Murder. Hall Superior Court, July term, 1907. Life imprisonment. States witness admits be was mistaken on material point; his physical condition very bad, and his pardon asked by 1,600 citizens of county where crime was said to have been committed, also, by trial jury, grand jury, and trial Judge. Pardon granted August 4th, 1909.

SHERMAN BREWER.-Burglary. Fulton Superior Court, November term, 1903. 11 years in penitentiary. He was convicted on three separate charges, but Judge Fite, who presided at the trial, told him if he made a good record that he would recommend that two years be taken from sentence. Prisoner has made good record and Judge Fite recommends the pard_on. Pardon granted August 6th, 1909.

ALICE WrLLIAM:s.-Misdemeanor. Eight months chain-gang. She served about 6 months; has been sick most of the time, and confined to bed about one month, and there are serious doubts as to her recovery if further confined in prison~ Pardon granted November 1st, 1909.

,JoHN N. PYLE.-Manslaughter. October term, 1909, Superior Court, Early county. Sentenced to 8 years in penitentiary.,. Character of:prisoner good prior to conviction. Grand jury 1eturning bill and trial Judge, together wilh all officers including St>licitor, recommend hi& pardon. Pardon granted December 9th, 1909.

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JouRNAL OF THE HousE.

SAMUEL SuMM.ERs.-Burglary. March term, 1908, Superior Court, Gwinnett county. Sentenced to reformatory. He is a young white boy, who is said to have been influenced to participation in the crime by an older boy, who technically guilty, record at reformatory good. Solicitor General prosecuting, doubts whether the boy should have been convicted, and strongly urges his pardon. Pardon granted December 17th, 1909.

J. W. RoYALs._:_Misdemeanor. July term, 1909. City Court, Valdosta. Sentenced 12 months chaingang. His wife and six children dependent upon him, are in destitute condition. Judge Smith, who presided at trial, Solicitor who prosecuted case and a number of citizens of Lowndes county, recommend release. Pardon granted December 20th, 1909.

E. A. MooRE.-Murder.-Fall term, 1905. Superior Court, Chatham county. Only son of widowed mother; was conductor on street car, and. having difficulty with passenger, fired shot which killed lady on street. His crime, if any, it seems should have been involuntary manslaughter in commission of unlawful act. A large number of the citizens .of Chatham county, together with city recommend pardon. Par~on granted December 20th, 1909~

EuGENE HuTCHINSON.-Misdemeanor. August term, 1909. City Court of Hartwell. Sentenced to 12 months or $250.00 fine. A married man with invalid

WEDNESDAY, JuNE 22, 1910.

4'3

wife and several small.children dependant upon him. Court of Appeals says "the evidence is barely discernable to judicial scrutiny." Presiding Judge, Solicitor prosecuting the case, together with Sheriff, strongly recommend clemency. Pardon _granted December 20th, 1909.

GEoRGE MADDox.-Stabbing. August term, 1907. Superior Court, Spalding county. Sentenced to reformatory. Boy was about 12 years old at date of difficulty, and was struck by another boy with whip, whereupon he threw knife at him, making painful wound, but not serious. Previous record is good and the Solicitor General prosecuting. case strongly .requests discharge. Pardon granted December 20th, 1909.

JOHN .PENLEY.-Gaming. August term, 1909. Superior Court; Spalding county. Sentenced to 6 months chain-gang. He is a young white man; a aon of a poor widow woman; other boys engaged in the game paid fine of $40.00 and were released. Penley being unable to pay fine began service August 11th, 1909. Mother and five young children needs his help; only white person .in Spalding camp, and a large number of citizens, also chain-gang. County Commissioner. recommend his pardon. Pardon granted December 20th; 1909.

MAuD SHORTER.-Attempt to Murder. November term, .1908. Superior Court, Stewart county.

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JOURNAL ciF THE HousE. .

Sentenced to reformatory. Girl was only 11 years old when tried and sentenced. Superintendent writes that she has made an excellent record, and asks her release. Pardon granted December 21st, 1909.
JoHN vV. CHAPMAN.-Drunkness. August term,
1909. Superior Court, Milton county. Sentenced to 12 months in chain-gang. Offense did not re3ult in difficulty with another one; is of a good family and previous good character. His family, consisting of wife and three small children, who are in des- titute circumstances. Has been confined in chaingang about 4 months and the condition of his family is such as to need his presence. Pardon granted December 20th, 1909.

TERRRY W. CoRDRAY.-Assault and Battery. Fall term, 1908. City Court of Blakely. Sentenced to reformatory. Has served 14 months; maximum sentence for crime \Committed. Is only child of mother who needs his labor to care for her. Solicitor City Court, together with officers and Mayor of Blakely and number of citizens ask his discharge. Pardon granted December 21st, 1909.

JoHN BuRNs.-Misdemeanor. Convicted. City Criminal Court, Fulton county, 1909. Sentenced 3 months en chain-gang or $25.00. He is a very old white man who was convicted for being drunk on the public highway without disorderly behavior. Judge

WEDNESDAY, JuNE ::!2, 1910.

45

who tried him and Solicitor who prosecuted, regard that his age and circumstances of his offense, together with good record on chaingang works release, he is unable to pay fine. Pardon granted December 23rd, 1909.
W. A. CHAMBERs.-Larceny. May term, 1909. Criminal Court of Atlanta. Sentenced to Fulton County Reformatory. It is represented that boy was put into the reformatory at instance of father, who thought he had taken money from older sister. His guilt is doubtful and his mother, a Christian lady, and other members of the family request his release. Pardon granted December 24th, 1909.

WALTER L. HoRNSBY.-Assault and Battery. June term, 1909. City Court of Atlanta. Sentenced to 12 months chain-gang or $300.00. Presiding Judge, Soli~itor General, Sheriff of county and, a number of citizEns, and mother of boy assaulted, ask his pardon. Pardon granted J anrtary 12th, 1910.

HERMAN MENDELL.-Assault and Murder. Fall term, 1908. Superior Court, Muscogee county. Sentenced to penitentiary. Judge and Solicitor General prosecuting, indorse application for pardon. Pardon granted January 12th, 1910.

CHARLES. ArKEN.-Concealed weapon. January term, 1910. City Court, Atlanta. Fine of $50.00

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JOURNAL oF THE HousE.

and costs. Presiding Judge and Solicitor who prosecuted, indorse application for clemency. Pardon granted February7th, 1910.
J. S. TmnBLE.-Misdemeanor. October term, 1909. City Court, Atlanta. Fine $100.00 or 12 months in chain-gang. Presiding Judge, Prosecuting Attorney, recommend application for clemency. Presiding Judge expres,se.s doubt as to guilt. Paraon granted February 3rd, 1910.

LEVI ELLIOTT.-Simple Larceny. February term, 1908. City Court of Atlanta. Sentenced to Fulton County Reformatory. He was 15 years old when sentenced, and has been in, reformatory about two years. His mother who lives in rrennessee desired to take him home and put him in to school. Pardon granted February 3rd, 1910.

GuY MoRGAN.-Simple Larceny. March term, 1909. City Court, Atlanta. Sentenced to Fulton County Industrial Farm. Was sentenced for very trivial offense. Presiding Judge, Sheriff, Hon. Jerome Jones and many others of prominence recommend his application for clemency. Pardon granted March 9th, 1910.

JEROME Woon.-Malicious iscbief. Fall term, 1909. City Court, Hazelhurst. Sentenced to State Reformatory. Is son of widowed mother, and seems to have been convicted of trivial offense. Judge of

WEDNESDAY, JUNE 22, 1910.

47

City Court, Clerk of Court and a large number of citizens ask his release; Pardon granted March 9th, 1910.
T. A. McGINNis.-Bigamy. Fall term, 1908. Superior Court, Forsyth county. Sentence two years in penitentiary. He is weak mentally, and having married, instituted proceedings for divorce, procured one verdict, and thought he was authorized to marry again, did so and was indicted, whereupon he plead guilty, Solicitor General, trial jury and honorable citizens of county, recommend his re. lease. Pardon g;ranted March lOth, 1910.

EARL VAUGHN.-Simple Larceny. January term, 1910. City Court, Atlanta. Sentenced to six months in jail. He is a young man of unsound mind, recently from State Sanitarium at Milledgeville; sick with fever in Fulton jail; father desired to take him to Grady Hospital. Pardon granted March 11th, 1910.
LILLIUS TH~ '~o:.n.-Assault with Attempt to to Murder. Sp1 :.:.~ term, 1909. Superior Court, Jackson, Ga. Sentenced two years in penitentiary. His pardon is recommended by County officers, 15 members of the Grand Jury returning indictment. Hon. John Holder, Speaker of House Representatives and numerous good citizens of county recommend his par~...::::J. His. wife and ~hild dependent upon him are in destitute condition. Pardon granted April llth, 1910.

48

,JOURNAL oF THE HousE.

OLIVER FINCH.-Selling Liquor. March term. 1909. City Court of Statesboro. Fine $300.00 and six months in chain-gang. Fine and costs which amounts to $460.00 has been paid, and has served in chain-gang since March 7th, 1910. Seems to have been largely under control of older brother. Application indorsed by trial jury, except one inaccessible. Ron. J. J. E. Anderson, county officers and about 800 citizens,~ neither Judge nor Solicitor op- pose. Pardon granted April 12th, 1910.

EARL OvERBY.-Simple Larceny. May term, 1909. Criminal Court, Atlanta. Sentence Hapeville Reformatory. Was convicted of trivial offense, has been confined about one year. Mother is grief stricken on account of death of the young brother and had ask his release. Pardon granted April 12th, 1910.
G. M. MANus.-Selling near beer without license. Spring term, 1909. City Criminal Court, Atlanta. Sentence $100 or 12 months in chain-gang. He is an old infirm Confederate soldier. Trial Judge, Prosecuting Attorney and Chief County Police, together with Sheriff, recommend his release. Pardon granted April 15th, 1910.
NEWTON J. THRELKELn.-Murder. Spring term, 1906. Superior Court, Grady County. Life imprisonment. Nine of trial jury say they do not believe he was guilty of murder, but only of manslaughter,

.WEDNESDAY, JuNE 2~, 1910.

4!)

which was not given in charge of trial. Hon. W. S. Wright, member of Legislature from Grady County, and Hon. W. S. West recommend his release. Pardon granted April 16th, 1910.
ARTHUR CoLE.-Selling liquor. Fall term, 1909. Superior Court, Fannin county. :B,ine $1,000 or 12 months in chain-gang. He began services in chaingang October 1909. In view of severity of sentence and having served more than six months, his pardon is granted upon payment of $100.00. Pardon granted May 5th, 1910.
WILL W. McKINNEY.-Vagrancy. February term, 1910. Criminal Court, Atlanta. Sentence 12 months jn chain-gang. Was addicted to the use of drugs, opium and morphine. No substantial charge against him, but was tried and sentenced to gang in ord~r to cure him of habit. Doctc,r says he is cured and recommends pardon, application indorsed by trial Judge and Solicitor. Pardon granted May 11th, 1910.
B. T. McHENRY.-Forgery. February term, 1910. Superior Court, Chatham county. Sentence six months in jail. Intent doubtful, amount involved only $4.00. Jury recommend pardon, present character good; family badly in need of his labor. Pardon granted May 16th, 1910.'

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JOURNAL oF THE HousE.

CoMMUTATIONS GRANTED.
RoBERT HAYwoon.-Gaming. April term, 1909. Superior Court, Fulton county. Sentence eight months in chain-gang or $50.00. According to state~ ment of County Physician McDonald, this boy is confined in the Incurable hospital of Fulton County Camp, suffering from consumption, and will never be able to work in the future. In opinion of physician, he can only live a short while, but being permitted to go home to his mother in the country, Ills life may be prolonged; present record good. Commutation granted July 8th, 1909.
FRANK MEYERs.-Stealing Ride. Octoper term, 1908. Superior Court, Fulto~ county. Sentence 12 months chain-gang. Meyers was morphine fiend, and at the request of mother was sentenced without fine; in order to be cured of morphine habit, he is now well, having served 9 months. Judge who sentenced, Solicitor prosecuting him, together with Dr. J. W. Hurt recommend his release. Commutation granted.
BoB ~FwYn.-Larceny. Superior Court, Warren county. Sentence 12 months chain-gang. He is mffering with incurable disease in hospital; physician and surgeons certify to his condition, and County Commissioners command his release. Co:;:-.-mutation granted July 8th, 1909.

WEDNESDAY, JUNE 22, 1910.

51

D. C. FINCH.~Selling Whiskey. Febr11ary term, 1909. City Court of Statesboro. Fine $1,000 and three months in jail. Reputable physicians certify that he has suffered from chronic rheumatism and engorgement of the liver, all of which would be increased by long confinement in jail. Sentence commuted to 20 days service in jail and payment of $1,000. Commutation granted July lOth, 1910;
Guss PEASE.-Murder.. Spri~g term, 1893. Superior Court, Cobb county. Sentence Life imprisonment. Trial jury and presiding judge being fully acquainted with facts, urge release on the grounds that prisoner has been sufficiently punished to satisfy the demands of law. The Wardens certify to good conduct during 16 years of service; many citizens urge clemency.. Commutation granted July 25, 1909 .
.R. L. VANDEFoRn.-Rape. Superior Court, Fall term, 1906. Gwinnett county. Twenty years in penitentiary. Solicitor General says public excitement was great, and it was doubtful whether defendant was guilty with more than misdemeanor. Defendant's counsel insist that he is innocent. 650 citizens, all of Gwinnett county, ask his release, say that his conviction was a miscarriage of justice, on account of overwhelming excitement, and say that they do not believe that he is guilty of crime charged. His conduct as a prisoner has beE:n very good and exemplary. Commutation granted August 3rd, 1909.

JouRNAL oF THE HousE.
RICHARD ALLEN.-Burglary. October term, 1908. Superior Court, Fulton county. Sentence 12 months. HaS' served all of sentence except two months, and is unable to work on account of disease, for which reason clemency is recommended. Commutation granted August 6th, 1909.
NoRMAN JAcKsoN.-Voluntary Manslaughter. December term, 1900. Superior Court, Chatham county. \Vas convicted mainly on testimony of witness who was drunk and witnessed the killing. The defendant denies guilt. Has served 10 years and Solicitor General, seven members of trial jury and a large number of reputable citizens ask clemency on grounds of sufficient punishment and doubt as to guilt. Commutation granted August 6th, 1909.
CLEVELAND PICKLEHEIMEn.-Murder. February term, 1906. Superior Court, Cherokee county. Was. only 18 years of age when crime was committed and was put upon trial three days after arrest. His father 80 years of age, his aged mother, together with mitigating circumstances gave request for clemency by Grand jury, trial jury, county officers, Solicitor General and large number of reputable citizens authorize his release. Commutation granted August 6th, 1909.
.W. L. JouoHIN.-Assault with Attempt to Murder. June term, 1907. Superior Court, Chatham, Ga. Sentence 7 years in penitentiary. Was accused

/.

WEDNESDAY, JuNE 22, 1910.

of assaulting his wife, though injury very slight. He bas served two years and his recommendation for pardon is recommended by Solicitor General, foreman of the jury and others. Commutation granted August 6th, 1909.

RILEY WALTON.-Burglary. Spring term, 1909.

Taylor County. Sentence 4 years in penitentiary.

Was convicted for entering house in day time and

taking therefrom $4.75, upon evidence of negro man

and liis wife. Mr. V ann, a reputable white man,

testifies that he was picking cotton in the field at

time of alleged crime, thereby establishing alibi.

He is of good family. Commutation granted August

7th, 1909.

.

GoRDON SIRMANs.-Selling Liquor. November term, 1908. Superior Court; Decatur county. Sentence 12 months chain-gang. Has rheumatism involving heart, which is certified to by County Physician, exposure makes condition worse. County Commissioners, county officers, Senator and Representative, together with other good citizens of the county, ask clemency. Commutation granted August 7th, 1909.

ALF HALL.-Burglary. Fall term, 1907. Super~or Court, Ben Hill, Ga. Was confirmed opium eater, wandering around, physically unable to do much work, and in this condition, stole clothing and food in day time from dwelling houses. 'Vns sent to

54

JouRNAL oF THE HousE.

State Farm where he remained two years with good conduct. Physician at State. Farm certifies that he is thoroughly cured of opium habit. Trial Judge satisfied that the object of sentence and law vindicated. Commutation granted August 9th, 1909.

GEoRGE CooPER.-Larceny after Trust. April term, 1907. Superior Court, Chatham county. Sentence 8 months. Testimony technically justifies conviction, but present. circumstances indicate no criminal intent; while intoxicated borrowed gun and pawned it, but redeemed same and returned it. Owner of gun did not prosecute and. asks release. He is working man with large family and has served nearly half of sentence. His release is asked by Representatives of the .county. Commutation granted August 9th, 1909.

En KNox.-Murder. March term, 1901, Superior Court, Franklin county. Sentence life imprisonment. Evidence defendant developed Prison Commission shows voluntary manslaughter. His release is recommended by 12 Grand jury, 5 trial jury and large number of citizens, by trial Judge and Solicitor General. Commutation granted August 10, 1909.

CHARLEY HunsoN.-Violation Prohibition Law. June term, 1909. City Court. Fine and 10 months chain-gang; five months jail, $75.00 fine. Hudson is pl1ysical1y unable to work or stand upon his

WEDNESDAY, JuNE 22, 1910;

55

feet. His pardon. is recommended by trial J~dge, County Commission, City Court and by Physician and Sheriff. Had previously served in city chaingang for s-ome offense and received injury while confined therein. Commutation granted August 13th, 1909.

LouisA LINDSAY.-Infanticide. Spring term, 1900. Superior Court, Spalding county. Sentence life imprisonment. At last stage of consumption, and can only live few weeks. Trial jury, presiding Judge and many citizens recommend her release. Commutation granted August 28th., 1909.

BEN GADSON.-Burglary. December term, 1905. Chatham county. Sentence 7 years in prison. Has served nearly 4 years of sentence and is suffering from incurable disease and unable to perform any labors. County Commissioner and others recommend his release. Commutation granted September lOth, 1909.

GILBERT MATHEws.-Rape. January term, 1908. Superior Court, Bibb county. Sentence 10 years in prison. Is a negro between 60 and 70 years. His pardon is ~ecommended by trial Judge, Prosecuting Solicitor, trial jury, Sheriff and deputies, together with jailor and others. Sheriff states that a number of burglars had planned killing o~ jailor and defendant gave information concerning same and prevented jail delivery with probable saving of jailor's

56

,JOURNAL oF THE HousE.

life. Girl of bad character. Conimutation granted September lOth, 1909.
Ji_,RANK JARVIs.-Misdemeanor. February term, 190fl. Superior Court, Cherokee county. Sentence 12 months in prison. Brother and sister have died with tuberculosis and it is believed that defendant has contracted same. His pardon is asked by trial Judge Morris, county officers, preachers and reputable citizens of Cherokee county. Commutation granted September lOth, 1909.
ELISHA \VmTE.-Gaming. August term, 1909. Superior Court, Muscogee county. Sentence three months in jail or $40.00. Defendant makes affidavit that he was never charged with any crime but this. Began service in jail August 3rd, and is unable to pay fine, his wife and six children, oldest less than 10 years and youngest about six months of age. Trial Judge thinks circumstances warrant commutation, same is also recommended by Solicitor General and Mayor city of Columbus. Commutation granted September 20th, 1909.
CLEVELAND, ANDERSON.-Murder. Fall term, 1909. Superior Court, Iflulton County. Sentence life imprisonment. Boy was 16 years old when convicted; some doubt as to criminal intent. Has consumption as certified to by Dr. Green. Has served about 10 years with good record, which together
with physica,l condition authorize3 clemency. Com-
mutation granted October 12th, 1909,

.WEDNESDAY, JuNE 22, 1910.

57

ALICE "\VILLIAMs.~J\Esdemeanor. City Court. April term, 1909. Lowndes county. Has served more than half of sentence at State Farm. Pardon is recommended by prosecuting Solicitor upon payment of $100.00. and costs. Commutation granted October 12th, 1909.
Louis CHAMBERs.-Assault to Rape. October term, 1907. Superior Court of Whitfield county. Sentence 10 years in prison. Hon. A. W. Fite, trial Judge says he doubts if boy was guilty of anything more than assault and battery, and he, to- gether with Solicitor General prosecuting case recommend clemency, Application is indorsed by ttial. jury and ;mother of girl. Commutation granted October 12th, 1909.
TILT SHELTON.-Murder. Aug11st term, 1908. Superior Court, Chattahoochee county. Sentence life imprisonment. Convicted on slight testimony, and it is very probable that killing was result of an accident due tQ want of knowledge in handling automatic pistol. Many of the best citizens of the county urge clemency. Commutation granted October 12th, 1909.
JoHN GRIFFIN.-Misdemeanor. October, 1909. Calhoun County. Sentence two months in jail or $200 fine or 10 months . in chain-gang. Previous record good, sold a pint of whiskey. Several of family died with tuberculosis, and he now has same disease, which would likely be precipitated by eon-

58

JOURNAL OF THE HousE.

finement m jail. Fine of $200 or 10 months in chain-gang. Commutation granted October 30th, 1909.

DAvE. WILLIAMs.-Concea1ed weapons. Two cases. September term, 1908. Spalding county. Sentence of 12 months in chain-gang in each case. Has served one sentence and two months on another. Trial judge recommends release upon payment of $75.00. Commutation granted upon pay:ment of $75.00 November 1st, 1909.

L~ H. GRIZZARD.-Burglary. November term, 1907, Superior Court, Fulton county. Sentence 3 years imprisonment. Former employers certify to his. previous honesty. Trial judge, presiding Solicitor recommend clemency, to which proprietor of hotel states to them is entirely agreeable. Commutation granted November 13th, 1909.

PEARL HAwKINs.-Adultery. Fall term, 1909, Su.perior Court, Pickens county. Sentence 6 months. Physical condition is such, and conveniences at / State Farm are of character that require her release in interest of society 'and humanity. Commutation granted November 15th, 1909.
LYDIA HARDEN.-Vagrancy. 1909 term Superior Court. Appling county. Sentence 12 mol!ths~ Physical condition is such and conveniences at State Farm are of character that require her release

WEDNESDAY, JUNE 22, 1910.

59

in interest of society and humanity. Commutation granted November 15th, 1909.
ELix FEARs.-Larceny. May term, 1909, Superior Court, Fulton county. Sentence 6 months in jail. He iS' suffering with tuberculosis of the lung and physicians recommend his release in order to prevent probable spread of disease. Term would expire 28th. of Novembe,r. Commutation granted November 2nd, l909.
RopERT SHEPARD.-Murder. Spring term, 1905. Sentence life imprisonment. The evidence developed before the Commission was not produced at trial, and shows. grave doubts as to guilt of defendant. Trial judge, Solicitor-General and Clerk of court recommend application for his release. Commutation granted November 13th, 1909.

WILL TnuMPLER.-Misdemeanor. Spring term, 1909, City Court of Richmond county. Sentence 8 mop.ths in prison. Boy was only 16 years old and was convicted of assault and battery. Boy assaulted was !Only slightly injured. Application is recommended by Solicitor of City Court, members of city council, chief of police, Ron. W. H. Fleming, Sheriff of county, Mayor of Augusta, President of the Board of Health and members of the Legislature. Commutation granted November 17th, 1909.
JoHN HARPER.-Murder. August term, 1907, Superior Court of Murray county. Death penalty.

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The record shows that the Solicitor-General, prosecuting the case, stated to the jury in his open remarks that he would prove by eye witnesses the crune. 'l'his he did not do. Affidavit of eye witness above referred to since the trial has made affidavit
to the effect that the sheriff, whom Harper killed,
did not give Harper reason to know that he was such officer and shouted "holJ them up." The witness further says that Keith (the deceased) shot several times as he pursued Harper. Finally after he had run some distance, about two hundred yards, Harper turned and shot at Keith.
Two of the jurors made affidavits concerning this statement and say h~d they heard at the trial, the statement made in.the affidavit they would not hiwe convicted said Harper of murder, nor would they have agreed to a verdict of murder in said case.
T'wo ;Justices of the Supreme Court, to-wit.: Ron. Beverly D. Evans and Horace B. Holden, have in written statements said that they consider the case as being one warranting commutation. One membN of the Prison Commission strongly urges by way of argument the way of clemency, commuting said sentence to life imprisonment. Commutation to life imprisonment granted October 28th, 1909.
. PETER WILLIAMs.-Gaming. May term, 1906, Criminal Court of Atlanta. Sentence 12 months in gang or fine of $75.00. Defendant is in last stage of Bright's disease, and the opinion of Dr. McDonald. is that he can only live a short while. :Warden cer-

WEDNESDAY, JuNE 22, 1910.

61

tifies his conduct to be good smce confinement. Commutation granted November 15th, 1909.
CLIFFORD WEsT.-Misdemeanor. August term, 1907, City Court of Monroe. Sentence 6 months chain-gang, or $25.00. He is in the last stage of consumption. Presiding judge_ and trial solicitor recommend clemency. Dr. Elrod says he is unable to work and is a menace to the camp. Commutation granted November 16th, 1909.
LizziE TEASELEY.-Selling liquor. September term, 1909, Superior Court, Cobb connty. Sentence 6 months chain-gang. She was received at convict camp September, 1909. County physician where she is confined in camp hospital, says she is suffering from tuberculosis, and owing to this heartily recommends pardon as soon .as possible. This certificate is approved by Board of County Commissioners. Commutation granted November 20th, 1909.
DALLAS HALL.-Burglary. Spring term, 1909, Superior Court, Jackson county. Sentence two years in prison. Trial judge strongly urges commutation of sentence. Commutation granted November 20th, 1909.
JoE GREER.-Conc~aled weapon. March term, 1909, City Court, Jasper county. Sentence 8 months chain-gang. M. J. McElheny makes affidavit that prosecutor after trial told him that defend-

62

JouRNAL oF THE HousE.

ant did not have pistol concealed. Eleven members of trial jury ask that his sentence be commuted. Sentence commuted and fine of $20.00 November 20th, 1909.
A. E. SALLY.___;Mis.demeano~. Spring term, 1909, Superior Court, Richmond county. Defendant is a physician residing in Augusta for several years, and judge pronounced sentence and stated that defendant was an ill man, and that sending him to gang wo'Qld mean his death, and under the law he would be forced to give him jail sentence. Considering the increasing disease of the prisoner, presiding judge together with the Solicitor~General, trial jury, judge City Court, Mayor of city and 30 physicians ask his release. Commutation granted December 1st, 1909.
MosE BusH.-Breaking jail. March term, 1909, Talbot county. Sentence 12 months chain-gang. Has served 9 months of sentence. County Commissioners and camp physician certify that he is dying of tuberculosis and ask his release. Commutation .granted December 7th, 1909.
J. B. DEAN.-Burglary. January term, 1909, Criminal Court, Fulton county. Sentence two years in prison. The entire trial jury recommend release. Strong evidence showing an l;tlibi has been submitted. Commutation grante'd December 10, 1909.
PRIMUS BuFFINGTON.-Voluntary manslaughter.

WEDNESDAY, JuNE 22, 1910.
August term, 1905, Superior Court Hall county. Sentence 10 years in prison. Presiding judge and trial solicitor, Hon. Fletcher Johnson, attorney fo.r prisoner, county officers, all of jury that are accessible, both members of the Legislature, chief police of Gainesville,. City Clerk and Mayor and a number of citizens ~sk release. Commutation granted December 11th, 1909.
HoMER LuNSFORD.~Misdemeanor. October term, 190~, Criminal Court of Atlanta. . First offense of the defendant. His release is recommended by Solicitor Hon. Lowry Arnold, R. M. Wiley, prosecutor, and others; Sentence commuted December 9.th, 1909.
FRED !RBY.-Concealed weapon. October term, 1909, Superior Court Houston county. Sentence 12 months chain-gang. County physician certifies that . be is suffering from very serious affliction of double hernia and is ]rable while undergoing the sentence to become strangulated, producing permanent disability. Is unable to work and citizens recommend commutation defined. Commutation granted upon payment of $35.00, December 14th, 1909.
JoHN LIVELY.-Misdemeanor. September term, 1909, City Court, Atlanta. Sentence 10 months in chain-gang. Two cases against defendant, one for being drunk on public highway, and the other for fight with brother-in-law. No serious injury resulting. Defendant is in poor health as shown by Doctor's certificate. Judge Calhoun, Solicitor Arnold

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JOURNAL oF THE HousE.

and many g-ood citizens recommend release. Judge Calhoun says is a burden to county. Commutation granted December 14th, 1908.
DELLA LALLIE.-Murder. January term, 1905, Superior Court Fulton county. Sentence life imprisonment. Presiding judge and Solicitor Hill prosecuting- case, recommend pardon and say ~hat she was hardly guilty of anything more than manslaughter. Has served 5 years and shows good record. Commutation granted December 16th, 1909.
SIM HARRis.-Murder. January term, 1902, Superior Court Fulton county. Sentence life imprisonment. Upon evidence not submitted at trial, it appears that defendant was perhaps not guilty of anything, certainly not of murder. Camp physician certifies that defendant is in bad physical condition. Shows excellent prison record. Commutation granted December 16th, 1909.
RoBERT CALLAHAN.-Gaming. May term, 1909, Criminal Court, Atlanta. Fine of $75.00 or 12 months in chain-gang. Defendant having served about half of sentence, the judge and solicitor prosecuting case recommend that sentence be commuted to fine. Sentence commuted to $40.00 December 17th, 1909.
JIM ALLEN.-Burglary. Fall term, 1905, Superior Court, Bibb county. Sentence five years in prison, term will expire January 20th, 1910. Defendant pleads very earnestly for spending Christ-

WEDNESDAY, JuNE 22, 1910.

65

mas at home. Considering all circumstances, good record, etc., it is deemed not amiss. Commutation granted December 20th, 1909.
WILL KELLEY.-Assault to murder. Spring term, 1908, Superior Court, Walker county. Sentence three years in prison. Solicitor-General, Hon. J. W. Bale, and Hon. Frank Copeland, of counsel for the State, father of assaulted party, Sheriff, Ordinary and Clerk of Superior Court request commutation. Commutation granted December 20th, 1909.
GRIFF FREEMAN.-Misdemeanor. August term, 1909, Fulton county. Sentence 6 months in jail. County physician certifies that he has a dangerous asthma and heart trouble from which he is suffering and advises his release. Sheriff certifies that his death is verymuch imperiled by confinement in jail and recommends his releas~. Commutation granted J?ecember 20th, 1909.
JoHN C. WITZELL.-Larceny. Fall term, 1907, Superior Court Gilmer county. Sentence four years in prison. He is an ignorant Dutchman who has an exceptionally fine prison record. He loaned another Dutchman $50.00, which he failed to return, and defendant very much in need of same was advised by a friend to go to Gilmer county, whip the borrower and take his horse. This he did, but horse was recovered with little expense. Circumstances warrant release. Commutation granted December 20th, 1909.

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JOURNAL oF THE HousE.

FRANK FALLING.-Larceny. Fall term, 1907, City Court, Jasper county. Sentenced to Reformatory. Has served since November 24th, 1907. Superintendent of Reformatory recommends discharge on good record. He is 15 years of age. Commutation granted December 20th, 1909.
Lucy LITTLE.-Felony. Spring term, 1908, Superior Court Putnam county. Sentence five years in prison. She is an invalid suffering with tuberculosis and unable to work, has people wh? will take care of her. Commutation granted December 20th, 1909.
JIM REESE.-Selling liquor. July term, 1909, Oconee county. Sentence 12 months chain-gang. Has served half of sentence, and trial judge requests commutation of sentence to $100.00 including costs.. Solicitor, Orainary, Sheriff and ClNk also recommend that the case take this course. Sentence commuted in accordance with request December 21st. 1909.
wEsLEY PIERCE.-Murder. Fall term, 1908, Superior Court, Fulton county. Sentence life imprisonment. \Vas a negro boy 14 years of age when convicted, and has served 11 years. Solicitor-General and many good citizens ask his release on account of youth and aggravating circumstances. Sentence commuted December 22nd, 1909.
ANNIE TucKER.-Misdemeanor. October term,

"WEDNESDAY, JUNE :2:2, 1910.

o7

1909 City Court Hancock county. Sentence 12 months in chain-gang. A married woman with two small children dependent upon her for care and support. Her physical condition is bad rendering her unfit for service. Member of legislature, senator of the district, judge and solicitor and other prominent citizens indorse application for clemency. Commutation granted January 8th, 1910.
JAKE CARITHER.-Misdemeanor. October term, 1909, City Court of Monroe. Sentence of $100.00 or 12 months in chain-gang. Trial judge in a letter strongly urges clemency. Commutation granted January 17th, 1910.
JoHN I. LEwis.-Misdemeanor. Fall term, 1909, City Court Wilson -county. Sentence nine months in prit'on. Presiding judge and trial Solicitor recommends a modera~ fine. Ron. Pope Brown, and other good citizens testify to good character and believe that he will not again violate the law. He is a poor trustworthy farmer, has a wife and several small children dependent upon him for support. Commutation and payment of $25.00 granted January 12th, 1910.
JoHN RoBERTSON.-Murder. February term, 1903, Superior Court Fulton county. Sentence Life Imprisonment. Presiding Judge, Solicitor-General and also county officers and many citizens urge clemency. Commutation granted January 12th, 1910.

68

JouRNAL OF THE HousE.

PERRY CRAWLEY.-Larceny. April term, 1909, City Court of Berrien. Sentence 12 months in chain-gang. Presiding judge, Solicitor-Genera], ~ounty officers and trial jury indorse application. Commutation granted February 7th, 1910.

HENRY RoBERTs.-Arson. September term, 1897, Superior Court, Pickens county. Sentence, Life Imprisonment. House burned was a small shack. Party owning house and prosecuting case, asks that sentence be commuted. Trial judge and county officers strongly urge clemency. Trial Solicitor dead. The defendant has served 13 years with good conduct. Commutation granted January 12th, 1910.

GEORGE GooLsBY.-Murder. May term, 1909~ Superior Court Upson county. Commuted to Life ID?-prisonment. His pardon is recommended by Prison Commission after careful view of all facts in case. It also appears that other parties were connected with commission of crime and the commut.ntion of Life sentence of defendant may result in their conviction. Commutation granted January 13th, 1910. .

CHARLIE THOMAS.-Larceny. March term, 1909, City Court of Atlanta. Sentence 12 months or $100.00 each. Has completed one sentence, and Prosecuting Solicitor and Trial Judge joiri in recommendation for $50.00. Commutation granted January 22nd, 1910.

.WEDNESDAY, JuNE 22, 1910.

69

RoBERT YouNG.-Misdemeanor. December term, 1909, City Court of Oconee county. Presiding and Prosecuting Solicitor urge clemency. Sentence commuted to a fine of $50.00. Commutation granted February 7th, 1910.

AMELIA MoRELAND.-Arson. September term, 1884, Superior Court Green county. Defendant a negro woman has been confined in penitentiary 26 years. Prosecutor states in writing that he does not object to release. Ron. H. G. Lewis solicitor at the time, says he cheerfully recommends same, other prominent citizens do likewise. Commutation granted February 11th, 1910.

SALLIE GRIFFIN.-Vagrancy. September term, 1909 Criminal Court Atlanta. Defendant has served about six months, conduct has been good; Judge, Solicitor, Sheriff strongly urge her discharge. Commutation grante:'l February 19th; 1910.

WILL HENRY.-Larceny. July term 1909, City Court, Oglethorpe county. Fine of $75.00 or 12 months in chain-gang. The sentence provided that . the payment of money in lieu of chain-gang services should be paid by a certain date. Defendant failed to raise money at the time, but afterwards did so and desired to pay; court refused. Commutation granted by allowing payment of $75.00 the original fine imposed by the court. Commutation granted February 28th, 1910.

70

JoURNAL oF THE HousE.

THOMAS HoPKINs.-Misdemeanor. Fall term, 1909, City Court, Screven county. Sentence 12 months chain-gang. Judge Boykin who presided at the trial strongly urges commutation to payment of $150.00. Commutation granted in accordance with recommendation February 28th, 1910.
ANTHONY REnmcK.-Murder. Spring term, 1909, City Court, Sumter county. Four cases. Sentence 40 months chain-gang. County physicians report defendant in desperate health. It appears that further confinement would result in death, and perhap::~ if released he might recover, although it seems doubtful. County Commissioners and warden say that he is unable to work, and his care and expenses are $42.00 per month. Commutation granted February 28th, 1910.

JULIAN CLARK.-Stealing ride on train. September term, 1909, Criminal Court, Atlanta. Was convicted September 25th, 1909. His mother is dangerously sick, and not expected to live. He was only 16 years of age when convicted: His youth and condition of mother and circumstances of case justify commutation. Fine commuted to payment of $25.00. C()mmutation granted March 7th, 1910.
CHARLIE lRwiN.-Selling liquor. November term, 1909, Superior Court, Henry county. Sentence $500.00 or 12 months. He i~ reported to be practically an invalid, and not able to pay fine. His application is endorsed by members of Legislature from

WEDNESDAY, JuxE 22, 1910.

il

.
Franklin county. Dr. W. W. Carmichael and others

certifies to his physical condition. There is some

question as to whether he sold the whiskey or bought

it from one Jack Williams. At the trial of the case,

it was not certain that there was such a party as

Williams, but since the trial it has developed that

there was such party. Eleven of the jury recom-

mend "Clemency commuted to $100.00. Commutation

granted March 9th, 1910.

JrM STAPLEs.-Burglary. February term, 1908, Superior Court, Polk county. Sentence 4 years. Trial judge, prosecuting solicitor and sheriff of Polk county endorse application on grounds that he gave information on intended escape from jail on the part of several other persons. He has served since September 11th, 1908. He stayed in jail about a year prior to sentence. This. would make, crediting him with good time, about three years confinement. Commutation granted March 9th, 1910.

MosE JoHNSON.-Murder. September term, 1908, Superior Court, Baker county. Sentence death penalty. Prosecuting attorney states that he does not think boy should be hanged. The trial judge says that if the two old men who procured the boy to do the shooting escaped with life sentence, that the boy should not be hanged. He has just passed 16 years of age and the grand jury indicting him ask for commutation for life imprisonment. Commutation granted March 15, 1910.

72

JoURNAL oF THE HousE.

JuLIA MoRTON.-Arson. December term, 1899, Superior Court, Jackson County. Sentence life imprisonment. Defendant was paroled some time ago. She is now in desperate health, having pneumonia and has convulsions frequently, is also a consumptive, and doctors say she cannot live long. Sentence commuted to present service April lOth, 1910.
RICHARD CARR.-Robbing. December term, Superior Court, Bibb county. Sentence 10 years in prison. Pres~ding judge, prosecuting attorney, grand jury, arresting officers, recommend commutation to present service. Commutation granted April 26th, 1910.
FERDINAND HoRSTMAN.-Larceny. Fall term, 1905, Superior Court, Fulton county. Sentence 8 years. He has served more than half his term, seems to have been duped into commission of crime by one 0. B. Black, who was sentenced to 10 years service, and granted commutation in 1908. Commutation granted April 6th, 1910.

IKE TuaGLER.-Murder. Spring term, 1901, Superior Court, Walton county. JudgeR. B. Russell, who presided at trial, Ron. C. H. Brand, SolicitorGeneral prosecuting, the grand jury and trial jury all recommend commutation of sentence to present service. Commutation granted April 7th, 1910.
DAN LYON.-Murder. Fall term, 1884, Superior Court, Bryan county. Life imprisonment. Pris-

'VEDNESDAY, JuNE 22, 1910.

73

oner was paroled April 1909, after diligent inquiry and investigation of conduct of present sentence, he was paroled. The Commissioners recommend he is entitled to pardon. Commutation granted April 7th, 1910.
HENRY BRADLEY.-Murder. November term, 1906, Superior Court, Montgomery county. Sent~nce life imprisonment. Negro killed was a desperate character, having gone to the mill where defendant and others were at work and shot at some of the negroes. Superintendent sent some of the negroes through- the swamp where he was hiding, and being located and resisting arrest, was shot and killed. Hon. E. D. Graham, prosecuting attorney, urges clemency. Commutation granted April 15th, 1910.
SHuG BERRY.-Burglary. February term, 1909, Superior Court, Butts county. Sentence 5 years. Character of the witness upon whose testimony defendant was convicted, rcnde:-s his guilt extremely doubtful. Eleven of trial jury, prosecuting attorney recommend clemency. On trial of case jury recommended misdemeanor, but judge did not respectfully recommend same. Commutation granted ,June 4th, 1910.
DoRsE PARKER.-Murder. 1896 term Superior Court, Wilkinson county. Sentence life imprisonment. Defendant has served in penitentiary since 1896. Seems to have been convicted on circum

74

JouRNAL oF THE HousE.

stances. Had head crushed since being in peniten. tiary, from which he frequently has convulsions. Trial judge and solicitor endorse application for clemency. County physician states defendant cannot live much longer. Commutation granted April 12th, 1910.
BEN SMARR.-Assault. February term, 1910, Superior Court Monroe county. Sentence 12 months in chain-gang. The entire jury, except one, recommended that fine be reduced below $100.00. Sheriff also recommends same, county officers, Representatives and other good citizens endorse application. Sentence commuted to payment of $125.00. Commutation granted April 12th, 1910.
E. F. KINa.-Misdemeanor. August term, 1909, Superior Court, Gordon County. Sentence $700.00 and 9 months. Application for clemency is endorsed by trial jury, together with about 700 citizens of Gordon county. Col. Rankin says that Judge Fite, wh_o presided at the trial, stated to him that he did not oppose commutation. Chain-gang sentence was suspended by trial judge if the defendant would leave the State. Has been absent from State 7 months, and desires to return to his home and county, and promises to never again engage in the sale of liquor direct or indirect.
As Article 1, Section 1, Paragraph 7 of the Constitution of the State of Georgia says "neither banishment beyond the limit of State, nor whipping, as

WEDNESDAY, JuNE 2::;, 1910.

75

punishment for crime, shall not' be allowed,'' and as the law does not permit judges of the superior court to suspend sentences, it appears that the trial judge exceeded his authority in this case, and therefore under the circumstances it seems to be a proper case for the exercise of clemency. Commutation to payment of fine granted April 15th, 1910.
EvA BARRY.-Selling liquor. June term, 1909, City Court of Millen. Fine of $200 and 12 months. Eight of the trial jury recommend commutation, as also does a large number of citizens. She is a poor negro woman and will have to stay in the chain-gang for 12 months. Commutation of sentence to service of 12 months in chain~gang and payments of costs in case. Commutation granted April 15th, 1910.
KATE 0 'DwYER.-Misdemeanor. October term, Superior Court, Clarke county. Fine of $1,000, 12 months in chain~gang, and 6 months in jail. Defendant plead guilty in two cases, in one she paid fine of $200.00. The sentence in the other case, the one.noted above, was suspended upon her agreeing to leave county. Her attorney advised at the lapse of 12 months she could return to county, which she did, and is confined in chain-gang. Her application for clemency is indorsed by Solicitor-General and others. Commutation to present service granted April 29th, 1910.
FELIX DAVENPORT.-Assault with intent to murder. Spring term, 1907, Superior Court, Jackson

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county. Five years in prison. Solicitor-General, trial judge and county commissioners all urge clemency. Commutation to present service granted April 30th, 1910.
ARTHUR CoLE.-Misdemeanor. Fall term, 1909, Superior Court, Fannin county. Fine of $1,000, or 12 months. Defendant has served in gang since October 30th, 1909. In view of long service and good behavior, it is recommend~d that the sentence be commuted to present service upon payment of $100. Commutation granted May 5th, 1910.
ELI MuLLis, JR.-Misdemeanor. March term, 1909, Superior Court, Wilcox county. The sentence provided for 12 months in chain-gang, and also that 10 months of the sentence. might be commuted on payment of $250. Commutation granted in accordance with recommendation May 7th, 1910.
TALLY LuKE.-Burglary. March term, 1910, Superior Court, Coffee county. Four months and $200. Defendant has just passed 15 years of age, and bas served more than a month in chain-gang. Grand jury recommended commutation of his sentence to the payment of fine imposed.. The goods taken were of the value of about $12.00 or $15.00. Commutation to payment of $200.00 and present service granted May 7th, 1910.
DENNIS HAMILTON.-Misdemeanor. City Criminal Court, April term, 1910. Ten months in gang or

WEDNESDAY, JuNE 22, 1910.

77

$50.00. He is a half-witted boy 16 years old with-out mental capacity to appreciate the offense he committed, or to know he is in chain-gang. Was arrested in Habersham county. Left home without consent and came to Atlanta, was picked up a vagrant and was accused of stealing rooster. Trial judge recommends commutation to present service, which was granted in accordance with recommendation May 9th, 1910.
B. F. TowLER, WILL HuNT, ALVIN EvANs.-Perjury. Superior Court, Walton county, February term, 1909. Sentence four years. Defendants are all ignorant men overpersuaded to testify falsely by a man of much superior intelligence. They voluntarily pleaded guilty and gave evidence resulting in the indictment of the suborners and the conviction of one of them, who is now serving a 7 years sentence. Trial judge makes statement in person that he thinks it would not be against public interest to commute sentence. Solicitor-General, Representative Edwards and all county officers, together with grand jury and 25,000 citizens of Walton county, all recommend release. Commutation granted May 11th, 1910.
JIM HILL.-Forgery. March term, 1907, Superior Court, McDuffy county. Sentenced to 1 and 4 years. Has had tuberculosis for several months and has been critically ill, and a menace to the other inmates. The attending physician urges his immediate release; county authorities and trial judge do

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likewise. Commutation to present service granted May 11th, 1910.

RoLLIE WALDEN.-Simple larceny. January term, 1910, Superior Court, Rockdale county. Sentence four months. Has served three months, and from facts gathered, it is doubtful whether he is guilty. Condition of his wife is such as to need his presence and services. Seven of the jurors, trial judge and large number of good citizens ask that sentence be commuted to present service. Commutation to present service granted May 11th, 1910.

JERRY FARLOw.-Misdemeanor. October term, 1909, Criminal Court, Atlanta. Sentence 8 months. Two cases. Trial judge, prosecuting Solicitor and officers of court, policemen representing case, all recommend commutation. Commutation to present service granted May 13th, 1910.

L. _M. BROUGHTON.-Attempt to murder. City Court, Fulton County, January term, 1909. In trial of case, jury recommended punishment for misdemeanor, and he was sentenced to chain-gang for 12 months. A disease has developed since his confinement which renders him unfit for labor. County physicians certify that he has valumber heart trouble, causing general dropsy, and inability to lie down at night, and trial judge and solicitor recommend release. Commutation to present service granted May 13th, 1910.

'VEDNESDAY, JUNE 22, 1910.

79

JoHN GRINER.-Burglary. Fall term Superior Court, 1907, Coffee county. Sentenced to Reformatory. Superintendent writes that he has complied with all requirements. Commutation granted May 16th, 1910.
'MRs. R. B. HrLL.-Misdemeanor. February term, 1910, City Court, Floyd county. Twelve months chain-gang. She is 48 years of age. Chairman of County Commissioners, Hon. W. ~.L Gammon and other prominent citizens of Floyd county recommend release. Commutation to present service granted May 16th, 1910.

JoHN CARTER.-Simple larceny. August term, 1909, Superior Court, Campbell county. Party Wc.tcl convicted for stealing a small amount of corn from the man which he lived with and feeding to chickens, not over $1.00 worth. Has served about 8 months, and asks to be discharged on payment of $20.00. Commutation to present service granted upon payment of $20.00, May 14th, 1910.

HENRY WHITEHEAD.-Misdemeanor. January term, 1910, Criminal Court, Atlanta. Sentence 12 months in chain-gang or $50.00. Negro was only 15 or 16 and was convicted for some petty larceny. He is in such condition that he is unable to work, suffering from chronic peritonitis, and county physician requests his discharge. Commutation to present. service granted May 18th, 1910.

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E. B. RuNYON.-Burglary. April term, 1910, Superior Court, Chatham county. Two cases, six months each. Boy of very respectable parentage in Richmond, Va., caine to Savannah about April, 1910, and committed offense above stated. Is about 17 years of age, and was sentenced to Industrial Farm near Savannah. Affidavits of several physicians show that at the time he committed the crime and before said time, was severely demented and that he should be released and removed where he can have surgical attention. Commutation to present service granted June 16th, 1910.
TRoY THOMASON.-Subornation of perjury. August term, 1909, Superior Court, Walton county. Was convicted mainly on own statement. It appears that he was trying to obtain release of an older brother and perhaps in ignorance of law committed the crime. The trial judge, grand jury, county officers of Walton and Gwinnett county, together with several hundred of the best citizens recommend pardon. Commutation granted June 19th, 1910.
JAcK McCLOun.-Murder. October term, 1905, Superior Court, Telfair county. Life imprisonment. Prosecutor, near relatives of deceased, SolicitorGeneral, trial jury and all of county officers recommend clemency. Commutation to present service granted June 18th. 1910.

WEDNESDAY, JUNE 22, 1910.

81

. PAROLES.
Bun CooPER.-Murder. March term, 1903, Superior Court Gwinnett county. Sentence Life Imprisonment. Prisoner has served more than the minimum sentence fixed by law for the crime committed. Two representatives and the former Solicitor who prosecuted him recommend parole, Presiding Judge dead. Parole granted July 7th, 1909.
O'Mruo PowELL.-Manslaughter. Spring term, 1906, Superior Court, Sumter county. Sentence 20 years. in prison. Has served more than minimum sentence. Strong petition of citizens urge release. Solicitor General does not object. Parole granted July 28, 1909.
HENRY SMITH.-Burglary. April term, 1909, Superior Court Montgomery. Sentence 15 years in prison. Good conduct of prisoner. Has served more than the minimum sentence Application indorsed by solicitor-general, county commissioners and .others. Parole granted July 29, 1909.
. OscAR ALGREEN.-Burglary. April term, 1907, Superior Court Fulton county. Six years in prison. Has served more than n:i.inimum sentence for crime committed with good record in penitentiary. His release is recommended by solicitor-general and officers, also by Rev. Carl. Schaefer pastor of church and many good citizens. Parole granted August 7th, 1909.

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;JouRNAL <H' THE HousE.

\\TALKEr. BARENTIME.-Voluntary Manslaughter. March term, 1906, Superior Court. Coweta county. Sentence 5 years in prison. Has served more than minimum sentence with good record. Physician certifies he has developed tuberculosis. Release is recommended by very large number of citizens. Parole granted August 9th, 1909.
EuLACE \VALLACE.-Larceny. After T r u st. Spring term, 1909, Superior Court Fulton' county. Three years in penitentiary. Has served more than minimum sentence for crime committed with good conduct. His release is recommended by solicitorgeneral, officials of the county, and other prominent citizens. Parole granted August 9th, 1909.
ToM EvANs.-Larceny. March term, 1908 Superior Court Cobb county. Five years in prison. Has served more than minimum sentence fixed by law. Has served a year and six months with good conduct. His release is recommended by Trial .Judge, Solicitor General, officers and several hundred citizens of Cobb county. Paroled September 11th, 1909.
ToM ANDERSON.-Murder. January term, 1898, Superior Court, Emanuel county. Sentenced to life imnr1sonment. Has served more than minimum sentence for crime committed with good conduct. rti"1 release is recommended by trial judge, prosecuting solicitor, nine jurors, others not being accessible and large number of good citizens. Parole granted September 11th, 1909.

WEDNESDAY, JuNE 22, 1910.

83

SNow ALLEN.-Burglary. Spring term, 1902, Superior Court, Jackson county. Sentence 10 years in prison. Has served more than minimum sentence. Presiding judge and large number of citizens recom- _ mend his release. Parole granted September 11th, 1909.

EMANUEL McGHAN.-Murder. April term, 1886, Superior Court, Marion county. Life imprisonment. Has served more than minimum sentence with good conduct. He is growing old, considering the conflict together with his long services. Parole granted September 11th, 1909.

ToL CANNON.-Larceny. March term, 1906, Superior Court, Habersham county. Has served more than minimum sentence fixed by law. Trial judge recommends release, other good citizens do likewise. Parole granted September 11, 1909.

JoHN BicKERs.-Burglary. November term, 1905, Superior Court, Bibb county. Sentence 10 years in prison. Has served more than minimum sentence for crime CDmmitted. Trial judge, solicitor-general and county physician recommends release. Parole granted September 11th, 1909.

W. A. MAXWELL.-Voluntary manslaughter. Fall term, 1907, Superior Court, Grady county. Sentence 8 years in prison. Has served more than minimum sentence for crime committed. Previous hiHtory and record good. Solicitor-general, trial

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JOURNAL OF THE HousE.

judge, jurors and citizens of Grady county recommend his release. Parole granted September 11th, 1909.

ANN TuRNER.-Murder. Spring term, 1890, Superior Court, Terrell county. Lif~ imprisonment. Has served more than minimum se:ritence for crime committed and is now 60 years of age. Her pardon is recommended by solicitor-general, all the jurors except one wl~o is not accessible. Parole granted October 12th, 1909.

CHARLIE HAMILTON.-Burglary. Fall term, Superior Court, 1908, Fulton county. Sentence four years in prison. Has served more than minimum sentence for crime committed. The jury recommended that he be punished as for misdemeanor, but the judge did not so sentence him. His mother is very old, a widow with sick daughter, and no other members to support her. Parole granted November 13th, 1909.
HENRY PATTERSON.-Murder. July term, 1896, Superior Court, Hall county. Life imprisonment. Has served more than minimum sentence for crime committed. Has been a prisoner for 14 years. Presiding judge and prosecuting attorney say that they think he has served long enough. Parole granted November 2d, 1909.
CHARLES SwANSON.-Voluntary manslaughter. Spring term, 1905, Campbell county. Sentence nine

WEDNESDAY, JuNE 22, 1910.

85

years m prison. Has served more than minimum sentence for crime committed. Presiding judge, prosecuting solicitor, most of the trial jury, warden and many good citizens recomn;tend his release. Parole granted November 13th, 1909.

JESsE CLARKE.-Assault to murder. October term, 1906, Superior Court, Jones county. Sentence five years in prison. Has served more 'than minimum sentence. Trial judge, solicitor-general ~nd the prosecutor, trial jury and others ask release. Parole granted November 16th, 1909.

PHILLIP JEMISON.-Burglary. November term, 1905, Superior Court, Muscogee county. Sentence five years in prison. Capt. Wyly williams who prosecuted defendant and others say he is of weak mind. Parole granted November 16th, 1909.

MoLLIE FARMER.-Murder. April term, 1888, SufJerior Court, Fulton county. Life imprisonment. Was convicted for killing infant child. Has served over 22 years. She has always protested her innocence. Her pardon is recommended by warden, superintendent and others of the State farm, by solicitor-general Chas D. Hill. Parole granted December 9th, 1909.
JoHN NELMs.-Felony. Spring term, 1905, Superior Court, Webster county. Fifteen years in prtson. Has served more than minimum sentence with good record. His release would not be incom-

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JouRNAL oF THE HousE.

patible with welfare of society. Parole granted December 9th, 1909.
WILLIE MoRGAN.-Larceny. Spring term, 1909, Superior Court, Fulton county. Three years in prison. Has served more than minimum sentence for crime committed. Judge Roan now considers the case misdemeanor and advises pardon. Boy only 13 years old when crime was committed. Parole granted December 13th, 1909.
WESLEY PIERCE.-Murder. Fall term, 1898, Superior Court, Fulton county. Life imprisonment. Has served more than minimum sentence with good record. Was 14 years old ~hen crime was committed when under aggravating circumstances. Parole is recommended by solicitor-general and citizens. Parole granted December 20th, 1909.
JAMES A. GossETT.-Voluntary manslaughter. December term, 1903, Superior Court, Muscogee county. 16 years in prison. Circumstances of conviction show great provocation. Previous history and present record good. Paroled December 20th, 1909.
ALBERT ANDERSON.-Burglary. February term, 1907, Superior Court, Muscogee county. Five years. Has served more than minimum sentence with good record. Physicians say that his health is not good and that he is suffering considerably with .serious disease which requires his release. Paroled December 20th, 1909.

.WEDNESDAY, JUNE 22, 1910.

87

JAMES LocKETT.-Murder. June term, 1907, Superior Court, Bibb county. Life imprisonment. Has served more than minimum sentence for crime committed. Previous history and present record good. Release is recommended by a petition of 200 citizens and the judge with solicitor-general say that in their opinion the offense committed was that of manslaughter, Parole granted December 21st, 1909.
ARTHUR JOHNSON.-Voluntary manslaughter. Fall term, 1900, Superior Court, Floyd county. 15 years in penitentiary. Has served more than minimum sentence with good record. Release is recommended by trial judge, solicitor-general, nine of the jurors. Parole granted December 21st, 1909.

JoHN HoLDEn.-Voluntary manslaughter. January term, 1905, Superior Court, Laurens county. Fifteen years in penitentiary. Previous history and present prison record good. The testimony shows that the deceased used very insulting language about defendants wife. Judge, county officers and a number of citizens recommend his release. Parole granted December 21st, 1909.

PARKER LEwis.-Murder. Spring term, 1903, Superior Court, Hancock county. Life imprisonment. ,Has served more than minimum sentence with good prison record. The grand and traverse jury recommend parole, presiding judge is dead. The record discloses that a witness who was not sworn in on the trial states that the dec~a,s~d made an effort to strike

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JouRNAL oF THE HousE.

defendant with a piece of rail. Forming considerable doubt upon legality of the Supreme Court of murder. Parole granted January 12th, 1910.
MARY DuRDEN.-Murder. Spring term, 1900, Supreme Court of Camden county. Life imprisonment. Has served more than minimum sentence. Previous history and present record good, and defendant is in the last stage of consumption. Paroled January 11th, 1910.
CARRIE LocKLIER.-Vagrancy. December term, 1909, City Court, F'loyd county. Confinement in chain-gang. Has served more than minimum sentence with good conduct. She is a young girl, who at the request of Hugh S. Wallace of Rome, Ga., will go to Barclay Memorial Home. Presiding judge strongly urges this course. Parole granted February 21st, 1910.
MINNIE SMITH.-Vagrancy. December term, 1909, City Court, Floyd county. Confinement in chain-gang. Has served more than minimum sentence with good conduct. She is a young girl, who at the request of Hugh S. Wallace of Rome, Ga., will go to Barclay Memorial Home. Presiding judge strongly urges this course. Parole granted February 21st, 1910.
NEWTON RoBINSON.-Burglary. October term, 1908, Superior Court, Houston county. Seven years in prison. Has served more than minimum sentence with good record. Presiding judge recommends

WEDNESDAY, JuNE 22, 1910.

89

parole. County physician says he is suffering to a great extent from rheumatism, same statement by warden. Judge Calhoun, Hon. Clark Howell, Solicitor Hill, Judge Reed, Hon. Arnold Broyles, Hon. Lowry Arnold and others of prominence ask clemency. Parole granted February 26th, 1910.

DAVE PETERS.-Murder. Spring term, 1899, Su-

perior Court, Emanuel county. Life imprisonment.

Has served more than minimum sentence with good

record. Judge E. D. Evans who presided at the

trial and others indorse applicat~on.

'
Paroled March

5th, 1910.

WILL SMITH.-Murder. November term, 190~, Superior Court, Bibb county. Life imprisonment. Has served 17 years with good prison record. Presiding judge, prosecuting solicitor and some of the jury and other good citizens recommend pardon. Parole granted March 7th, 1910.

ALLEN RocKMORE.-Burglary. April term, 1907, Superior Court, Jones -county. Seven years. Has served more than minimum sentence with good record. Trial judge, solicitor-general and prosecutor and others ask release. Parole granted April 6th, 1910.
BEN ATKINSON.-Murder. November term, 1894, Superior Court, Bryan county. Has served more than minimum sentence with good record. Application is indorsed by judge of the City Court, nine of l~is

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JOURNAL OJ<' THE HousE.

members, member of the legislature of Bryan county, sheriff, and various good citizens, senator and many officers of Emanuel county where defendant formerly lived and is now stationed. Parole granted April 7th, 1910.

CHARLES HAMJI,TON.-Burglary. Fall term, 1908, Superior Court, Fulton county. Four years. Has served more than minimum sentence with good record. His mother is very old and a widow with sick daughter and no members of the family to support her. A great number of officers of Fulton county and a number of citizens recommend release. Parole granted April 19th, 1910.
ENocH SANDEns.-Assault with attempt to murder. March term, 1908, Superior Court, DeKalb county. Has served more than minimum sentence with good record. Trial judge, solicitor-general, trial jury a:nd a large number of citizens of DeKalb county recommend release. Parole granted April 14th, 1910.
JoHN THOMAs.-Burglary. Fall term, 1908, Superior Court; Fulton county. Three years. Has served more than minimum sentence with good record. Was only 16 years old at time of conviction, served about 18 months with good record. His mother is old and paralyzed and needs his support. Solicitor-general recommends pardon. Parole granted April 18th, 1910.

-WEDNESDAY, JUNE 2~, 1910.

91

WILL JoNEs.-Burglary. Spring term, 1908, Superior Court, Richmond. Five years. Has served more than minimum sentence fixed by law. Presiding judge, solicitor-general and others recommend parole. Paroled May 16th, 1910.
RoLLIN KNIGHT.-Larceny. December term, 1909, City Court, Atlanta. Eight months. Has served more than minimum sentence for crime committed. Presiding judge, arresting officers indorse applica.:. tion. Amount of property involved about 90 cents. Parole granted May 16th, 1910.
JoHN \V. RowE.-Burglary. March term, 1908, Superior Court, Fulton county. Fulton reformatory. Has served over two years and more than the minimum sentence .for crime committed. Boy only 19 years of age and always maintained that he was innocent. Members of county commission together with best citizens of Fulton county recommend his release. Parole granted May 18th, 1910.
GEORGE PALMER.-Murder. Fan term, 1901, Superior Court Emanuel county. Life imprisonment. Has served more than minimum sentence with excellent record. Ten of the jury recommend his pardon. Judge Beverly D. Evans, who presided at the trial sign his application, a large number of citizens, several officers of county ask his release. Parole granted May 20th, 1910.-

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JouRNAL oF THE HousE.

RESPITES.
W. H. MITCHELL.-Assault and battery. Fall term, 1909, Superior Court, Thomas county. 12 months on chain-gang. Respite granted September 1st, 1909, in order to give opportunity for prison commission to consider application for clemency. Date of respite August lOth, 1909; again on September 4th, 1909, in order to give executive time to consider application for clemency.
J. B. KELLOGG.-Murder. superior Court, Cherokee county. Fall term, 1909. Respite granted until November 19th, 1909, in order to give prison commission and executive time in which to consider application for commutation to life imprisonment in accordance with the recommendation of trial Judge Morris. Date of respite October 9th, 1909.
JoE GnEER.-Concealed weapon. March term, 1909, City Court Monticello. Eight months chaingang. In order to give prison commission and executive time to consider application for clemency, on the grounds of new evidence seeking to establish innocence of defendant. Respite dated October 19th~ 1909, and postponed execution of sentence until October 20th, 1909.
MITCHELL CATCHINGs.-Selling whiskey. March term, 1909, City Court, Monticello. 12 months chaingang. In order to give prison commission and executive time to consider application for clemency upon

WEDNESDAY, JuNE 22, 1910.

93

the grounds of defendant' suffering from tuberculosis. Respite dated October 19th, 1909, and of force until November 1st, 1909.

GEORGE GooLSBY.-Murder. May term, 1909, Superior Court, Upson county. In order to give prison commission and executive time in which to consider application for commutation to life imprisonment. Respite dated January 4th, 1910, and of force until
January 14th, uno.

GEORGE BuRGE.-Murder. Superior Court, Fulton county, fall term, 1909. In order to give attorneys' for defendant opportunity to present applica~ tion for commutation to prison board and have same considered by prison commission and executive. Respite dated January 6th, 1910, of force January 21st, 1910, and January 15th, 1910, and of force January 28th, 1910.. In order to give prison commission and executive time in which to consider additional motion and grounds for commutation to life imprisonment. Respite dated January 15th, 1910, and of force January 24th, 1910; again January 27th, 1910, in order to give the Supreme Court time in which to consider and pass upon bill of exceptions while in case. Date of respite January 27th, 1910, and of force until Friday, March 25th, 1910, and again March 24th, 1910, in order to give Supreme Court additional time in which to pass upon branch of case submitted to that court. Date of respite March 24Ul, 1910, and of force until April 15th, 1910.

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WILLARD WEBB.-Rape. Fall term, 1909, Superior Court, Cobb county. Sentenced to be hanged. In order to give prison commission and executive time in which to consider application for commutation to life imprisonment, on evidence alleging alibi. Respite dated February 3d, 1910, and of force until February 18th, 1910.
E. F. KINa.-Selling whiskey. August term, 1909, Superior Court, Gordon county. In order to give prison commission and executive time in which to consider application for commutation, and on account of sickness of attorney for King. Respite dated March 17th, 1910, of force April 16th, 1910.
JoHN SuPPLE.-Murder. February term, 1909, Superior Court, Jeff Davis county. Sentenced to be
hanged. In order to give attorneys' for defendant
an opportunity to prepare testimony and submit an application for commutation, and time for prison commission and executive to pass upon the merits of clemency application. Respite dated March 25th, 1910, and of force until April 22d, 1910; and again on April 19th, 1910, in order to give prison commission additional time for investigation of evidence in case and of force until April 6th, 1910.
HENRY PATTERSON.-Murder. November term, 1909, Superior Court, Sumter county. In order to give prison commission and executive time in. which to consider application to commutaton to life imprisonment, on application claiming newly discov-

WEDNESDAY, JuNE 22, 1910.

95

ered evidence. Respite dated April 25th, 1910 and of force May 31st, 1910.

JEssE CooK.-Murder. January term, 1910, Superior Court, Bartow county. In order to give prison commission and executive time in which to consider application for commutation to life imprisonment. Respite dated May 19th, 1910, and of f9rce June 17th, 1910.
FRANK BROOKs.-Murder. August term, 1909, duperior Court, Fulton county. In order to give prison commission and executive time in which to pass upon application for commutation to life imprisonment, chairman being sick, and temporarily unable to a~t. Respite dated June 1st, 1910, and of force June 17th, 1910.
Dn. J .. M. ELLIOTT.-Murder. November term, 1908, Superior Court, Troup county. Respite granted until September lOth, 1909, for the hearing and consideration of application of commutation to life imprisonment; again on September 7th, 1909, until October 8th, 1909, on account of the sickness of Hon. W. D. McNeal counsel for the defendant and the application for clemency; again on October 4th until October 22d, 1909, in order to allow the prison commission and executive time for the consideration of application for life sentence; again October 20th, 1909, until November 15th, 1909, on grounds to 5ive expert physicians an opportunity to make examination as to the sanity of the defendant and re-

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JouRNAL OF THE HousE.

port same to the proper authorities; again on November 5th, 1909, until November 19th, 1909, on account of physician's certificate of the defendant had attempted suicide, by taking poison on November 4th, rendering his mental and physical condition such as to make the enforcement of the law in this case act repugnant to our civilization.

JoHN HARPER.-Murder. August term, Superior Court, Murray county, 1909. Respite granted until October 8th, 1909, in order to give prison commission and executive time in which to consider application for commll{tation ~o life imprisonment, on grounds of newly dscovered evidence; again October 4th, 1909, until October 22d, 1909, in order to give' prison commission and executive time for consideration of application for commutation to life imprisonment.

WILL HoLT.-Misdemeanor. July term, 1909, City Court, Monticello. In order to give attorney for defendant an opportunity to prepare testimony to submit to prison commission and executive and give them time to consider application for commutation. Respite dated January 5th, 1910, of force .January 15th, 1910.
RoGER MERRITT.-Rape. Superior Court, Fulton county, 1910. In order to give prison commission and executive time in which to pass upon application for commutation to life imprisonment. Respite dated May th, 1910, of force June 17th, 1910; and

WEDNESDAY, JuNE 22, 1910. .

97

again on June 16th, 1910, and of force June 24th,

1910, in order to give judge and solicitor time to

investigate testimony as to mistaken identity and

have same passed upon by prison commission and

executive.



(APPENDIX B.)
REPORr.t, OF THE NEW CODE COMMISSION.
To His ExcELLENCY, JosEPH M. BRowN, Governor. We, the undersigned Commission, appointed in
pursuance of an Act of the General Assembly approved August 14, 1909, ~o examine and report on a new Code of Georgia, codified by Hon. John L. Hopkins, submit the following report:
Since the last session of the General Assembly we have met in the Capitol in Atlanta from time to time and have reviewed with Judge Hopkins the entire work done by him in codifying the laws of Georgia, as provided for in the above Act, and after completing this workwe beg to report that we believe the work to be as complete and accurate as it has been painstaking and careful.
We have examined the Code of 1895 and noted
h-4

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JouRNAL OF THE HousE.

every proposed addition to this Code, and every part proposed to be omitted, and where additions were made, we examined with Judge Hopkins the Act from which said additions were proposed and in every case we examined the authority for proposed omissions from the Code of 1895. In this manner we are satisfied that all the laws of a general nature now of force in Georgia are included and that all laws of a general nature which have been repealed or which have been declared unconstitutional or have been clearly superseded, have been properly omitted.
We also report. that the work of arranging the different sections, placing the new laws in their ap_propriate places, under their proper titles, and the renumbering of the sections, has been satisfactorily done.
This Commission approves the arrangement proposed by Judge Hopkins by which the Code will be published in two volumes, the first volume to contain the political and civil laws, together with the Code of civil practice, the rules of courts, and the Federal and State Constitutions; the second volume to contain the penal laws, and the laws of pro.cedure in criminal cases together with the laws governing the working and control of convicts, the laws pertaining to the public defense, and the pension laws.
We, therefore, certify that we have carefully examined a new Code of Georgia~ codified by Hon. John L. Hopkins, and are satisfied that said Code embraces all the general laws of a permanent nature in the present three volumes of the Code of 1895,

WEDNESDAY, JUNE 22, 1910.

99

not repealed and still of force, together with all the general Acts and amendments of a permanent nature since enacted, including the Acts of the session of the General Assembly of 1909 properly arranged and with the sections properly numbered, and all appropriate marginal references to Acts, decisions and cognate sections, and the Constitution of the United States, and of the State of Georgia, and all amendments thereto, the rules of the Supreme Court, tl~e Court of Appeals, and the Superior Court, with a complete index to said Code; and we hereby deliver said Code with this report to Your Excellency.
Atlanta, Ga., June 15th, 1910 H. A. MATHEWS, W. H. BuRWELL,
Commissioners on the part of the Senate.
w. F. BROWN,
A. A. LAWRENCE, W. R. Jones, Commissioners on the part of the House of Representatives.

Upon motion the Senate adjourned until tomorrow morning at 10 o'clock.

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J oURNAI, OF THE HousE.

The following committee assignments were made by the Speaker:

Ron. E. B. Martin, of the County of Lee, was assigned to the Committees on
Agriculture, Corporations, Penitentiary, Railroads, Labor and Labor Statistics, Georgia State Sanitarium, Counties and County Matters.
Ron. D. C., Pickett, of the County of Terrell, was assigned to the Committees on
Education, Insurance, Ways and Means, Game and Fish, Georgia School for Deaf, University of Georgia and its Branches, Temperance.

WEDNESDAY, JUNE 22, 1910.

101

Ron. Roy D. Stubbs, of the County of Putnam, was assigned to the Committees on
University of Georgia and its Branches, General Judiciary, Counties and County Matters, Appropriations, Penitentiary, Insurance.
The following resolution was read and unammously adopted, to-wit:
By Messrs. STUBBs, of Putman,
. ATKINSON, of Morgan, VINSON, of Baldwin, TuRNER, of Jones.

Be it resolved by the House of Representatives, That out of respect to the memory of the late Ron. A. S. Reid, a member of this House from Putnam County, who died since the last session, as a token of respect the House do now adjourn.
Resolved further, That on Wednesday, June 29, at .11 o'clock, all the business be laid aside, and the House hold a memorial session in honor of the deceased, and hear remarks from the members on his life and character.

j;acreb to tbt JMemorp of
~onorablt ~. j;. l\tib.

WEDNESDAY, JUNE 22, 1910.

103

Leave of absence was granted
MessrsRossER, REID, of Macon.
MIDDLEBROOKS,

The Speaker then announced the House adjourned out of respect for the memory of Hon. A. S. Reid, of Putnam, deceased, until 10 o'clock to-morrow morning.

104

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,

THURSDAY, JUNE 23rd, 1910.

The House met pursuant to adjournment at 10 o'clock a. m. this day, was called to order by the Speaker and opened with prayer by Rev. J. ~. Bennett, of Atlanta.

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

Adams Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Bullock Anderson of Chatham Armistead Atherton Atkinson Aul; Barksdale Bagley Bailey Baker Barrett Beacham Bell Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Carrol Brown of Fulton Brown of Henry

Brown of Murray Burch Butt Buxtor.. Calbeck Cannon Carswell Carter Chandler Childs
Convers~
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 Gastley Gillis Godley Graddick C1iffin of Sumter Gl'iffin of Twiggs Guyton Hall Hardeman of .Jeft's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner

rJ'HURSDAY, JUNE 23, 1910.

105

Hendricks

Moor a

Rosser

Hill

Most

Sheppard

Holder of Floyd

MacFarland

Shirley

Holtzclaw

Macintyre

Simmon3

Unwell

McArthur

Simpson

][ubbard

McCarthy

Slade

Hullender

McConnell

Smith of Gilmer

Huie

McCrory

Smith of Tattnall

.Johnson of Bartow McCurry

Smith of Walton

.Jchnson of Jeff Davis McCutchen

Stovall

JGhnson of Towns McElreath

Strong

.Joiner

McMahan

Stubb:t

.Jones of Laurens

McMichael of Butts Stubbs of Putnam

Jones of Meriwether McMichael of Marion 'l'arve;

Jones of Mitchell

McWhorter

Tippins

Keith

Olive:

Tracey

Kelley

Parker of Decatur 'fugglo

Kend.ric!{

Parker of Talbot

'Iurner

Kennedy

Paull{

Turnipseed

Kicklighter

Peacock

Upshaw

Kidd

PPrsonG

Vinson

Kirby

Picket~

Waddell

Lawrenca

Pierc~

Walters

Lewi1

PopJ

Wasden

Littleton

l 'orte:

Watkin I

Lor~

Prico

\'v bite of Screven

Lovejoy

Procto~

\\"hiteley

Martin

Reaves

Wight of Grady

Meadows of Telfair Hedding

William I

Meadows of Toombs Reeso

W ohlwende1

Middlebrook3

Reid of Campbell

Wood

Miller of Calhoun

Reid of Macon

Woodlifl

Miller of Ware Milikin Mitchell

R<mtz Roberts Roger:1

Wright of Floyd Wright of St:Pwart )ft. Spealwr

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

106

JouRNAL oF THE HousE.

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

By Mr. Alexander, of DeKalb-
A resolution providing for the appointment of a page whose duty it shall be to await upon the Speaker.

By Mr. Tuggle-
A resolution thanking Hon. B. M. Blackburn for flowers ..
The following resolutions were read the first time, to-wit:

By Mr. Boyd, of Spalding-
A resolution to take House Bill No. 7 from the foot of the Calendar and put it upon its passage immediately.
Referred to Committee on Rules.

By Mr. Anderson, of Chatham-
A resolution to fix Senate Bill No. 3 as a special and continuing order for June 30th immediately afterthe reading of the Journal.
Referred to Committee on Rules.

THURSDAY, JUNE 23, 1910.

107

A memorial from the members of the First African Baptist Church of Columbus, praying th2 General Assembly not to permit that part of 11th street near their church to be closed, was read.

Under the head of unfinished business the f0llowing bills were read the first time, to-wit:
By Mr. Vinson-
A bill to appropriate $15,000.00 to the Trustees of the State Sanitarium for the construction of a reser-
VOir.
Referred to Committee on Appropriations.
By Mr. McMahan-
A bill to appropriate $5,000 to the Trustees of the State University for equipping the Carnegie Library.
Referred to Committee on Appropriations.
I
By Mr. McMahan-
A bill to amend an Act providing for a local Board of Trustees of the State Normal School.
Referred to Committee of University of Georgia ,and Branches.

108

JouRNAL oF THE HousE.

By Mr. Huie, of Clayton-
A Bill to create a Board of Commissioners of Roads and Revenues for Clayton County.
Referred to Committee on Counties and County Matters.

By Mr. Hullender, of Catoosa, and Baker, of Lumpkin-
A bill to repeal Paragraph 52, Section 2, of an Act to levy and collect a tax for the support 'of the State Government, etc.
Referred to Committee on Ways and Means.

By Mr. Anderson, of Chatham-
A bill to amend an Act to levy and collect a tax for 1909 for the support of the State Government, etc.
Referred to Committee on Ways and Means.

By Mr. Drowdy, of Clinch-
A bill to repeal Section 52 of the General Tax Act for 1909 and 1910.
Referred to Committee on Ways and Means.

THURSDAY, JUNE 23, 1910.

10!:J.

By Messrs. McCrary, of Schley and Kirby, of Coweta.
A bill to repeal Section 52 of the General Tax A.ct for 1909 and 1910.
Referred to Committee on Ways and Means.

By Mr. Upshaw, of Douglas-
A bill to amend Paragraph 52, Section 2, of the General Tax Act of 1909.
Referred to Committee on \Vays and Means.

By Mr. McElreath-
A bill to amend an Act providing for an Ordinary pro hac vice in cases of disqualified Ordinaries.
Referred to Committee on Special Judiciary.

By Mr. Alexander, of Fulton-
A bill to amend Section 2776 of the Civil Code of 1895.
Referred to Committee on Special Judiciary.

By Mr. McWhorter, of GreeneA bill to amend Section 5182 of the Code of 1895.

110

JouRNAL oF THE HousE.

Referred to Committee on Special Judiciary.

By Mr. Adams, of Hall-

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

By Mr. Lawrence, of Chatham-

A bill to create a Fireman's Relief Fund in cities having a regular organized fire department.
Referred to Committee on Insurance.

By Mr. Adams, of Hall-

A bill to amend Paragraph 52. Section 2, of the General Tax Act for 1909.
Referred to Committee on Ways and Means.

By Mr. Adams, of Hall-

A bill to regulate the running of Automobiles. ek. in Hall County, etc.
Referred to Committee on Roads and Bridg<Js.

THURSDAY, JUNE 23, 1910.

111

By Mr. McMahanA bill to appropriate $5,000 to the Trustees of the
University of Georgia to maintain a Correspondence . School in the Common' Schools.
Referred to Committee on Appropriations.
By Mr. Adams, of Hall-
A bill to amend an Act to create an Agricultural Experiment Station.
Referred to Committee on General Agriculture.
By Mr. Adams, of Hall-
A bill to incorporate the town of Candler.
Referred to Committee on Corporations.
By Mr. McCutcheon. of Heard-
A bill to provHe in what cases counties shall be rbargeable with tl:e expense of arrests, etc.
Referred to Committee on Counties and County I
Matters.
By Mr. Adams, of Hall-
A bill to authorize the County of Hall to Issue bonds for building public roads.

112

.JouRNAL oF THE HousE.

Referred to Committee on Corporations.

By Mr. Rogers, of Randolph-

A bill to incorporate the town of Carnesia. Referred to Committee on Corporations.

By Messrs. ~,aircloth and Joiner. of J -

A bill to repeal Section 52 of the. General Tax Act of 1909. relating to the tax on dogs.
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 Con:mittee on Special Judiciary.

By Mr. Harrington, of Liberty-

A bill to change the time of holding the fall term of the Superior Court of Liberty County.
Referred to Committee on Counties and County Matters.

THURSDAY, JUNE 23, 1910.

113

By Mr. HarringtonA bill to protect fish against drift nets.
Referred to Committee on Game and Fish.

F Mr. Moss. of Cobb-

A bill to prescribe the punishment for all felonies where the punishment is not capital.
Referred to Committee on General Judiciary.

By Mr. McMichael, of Marion-
A bill to repeal an Act to elect County School Commissioners by the people.
Referred to Committee on Education.

By Mr. Mcintyre, of Thomas-
A bill to amend an Act to amend Section 2059. Volume 2, of Code.
Referred to Committee on Counties and County Matters.

By Mr. Boyd, of Spalding-

}

bill

to ~

consolidate

the

laws

creating

the

charter.

of Griffin.

l'efnred to Committee on Corporations.

114

JouRNAL OF THE HousE.

By Mr. Ault, of Polk-

A bill to amend Section 813 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Boyd, of Spalding-

A bill to amend an Act to create Board of Commissioners of Spalding and Butts Counties.
Referred to Committee on Counties and County Matters.

By Mr. Boyd, of Spalding-

A bill to appropriate $10,000 to the Board of Di-rectors of the Experimental Station so as t.o enlarge its sphere of influence.
Referred to Committee on Appropriations.

By Mr. Barrett, of Stephens-

A bill to require Fire Insurance Companies doing

business in this State without capital stock to do

business on assessment plan.

.

Referred to Committee on Insurance.

THURSDAY, JUNE 23, 1910.

115

By Mr. Edwards, of Walton-

A bill to provide for the creation of liens in favor of blacksmiths.
Referred to Committee on General Judiciary.

By Mr. Edwards, of Walton-

A resolution tendering the use of the hall of the House to the Grand Lodge of Odd Fellows.
The above resolution was adopted.

By Messrs. Lawrence, of Chatham, Brown, of Carroll, Jones, of Meriwether-

A bill to adopt and make of force the Code of laws prepared by John L. Hopkins.
Referred to Committee on General Judiciary.

By Mr. Edwards, of Walton-

A bill to amend the C'Onstiiution so as to authorize the State to create a debt of $600,000 to supply casual deficiencies in revenue.
Referred to Committee on Amendments to Constitution.

ll6

JouRNAL OF THE HousE.

By Mr. E9-wards-
A bill to amend the Tax Act of 1909 relative to taxation of dogs.
Referred to Committee on ways and Means.

By Messrs. Price and Johnson, of Bartow-
A bill to require applicants for pardon to give notice by publication of same.
Referred to Committee on Penitentiary.
By Mr. Henderson, of Turner-
A bill to amend an Act to create a Board of Commissioners for Turner County.
I
Referred to Committee on Counties and County Matters,

By Mr. Rogers, of Randolph-

A bill to create the City Court of Cuthbert.

Referred to Committee on Special Judiciary.

By Mr. Hatfield, of Coffee-

--- ___....2

A bill to amend an Act to create the City Court of Douglas.

THURSDAY, JUNE 23, 1910.

117

Referred to Committee on Special Judiciary.

By Mr. Smith, of Gilmer-

A bill to create the City Court of Ellijay. Referred to Committee on Special Judiciary.

By Mr. Persons, of Monroe-

A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Monroe County.
Referred to Committee on Counties and County Matters.

By Mr. Henderson, of Turner-

A bill to incorporate the town of Sycamore. Referred to Committee on Corporations.

By Mr. Henderson, of Turner-

A bill to repeal an Act to incorporate the town of Sycamore.
rRefe'rred to Committee on Corporations.

118

JouRNAL oF THE Hom;~.

By Mr. Wight, of GradyA bill to amend the Charter of the town of Grady. Referred to Committee on Corporations.

By Mr. Porter, of Floyd-
A resolution to create new Committee to be known as Committee on Dogs.
Referred to Committee on Rules.

By Messrs. Lord and JoinerA bill to incorporate the Tennille School District. Referred to Committee on Education.

By Mr. Henderson-
A bill to create a new charter for the town of Worth.
Referred to Committee on Corporations.

By Mr. Butt, of Fannin-
A resolution providing for a change in United States Constitution so as to provide for the election of United States Senators by the people.

THURSDAY, JUNE 23, 1910.

119

Referred to Committee on Amendments to Constitution.

By Mr. Alexander, of DeKalb-
A resolution to propose an amendment to the Constitution to establish the right of recall.
Referred to Committee on Amendments to Constitution.
By Messrs Barksdale and Booker, of Wilkes-
A bill to amend an Act to create the City Court of Washington.
R-eferred to Committee on Special Judiciary.

By Mr. Hatfield, of Coffee--
A bill to fix the salary of the treasurer of Coffee County..
Referred to Committee on Counties and County Matters.

By Mr. Jones, of Meriwether-
A bill to amend an Act to fix the salary of the Stenographer to the State Bank Examiner.
Referred to Committee on Appropriations.

120

JouRNAl, oF THE HousE.

The following communication from Hon. J:;:w. Lindsey was received and read:

PENSION OFFICE,
June 23, 1910.
To the House of Representatives-
MR. SPEAKER: In pursuance of a resolution of the House of Representatives passed at the last Session, a number of resolutions on the subject of Special Pensions were turned over to the Commissioner of Pensions to be passed on by him and such as he might approve to be paid by the Governor. A list of those approved and paid is hereto attached marked exhibit "A."
He submits herewith such of those resolutions that in his judgment, under the Act, he could not pass on and approve for payment that they may he disposed of by the House of Representatives in tlreir order.
Respectfully submitted,
J. W. LINDSEY,
Commissioner of Pensions.

'l1HURSDAY, JUNE 23, 1910.

121

EXHIBIT "A."
List of Resolutions Passed on and Approved for Payment, August 19, 1910.

A resolution by Messrs. Kirby & CouchTo pay Mrs. John M. CornelL _________ $60.00
A resolution by Mr. EvansTo pay Mrs. G. W. Hendricks__________ 60.00
A resolution by Mr. HarringtonTo pay Mrs. Evelyne Dasher__________ 60.00
A resolution by Mr. UpshawTo pay Mrs. W. C. Baggett____________ 60.00
A resolution by Mr. RogersTo pay Mrs. Aaron Renew____________ 60.00
A resolution by Mr. Stubbs, of ThomasTo pay Mrs. Elizabeth Law____________ 60.00
A resolution by Mr. UpshawTo pay rs. Ben Wadkins_____________ 60.00
A resolution by Mr. HardemanTo pay Mis. Sallie Wallace____________ 60.00

,

122

JouRNAL oF THE HousE.

A resolution by Messrs. Hardeman and Holder-
To pay Mrs. M. L. Hughes____________ 60.00
A resolution by Mr. ReddingTo pay Mrs. Mattie Beckham__________ 60.00
A resolution by Mr. Armstead:To pay Mrs. M. J. McCarty------------ 60.00
A resolution by Mr. ArmsteadTo pay Mrs. W..J. Martin_____________ 60.00
A resolution by Mr. EdmundsonTo pay Mrs. Eliza Lee________________ 60.00
A resolution by Mr. McElreath___: To pay Mrs. M. T. Morris_____________ 60.00__
A resolution by Mr. McMichael, of ButtsTo pay Mrs. Lucinda James___________ 60.00
A resolution by Mr. McFarlandTo pay Mrs. Lenora Britt_ __ .;_________ 60.00

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

THURSDAY, J lfNE 23, 1910.

123

By Messrs. Tippins, of Appling; Butt, of Fannin, Mcintyre, of Thomas_:_
A bill to amend the Constitution so as to provide for bi-ennial sessions.
Mr. Anderson, of Chatham, moved that consideration of the above bill be postponed until July 6th, which motion was lost.
Mr. Anderson then moved to table the. bill, which motion was also lost.
The following amendments were proposed by the Committee, which were adopted, to-wit:
To amend Section 1 of said Act as follows : By adding between the figures 1911 and the word ''and'' . in tenth line of said Section the words "at the capitol."
Also,
To amend said Section by adding after the word ''law'' in line 11 of said Section the following words: "In cases of destruction of the capitol or epidemics, invasion, insurrection or war when its meeting at the capitol may be impracticable or inadvisable, the Governor may convene them at such place in the State as he may deem best, so that when said Section is so amended it shall read as follows :

124

JOURNAL oF THE HousE.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Paragraph 3, of Section 4, Article 3, of the Constitution of this State be, and the same is hereby repealed, and the following paragraph be inserted in said article in lieu thereof: Paragraph 3. Mecting of the' General Assembly.rrhe first meeting of the General Assembly, after the ratification of this amendment to the Constitution shall be on the fourth Wednesday in June, 1911, at the capitol, and bi-ennially thereafter on the same day until the day shall be changed by law. In cases of dest~uction of the capitol or epidemics, insurrection or war when its meetings at the capitol may be impracticable or inadvisable, the Governor may convene them at such place in the State as he may deem best. No session of the General Assembly shallcontinue longer than sixty days; Provided, that if an impeachment trial is pending at the end of the sixty days, the session may be prolonged until the com'pletion of said trial.''

Mr. Sheppard called for the prevwus question, which call was sustained.
Mr. Hall, of Bibb, moved that the session be extended until the above bill be disposed of, which motion prevailed.
The main question was then ordered on Mr. Sheppards motion.

THURSDAY, JUNE 23, 1910.

125

On agreeing to the report of the Committee which was favorable to the passage of the bill as amended, Mr. Lewis, of Hancock, called for the ayes and nays, which call was sustained, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Anderson of Chatham Field of DeKalb

Armistead

Ford

Atherton

Garlington

Ault

Gastley

Barksdale

Godley

Bailey

Graddick

Barrett

Hardeman of Jell's 'n

Bell

Harrington

Booker

Henderson of Irwin

Brown of Murray Hubbard

Butt

Johnson of Bartow

Buxton Carter Chandler Childs Converso Culberson Cureton Daniel Drawdy

Johnson of Towns Joiner Keith Kennedy !{icklightet Kirby. Lewi1 Lovejoy Meadows of Toombs

Edmondson

Miller of Calhoun

Edwards

Miller of Ware

English

:M:ilikin

Faircloth

:Mitchell

Macintyre McCutchen Parker of Decatur
Person~
Pickett Porte: Pric<J Redding Reese Roberts Simmon1 Simpson Stwnt: 'i"arve: Tippin!! Tuggle Turner Turnipseed Gpshaw waddell Watkim Wight of Grady

Those voting in the negative were Messrs.:

Adams Alexander of .DeKalb Alexander of Fulton Allen Alley Atkinson

Bagley Berry Brinson of Decatur Brinson of Emanuel Bro'Vn of Carroll Brown of Fulton

Brown of Henry Cal beck .Cannon Carswell Cordell Couch

. 126

JOURNAL OF THE HousE.

Cowan Dickson Elder Ellison Evans Fields of Crisp Fullbright Gillis Uuyton Hall Hardman of Jackson Harvey Hatfield Heard Helms "HPnderson of Turner Holder of Floyd Holtzclaw Hullender Huie Jones of Laurens

Kelley Kendrick Kidd Littleton Lord Martin l\fooro Moss Mac:F'arland McCarthy McConnell McCrory McCurry McElreath 'McMahan ~fcMichael of Butts McMichael of Marion McWhorter Oliver Parker of Talbot Paulk

Peacock Pope Proctor Heaves Reid of Macon Sheppard Shirley Slade l'mith of Gilmer Smith of Tattnall Smith of Walton Stovall Stubbs of Putnam Vinson Walters \Vasden \Vhite of Screven Whiteley Williams Wright of Floyd

Tpose not voting were Messrs. :

Anderson of Bullock Bake! Beacham Boyd Burch Cooke Davis F.!Hs Fender G1iffin of Sumter Griffin of Twiggs Hendricks

Hill

Reid of Campbell

Howell

Rentz

Johnson of Jeff Davis Rogers

.JC>nes of Meriwether Rosser

Jones of Mitchell

Stubbs of Thomas

Lawrence

Tracey

Meadows of Telfair W.ohlwender

Middlebrooks

Wood

~Iinte:

Woodliff

McArthur

Wright of Stewart

Pierce

~I:. Speaker

Ayes, 70; nays, 80.

The roll call was verified and on co11nting the votes cast it was found that the ayes were 70 nays 80; The

THURSDAY, JUNE 23, 1910.

127

report of the Committee was therefore disagreed to and the bill lost.
Leave of absence was grantedMR. BEACHAM, of Dooly;
MR. EvANs, of Bibb.

The Speaker then announced the House adjourned until 10 0 'clock to-morrow morning.

128

JOURNAL oF THE HousE.

ATLANTA, GEORGIA,

FRIDAY, JuNE 24th, 1910.

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

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

Adams

Brown of Murray

Alllxander of DeKalb Burch

Alexander of Fulton Butt

Allen

Buxton

Alley

Calbeck

Anderson of Bullock Cannon

Anderson of Chatham Carswell

Armistead

Carter

Atherton

Chandler

Atkinson

Childs

Ault

Converso

Barksdale

Cooke

Bagley

Cordell

Bailey

C<,uch

Bake:

Cowan

Barrett

Culberson

Beacham

Cureton

Bell

Daniel

Be.rry

Davis

Booker

Dickson

Boyd

Drawdy

Brinson of Decatur Edmondson

Brinson of Emanuel Edwards

Brown of Carrol

Elder

Brown of Fulton

Ellis

Brown of Henry

F.IIison

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

FRIDAY, JuNE 24, 1910.

129

Henderson of Turner 1\Iitchell

Rosser

Hendricks

:\foore

Sheppard

Hill

Moss

Shirley

Holder of Floyd

MacFarland

Simmou

Holtzclaw

:Macintyre

Simpson

Howell

McArthur

Slade

Hubbard

McC.arthy

Smith of Gilmer

Hullender

McConnell

Smith of Tattnall

Huie

McCrory

Smith of Walton

Johnson of Bartow McCurry .

Stovall

Johnson of Jeff Davis McCutchen

Strong

J1Jhnson of Towns McElreath

Stubbs of Putnam

Joiner

McMahan

Stubbs of Thomas

;roues of Laurens

McMichael of Butts 'l'arvel

.Jones of Meriwether McMichael of Marion 'l'ippins

Jones of Mitchell

McWhorter

'l'racey

Keith

Oliver

'l'uggle

Kelley

Parker of Decatur 'furner

Kendrick

Parker of 'falbot

Turnipseed

Kennedy Kicklighter Kidd Kirby Lawrence

l'aulk Peacock Persons Pickett Pierce

Upshaw Vinson Waddell Walters Wasden

Lewis

Popo

Watkins

Littleton

Porter

White of Screven

Lord

Price

Whiteley

Lovejoy

Proctoz

Wight of Grady

Martin

Reaves.

Williaml

Meadows of Telfair Redding

Wohlwender

Meadows of Toombs Reese

Wood

Middlebrooks

Reid of Campbell

W.oodlifl

Miller of Calhoun

Reid of Macon

Wright of Floyd

Miller of Ware Milikin

RPntz Hubert9

Wright of Stewart M:. Speake~

Minter

Rogen

Mr. Mcintyre, of Thomas, gave notice that at the proper time he would move to reconsider the action of the House in defeating on yesterday the bill pro viding for bi-ennial sessions.

h-5

130

JouRNAL oF THE HousE.

The Journal of yesterday's proceedings was read and confirmed.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following Senate Bill, to-wit:
A bill to make the wife or husband a competent witness in case of Bigamy and for other purposes.
Mr. Anderson, of Chatham, moved that the House reconsider its action in defeating House Bill No. 6 providing for bi-ennial sessions.
Mr. McMichael called for the prevwus question which call was sustained, and the main question ordered.
On the motion to reconsider Mr. Anderson called for the ayes and nays, which call was sustained, and the vote was as follows :

Those voting in the affirmative were Messrs.:

Anderson of Chatham Booker

Ault

Boyrl

Ba:rksdale

Burch

Bake:

Childs

Barrett

Converse

Bell

Culberson

Cureton Daniel Davis Drawdy Edwards English

FRIDAY, JuNE 24, 1910.

131

Field of DeKalb Ford Hardeman of Jeffs'n Harrington Henderson of Irwin Henderson of Turner Keith Kicklighter Kirby Lewis Miller of Ware

Milikin Mitchell 1\lac intyro McCutchen McMahan
P~rsons
Pickett Porte: Redding Reese RobertJ

Simmons Simpson Stront:
'farve~
Tippins 'l"raeey Turnipseed Wight of Grady "\\" ohl wendel

Those voting in the negative were Messrs.:

Adams

Fields of Crisp

Littleton

Alexander of DeKalb Pullbright

Lori!

Alexander of Fulton Gastlq

::\Iartin

Allen

Gillis

Meadows of Toombs

Alley

Godley

Moon!

Atherton

Graddick

l\iosa

Atkinson

Guyto~

MacFarland

Bagley

Hall

McArthur

Bailey

}f ~rdman of Jackson McCarthy

Berry

Harvey

McConnell

Brinson of Decatur Hatfield

McCurry

Brinson of Emanuel Heard

McElreath

Brown of Carroll

Helms

McMichael of Butts

Brown of Fulton

Holder of Floyd

McMichael of Marion

BrQwn of Henry

Holtzclaw

:McWhorter

Brown of Murray Hubbard

Olive:

Bux.ton

Hullender

Parker of Decatur

Calbeck

Huie

Paull;;

Cannon

Johnson of Bartow Peacocl;;

Carswell

Johnson of Jeff Davis PopJ

Carter

Johnson of Towns Price

Chandler

Joiner

Proctor

Cordell Couch

Jones of Laurens Jones of Mitchell

Reaves Rogerl

Dickson Elder

Kelley Kendrick

i::'heppard Shirley

Ellison

Kennedy

Slade

Evans

Kidd

Smith of Tattnall

132

JOURNAL oF THE HousE.

Smith of Walton ~to v a l l Tuggle Upshaw Vinson

\\'alten Wasden Watkina \\'bite of Screven Whiteley

\\'illiaml Woodliff Wright of Floyd

Those not voting were Messrs.:

Anderson of Bullock Armistead Beacham Butt Cooke Cowal\, Edmondson Ellis Faircloth Fender Garlington Gtiffin of Sumter Griffin of Twiggs

Hendricks Hill Howell Jones of Meriwether Lawrence Lovejoy :Marshall Meadows of Telfair Middlebrooku Miller of Calhoun Minter McCrory Parker of Talbot

Pierce Heid of Campbell Reid of Macon Rent::: Rosset Smith of Gilmer Stubbs of Putnam Stubbs of Thomas 1'urner Waddell Wood \\"Tight of Stewart J\I:. Speaker

The roll call was verified and on counting the votes it was found that the ayes were, 49; nays, 97. The motion to reconsider was therefore lost.
Mr. Hall, of Bibb, moved that when the House adjourned to-day it stand adjourned until 10 o'clock Monday morning next, which motion prevailed.
The following communication from Ron. Thos. E. Watson was read:

FRIDAY, JuNE 24, 1910.

133

HoN. JoHN N. HoLDER,

THOMSON, GEORGIA, June 23 1910.

Speaker of the liouse,

Atlanta, Ga.

MY DEAR Sm: For the present, I withhold the name of the writer of the letter of which the inclosed is a copy. I believe him to be a responsible man, and, if necessary, will put you in communication with him. It seems to me that it is my duty to transmit to you a copy of the letter, in order' that you may lay it before the Committee on Public Buildings and Grounds, so that a searching investigation may be made.

R. F. Duckworth and John Lee, who are running things at Union City, are utterly unprincipled and corrupt. Mr. Barron was their protege, and it was at their urgent, insistent request that Governor Brown appointed Barron to his present position. It is not at all improbable that the charges made in the letter are true, and that Barron is dividing with his pals at Union City.

Very respectfully yours, THOS. E. wATSON.

134

JouRNAL oF THE HousE.

MR. WATSON:
During the past year large sums of the people's money has been spent at and on the Capitol, in repairs, refurnishings, etc., etc.
If you will have the Legislature appoint a committee of investigation, to look into the affairs and conduct of the office of Keeper of Public Buildings and Grounds, there will be some rich, rare and racy developments, which will show Lee Barron up in his tru.e colors, and prove the unwisdom of Mr. Brown in placing such an irresponsible person in such an important position, just to please Ducky, and the Union City bunch. I would suggest that said committee ascertain if certain contracts let by said keeper, for repairs and improvements, were not paid for at one price, and charged up to the State, at a much larger figure; or, in other words, if there has not been a ~ollusion between said keeper and said contractors, to the effect that if said keeper would award certain contractsat a certain figure, he would be entitled to, and receive, a certain amount from said contract. (Don't you seef)
Also let them ascertain if Guards, Porters, and other employees names have not been kept on the "pay-roll"-and their salaries drawn regularlywhen they were not in the service of the State in any capacity. Coal, wood, water, gas, electric-lights and other "Bills and Contracts" should be fully investigated.

FRIDAY, JuNE 24, 1910.

135

I merely put you on to these things. . There is surely something dead up the branch. The water needs to be filtered.
Yours truly, Atlanta, Ga.

Mr. Anderson, of Chatham, moved that the foregoing communication be referred to the Committee on Public Property with instructions that it make a searching investigatiqn of the charges contained therein.
Mr. Sheppard, of Sumter, moved as a substitute that the matter be referred to a Special Committee to be appointed by the Speaker.
The previous question was called and the main question ordered.
Mr. Anderson's motion was then put and carried.
On motion of Mr. Hardeman, of Jefferson, House Bill No. 56 was taken from the' table and placed on the Calendar.
Unanimous consent was then granted that House Bill No. 160 should take the place of House Bill No. 56 on the Calendar.
By unanimous consent House Bills Nos. 247 and 262 were placed on the Calendar for a second reading.

136

JOURNAL OF THE HousE.

By unanimous consent House Bills No's 544 and 182 were taken from the table and placed on the Calendar.
By unanimous consent House Bill No. 46 and 7, were allowed to exchange places on the Calendar.
13y unanimous consent House Bill No. 305 was recommitted.
The following resolution was read and referred to the Committee on Rules, to-wit:,

By Mr. Alexander, of DeKalb-
A resolution providing that the House take up on June 30 the matter of the ratification of amendments to the United States Constitution.
Mr. Macintyre, Chairman of the Committee. on Counties and County Matters, submitted the fo1lowing report:

Mr. Speaker:
Your Committee on Counties and County Matters, having had under consideration the following House bills, to-wit:
No. 709 being" An Act to create a Board of Commissioners of Roads and Revenue for Clayton county."

FRIDAY, JUNE 24, 1910.

137

No. 731 being ''An Act to reduce insurance fees for companies doing business in four counties or less.''
And recommends that both of said bills do. pass.
MAciNTYRE, 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 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 require legislative counsel or agents to register with Secretary of State.
A. bill to prohibit book-making, pool selling, etc.
Also the following bills of the House with the recommendation that same do not pass, to-wit:
A bill to amend Sectio;n 5260, Code 1895, relative to witness fees.
A bill to amend Section 2805, Code 1895, relative to mechanics liens, etc.

138

JouRNAL oF THE HousE.

A bill to abolish right of defendants in criminal ci:tses to make a statement not under oath.
Also the following bill of the House with the recommendation that same be re-referred to the Committee on Insurance, to-wit:

A bill to provide for creation of corporations to do the business of Industrial Life Insurance upon the Capital Stock plan.
Respectfully submitted,
J. H. HALL, Chairman.

Mr. Fullbright, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

June 24, 1910.

Your Committee on Special Judiciary has had under consideration the following House bills towit:

No. 61. To regulate 1ssumg life insurance policies.

No. 513. To repeal the Act requiring registration in cases of special elections.

No. 263. Requiring license to carry weapons.

FRIDAY, JuNE 24, 1910.

139

No. 264. Making carrying concealed weapons a felony.
No. 322. To amend Section 4130 of Code of 1895.
And instruct me as Chairman to report them back with the recommendation that they and each of them do not pass.
FuLLBRIGHT, Chairman.

By unanimous consent House Bill No. 630 was taken from the Committee on General Judiciary and re-referred to the Committee of Special Judiciary.
By unanimous consent House Bill No. 108 was taken from the General Judiciary Committee and referred to the Committee on Insurance.
By unanimous consent the following bill was read the second time, to-wit:

By Mr. Huie, of Clayton-
A bill to create a Board of Commissioners of Roads and Revenues for Clayton county.
By unanimous consent the call of the roll of counties was dispensed with and the following new bills were introduced, to-wit:

140

JouRNAL oF THE HousE.

By Mr. Johnson of Towns-
A bill to prohibit the taking of fish in the Hiawassee River above Newt Taylor's store.
Referred to Committee on Counties and County Matters.
By Mr. Moore, of Columbia-
A resolution to pay Mrs. R.. A. Lynn the pension due her for years 1903, 1904, 1905, 1906 and 1907.
Referred to Committee on Pensions.

By Mr. Barrett, of Stephens-
A resolution providing for the payment of the expenses of committees acting during recess and authorized by the General Assembly of 1909.
Referred to Committee on Appropriations.
By Mr. Johnson, of Towns~
A bill to authorize the making and giving away of lemonade, etc., in the town of Young Harris a misdemeanor.
Referred to Committee on Temperance.

FRIDAY, JUNE 24, 1910.

141

By Mr. Brown, of Fulton-

A bill to increase the safety of the .traveling pub-

lic and railroad employees in this State.



Referred to Committee on Railroads.

By Mr. Brown, of Fulton-

A resolution providing for the payment of pen-Sion due Mrs. J. W. Harding.

Referred to Committee on Pensions.

By Mr. Booker, of Wilkes-

A bill to amend an Act to regulate the sale and inspection of commercial fertilizers.

Referred to Committee on General Agriculture.

By Mr. Miller, of Calhoun-

A bill to amend an Aet to regulate the expenditure of eounty funds.

Referred to Committee on Counties and County Matters.

By Mr. Turnipseed, of Clay-

A bill to amend an Act to provide for the future employment of felony and misdemeanor convicts.
Referred to Committee on Penitentiary.

142

J OURNAI, oF THE HousE.

. '~~i~~L....o..,....~ :.: ~-

By Mr. McElreath, of Fulton-

A bill to make the wife competent to testify against her husband in certain cases.
Referred to Committee on General Judiciary.

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

A bill to prohibit the assignment, etc., of wages which are subject to garnishment.
Referred to Gommittee on General Judiciary.

By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to prohibit any assignment, etc., of wages which are not subject to garnishment.
Referred to Committee on General Judiciary.

By Mr. Garlington, of Richmond-

A bill to provide compensation for Ordinaries for co11ection of near beer tax.
Referred to Committee on ways and Means.

FRIDAY, JUNE 24., 1910.

143

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

A bill to declare women eligible to hold the office of Justice of the Peace.
Referred to Committee on General Judiciary.

By Mr. Alexander, of Fulton-
A bill to regulate the sale of convict made goods in this State.
Referred to Committee on Special Judiciary.

By Mr. Miller, of Ware-
A bill to amend an Act to create the City Court .of Waycross.
Referred to Committee on Special Judiciary.
By Messrs. Burch~ cf Laurens; Baker, of Lumpkin, and Lewis, of Hancock-

A bill to provide for the re-arrangement of the Judicial Circuits of this State, etc.
Referred to Committee on General Judiciary.

144

JouRNAl, oF THE HousE.

By Messrs. Burch, of Laurens; Baker, of Lumpkin; Lewis of Hancock-
A resolution to provide for the payment of the expenses and per diem of the committee to enquire into the re-arrangement of the Judicial Circuits of Georgia.
Referred to Committee on Appropriations.

By unanimous consent House Bill No. 724 was taken from the Committee on Counties and County Matters and referred to the Special Judiciary Committee.
The undersigned committee appointed to look into . the re-arrangement of the Judicial Circuits of Georgia, submitted the following report:

To the General Assembly of Georgia:
Your Committee appointed at the last session of the General Assembly to re-arrange the Judicial Circuits of the State of Georgia, and to equalize the labors of the judges thereof, met at the capitol in Atlanta on May 23d, 1910, and organized :with the Hon. E. S. Griffith, Chairman of the Senate Committee, presiding and Hon. J. E. Burch as Secretary. Your Committee remained in session the 23d and 24th of May arranging proper maps and getting
ready for a complete investigation when, ou account
of an inability to obtain the necessary information.

FRI~AY, JuNE 24, 1910.

145

from the various counties and circuits of the State it was found necessary to take. a recess until Monday, June 13th, when it re-assembled at the capitol in Atlanta and resumed their work.
Your Committee found it very difficult to obtain the necessary information for the work in hand, and after consulting on the 23d and 24th of May it was decided by the Committee to adjourn until the 13th of June and in the meantime to write to the judges of the various circuits and the clerks of the Superior Courts of the State and ascertain as far as possible the situation in the various Judicial Circuits and the various counties of the State. The Committee found that it was very much handicapped in ascertaining the desired information; from the fact that they had no authority whatever to compel. the attendance of witnesses or compel any one to furnish information. Many of the clerks failed to answer the let~ers of the Committee. Several of the judges answered by written communication and some of them appeared before the Committee, and some of them have not responded at all, but after getting what information we could procure from all sources we proceeded to do the work the very best we could under the circumstances, and we believe that the plan herein submitted of the re-arrangement of the circuits will be of great benefit to the Stahl.
After selecting Mr. C. B. Weatherly as stenographer and hearing such reports as had been re-

146

JOURNAL oF THE HousE.

ceived from the various judges and ~lerks 'of the Superior Courts of the several circuits and counties, we proceeded to discharge the duties assigned to us. We found the labors very tedious, and after a most careful hearing of such evidence as we {?Ould obtain and the closest investigation of the interests of the several circuits and people, we hereby recommend the following re-arrangement of the Judicial Circuits of the State, and we further recommend that the circuits of the State be hereafter designated in numerical order instead of in the manner' heretofore of force in this State.

we hereby recommend that the 1st judicial circuit be composed of the county of Chatham.

That the 2d judicial Circuit be composed of the counties of Effingham, Bullock, Tatnall, Toon:.~_::, Liberty and Bryan.

That the 3d judicial circuit be composed of the counties of Mcintosh, "\Vayne, Appling, Jeff Davis, Camden and Glynn.

That the 4th judicial circuit be composed of the counties of Coffee, Clinch, Echols, Ware, Pierce and Charlton.

That the 5th judicial circuit be composed of the counties of Tift, Berrien, Colquitt, Thomas, Brooks and Lowndes.

FRIDAY, JUNE 24, 1910.

147

That the 6th judicial circuit be composed of the counties of Decatur, Grady, Miller, Baker, Mitchell,
Dougherty and vVortb.
That the 7th judicial circuit be composed of the counties of Early, Clay, Quitman, Randolph, Calhoun, Terrell and Lee.
That the 8th judicial circuit be composed of the counties of Dooly, Crisp, Wilcox, Turner, Ben Hill and Irwin.
That the 9th judicial circuit be composed of the counties of Twiggs, .Pulaski, Laurens, Dodge, Telfair and Montgomery.
That the lOth judicial circuit be composed of the counties of Washington, Johnson, Emanuel, Jenkins, Screven and Jefferson.
That the 11th judicial circuit be composed of the counties of Burke and Richmond.
That the 12th judicial circuit be composed of the counties of Jones, Wilkerson, Baldwin, Hancock, Putnam, Jasper, Morgan and Greene.
That the 13th judicial circuit be composed of the eounties of Bibb, Crawford and Houston.
That the 14th judieial circuit be composed of the eounties of Stewart, \Vebster, Sumter, Schley Macon and Chattahoochee.

148

JOURNAL OF THE HousE.

That the 15th judicial circuit be composed of the counties of Muscogee, Marion, Talbot and Taylor.
That the 16th judicial circuit be composed of the counties of Harris, Troupe, Meriwether, Heard and Coweta.
That the 17thjudicial circuit be composed of the counties of Upson, Monroe, Pike, Butts, Spalding, Fayette and Henry.
That the 18th judicial circuit be composed of the counties of Gwinnett, Walton, Oconee, Clarke and Jackson.
That the 19th judicial circuit be composed of the counties of Glascock, Warren, McDuffie, Columbia, Lincoln, Wilkes and Taliaferro.
That the 20th judicial circuit be composed of the counties of Oglethorpe, Madison, Elbert, Hart, Franklin and :Sanks.
That the 21st judicial circuit be composed of the counties of Hall, Union, Dawson, Lumpkin, White, Habersham, Rabun, Towns and Stephens.
That the 22d judicial circuit be composed of the counties of Cobb, Milton, Cherokee, Pickens, Gilmer, Fannin and Forsyth.
That the 23d judicial circuit be composed of the

FRIDAY, JUNE 24, 1910.

149

counties of Bartow, Gordon, Murray, Whitfield, Catoosa and Dade.
That the 24th judicial circuit be composed of the counties of Floyd, Chattooga and Walker.
That the 25th judicial circuit be composed of the counties of Carroll, Douglas, Haralson, Paulding and Polk.
That the 26th judicial circuit be composed of the county ofFulton.
That the 27th judicial circuit be composed of the counties of Campbell, Clayton, DeKalb, Rockdale and Newton.
Your committee believe that this arrangement of the judicial circuit.s will be of great benefit to the public service and will largely equalize the labors of the respective presiding judges and inure to the convenience of the citizens thereof, this being the object with which we have entered upon the discharge of our labors. These circuits as suggested being more compactly arranged will make it more convenient for -the trial judges to appear in each county to hear any motions at chambers that may be pending, in the presence of the parties litigant, if the Legislature should so determine, and which we earnestly recOJllmend that the Legislature will provide for, the judge so travelling being paid his actual expenses to and from the county of his residence, except where such

150

JOURNAL oF THE HousE.

are heard in connection with the discharge of the duties of a regular session of the court.
In seeking to carry out the purpose for which the committee was appointed we have found it necessary to recommend the creation of a new judicial circuit, known as number 19 as here~nbefore named, composed of the counties of Glascock, warren, McDuffey, Columhia, Lincoln, Wilkes and. Taliaferro.

Your committee shows that iit was necessary to have prepared a map showing the judicial circuits of Georgia as they now exist.
The undersigned committee appointed to look into the re-arrangemmt of the judicial circuits of Georgia submitted the following report:
When the map referred to was made we had some blue prints prepared, and have prepared and submit herewith a map showing the judicial circuits numerically numbered, as prepared and recomm~nded by the committee.
We also submit herewith a map showing the judicial circuits as they now exist.
Your committee in pursuance of the recommendations herein made have prepared and submit herewith to the Legislature a bill carrying into effect the recommendations herein made.

FRIDAY, JuNE 24, 1910.

151

Your committee further recommends four terms of the Superior Court in each county and the abolition of all City Courts, believing that it would be to the best interest of the State and that the courts can be more economically administered in this way.
Respectfully submitted,
E. s. GRH'FITH,
Chairman.
- - - - McCuRRY, H. H. LEWIS, . R. H. BAKER, J. E. BuRcH,
Committee.

Recommendation as to abolition of City Courts dissented to by
LEwis, of Hancock.
Leave of absence was granted-
MR. SIMPSON, of Gwinnett,
1\h. HARVEY, of Wilcox.

On motion of Mr. Lewis, of Hancock, the Speaker announced the House adjourned until 10 o'clock l\fonday morning.

15:2

JOURNAL oF THE HousE.

ATLANTA, GEORGIA,

MoNDAY, JuNE 27, 1910.

The House met pursuant to adjournment at 10 o'clock a. m. this day, was called to order by the Speaker and opened with prayer by Rev. A. T. Spalding.

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

Adams

Henderson of Irwin

Alexander of DeKalb Brown of Murray

Alexander of Fulton Burch

Allen

Butt

Alley

Buxton

Anderson of Bullock Calbeck

Anderson of Chatham Cannon

Armistead

Carswell

Atherton

Carter

Atkinson

Chandler

Ault

Childs

Barksdale

Convers(]

Bagley

Cooke

Bailey

Cordell

Baket

Couch

Barrett

Cowan

Beacham

Culberson

Bell

Cureton

Berry

Daniel

Booker

Davis

Boyd

Dickson

Brinson of Decatur Drawdy

Brinson of Emanuel I~dmondson

Brown of Carroll

Edwards

Brown of Fulton

Elder

Brown of Henry

Ellis

J<:llison
~English

Evans

.l'

Faircloth

Fender

Field of DeKalb

Fields of Crisp

J'ord

Pullbright

Garlington

Gastley

Gillis

Godley Grad dick

Griffin of Sumter

Gtiffin of Twiggs

Guyton

Hall

Hardeman of Jeffs 'n

Hardman nf Jackson

Harrington

Harvey

Hatfield

Heard

H:elm~

.... d

MoNDAY, JuNE 27, 1910.

153

Henderson of Turner Mitchell

Hosse:

Hendricks

Mi>oro

Sheppard

Hill

Mos~

Shirley

Holder of Floyd

MacFarland

Simmons

Holtzclaw

Macintyre

Simpson

Howell

McArthur

Slade

Hubbard

McCarthy

Smith of Gilmer

Hullender

McConnell

Smith of Tatnall

Huie

McCrory

Smith of Walton

Johnson of Bartow McCurry

1:'-\toval]

Johnson of Jeff Davis McCutchen

Strong

Johnson of Towns McElreath

Stubbs of Putnam

Joiner

McMahan

Stubbs of Thomas

Jones of Laurens

McMichael of Butts Tarve:

Jones of Meriwether McMichael of Marion Tippins

Jones of Mitchell

McWLorter

Tracey

Keith

Olive:

Tuggle

Kelley

Parker of Decatur Turner

Kendrick

Parker of Talbot

'l'urnipseed

Kennedy

Paulk

Upshaw

Kicklighter

Peacock

Vinson

Kidd

Persons

Waddell

Kirby

Pickett

Waltera

Lawrence

Pierco

Wasden

Lewi.1

Popo

Watkin~

Littleton

Porter

\Yhite of Screven

Lord

Price

\llhiteley

Lovejoy

Proctor

Wight of Grady

Martin

Reavea

William!

Meadows of Telfair Redding

Wohlwender

Meadows of Toombs Reeso

Wood

Middlebrooks

Reid of Campbell

Woodliil

Miller of Calhoun

Reid of Macon

Wright of Ployd

Miller of Ware Milikin

Rentz Roberta

Wright of Stewart M:. Speaker

Minter

Rogers

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

154

JOURNAL OF THE HousE.

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

By Mr. Huie, of Clayton-
A bill to create a Board of Commissioners of Roads and Revenues for Clayton County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 121, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Vinson, of Baldwin-
A bill to provide for the establishing of certificates of stock of banks or private corporations in lieu of lost or desttoyed certificates and for other purposes.
The following amendments proposed by the committee were adopted, to-wit:
To amend by striking from line 6, Section 1, the words "his agent," also from line 8, Section 1, the words "his agent," also at the conclusion of Section 2, by adding the following: "Provided that all
,eQsts of the proceedings under this Act shall be paid i?

MoNDAY, JuNE 27, 1910.

155

by the applicant if no defense is filed-and if a defense is filed, then by the party against whom the issue is decided.
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 106, nays 0.
The bill having received the requisite constitutional majority was passed as amende?.
By 'unanimous consent House Bill No. 441 was taken from the General Judiciary Committee and referred to the Committee on Railroads.
By unanimous consent House Bill No. 296 was recommitted to the Committee on Hygiene and Sanitation.
The following resolutions were read and referred to the Committee on Rules, to-wit:

By Mr. Anderson, of Chatham-
A resolution to make House Bill No. 74 the special and continuing order for Tuesday July 12th.

By Mr. Littleton, of Richmond-
A resolution to make House Bill No. 221 the special order for July 7.

156

JouRNAL oF THE HousE.

Mr. Carswell, Vice-Chairman of the Committee on Appropriations submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration House Resolution No. 176, and beg leave to report the same back with the recommendation that the same do pass.
J. H. CARSWELL,
Vice-Chairman, Presiding.

rrhe following communication from Rev. M. H. Eakes was read and accepted by the House:

MADISON, GA., June 23, 1910. HoN. JOHN HoLDER,

Speaker House of Representatives, Atlanta.

HoNORED Sm: Please accept my resignation as Chaplain of the House and oblige.

Yours,

The resignation was accepted.

M. H. EAKES.

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



MuNDAY, JuNE 27, 1910.

157

By Mr. Barrett, of Stephens-
A resolution providing for the payment of the per diem and expenses of Committees that served during' last vacation.
The undersigned Committee appointed to select a Chairman submitted the following report which was adopted, to-wit:

Mt. Speaker :
Your Committee appointed to recommend a Chap~ lain beg leave to present the name of Dr. J. J. Bennett, of Atlanta, Ga.
J.P. McCoNNELL, Chairman. T. J. HARRINGTON, FERMOR BARRETT.

By unanimous consent the call of the roll of counties was dispensed with and the following bills were read the first time, to-wit:
By Mr. Turnipseed, of Clay-
A bill to create a Board Commission for the city of Fort Gaines.
Referred to Committee on General Judiciary.



158

JOURNAL oF THE HousE.

By Mr. Turnipseed, of Clay_:
A bill to provide a system of reg-istration for the city of Fort Gaines.
Referred to Committee on Special Judiciary.
By Mr. Jones, of MeriwetherA bill to amend an Act to create the City Court of
Greenville. Referred to Committee on Special Judiciary.
By Mr. Alley, of WhiteA bill to reg-ulate the hunting of foxes in the county
of White. Referred to Committee on Fish and Game.

By Messrs. Smith and Kennedy, of Tat:hallA bill to amend an Act to incorporate the city of
Hagan. Referred to Con'1mittee on Corporations.
By Mr. Hendricks, of TiftA resolution for the relief of Keith Carson. Referred to Committee on Military Affairs.

uno. MoNDAY, JuNE 27,

159

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

A bill to appropriate $500 to re-imburse the Fruendschafts-bund for locker tax, etc.
Referred to Committee on Appropriations.

By. Mr.Barksdale, of \Vilkes-
fix A bill to the salary of the stenogu'lpher of the
State Bank Examiner.
Referred to Committee on Banks and Banking.

By Mr. Vinson, of Baldwin-

A bill to provide for the appointment of Trustees of the State Sanitarium and to prescribe their term of office, etc.
Referred to Committee on State Sanitarium.

By Messrs. Griffin and Sheppard, of Sumter-

A bill to regulate the application for marriage license.
Referred to Committee on General Judiciary.

160

JOURNAL oF THE HousE.

By Mr. Johnson, of Bartow-
A bill to amend an Act to create a lien in favor of persons hauling stocks, logs or lumber, etc.
Referred to Committee on Special Judiciary.

By Mr. White, of Screven-
A bill to amend an Act fixing the term of office of t.he Commissioner of Pensions.
Referred to Committee on Pensions.

ByMessrs. Reid, of Campbell, Ellis, of Bibb, Alexander, of DeKalb and Hardman, of Jackson-
A bill to provide for State and County Boards of tax returns and valuations.
Referred to Committee on Ways and Means.

By Mr. McWhorter, of Greene-
A bill to amend an Act to incorporate the city of Union Point.
Referred to Committee on Corporations.

MoNDAY, JuNE '27, 1910.

161

By Messrs. Persons, of Monroe and Garlington, of Richmond-
A bill to provide for filing of notice of Lis Pendens.
Referred to Committee on General Judiciary.

By Mr. Elder, of OconeeA bill to amend Section 369'2 of the Code. Referred to Committee on General Judiciary.

By Messrs. Griffin and Sheppard, of Sumter-
A bill to authorize the County Treasurers of this State to pay for killing English Sparrows.
Referred to Committee on Fish and Game.

By Mr. Elder,of Oconee-
A resolution requesting Representatives in Congress from Georgia to use best efforts to secure the removal of Henry A. Rucker from the office of Collector of Internal Revenue of Atlanta.
Lie on table one day.
By Mr. Moss, of Cobb-
A resolution providing for a committee of three to

h-6

162

JOURNAL oF THE HousE.

call upon the Governor for an explanation as to why he failed to purchase lands for terminal facilities for W.&A.R.R.
Lie on table one day.
By unanimous consent the following bill was taken up and put upon its passage, to-wit:

By Mr. Alexander, of Dekalb-
A bill to create the office of Special Agent for .the affairs of the Western & Atlantic R. R.
The following amendment was adopted, to-wit: By the Committee-To amend by striking the words $4,500 and substituting in lieu thereof $3,000.
The hour for the consideration of unanimous having expired the above bill was carried over as unfinished business.
The following bills were rend the third time and put upon their passage, to-wit:

By Mr. Calbeck, of Gordon-
A resolution to refund to H. Yarboro"':lgh, of Gordon County, certain monies received by the State from the illegal sale of wild lands.
The following amendment was adopte_d, to-wit:

MoNDAY, JuNE 27, 1910.

163

By Mr. Hall, of Bibb-

To amend by striking last section and insert the following: ''Be it res_olved by the House of Representatives, the Senate concurring therein, that the sum of forty-two dollars and seventy-nine cents be and is hereby appropriated to repay the said sum of money and the Governor is hereby authorized to draw his warrant for the same.''
An appropriation being in':olved the House resolved itself into a Committee of the Whole and the Speaker designated as Chairman Mr. Lewis, of Hancock.

After a consideration of the resolution the Committee arose and through their Chairman reported the same back with the recommendation that it do pass as amended.

The report of the Committee was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams Alexander of <DeKalb Alexander of Fulton Allen Alley Atherton

Atkinson Ault Barksdale Bagley Bailey Baket

Barrett Bell Berry Booker Brinson of Decatur Brinson of Emanuel

164

JOURNAL m THE HousE.

Brown of Carroll Brown of Henry Burch Butt Buxton Cal beck Cannon Chandler Childs Converso Cordell Couch Cowan Daniel Dickson Drawdy Edwards Elder Ellison English Faircloth E'icld of DeKalb Fields of Crisp l''ord Fullbright Garlington Gastley Godley Graddick Guyton Hall Hardeman of Jeffs'n Iiardman of Jackson Harrington Hatfield
Heard Helms lJenderson of Irwin

lJ enderson of Turner HPndriclis II ill Howell Huie .Tuhnson of Bartow ,) uhnson of Towns ,Toiner Jones of Laurens Jones r,f Mitchell Keith Kennedy Kidd IGrby Lewh Lord Lovejoy :Martin Meadows of Telfair :Meadows of Toombs Miller of Calhoun Miller of \Yare l\Iilikin Mitchell Mooro
i\fOSI
MacFarland i\facintyro McConnell McCrory l\icCurry McCutchen McElreath MeMahan 1 MeMichael of Butts
McWhorte~
Olin; Parker of Decatur

Parke1 of Talbot Pickett Pierco l'opo l'ortel Proctor Heayes Reeso Reid of Campbell
Robert~
Rogers Hossp; Sheppard Shirley
Simmon~
Smith of Gilmer i".1111ith of Tattnall Smith of walton StoYall Tarver Tippins 'fracey Tugglo 'furner 'l'urnipseed l:pshaw Yinson Waddell Walter3 Wasden vVatkin:1 Whiteley i\"ight of Grady William I Wohlwende1 '.Yool Woodlifi Wright o:f Floyd

Those not voting were Messrs. :

Anderson of Bullock Bt>aeham

Anderson of Chatham Boyd

Armistead

Brown of Fulton

Brown of Murray Carswell Carter

MoNDAY, JuNJ<~ 27, 1910.

165

Cooko ( 'ulbcrson <'ureton Davis Edmondson Ellis Evans Fender Gillis Griffin of Sumter Griffin of 'rwiggs Harvey Holder of Floyd lloltzclaw Hubbard

Hullender

Persons

.Johnson of ,J!'fl' Davi:; Pric.u

.Tones of J\Ieri wether Hedding

Kelley

Heid of Macon

Kendrick

Hentz

Kicklighter

Simpson

Lawrence

Slade

Littleton

Strong

;\'liddlPbrooks

Stubbs of Putnam

1\Iinte:

Stubbs of Thomas

:McArthur

\\'hit' of Screven

McCarthy

\\'right of stewart

McMichael of J\Iarion I1J;. Speaker

l'aulk

Peacock

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the resolution the ayes were 132, nays 0.
'l'he resolution having received the requisite constitutional majority was passed as amended.
By Mr. Keith, of Meriwether-
A resolution to appropriate money to pay vYill Kelly the amount due him for overwork in the State Penitentiary.
An appropriation being involved the house resolved itself into a Committee of the Whole and the Speaker designated as Chairman Mr. Me"'Vhorter, of Greene.

166

JOURNAL oF THE HousE.

After a consideration of the resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.
On motion of Mr. Hall, of Bibb, the resolution was immediately re-referred to the Committee of the Whole for fm:ther consideration and Mr. MeWhorter again took the Chair.
After further consideration of the resolution the Committee arose and through their Chairman reported the same back to the House with the recom.:. mendation that it be re-committeq to the Committee on Appropriations.

By Mr. Hall, of Bibb-
A bill to regulate pleadings in regard to the manner in which negligence may be alleged in cases where a presumption thereof arises upon proof of given facts or circumstances and for other purposes.
Pending discussion upon the above bill the hour of adjournment arrived and the same was carried over us unfinished business.
Leave of absence was granted-
MR. DAVIEs, of Dougherty.
The Speaker then announced the House adjourned untillO o'clock to-morrow morning.

'J'UESDAY, JUNE 28, 1910.

167

ATLANTA, GEORGIA,

TuEsDAY, .TuNE 28, 1910.

The House met pursuant to adjournment at 10

o'clock a. m. this day; was called to order by the

Speaker and opened with prayer by Rev. A. T.

Spaldi'ng.



By unanimous consent the call of the roll and the reading of the Journal of yesterday's proceedings were dispensed with.
By unanimous consent the following resolution was read the third time and put upon its passage, to-wit:

By Mr. Barrett, of Stephens-
A resolut~on to provide for the payment of the expenses and per diem of members of Committees that served during vacation of 1909.
An appropriation being involved the Speaker resolved the House into a Committee of the Whole and designated as Chairman Mr. Allen, of Upson.
After a consideration of the resolution the Committee arose and through their Chairman reported the same back with the recommendation that it do pass as amended.

168

JOURNAL OF THE HousE.

'L'he Committee proposed to amend as follows whieh was adopted, to-wit:
To amend by adding before the word ''therefore'' in line 22 the following: "And whereas no provision has heretofore been made to pay the expenses and per diem of the members of the Committee appointed by authority of the members of the General .Assemblyof 19m) to eonsider and report to the Genernl .Assembly a measure or measures to seeure a more full return and a fairer valuation of the property in this State subject to taxation.''
The report of the Committee which was favorable to the passage of the resolution was agreed to as amended.

On the pnssage 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 DeKalh Alexander of l'ulton AllPn Alley Atherton Atkinson Ault Barksdale Hagley Baket Barr!'tt Bell Booker

Boyd Brin~on of Decatur Brown of (arroll Brown of Henry
I~ureh
Butt Buxton ( 'allJ<e k <'an non CarswPll Carter ('handl!'r ('hiltls
Converso

Cordell Coucli Cowan ('ulbPrson naniel Ihvis Dickson Drawdy Edmondson Edwards Elder Ellison English Pield of DeKalb

TUESDAY, JUNE :28, 1910.

1 (i!l

Fields of Crisp

Kicklighter

Price

Ford

Kidd

Proctor

Fullbright

Kirby

lieave~J

Garlington

Lawrence

Reese

Gastley

Lewi;

Reid of Camplwll

Gillis

Littleton

Hobert~

Godley

Lord

Hogers

Oraddick

Meadows of Toombs Hosser

Guyton

Miller of Calhoun

Sheppard

Hall

Miller of \\'are

Shirley

Harrington

Milikin

Simmomr

Hatfield

:Mitchell

Simpson

Heard

:!11"ooru

Slade

Helms

:'.ios1

Smith of Tattnall

Henderson of Irwin l\Iac.Farland

Smith of Walton

Henderson of Turner Macintyre

Stovall

Jfendricks

J\fc( 'arthy

Strong

Holder of Floyd

McConnell

Stubbs of Putnam

Holtzclaw

:McCrory

't'arver

Vowell

McCutchen

Tippins

Hubbard

McElreath

Tracey

Hullender

Mc!Viahan

'l'ugglo

Hnie

McMichael of Butts Turnipseed

.Johnson of Bartow McMichael of .Marion Upsha\\'

Johnson of .Jeff Davis :McWhorter

Yinson

,I ohnson of Towns Olive:

\\'alter:;

;Joiner

Parker of Decatur \Yatkin:1

.Jonps of Laurpns

J'arkf'T of Talbot

\\'hitele,\'

.Tones of Mitchell

Paull\

Wight of G rad_v

Kelley

ri<>rCJ

\\" i.lliaml

Kendr;ck

Pop a

\Vohlwendc;

Ke.nnedy

Porte:

Wood

Those not voting were Messrs.:

Anderson of Bullock Brown of Fulton

And<>rson of Chatham Brown of :Murray

Armistead

Cooko

Bailey

Cureton

Beacham

Ellis

Berry

Evans

Brinson of Emanuel I'aireloth

Fender Griffin of Sumter (:;jffin of Twiggs Hardeman of Jeffs 'n Hardman of .JacksoJ Harvey Hill

170

JoURNAL oF THE HousE.

Jones of Meriwether Keith Lovejoy Mar.tin Meadows of Telfair Middlebrooks Minter McArthur McCurry

Peacock Persons Pickett Redding Reid of Macon Rentz Smith of Gilmer Stubbs of Thomas 'l'urner

Waddell Wasden White of Screven Woodlifl Wright of Floyd WTight of i'ltewart Mr. Speaker

By unanimous consent the verification of the roll call wasdispensed with.
Upon the passage of the resolution the ayes were 138, nays 0.
The resolution having received the requisite constitutional majority was passed as amended.
By unanimous .consent the following resolution was read, to-wit:
By Mr. Johnson, of Bartow-
A resolution to change and fix the hours of meeting of the House.
The resolution was lost.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

TuESDAY, JuNE 28, 1910.

171

Mr Speaker:

The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit:

A resolution authorizing the State Librarian to furnish Acts of the General Assembly and reports of Court of Appeals and Supreme Court to the various new counties.

The Senate has passed by a requisite constitutional majority the following bills of the Senate, to-wit:

A bill to define the rights of Orphans Homes and Asyl~ms or other benevolent institutions of this. State.
Also,
A bill to require County Commissioners and. Ordinaries or other authorities having charge of public works to pay costs to officers.
Also,
A bill to provide for the regular exchange between Georgia and other States, of State documents~ for supplying our State institutions with similar material and for other purposes.

172

.JouRNAL OF THE HousE.

By unanimous consent the following resolution was read and adopted, to-wit:
By Messrs. McCrary, of Schley and Sheppard, of Sumter-
A resolution tendering the sympathy of-the House to the family of Hon. "\V. D. Murray, deceased.
By unanii.:nous consent the following bills were read the first time. to-wit:
By Mr. Sheppard, of Sumter-
A bill to authorize the Secretary of State to confer upon certain corporations the powers of trust compames.
Referred to Committee on Banks and Banking.
By Mr. Moss, of Cobb-
A hill to prevent the procuring of females for immoral purposes.
Referred to Committee on General Judiciary.
By Messrs. Tuggle, of Troup; Ault, of Polk and McCutchen, of Heard-
A bill to amend an Act to C'reate a Prison Commission for the State of Georgia.
Heferred to Committee on Penitentiary.

TUESDAY, JuNE 28, 1910.

173

By Messrs. Moss, of Cobb and Rosser. of Walker-
A bill to provide for the trials of injunctions. motions for new trials. etc.
Referredto Committee on General.Judiciary.

By Mr. Alexander, of DeKalh-
A resolution making inquiries of the Prison Commission as to the condition at the prison farm.
Lie on table one day.

By Messrs. Hardman, of Jackson and Brown, of Fulton-
A bill to appropriate funds for the completion of State Sanitarium for treatment of tuberculosis.
Referred to Committee on Appropriations.

By Mr. Carswell, of wilkinson-
A bill to amend Section 982. Volume 1. of the Code, so as to make the town of Gordon a State Depository.
Referred to Committee on Banks and Banking.



174

J OURNAJ, OF THE HousE.

By Messrs. Faircloth, of Johnson and Lewis, of Hancock-
A bill to amend Section 574, Volume 1, of the Code.
Referred to Committee on General Judiciary.

By Mr. Boyd, of Spalding-
A bill to allow the manufacture of domestic wines under certain restrictions.
Referred to Committee on Temperance.

By Mr. Reid, of Campbell-
A bill to provide a stenographer for the Insurance Department, etc.
Referred to Committee on Insurance.

By Messrs. Simpson, McConnell, Bell, Woodliff-
A bill to require street railway companies to allow inter-urban.railwars the use of their tracks.
Referred to Committee on Railroads.

By Messrs. Wohlwender and Slade, of Muscogee-
A bill to authorize the sale of a part of the com- m~ns of the City of Columbus.

TuESDAY, JuNE 28, 1910.

175

Referred to Committee on Special Judiciary.

By Mr. Edwards, of Walton-

A bill to amend Section 974 of the Penal Code of 1895.
Referred to Committee on General Judiciary.

By Mr. Edwards, of Walton-

A bill to amend Section 939 of the Penal Code of 1895.
Referred to Committee on General Judiciary.

By Mr. Edwards, of Walton-

A resolution providing for adjournment of the General Assembly on July 21st, 1910.
Referred to Committee on Rules.

By Mr. Wood, of Banks-

A bill to appropriate $1,000 to each county for the

improvement of public roads.



Referred to Committee on Appropriations.

176

,JouRNAL oF THE HousE.

By Mr. Culberson, of Lincoln-

A bill to amend Section 4147 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Alley, of white-
A bill to amend Section 574, Volume 1 of the Code of 1895.
Referred to Committee on General Judiciary. The following resolutions were adopted, to-wit:

By Mr. Upshaw, of Douglas-

A reHolution providing for the acC'eptance of the invitation to lunch with the Atlanta Alumni of the School of Technology.

By Mr. Barrett, of Stephens-

A resolution providing that the Secretary of State be instructed to furnish the House with spring water.

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

TuESDAY, JuNE 28, 1910.

177

Mr. Speaker:
Your Committee on General Judiciary have had under consideration the following bill 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 fix terms of Supreme Court of Georgia.
Also the following bill of the House with the recommendation that the same do pass, to-wit:
A bill to amend Section 220, Code 1895, relative to criminal trespass.
Also the following resolution of the House with the recommendation that same do not pass, to-wit:
A resolution to appoint a joint Committee to draft a bill re-arranging Judicial Circuits.
Also the following bills of the House with the recommendation that same do not pass, to-wit.
A bill to make accused persons competent to testify in their own behalf in criminal cases.
A bill to provide for admission in evidence certain instruments of writing affecting titles of land.
A bill to prevent cutting timber, etc., on land without com:ent of owner.

178

JOURNAL OF THE HousE.

Also the following bill of the House with the recommendation that same be re-referred to Committee on Hygiene and Sanitation, to-wit:
A bill to provide for mosquito bars in certain hotels.
.Respectfully submitted,
J. H. HALL, Chairman.

A communication was received from J. L. Barron, Keeper of Public Buildings and Grounds, praying the House to make a thorough and searching investigation of the charges made against him and the affairs in his office, which was referred to the Committee on Public Property.
By unanimous consent House Bills Nos. 11, 12, 13 were taken from the table and placed on the Calendar.
By unanimous consent Senate Bill No. 7 was recommitted to the Committee on Game and Fish.
House Bill No. 55 was taken from the General Judiciary Committee and recommitted to Committee on Hygiene and Sanitation.
Under the head of unfinished business the following bills were put UJ?On their passage, to-wit:

TuEsDAY, JUNE 28, 1910.

179

By Mr. Hall, of Bibb-
A bill to regulate pleadings in regard to the manner in which negligence may be alleged iJl cases where a presumption thereof arises upon proof of given facts or circumstances.
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.

By Mr. Alexander, of DeKalb-
A bill to create the office of special agent for the affairs of the W. & A. R. R.
Mr. Barrett, of Stephens, offered a substitute for the above to place the affairs of the W. & A. R. R. in the hands of the R: R. Commission, which was adopted.
The report of the Committee which was favorable to the passage of the bill as amended, was agreed to by substitute.
On the passage of the bill the ayes were 94, nays 3.

180

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed by substitute.
The following bill was read the third time and put on its passage, to-wit:
By Messrs. Tippins, of Appling; Boyd, of Spalding; .Macintyre, of Thomas; McMichael, of Butts-
A bill to regulate the running of automobiles, etc., on the higl;ways of this State.
On motion the above bill together with the substitute were tabled and 200 copies ordered printed for the use of the House.
House Bill No. 402 was taken from the table and placed on the Calendar by unanimous consent.
By unanimous consent House Bill No. 127 was taken from the table and placed on the Calendar.
House Bill No. 50 was tabled on motion of .Mr. wright, of Floyd.
:Jfr. Reid, Chairman of the Committee on ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on \Vays and .Means have had under consideration the following bill of the House which they instruct me, as their Chairman, to re-

TuESDAY, JuNE 28, 1910.

181

port back to the House with the recommendation that the same do pass, to-wit:

By Mr. Anderson, of Chatham-
A bill to be entitled an Act to amend an Act entitled an Act to annually levy and collect a tax for the support of the State government, approved August 16, 1909.
Also the following bill which they instruct me to report back to the House with the recommendation that the same do pass as amended, to-wit:

By Mr. Adams, of Hall-
A bill to be entitled an Act to amend General Tax Act approved August 16, 1909, so as to repeal tax on dogs.
Also the following bill of the House which they instruct me to report back to the House with the recommendation that the author he allowed to withdraw the same, to-wit:

By Mr. Wight, of Grady-
A bill to amend Sections 839, 840, 842 of Volume 1 of the Code of 18~5.
They have also had under consideration the following bills of the House which they instr~wt me to

182

JOURNAL OF THE HousE.

report back to the House with the recommendation that the same do not pass, all being bills to repeal / tax on dogs, the same being so reported because one bill to same effect has already been reported favor,ably, to-wit:
714 By Mr. Drawdy, of Clinch
7f8 By Mr. Faircloth, of Johnson.
755 By Mr. McCrory, of Schley.
708 By Messrs. Baker, of Lumpkin and Hul1ander, of Catoosa.
730 By Mr. Edwards, of Walton.
713 By Mr. Upshaw, of Douglas.
They have also had under consideration the following bill of the House which they instruct me to report back to the House with recommendation that same do not pass, to-wit:

By Mr. Garlington, of Richmond-
A bill to provide compensation for Ordinaries for the collection of near beer tax.
Respectfully submitted,
C. s. REID,
Chairman.

\

TuESDAY, JuNE 28, 1910.

183

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

By Messrs. l!,ullbright, of Burke and White, of
Screven~
A bill to make it unlawful for any person to carry
a pistol without first having taken out a license from the Ordinary.
By unanimous consent the session was extended until the above bill be disposed of.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 100, nays

The bill having received the requisite constitutional majority was passed.
Mr. Hall, of Bibb, moved tliat when the House adjourn it stand adjourned until9 o'clock to-morrow morning which motion prevailed.
Mr. Anderson, of Chatham, moved to adjourn, which motion prevailed and the Speaker announced the House adjourned until9 o'clocl} to-morrow mornmg

184

.TOURNAL oF THE HousE.

ATLANTA, GEORGIA,

vVEDNESDAY, JUNE 29, 1910.

The House met pursuant to adjournment at 9 o'clock a. m. this day; was called to order by the Speaker, and opened with prayer by Rev. Arthur H. Gordon, of Atlanta.

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

An.derson of Bullock Cannon

AndC"rson of Chatham Carswell

Armistead

Carte.r

Atherton

Chandler

Atl<inson

Childs

Ault

Converso

Barksdale

('ooko

Bagley

( 'ordell

Bailey

Couch

Bake:

Cowan

Barrett

Culbl'rSou

Beacham

Curl'ton

Bell

Daniel

Berry

llavis

Booker

Dickson

Boycl.

Drawdy

.Brinson of DC'catur E<lmondson

Hrinson of Ema'ilucl Edwards

Brown of Carroll

Elder

Brown of Fulton

Ellis

Brown of Henry

Ellison

En.glish
Evans Faircloth Fender Field of DeKalb FiPlds of Crisp Jo'ord Fullbright Garlington Gastley Gillis Godley Graddick .Griffin of Sumter Griffin of 'l'wiggs Go\yton Hall Hardeman of .Jeffs 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin- 1Ienderson of Turner

-WEDNESDAY, JUNE 29, 1910.

185

Hendricks

Mos1

Shirley

Hill

MacFarland

Simmons

Holder of }'loyd

l\f acin tyrc

SimpsO!l

Holtzcla"

McArthur

Slade

Howell

McCarthy

Smith of Gilmer

Hubbard

McConnell

Sn11ith of Tattnall

Hullender

McCrory

Smith of walton

Huie

McCurry

Sto,all

.Johnson of Bartow McCutche!l

Stron1:

Johnson of Jeff Davis McElreath

Stubb:1

.J~hnson of Towns

McMahan

Stubbs of Putnam

.Joiner

McMichael of Butt" Stubbs of ThomaR

,fones of Laurens

McMichael of Marion 'l'ane:

.lones of Meriwether MeWhorter

'l'ippins

.Tones of Mitchell

Olive:

'fracey

Keith

Parker of Decatur Tugglo

Kelley

Parker of Talbot

Turner

Kendrick

Paull\

Turnipseed

Kennedy

Peacock

Fpshaw

Kicklighter

PPrsonfl

Vinson

Kidd

f'ickPt-t

\\' addell

Kirby

PiPrc,,

\\' alter:1

Lawrence

Pop()

W:~sden

Lewi1

l'orte:

Watldn1

Littleto!l

Prico

\\'bite of Screnn

Lorfl

Procto1'

\\'hiteiey

Lovejoy

Heave~

Wight of Gmlly

Martill

Redding

\\'illiam 1

l\feadows of Telfair Reese

\\' ohlwende:

Meadows of Toombs Reid of Campbell

Middlebrooks

Reid of Macon

Woor1
Woodlif~

Miller of Calhoun Miller of \\'are Milikill

Hentz Hobert1
Roger~

Wright of Floyd \\'right of Stewart l\fr. Hpeake;

Mitchell

Hosse:

Mooro

Hheppard

Mr. Minter was absent.

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

186

JouRNAl, oF THE HousE.

By unanimous consent the following bill was read the third time and put upon its passage, to-wit:
By Mr. Harrington, of Liberty-
A bill to amend an Act to create a Board of Commissioners for the County of Liberty.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 110, nays 0.
The bill having received the requisite constitutional majority, was passed and on motion of Mr.. Harrington was ordered immediately transmitted to the Senate.
By unanimous consent the following bills were read the first time, to-wit:
By Messrs. Smith, of Gilmore, Wright, of Floyd, Butt, of Fannin; Berry, of Union-
A resolution memorializing the General Assembly of Tennessee to provide an additional Judge for the Circuit Court of Polk County Tennessee.
Lie on table one day.
By Mr. Reid, of Campbell-
A bill to require the public road fund of certain

WEDNESDAY, ;JULY 29, 1910.

187

counties to be apportioned amongst the Militia Districts of said counties.

Referred to Committee on Counties and County Matters.

By Mr. Hall, of Bibb-
A bill to repeal Nos. 871, 872, 873, Volume 1, of the Code 1895, relating to tax defaulters.
Referred..to Committee on General Judiciary.

By Mr. Miller, of CalhounA bill to abolish the City Court of Calhoun County. Referred to Committee on General Judiciary.

By Mr. Calbeck, of Gordon-
A bill to fix the fees to be paid by local fire and storm insurance companies, etc.
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 Hall County.
Referred to Committee on Counties and County Matters.

188

JOURNAL oF THE HousE.

By Mr. Hall, of Bibb-

A hill to amend and construe an Act to amend Section ~388 of the Civil Code of 1895.
Referred to Committee on General Judiciary.

By Mr. Hall, of Bibb-
A bill to amend Section 787, Volume 1, of the Code relative to County Railroad taxes.
Referred to Committee on General Judiciary.

By 1\fr. Hall, of Bibb-
A bill to authorize the Board of Commissioners of Bibb County to sell county bonds for certain purposes.
Referred to Committee on General Judiciary.

By Mr. Persons, of Monroe-
A bill to amend Paragraph 2, Section 6, Article 7 of the Constitution.
Referred to Committee on Constitutional Amendments.

\VEDNESDAY, JUNE 29, 1910.

189

By Mr. Miller, of Ware-

A bill to regulate the butchering of cattle in \Vare county.
Referred. to Committee on Counties and County Matters.

By Messrs. Rosser, Cureton, Hullender and Tarver-
A bill to create a new Superior Court Circuit to be known as the Chicamauga Circuit.
Referred to Committee on Special Judiciary.

By Mr. Watkins, of Carroll-
A bill to repeal Section 1110, Volume 3 of the Code of 1895.
Referred to Committee on General Judiciary.

By Mr. Reid, of Macon-
A bill to amend an Act to create the City Court of. Oglethorpe.
Referred to Committee on Special Judiciary.

190

JouRNAL OF THE HousE.

By Mr. Williams, of MadisonA bill to incorporate the town of Ila. Referred to Committee on Corporations.

By Messrs. Smith and Kennedy, of Tattnall-
A bill to amend Section 4147 of the Code of 1895.
Referred to Committee on General Judiciary.
I
By Messrs. Parker, of Talbot and Burch, of Laurens-
A bill to amend an Act to amend Section 2166 of the Code of 1895.
Referred to Committee on Railroads.

By Mr. Moss, of Cobb-
A bill to amend an Act to amend Section 2166 of the Code of 1895.
Referred to Committee on General Judiciary.

By Mr. Kidd, of BakerA bill to abolish the City Court of Newton. Referred to Committee on Special Judiciary.

WEDNESDAY, JuLY 29, 1910.

191

By Mr. McMichael, of Marion-
A resolution to make House Bills Nos. 11, 12, 13 special orders.
Referred to Committee on Rules.
Mr. White, Chairman of the Committee on Pensions, submitted the following report:
M r $'peaker :
The Committee on Pensions having had under consideration the following bills and resolutions, beg to return the same with the following recommendations:
House Resolution No. 178.-A resolution_ to pay Mrs. J. W. Hardin pension due her husband, .J. H. Hardin, for 1897. Do not pass.
House Resolution No. 783.-Entitled, a bill to amend a bill that was approved December 18, 1901 to amend Section 5 of an Act of December, 1896, fix~ ing the term of the office of Commissioner of Pensions should continue, and for other purposes. Do pass.
House Resolution No. 177.-A resolution to pay Mrs. R. A. Lynn the pension due to her for the years of 1903, 1904, 1905, 1906 and 1907. Do pass.
Respectfully submitted,
WHITE, Chairman.


192

J OURNAI, oF THE HousE.

:Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

lllr. Speaker: Your Committee on Special Judiciary have had
t:nder consideration certain bills and instruct me as its Chairman to report them as follows:
House Bill No. 17.-Do not pass. House Bill No. 18.-Do not pass. House Bill No. 724.-Do pass. House Bill No. 729.-Do pass as amended. House Bill No. 699.-Do pass as amended. House Bill No. 781.-Do pass. House Bill No. 711.-Do pass. House Bill No. 785.-Do pass. House Bill No. 775.-Do pass. House Bill No. 630.-Do pass. House Bill No. 742.-Do pass. House Bill No. 602.-Do not pass.

WEDNESDAY,. JuLY 29, 1910..

193

House Bill No. 603.-Do pass. House Bill No. 499.-Do not pass. House Bill No. 190.-Do not pass.
Respectfu11y submitted, FuLLBRIGHT, Chairman.

Mr. Jones, of Meriwether, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Yottr Committee on Appropriations has had under c!onsideration the following bills and instruct me as their Chairman to report same back with the recommendation that they do pass.
To appropriate $25,000 for the State Normal School.
Also
To appropriate $35,000 for the Georgia School of 1-,echnology.

h-7

194

JOURNAL OF THE HousE.

Also To appropriate 35,000 for the Georgia Nonnal
and Industrial Schooi at Milledgeville. Respectfully submitted, W. R. JoNEs, Chairman.

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

1.1'!1. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit:
A bill to regulate and limit mortgage fi fas to seven years.
Also
. A bill to amend an Act approved August 23, 1907, relative to the Railroad Commission.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker: The Senate has passed, as amended, by a requisite

"\\~EDNESDAY, JUNE 29, 1910.

195

Constitutional majority the following House bill, towit:
A bill to put in force the Constitutional amendment, ratified at the election in 1908, providing for the payment of pensions to the widows of ex-Confederate soldiers, and for other purposes.

ATLANTA, GA., June 29, 1910.
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:

STATE OF GEORGIA, EXECUTIVE DEPARTMENT,
ATLANTA, GA.
To the General Assembly:

June 28, 1910.

A short time after I eame into office, I employed
the services of a competent and reliable firm of ex-
pert accountants to make a thorough investigation

196

J OURNAI, OF THE HousE.

of the then condition of the State Treasury, with reference to receipts and disbursements. I herewith submit to you the repor.t as made to me by Alonzo Richardson & Company. (Appendix A)
On June 8, 1910, for information in the preparation of my message, I called on the State Treasurer to advise me as to the amount of unpaid appropriations and an estimate of the revenue to be received during the remainder of the year. I herewith submit his report as made to me. (Appendix B)
Permit me to call your attention to the fact that the Treasurer's statement estimates that on January 1, 1911, there will be unpaid balances on appropriations of the present year approximating $550,000, and that there will be in the Treasury at that time available to meet the unpaid appropriations only $490,845.82, or a deficiency of $59,154.18, with all taxes estimated to be collected .during the present year expended.
These matters are submitted to you for your information and guidance in dealing with appropriations and other legislation affecting the firrancial condition of the State.
In this connection, I call your attention to the closing words of the Treasurer's statement, vi2;:
' 'If the fiscal year ended June 30, instead of December 31st, a statement of the State's financial

WEDNESDAY, JULY 29, 1910.

197

condition could be shown that would be definite and more easily understood, dealing with actual figures and not estimates."
I am in accord with the Treasurer's implied suggestion that the fiscal year should end June 30, instead of December 31. This would be more in ha~ niony with the meetings of the General Assembly and is the date adopted by many States and by Federal government.
Respectfully submitted,
JOSEPH M; BROWN'
Governor.

]98

JouRNAL OF THE HousE.

(Appendix A)
REPORT OF AUDITOR.
ATLANTA, GA., October 8, 1909.
HoN. JosEPH M. BRowN, GoDernor, Atlanta, Ga.
DEAR SIR:-
We have examined the accounts of the Treasury Department and office of the Comptroller-General with special reference to the State's income and the relative proportion of expenses as governed by legislative appropriations for the years 1908 and 1909, and desire to give you a summary of our findings.
It is well in the beginning to call attention to the fallacy of confusing such receipts with revenue, and treating the total receipts at the Treasury during any calendar year as the revenue for that year. Statements made up on any such basis may lead legislative committees into grave error in making up appropriation sheets.
The total receipts at the Treasury during the year 1908, as shown in published statement of the department, and as verified by us in the course of our examination, aggregated $5,388,273.16, while the total revenue for the year amounted to only $4,879,860.98, a difference of $508,412.18. This total revenue includes collections during the year 1908 on acc-ount

WEDNESDAY, .JUNE 29, 1910.

199

of revenue for that year, collections to June 30th, 1909, on account of revenue for 1908 and, in addition, $55,722.01, belonging in accounts of 1908, but which was still unpaid on June 30th, 1908.
During the fall of 1907 w.e had almost a panic, collectiom; were slow and, as a consequence, more unpaid taxes were carried over on December 31st than were brought over from the year 1908 to January 1st, 1909, by $322,503.23.
The difference of $508,412.18, between cash receipts for 1908 and actual revenue for the year, is made up as follows:
Temporary Loan, included in receipts___$ 50,000.00 Receipts from convict hire apportioned
to counties and not treated as either revenue or expense_________________ 135,908;95 Shrinkage in asset of uncollected taxes, as explained above __________________ 322,503.23
TotaL ______________________$508,412.18
In making up estim.ate of revenue for year 1909, it must be borne in mind that many items making up the grant total are subject to fluctuations that cannot be anticipated at this time and that no absolutely accurate estimate can be made; but, basing our figures on experience of former years and allowing for the probable increase or decrease in various items, we have made an estimate that in the end will, we believe, prove approximately correct.

200

JouRNAL OF THE HousE.

We estimate revenue for year 1909 aL-$4,941,598.74 As against known revenue for 1908 of__ 4,879,860.98
Increase____________________$ 61,737.76
This increase of $61,737.76 is made up of anticipated gains in revenue from Special Taxes, General Ad Valorem Tax, Near Beer Fees, and a number of smaller items; while we figure there will be a decrease in some items, the only one of considerable importance being revenue from hire of convicts.
With an estimated increase of $61,737.76 in revenue, the appropriations for the two years are as follows: For the year 1909___________________$5,173,806.88
(Above includes $69,000 for W. & A. Terminalsat Chattanooga)
For year 1908_______________________ 4,961,739.66
Increase___________________ -$ 212,067.22
Comparing increase in appropriations with increased revenue, we have: Increase in appropriations _____________$212,067.22 Increase in revenue___________________ 61,737.76
Excess of increased appropriations __$150,329.46
The main items making up increase of $212,067.22 are Common School Fund, $250,000, and W. & A.

WEDNESDAY, JuLY 29,. 1910.

201

Terminals, $69,000. Quite a number of other appropriations have been reduced.
You will see from these figures that while the Appropriations for 1908 aggregated__$4,961,739.66 the revenue for the same year was only'4,879,860.98
Excess of appropriations or expenses for year -------------------------$ 81,878,68
While for year 1909, Appropriations aggregate -------~-$5.,173,806.88 Estimated revenue ---------------- 4,941,598.74
Excess of appropriations for year____$ 232,208.14
It will be seen from the above that the State spent in excess of revenue during the year 1908 $81,878.68 and in present year is spending in excess
of estimated revenue________________ 232,208.14
$314,086.82
Manifestly this policy if persisted in for any great number of years, will lead to serious complications.
Keep in mind that the Constitutional limit of five mills General Ad Valorem Tax was reached in 1907 and cannot be raised above that rate.
On January 1st, 1908, the State owed on account of unpaid apprQpriations-for 1907----$1,061,841.66 To which add:

20~

JouRNAl, OF THE Hous~.

Bonds, past due and not presented__ 3,500.00 Temporary loans and interest_ ____ _ 155,890.03
Total over due _______________$1,221,231.69 Add bonds and interest due January
1st, 1908 ----------------------- 245,577.50
TotaL ________ ,.. _____________$1,466,809.19 Cash in hand aggregated___________ 820,740.17

Excess of demand liabilities over cash in hand --------------------------$ 646,069.02 Collections on account of General Taxes were bet-
ter in fall of 1908, and on January 1st, 1909, the condition was as follows:

Unpaid appropriations, 1908________$ 840,498.68

'l'o which add: Bonds, past due, not presented_____ _ Temporary loan ------------------

3,500.00 50,000.00

Total over due _______________$ 893,998.68
Add bonds and interest due January 1, 1909 ------------------------- 243,327.50

TotaL ______________________$1,137,326.18 Cash in hand aggregated____________ 638,717.82

Excess of demand liabHities over .cash in hand --------------------------$ 498,608.36

WEDNESDAY, JUNE 29, 1910.

203

Nearly as we can estimate, the condition of the Treasury on January 1, 1910, will be as follows: Liabilities-
Brought over unpaid from year 1908 as above -----------------------$ 893,998.68
Appropriations year 1909__________ 5,173,806.88
Total maturing to Dec. 31, 1909__$5,067,805.56 Add bonds and interest due January
1, 1910 -------------------~---- 241,077.50
TotaL ______________________$6,308,883.06
To pay aboveCash in hand Jan. 1, 1909 ---------------$ 638,717.82 Estimated collections__ 4,941,598.74 - - - - - $5,580,316.56
Estimated cash deficit January 1, 1910_$ 728,566.50

In this statement we estimate collections for the year at an amount equal to the year's revenue. It is true that in 1908 the collections amounted to more, but that was due to the slow payments on account of taxes for 1907 and the unusually large amount that reached the Treasury after December 31, 1907, and was included in the Tl'easurer's statement of cash receipts for year 1908. As already explained, the tax revenue brought over from 1908 to be col-

204

JOURNAL OF THE HoUSE.

lected this year is $322,503.23 less than in 1907 tax brought over and collected in 1908.

We would like to call attention to some matters that seem to have escaped the attention of our Legislators. The State is working on -the theory that the appropriations for any calendar year must be met by the tax levy and other revenue for that year. . . While some items of revenue are under the law payable monthly, nearly all special taxes are reported quarterly, and the fourth quarter's collections do not reach the Treasury until after January 1st of the succeeding year.
The general Ad Valorem Tax, compnsmg, as it does this year, about 58 per cent. of the total revenue, cannot be paid until late in the year. Under our law, the tax books close on December 20, and collectors have until April 20 of the following year to make their settlements. As a result, a very large proportion of this tax reaches the Treasury in February, March and A.pril, and even later in the year following that in which it accrues.
While it takes sixteen months or more to collect the revenue, the expenses or appropriations are all due within twelve months.
Of the total appropriations for this year (5,173,806.88) two items constitute three-fifths: pensions, $950,000; common schools, ~2,260,000.

WEDNESDA:Y, JULY 29, 1910.

20"5

On January 1st, 1908, balance due !'Chool fund was $932,603.20. That amount was paid during year 1908, but on January 1, 1909, the balance unpaid on account of appropriations for 1908 was $726,266.28.

We have been allowed free and full access to all books and records needed in the course of our examination, and wish to thank the officials and employes of both the comptroller's ?ffice and the Treasury Department for the courtesies shown us.

Respectfully submitted,

(Signed)

ALoNzo RICHARDSON & Co.,

Certified Public Accountants.

(Appendix B.)

I>!)

STATEMENT OF TREASURER.

0 O"l

Account

Amount Drawn Bl\lance Undrawn E. Appro. 1910 Balance Undrawn.

CCiovniltiEngstebnt__f_un-d--_-__-_-_-_-_-_--- -_-_-__-_--_ Geological fund_______________ _ Solicitor GeneraL _____________ _ Overpayment taxes- ______ -----

$112,450.00 ____J_a_n__. _1_, _1_9_1_0___ _

3,429.83

6,436.75

4,375.00

5,303.71

21 ,,952535. .7090- _-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_- EE

$218,890.26 15,000.00 10,000.00 5,855.00 3,741.29

$106,440.26 16,006.92
10,928.71 2,900.00 ~ 2,217.50 0

Schoolfund___________________ Schoolfund___________________ Pub. records, etc______________

536,330.31

1909 553,423.21 _________________ _

418,436.10__________________

2,250,000.00

. 1,450.00

14,217.59 E

6,016.52

c:j

z 17,092.19 :>i

1,831,563.90 18,784.11

~

Agricultural Schools____________

55,000.00

604.20 E

105,600.00

51 ,204.20

Printingfund_________________

19,011.08

3.00

25,000.00

. 5,991.92 0

Academy Blind_______________

12,200.00------------------

23,000.00

10,800.00 >.j

Board of Health_______________ Colored College________________

1:3,000.00 4 ,040. 00

500.00 . 06

21,500.00 8 ,000. 00

9,000.00 ""'
3,960.06 =::

Ctg. Fd. R. R. Com____________

2,250.00------------------

3,000.00

750.00 t'J

Ctg. Fd. Superior Ct___________

588.77

401.06

Cattle Inspection _______ -" ____ -- ______ --- __ --____

325.00

Cont. Exp. Gen. Assembly ________ --________________________________

1 ,200.00 500.00 125.00

1,012.29
g 825.00 ~
125.00

Dept. of Agriculture___________

13,500.00

3,000.00

21,000.00

10 ,500.00 Ul

Experiment Sta___________ --- _

229.0:3

450.56

800.00

1 ,021. 53 f.!

Sanitarium ____ --------------Ga. N. & I. College____________

212,211.00

.30

. 21 ,320. QQ_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

424.,422.00 42 ,500. 00

212 ,211.30 21 ,180.00

Horticultural Fund____________

11,000.00

973.66

17,000.00

6,973.66

Indexing Journals_____________

75 .QQ_ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _

Binding Journals __ _________________ - _____________________________

150.00 500 . 00

75.00 500.00

Pensions______________________

939 ,900. 50

33 ,499. 05

940 ,000 .00

3:3,598.55

Oil Inspector__________________

646. 95

. 30

1 ,200. 00

553.35

Land Script Fund_____________

3 ,157.07 ____ _____ _____ ____

6 ,314.14

3,157.07

Insurance Fund---------------------------------

59.89------------------

59.89

LibraryFund_________________ Military Fund_________________

1,589.07 9 ,868. 76

45.73 9 ,868. 76

3,000.00 25 ,000.00

1,456.66 25 ,000.00

Ptg. Geological Department_____ N. Ga. A.M. College___________

575 .16

52 . 52

10 ,88o.oo__________________

2 ,500. 00 21 ,500.00

1 ,977 .36 10,620.00

Prison Fund__________________ Ptg. Fd, R. R. Com____________

43 ,608.20 640.45

2 ,274. 89 518.41

88 ,000.00 2,000.00

46 ,666.69 1,877.96

Pub. Bldgs. & G_______________ Pub. Ga. Reports_______ " ___ -"_ Pub. Debt. Int________________ Rate Expert__________________
Roster Fund-----------------School for DeaL______________ School of Tech________________ Soldiers Home________________ Special appropriation__________ State NormaL________________

14,820.00------------------

25,000.00

6 ,964.16

2 ,899.63

10 ,000.00

146,533.75

25,215.15

294,695.00

70.00

770 .40 _________ --- ___ ---

1,231.21

2,206.12

22 ,663.18- __ ---------- _____

1,200.00. 50 ,000.00

35,200.00-----------------12,500.00------------------

70,000.00 25 ,000.00

2,060.00------------------ E 21 ,000 .oo_ __ ____ __ ____ __ ___

13,660.18 42 ,000.00

10,180.00

5 ,135.47

173,376.40 700 .40

~

2,175.00 27 ,336.82

t-1
zt:l

34,800.00 t-1

12 ,500.00 l1 ,600.18 21 ,000.00

Ul
>t:l
~

State Agr'l College_____________
State University_______________ State Farmers Inst_____________ , Summer SchooL______________

30 ,000. 00- _________________

26 ,750.00

. 02

1 ,250.00-----------------5 ,000. 00- _----- ___ --- _-- __

60 ,000. 00 4!) ,500. 00
2,500.00

z 30 ,000. 00
18 ,750.02

<c::.:...,

1,250.00

5 ,000. 00 ___ --------- _____ _ t-1

Sta. Gen Assembly_____________ Tuberculosis Sanitarium________

146.41------------------

10 ,000. 00

7 ,000. 00

700.00 12 ,000. 00

553.53 9 ,000. 00

..I:....:oJ

Ctg. Fd. Ct. AP---------------------------------

71>1.39

Library Ct. AP----------------

100.50

722.83

Binding Codes ___ ____________

200 . OQ_ _________________

Sinking Fund_________________

88 ,005.00

12 ,505. 00

Reward Fund_________________

1 ,045. 26

2 ,850. 96

1,000.00

1,751.39

1,000.00

1,622.33

200 .00 _______ - __ -- _____ _

f-'o
<:.0
f-'o

100 ,000. 00

24 ,500.00 '?

3 ,000. 00

4 ,805. 70

Pub. Property Acct------------------------------------------------------------------------------------

N. E. R. R. lnst---------------------------------------------------------------------------~----------

1902 to 1909 inc________________ ~-_-------_______

28 ,087. 50__________________

28 ,087. 50

Legislative Payroll__ _____.___ : ______________________________________ E

67,100.28

67,100.28

$2,883,780.51

s 714 ,967. fj5

$122,869.67

$2,954,056.81

1-.:l 0

--1



208

JOURNAL oF THE HousE.

Balance Cash Jan. 1, 1910_______ _ Receipts First Qtr______________ _ Receipts , April________________ _ Receipts May__________________ _
Receipts, .June 8th _____________ _

$486,157.89 2,258,737.23
394,587.77 125,992.04
32,185.68

$3,297,660.61

Warrants drawn per schedule_____ $2 ,883 ,780 .51

Less amt. reverted into Treasury

since Jan. L-.---------------

731.12

. $2,883,049.39 cash balance June 8, 1910_______ _ 414 ,611.22

$3,297,660.61

Balance June 8, 1910.------------------------- S414 ,611.22 Estimated receipts for the balance of the year,
including increase advalorem taxes, etc_________ 2,546,802.36

$2,961 ,403.5R Appropriations undrawn June g ___ $2 ,954,056.81
Less Estimate of appropriations which will not be presented for payment by January 1, 1911____ 550,000.00

$2,404,056.81 Sinking Fund held in reserve ___ _ 100,000.00

52,504,056.81

Amount of pensions which will revert into the Treasury_______ _

33,499.05

$2,470,557.76 Es1ti,m19a1te1d) _c_a_s_h__i_n__T_r_e_a_s_u_r_y__(_J_a_n_. 490,845.82

$2,961,403.58 $2,961,403.58

Condition of Cash June 8, 1910.

Cash balance June 8, 1910_____________________ _ $414 ,611.22

Advances

Civil Establishment.-----------Expense_______________________

$35 ,599 .49 8.47

Bonds and Coupons_ ____________

9 ,717. 50

Registered Interest_ ________ -- __ -

775.00 46 ,100.46

---------------

$46,100.46 1368,510.76



WEDNESDAY, JULY 29, 1910.

209

Amount Held in Reserve.

Pub. property int. ______________ _ Outstanding bonds ___ --- ____ ---_ Coupons & Interest_ ____________ _ Sinking fund __________________ _

$28,087.50 24,500.00 25,215.15
100 ,ooo 0 00

$177 ,802 0 65

$177,802.65 $109,708.11

Available cash in Treasury June 8, 1910. If all taxes due for 1910, collected and collectible, are credited, and all appropriations for 1901, paid and payable, are changed, the Treasury will have to its credit a balance January 1, 1911, of over $2,000,000.00. If the fiscal year ended June 30th instead of December 31st, a statement of the State's finance could be shown that would be definite and more easily understood, dealing with actual figures and not estimates.
Respectfully submitted,
(Signed) J. P. BROWN,
State Treasurer.

The following bill which was made the special order for this time was taken up for the purpose of agreeing or disagreeing to the unfavorable report of the Committee, to-wit:
By Messrs. Johnson, of Bartow and Alexander, of DeKalb-
A bill to amend Article 7, Section 2, Paragraph 2, of the Constitution which relates to the power of the General Assembly to exempt from taxation public property, etc., so that the General Assembly may exempt from taxation certain farm products, and for other purposes.
Mr. Hall, of Bibb, moved t' hat the special order for this hour, 11 o'clock a. m., be postponed until 12 o'clock m., which m<?tion prevailed.
'

210

JQURNAL OF THE HousE..

Discussion on the above bill was then resumed.
Pending discussion on the bill the hour of 12 m. <''clock arrived and the special order,-the holding . of memorial services on the life and. character of
. Hon. A. S. R.eid, of Putnam county, was taken up.
The Speaker appointed Messrs. Hall, of Bibb; Stubbs, of Putnam and Hentz, of Houston, as the Committee to escort the family of the deceased to chairs on the floor of the House.

After the widow and relatives of the deceased were escorted to the seats prepared for them the Speaker directed the Clerk of the House to read the resolution providing for the present services.

After remarks by Messrs. Stubbs, of Putna:::; Heard, of Dooly; Boyd, of Spalding; Persons, of Monroe; Reese, of Glynn; wrigh_t, of Floyd; Atkinson, of Morgan; Hall, of Bibb; Alexander, of DeKalb; MeWhorter, of Greene; Simmons, of Bulloch; Fields, of Crisp.

Mr. Hall, of Bibb, moved that the resolution just read be adopted by a rising vote.

Mr. Fields, of Dooly, moved that the resolution be amended so as to require the Clerk of the House to send a copy of the same to the family of the deceased which was adopted.

WEDNESDAY, JUNE 29, 1910.

211

The resolution as amended was then put to the House and unanimously adopted.
Mr. Hardeman, of Jefferson, moved to adjourn to meet again at 10 o'clock tomorrow morning, which motion prevailed.
Leave of absence was granted Mr. Brinson, of Decatur; Oliver, of Quitman.

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

212

JOURNAL oF THE HousE.

ATLANTA, GEORGIA,
THURSDAY, June 301 1910.
The House met pursuant to adjournment ~t 10 o'clock a. m., this day, was called to order by the Speaker and opened with prayer by Rev. Jno. F. Purser.
By unanimous consent the call of the roll a~d the reading of the Journal of yesterday's proceedings were dispensed with.
The following message was received from the Senate, through Mr. Northen, Secretary thereof:
Mr. Speaker:
rrhe Senate has passed by a requisite Constitutional majority the following Senate bills, to-wit:
A bill to regulate the operation of automobiles in this State.
Also
A bill to amend an Act to establish the City Court of Washington, in and for the county of Wilkes.
The undersigned Committee to consider and report a measure providing for more effectual seem-

THURSDAY, JuNE 30, 1910.

213

ing a full and fair return of valuation of property, submitted the following report:

To the Sena.te and House of Representatives:
The joint Committee from the House and Senate, appointed under the authority of the joint resolution, adopted at the 1909 session of this General Assembly, to consider and report a measure or measures, providing for more effectual securing or full and fair returns and valuations of property, in this State for taxation, beg leave to submit tl1e following report:
The Committee has had several meetings and given careful consideration to the important subject with which it was charged. Realizing that there is a very great need of legislation to meet present conditions, conditions involving gross inequality and unfairness in the bearing of the burdens of taxation, by the people and property of our State,-conditions under which contributions to the common expenses of our State and county governments are largely voluntary, the Committee has sought to find a remedy by which these burdens may be more fairly distributed.
The imperative need of legislation on this subject, in this State, has long been recognized, and the Legislature has repeatedly considered bills proposed to remedy the defects in our taxation system. The Committee had, therefore, the benefit of the

214

JOURNAL oF THE HousE.

ideas of those members of former Legislatures who have carefully and ably investigated the subject, and formulated their conclusions in measures proposed by them.
In preparing the bill, which the Committee has approved, and authorized to be introduced in the House and Senate, liberal use has been made of the suggestions and ideas of these former bills, and little more has been done by this Committee than to attempt to harmonize and to simplify them as much as possible.
It was not deemed wise to attempt any radical change in our present system of giving and receiving tax returns.
What is proposed in the bill reported is intended to fit into our present taxation machinery and to make that machinery more effective.
The Committee, in conclusion takes the liberty of calling the attention of the General Assembly to the iact, that in view of the supreme importance of the subject dealt with by this bill, and in consideration o!' the universally admitted urgency of the need for remedial legislation in this matter, this bill should be given a consideration as prompt as the subject matter is important.
Respetcfully submitted,
H. A. MATHEWS,
L .. R. AKIN,
Committee on part of Senate.

THURSDAY, JUNE 30, 1910.

215

c. s. REID,
L. G. HARDMAN,
HooPER ALEXANDER, RoLAND ELLIS, HATTON LovEJOY.

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

By Mr. Adams, of Hall-
A bill to amend the General Tax Act of 1909, which provides for a tax on dogs.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. Pickett, of Terrell-
A bill to provide for the rotation of judges of the Superior Courts of this State.
Referred to Committee on General Judiciary.

By Mr. Smith, of Gilmer-
A bill to prohibit the sale of all kinds of malt in the State of Georgia.
Referred to Committee on Temperance.

216

JouRNAL OF THE HousE.

By Mr. Edwards, of Walton-
A bill to prevent any judge to express an opinjon to the jury as to what has been proved by evidence.
Referred to Committee on General Judiciary.

By Mr. Edwards, of Walton-
A bill to authorize defendants in criminal cases to be sworn and testify therein.
Referred to Committee on General Judiciary.

By Messrs. Brown and McElreath, of FultonA bill to amend an Act to create a new charter
for the city of Atlanta. Referred to Committee on Special Judiciary.
By Mr. Edwards, of Walton-
A bill to authorize amendments to bills of indictments, presentments and accusations in this State.
Heferred to Committee on General Judiciary.

By Mr. Converse, of Lowndes-
A bill to amend an Act to incorporate the Citizens
Bank of Valdosta.

THURSDAY, JUNE 30, 1910.

217

Referred to Committee on Banks and Banking.

By Mr. McCrory, of Schley-
A bill to provide for the permanent registration of voters.
Referred to Committee on General J udieiary.

By Mr. McCrory, of Schley, et al.-
A bill to appropriate $15,000 to the North Georgia Agricultural College at Dahlonega.
Referred to Committee on Appropriations.

By Mr. Tarver, of Whitfield-
A bill to increase the number of terms of the Superior Court of Whitfield county.
Referred to Committee on Special Judiciary.
By Mr. Hardman, of Jackson-
A bill to make the president of the Board of Trustees of the State College of Agriculture, etc., exofficio member of the Board of Trustees of the Stahl University.
Referred to Committee on University of Georgia and Branches.

218

.TouRNAL oF THE HousE.

By unanimous consent House Bills Nos. 11, 12, 13 were recommitted to the Special Judiciary Committee.
By unanimous consent Senate Bills Nos. 39 and 119 were taken from the table and placed on the Calendar.
By unanimous consent the following resolutions were read, to-wit:

By Mr. Vinson, of Baldwin-
A resolution to make House Bill No. 16 a special order for Friday, July 8, 1910.
Referred to Committee on Rules.

By Mr. Littleton, of Richmond-
A resolution providing for the printing of 200 copies of House Bill No. 221.
Adopted.

By Mr. Reid, of Campbell-
A bill to appropriate $5,000 to the Trustees of the State College of Agriculture.
Referred to Committee on Appropriations.

THURSDAY, JUNE '30, 1910.

219

Mr. Keith, Chairman of the Committee on Public Property, submitted the following report:
The Committee on Public Property, to whom was reported the communi~ations heretofore submitted to 'the House in respect to certain charges of improper conduct ~pon the part of the Keeper of Public Buildings and Grounds, beg to report that the attached resolution has been adopted by the Committee, and they instruct me as their Chairman to .report the same with the recommendation that it do pass.
G. J. KEITH, Chairman.

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

Mr. 8 peaker:

Your Committee on GeneraLJudiciary 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 not pass, to-wit:
A bill to separate all pleas of idiocy, lunacy, and insanity in criminal trials in this State..
A bill to require clerks of Superior, county, and city or criminal courts to make quarterly statements to Attorney-General.

220

JouRNAL OI<' THE HousE.

A bill to provide that all pertinent recitals of factsin deeds shall be prima facie evidence of_ the truth of the fact or facts, etc.
A bill to make it unlawful to play cards at any house or on land of another without owner's consent.
A bill to amend Section 220, Penal Code, 1895, relating to wilfull trespass.
Also the following bill of the House with the recommendation that same do pass, to-wit:
A bill to provide that larceny after trust for amounts less than $~0.00 shall be a misdemeanor.
Also the following bill of the House with the recomme_ndation that same be withdrawn by the author.
A bill to create a lien in favor of launderers.
Respectfully submitted,
J. H. HALL, Chairman.

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

By Mr. Anderson, of Chatham-
A resolution providing that the Committee on Public Property be empowered to employ a stenog-

THURSDAY, JUNE 30, 1910.

2~1

rapher, appoint a Sergeant-at-Arms, compel the attendance of witnesses, etc., in 'its investigation of charges preferred against the Keeper of Public Buildings and Grounds.
The report of the Committee appointed to visit the St&te Sanitarium at Milledgeville during last vacation submitted a report of their findings which was referred to the Committee on State Sanitarium.
By unanimous consent the following resolution was read the second time, to-wit :

By Mr. Moore, of Columbia-
A resolution to pay pension to Mts. R. A. Lynn.
Mr. Macintyre, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. 8 peaker:
Your Committee on Counties and County Matters after due consideration, report as to the following bills, to-wit:
That House Bill No. 727 do pass.
House Bill No. 747 do pass.

!222

JOURNAL DF THE HousE.

House Bill No. 758 do pass.
All local bills. Respectfully submitted, 1\lAclNTYRE, Chairman.
The following message was received from the , Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed hy a requisite Constitutional majority, the following House bill, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for Clayton county.
On motion of Mr. Reid, of Campbell, the Governor's message received on yesterday was read and referred to the Commitee on Ways and Means.
The following resolution was read und referred to the Committee on Rules, to-wit:
The following resolution was read and referred to the Committee on Rules, to-wit:
By Mr. Wohlwender, of Muscogee-
A resolution to ma~e Senate Bill No. 119 the special order for Tuesday, July 5.

THURSDAY, JUNE 30, 1910.

223

Under the head of unfinished business the following bill which was read the second time and recommitted on July 15, 1909, was again taken up for the purpose of agreeing to the unfavorable report of the Committee, to-wit:
By Messrs. Johnson, of Bartow, and Alexander, of DeKalb-

A bill to amend Article 7, Section 2, Paragraph 2, of the Constitution which relates to the power of the General Assembly to exempt certain property from taxation.
Mr. Edwards, of Walton, called the previous question, which call was sustained and the main question ordered.
On the question of agreeing to the unfavorable report of the Committee the ayes and nays were ordere9 and on taking the ballot viva vo~e the vote was as follows:

Those voting in the affirmative were Messrs:

"\lexander of Fulton Boyd

Alley

Brown of Carroll

Anderson of Chatham Butt

Armistead

Buxton

Atherton

Cannon

,\ tkinson

Carswell

Barksdale

Carter

Bailey

Chilcls

Bell

Con versa

Berry '

Davis

Edmondson Evan3 l'ullbright Garlington Gastley Godley Hall Hardman ::Jf Jacl,sou Heard Henderson of Irwin

224

JouRNAL oF THE HousE.

Holder of Floyd

McElreath

Reestt

Holtzclaw

McMahan

Reid of Macon

Johnson of Jeff Davis McMichael of Mal'ion Smith of Walton

.Tnhnson of Towns McWhorter

Strong

Jones of Mitchell

Parker of Talbot

Stubbs of Putnam

Lawrence

PPrsons

Tuggle

Moore MacF'arland

Pie rca Portet

"'ohlwender Wright of Floyd

McCarthy

Proctor

Those voting in the negative were Messrs.:

Adams Alexander of DeKalb Allen AuH Bake Barrett Booker Brown of Henry Brown of Murray Cal beck Chandler Cordell Couch Cowan Cureton Daniel Dickson Drawdy Edwards Elder Ellison English Ji'aircloth Fender Pield of DeKalb l<'ord Gillis Graddiek Griffin of Twiggs Guyton Hanington

Harvey

Paulk

Hatfield

Peacock

Helms

Pop a

Henderson of Turner Prioo

Hendricks

Reave~

Hill

Heid of Campbell

Howell

Rogers

Hubbard

Rosse1

Hullender

Sheppard

Huie

Shirley

Johnson of Bartow Simpson

.Joiner

Slade

.Tones of Laurens

Smith of Gilmer

Kith

Smith of Tattnall

Kelley

Stovall

Kendrick

'l'arvet

Kennedy

- Tippins

Kidd

'l'urner

Kirby

'furnipseed

Lewi.1

Upshaw

Lord

Waddell

Miller of Ware

Walten

Milikin

Wasden

Mitchell

Watkin~

Macintyre

White of Screven

McConnell

Whiteley

McCrory

Wight of Grany

McCurry

Williarill

McCutchen

Wood

McMichael of Butts

Parker of Dcatur

THURSDAY, JUNE 30, 1910.

225

Those not voting were Messrs. :

Anderson of Bullock Jones of Meriwether

Bagley

Kicklighter

Beacham

Littleton

,Brinson of Decatur Lovejoy

Brinson of Emanuel Martin

Brown pf Fulton

Meadows of Telfair

Bur<;J

Meadows of Toombs

Cooke

Middlebrooks

Culberson

Miller of Calhoun

Ellis

:Minte1

Fields of Crisp

Mos1

Griffin. of Sumter

McArthur

Hardeman of Jeffs'n Olive1

Pickett Redding Rentz Roberts Simmons Stubbs of Thomas 'l'racey Vinson Woodlifl wright of Stewart M;, Speaker

The ;on call was verified and on counting the votes cast it was found that the ayes were 56, nays, 91. The report of the Committee was therefore disagreed to.

Mr. Alexander, of DeKalb, moved to adjourn on which motion Mr., Hall, of Bibb, called for the ayes and nays. The call was sustained and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander of DeKalb Allen Anderson of Bullock Armistead Berry Brown of Henry Brown of Murray Buxton

Calbeck Cannon Chandler Converso Cordell Couch Cowan Cureton Daniel

Dickson Drawdy :Edwards Elder Bllison English Faircloth .Fender
Fiel<l of t.. Kalb

h-8 .

226

JOURNAL oF THE HousE.

Ford Gillis t-riffin of Twiggs Hatfield Helms Henderson of Turner Hendricks Hill Howell Hubbard Hullender .Johnson of Bartow .Johnson of Towns .Joiner .Tones of Laurens Jones of Mitchell Keith Kelley Kendrick

Kennedy

Hoger~

Kidd

Sheppard

Lord

Shirley

Martin

~mith of Gilmer

Miller of Ware

!"'mith of Tattnall

:Milikin

Siovall

Macintyre

'l'ippins

McArthur

'l'urner

McConnell

'l'l:rnipseed

McCrory

l;pshaw

McCurry

Waddell

McCutchen

Walten

McMichael_of Marion Wasden

Parker of Decatur White of Screven

Peacock

Whiteley

Pope

Wight of Grady

Prioo

\l'illiaml

Reid of Campbell

Roberts

Those voting in the negative were Messrs.:

Alexander of Fulton Evans

lViooro

Alley

Fullbright

Mos1

Anderson of Chatham Garlington

MacFarland

Atherton

Gastley

:McCarthy

Atkinson

Godley

McElreath

Ault

Graddick

McMahan

Barksdale

. Guyton

McMichael of Butts

Bailey

Hall

McWhorter

Bake: Barrett

II ardman of .Jackson Parker of TalbQt

Harrington

Paulk

Bell Booker

Harvey Heard

Persons Pierco

Boyd Brown of Carroll

'Henderson of Irwin Porte:

Holder of Floyd

Procto1

Butt Carswell Carter

Holtzclaw

Reaves

.Johnson of Jeff Davis Reeso

Kirby

R.eid of Macon

Childs

Lewi1

Rosse:

Davis

Miller of Calhoun Simpson

F.dmondson 1

Mitchell

Slade

THURSDAY, JUNE 30, 1910.

227

Smith of Walton Strong Stubbs of Putnam 'l'arver

'l'uggle
V{atkin~
.Wohlwender

Woorl Woodlif..: Wright of }'loyd

Those not voting were Messrs. :

Bagley Beacham Brinson of Decatur Brinson of Emanuel Brown of Fulton Burch Cooke Culberson EIJis Fields of Crisp (; riffin of Sumter

Hardeman of Jeffs 'n Huie .Tones of Meriwether Kicklight}l' L a w r e n co Littleton Lovejoy Meadows of Telfair Mead<>ws of Toombs Middlebrooks Minte:

Olive: Pickett Redding Rent:r. Simmons Stubbs of Thomas 'l"racey Vinson Wright of Stewar.t M:. Speaker

The roll call was verified and on counting the votes cast it .was found that the ayes were 82, nays, 70.
The motion to adjourn therefore prevailed.

The following communication from Mr. Wright, of Floyd, was read and the request granted, to-wit:

Mr. Speaker:

I desire to he permitted to resign the Chairman~?hip of the Committee on Insurance, on account of business connections formed since the last session of the Legislature.
Yours very truly,

June 30, 1910. Granted.

PERRY vINSON.

228

JOURNAL oF THE HousE.

The Speaker then announced the appointment of Mr. Chandler, of Franklin, as Chairman of the Com. mittee on Insurance, vice Mr. Wright, resigned.

Leave of absence was granted Messrs. Buxton, of Burke; Alley; Butt, of Fannin.

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

FRIDAY, JULY 1, 1910.

229

ATLANTA, GEORGIA,
FRIDAY, July 1st, 1910.
The House met pursuant to adjournment at 10 o'clock a. m., this day, was. calltld to order by the Speaker and opened with prayer by Rev. J. J. Bennett, Chaplain.
By unanimous consent the call of the roll and the reading of the Journal of yesterday's proceedings were dispensed with.
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 that when the General As-sembly .adjourns today it stands adjourned until Tuesday, July 5, 1910, at 10 o'clock a. m.
The following message was received from the Senate through Mr. Northen, Secr~tary thereof:

230

JOURNAL OF THE HoUSE.

Mr. Speaker:
The Senate has passed, as amended, by a requisite Constitutional majority, the following bill of the House, to-wit:
A bill to fix the salaries of the judges of the Court of Appeals, and for other purposes.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following Senate bills, to-wit:
A bill to make it unlawful to engage in prize fighting in this State.
Also
A bill to regulate the grant of new trials.
Also
A bill to incorporate the town of Uvalda, in the county of Montgomery.
By unanimous consent the following House bill was taken up for the purpose of agreeing to the Senate amendments, to-wit:

FRIDAY, JULY 1, 1910.

231

By Mr. McMahan, of Clarke-

A bill to put into force an amendment to the Constitution providing for the payment of pensions to the widows of ex-Confederate soldiers.
The Senate proposed the following amendments which were concurred in, to-wit:

To amend Sectiron 1 at end of line 12, after word "State" and before word "of" in line 13, by adding the following words: "On 4th day of November, 1908, the total value of whose property" also

To amend Section 3, by striking words ''of all the property of" in line 3, Section 3, also

To amend Section 5, by striking word ''and'' in line 17, and inserting in lieu thereof the words "of the'' also

To amend Section 12 by substituting for the figures "1910" in line 4, the figures "1911," also

To amend Section 4, by striking all words between words "evidence" and "of" in lines 4 and 6.

Mr. Fullbright, Chairman of Special Judiciary Committee, submitted the following report:

232

JOURNAL oF THE HousE.

llfr. Speaker:

July 1st, 1910.

Your Committee on Special Judiciary has had under consideration the following bills of the House find instr.uct me as their Chairman to report the same back with following recommendations:

House Bill No. 710-To amend an Act providing for an ordinary pro hac in certain cases. Do pass.

House Bill No. 712-To amend Code, Section 2776. Do pass as amended.

House Bill No. 715-To amend Code, Section 5182.. Do pass.

House Bill No. 769-To amend Act establishing City Court of Waycross. Do pass.

House Bill No. 789-To authorize the sale of certain "Commons" of the City of Columbus. Do pass.

House Bill No. 830-To increase the number of terms of Superior Court of Whitfield county. Do pass.
House Bill No. 820-To amend Charter of City of Atlanta. Do pass as amended.
Respe<'tfully submitted,

FuLLBRIGHT, Chairman.

FRIDAY, JuLY 1, 1910.

233

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations have had under consideration certain bills of the House and instruct me as their Chairman to report the same back with the following recommendations:
House Bill No. 620~Do not pass. House Bill No. 817-Do pass. House Bill No. 732-Do pass. House Bill No. 748-Do pass. House Bill No. 746--Do pass. House Bill No. 744-Do pass. House Bill No. 745-Do pass. House Bill No. 784-Do pass. House Bill No. 718-Do pass. House Bill No. 719-Do pass., House Bill No. 776-Do pass.
BuTT, Chairman.

234

JouRNAL oF THE HousE.

Mr. Jones, of Meriwether, Chairman of Commit-tee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following bills of the House and instructed as their Chairman to report same back to the House with the recommendation that same do pass, to-wit:
A bill to appropriate $15,000.00 to erect heating plant at University of Georgia.
A bill to establish Legislative Reference Bureau.
Also the following bill of the House with the recommendation that same do pass by substitute, towit:
A bill to appropriate $2,500.00 for monument to J os. E. Johnston.
Also the following bills of the House with the recommendation that same do pass as amended:
A bill to appropriate money for completion of State Sanitarium for treatment of tuberculgsis.
A bill to appropriate $15,000.00 for a building on campus of North Georgia Agricultural College.
Respectfully submitted,
W. R. JoNEs, Chairman.

FRIDAY, JuLY 1, 1910.

235

Mr. Heard, of Dooly, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Banks and Banking having had under consideration House Bill 795, do pass; 788, do pass; 773, do pass as amended.
HEARD, Chairman.

-On motion of Mr. Hall, of Bibb, the session this morning was extended for 30 minutes for the granting of unanimous consents.
The following resolution was read and referred to the Committee on Rules, to-wit:

By Mr. Adams, of Hall-
A resolution to make House Bill No. 722 a special order for July 8, 1910.
The following Senate resolution was read and concurred in, to-wit:

By Mr. Stevens, of 30th district-
A resolution providing that when the General Assembly adjourn today it stand adjourned until 10 o'clock Tuesday morning, July 5, 1910.

236

JouRNAL OF THE HousE.

The following communication from the Daughters of the American Revolution was read:

The Daughters of the American Revolution extend to the members of the Legislature, a most cordial invitation to attend the Fourth of July exercises, which will be held at St. Philips Cathedral, corner Washington and Hunter Sts., on Monday at eleven o'clock, a. m.

Under the head of unfinished business the following bill was taken up for the purpose of agreeing -or disagreeing to the unf~'tvorable report of the Committee, to-wit:

By Messrs. Johnson, of Bartow, and Alexander, of DeKalb-
A bill to amend Article 7, Section 2, Paragraph 2, of the Constitution which relates to the power of the General Assembly to exempt certain property from taxation.
Mr. Tuggle, of Troup, called the previous question which call was sustained.
Mr. Johnson, of Bartow, moved to table the bill and on that motion Mr. Hall, of Bibb, called for tlie ayes and nays which call was sustained and the vote was as follows:

FRIDAY, JuLY 1, 1910.

237

Those voting in the affirmative were Messrs.:

Adams Alexander of Fulton Allen Bake: Barrett Brown of Fulton Brown of Henry Calbeck Chandler Cordell Cowan Daniel Davis Dickson Drawdy Elder English Paircloth Field of DeKalb Ford Graddick Griffin of Twiggs Guyton Hardeman of Jeffs 'n Harrington

Harvey Hatfield Henderson of Turner Hendricks Hill Hullender Huie Johnson of Bartow .Joiner Jones of Laurens Kelley Kendrick Kennedy Kirby Lewi1 Littleton Lord Martin Meadows of Telfair Meadows of Toombs Miller of Ware Milikin Most McConnell McCrory

McCurry McCutchen McElreath licMichael of Butts McMichael of Marion
McWhorte~
Parker of Decatur Pop a Prieo Reaves Heid of Campbell Rogerl Sheppard Shirley Smith of Gilmer bmith of Tatnall Stovall 'fippins Tracey 'furner lipshaw Walter1 Whiteley Wight of Grady

Those voting in the negative were Messrs.:

Alexander of DeKalb Burch

Anderson of Chatham Cannon.

Armistead

Carswell

Atherton

Carter

Atkinso"

Childs

AuU

Con versa

Barksdale

Cureton

Bell

Edmondson

Booker

Ellis

Boyd

Evans

Brown of Carroll

Fields of Crisp

Brown of Murray J<'ullbright

Gastley Godley Hall Hardman of ;tarkson Heard Helms Holder of Floyd Howell .Johnson of Jeff Davis J.ohnson of Towns Kdth Kidd

238

JouRNAL OF THE HousE.

Lovejoy Mitchell Mooro MacFarland Macintyre McArthur McMahan Parker of Talbot Paulk Person9

Pickett Pierco
Porte~
Reeso Reid of Macou
Robert~
Simpson Slade Smith of Walton Stubbs of Putnam

'l'arve: 'l'ugglo Turnipseed Vinson Wasden Watkim Wohlwender Woorl Woodliff wright of Floyd

Those not voting were Messrs. :

Alley Anderson of Bullock Bagley Bailey Beacham Berry Brinson of Decatur Brinson of Emanuel Butt Buxton Cooko Couch Culberson Edwards Ellison

l''ender Garlington Gillis (; riffin of Sumter Henderson of Irwin Holtzclaw Hubbard Jones of Meriwether Jones of Mitchell Kicklightl'r Lawrenco Middlebrooks Miller of Calhoun 1\Iinte: McCarthy

Olive~
Peacock Proeto; Redding Rentz Rosser Simmonf; Stronl! Stubbs of Thomas Waddell White of Screven William I \\'right of Stewart M:. Speaker

The roll call was verified and on counting the vote it was found that the ayes were 74; nays, 66. The motion to table was therefore carried.

By unanimous consent House Bill No. 7 was taken from the table and placed on the Calendar.

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

FRIDAY, JuLY 1, 1910.

23~)

By Messrs. Brown, McElreath and Alexander, of Fulton-
A bill to amend an Act providing for the acceptance of the Soldiers' Home so that two years' residence in this State will entitle to admission therein.
Referred to Committee on Pensions.

By Messrs. Btown, McElreath and Alexander, of Fulton-
A bill to amend th~ General Appropriation Act for 1910 and 1911, so as to provide for the quarterly payment of the appropriation made for support of Soldiers' Home.
Referred to Committee on Appropriations.

By Mr. MeWhorter, of Greene-
A bill to amend an Act to more thoroughly carry into effect an Act to prevent the adulteration of foods, etc.
Referred to Cor:-:nittee on General Agriculture.

By Messrs. Smith, of Gilmer, and Brown, of Murray-
A resolution in relation to the case of the State of Georgia vs. Tennessee Copper Co.
Referred to Committee on General Judiciary.

240

JOURNAL OF THE HOUSE.

By Messrs. Slade and Wohlwender, of Muscogee-

A bill to vest in the City of Columbus title to certain land now used for streets.
R-eferred to Committee on General Judiciary.

By Mr. Hall, of Bibb-
A bill to provide for a method of assessing and collecting certain taxes.
Referred to Committee on ways and Means.

By Mr. Hardman, of Jackson-
A bill to amend an Act to regulate the sale of narcotic drugs, etc.
Referred to Committee pn Temperance.

By Mr. Lawrence, of Chatham-
A bill to amend an Act to authorize the Mayor and Council of Savannah to require the paving and drainage of streets.
Referred to Committee on Corporations.

FRIDAY, JULY 1, 1910.

241'

By Mr. Lawrence, of Chatham-
A bill to amend Section 194, Volume 3, of the Code.
Referred to Committee on General Judiciary.
By Mr; Lawrence, of Chatham-
A bill to authorize the Mayor and Aldermen of Savannah to provide for registration of voters prior to election for bonds.
Referred to Committee on Corporations.
By Mr.. Harrington, of Liberty-
A bill to authorize the Governor to designate an additional State depository in the town of Ludowici.
Referred to Committee on Banks and Banking.
By Mr. Harrington, of Liberty-
A bill to exempt minors from road duty.. Referred to Committee on Roads and Bridges.
By Mr. Upshaw, of Douglas-
A bill to .amend an Act to provide for the future employment of convicts.
RJferred to Committee on Penitentiary.

:242

JouRNAL oF THE HousE.

By .Mr. Daniell, of CobbA bill to make it unlawful to bet on elections. Referred to Committee on Special Judiciary.

By .Mr. Armistead, of Oglethorpe-
A resolution to make appropriation for the erection of a monument to Wm. H. Crawford.
Referred to Committee on Appropriations.

By .Mr. Pickett, of Terrell-
A bill to regulate the deposit required of Insurance Companies.
Referred to Committee on General Judiciary.

By .Mr. Wright, of Floyd-
A resolution to fix House Bill No. 122 the special order for Thursday, July 7..
Referred to Committee on Rules.
On motion of .Mr. Anderson, of Chatham, 200 copies of House Bill No. 74 were ordered printed for the use of the House.

FRIDAY, JULY 1, 1910.

243

The following bill which was the special order for this time was taken up and put upon its passage, to-wit:

By Messrs. Tippins, of Appling; Boyd, of Spalding; Mcintyre, of Thomas; McMichael, of Marion-
A bill to regulate the running of automobiles on the public highways of this State, etc.
. The Committee proposed a substitute which was
read.
The previous question was called and the main question ordered.
The following amendments to the substitute were adopted, to-wit:
To amend the caption by inserting ''or persons
\
under 16 years of age.''
To amend Section 1, by striking figures "1909'' and insert '' 1910.''
To amend Section 5, line 6, by adding after word ''highways" the words "and railroad crossings."
To amend Section 11, by adding after word "shall" and before the word "unreasonably" in line 3 the following: ''Throw glass, nails, tacks, or other

244

JOURNAL OF THE. HoUSE.

obstruction upon the public highways used and traversed by automobiles or."
To amend Section 9, line 2, by inserting after word "intoxicated" and before word "at the time" the words or under the age of sixteen years.
To amend Section 11, by striking all after word ''State" in line 7 and insert the following: "Maliciously and without reasonable cause for so doing."
To amend by striking Section 14 and inserting the following: "Section 14. Be it further enacted by the authority aforesaid that of the two dollars to be paid for the certificate a sufficient amount thereof shall be used in providing the certificate and the remainder thereof shall be paid into the State Treasury."
To amend Section lS, by ad~ing the following:
''Provided, That a stay of thirty days in this State by any person herein described shall make such person liable to the fee as fixed in Section 2 of this Act.''
The report of the Committee which was favorable to the passage of the bill by substitute was agreed to as amended.
On the passage of the bill the ayes were 123, nays 4.
The bill having received the requisite constitutional majority was passed by substitute as amended.

FRIDAY, JuLY 1, 1910.

245

By unanimous consent the following Senate Bills were read the first time, to-wit:
By Mr. King, of 14th District-
A bill to require State Librarian to furnish Acts of General Assembly and Reports of .Supreme and Appellate Courts to new counties.
Referred to Committee on Library.

By Mr. Matthews, of 23rd District-
A bill to provide for exchange of State Documents between Georgia and other States.
Referred to Committee on Library.

By :Mr. Matthews, of 23rd District-

A bill to prohibit prize fighting. Referred to Committee on General Judiciary.

By Mr. Longley, of 37th DistrictA bill to define the rights of Orphans Homes, etc. Referred to Committee on General Judiciary.

246

JouRNAL oF THE HousE.

By Mr. Slaton, of 35th DistrictA bill to regulate the running of automobiles. Referred to Committee on Roads and BridgeR.

By Mr. Slaton, of 35th DistrictA bill to regulate the grant of new trials. Referred to Committee on General ,Judiciary.

By Mr. CaHoway, of 29th District-
A bill to amend an Act to create the City Court of Washington.
Referred to Committee on Special Judiciary.

By Mr. Calhoun, of 15th DistrictA bill to incorporate the town of Uvalda. Referred to Committee on Corporations.

By Mr. Irwin, of 11th District-
A bill to require Ordinaries and County Commissioners to pay costs to officers.
Referred to Committee on Counties and County Matters.

FRIDAY, JULY 1, 1910.

247

By Mr. Burwell, of 20th District-
A bill to amend an Act prescribing the oath of office that members of the Railroad Commission have to subscribe to.
Referred to Committee on Railroads.

By Mr. Gordy, of 24th District-
A bill to make a wife or husband competent wit. nesses i.n cases of bigamy.
Referred to Committee on General Judiciary.

By Mr. Womble, of 25th District-
A bill to regulate and limit mortgage fi fas to seven years.
~eferred to Committee on General Judiciay.

The following bills were read the first time, to-wit:

By Mr Hall, of Bibb -
A bill to provid~ for succession of the Governor of this State.
Referred to Committee on Constitutional Amend-
ments.

248

JOURNAL OF THE HousE.

By Messrs. Brown, McElreath and Alexander,. of Fulton-
A resolution to pay pension to A. V. Toole.
Referred to Committee on Pensions.

By Mr. Middlebrooks, of Newton-

A bill to prescribe the manner in which pistols
may be carried.
.
Referred to Committee on General Judiciary.

By Mr. Wright, of Floyd-

A bill to prohibit the drinking of. liquors on trains, street cars, etc.
Referred to Committee on Temperance.

By Mr. Davis, of Dougherty-
A resolution to appoint a joint committee to consider the advisability of erecting a building in which the state museum may be located, etc.
Adopted.

FRIDAY, JuLY 1, 1910.

249

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

A resolution to make House Bill 137 the special order for July 8.

Referred to Committee on Rules.

The following bills were read the second time:

By Mr. Turnipseed, of ClayA bill to create a Bond Commissio~ for the city of
Fort Gaines.
Hy Mr.. Turnipseed, of Clay- .
A bill to provide a system of registration for the city of Fort Gaines.
Referred to Committee on Special Judiciary.

By Mr. Macintyre, of Thomas-
A bill to fix the fees to be paid by Fire and Storm Insurance Companies.

250

JOURNAL oF THE HousE.

By Messrs. Tuggle, of Troup, Ault, of Polk and McCutchen, of Heard~
A bill to amend an Act to create a Prison Commission for the State of Georgia.
The above bill was recommitted to Penitentiary Committee.

By unanimous consent House Bill No. 222 was taken from the table and placed on the Calendar, _

Mr. Anderson, Vice-Chairman of the Committee on Rules submitted the following report:

Mr. Speaker:

JULY 1sT, 1910.

Your Committe-e on Rules to which were referred va.rious resolutions beg leave to report as follows:

(1) House Resolution No. 175. Fixing a Special Order for the Resolution of Congress proposing a 16th Amendment to the Constitution of the United States. Your Committee recommends that this resolution do pass as amended.

(2) House Resolution No. 180. Fixing a Special Order for House Bill No. 221, known as the Compulsory Education Bill. Your Committee recommends that this resolution do pass as amended.

FRIDAY, JULY 1, 1910.

251

(3) House Resolution No. 181. Fixing a Special Order for House Bill No. 74 to increase the Number of Senatorial Districts, etc. Your Committee recommends that this resolution do pass.
Respectfully submitted,
J. RANDOLPH ANDERSON,
Vice-Chairman Committee on Rules.

Mr. Speaker:
Your Committee on Rules have had under consideration House Resolution 196 and instruct me as their Chairman to recommend same do pass as amended.
Respectfully,

ANDERSON,



Vice-Chairman.

Mr. MacFarland, Vice-Chairman of Committe on Enrollment submitted the following report:

llfr. Speaker:
Your Committee on Enrollment have examined and report as properly enrolled, duly signed and ready for delivery to the Governor, the following Act, to-wit:

252

JOURNAL OF THE HousE.

An Act to create a Board of Commissioners of Roads and Revenues for Clayton County and for other purposes.
Respectfully submitted,
MAcFARLAND,
Vice-Chairman.

Mr. Ault, Chairman of the Committee on Roads and Bridges submitted the following report:

The Committee on Roads and Bridges beg leave to submit the following report:

The Committee having had House Bill No. 397 under consideration report same with the recommendation that it do pass by substitute.

E. S. AuLT,

This July 1st, 1910.

Chairman.

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

TuEsDAY, JULY 5, 1910.

253

ATLANTA, GEORGIA,

TuESDAY, JULY 5, 1910.

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

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

Adams"

Burch

Alexander of Dd~.:11b Butt

Alexander of Fulton Bux,ton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Ander.son of Chatham Carter

Armistead

Chandler

Atherton

Childs

A~kinson

Convers:J

Auli

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Bake:

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Booker

Dtawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brin~on of Emanuel Elder

Brown of Carroll

lillis

Brown of Fulton

Ellison

Brown of Heury

English

Brown of Murmy Evans

l"aircloth Fender ' Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis fTOOdley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n Hardman of Ja~kson Harrington Harvey Hatfield Heard Helms lienderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd

~54

JOURNAL oF THE HousE.

Holtzclaw

MacFarland

Sheppard

Howell

Macintyre

Shirley

Hubbard

McArthur

Simmona

Hullender

McCarthy

Simpson

Huie

McConnell

Slade

Johnson of Bartow licCrory

Hmith of Gilmer

Johnson of Jeff Davis McCurry

Sm!th of Tattnall

Johnson of Towns McCutchen

Smith of Walton

Joiner

McElreath

Stovall

Jones of Laurens

McMahan

Strong

J'ones of Meriwether McMichael of Butts Stubbs of Putnam

Jones of Mitchell

?vlcMichael of Marion Stubbs of Thomas

Keith

1IcWhorter

Tarver

Kelley.

Oliver

'fippina

Kendrick

Parker of Decatur Tracey

Kennedy

Parker of Talbot

Tuggle

Kicklighter

Paulk

Turner

I<idd

Peacock

'j'urnipsecd

Kirby

PersonG

Upshaw

Lawrence

Pickett

Vinson

Lewi1

Pierce

Waddell

'Littleton

Pope

Walten

Lord

l'orte1

Wasden

Lovejoy

Price

Watkin:;

Martin

ProCtor

White of Screven

M~adows of Telfair R<.'aves

W'hiteley

Meadows of Toombs Redding

Wight of Grady

Middlebrooks

Reese

William!

Miller of Calhoun

Reid of Campbell

Wohlwender

Miller of Ware

Reid of Macon

Woo:1

Milikin

Rentz

\Voodlif:

Mitchell

RobertG

wright of Floyd

Moore

HogcrG

Wright of Stewart

Mos~

Rosse:

Ml'. Speakez

Mr. Minter was absent.
By unanimous consent the reading of the Journal of last Frida"y's proceedings was dispensed with.

TuESDAY, JULY 5, 1910.

255

Mr. Johnson, of Bartow, gave notice that at the proper time he would move to reconsider the action of the House in passing the Automobile Bill last Friday for the purpose of offering an amendment.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. Reid, of Campbell-
A bill to amend the charter of the town of Fairburn.
Referred to Committee on Corporations.

By Messrs. Brown, Alexander and McElreath, -:f Fulton-
A bill to amend an Act to create a new charter for the city of Atlanta.
Referred to Committee on Corporations.

By Mr.. Brown, of Carroll-

A bill County.

for

the

protection

of

game

in

Carroll

Referred to Committee on Game and Fish.

By Mr. McElreath, of FultonA bill to amellfl Section 1643, Volume 1, of the

256

JOURNAL OF THE HousE.

Code, exempting Confederate soldiers from peddlers license.

Referred to Committee on General Judiciary.

By Mr. McElreath, of Fulton-
A bill to make ench Saturday in certain cities a legal holiday.
Referred to Committee on Labor and Labor Statistics.

By Mr. Allen, of Upson-
A bill to repeal an Act to incorporate the town of Atwater.
Referred to Committee on Corporations.

By Mr. Brown, of Carroll
A bill to authorize the Trustees of the Fourth District Agricultural and Mechanical School to lease eertain lands.
Referred to Committee on University of Georgia.

TuESDAY, JuLY 5, 1910.

257

By Messrs. Brown, McElreath and Alexander, of Fulton-
A bill to repeal an Act to provide for the election of County School Commissioners hy the people.
Referred to Committee on Education.
By Messrs. Heard and Beacham, of Dooly-
A bill to amend the charter of the town of Unadi1la.
Referred to Committee on Corporations.
By Mr. Alexander, of DeKalb-
A bill to dispense with recording on Superior Court execution dockets of e-xecutions issuiu~ from other courts and for other purposes.
Referred to Committee on General Judiciary.
The following message was received from ~he Senate through Mr. Northen, Secretary thereof:
Mr. Speaker: The Senate has passed by a requisite constitu-
tional majority the following bills of the Senate, to-wit:
A bill to incorporate the town of Jasper, m the county of Pickens.
Also,

},_Q

258

JoURNAL oF THE HousE.

A bill to change tl~e time of holding the Superior Court of Hart County.
The Senate has passed by a requisite constitutional majority the following resolution of the House, to-wit:
A resolution to repay \V. C. Allen, Oil Inspector at Wrightsville $10.80 erroneously paid by him to the State of Georgia.
Mr. J o~nson, of Bartow, who had given previous notice, moved that the House reconsider its action in passing House Bill No.7, known as the" Automobile Bill," for the purpose of offering an amendment.

Mr. Edwards, of ~Walton, called the previous question which was sustained and the main question ordered.
On the motion to reconsider the ayes were 19, nays, 74; the motion was therefore lost.

ATLANTA, GA., JuLY 5, 1910.
The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blackburn:
1IJr. Speaker:
I am directed by His Excelleney, the Governor, to deliver to the General Assembly a communication in writing.

rfUESDAY, JULY 5, 1910.

259

STATE OF GEORGIA,

ExECUTIVE DEPARTMENT,

ATLANTA.

To the General Assembly:

July 5, 1910.

At the last session of your honorable bodies you passed a joint resolution (No. 31, Georgia Laws, 1909) authorizing and, under certain conditions, directing the Governor to purchase certain lands described in the resolution for use as terminal property, switch yards, etc., for the Western & Atlantic Railroad. These lands lie on the western side of the Western & Atlanti~ Railroad, beginning about three miles from the Union Depot in Chattanooga and ending about a half mile from Boyce Station. The resolution concluded with the following words:
"Ptovidled, however, that the Governor shall first examine and approve the matter and if, in his judgment, it is not to the best interest of the State, he may decline to make the purchase.''
By probably a narrow construction this proviso might be held as covering only the last piece of property named in the resolution, but, inasmuch as the other two are too short for the designated use, by necessity the proviso was intended to apply to the entire purchase referred to. This was intensified by the fact that the indications were quite clear that there would be no money in the Treasury which was not covered by appropriations for other uses. Under these conditions, I felt that some examination must be made of the lands in question and of the State's

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JOURNAL oF THE HousE.

financial condition before I determined whether or not I would exercise the discretion imposed on me by your honor.able bodies.
Had I been assured that the discretion with which I was clothed did not cover all the lands included in the proposition I would certainly have vetoed the resolution authorizing the purchase, inasmuch as there was not time enough from the date the resolution reached me until the end of the five days which followed your adjournment to enable me to have the lands examined. Not that I doubted your wisdom, but I could not conscientiously approve an extraordinary appropriation of this kind without first making careful investigation.
I had the examination of the lands and of the titles made after signing the Bill and before the options expired. The titles seemed to be all right, but to the lands I found radical objections for the purpose indicated. In the first place, they are in, what may be termed, a dip in the Western & Atlantic Railroad between Boyce Station and Chattanooga. In times of freshets the back water from the Tennessee River rises above the tracks. I was just below this point during the freshet in 1886 when, as an officer of the Western & Atlantic Railroad, I went with Supt. R. A. Anderson and Road Master M. H. Dooly to examine conditions existing during the high water. During that freshet the water covered the railroad tracks on all this property proposed to be purchased to a depth of from four to seven feet. This was shown by the drift in the trees adjoining the tracks after the flood subsided. Hence, if there had at that time been a railroad yard on this property the water would have

TuEHDAl:, JuLY 5, 1910.

261

been into every car standing upon it, doing damage to all property in those cars and ruining it in many cases. As these freshets may occur within any win- ter or spring it would be hazardous to property jf this land were purchased and used for switching yards and for storing cars.
But there is another serious objection to the lands in the proposed purchase. This consists in the fact that between the triangular portion, known as the Watkins property, and the broad rectangular portion, known as the Vinson property, other properties with houses upon them come down, leaving at
the northeastern end of the watkins property a
width of about two hundred feet, whereas there should be a width of no less than four hundred feet, or, really, six hundred feet, for all the uses as a railroad yard. Therefore, if the State had made the proposed purchase of this property it would have been compelled to have a portion of the land which cuts into the northeastern edge of the Watkins property. The owners of these properties might have held up the State for a larger sum of money than it gave for the 87 acres for which I was authorized to negotiate.
Another objection lay in the fact that a public highway, which is the extension of Pennock Avenue, runs along the entire eastern side of the Watkins property and then close to the Western & Atlantic Railroad along the entire length of the Vinson and Lattimore tracts. The State of Georgia would have had no right to close a public highway in Tennessee, or, in fact, to divert it from its established location, and this location absolutely separated the Western & Atlantic Railroad from practically all of the Vinson and Lattimore tracts. It can be readily seen,

262

JouRNAL m' TH.E HousE.

therefore, that the State of Georgia would have been taking all the risks in the question of closing or not closing, or removing the public highway in question.
Another radical objection to the lands in question consists in the fact that practically in their entirety they lie below the level of the track of the Western & Atlantic Railroad. On the Vinson property there is quite a watershed which drains the waters of rains through a culvert said to be twenty-three feet under the Western & Atlantic Railroad track. There is also another .culvert nearer Chattanooga probably fifteen feet or more under the railroad track. At the current prices for making embankments or otherwise filling in dirt the cost of preparing this property for a railroad yard would amount to upwards of $100,000. As the dirt could not be secured from the remainder of this property, which, as stated, is mostly below the level of the railroad track, the State would have to buy it from people and pay for hauling it to the property in question.
I have gone somewhat fully into detail in order to indicate to you several of the objections to the purchase of these properties, these objections being:
First. Liability to damage to all property in cars in times of overflow.
Secondly. The lack of necessary width at the junction of the Watkins property and the Vinson property, and the subsequent liability to pay an excessive price for the additional land needed.
Thirdly. The location through the Vinson and Lattimore properties of the public highway which is the extension of Pennock A venue.

TuEsDAY, JuLY 5, 1910.

263

Fourthly. The excessive cost for filling in the property to. make it available for use as a :milroad yard.
There is another objection in the fact that the City of Chattanooga is quite likely at no distant
time to annex tlie territory including the lands
which your resolution (No. 31) proposed to purchase. This would impose city taxes upon .these properties.
Besides the physical objections, etc., above described there was the question as to whether the Governor was authorized to make this purchase in view of the condition of the State's finances. This
point I submitted to the Attorney-General under
date of September 1st. To my letter he made response on September 2d. Copies of these two letters are herewith submitted. You will note that the Attorney-General closed his letter with the following words:
"In view of these conditions there is at present no money in the Treasury which can be lega1ly used for the purchase of the land in question."
There is another view which, as citizens of Georgia, and as servan.ts of the people, the members of your honorable bodies and I must hold in mind. This is the fact that upon us is placed the responsibility of protecting the State's great property, known as the Western & Atlantic Railroad, in its power to properly perform ~he functions of a common carrier, and, co-ordinately, to make our people secure in the exercise of the competitive forces of commerce.

:264

JouRNAL oF THE HousE.

In the conduct of its affairs it is of superlatiYe importance for a railroad to have the best and most advantageously located terminal properties in all the cities it reaches. It is a matter of common knowledge that the railroad systems within the past twenty years have been expending enormous sums of money in extending their lines to the business centers of the great cities of America. They have found that, in earning capacity, a mile thus acquired is worth more than twenty, or even fifty miles in the country. At present the Western & Atlantic Railroad penetrates the heart of Chattanooga. No railroad entering that city exceeds it in advantageous location of its terminal property. When we col).sider that Chattanooga is properly at the beginning of its growth, we are forced to the conclusion that the Western & Atlantic Railroad will in future years need every foot of land it now holds in that city for the proper conduct of its business.
Yet we have a proposition made to contract the area of its powers in the city of Chattanooga by allowing a large portion of its property to be alienated, or built up as warehouses, etc. If this proposition is a good one for the State of Georgia to adopt for its railroad in Chattanooga, it is equally as good for it to adopt in Atlanta, Dalton, Cartersville and other cities on its line, for property in Atlanta especially is worth more per front foot than is property in the Tennessee city named, and doubtless. would command a larger rental.
While this proposition is being made for the Western & Atlantic Railroad in Chattanooga, and, by like reasoning, would apply to Atlanta, we find the Southern Railway, the Central of Georgia Railway and the Georgia Railroad spending many hundreds

TuESDAY, JuLY 5, 1910.

265

of thousands of dollars extendiog and improving their terminal facilities in the city of Atlanta. The two first named railways have bought residence blocks and the like andtorn down expensive houses for the purpose of extending their yards into the heart of Atlanta. Thirty years ago the lines which now compose the Southern Railway had their depots in the outskirts of Atlanta, and the Western & Atlantic Railroad commanded the business of this city by reason of the fact that its tracks lay in the heart of the city. At present after the expenditure of vast sums of money, the Southern Railway is practica1ly as near to the heart of Atlanta _as is the Western & Atlantic Railroad and competes with it even handed. If, now, we are going to dismantle the Western & Atlantic Railroad in Chattanooga why should we not also dismantle it in Atlanta~ If we take steps to abdicate the advantage,-! might almost say the supremacy,-we have in location in Chattanooga, why should we not do so in Atlanta? If we are going to impair our ability to compete with rival roads in Chattanooga and go into the warehouse renting business in that city, why should we not .do the same thing in Atlanta, and open streets and build houses in our Georgia c~ty, as well as in the city we reach in our sister State In other words, if we are going to change the '\Vestern & Atlantic Railroad from being strictly a common carrier, and make it partly common carrier and partly renting agency, let us do it at all points instead of only in Chattanooga.
I feel quite sure that your honorable bodies, in passing the resolution in question did not really bold in mind the fact that in the preservation of the terminal properties in Chattanooga lies a great proportion of the power of the Western & Atlantic

266

JouRNAL oF THE HousE.

Railroad to perform the functions of a common carrier,-the fundamental principle to which we must adhere in our handling of it.
I have for many years been impressed by the transcendant importance of holding this great railroad property intact for uses as a common carrier, in view of the fact that Chattanooga will in course of time, and I now think within only a few years, become the key point for the fixing of rates affecting the entire State of Georgia in its interstate commerce relationships. This is by reason of the fact that, when the obstructions to navigation are removed, boats can run from Pittsburg, St. Louis, New Orleans, and other Mississippi Valley points to Chattanooga.
I have always held to the view that the State should never consider the question of selling the Western & Atlantic Railroad. Furthermore, in my opinion, no lease contract should ever be made for a longer period than thirty years, "for the State ought to take back the road at least one time in the life of each generation and adjust it to the then prevailing condi~ions of commerce and the like.
While the lands which your resolution (No. 31) contemplated purchasing are in my opinion, not suited for the purpose in question, and, while I seriously doubt the advisability of the State's taking any step indicating an intention of abandoning any of its available property in Chattanooga, yet should you still deem it for the best interest of the State to purchase additional lands for railroad terminals at Chattanooga, such as building or repair shops, etc., I have secured a proposition for the sale to the State of 234Y:.! acres of land through which the

TuEsDAY, JuLY 5, 1910.

267

Western & Atlantic Railroad runs, beginning about three-quarters of a mile eastward of Boyce Station. The price placed upon these 234112 acres of land is $58,500, whereas the price charged for the 87 acres described in your resolution is $69,000. The larger tract, for which I herewith enclose the proposition of Ron. H. Clay Evans, dated May 17, 1910, is designated as the Evans tract in the enclosed report of Mr. H. M. Smith, Civil Engineer, whom I h.ad to inspect this tract. His report is herewith enclosed, and the blue prints on file in the ~xecu tive Office describe and otherwise give a clear idea of the relative situation of this property. You will note in brief that it is composed of flat lands along the Chickamauga Creek, which gently rise toward the south in the direction of Missionary Ridge. There is an abundance of dirt for filling, and the hauls of this dirt for filling are very short. Chickamauga Creek, flowing through the Northern portion of the tract, gives the greatest abundance of water for all purposes needed for shops and the like, and near the eastern edge is a large spring of fine water which is said to flow 2,000,000 gallons daily. If access to the Tennessee River be needed the distance is only about a mile and a half down the level valley of Chickamauga Creek. The proposition for the tract is available for your acceptance until August 1st of this year.
The location of this property, upwards of a mile further from Chattanooga than the properties covered by your resolution (No. 31), is in no way a disability, even if used as a freight yard, inasmuch a!'l fully eighty per cent: of the business the Western & Atlantic Railroad handles in its Chattanooga yards moves southward.

268

JouRNAL oF THE HousE.

I would be greatly pleased if your honorable bodies would send a joint committee to examine the Evans tract and the properties described in your resolution (No. 31), and I shall be glad to have Mr. H. M. Smith to attend and make clear to you all the facts connected with the Evans tract.
I trust that it is needless for me to add further that no man more than I is in accord with the proposition to protect the Western & Atlantic Railroad in all of its legitimate powers as a common carrier, and to protect it in such manner as to perpetually enable it to secure for the people of t.his State the dominant exercise of competitive forces. I must
repeat my statement that i believe the State should
never entertain the proposition to sell this great property. I know that some of the residents in the counties through which the Western & Atlantic Railroad runs believe that it would be beneficial to them to sell the road, thereby giving them the power to tax it as they do other roads traversing their counties; but I feel sure that the protection of the power to have competition is of more far-reaching benefit to them as well as to the people in the other counties of this State than could be the amount of the yearly taxes they wpuld receive from the owners of the road if the State should sell it.
Respectfully submitted,
J O~EPH M. BROWN,
Governor.

TuEsDAY, JuLY 5, 1910.

269

Copy

September 1st, 1909.

RoN. JoHN C. HART, Attorney-General,

State CapitoL

DEAR Sm: The Legislature at its last session by resolution directed me as Governor upon the conditions therein named to pay $69,000 out of the Treasury for the purchase of some vacant ]an.J near Chattanooga in the State of Tennessee ''for increasing the facilities of the Western & Atlantic Railroad." The purpose of the purchase is to use this land as a switch yard should the State desire to do so at the termination of its present lease, ten years hence. I am anxious to comply with the instructions of the Legislature if there are any funds in the Treasury available for that purpose. My information is that there is at present in the Treasury the sum of approximately $160,000.

The Legislature of 1907-8 appropriated $2,250,000 for the common schools of this State for the year 1909. The State is short nearly $2,000,000 in meeting this appropriation. Under this statement of fact would I be, authorized to draw my warrant and would the Treasurer have authority to pay this $69,000 for the purchase of this vacant land which we may possibly need for railroad purposes ten years hence T
Yours very truly,

(Signed) JosEPH M. BRowN,

'.

Governor.

270

JouRNAL oF THE HousE.

Copy
Sept. 2d, 1909.
Governor Jos. M. BROWN,
State Capitol, Atlanta, Ga.
DEAR SIR: I beg to acknowledge your letter of the 1st inst. in which you ask if the m<;mey now in the Treasury of the State of Georgia is available, under the resolution of the General Assembly recently adj.ou1'ned, for the purchase of land lying outside of the city of Chattanooga, Tennessee, to be used as a switch yard in the future operation of the Western & Atlantic Railroad. You state in your letter there is at present in the Treasury approximately One Hundred and Sixty Thousand Dollars in meeting the appropriation made by the Legislature of 1907-8, for the support and maintenance of the common schools of the State for the year 1909.
The legal question involved is: May the Legislature of 1909 divert money which had been appropriated by the Legislature of 1908 and on the faith of the appropriation the school teachers of the State entered into contracts with the boards of education of the counties of the State and actually performed the service of teaching the children. af the State 1 The money now remaining in the Treasury was raised by a special tax levy for the support of the common schools of the State. See Acts of the General Assembly of Georgia 1907, p. 25. The teachers of the State have performed the service upon the faith of that promise that it would be paid them for their services. The teachers have executed their part of this contract and the State now owes them the money which it had pledged would be paid them.

TuESDAY, JuLY 5, 1910.

271

For a subsequent Legislature to divert the money and apply it to a diff~rent purpose from that for which it was :raised by taxation and pledged by the State, amounts substantially to the impairment of a contract, which is forbidden both by the Constitution of this State and of the United States.
I:ri view of these conditions th~re is at present no
money 'in the 'L'reasury which could l::gg1Jy be used for the purchase of the land in question.
I beg to remain,
Yours very truly,
JoHN C. HART,
Attorney-General.

Coptj
CHATTANOOGA, TENN., May 17, 1910.
To His Excellency,
JOSEPH M. BROWN'
Got:~:nor af Georgia.
Sm: I have the honor to hand you herewith a Blue-print of lands I own at Boyce Junction-the red lines conspicuously- indicate the out.side boundaries-and figures showing measurements. I have had the same carefully surveyed and within this boundary there are 234.45 acres.
You have here an abundance of high land to draw from to make any grade you see fit. You have an

272

JOURNAL oF THE HousE.

abundant supply of the very best water. There is sufficient lands for switch, transfer and storage yards, room for shops and on the higher grounds room for employees' quarters. There is no danger of any effort being made for additional roads, and the Harrison road crosses at right angles with no obstruction either way. You will note an angle of 9.66 A. (one angle being the starting point). I reserved this for the reason that parties are planning to build a road crossing over and above grade of your railway. This would take a very large per cent. of the travel that now goes over the Harrison road, although at most the travel there is light.
Another great advantage in this location for switch, transfer and storage yards, it is outside of the municipality. Within the very near future Sherman Heights, or East Chattanooga, as it is now called, up to Boyce Station will be taken into the municipality of Chattanooga.
Your railway runs through my property for considerable over a mile. The Cincinnati Southern have rights to some extents within the "Y," and they'were donated a right of way to the Harrison road, but it has never been used. They did, before I purchased (1886), lay a switch or track from that road to yours, but for some reason abandoned it and removed the track many years since.
Realizing that you ate familiar with this property, I think I need say nothing further as to its adaptability for the purpose, and susceptible of improvement at a very moderate expense.
My title is good, free and unencumbered. I will sell you this property, two hundred and thirty acres,

TuESDAY, JuLY 5, 1910.

273

more or less, for the sum of Fifty-Eight Thousand and Five Hundred Dollars ($58,500.00)-reserving or protecting my tenant for his crop now growing "for the crop season.
I submit this for your consideration, and if there be any points that you do not understand, and you will so advise me, I will come down at any time you may suggest.
Very respectfully,
(Signed) H. CLAY EvANs,
Trustee.
Copy
Description of a certain tract of land situated in Hamilton County, Tennessee, the property of H. Clay Evans, Trustee.
Beginning at a point in the half section line between the Northeast and Northwest quarters of Section one, Fractional Township two South, and Range four West, of the Basis line of the Oconee District, which point may be Jocated as follows,
Beginning at a stone monument, set for the center of said Section one. Said stone. monument is in the lane between the properties of Alexander and said Evans, and about 250 feet North 66 45" West from the center of the Western and Atlantic Railroad, is about.390 feet from the North end of the said railroad North 22 47" East 1,450 feet.
I
Th:.s is the point of beginning.
From said point of beginning run North 22o 47" East 1,120 feet, to a point in the Township line be-

!:!74

JouRNAL OF THE HousE.

tween said Fractional rrownship two South, and Fractional Township one South;
Thence with the Township line between said two Townships North 66 and 43" west, passing the Northwest corner of the Northwest quarter of said Section one at 2,615 feet, the Northwest corner of the Northeast quarter of Section two at 5,245 feet; in all 5,970 feet to a stone in said Township line 100 feet, Southeast of the center of the Cincinnati Southern Railway Company Track;
Thence South 23 48" \Vest 830 feet to a post in said right of way line, crossing the North Bank of Chickamauga Creek at about 150 feet, and the South bank of the same at about 320 feet;
Thence continuing with the said right of way line, of the Cincinnati Southern Railroad, South 25 West about 120 feet to a point in said line, where the 6 curve indicated upon the map, a part of this description, will intersect the said right of way line;
Thence with the line of the 6 curve indicated upon the map 1,645 feet to the point in the property line of the Cincinnati Southern Railroad indicate~ on the map as ''Station 3,330 06 P. C. 6 R."
Thence a line at right angles to the Western and Atlantic Railroad, crossing the, same, a distance of 166 feet to the point in the South line of the right of way of the Western and Atlantic Railroad;
Th~nce with said right of way line, South 78 and 31" West 1,878 feet to a stone in said right of way line near a Culvert and on the bank of a steep . hollow;

TuEsDAY, JuLY 5, 1910.

275

Thence South 39 and 1" East 80 feet to the half section line, between the Northwest and Southwest quarters of said Section two;
Thence South 65 and 23" East 785 feet to a stone, the center of said Section two;
Thence with the half section line between the Northeast and Northwest quarter of Section two, North 23 18" East 360 feet;
Thence South 65 and 23" East 1,325 feet;
Thence North 23 o and 6" East 400 feet;
Thence South 66 and 45" East 2,723 feet;
Thence North 83 and 39" East 1,396.6 to the beginning, containing 2"34.45 acres.
Being part of N. W. 1;4 Section 1 and part of N. E. & N. W. 1;4 Section 2. Fr. Tp. a. S. R. 4 W. of the Basis Line of the Oconee Dist.

CHATTANOOGA, TENN., May 24, 1910.
To His Excellency,
JOSEPH M. BROWN' Governor of Georgia, Atlanta, Georgia.
GovERNOR: I have the honor to acknowledge receipt of your letter of 20th inst., and in accordance with your request, I will make the proposition for

276

J OURNAI. OF THE HousE.

switch yards at Boyce, submitted to you on the 17th inst., good until August 1st, next.
Very respectfully, Your obedient servant, H. CLAY EvANs, Trustee. Copy
May 20th, 1910. HoN. H. CLAY EvANS,
Chattanooga, Tenn.
MY DEAR Sm: I have your favor of the 17th inst., which is quite satisfactory.
I assume that' the offer you make with all conclitions will be good until the matter can be handled. In other words until, say, about the first of August. Will you kindly advise me if you will let the proposition stand for consideration and acceptance if so desired until August 1sU
Very truly yours,
JOSEPH M. BROWN' "Governor of Georgia.
Copy. May 27, 1910.
HoN. H. CLAY EvANs, Chatt~nooga, Tenn.
MY DEAR Sm: I have your favor of May 24th, in which you are kind enough to make the proposition

TuESDAY, JuLY 5, 1910.

277

submitted to me on the 17th inst., good until August 1st, 1910.
With high regard, Very truly yours, JosEPH){; BROWN, Governor.

RoME, GEoRGIA, June 22, 1910.
His E.xcellency,
JosEPH M. BROWN, Governor,
Atlanta, Georgia.
DEAR Sm: I have the honor to report that I have carefully examined the Evans tract of land lying on and along the Western & Atlantic Railorad, beginning at a point 4,500 feet East or South of the Depot at Boyce's Station, and extending along said W. & A. Railroad, and on both sides thereof, for a distance of one and one quarter miles. Said tract contains 234y2 acres, according to the Survey.
I hand you herewith a blue .print, showing the shape and location of the tract-which is plainly indicated by red lines.
You will note that Chickamauga Creek lies within the tract, and extends along the entire Northern Border. This Creek is about 100 feet wide, and empties into the Tennessee River about 1:! miles from the Cincinnati Southern Railway bridge. Flood water from the Creek itself has but little effect on the property. It is the back water from the 'rennes-

278

JouRNAL oF THE HousE.

see River that overflows the lowest parts of the tract.
But the W. & A. tract is never reached, not even by the highest floods.
In general terms, the ground slopes gradually from the Harrison turnpike, whi~h lays along the slope of Missionary Ridge, toward and to Chickamauga Creek.

That part of the tract lying between the W. & A. road and the Creek is mostly rather low-so that the work of making a yard on this side would be more expensive than is justified by present conditions.

But the other part, lying west or south of the

W. & A. tract and toward the Harrison pike, is amply

high-somewhat rolling, and will require, of course,

some cutting and filling-but not an unreasonable

amount, at all.

..

There is no evidences of rock, and as far as can be told, the material to be excavated will be earth only-at a cost of say 20 cents per cubic yard. All the earth needed is immediately at hand, so that none will have to be hauled in.

As before stated, the tract is one and a quarter miles, or 6,600 feet, in length. The only street or road that crosses it is the Harrison pike, which crosses the railroad at grade, about four-tenths of a mile from the Southern or Eastern end of the property. If the necessity should arise, an overhead crossing can be made here at comparatively small expense, the yard tracks of course passing under the

TuESDAY, JuLY 5, 1910.

279

viaduct, which can he constructed of wood or such other material and in such way as will best fit the case. It is quite unlikely that any other road will ever cross the yard, unless it be an overhead cross ing at the extreme South or East end of the tract.

But such necessity would appear to be far in the future, as there seem to be sufficient ground between the Western end of the track and the pike crossing, to answer for a long time to come.

To show the comparative area of the property, please note on the blue print a strip, marked with yellow pencil, 250 feet wide and !,000 feet long, (about 23 acres) extending from near the Western end of the property to the Harrison pike. This strip alone will accomodate approximately 1,800 cars. Much of the other ground is also available, for tracks, shops, coal bins, and sundry uses, and there appears to be all the room needed for an indefinite time.
Those parts of the tract that lie nearest the ridge are well adapted for houses for the employees, and there is abundant room for a large number of men, and their families.

The water supply can be obtained from wells; or

from a large spring shown on map, about one-third

of a mile from the property. This spring is said

to flow two million gallons daily.

.

For locomotive purposes, Chickamauga Creek will furnish all that can possibly be needed, if the spring supply be not sufficient.
'
The property is well outside of the Chattanooga city limits, and is likely to remain so. Yet it is only about five miles from the center of the city. Boyce

280

JouRNAL OF THE HousE.

Station is within the four mile limit, and, as already stated, the property begins less than a mile from Boyce.

That part of the tract not needed for railroad purposes is available for rent for farming or other uses, that will produce fair revenue.

You will note that the Western end of the tract lies along the Cincinnati Southern Railroad-affording easy connection with that road:

I hand you also a map of the city of Chattanooga and vicinity-showing Boyce Station, and the ap-
aproximate location of the tract, in red. This gives clear idea of the relative situation of the property.

I beg to say that in my judgment this tract is by far the best that has been offered, and is well adapted to the uses intended. In fact, I do not know of any other tract that is nearly so desirable, and in my opinion the State will make no mistake in acquiring
this pr?perty.

I am,

Very respectfully,

(Signed) H. M. SMITH,

(Chief Engineer R. & N. R. R.)

Copy.

To His Exqcllency, JosEPH M. BRowN,

June 29th, 1910.

Governor of Georgia,

Atlanta, Ga.

Sm: Permit me to submit the following points in connection with the site offered by me for a switch and storage yard at Boyce on your line of Railway.

TuEsDAY, JuLY 5, 1910.

281

For a water supply for Locomotives and all general purposes the Chickamauga Creek affords an abundant supply. Your Mr. Smith raised the question as to a convenient supply for household purposes for employees. 'The manager of the City Water Company informs me that pipes extend to Arondale, Davis Hosiery Mills, Sherman Heights, Boyce Station ~nd to the Chattanooga Implements Works; the latter are located about 600 yards from Boyce Station and on West side of Cincinnati Southern Railway about opposite the "Y" on the blue print. So you 'see water for domestic purposes is within easy reach:
In going over the property recently with Mr. H. M. Smith, Civil Engineer, he agreed with me that th~ natural boundaries were most advantageous, viz: that the Ci:l_lCinnati Southern Railway with its deep borrow pits on each side prevented absolutely any approach from that western side, that Chickamauga Creek on the North edge formed a complete protection or barrier there and that the North end of Missionary Ridge protects the yards from that direction, and that you will have abundant yard room from U1e West to the present county road crossing for many years to come. You would also have a large territory for employees' houses, etc. And the grounds between the Railway (now) ,and Chickamauga Creek, until wanted for further purposes could be used for employees' truck gardens.
That you may remember and to explain the triangle of 966 acres cut off the Eastern corner, (as shown by the blue print) there is a plan being worked for a new road to go out across there (overhead). or above your road that would take a large per cent. of what travel there is now using the present Harrison road. (I cut this off so as to encourage that road).

282

JOURNAL oF THE HousE.

I am quite sure there is no rock to contend with in grading. In fact, I am told there is nothing there that could not be readily handled with a steam shovel.
The county is now building a roadway down across the field from Sherman Heights toward your road, where it crosses under the Southern Railway beyond Citico from here, and this side of Boyce Station. That territory will in the near future be invaded by roadways and also come within the city limits.
When Mr. Smith and I went over the property, having walked its full len'gth, and after gettiug to Boyce Station we saw a section gang working on the track1 so Mr. Smith proposed we walk to whC're q1ey were, some distance this side of Boyce Station, as he said the foreman was often a man of practical ideas.
Mr. Smith asked the foreman about high water points, etc. The foreman told him highest of waters were over the track between there and the overhead crossing of the Southern Railway and like yon had discovered no nearby dirt to fill. The foreman finaHy suggested to Mr. Smith that the fine place for extensive switch and storage yards was just around th~ curve, and that the cut would make the fiils (jud the property I am 'offering) neither of wh~c11 would be heavy. Mr. Smith asked him if he knew who owned it, he said he did not, but that he though!; a man by the name of Montague.
I told Mr. Smith it was his witness and evidently an impartial one.
Very respectfully,
Your obedient servant,
(Signed) H. CLAY EvANS.
Trustee.

rt'UESD~Y, JULY 5, 1910.

283

1'he following resolution was read, to-wit:
By Messrs. Tuggle and Lovejoy, of Troup-
A resolution to authorize the appointment of an additio~al doorkeeper for the gallery.
The resolution was lost.
By unanimous consent House Bill No. 404 was taken from the table and placed on the Calendar.
Mr. Hall, Chairman of Committee on General Judiciary, submitted the following report:

M.r. Speaker:
Your Committee on General .Judiciary 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 define the rights and power of an Attor-
ney-at-Law~
A bill to amend Section 574, Volume 1, Code 1895, relative to age of road duty.
Also the following bills of the House, with the recommendation that same do pass as amended, to-wit:

:284

,JouRNAL OF THE HousE.

A bill to regulate practice in posse~~sory warrant proceedings.
A bill to further regulate practice before appointed to hear causes in pursuance of existing laws.
A bill to prohibit betting on any election or primary.
Also the following bill of the House with the reeommendntion that same do pass by substitute, to-wit:
A bill to protect persons purchasing certain classes of property.
Also the following bills of the House with the recommendation that same do not pass, to-wit:
A hill to amend Section 4813, Code 1895, relative to rent contracts.
A bill to amend Section 4815, Code 1895, relative to rent contracts.
Respectfully submitted,
J. H. HALL,
Chairman.

Mr. Macintyre, Chairman Counties and County Matters, submitted the following report:

TuEsDAY, JuLY 5, 1910.

285

Mr. Speaker:
Your Committee on Counties and County Matters having considered the following bills, recommend that House Bill 805 be referred to Special Judiciary Committee.
That House Bills Nos. 733, 743, 808 and 813, all local bills, do pass.
MAciNTYRE,
Chairman.

Upon recommendation of the Committee on Counties and County Matters House Bill No. 805 was taken from that Committee and referred to the Special Judiciary Committee.
On motion of Mr. Tuggle, of Troup, the morning's session was extended for five minutes for the pur~ pose of reading bills a first time.
On motion of Mr. Alexander, of DeKalb, the Governor's Message, received this morning was taken up and read.
The following resolution was read, to-wit:

By Mr. Alexander, of DeKalb-
A resolution providing that the Governor's Message be referred to the Western & Atlantic Commit-

. 286

JOURNAL oF THE HomlE.

tee with instructions to report to the House all facts connected therewith, etc.
The resolution was referred to the \\!estern & Atlantic Railroad on motion of Mr. Alexander.
The following resolutions were read, towit:
By Mr. McMahan, of Clarke-
A resolution to make House Bill No. 69 the special order for Friday, July 8.
Referred to Committee on Rules.
By Mr. Baker, of Lumpkin-
A resolu)tion to make House Bill No. 8:29 the special order for Friday, July 8.
Referred to Committee on Rules.

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

.Mr. S pectker :
The Senate has concurred in the following resolution of the House, to-wit:
A resolution providing for the payment of the per diein and expenses of Standing and Special Commit-

TuESDAY, JuLY 5, 1910.

287

tees which were authorized at the 1909 session of the General Assembly, to set during the recess.
The following hills were read the third time and put upon their passage, to-wit:

By Messrs. Cureton, of Dade, Hullender, of Catoosa, Tarver, of -Whitfield-
A hill to amend Section 3828 of the Code of 1895, relative to recovery of wife and minor children in case 'of homicide of husband and parent.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the pa:;;sage of the bill the ayes were 96, nays 2.
The bill having received the requisite constitutional majority, was pas:;;ed.

By Mr. Brown, of Fulton-
A bill to regulate the practice of barbers and barher shops in this State, and for other purposes.
The following amendment was adopted, to-wit:

By Mr. Turnipseed, of Clny-
To amend by striking "1000" where the same oc(:Urs and insert '' 5000. ''

288.

JOURNAL oF THE HousE.

Mr Hall, of Bibb, moved that the bill be indefinitely postponed, which was lost.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 54, nays 57.
The bill having failed to receive the requisite constitutional majority, was lost.
By unanimous consent the session was extended . for fifteen minutes, or so much thereof as necessary, for the purpose of reading bills a fi.rst time.
By unanimous consent the session was further extended until House Bill 830 could be read a second time.

The following Senate Bill was taken up and put upon its passage, to-wit:

By Mr. Gordy, of 24th District.
A bill to amend an Act to amend the charter of the rity of Columbus.
Mr. Slade, of Muscogee, moved that the bill be recommitted to the Special Judiciary Committee, which motion prevailed.

TuEsDAY, JuLY 5, 1910.

289

Mr. Wholwender moved that the House reconsider its action in re-committing the bill and on that motion called for the ayes and nays, which call was sustained, and the vote was as follows :

Those voting in the affirmative were Messrs.:

Alexander of Fulton Harvey

l_'arker of Talbot

Alley

Heard

Pickett

Anderson of Chatham Henderson of Irwin J'orte:

Armistead

Henderson of Turner Pdc(j

Atkinson

Hill

Hedding

AuH

Howell

Reese

Barksdale

Hubbard

Reid of Campbell

Bake:

Hullender

Rentz

Beacham

.Johnson of Towns Roberts

Bell

.Joiner

Hoger~

Brown of Carroll

.Jones of Laurens

bheppard

Brown of Fulton

.Tones of Meriwether ~hirley

Brown of Murray Burch Butt

Kendrick Kicklighter Kirby

Sjmmona
~;mith of Gilmer 'farver

Cannon Couch Daniel Drawdy Elder Er!glish Faircloth

Lawrence Lovejoy Miller of Ware
1\:ios.l
Macintyre McArthur l\fcUrory

'l'ippins 'fracey 'I'ngglo lJpshaw Waddell Whiteley W:Ohlwen(lt.r

Jo'ield of DeKalb

IVicElreath

Woodlifl

l'ord

McMichael of Butts

Hardeman of Jeffs 'n McMichael of Marion

Those voting in the negative were Messrs.:

Alexander of DeKalb Allen Atherton Barrett Berry

Eooke~
Brinson of Deeattr Brown of Henry Carter Childs

Fullbright Gastley Goodley
a~addick
Guyton

h-10

290

JouRNAL oF THE HousE.

;[all
.rLttfield Helms Hnie .Johnson of Bartow 1'-idd Littleton Martin

Moorft McCarthy McConnell McMahan McWhorter OliYe: Park.er of Decatur Paull;;

Proctor Slade Smith of Tattnall StoYall ""alterl \Vasden
'\Vatkin~

Those not voting were Messrs. :

Adams Anderson of Bullock Bagley Bailey Boyd Briilson of Emanuel Buxton Calbeck Carswell Chandler Converso Cooke Cordell Cowan Culberson Cureton Davis Dickson Edmondson Edwards Ellis Ellison EYans Pender Fields of Crisp

Garlington

McCutchen

Gillis

Peacock

Griffin of Sumter

Persons

Griffin of Twiggs

Pierce

Hardman of Jackson l'op:~

Harrington

Reaves

Hendricks .

Reid of Macon

Holder of Floyd

Rosse<"

Holtzclaw

Simpson

.Johnson of Jeff Dayis Smith of Walton

Jones of Mitchell

Stron~:

Keith

Stubbs of Putnam

Kelley

Stubbs of Thomas

Kennedy

'Turner

Lewit

Turnipseed

Lord

Vinson

Meadows of Telfair White of ScreYen

Meadows of Toombs Wight of Grady

Middlebrooko

William!

Miller of Calhoun 'Voo:l

l\filikin

Wright of Floyd

Minte:

Wright Of Stewart

Mitchell

Mr. Speaker

MacFarland

}'icCurry

By unanimous consent the verification of the roll call was dispensed with and on counting the votes it was found that the ayes were 73, nays 38, the motion

TUESDAY, JULY 5, 1910.

291

therefore prevailed, and on motion of Mr. Wholwender the bill was then tabled.

The following resolution was read, to-wit:

By Mr. Wholwender, of Muscogee-
A resolution to make senate Bill No. 119 the spe- . cial continuing order for July 6 at 12 o'clock, m.
Referred to Committee on Rules.
On motion House Bills Nos. 63 and 66 and House Resolution No. 69 were tabled.
Mr. Hall, of Bibb, moved that when the House adjourn it meet again at 9 o'clock to-morrow morning which motion prevailed.
On motion of Mr. Anderson, of Chatham, the House adjourned and the business for which the session was extended was taken up. .
The following bills were read the first time, to~wit:

By.Mr. Alley, of White-
A bill to provide who shall be qualified to vote in stock law elections in certain ~ounties.
Referred to Committee on Counties and Cvunty Matters.

292

JOURNAL OF THE HousE.

By Mr. Alexander, of DeKalb-
A resolution directing the Governor to buy certain lands in Tennessee.
Referred to Committee on Western & Atlantic Railroad.

By Mr. Godley, of Camden-
A bill to authorize the issuance of licenses to persons in Camden County conducting church festivals.
R.eferred to Committee on Special Judiciary.

By Mr. Godley, of Camden-
A bill to appropriate $250 for arc lights on the Capitol grounds.
Referred to Committee on Appropriations.

By Mr. Godley, of Camden-
A resolution memorializing Congress to vote for Constitu,tional amendment to elect United States Senators by the people.
Lie on table one day.

The following resolutions were read, to-wit:

TUESDAY, JULY 5, 1910.

293

By Mr. wright, of Floyd-
A resolution to make House Bill 259 the special order for July 11, 1910.
Referred to Committee on Rules.

By Mr. Macintyre, of ThomasA resolution to make House Bill No. 731 the spe-
cial order for Friday, July 8. Referred to Committee on Rules. The following bill was read the second time, to-wit:

By Mr. Tarver, of whitfield-
A bill to increase the number of terms of the Superior Court of Whitfield County.
Leave of absence was granted-
MR. WRIGHT, of Stewart,
MR. WRIGHT, of Floyd.
The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

JOURNAL OF THE HousE.

ATLANTA, GEORGIA,

WEDNESDAY, JULY 6, 1910.

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

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Cal beck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converso

Ault

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Bake:

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Booke.t

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown df Henry

English

Brown of Murray

E~ans

Faircloth Fender }'ield of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Goodley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J elfs 'n llardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd

.WEDNESDAY, JULY 6, 1910.

295

Holtzclaw

Macintyre

Simmona

Howell

McArthur

Simpson

Hubbard

McCarthy

Slade

Hullender

McConnell

Smith of Gilmer

Huie

McCrory

Smith of Tattnall

Johnson of Bartow McCurry

Smith of Walton

.Johnson of Jeff Davis McCutchen

~1tovall

Johnson of Towns McElreath

Strong

Joiner

McMahan

Stubbs of Putnam

J(ones of Laurens

McMichael of Butts Stubbs of Thomas

.Tones of Meriwether ~fcMichael of Marion Tarver

Jones of Mitchell

McWhorter

Tippins

Keith

. Olive~

Tracey

Kelley

Parker of Decatur Tuggle

Kendrick

Parker of Talbot

'furner

E"ennedy

Paulk

Turnipseed

Kicklighter

Peacock

Upshaw

Kidd

Persons

Vinson

Kirby

Pickett

Waddell

Lawrence

. Pierce

Walters

Lewi1

Popo

Wasden

Littleton

Portet

Watkin9

Lord

Prico

White of Screven

Lovejoy

Proctor

Whiteley

Martin

Reaves.

Wight of Grady

Meadows of Telfair Redding

William1

Meadows of Toombs Reeso

Wohlwtnde1

Middlebrooks

Reid of Campbell

Wo1>cl

Miller of Calhoun

Reid of Macon

Woodlif!

Miller of Ware Milikin Mitchell

Rentz Roberts Rogers

Wright of Floyd 'Vri~ht of Stewart Mt. Speaker

Mooro

Rosser

Mos~

Sheppar1!

MacFarland

Shirley

Mr. Minter was absent

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

296

JouRNAL oF THE HousE.

Mr. Alexander, of Fulton, gave notice that at the proper time he would move to reconsider the action of the House in defeating yesterday the bill known as the ''Barbers Bill.''
By unanimous consent the fo1lowing bills were read the second time, to-wit:

By Mr. Field, of DeKalb--

A bill to define the powers and rights of an Attor-

ney-at-Law and for other purposes.



By Mr. Field, of DeKalb--
A bill to further regulate practice before Auditors appointed to hear causes in pursuance of the existing law.

By Mr. Jones, of Meriwether-

A bill to amend an Act to create the City Court, of Greenville.

By Mr. Harrington, of Liberty-

A bill to change the time of holding the fall term of the Superior Court of Liberty County.

By Mr. Tarver, of Whitfield-
. A bill to appropriate $2,500 for the erection of a monument to General Joseph E Johnson.

WEDNESDAY, JULY 6, 1910.

297

By Messrs. Faircloth, of Johnson, Lewis, of Hancock-

A bill to amend Section 574, Volume 1, of the Code

of 1895.



By unanimous consent House Bill No. 526 was recommitted to the Temperance Committee.
I
By unanimous consent the session of the House this morning was extended for thirty minutes for the purpose of reading bills a second time.

The following resolution was taken up by unanimous consent, and put upon its passage:
' By Messrs. Smith, of Gilmer, Wright, of Floyd, et al.
A resolution memorializing the General Assembly of Tennessee to appoint an additional Judge of the Circuit Court of Polk County, Tennessee.
On motion of Mr. Anderson, of Chatham, the reso. lution was tabled.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. McMichael, of Marion-
A bill to amend Article 7, Section 1, of the Constitution.

298

JOURNAL oF THE HousE.

R.eferred to Committee on Amendment. to Constitution.
By Mr. Field, of Crisp-
A bill to prevent the exposition of any prize fight or boxing contest by moving pictures, etc.
Referred to Committee on Special Judiciary.
Mr. Anderson, Vice..:Chairman of the Committee on Rules, submitted t~e following report:

Mr. Speaker:

JULY 6TH, 1910.

Your Committee on Rules beg leave to submit the following report upon the various resolutinos submitted to it:

1. Committee recommends that House Resolution No. 208 fixing a special order for Senate Bill 119 do pass as amended.

2. Committee recommends that House Resolution No. 209 do pa~s.

3. As to House Resolutions 195, 201, 204, 205, all asking for special order~ for various Special Appropriation Bills, your Committee recommends as a substitute for all these resolutions the following, to-wit: "That all House Bills involving a Special Appro-

WEDNESDAY, JULY 6, 1910.

299

priation, which have been favorably reported and are ready to be placed on their passage shall be set as Special and Continuing Orders, in their order on the Calendar, for Thursday, July 14th, immediately after the expiration of the morning hour for unanimous consents.
Respectfully submitted
J. RANDOLPH ANDERSON, '
Vice-Chairman.

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

The Senate has passed by a requisite constitutional majority the following bill of the House, towit:
A bill to require all cotton seed meal sold m Georgia, to be branded according to quality.
The Senate has passed by a requisite constitutional majority the following Senate bills, to-wit:
A bill to amend Section 2181, of Volume 2, of the , Code, so as to allow electric street railroads to sell
gas for heat, light, etc.

300

JOURNAL oF THE HousE.

A bill to establish a system of electric lighting for the town of Bu~na Vista..
A bill to amend an Act authorizing the town of Buena Vista to establish a system of water works.
A bill to provide for control of cemeteries, etc., in counties of 125,000 population and over.
A bill to authorize the Chairman of the Board of Trustees of University of Georgia to appoint three members of said Board upon each of the branch co1leges of the University.
A bill to make the President of the Board of "rrustees of the State Normal SchoQl ex-officio a member of the Board of Trustees of the University of Georgia.
Mr. MacFarland, Vice-Chairman of the Committee on _Enro1lment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment has examined and report as properly enrolled, duly signed and ready for delivery to the Governor, the fo11owing resolutions, to-wit:
A resolution to pay the expenses and per diem of Committees authorized to act during vacation of 1909.

\VEDNESDAY, JULY 6, 1910.

301

A resolution to pay W. C. Allen $10.80.
Also the following 4.cts, to-wit:
An Act to require all cotton seed meal to be branded.
An Act to put into force the Constitutional Amendment relative to the payment of pensions.
Respectfully submitted
McFARLAND,
Vice-Chairman.
By unanimous consent the following bill was read the second time, to-wit:

By Mr. MeWhorter, of Greene-
A bill to amend an Act to incorporate the city of Union Point.
The following resolution which was made the special order for this time was read the second time and put upon its passage, to-wit:

By Mr. Slade, of Muscogee-
A resolution providing for the ratification by the State of Georgia of the proposed amendment to Article 16 of the United States Constitution.

302

JouRNAL oF THE HousE.

Pending discussion of the above bill Mr. Hall, of Bibb, moved that when the House adjourn it meet , again at 9 o'clock to-morrow morning, which motion prevailed.
On motion of Mr. Fullbright, of Burke, the House reconsidered its action in adopting the motion to meet at 9 o'clock to-morrow morning.
Mr. Fullbright then moved that when the House adjour;n it adjourn to meet at 9:30 o'clock to-morrow morning.
Mr. Hall proposed to amend that the hour of meeting for the remainder of the session be 9 :30 o'clock a.m., which was adopted, and the motion was adopted as amended.

The fo11owing bi11s were read the second time, towit:

By Mr. Vinson, of Baldwin-
A bill to appropriate $35,000 to build a new co11ege building on the campus of the campus of the Georgia Normal and Industrial College at Milledgeville.

By Mr. McMahan, of Clarke-
A bill to appropriate $15,000 to State University for the purpose of erecting a heating plant.

WEDNESDAY, JULY 6, 1910.

303

By Mr. Wright, of FloydA resolution to create a Committee to investigate
the using of certain State property, etc.
By Mr. ,McMahan, of Clarke-

A bill to appropriate $25,000 to the State Normal School at Athens.

By Mr.. -wright, of Floyd-

A bill to require legislative counsel to register with the Secretary of State.

By Mr. Wright, of Floyd-

A bill to fix the term of the Supreme Court at which each bill of exceptions, etc., shall be docketed.
By Messrs. Wright and Porter, of FloydA bill to amend Sec ~ion 220 of the Criminal Code.

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

A bill to appropriate $35,000 for the use of the Technological School.

304

JOURNAL oF THE HousE.

By Mr. Alexander, of Fulton-
A bill to protect persons purchasing property or obtaining contractual liens, etc.

By Mr. McElreath, of Fulton-
A bill to regulate practice in possessory proceedmgs.

By Mr. Wright, of FloydA bill to create a Legislative reference bureau.

By Mr. Hardman, of JacksonA bill to create a State Road Commission.

By Mr. Wright, of FloydA bill to prohibit betting on elections, etc.

By Mr. Chandler, of ~,ranklinA bill to amend Section 220 of th~ Code of 1895.

By Mr. McMichael, of Marion-
A bill to repeal an Act to Sections 17Z8 and 1781 of the Code of 1895.

wEDNESDAY, JULY 6, 1910.

305

By Mr. Rogers, of Randolph-
A bill to prohibit the sale of near beer in Randolph County.

By Mr. Ford, of Worth-
A bill to amend an Act to create the City Court of Sylvester.
By Mr. Anderson, of Chatham-
A bill to amend an Act to levy and collect tax for support of State Government 1909.

By Mr. McElreath, of Fulton-
A bill to amend an Act to provide for an Ordinary pro hoc vice in certain cases.

By Mr. Adams of Hall-
A bill to amend an Act to create the City Cout of Hall County.

By Mr. Alexander, of Fulton-
A bill to amend Section 2776 of the Civil Code of 1895.

306

JouRNAL OF THE HousE.

By Mr. McWhorter, of GreeneA bill to amend Section 5182 of the Code of 1895.
By Mr. Adams, of HallA bill to authorize Hall County to issue bonds for
road. purposes.

~y.Mr. Adams, of HallA bill to incorporate the town of Candler.

By Mr. McCutchen, of Heard-
A bill to provide in what cases counties shall be chargeable with the expense of arrests.

By Mr. Williams, of Madison-
A bill to repeal an Act to create the City Court of Danielsville.
By Mr. Boyd, of Spalding-
A bill to consolidate the laws to create the charter of Griffin.

By Mr. Calbeck, of Gordon-
A resolution to appropriate $2,500 to build wall around Resaca Cemetery.

WEDNESDAY, JULY 6,. 1910.

307

By Messrs. McMahan, of Clarke, Middlebrooks, of Newton, et al-
A bill to appropriate money to erect monument to Confederate veterans.

By Mr. Boyd, of Spalding-'-
A bill to amend an Act to create a Board of Commissioners of Spalding and Bibb Counties.

By Mr. Hatfield, of Coffee.-
A bill to amend an Act to create the City Court of Douglas.

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. Henderson, of Turner-
A bill to amend an Act to incorporate ,the town of Sycamore.

By Mr. Henderson, of Turner-
A bill to create a new charter for the town of \Vorth.

308

J OURNAI, OF THE HOUSE.

By Mr. Henderson, of Turner-

A bill to repeal an Act to incorporate the town of Sycamore.

By Mr. Persons, of Monroe-

A bill to amend an Act to create a Board of Commissioners for Turner County.

By Mr. Wight, of Grady-

A bill to amend the charter of Cairo.

By Mr. Johnson, of Towns-
A bill to prohibit taking fish from cert1:1in parts of Hiawassee river.

By Mr. Miller, of Ware-

A bill to amend an Act to create the City Court of Waycross.

By Mr. Barksdale, of -Wilkes-

A hill to fix salary of stenographer m office of Bank Examiner.

WEDNESDAY, JuLY 6, 1910.

3W

By Mr. White, of Screven~
A bill to amend an Act to fix the term of office of the Commissioner of Pensions.

By Messrs. Smith and Kennedy, of Tatnall-
A bill to amend an Act to incorporate the city of Hagan.

By Mr. Sheppard, of Sumter-
A bill to confer upon certain corporations the powers of trust companies.

By Messrs. Wholwhender and Slade, of Muscogee-
A bill to authori7;e the sale of a part of the commons of the city of Columbus.

By Mr. Carswell, of Wilkinson-
A bill to. amend Section 982, Volume 1, of the Code, so as to.create a State Depository in Gordon.

By Messrs. Hardman, of Jackson; Brown, of Fulton, Word, of Banks-
A bill to appropriate additional-funds for the completion of the State Sanitarium for treatment of tuberculosis.

310

JouRNAL oF THE HousE.

By Messrs. Adams and Carter, of Hall-,
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Hall County.

By Mr. Miller, of Ware-
A bill to regulate butchering of cattle in Ware county.

By Mr. Williams, of MadisonA bill to incorporate the town of Ila.

By Messrs. Brown and McElreath, of Fulton-
A bill to amend an Act to create a new charter for Atlanta.

By Messrs. Baker, of Lumpkin, Elder, of Oconee, et al-
A bill to appropriate $15,000 to build new college building on campus of North Georgia Agricultural College.
The business for which the session was extended having been completed, the Speaker announced the House adjourned until 9:30 o'clock to-morrow mormng..

THURSDAY, JuLY 7, 1910.

311

ATLANTA, GEORGIA,

THURSDAY, JULY 7, 1910.

The House met pursuant to adjournment at 9 :30 o'clock a. m. this day; was called to order by tha Speaker, and opened with prayer by the Chaplain.

The roll was called and th.e following members answered to their names :

Adams

Burch

Alexander of DeKalb Butt

_.\lexander of Fulton Buxton

Allen

Cal beck

Alley

Gannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Convers6'

Ault

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baket

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of.Carroll

I~ !lis

Brown of Fulton

:Ellison

Brown of Henry

English

Brown of Murray Evan!!

Faircloth Fender Fi1ii of DeKalb Fields of Crisp Ford Fullbright Clarlingt.on Gastley Gillis Goodley Graddick Gl'iffin 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 Holder of Floyd

312

JouRNAL oF THE HovsE.

Holtzclaw

Mac:Farland

Sheppard

Howell

Macintyre

Shirley

Hubbard

.McArthm

Simmon3

Hullender

McCarthy

Simpson

Huie

McConnell

Slade

Johnson of Bartow McCrory Johnson. of Jeff Davis ~fcGurry

~mith of Gilmer Smith of Tatnall

Johnson of Towns McCutchen

Smith of Walton

.Joiner

McElreath

Stovall

Jones of Laurens

McMahan

Strong

.Jones of Meriwether McMichael of Butts Stubbs of Putnam

Jones of Mitchell

.McMichael of Marion Stubbs of Thomas

Keith

McWhorter

Tarver

Kelley

Olive:

Tippins

Kendrick

Park.er of Decatur 'Tracey

Kennedy

I~a rke.r of 'l'albot

'l'uggle

Kicklighter

l'aull<:

Turner

Kidd

Peacock

Turnipseed

Kirby

Prrsons

Upshaw

Lawrence

Pierce

Vinson

Lcwii

I'opa

Waddell

Littleton

Porte:

\\.alter-~

Lord

Pric~

Wasden

Lovejoy

Proctor

Watkin a

Martin

Rea,es

White of Screven

Meadows of Telfair R.edding

Whiteley

Meadows of Toombs Reese

Wight of Grady

Middlebrooks

Reid of Campbell

Williaml

Miller of Calhoun Reid of Macon

Wohlwende:

Miller of Ware

Reid of Putnam

Wood

l\lilikin

Rentz

\"oodlW

llfitchell

Roberb

Wright of }'loyd

Moor<!

Hogers

Wright of Stewart

Mosl

Rosser

1\fr. Speaker

Mr. Minter was absent.

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

'l'HURSDAY, JULY 7, 1911).

313

By unanimous consent the following bill was read the third timeand put upon its passage, to-wit:

By Mr. McCarty, of Chatham-

A bill to prescribe the qualifications of managers of elections in certain cities.

The following amendments were adopted, to-wit:

To amend by striking the word ''ten'' and insert the word "five" in Section 1, also

To amend caption by striking word ''ten'' and insert the word ''five.''

The report of the Committee which was favora-

ble to the passage of the bill ,as amended was agreed

to.

'

On motion of Mr-. Fullbright the action of the house in agreeing to the report of the Committee was reconsidered.

The following amendments were adopted, to-wit:

By Mr. Fullbright, of Burke-
To amend by striking Section 2 and insert in lieu thereof the following, to-wit: ''Sec. 2. Be it further enaeted that any person violating the provisions of this Act shall, upon conviction, be punished

314

JouRNAL oF THE HousE.

as prescribed in Section 1039, Volume 3, of the Code of 1895. ''
By Mr. McFarland, of Mcintosh-
To amend by striking the words "having a population according to the United States Census of the year 1900, of not less than ten thousand'' between the words "State" and "to" in Section 1.
The favorable report of the Committee was then agreed to as amended.
On the passage of the bill the ayes were 113, nays,
4.
The bill having received the requisite Constitutional majority was passed as amended.
Mr. Hardman, of Jackson, Chairman of Committee on Temperance, submitted the following report:

Mr. Speaker:
Your Committee on Temperance has 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 provide for discovery on oath of evidence in certain cases, concerning sale of cigarettes and intoxicating liquors.

THURSDAY, JULY 7, 1910.

315

A bill to authorize the sale, etc., of soft drinks in the town of Young Harris.
A bill to prohibit sale of all kinds of malt in the State of Georgia.
A bill to amend Act relative to sale of narcotic drugs.
A bill to forbid the drinking of intoxicating liquors on railway passenger trains and other public places.
Respectfully submitted,
L. G. HARDMAN, Chairman.

Mr. Brown, Chairman of Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the folowing bill of the House, to-wit:
House Bill No. 296.-An Act to regulate the Sanitary conditions of Hotels and Boarding Houses, and recommend that same do pass, by substitute.
House Bill No. 687.,---An Act to prohibit the pollution of Lakes, Rivers, etc., do not pass.

~n6

JouRNAL oF THE HousE.

House Bill No. 5:23.-An Act to declare Coca-Cola a poisonous drug. . Do not pass.
Respectfully submitted,
GEo. BRoWN, Chairman.
Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration House Bill No. 766, and instruct me to report the same back with the recommendation that it do not pass.
Respectfully submitted, FuLLBRIGHT, Chairman.

Mr. Johnson, of Bartow, Chairman of the Committee on General Agriculture, submitted the following report:

Mr. Speaker:
Your Committee on General Agriculture has had under consideration House Bill No. 760, and have instructed me, as their Chairman, to report the same back to the House with recommendation that same do pass, to-wit:

r:l'HURSDAY, JULY 7, 1910.

317

House Bill No. 760.-A bill to be entitled an Act to amend an Act entitled an Act to regulate the sale, inspection and analysis of commercial fertilizer, and for other purposes.
Also House Bill No. 394.-A bill to make th2 county school commissioner, the county commissioner of Agriculture, do not pass.
Also House Bill No. 842.-A bill to increase the salary of chief drug inspector, do not pass.
Also House Bill No. 305.-A bill to prevent dogs from running at large and provided for their muz. zling, do not pass.
Respectfully submitted,
JoHNSON, of Bartow, Chairman.

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 Chair- man to make the following report:
House Bills Nos. 201, 202 and 203, do pass by substitute.

318

JOURNAL oF THE HousE.

House Bill No. 461, do pass as amended. House Bill No. 498, do not pass.
Respectfully submit~ed, McMICHAEL, Chairmal?-.

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

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bill of the Senate, towit:
A bill to fix fees to be paid by local fire and storm insurance companies doing business in f6ur counties.
By unanimous consent the following bills were read the first time, to-wit:
I
By Mr. Garlington, of Richmond-
A bill to regulate the manner of filing defense in the courts of this State.
Referred to Committeeon General Judiciary.

THURSDAY, JuLY 7, 1910.

319

By Mr. Tarver, of -Whitfield-

A bill to prohibit railroads from running trains with double headers..
Referred to Committee on Railroads.

.By Mr. Hardman, of Jackson-
A bill to extend the suppression of contagious diseases of live stock, etc.
Referred to Committee on Hygiene and Sanitation.

By Mr. Johnson, of Jeff Davis-
A bill to amend an Act creating the City Court of Hazelhurst.
Referred to Committee on Special Judiciary.

By Mr. Calbeck, of Gordon-
A bill to repeal an Act to ,a]ter and amend the road laws of Georgia.
Referred to Committee on Roads and Bridges.

/

320

JOURNAL oF THE HousE.

By Messrs. Tarver, of Whitfield; Johnson, of Bartow; McConnell, of Gwinnett-
A bill to prohibit the exhibition of moving pictures in this State portraying prize fights.
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 Messrs. Porter, Wright and Holder, of Floyd-
A bill to amend an Act to create the City Court of Floyd county.
Referred to Committee on Special Judiciary.

By Messrs. Reid, of Campbell; Alexander, of DeKalb-
A resolution to appropriate $281.25 to pay deficiency in the salaries of Assistant Librarian last year.
Referred to Committee on Appropriations.

THURSDAY, JULY 7, 1910.

321

By Messrs. Brown, McElreath and Alexander, of Fulton-
A bill to provide for the establishment of a civic center in Atlanta.
Referr.ed to Committee on W. & A. R. R.

By Messrs. Hardman and Holder, of Jackson-
A bill to create a. new charter for the town of Statham.
Referred to Committee on Corporations.

By Messrs. Slade and Wohlwender, of Muscogee-
A bill to require the several boards of health of this State to enforce the standard transit permits adopted by the Georgia State Board of Embalming.
Referred to Committee on Hygiene and Sanitation.

By Mr. McMichael, of Marion'
A resolution to make House Bill No. 681, a special order.
Referred to Committee on Rules.
The following bill was read the third time and pu~ upon its pasage, to-wit:

h-11

322

JouRNAL oF THE HousE.

By Mr. McWhor.ter, of Greene-
A bill to amend an Act to incorporate the City of Union Point.
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_ message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. 8peaker:
The Senate has adopted the following resolution, in which. the concurrence of the House is respectfully asked, to-wit:
A resolution providing for a joint Committee of three from the Senate and five from ,the House of Representatives to inquire i~to the needs of the State of Georgia, for additional lands at or near Chattanooga, Tenn., etc., and the foHowing is the Committee on part of the Senate under said. resolu- tion, to-wit:
Senators Gordy, Jackson and Akin.

THURSDAY, JULY 7, 1910.

323

The Senate has concurred in the following House resolution, to-wit:
A resolution to appoint a joint Committee to look into the matter of erecting a building for a State museum, and the following is Committee on part of the Senate under said resolution, to-wit:
Senators Mathews, McCollum and Hassell.

The following bill which was made the speciRl order for this hour was read the third ti:me and put upon its pasage, to-wit:

By Mr. Littleton, of Richmond-

A bill to encourage educatio~ by reqmrmg parents and g~ardians, etc., to send childre_n of certain ages to school and for other purposes.
The Committee offered a substitute which was read.
By unanimous consent the previous question was ordered to be called aCll :30 o'clock a. m.
Unanimous consent was granted Mr. Persons, of Monroe, to be recorded as voting ''aye'' when the above measure should come to a vote, he having explained that he was compelled to be absent from the hall.

324

JouRNAL oF THE HousE.

On motion of Mr. Fullbright the House reconsidered its action in ordering the previous question called at 1:30 o'clock a. m.
By unanimous consent further individual speeches on the above bill were limited to ten minutes.
On motion of Mr. Vinson, of Baldwin, the session was extended until the above bill could be disposed of.
The previous question was called and the mam question ordered.

The following amendment was adopted, to-wit:

By Mr. Lovejoy-

To amend Section 6 by striking figures "1910" and inserting in lieu thereof figures '' 1911.''
The substitute was then adopted as amended.
The report of the Committee which was favorable to pasage of the bill by substitute was agreed to as amended.

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

THURSDAY, JULY 7, 1910.

Those voting in the affirmative were Messrs.:

Adams

Garlington

McElreath

Alexander of DeKalb (; astley

McMahan

Alexander of Fulton ('illis

McMichael of Butts

Alley

Godley

McMichael of Marion

Anderson of Chatham Griffin of Twiggs

McWhorter

Armistead

Guyton

Parke~ of Talbot

Atherton

Hardman of ,Jackson Persons

Atkinson Barksdale

Harrington Hatfield

Pickett Pierce

Barrett Brinson of Eman\tel Brown of Fulton Brown of Henry Brown of Murmy. Burch Buxton Calbeck Cannon Chandler Cowan Drawdy Edwards Elder Evans Faircloth

Helms

Porte:

Hendricks

Prico

II ill

Reeso

Hubbard

Roberti

Huie

Shirley

Johnson of Jeff Davis Slade

Johnson of Towns Rmith of Gilmer

.Tones of Laurens

Stovall

Jones of Mitchell

Stubbs of Putnam

Kennedy

'fa rver

Kicklighter

Tippins

Littleton

'l'racey

Lovejoy

Tuggle

Martin

Turnipseed

:Miller of Ware

Upshaw

Milikin

)Valters

Fender

lV.los1

Whiteley

Field of DeKalb

MacFarland

Wight of Grady

Fields of Crisp

McCarthy

W'ohlwende?

Fullbright

McCutchen

Wright of Floyd

Those voting in the negative were Messrs.:

Allen AuU Bake: Bell Berry Booker Boyd Brinson of Decatur

Brown of Carroll Carter Childs Converso Cordell Couch Culberson Daniel

Davis Ellison English Ford Graddick Hall Hardeman of Jeffs'n Harvey

326

JoURNAL oF THE HousE.

Heard Henderson of Irwin Henderson of Turner Holder of }'loyd I!o!tzclaw Howell Hullender Johnson of Bartow Joiner Jones of Meriwether Kelley Kendrick Kidd Kirby L a w r e n co

Lewi1 I,ord Miller of Calhoun Mitchell Moore Macintyre McConnell McCrory McCurry Olive: Parker of Decatur Paulk Pop() Proctor Ueaves

Redding Rogers Sheppard Simmons Simpson Smith of Tattnall Smith of Walton Turner Vinson Waddell Wasden Watkin1 Williaml \VQodlil.!

Those not voting were Me-ssrs. :

Anderson of Bullock Bagley Bailey Beacham Butt Carswell Cooke Cureton Dickson Edmondson

Ellis (. riffin of Sumter Keith Meadows of Telfair Meadows of Toombs Middlebrooks Mintet McArthur Peacock Reid of Campbell

Reid of Macon
R~ntz
Rosse: Strong Stubbs of Thomas White of Screven Woo1 WTight of Stewart M. Speakfr

rrhe roll call was verified and on counting the votes it was found that the ayes were 87, nays, 68.

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

Mr. McMichael gave notice that at the proper tirrie he would move to reconsider the action of the House in failing to pass the above bill.

TmR,.;DAY, JuLY 7, 1910.

;)27

Leave of absence was granted Messrs. Meadows, of Toombs; Williams, of Madison.

The Speaker then announced the House adjourned until 9 :30 o'clock tomorrow morning.

328

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
FRIDAY, July 8, 1910.
The House met pursuant to adjournment at 9 :30 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 th~ reading of the Journal of yesterday's proceedings were dispensed with.
By unanimous consent the following bill was read the third time and put upon its passage, to-wit:
By Messrs. Ford, of Worth and Beazley, of Lee-
A bill to make it unlawful for any person to draw a check on any bank where he has not sufficient funds to meet the same.
The substitute offered by the Committee was read.
On motion of Mr. McMichael, of Marion, the bill was tabled.
On motion of Mr. Persons, of Monroe, House Bill No. 747 was tabled.
The Speaker announced the following Committee on part of the House under House Resolution No. 203, for the purpose of considering the advisability

FRIDAY, JuLY 8, 1910.

329

of securing a central location on which to erect a suitable building for a permanent exhibit of the agricultural, mineral and manufactured products of this State, etc.
Messrs. Davis; Henderson, of Irwin; Butt; Hardman, of Jackson; Garlington.
By unanimous consent the session of the House was extended for fifteen minutes for the purpose of considering House Resolution No. 183.
By unanimous consent the following bill was read the third time and put upon its passage, to-wit:

By Mr. Sheppard, of Sumter-
A bill to authorize the Secretary of State to confer upon certain corporations the powers of trust companies and for other purposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were '10, nays, 40.
The bill having failed to receive the requisite Constitutional majority was lost.
Mr. Sheppard gave notice that at the proper time he would move to reconsider the action of the House in refusing to pass the above bill.

330

JOURNAL OF THE HousE.

By unanimous consent the following bill was read the third time and put upon its passage, to-wit:

By Mr. Harrington, of Liberty-
A bill to change the time of holding the fall term of the Superior Court of Liberty county.
Thefavorable report of the Committe 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 unanimous consent the following bills were read the first time, to-wit:

By Mr. Hardman, of Jefferson-
A bill to amend an Act governing primary elections.
Referred to Committee on General Judiciary.

By Mr. Alexander, of Fulton.A resolution memorializing congress to forbid the

FRIDAY, JuLY 8, 1910.

331

transportation in Interstate Commerce of convict made goods.
Lie on table one day.

By Mr. Watkins, of ColquittA bill to incorporate the town of Ellentown. Referred to Committee on Corporations.

By Mr. Peacock, of Pulaski-
A bill to propose an amendment to Paragraph 2, Section 1, Article 11, of the Constitution.
Referred to Committee on Constitutional Amendments.

By Mr. English, of Warren-
A bill to amend an Act to create a Board of Commissioners, etc., for Warren county. - Referred to Committee on Counties and County Matters.
By ,Mr. English, of Warren-
A bill to amend and consolidate the Acts incorporating the town of Camak.
Refered to Committee on Corporations.

332

JOURNAL oF THE HousE.

By Mr. Stubbs, of Putnam-
A resolution to refund to Jno. D. Walker et al. amount paid him for charter.
Referred to Committee on Appropriations.
The following resolutions were read, to-wit:

By Mr. Davis-
A resolution to make House Bill No. 112, the special order for July 12th.
Referred to Committe on Rules.
By Mr. Burch, of Laurens-
A resolution to make House Bill No. 182, the special order for Tuesday, July 12th.
Referred to Committee on Rules.
By unanimous consent the following bill was read the second time and recommitt~d, to-wit:
By Mr. Godley, of Camden-
A bill to authorize the issuance of licenses to persons conducting church festivals in Camden county.
By unanimous consent the following bill was read the second time, to-wit:

FRIDAY, JuLY 8, 1910.

333

By Mr. Field, of DeKalb-
A bill to amend an Act to authorize the Town of Lithonia to create a system of public schools.
The following resolution was read and adopted, to-wit:

~y Mr. Huie, of Clayton-
A resolution tendering the sympathy of the House to Ron. R. P. Minter in his illness and granting to him an indefinite leave of absence.
By unanimous consent the following bill was read the third time a~d put upon its pasage, to-wit:

Dy Mr. Mcintyre, of Thomas-
A bill to fix the fees to be paid by local Fire and Storm Assessment Insurance Companies doing business in four countie~ or less, and for other purposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 117, nays, 9.
The bill having received the requisite Constitutiona-l majority was passed.

334

J OURNAI, oF THE HousE.

Mr. Garlington who gave notice yesterday moved that the House reconsider its action in refusing to pass House Bill No. 221, known as the ''Compulsory Education Bill'' which motion prevailed.
On motion of Mr. Alexander, of Fulton, the House reconsidered its action in refusing to pass House Bill 160, known as the ''Barbers' Bill.''
On motion of Mr. Heard, of Dooly, House Bill No. 402, was taken from the table and placed on the Calendar.
Mr. McMahan, Acting Chairman of Committee on Appropriations submitted the following report:

.JI1r. Speaker:
Your Committee on Appropriations have had under consideration the following bills of the House, and instructed me as their Chairman to report same hack to the House with the recommendation that same pass, to-wit:
A bill to appropriate $15,000.00 for building for insane persons, who have tuberculosis.
A bill io make appropriation for maintenance of the Georgia State Sanitarium for years 1910 and 1911.
A bill to appropriate $36,300.00 to repair and reequip buildings of Georgia State Sanitarium..

~,RIDAY, JULY 8, 1910.

335

A hill to appropriate $60,000 to Georgia State Sanitarium for hospital.
A bill to appropriate $13,000.00 to Georgia State Sanitarium for reservoir.
A b.ill to appropriate $5,008 to equip Catnegie Library at University of Georgia.
Also the following resolution of the House with the recommendation that same do pass, to-wit:
A bill to pay balance past-due salary of Assistant State Librarians.
Respectfully submitted,
J. J. C. McMAHAN,
Acting Chairman.

Mr. Persons, C!wirman of the Committee on Constitutional Amenc~:1ents, submitted the following report:

Mr Speaker:
Your Committe on Constitutional Amendments have had under consideration the following hill

336

J OURNAJ, OF THE HOUSE.

which it reports back to the House with the following recommendations:
House Bills Nos. 154, 259, 737 and 806 do pass.
House Bill No. 172 do pass by substitute. July 8th, 1910.
PERSONs, 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 House bill and recommend that the same do pass as amended:
A bill to repeal all laws relative to operating and running of trains, etc., when approaching or going over public road crossings.
Also the following bill of the House with the recommendation that the same do not pass.
A bill to prohibit parties bringing action in th~ State of Georgia against non-resident Railroads.
Respectfully submitted,
'
w. M. PARKER,
Chairman.

FRIDAY, JuLY 8, 1910.

337

Mr. McMahan, Chairman of Committee on University of Georgia and Branches, submitted the following report :

Mr. Speaker:
The Committee of University of Georgia and Branches has had under consideration the following bills: No. 851, and recommend that it do pass as amended.
Also House Bill No. 825, and recommend that it do pass as amended.
McMAHAN,
Chairman.

Mr. Barrett, Chairman of Committee on Penitentiary, submitted the following report:

Mr. Speaker:
Your Committee on Penitentiary has had under consideration the following bills, and recommend that the same do pass by substitute.
House Bill No. 754. An Act to require all applicants for pardon or commutation of sentence to give notice of such application, and the following do pass:

338

JOURNAL OF THE HousE.

House Bill No. 844. An Act providing that a county may receive pay from another county for its .misdemeanor convicts and for its quota of felony convicts.
That the following do not pass:
House Bill No. 787, providing :for increase of salary of members of Prison Commission:
House Bill No. 761, providing that county authorities may make rules and regulations governing management of convicts.
House Bill No. 467, providing for payment of cost in certain criminal cases. '
FERMOR BARRETT,
Chairman.

Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:
JULY 8TH, 1910.
Mr. 8 peaker:
Your Committee on Special Judiciary has had under consideration the following bills and instruct me as their Chairman to repoi't them back with the following recommendations:

FRIDAY, JuLY 8, 1910.

33~)

House Bill No. 157, providing for Board of Examiners of Stationary Engineers, do pass as amended.
House Bill No. 771, amending Act relating to liens in favor of parties furnishing logs to saw mills, do pass as amended.
House Bill No. 752, amending City Court of Washington, do pass.
House Bill No. 751, creating City Court of Elijay, do pass.
House Bill No. 862, to prevent displaying prize .fight or boxing contests by means of moving pictures, do pass.
House Bill No. 868, amending City Court of Ashburn, do pass.
House Bill No. 869, amending City Court of HazP1 hurst, do pass.
House Bill No. 871, amending City Court of Floyd County, do pass.
Senate Bill No. 175, amending City Court of Washington, do pass.
Respectfully submitted,
FuLLBRIGHT,
Chairman.

340

JouRNAL oF THE HousE.

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

By Mr. Fullbright, of Burke-
A resolution fixing the order of business for tomorrow's session as follows:
1. Reports Standing Committees.
2. Introduction New Matter.
3. ~eading House Bills and resolutions favorably reported a second time.
4. Reading Local House Bills without opposition the third time.
5. Reading Senate Bills.first time.
6. Reading Senate Bills favorably reported second time.
By unanimous consent House Bill No. 787 was recommitted to the Penitentiary Committee.
The following resolution which was brought over as unfinished business was again taken up for passage, to-wit:

FRIDAY, JuLY 8, 1910.

341

By Mr. Slade, of Muscogee-
A resolution providing for the ratification by the State of Georgia of the proposed, amendment to the Constitution of the United States, known as Article 16, so as to provide for a tax on incomes.
The hour of adjournment having arrived, the business for which the session was extended was taken up for consideration which is the following resolution, to-wit:

By Mr. Elder, of Oconee-
A resolution to request the Senators from Georgia in Congress to use their best efforts to secure the removal from office of Henry A. Rucker as Collector of Internal Revenue at Atlanta.
The previous question was called and the main question ordered.
On the adoption of the resolution the ayes were 29, nays 70. The resolution was therefore lost.
The following bill was read the second time, towit:

By Mr. Fields, of Crisp-
A bill to prohibit the showing of moving pictures portraying prize fights, etc.

342

JouRNAL oF THE HousE.

Leave of absence was grantedMR. ELDER, of Oconee, JoHNSON, of Bartow, BROWN, of Henry.

The Speaker then announced the House adjourned until 9 :30 o'clock to-morrow morning.

/

SATURDAY, JuLY 9, 1910.

343

ATLANTA, GEORGIA,
SATURDAY, JuLY 9, 1910.
The House met pursuant to adjournment at 9:30 o'clock a. m. this day; was called to order by the Speaker pro tern., and opened with prayer by the Chaplain.
By unanimous consent the roll call and the reading of the Journal of yesterday's proceedings were di:'lpensed with.
Mr. Brown, Vice-Chairman of the General Judiciary Committee, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary hav~ had under consideration the following bills of the Hous~, and instructed me, as their Vice-Chairman, to report same back to the House with the recommendation that same do pass as amended, to-wit:
A bill to amend Section 188, Penal Code of Georgia, relative to embezzlement.
Also the following bills of the House with the recommendation that same do not pass, to-wit:

344

JOURNAL OF THE HousE.

A bill to prescribe the punishment for all felonie3, where same is not capital.
A bill to amend Section 1643, Penal Code, of 1895, relative to license of Confederate Soldiers.
Respectfully submitted,
w. F. BROWN,
Vice-Chairman.
The following bills were read the first time, to-wit:

By Messrs. Jones and Keith, of Meriwether-
A bill to create a new charter for town of Luthersville.
Referred to Committee on Corporations.

By Mr. Jones of Meriwether-
A bill to appropriate money for renovating State Library.
Referred to Committee on Appropriations.
...
By Mr. Jones, of Mitchell-
A bill to incorporate Sale City.
j Referred to Committee on Corpo:r~UQ:n~.

SATURDAY, JuLY 9, 1910.

345

By Messrs. Fields and Alexander, of DeKalb-
A bill to ratify and confirm the closing of Ansley street, in Decatur.
Referred to Committee on Corporations.

By Messrs. Fields and Alexander, of DeKalbA bill to re-incorporate the town of Kirkwood. Referred to Committee on Corporations.

By Mr. Harvey, of Wilcox-
A bill to amend an Act to amend an Act to incorporate the town of Pineview.
Referred to Committee on Corporations.

By Mr. McMahan, of Clarke-
A bill to amend Section 958, Volurne 1, of the Code.
Referred to Committee on Counties and County Matters.

By Mr. Ford, of Worth-
A bill to repeal an Act to create a Board of Commlsswners of Roads and Revenues for "North County.

346

JOURNAL oF THE HousE.

Referred to Committee on Counties and County Matters.

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

By Mr. Adams, of Hall-
A bill to authorize the county of Hall to issue bonds for road purposes.
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 Mr. Adams, of Hall-
A bill to incorporate the town .of Candler.
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 requidte constitutional majority, was passed.

.SATURDAY, JuLY 9, 1910.

347

By :Mr. Boyd, of Spalding-
A bill to consolidate all laws to create a charter for Griffin.
The favorable report of the Committee was ngt eetl to.
On the passage of the bill the ayes were 99, na~'s 0
The bill having received the requisite constitutional majority, was passed.
By Mr~ Boyd, of Spalding-
A bill to amend an Act to create a Board of Commissioners for Spalding and Butts counties.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 105, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Mr. Henderson, of Turner-
A bill to incorporate the town of Sycamore.
The favorable report of the Committee was agreed to.

348

JOURNAL OF THE HousE.

-On the passage of the bill the ayes were 109, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Mr. Henderson, of Turner-
A bill to repeal an Act to incorporate the town of Sycamore.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 108, nays 0.
The bill having received the requisite constitutional ~ajority, was passed.

By Mr. Henderson, of Turner-
A bill to amend an Act to create a Board of CommiSSIOners of Roads and Revenues for Turner County.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 110, nays 0.
The bill having received the requisite constitutional majority, was passed.

SATURDAY, JuLY 9, 1910.

349

By Mr. Henderson, of Turner-
A bill to create a new charter for the town of Worth.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 105, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Messrs. Wholwender and Slade, of Muscogee-
A bill to authorize the sale of a part of the commons of Columbus.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 1:20, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Mr. Wright, of Grady~
A bill to amend the charter of the city of Cairo.
The favorable report of the Committee was agreed to.

350

JouRNAL oF THE HousE.

On. the passage of the bill the ayes were 107, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Messrs. Adams and Carter, of Hall-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Hall County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays 0.
rrhe bill having received the requisite constitutional majority, was passed.

By Messrs. Smith and Kennedy, of Tatnall-
A bill to amend an Act to incorporate the city of Hagan.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays 0.
The bill having received the requisite constitutional majority, was passed.

SATURDAY, JuLY 9, 1910.

351

. By Mr. Turnipseed, of Clay-
A bill to provide a system of registration for Fort Gaines.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 111, nays 0.
The bill having received the requisite constitutional majority, was passed.
By Mr. Turnipseed, of Clay'-
A bill to create a Bond Commission for the city of Fort. Gaines.
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 Mr. Johnson, of Towns-
. A bill to prohibit the taking of fish from certain parts of the Hiawassee river.

352

JOURNAL OF THE HoUSE.

The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 101, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Williams, of Madison-
A bill to incorporate the town of Ila.
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. Miller, of Ware-
A bill to regulate the butchering, etc., of any cattle, goats, sheep, etc., in Ware County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, miys 0.

SATURDAY, JULY 9, 1910.

353

The bill having received the -requisite constitutional majority, was passed.

By Mr. Field, of DeKalb-
A bill to amend an Act to create a system of public schools in the town of Lithonia.
Mr. Alexander, of DeKalb, proposed the following amendment which was adopted, to-wit:
To amend Section 1 by striking therefrom the words "each year'' and substituting therefor the words ''in each year in which the regular school census is taken by general law" and by adding to said Section the words "But the first census shall be taken in the year 1910.''
The favorable report of the Committee was agreed to as amended.
On the passage of th~ bill the ayes were 110, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The fo11owing bills were read the second time, towit:

By Mr. Butt, of FanninA resolution favoring a change in the J;.,ederal

lB

354

JOURNAL OF THE HousE.

Constitution so as to elect Representatives in Congress by the people.
By Messrs. Reid of Campbell, and Alexander, of DeKalh----
A resolution to appropriate money to pay salaries of Assistant State Librarian etc.

By Mr. McElreath, of Fulton-
A bill to amend Article 6, Section 7, of the Constitution.

By Mr. McElreath, of Fulton-
A bill to authorize County Commissioners of counties in this State to create Board of Examiners of Stationary Engineers.

By Mr. Persons, of Monroe-
A bill to revise the School laws so as to substitute a County Superintendent of Schools for County School Commissioner.

By Mr. Persons, of Monroe-
A bill to revise the School laws so as to change the State Board of Education and prescribe their powers and duties.

SATURDAY, JULY 9, 1910.

355

By Mr. Persons, of Monroe-

A bill to revise the School laws so as to substitute a State Superintendent of Schools for State School Commissioner.

By Mr. Edwards, of Walton-
A bill to amend the Constitution so as to exempt certain farm products from taxation.
By Messrs. Person, Vinson, et al-
A bill to appropriate $15,000 to State Sanitarium to erect building for treatment of tuberculosis.

By Messrs. Evans, of Bibb, and Slade, of Muscogee-
A bill to repeal existing laws relative to running and operating trains, etc, when approaching road <'rossmgs.
By Mr. Chandler, of Franklin-
A bill to amend Section 188 of the Penal Code.

By Mr. Vinson, of Baldwin-
A bill to appropriate $25,000 for 1910, and $35,000 for 1911 for support of State Sanitarium.

356

JOURNAL oF THE HousE.

By Mr. Vinson, of Baldwin-
A bill to appropriate $36,000 to replace old boilers at State Sanitarium.

By Mr. Vinson, of Baldwin-
A bill to appropriate $60,000 for erection of hospital at State Sanitarium for treatment of acute discases.

By Mr. Vinson, of Baldwin-
A bill to appropriate $15,000 for construction of reservoir at State Sanitarium.

By Mr. McMahan, of Clarke-
A bill to appropriate $5,000 for purposes of equipping and furnishing Carnegie Library at University. By Mr. Edwards, of Walton-
A bill to amend Constitution so as to impower the State to create a debt of $600,000. By Mr. Smith, of Gilmer-
A bill to create the City Court of Ellijay.
By Messrs. Barksdale and Booker, of Wilkes-

SATURDAY, JULY 9, 1910.

357

A bill to amend an Act to create the City Court of Washington.

By Messrs. Johnson and Price, of Bartow-
A bill to require applications for pardons to be published.
By Mr. Johnson, of Towns-
A bill to authorize the making, selling or giving away of lemonade, etc., in town of Young Harris.
By Mr. Booker, of Wilkes~
A bill to amend an Act to regulate the sale and inspection of fertilizers.

By Mr. Johnson, of Bartow-
A bill to amend an Act to create a lien in favor of persons hauling logs, lumber, etc.

By Mr. Persons, of Monroe-
A bill to amend Paragraph 2, Section 6, Article 7, of the Constitution.
Referred to Committee on Constitutional Amendments.

358

JOURNAL oF THE HousE.

By Mr. Hardman, of Jackson-
A bill to make the President of the Board of. Trustees of the State College of Agriculture and Mechanical Arts, ex-officio a member of the Trustees of the State University.

By Mr. Smith, of Gilmer-
A bill to prohibit sale of all kinds of malt in State of Georgia.

By Mr. Hardman, of Jackson-
A bill to amend an Act to regulate the sale of narcotic drugs.
By Mr. Upshaw, of Douglas-
A bill to amend an Act to provide for future employment of felony and misdemeanor convicts on public roads.
By Mr. Wright, of Floyd-
A bill to prohibit the drinking of liquors on passenger trains.
By Mr. Brown, of CarrollA bill to authorize the Trustees of the 4th District
Agricultural School to lease lands.

SATURDAY, JuLY 9, 1910.

359

By Mr. Henderson, of Turner-
A bill to amend an Act to create the City Court of Ashburn.

By Mr. Johnson, of Jeff Davis-
A bill to amend an Act creating the City Court of Hazelhurst.

By Messrs. Porter, Wright and Holder, of Floyd-
A bill to amend an Act to create the City Court of Floyd County.
The following Senate Bills were read the first time, to-wit:
By Mr. Gordy, of 24th District-
A resolution providing for a joint Committee to investigate the need of property at Chattanooga, Tenn., by the State of Georgia.
Referred to Committee on Western & Atlantic Railroad.
By Mr. Murray, of 13th District-
A bill to amend Section 2181, Volume 2, of Code.
Referred to Committee on Railroads.

360

JouRNAL oF THE HousE.

By Mr. Gordy, of 24th District-
A bill to create and maintain a system of electric lights for Buena Vista.
Referred to Committee on Corporations.

By Mr. Gordy, of 24th District-
A bill to amend an Act to authorize the issuance of bonds by Buena Vista, for water works.
Referred to Committee on Corporations.

By Mr. Slaton, of 35th District-,-
A bill to provide for control of cemeteries in certain counties.
Referred to Committee on Corporations.

By Mr. McCurry, of 31st District-
A bill to change time of holding the Superior Court of Hart County.
Referred to Committee on Special ,Judiciary.

By Mr. Thompson, of 33rd District
A bill to authorize Chairman of Board of Trustees of State University to appoint three members of said

SATURDAY, JULY 9, 1910.

361

Board upon each of the Branch Colleges of the University.
Referred to Committee on University of Georgia.

By Mr. Thompson, of 33rd District-

A bill to make President of Board of Trustees of State Normal School ex-officio member of Trustees of University.
Referred to Committee on University of Georgia.

By Mr. Day, of 41st Dist-

A bill to incorporate town of Jasper. Referred to Committee on Corporations.

By Messrs. Pitts, of 43rd District, Irwin, of 11th District-
A bill to fix fees to be paid by local fire and storm 1 assessment insurance companies.
Referred to Committee on Insurance.
The following Senate Bill wass read the second time, to-wit:

362

JouRNAL oF THE HousE.

By Mr. Calloway, of 29th District-
A bill to amend an Act to create the City Court of Washington.
By unanimous consent Senate Bill No. 18 was taken from the table and placed on the Calendar.

On motion of Mr. Drawdy, of Clinch, the Speaker announced the house adjourned until 9:30 o'clock Monday morning.

MONDAY, JULY 11, 1910.

363

ATLANTA, GEORGIA,
MoNDAY, JuLY 11, 1910.
The House met pursuant to adjournment at 9:30 o'clock a. m. this day; was called to order by the Speaker, and opened with prayer by Rev. R. D. Spalding.
By unanimous consent the roll call and reading of the Journal of Saturday's proceedings were dispensed with.
Mr. Hardeman, of Jefferson, arose to a question of personal privilege and refuted the statement which appeared in the "Atlanta Georgian," accusing him of having filibustered on the Compulsory Education Bill which came up for consideration last Thursday.
Mr. Baker, of Lumpkin, arose to a question of personal privilege, and also refuted the statement which appeared in the ''Georgian'' accusing members against the Compulsory Education Bill of filibustering.
By unanimous consent the following bill was read the third time, and put upon its passage, to-wit:
By Mr. Williams, of Madison-
A bill to repeal an Act to establish the City Court of Danielsville.

364

JOURNAL OF THE HoUSE.

The .following amendments were adopted, to-wit:
By the Committee: To amend by adding as Section 3, and changing Section 3 to Section 4, the following, to-wit:

" Section 3. Be it further enacted by the authority aforesaid, That any issues that may hereafter arise or any process heretofore issued from said Court, be returned to the Superior Court of said County for determ~nation."
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 99, riays 0.

The bill havirig received the requisite Constitutional majority was passed as amended.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. McCrory, of Schley-:-
A bill to amend Arti~le 7,' Section 2, Paragraph 1, of the Constitution.
Referred to Committee on Constitutional Amendments.

MoNDAY, JuLY 11, 1910.

36-5

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

A bill to require Solicitors of Courts and other officers to keep an itemized list of receipts.
Referred to Committee on'Special Judiciary.

By Mr. Sheppard, of Sumter-
A bill to amend an Act to revise and consolidate the laws to incorporate the city of Americus..
Referred to Committee on Corporations.
By Mr. Reid, of Campbell-
A bill to prescribe the penalty for persons convicted for Larceny after Trust.
Referred to Committee on Special Judiciary.

By Messrs. Kirby and Couch, of Coweta-
A bill to amend an Act to create a new charter for the city of Newnan.
Referred to Committee on Corporations.

366

JouRNAL oF THE HousE.

By Mr. Alley, of WhiteA bill relative to the stock law in certain counties. Referred to Committee on General Agriculture.

By Mr. Hubbard, of Dawson-
A resolution to refund to J. R. Hubbard money paid by him for a charter.
Referred to Committee on Appropriations.

By Mr. Reid, of Campbell-
A bill to authorize the county of Campbell to pay the legal costs due offices in misdemeanor cases.
Referred to Committee on Special Judiciary.

By Mr. Chandler, of Franklin-
A bill to authorize the city of Lavonia to establish and maintain a system of Public schools.
Referred to Committee on Special Judiciary.

By Mr. Chandler, of FranklinA bill to incorporate the town of Wilburn. Referred to Committee on Special ,Judiciary.

MoNDAY, JuLY 11, 1910.

367

By Mr. McCutchen, of HeardA bill to establish the line between Georgia and
Alabama in Heard County. Referred to Committee on Appropriations.
By Mr. McCutchen, of HeardA resolution memorializing the General Assembly
of Alabama to pass a similar resolution to the above in regard to the boundary line.
Referred to Committee on Counties and County Matters.
By Messrs. Parker and Kidd, of DecaturA bill to provide for the distribution of money
arising for tax on dogs. Referred to Committee on Education.
By Mr. Alexander, of DeKalbA bill to incorporate the town of Oakhurst. Referred to Committee on Corporations.
By Mr. Paulk, of BerrienA bill to amend an Act to incorporate Milltown. Referred to Committee on Corporations.

368

JouRNAL oF THE HousE.

By Mr. Miller, of Ware-

A bill to amend an Act to create a new charter for "\\-' aycross.
Referred to Committee on Corporations.

_By Mr. Sheppard, of Sumter-
A bill to amend an Act to amend and consolidate the Act incorporating the city of Americus.
Referred to Committee on Corporations.

By Mr. Brown, of FultonA bill to appropriate $1,000 to I. H. Oppenheim. Referred to Committee on Appropriations.

By Messrs. Brown, McElreath and Alexander, of Fulton-
A bill to appropriate $10,000 annually to the Trustees of the State University, for purpose of organizing and maintaining a department of Poultry Industry.
Referred to Committee on Appropriations.

MoNDAY, JuLY 11, 1910.

369

By Mr. Godley, of Camden-
A resolution seeking the removal from office of J no. M. Holzendorf, Collector of Customs for the Port of St Marys.
Lie on table one day.

By Messrs. McElreath, Brown and Alexander, of Fulton-
A resolution relative to the widening of Peachtree street.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
The Committee on Corporation has had under consideration the following bills of the House, and request me as their Chairman to report the same back to the House with the following recommendations:
House Bill No. 672. A bill to incorporatp the town of Brooks, Fayette County, do pass.
House Bill No. 730. To incorporate the ti)W"D of Carnegie, Randolph County, do pass.

370

JOURNAL oF THE HousE.

House Bill No. 857. To amend the charter of Fairburn, Cnmpbell County, do pass.
House Bill No. 875. To amend the charter of Camak, Warren County, do pass.
House Bill No. 867. To amend the charter .,f Statham, Jackson County, do pass.
House Bill No. 878. To incorporate the town uf Ellenton, Colquitt County, do pass.
House Bill No. 880. To confirm the charter righb of Decatur, DeKalb County, do pass.
House Bill No. 881. To re-incorporate the town of Kirkwood, DeKalb County, do pass.
House Bill No. 882. To amend the Act incorpO rating_ the town of Pineview, Wilcox County, do pass.
BuTT, Chairman.

Mr. Heard, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:
Committee on Banks and Banking having had under consideration House Bill827 and have instructed me as their Chairman to report the bill with recommendation that it do pass.
HEARD, Chairman.

MoNDAY, JuLY 11, 1910.

371

On motion of Mr. Sheppard, of Sumter, the House reconsidered its action in _refusing to pass House Bill No. 788 July 8th, 1910.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

By Mr. Tarver, of -Whitfield-
A bill to increase the number of terms of the Superior Court of Whitfield county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 117, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Hatfield, of Coffee-
A bill to amend an Act to create the City Court of Douglas.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.

372 .

JOURNAL OF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Henderson, of Turner-

A bill to amend an Act to establish the City Court of Ashburn.
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. Adams, of Hall-

A bill to amend an Act to establish the City Court of Hall county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109, nays, 1.
The bill having received the requisite Constitutional majority was passed.

MoNDAY, JuLY 11, 1910.

373

By Mr. Jones, of Meriwether~
A bill to amend an Act to create the City Court of Greenville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 119, nays 1.
The bill having received the requisite Constitutional majority was passed.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following House bills, to-wit:
A bill to make it unlawful to run traction engine!:! in Thomas and Grady counties.
A bill to define water lot No. 19 m the City of Columbus, Muscogee county.
A bill to amend the charter of the town of Leslie, in the county of Sumter.
A bill to amend an Act to create a Board of Commissioners for the county of Liberty.

37 4

JOURNAL oF THE HousE.

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

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit.
A bill to repeal an Act to incorporate the town of Crawford in the county of Oglethorpe.
A bill to change the time of holding the Superior Court of Marion county.
A bill to establish a City Court for the City of Cuthbert in the county of Randolph.
Mr. McFarland, Chairman of the Enrollment Committee, submitted the following report:

Mr. Speaker:
The Enrollment Committee has examined and found properly enrolled, duly signed and ready for delivery to the Governor the following Act, to-wit:
An Act to confirm the title to water lot No. 19 in the City of Columbus in the Eagle and Phcenix Mills.
Respectfully submitted,,
McFARLAND, Chairman.

MoNDAY, JuLY 11, 1910.

375

Under the head of unfinished business the following resolution was taken up for further consideration, to-wit:

By Mr. Slade, of Muscogee-
A resolution providing for the ratification of the amendment to the Federal Constitution providing for an income tax.
By unanimous consent the above resolution was made a special continuing order and was made to displace the granting of unanimous consents for the first half hour of the session tomorrow morning. The Speaker to recognize members for the purpose of unanimous consents immediately after the disposal of the above resolution.
By unanimous consent the session was extended for 15 minu~es for the purpose of reading House bills a first time and Senate bills a first time.
By unanimous consent Messrs. Adams, Hill, Kennedy and Persons were granted permission to be recorded as voting "aye" on the above resolution when the same should come to a vote.
The following bills were read the first time, towit:

376

JouRNAL OF THE HousE.

By Messrs. Alexander, of DeKalb; Hall, of Bibb-

A bill to repeal all laws authorizing persons or corporations to condemn water powers, etc.
Referred to Committee on General Judiciary.

By Mr. Garlington, of Richmond-
A resolution relative to the publication of the laws of session 1910.
Lie on table one day.

By Mr. Anderson, of Chatham-
A bill to amend Section 1882, Volume 2, of the Code of 1895.
Referred to Committee on General Judiciary.

By Messrs. Anderson, Lawrence and McCartey, of Chatham-
A bill to amend Acts authorizing the establishing of farms as places of confinement of certain prisoners.
Referred to Committee on Penitentiary,

MoNDAY, JuLY 11, 1910.

377

By Messrs. Anderson, Lawrence and McCarthy, of Chatham-

A bill to authorize County Commissioners to protect public ways, etc.
Referred to Committee on Roads and Bridges.

By Messrs. Heard & Beacham, of Dooly-
A bill to amend an Act to incorporate the town of Unadilla.
Referred to Committee on Corporations.

By Messrs. Moss and Daniel, of Cobb-
A bill to amend the charter of the town of Powder Springs.
Referred to Committee on Corporations.

By Messrs. Moss and Daniel, of Cobb-
A bill to ereate a system of public schools for town of Powder Springs.
R' eferred to Committee on Education.

378

JOURNAL oF THE HousE.

By Mr. Henderson, of Irwin, et al.-
A bill to appropriate $10,000 to the State Board of Entomology.
Referred to Committee on Appropriations.

By Mr. Anderson, of Chatham~ A bill to create a State Bureau of Highways. Referred to Committee on Roads and Bridges.

By Messrs. Anderson, Lawrence and McCarthy, of Chatham-
A bill to authorize County Commissioners of certain counties to adopt regulations permitting tax payers to pay county taxes quarterly.
Referred to Committee on Ways and Means.

The following Senate bills were read the first time, to-wit:

By Mr. Irwin, of 11th district-
A bill to create a City Court for the City of Cuthbert.
Referred to Committee on Special Judiciary.

:MONDAY, JULY 11, 1910.

379

By Mr. Gordy, of 24th district-
A bill to change the time of holding the City Court of Marion county.
Referred to Committee on Special Judiciary.

By Mr. Stephens, of 30th district-
A bill to repeal an Act to incorporate the town of Crawford.
Referred to Committee on Special Judiciary.

Leave of absence was granted Mr. McCutcheon, of Heard.

The Speaker then announced the House adjourned until 9 :30 o'clock tomorrow morning.

380

JouRNAl, OF THE HousE.

ATLANTA, GEORGIA,
Tuesday, July 12, 1910.
The House met pursuant to adjournment at 9 :30 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 tha reading of the Journal of yesterday'J3 proceedings were dispensed with.
ATLANTA, GA., July 11, 1910.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Blackburn:

Mr. Speaker:
His Excellency, the Governor, has approved the following bills:
An Act to create a Board of Commissioners of .Roads and Revenues for Clayton county.
An Act to put into force the Constitutional amendment .providing for the payment of pensions to the widows of ex-Confederate soldiers.

TuESDAY, JuLY 12, 1910.

381

A resolution providing for the payment of the expenses of the Committees appointed to act after the session of 1909.
A resolution to repay W. C. Allen, oil inspector &t Wrightsville.
An Act to require cotton seed meal to be branded according to grade and quality.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

llfr. Speaker:
The Senate has adopted by a requisite Constitutional majority the following resolution of the Senate, to-wit:
A resolution proposing to ratify an amendment to the Constitution of the United States providing for . the levy and collection of an income tax.
The following telegram was read:
AMERICus, GA., July 12, 1910. JoHN N. HoLDER,
Speaker House Representatives, Atlanta, Ga.:
Have me recorded aye income tax resolution. P. T. McCuTCHEN.

382

JOURNAL oF THE HousE.

The Speaker ruled that a vote on any question by telegram could not be recorded for the reason that the telegram could have been sent by some other party and stated further that if it were allowed it would be difficult to keep a quorum at the capitol.
As unfinished business the following resolution was taken up for further consideration, to-wit:

By Mr. Slade, of Muscogee-
A resolution providing for the ratification of an amendment to the United States Constitution providng for an income tax.
Mr. Edwards, of Walton, moved that the previous question be ordered at 10 :30 o'clock this morning.
Mr. Fullbright, of Burke, moved as a substitute that the previous question be ordered at 11:30 a. m., which was adopted.
The motion of Mr. Edwards was then adopted by substitute.
Mr. Johnson, of Bartow, asked the unanimous consent of the House to be recorded as voting aye on the passage of the above resolution when the same should come to a vote as at that time he would be compelled to be absent from the hall, which was granted.

TuEsDAY, JuLY 12, 1910.

383

By unanimous consent the time for the call of the previous question was extended for the purpose of allowing Mr. Ellis, of Bibb, to conclude his remarks.
The previous question was then called.
The original resolution was read the third time.
The substitute offered by Mr. Alexander, of DeKalb was read and adopted.
On the passage of the resolution by substitute Mr. Hall, of Bibb, called for the ayes and nays which call was sustained and on taking the ballot viva voce the vote was as follows :

Those voting in the affirmative were Messrs.:

Adams Alexander of DeKalb Alexander of Fulton Allen Alley Anderson of Bnllock Armistead Atherton Atkinson Ault Bailey Bake: Barrett Bell Berry Booker Brinson of Decatur Brinson of Emar:uel Brown of Carroll

Brown of Henry Brown of Murray Butt Buxton Carswell Carter Chandler Childs Converso Cooke Cordell Cowan Culberson Cureton Dickson Drawdy F.dwards Elder Ellison

English Evans Faircloth Fender Field of DeKalb F'ord Gastley a;ms Graddick Griffin of Twiggs Guyton Hall Ifardwnan of Jeffs 'n H :<rdman of Jackson Harrington Hatfield Helms Henderson of Turner Hendricks

384

JouRNAL OF THE HousE.

Hill

Miller of Ware

Shirley

Holder of Floyd

Milikin

Simpson

Hullender

MooN

Slade

Huie

MacFarland

Smith of Tattnall

Johnson of Bartow Macintyre

Stovall

Johnson of Jeff Davis McCarthy

Strong

Joiner

McConnell

'l'arve:

.Tones of Laurens

McCurry

Tippins

.hues of Meriwether McMahan

rracey

J"ones of Mitchell

:McMichael of Butts 'rurner

Keith

l\fcMichael of Marion Turnipseed

Kendrick

McWhorter

Fpshaw

Kennedy

Olive:

Vinson

Kicklighter

l'aulk

Waddell

Kidd

Persona

Walten

Kirby

Pickett

Wasden

Lewi1

Porte:

Watkin.!

Littleton

Prooctor

White of Screven

Lord

Reaves

Whiteley

Lovejoy

Redding

Wight of Grady

::\fartin

Heid of Campbell

Wood

Meadows of Toombs R~:ntz

Wright of Floyd

Miller of Calhoun Sheppard

Those voting in the negative were Messrs.:

Anderson of Chatham Goodley

Barksdale

Harvey

Beacham

Heard

Boyd

Henderson of Irwin

Burch

J [,Jltzclaw

Calbeck

Howell

Cannon

Hubbard

Couch

.l ohnson of Towns

Daniel

Kelley

Davis

Lawrenc~

Edmondson

Meadows of Telfair

Ellis

1\'ios.l

Fields of Crisp

l\IeArthur

Fullbright

McCrory

Garlington

McElreath

Parker of Talbot Peacock Pierce Pope Reese Hobertl Rosse? 8immon!} Hmith of Gilmer Smith of Walton Stubbs of Putnam 'l'uggle William I \Vohlwender

TuESDAY, JuLY 12, 1910.

385

Those not voting were Messrs; :

Bagley Brown of Fulton Gtiffin of Sumter Middlebrook9 Minte:

Mitchell McCutchen Parker of Decatur Prico Reid of Macon

Rogers Stubbs of Thomas
\V.oodlif~
Wright of Stewart M:. >3pt>aket

The roll cail was verified and on counting the votes it was found that the ayes were 125, nays 44. The resolution was therefore adopted by substitute.

Leave of absence was granted Mr. Bagley, of Chattahoochee; Mr. Johnson, of Bartow.

The Speaker then announced the House adjourned until 9 :30 o'clock tomorrow morning.

h-13

386

JOURNAL oF THE HousE.

ATLANTA,, GEORGIA,
WEDNESDAY, July 13, 1910.
The House met pursuant to adjournment at 9 :30 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.
By unanimous consent the following bills were read the third tiine and put upon their passage, towit:
By Mr. Carswell, of \Vilkinson-
A bill to amend Section 982, Volume 2 of the Code so as to create a State Depository in the town of Gordon.
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 Cow;;titutional majority was passed.

.WEDNESDAY, JULY 13, 1910.

~387

By Messrs. Porter, Wright and Holder, of ~..,loyd-
A bill to amend an Act to create the City Court of Floyd county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. ~..,ord, of Worth-
A resolution to refund $210 to J. C. Rogers as bondsman for Eddie Harris.

Mr. Fullbright, of Burke, offered the following amendment which was adopted:

To amend by striking all of said resolution after the word ''that'' in 6th line from the end thereof and inserting the folowing words: ''The county authorities of Worth 'county be and they are hereby authorized to pay the said J. C. Rogers the sum of two hundred and ten ($210.00) dollars out of the fund arising from the fines and forfeitures in the City Court of Sylvester, to reimburse him for the sum so paid by him on account of said bond."

388

JOURNAL m THE HousE.

The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 110, nays, 0.
The resolution having received the requisite Constitutional majority was passed as amended.
By unanimous consent the following bills were read the first time, to-wit:
By Mr. Hardeman, of J effersou~
A bill to amend an Act to prevent the misbranding and adulteration of foods, etc.
Referred to Committee on Hygiene and Sanitation.
By Mr. Rosser, of Walker-
A resolution to determine whether the Governor has the authority to call out the militia at the request of private persons.
Lie on table one d~ty.
By Messrs. Alexander, of DeKalb; Smith, of Gilmer; Butt, of Fannin-
A resolution touching the rights of certain citizens of Georgia who are litigants before the courts of Tennessee.

\VEDNESDAY, JuLY 13, 1910.

389

Referred to Committee on Counties and County Matters.

By Messrs. Tuggle and Lovejoy, of Troup-
A bill to amend an Act to create a new charter for the town of Hogansville.
Referred to Committee on Corporations.

By Messrs. Tuggle and Lovejoy, of Troup-
A bill to amend an Act to authorize the town of Hogansville to issue bonds for water works, electric lights, etc..
Referred to Committee on Corporations.

By Messrs. McConnell and Simpson, of GwinnettA bill to incorporate the town of Lilburn. Referred to Committee on Corporations.

By Mr. Lawrence, of Chatham-
A bill to amend Acts relating to the City Court of Savannah.
Referred to Committee on Special Judiciary.

390

JOURNAL oF THE HousE.

By Mr. Alexander, of DeKalbA bill to amend the charter of Lithonia. Referred to Committee on Corporations.
By Mr. Alexander, of DeKalbA bill to amend Section 2166 of the Code of 1895. Referred to Committee on Railroads.

By Messrs. Holder and Hardman, of Jackson-
A resolution to pay the estate of Jessie Carter $60.
Referred to Committee on Pensions.

By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill for increasing the skill and effectiveness of negro farmers.
Referred to Committee on General Agriculture.

By Mr. Barrett, of StephensA bill to amend the charter of the town of Avalon. Referred to Committee on Special Judiciary.

WEDNESDAY, JuLY 13, 1910.

391

By Mr. Barrett, of StephensA bill to amend the charter of the town of Martin. Referred to Committee on Special ,Judiciary.

By Mr. Stubbs, of Putnam-
A bill to elect the Solicitor of the County Court of Putnam County by the people.
Referred to Committee on Special Judiciary.
By Mr. Huie, of Clayton-
A bill to repeal an Act creating the City Court of Fayetteville.
Referred to Committee on Counties and County Matters.
By Mr. Lewis, of Hancock-
A bill to amend an Act to amend an Act to create a system of Public Schools for the town of Sparta.
Referred to Committee on Education.

By Messrs. Brown, Alexander and McElreath, of Fulton-
A bill to pay J. F. Lynch $1,000. Referred to Committee on Appropriations.

392

JouRNAL oF THE HousE.

By unanimous consent House Bills Nos. 584 and 585 were taken from Committee on Constitutional Amendments and referred to General Judiciary Committee, and House Resolution No. 32 was recommitted to the Committee on Public Library.

House Bill No. 402 was recommitted to the Committee on Banks and Banking, by unanimous consent.

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

By Mr. Converse, of Lowndes-
A bill to amend an Act to incorporate the Citizens Bank of Valdosta.

The following resolutions were read, to-wit:

By Messrs. Alexander, Brown and McElreath, of Fulton-
A resolution grantingthe use of the Hom;e of Representatives to the Grand Lodge K. of P. of Georgia, for three days beginning on the third Wednesday in :\i:ay 1911.
Adopted.

WEDNESDAY, JULY 13, 1910.

393

.. By Mr. Butt, of FanninA resolution to amend Rule of the House, No. 177. Referred to Committee on Rules.

By Mr. Fields, of Crisp--
A resolution to make House Bill No. 862 the special order for July 14th.
Referred to Committee on Rules.

By Mr. Brown, of Murray-
A resolution to make House Bill No. 204 a special order.
R.eferred to Committee on Rules.
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 considered the following bills, make report, to-wit:
That House Bill No. 752, to fix salary of Treasurer of Coffee County, do pa~s.

394

JouRNAL OF THE HousE.

That Senate Bill No. 157, to require Ordinary and County Commissioners to pay costs to officers, do pass.
Respectfully submitted,

July 12, 1910.

MAciNTYRE,
Chairman.

Mr. Fullbright, Chairman of Special Judiciary Committee, submitted the following report:
11.[r. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills and instruct me as their Chairman to report them with the following recommendations:
House Bill No. 117, to amend Section 4646 of Code, do pass.
House Bill No. 113, to regulate granting new trials in criminal cases ; do not pass.
House Bill No. 889, to incorporate the town of "Wilborn; do pass.
House Bill No. 890, to amend the charter of Lavonia; do pass.

WEDNESDAY, JuLY 13, 1910.

395

House Bill No. 897, to authorize the authorities of Campbell County to pay cost in certain eases; do raSS.
House Bill No. 803, to abolish the City Court of Calhoun County; do pass as amended.
Senate Bill No. 158, to repeal an Act to meorporate the town of Crawford; do pass.
House Bill No. 740, to establish the City Court of Cuthbert; do not pass.
Senate Bill No. 180, to change the time of holding Hart Superior Court; do pass.
House Bill No. 805, to apportion the Road Fund in C(~rtain counties; do pass as amended.
Senate Bill No. 199, to change the time of holding :Marion Superior Court; do pass.
House Bill No. 834, to prohibit betting on elections; do pass.
House Bill No. 843, to authorize the city of Colum. bus to close certain streets, etc. ; do pass.
House Bill No. 898, to make larceny after trust a misdemeanor in certain eases; do not pass.
House Bill No. 336, to protect certain societies in their badges, etc.; do not pass.

396

JOURNAL oF THE HousE.

House Bill No. 334, to regulate the sale of dangerous explosives; do not pass.
House Bill No. 368, to provide for election to abrogate the levy of school tax; do not pass.
House Bill No. 351, to amend the law against stealing rides on railroads ; do not pass.
House Bill No. 423, to restrict the issuance of warrants in criminal cases; do not pass.
House Bill No. 372, toprohibit the purchasing of old iron, etc., from minors; do not pass.
House Bill No. 395, to provide the payment of cost in certain cases; do not pass.
House Bill No. 444, amend Section 1354 of the Code; do not pass.
House Bill No. 471, to amend the laws governing appeals and certiorari; do not pass.
Senate Bill No. 6, to prohibit giving away trading stamps ; do not pass.
House Bill No. 537, amend Section 1120 of Code; do not pass.
Respectfully submitted,
FuLLBRIGHT,
Chairman.

WEDNESDAY, JULY 13, 1910.

397

l\fr Alexander, of DeKalb, Chairman of the Committee on the affairs of the Western & Atlantic Railroad, submitted the following report:

Mr. Speaker:
Your Committee on the affairs of the \~VeRtern & Atlantic Railroad, have had under consideration House Resolution .No. 105, by Mr. Turnipseed, of Clay, the same relating to certain lands in Tennessee said to be held adversely to the State, and.instruct me as their Chairman to report the same back to the House with the recommendation that it do pass by substitute, the substitute being herewith brought into the House.
Your Committee have also had under consideration House Bill No. 863, by Messrs. Brown, McElreath and Alexander, of Fulton, the snme relating to proposed improvements to be erected on property of the State in Atlanta, and in~truct me as their Chairman to report the bill back with the recommendation that :!00 copies be printed for the use of the House and of the Committee and that thereupon the bill be recommitted.'
HooPER ALEXANDER,
Chairman.

Mr. Brown, Chairman of Committee on Hygiene and Sanitation, su~mitted the following report:

398

JOURNAL oF THE HousE.

Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration House Bill No. 866; an Act to extend the work of suppression of contagious diseases of live stock in the State of Georgia, and for other purposes, and instruct me as their Chairman to report same back to the House, with a recommendation that same do pass.
GEo. BRowN,
Chairman.
Mr. Guyton, Chairman of the Committee on Military Affairs, snbmitted the following report:

Mr. 8peaker:
Your Committee on Military Affairs had under consideration Ho~se Resolution No. 184, and I was instructed as their Chairman, to report the resolu. tion back to the House with the recommendation that same do not pass.
c. T. GUYTON,
Chairman.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following repo_rt:

'YEDNESDAY, JULY 13, 1910.

399

Mr. Speaker:
Your Corporations Committee has had under consideration the following House and Senate Bills, and request me as their Chairman to report the same back to the House with the following recommendations:
House Bill No. 854, to amend charter of Unadilla, Dooly County. Do pass.
House Bill No. 652, to incorporate city of Helena, Telfair County. Do pass.
House Bill No. 892, to amend charter of Waycross, "\Vare County. Do pass.
House Bill No. 899, to amend charter city of Americus, Sumter County. Do pass.
House Bill No. 900, to amend charter of city of Americus, Sumter County. Do pass.
House Bill No. 908, to amend charter of Unadilla, Dooly County. :C c pass.
House Bill No. 891, to amend charter of Newnan, Coweta County. Do pass.
House Bill No. 895, to amend charter of Milltown, Berrien County. Do pass.
House Bill No. 879, to ereate new charter town of Luthersville, Meriwether County. Do pass.

400

JOURNAL oF THE HousE.

House Bill 886, to incorporate the town of Oakhurst, DeKalb County. Do pass.

House Bill No. 910, to amend charter of Powder Springs, Cobb County. Do pass.

Senate Bill No 166, to establish and maintain a system of electric lights, Buena Vista. Do pass.

Senate Bill No. 167, to authorize the issue of waterworks bonds for the town of Buena Vista. Do pass.

Senate Bill No. 171, to provide for control of cemeteries in counties having population of 125,000 and over. Do pass.
Senate Bill No. 186, to incorporate the town of Uvalda, Montgomery County. Do pass.

Senate Bill No. 174, to incorporate the town of Jasper, Pickens County. Do pass as amended.

BuTT,
Chairman:

Mr. McFarland, Vice-Chairman of the Committee on Enrollment, submitted the following report:

-WEDNESDAY, JULY 13, 1910.

401

llfr. Speaker:
The Committee on Enrollment has examined and found properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to-wit:
An Act to amend Acts incorporating the town of Leslie, Sumter County, Georgia.
An Act to make it unlawful to run traction engines on the public roads of Thomas County.
An Act to amend an Act to create a Board of Commissioners for the County of Liberty.
Respectfully submitted,
McFARLAND,
Chairman.

On motion of Mr. Barrett, of Stephens, House Bill No. 75 was tabled.
By unanimous consent House Bill No. 766 was recommitted to the Special Judiciary Committee.
The following resolution was taken from the table by tmanimous consent and adopted, to-wit:

402

Jm;RNAL OF THE HousE.

By Mr. Slade, of Muscogee-
A resolution exonorating Mr. Hardeman, of Jefferson, and Baker, of Lumpkin, from a newspaper charge of filibustering on the Compulsory Education bill.
The following resolution was read, to-wit:

By Mr. McElreath, of Fulton-
A resolution to make House Bill No. 710 a special order.
Referred to Committee on Rules.
The following bill, a special order, was read the third time, to-wit :

By, Messrs. Johnson, of Towns, Huie, of Clayton-
A bill to amend Paragraph 1, Section 2, Article 3, of the Constitution, so as to increase the number of the Senatorial Districts of this State.
On motion of Mr. Barrett, of Stephens, the a'bove bill was tabled.
On motion of Mr. Alexander, of DeKalb, House Bill No. 863 was recommitted to the Western & Atlantic Railroad Committee, and 200 copies were ordered printed for the use of the House..

WEDNESDAY, JuLY 13, 1910.

403

The following communications were read:
To the Members of the General Assembly of the
State of Georgia at its regular session for 1910:
At a regular meeting of the Farmers' Union, Harmony Local No. 1764, Fannin County, State of Georgia, passed the following resolutions:
(1) Resolved, That whereas, the Ducktown Sulphur, Iron and Copper Companies, located just over the line on the Tennessee side from the State of Georgia, have for many years last past., discharged upon the citizens of Fannin and adjoining counties, without cessation, poisonous fumes and gases by the operation of these mines with deadly effect to the growing crops of our fields, our forests, our orchards and our gardens, apd, indeed, to every form of vegetation growing in our soil, still worse than all it destroys the productive elements of the soil, leaving it lifeless and barren and worthless to cultivation.
(2) Resolved, That whereas, this dangerous stretch of illegal and criminal outrage to our rights and property is in open violation and defiance of the law of the land, turned loose upon the citizens of this section of Georgia with unabated force and without let or hindrance carrying on its work of devastation and ruin to our homes, our property, our rights, and our liberties and all that we hold dear or make life worth the living.

404

JouRNAL OF THE HousE.

(3) Resolved, That in view of these facts we ask the General Assembly of the State of Georgia at its next session, without further delay, to pass such necessary measures of relief as will forever set us free from such abuses, wanton wrongs and aggres~ion and restore to us our homes, our rights and liberties to which we are entitled as citizens of the Ntate of Georgia and of the United States and rights whieh they are in duty bound to protect and defend.
(4) Resolved, That a copy of these resolutions be sent to The Farmers' Union News, to his excel.lency, Joseph M. Brown, Governor of the State, and to the President of the State Senate and to the Speaker of the House of Representatives, and we earnestly insist upon the legislation asked for in the above stated ease, with all confidence, believing it to be just and right and that it will be one of t~e greatest importance ever enacted by any legislative assembly for the State, especially for this section, where so much interest is at stake and so many rights of such vital importance are involved; we feel that it will be a righteous act in the interest and welfare of a much abused and down-trodden people of this section of the State of Georgia. All of which we respectfully submit to your earnest consideration. Read and unanimously adopted, May 21, 1910.
E. J. McCLuRE, President.
HoMER L. McCLURE,
Secretary-Treasurer.

WEDNESDAY, JuLY 13, 1910.

405

ATLANTA, GA., July 7th, 1910.
To the Honorable John N. Holder, Speaker, and
Gentlemen of the Hou,se of Representatives.
HoNORED Sms: We, the officers of the Georgb Poultry Association, respectfully call your attention to the following facts concerning the poultry interests of Georgia, and ask that you give this pet j. tion your careful consideration:
For years this highly important industry l1a:o. received little or no attention from the State, a}l(l, while other States-those bordering on Georgia~ <illd those in other parts of the Union, have been encouraged and aided by large appropriations of money for the establishment of schools, anu ewn colleges where poultry breeding is taupltt, Georgia has never issued a Poultry Bulletin. The existence of such a deplorable state of affairs has almost paralyzed the great interest. As no pou1try statistics have been published since 1898-1899, we really do not know where we stand in regard to the poultry aml egg product of the State; but deem careful estimate~ made by poultry men and others, we are to-day drawing on Tennessee for at least 30 to 40 per cent. of the poultry and eggs consumed in the State. Now, because of our lack of statistics, comparisons with other States are of course useless, but we know that in very many of the States large sums of money are appropriated to keep schools of poultry open during the entire year, where people of all classes are now

406

JOURNAL oF THE HousE.

being taught free of charge how to raise poultry and then how best to treat them so that they will produce the greatest possible number of eggs and chickens.
The Georgia Poultry Association is in possession of the history of many of these educational plants and the bulletins issued by them, which we will submit at the proper time for your examination, and which we feel quite sure, will cause every member of . the Senate and of the House to vote in favor of the bill soon to be presented to you for your consideration.
After a careful examination by expert poultry men, some of them now operating large, and others of them small poultry plants, as to the cost of a complete experimental plant similar to those in successful operation in other States. We have determined to ask for the least possible amount that will be re~ quired to get the plant quickly in operation. We, therefore, respectfully ask for an appropriation of $10,000.00 a year.
This amount, so far as we have been able to ascer~ tain, is far less than that appropriated by any other State that has a Poultry Department in operation. This we are able to prove from documents now in our possession and which will be presented to you at the proper time.
It is of course, gentlemen, impossible in this petition to set this important matter before you in its proper light, this will be fuJ.ly set forth hereafter,

. \YEDNESDAY, JULY 13, 1910.

407

but, gentlemen, we ask that you give this highly important matter your careful and pr;ompt attention, so that the plant can be quickly put in operation.
Respectfully, H. G. HAsTINGs, President. M. F. MoRRis, 1st Vice-President. JULIAN McCAMY, 2nd V-Pres., Dalton, Ga. DR. R. B. CALLAHAN, 3rd V-Pres., East Point, Ga.
DR. w. B. HARDMAN, 4th V-Pres., Commerce, Ga.
J. M. KARWISH, Treasurer.
C. 0. HARWELL, Secretary.
S. W. BACON, JR., Assistant Secretary. ALF BERTLING, Superintendent. \V. V. ZIMMER, Chairman. LoRING BRowN,
w. R. ALLARD,
JoHN Low SMITH, WM. J. LLOYD,
c. H. LEDFORD,
RAINEY M~LLER .
.Respectfully submitted by the undersigned Committee:
JEHU G. PosTELL, Chairman.
s. w. BACON, JR.,
GEORGE B. FIFE,

408

JouRNAL o.F THE HousE.

UNION CITY, GA., July 12, 1910.
HoN. JoHN M. HoLDER,
Spea.ker House of Representatives, Atlanta, Ga.
DEAR Sm: We desire to express our appreciation for the action taken by the House of Representatives on the Income Tax Amendment to our Federal Con:,:titution.
Yours respectfully,
THE FARMERs' UNION NEws,
R. F. DucKwoRTH, Editor.

Mr. Hall, Chairman of Committee on General .Tudiciary, submitted the following report:

Jl.1r. Speaker:
Your Committee on General Judiciary 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 that all property, without lawful owner, shall belong to the State.

WEDNESDAY, JULY 13, 1910.

409

A bill to amend Section 813, Code 1895, relative to appointment of Jury Revisers.
Also the following bill of the House with the recommendation that same do pass as amended, towit:
A bill to amend Section 574, Code 1895, relative to road duty in ~White County.
Respectfully submitted,
J OS. H. HALL,
Chairman.

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

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following Senate bills, to-wit:
A bill to create the City of Cuthbert, in lieu of the Mayor and Council of Cuthbert.
A bill to amend an Act to provide for the accept. ance by the State of the "Confederate Soldiers Home of Georgia.''

410

JouRNAL oF THE HousE.

The Senate has adopted the following Senate Res~ olutions, in which the concurrence of the House is respectfuHy asked, to-wit:
A resolution approving the ''Worlds Panama Exposition" and endorsing New Orleans, La., as the logical location for the same.
A resolution providing for a joint Committee of two from the Senate and three from the House of Representatives, to report to the next General Assembly, a proper place for the keeping of the States two engines, the ''Texas'' and the ''General,'' and that the Governor take such steps as may be necessary for their preservation.
The following is th~ Committee on part of the Senate under this resolution:
Senators Longley and Rudicil.
The fo1lowing communications were read:
At a regular meeting of the Farmers Union of Fannin County, and State of Georgia, held at Mineral Bluff on the 2nd day of July, 1910, having read and considered in detail the resolutions passed by the Harmony Local No. 1764, heartily indorse every allegation and complaint therein set forth, in regard to the destructive effects which the poisonous fumes and gases, discharged from the Ducktown Copper Mines are playing upon the rights and property of the people of this section of the State of Georgia.

\VEDNESDAY, JULY 13, 1910.

411

Resolved, Tha:t in view of these facts and the dangerous situation consequent to our homes and property, by reason of these destructive elements being turned loose upon us with increasing intensity as time goes on with greater force and more damaging effects to the health and well being of our people as well as to the whole plant life of every form growing in our soils.
We desire to make known to the General Assembly of the State of Georgia, that since the passing of said resolutions by the -Harmony Local, that on the l 6th day of June last past, these Ducktown Iron,Sulphur and Copper Companies turned loose these poisonous fumes and gases unrestrained and without let or hinderance contaminating the atmosphere and enveloping the whole country in a dense cloud of smoke and gases hanging over and around us unbroken and unabating up to the 26th of June, causing death and destruction to every kind of plant life growing in our soil within the circuti of this dangerous foe, and doing irreparable injury to our rights and property and terrorizing to our people and destroying our homes and means of living and unless the proper authorities take immediate action for our relief from this lawless destruction to our homes and property we are soon to be left homeless.
Resolved, That the trees of our forests and all kinds of crops of our fields and gardens and fruits of our orchards, at this moment bear unalloyed testimony to the truth of these assertions and we hereby

412

JoURNAL oF THE HousE.

appeal to every patriotic and liberty~loving member of the General Assembly of the great State of Georgia to pass such measures for our relief from these grievances before the adjournment of the present session as will forever obviate the necessity for our calling upon another Legislature to remove from us this enemy to our existence.

Do this and every good citizen in this smoke infected and infested region will rise in one voice of acclamation in greatful thanks and say "well done." "\Ve have paid the price for our protection unde_r the law and we ask only this and nothing more. Grant it and we are satisfied.

Resolved, That a copy of these resolutions be sent to his excellency, Joseph M. Brown, Governor of Georgia, to the Speaker of the House of Representatives and to the Attorney-General for the State.
Read and unanimously adopted.
JoHN R. DILLS,
President.
T. w. DAVIS,
Secretary.

.WEDNESDAY, JULY 13, 1910.

413

AMERicus, GA., July 11, 1910.
SPEAKER JOHN HoLDER,
House Representatives, Atlanta, Ga.
The following resolution introduced hy w. Trox
Bankston, editor of the West Point News, prevailed unanimously:
"Resolved, That it is the unanimous desire of the Weekly Press Association, in Convention assembled, at Americus, that' the stigma of ignorance that is a blot on the fair name of the Empire State of the South be removed by the enactment of the Compulsory Educational Bill now pending in the Georgia Legislature and that we urge its unanimous passage by our representative body of intelligent law makers now in session in Atlanta.''
w. A. SHACKELFORD,
Secretary Georgia Weekly Press Association.

The following resolution was read, to-wit:

By Mr. Littleton, of Richmond-
A resolution to make House Bill No. 221 the spe, cial order for July 15.
Referred to Committee on Rules.

414

JoURNAL OJ<' THE Hou~E.

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

By Mr. Elder, of Oconee-
A resolution to pay a pension to Mrs. Martha Crow.
Referred to Committee on Pensions.

By Mr. Fullbright, of Burke---:A bill to provide for purchase of Georgia Reports. Referred to Committee on Special Judiciary.

By Mr. Peacock; of PulaskiA bill to abolish the City Court of Pulaski county. Referred to Committee on Special Judiciary.

By Messrs. Littleton, Garlington and Pierce, of Richmond-
A bill to amend an Act to authorize street railway companies, etc., to acquire by purchase or otherwise the stock and property rights of like companies.
Referred to Committee on Corporations.

WEDNJo.:::mn:, JuLY 13, 1910.

415

By unanimous consent House Bills Nos. 63 and 75 were taken from the table and placed on the Calendar.
On motion of Mr. Anderson, of Chatham, Senate BiU No.3, providing for biennia] sessions was tabled.
The foUowing Senate bil1s were read the third time and put upon their passage, to-wit:

By Mr. MeWi11iams, of 34th district-
A bill to a1low County Boards of Education to borrow money to pay salaries of public school teachers.
The fo11owing amendment was adopted.

By Mr. Edwards, of Walton-
To amend Section 1 by adding at the end thereof the following proviso: "Provided, That no Board of Education shal1 have authority under this Act to borrow a sum of money greater in. the aggregate than the sum to which the county may be entitled from the public school fund."
The favorable report of the Committee was agreed to as amended.
On the passa-ge of the bill the ayes were 127, nays, 5.

416

JouRNAL OF THE HousE.

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

Mr. Alexander asked leave of absence for the W. & A. R. R. Committee to go on inspection trip over
the W. & A. R: R. which was granted.

Mr. Alexander then moved that any members of 1he House who desired to accompany the Committee on its tour of inspection should do so at the expense of the State and as a member of the Committee, which motion was lost.
Mr. Alexander again made the motion as stated above and Mr. Reid, of Campbell, called for the ayes and nays which call was sustained and the vote was as follows:

Those voting in the affirmative were Messrs.:

AlexandN of DeKalb Dickson

Littleton

Allen

Edmondson

1\f,eadows of Telfair

Barksdale

Ellison

:Meadows of Toombs

Ba.ket

}'ield of DeKalb

Milikin

Beacham

Fields of ('risp

Macintyre

Bell

Ford

:McConnell

Be.rry

Guyton

MclVialw.n

Brinson of Decatur Hardeman of .J pffs 'n Olive:

Brown of Carroll

Harrington

J'arke,r of Talbot

Brown of Murray Hatfield

Personn

Calbeck

Holtzclaw

Pickett

Chandler Childs

Hubbard lfullender

Pierce Pop a

Conn.>rso Cordell

;rohnson of .Jeff Dads Proctm

.Johnson of Towns

Reaves

CulbPrson

.Tones of Lamens

Rosser

Cureton

Kt>ndrick

Shirley

WEDNESDAY, JuLY 13, 1910.

417

Simpson Slade Smith of Tattnall Smith of Walton Stovall

Tracey Turnipseed Walters Wasden

Wbiteley Wight of Grady Wood
"\%~dlifl

Those voting in the negative were Messrs.:

Alley

Griffin of Twiggs

l\l.cMichael of Butts

Anderson of Bullock Hardman o~ Jackson :McWhorter

Anderson of Chatham Helms

Paulk

Armistead

Henderson of Irwin Porte?

Atkinson

Henderson of Turner Prioo

Ault

Hendricks

Redding

Barrett

Hill

Reese

Booker

Huie

Reid of Campbell

Brinson of Emanuel .Joiner

Robert~

Brown of Henry

.Tones of Meriwether Sheppard

Burch

Keith

s;mmons

Butt

Kelley

Smith of Gilmer

Buxton

Kidd

Stubbs of Putnam

Carswell

Kirby

'l'arvez

Carter Cooke Davis Drawdy Edwards Elder English Evans Faircloth

Lewis Lord Lovejoy .Martin Miller of Calhoun Miller of Ware Mitchell Mooro
~.los1

Tippins Tuggle 'l'urner Upshaw . Vinson Waddell Watkinn William1 \V';0hlwende1

Fullbright

MacFarland

Wright of Flo)d

Gastley

~icUrory

Graddick

McUurry

~Those not voting were Messrs. :

Adams Alexander of Fulton Atherton Bagley Bailey

Eoyil Brown of Fulton Cannon Couch Cowan

Daniel Ellis Pender Garlington Gillis

h-14

'418

JOURNAL OF THE HousE.

Godley GTiffin of Sumter Hall Harvey Heard Holder of Floyd Howell Johnson of Bartow Jones of Mitchell Kennedy

Kicklighter

Peacock

Lawrenc0

Reid of Ma<'on

Middlebrooks

Rent::

Minte1

Rogen

:McArthm

Stron~

:McCarthy

Stubbs of Thomas

McCutchen

White of Screven

McElrt>ath

\\'!right of Stt>wart

McMichael of Marion lV~:. 8peake:

Parker of Decatur 1

The roll call was verified and on counting the votes cast it was found that the ayes were 64, nays, 76. The motion was therefore lost.

On motion of Mr. Wright, of Floyd, the Chairman of theW. & A. R. R. Committee was a11owed to designate any member of the House to fill the place on the Committee of any member .who could not go on the inspection tour.

The following Senate resolution was rea~, to-wit:

By Mr. Jackson,' of 21st district-
A resolution to ratify an amendment to the Constitution of the United States providing for a tax on mcomes.
Lie on table one day.
Mr. Garlington, of Richmond, m<Jved to adjourn which motion prevailed and the Speaker announced the House adjourned until 9 :30 o'clock tomorrow morning.

rl'HUBSDAY, JULY 14, 1910.

419

ATLANTA, GEoRGIA,
THURSDAY, July 14, 1910.
The House met punmant to adjournment at 9:30 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.
By unanimous consent the following bills were read the first time, to-wit:
B~ Mr. Meadows, of Telfair-
an A bill to amend Act to incorporate the town of
Helena.
i
Referred to Committee on corporations.
By Mr. Meadows, of Telfair-
A bill to require county officers of Telfair county to give bond with some guaranty company as security.
Referred to Committee on Counties and County Matters.

420

JouRNAL oF THE HousE.

By Mr. Roberts, of Dodge-

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

By Mr. Brown, of Carroll-
A bill to amend and consolidate the Acts to incorporate the town of Bowden.
Referred to Committee on Corporations.

By Mr. Miller, of Calhoun-
A biB to amend an Act to incorporate the Cjty of Edison.
I
Referred to Committee on Corporations.

By Messrs. Alexander, Brown and McElreath, of
~.,ulton-

A bill to amend an Act to repeal laws to incorporate town of Manchester.
Referred to Committee on Corporations.

THuR:,;DAY, JuLY 14, 1910.

421

By Mr. Alexander, of DeKalb-
A bill to regulate the employment of minors m the messenger service.
Referred to Committee on General Judiciary.

By Messrs. McElreath and Brown, of Fulton-
A bill to amend an Act to create a new charter for Atlanta.
Referred to Committee on Special Judiciary.

By ~Ir. Atkinson, of Morgan.-
A bill to amend an Act to create a new charter for the city of Madison.
Referred to Committee on Special Judiciary.

By Mr. Moss, of Cobb-
A bill to appropriate $2,000 for the completion of the Confederate cemetery at Marietta.
Referred to Committee on Appropriations.

Ry Mr. Miller, of CalhounA hill to amend Section 982, Volume l, of the Code

_4')'_),

JouRNAL oF THE Hou::;E.

so as to create a State Depository in the town of Edison.
Referred to Committee on Banks and Banking.

By Mr. Lewis, of Hancock-
A bill to make it unlawful for any person to publish abusive language of another in newspapers, etc.
Referred to Committee on General Judiciary.

By Mr. Moss, of Cobb--
A bill to amend an Act to amend an Act to incorporate the town of Aw.stell.
Referred to Committee on Corporations.

By Mr. Roberts, of Dodge-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Dodge county.
Referred to Committee on Counties and County Matters.

By Mr. Miller, of Calhoun-
A bill to provide a new charter for the town of Arlington.
Referred to Committee on Corporations.

THURSDAY, JuLY 14, 1910.

423

By Mr. Williams, of Madison-
A bill to create a Board of Commissioners of Roads and Revenues for the county of Madison.
Referred to Committee on Special Judiciary.

By Mr. Atkinson, of Morgan-
A bill to repeal an Act to create the County Court of Morgan co.unty.
Referred to Committee on Special Judiciary.

By Mr. Atkinson, of MorganA bill to establish the City Court of Madison. Referred to Committee on Special Judiciary.

By Mr. Williams, of Madison-
A bill to repeal an Act creating the office of Commissioner of Roads and Revenues for the county of Madison.
Referred to Committee on Special Judiciary.

By Mr. Sheppard, of SumterA bi11 to authorize the Countx Commissioners of

424

JOURNAL oF THE HousE.

Sumter county to work public thoroughfares running through the city of Columbus.
Referred to Committee on Counties and County Matters.

By Mr. Smith, of Gilmer-
A bill to make it unlawful to cut timber on lands of another, etc.
Referred to Committee on General Judiciary.

By Mr. Moss, of Cobb-
A bill to amend an Act regulating the time that , railroad charters become dormant.
Referred to Committee on Railroads.

By Mr. Moss, of Cobb-
A bill to prevent the adulteration of soft drinks.
Referred to Committee on Hygiene and Sanitation.
By unanimous consent 200 copies of Senate Bill No. 173 were ordered printed.
By unanimous consent the following bills were read the second time, to-wit:

THURSDAY, JULY 14, 1910.

425

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

By Messrs. Kirby and Couch, of Coweta-
A bill to amend an Act to create a new charter for the city of Newnan.

By Mr. Hatfield, of Coffee-
A bill to fix the salary of the Treasurer of Coffee county.

By Mr. Chandler, of Franklin-
A bill to authorize the city of Lavonia to establish and maintain a system of public schools. By Mr. Chandler, of Franklin-
A bill to incorporate the town of Wilburn.

By Mr. Harvey, of Wilcox-
A bill to amend an Act to incorporate the town of Pineview.

By Mr. Sheppard, of SumterA bill to amend an Act to amend, revise and con-

426

JouRNAL oF THE HousE.

solidate Acts to incorporate the city of Americus so as to extend the corporate limits so as to exclude certain territory.

By Mr. Sheppard, of Sumter-
To amend Aets to incorporate the city of Americus relative to water and lights.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

By Mr. Johnson, of Jeff Davis-
A bill to amend an Act to create the City Court of Hazelhurst.
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 Mr. McWhorter, of Greene-
A bill to amend Section 5182 of the Code of 1895, and for other purposes.

THURSDAY, JULY 14, 1910.

427

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 103, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By. unanimous consent the session this morning was extended for the purpose of reading House bills a first time and House and Sehate bills favorably reported a second time.

By Mr. Ford, of Worth-
A bill to amend an Act to create the City Court of Sylvester.
The Committee proposed the following amendments which were adopted:
To amend by striking all after the word ''except'' in line 10, Section 1, and inserting "the said City Court of Sylvester.'' Also
To amend caption by striking all after word "ex- cept" and insert the words "in the said City Court of SylYester."
The report of the Committee which was favorable to the passage of the bill as amended was agreed to.

428

JOURNAL oF TH~<: HousE.

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 Bills Nos. 444-622 and 623 were recommitted.
Mr. Hall, Chairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary have had under consideration the following bill of the House nnd instructed me, their Chairman, to report same back to the House with the recommendation that same do pass, to-wit:
A bill to adopt Code of Laws prepared by Jno. L. Hopkins.
Also the following bill of the Senate with instructions to request the House to have 200 copies of same printed for use of the House and this Committee.
A bill to regulate the grant of new trials.
Respectfully submitted,
Jos. H. HALL, Chairman.

THURSDAY, JULY 14, 1910.

429

Mr. McCarthy, Chairman of Committee on Labor and Labor Statistics, submitted the following report:

Mr. Speaker:
Your Committee on Labor and Labor Statistics .have had under consideration the following bill 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 a Department of Labor.
Respectfully submitted,
JosEPH McCARTHY, Chairman.

Mr. Chandler, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance have had under consideration the .following bills of the House and instructed IDE;\ as their Chairman, to report same back to the House with the recommendation that same do pass, to-wit:
A bill to provide a stenographer for the Insurance Department of this State.

430

JouRNAL OF THE HousE.

Also the following bill of the House with recommendation that same do pass as amended.
A bill to require Fire Insurance Companies to make deposit with the State.
Also the following bills of the House with the recommendation that same do not pass.
A bill to provide for creation of corporations to do industrial life insurance business upori capital stock plan.
A hill to amend Section 2060 of the Code.
Respectfully submitted,
H. H. CHANDLER, Chairman.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committe~ on Corporations has had under consideration the following bills of the House and instruct me, as their Chairman, to report same back to the House with the following recommendation, to-wit:
House Bill No. 839-To amend the charter of Savannah. Do pass.

'l'HURSDAY, JULY 14, 1910. .

431

House Bill No. 840-To amend the 'charter of City of Savannah. Do pass.
BuTT, Chairman.

The following special appropriation bills which were made the special order for this morning were read the third time and put upon their passage, towit:

By Mr. Vinson, of Baldwin-
A bill to appropriate $35,000 for the purpose of building a new colJege on the campus of the Georgia Normal and Industrial College at Milledgeville.
An appropriation being involved the Speaker resolved the House into a Committee of the whole and designated as Chairman, Mr. Alexander, of DeKalb.
After a consideration of the resolution the Committee arose and through their Chairman reported progress and asked leave to sit again.
.
Mr. Hall, of Bibb, moved that the House again go into the Committee of the whole and that .the Com mittee be instructed to come to a vote at once on the above bills which motion prevailed.
The House again went into the Committee of the whole and .Mr. Alexander, of DeKalb took the Chair.

43~

JouRNAL m' THE HousE.

After further consideration of the bill the Committee arose and through its Chairman reported the same back to the House with the recommendation that it do pass.

The previous question was called and the mam question ordered.
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.:

Alexand~ of DeKalb Cannon

Alexander of Fulton Carswell

Allen

Childs

Alley

Converso

Anderson of Bullock Cordell

Anderson of Chatham Couch

Armistead

CulbPrson

Atherton

Davis

Atkinson

Dickson

Auli

Edmondson

Barksdale

Edwards

Bake!

Ellis

Barrett

Ellison

Booker

English

Boyd

Field of DeKalb

Brinson of Emanuel Fullbright

Brown of Ca-rroll

Garlington

Brown of Fulton

Gi]Jis

Burch

Graddick

Butt

Griffin of Twiggs

Buxton

Guyton

Calbeck

l1ardman of Jackson

Helms Henderson of Irwin Henderson of Turner Hill Holtzclaw Huie Johnson of Towns .Joiner .Tunes of Meriwether Keith J( icklighter Kidd Kirby Lawrence
Lewi~
Littleton Martin Miller of Calhoun Milikin Mitchell Mos:l MacFarland

THURSDAY, JULY 14, 1910.

433

Macintyre

Pickett

McArthut

Pierce

McCarthy

J'opo

McCrory

Porte:

McCurry

Reese

McElreath

Reid of Macon

McMahan

Roberh

McMichael of Marion Rogers

McWhorter

Sheppard

Oliver

Simmon~

Parker of Talbot

Slade

Paulk

Smith of Gilmer

Persons

Smith of Walton

Stovall Stubbs of Putnam Tarver Tuggle Upshaw Vinson \Vasden Watkin:! Whiteley Wight of Grady Wohlwende: WloodliL! Wright of Floyd

Those voting in the negative were Messrs:

Beacham Bell Brinson of Decatur Brown of Henry Brown of Murray
Carte~
Cooke Cowan Cureton Daniel Drawdy Elder Evans Faircloth Ford Gastley

Hall

McConnell

Harrington

McMichael of Butts

Harvey

Prioo

Hatfield

Proctm

Heard

Reaves

Hullender

Reid of Campbell

Johnson of Bartow Rosse:

Johnson of Jeff Davis Shirley

Jones of Laurens

SlllJith of Tattnall

Kelley

Tippins

Kendrick

'l'racey

Lord

'l'nrnipseed

Meadows of Telfair \Vaddell

Meadows of Toombs \\'alter~

Miller of Ware

White of ScreYen

Mooro

\Vood

Those not voting were Messrs. :

Adams Bagley Bailey Berry Chan:ller Flnder

Fields of Crisp Godley (,c-jffin of Sumter Hardeman of Jeffs 'n Hendricks J! older of J~loyd

Howell Hubbard Jones of Mitchell Kennedy Lovejoy Middlebrooks

434

JouRNAL oF THE Hou:,;E.

Minte: McCutchen Park.er of Decatur Peacock Hedding

H!'nt:; Simpson 8tron;; Stubbs of 'l'homas 'furner

William I \\"right of Stewart ::\I:. f::lpea~e<

The roll call was verified and on counting tbe votes cast it was found that the ayes were 105, nays, 48.

The bill having received the requisite Constitutional majority was passed.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. 8 peaker:
Your Committee on Corporations has had un_::r consideration the fo1lowing bills of House and in. strud me, as their Chairman, to report same back to the House as follows:
House Bill No. 913-To amend charter of Lithoma. Do pass.
House Bill No. 921-To incorporate the town of Lilburn. Do pass. .
House Bill No. 923-To amend the charter of Hogansville. Do pass.
House Bill No. 924-To amend charter of Hogansville. Do pass.

THURSDAY, JULY 14, 1910.

435

House Bill No. 926-To amend Act authorizing electric, street, suburban and interurban railroad companies to acquire by purchase, lease, consolidation or merger the stock, property rights and franchises of other such companies. Do pass as amended.

House Bill No. 932-To amend charter Manchester. Do pass.

House Bill No. 933.-To amend the Acts incorporating the town of Bowden. Do pass.

House Bill No. 934.-To amend charter of town of Helena. Do pass.

House Bill No. 936-"i.'o provide a new charter for the town of Arlington. Do pass.

House Bill No. 938-To amend the Act creating the town of Edison. Do pass.

House Bill No. 941-To amend the charter of Austell, Cobb county. Do pass.

House Bill No. 849-Incorporate the town of At-

water. Do pass.



BuTT, Chairman.

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

436

JouRNAL OF THE HousE.

Mr. Speaker:
The Senate has concurred iri the amendment of the House to the following bill of the S_enate, towit:
A bill to allow County Boards of Education to borrow money to pay salaries of public school teachers.
The following House bills were read the first time, to-wit:
By Mr. Barrett, of Stephens-
A bill to appropriate $11,363.37 to public building fund.
Referred to Committee on Appropriations.

By Mr. Sheppard, of Sumter-
A bill to increase the efficiency, etc., of feed-stuffs. Referred to Committee on General Agriculture. The following Senate bills were read the first time, to-wit:

By Mr. Irwin, of 11th distric_tA bill to create the city of Cuthbert. Referred to Committee on Special Judiciary.

THURSDAY, JULY 14, 1910.

437

By Mr. Irwin, of 11th district-
A bill to _amend an Act to provide for the accept-
. ance of the Soldiers' Home.
Referred to Committee on Pensions.
The following bills were read the second time, towit:

By Mr. Turnipseed, of Clay-
A resolution providing for a Commission to look into the States property in Tennessee.

By Mr. Butt, of Fannin-
A bill to amend Section 4646, Volume 2 of tlw Code, etc.

By Messrs. McCarthy, Barrett, Slade and othersA bill to provide for a Department of Labor.
By Mr. Minter, of FayetteA bill to incorporate the town of Brooks.

By Mr. Barrett, of Stephens-
A bill to r~quire ce~tain fire insurance ~ompanies to .Ipake_ deposit with the Secretary of State.

438

JouRNAL oF THE HousE.

By Mr. Ault, of PolkA bill to amend Section 813 of the Code of 1895.

By Mr. Miller, of CalhounA bill to abolish the City Court of Calhoun county.

By Mr. Alexander, of DeKalb-:A bill to amend charter of Lithonia.

By Messrs. McConnell and Simpson, of GwinnettA bill to incorporate the town of Lilburn.

By Messrs. Tuggle and Lovejoy, of Troup-
A bill to amend an Act to authorize the town of Hogansville.

By Messrs. Tuggle and Lovejoy, of Troup-
A bill to amend an Act to authorize the town of Hogansville to create and maintain a system of waterworks.

By Messrs. Littleton, Garlington and Pierce-
A bill to amend an Act to authorize electric rail-

1,HURSDAY, JULY 14, 1910.

439

ways, etc., to acquire by purchase, lease or otherwise the stock, etc., of similar companies.

By Mr. Allen, of Upshaw-

A bill to repeal an Act to incorporate the town of Atwater.

By Messrs. Brown, of Carroll; Lawrence, of Chatham; Jones, of Meriwether~

A bill to adopt the Code of laws prepared by Jno. L. Hopkins.

By Mr. Reid, of Campbell-

A bill to provide a stenographer for the Insurance Department.

By Mr. Reid, of Campbell-

A bill to require the public road fund in certain counties to be apportioned among the militia districts.

By Mr. Daniell, of Cobb-
A bill to make it unlawful to bet on elections.

440

JOURNAL OF THE HoUSE.

By Mr. Lawrence, of Chatham-
A bill to authorize the registration of voters in the City of Savannah in elections for municipal bonds.

By Mr. Lawrence, of Chatham-
A bill to authorize the Mayor and Aldermen of Savannah, to require the paving, etc., of streets.

By Messrs. Slade and Wohlwender, of Muscogee-
A bill to vest in the city of Columbus title to certain lands in the said city.
By Messrs. Heard and Beacham, of Dooly-
A bill to amend the charter of the town of Unadilla.
By Mr. Reid, of Campbell-
A bill to amend the charter of the town of Fairburn.
By Mr. Hardman, of Jackson-
A bill to extend the work of suppression of contagious diseases.

THURSDAY, JULY 14, 1910.
By Messrs. Hardman and Holder, of JacksonA bill to create a new charter for the town of
Statham.
By Mr. Walters, of ColquittA bill to incorporate the town of Allentown.
By Messrs. Jones and Keith, of MeriwetherA bill to create a new charter for the town of
Luthersville.
By Mr. Rogers, of ~andolphA bill to incorporate the town of Carnegie.
By Messrs. Field and Alexander, of DeKalbA bill to ratify the closing of Ansley street in
Decatur, Ga.
By Messrs. Alexander and Field, of DeKalbA bill to incorporate the town of Oakhurst.
By Mr. Miller, of WareA bill to amend an Act to create a new charter
for the city of Waycross.

442

JouRNAL OF THE HousE.

By Mr. Paulk, of Berrien-,-

A bill to amend an Act incorporating the town of Milltown.

By Mr. Reid, of Campbell-

A bill to' authorize the officers of Campbell county to pay the legal costs due officers m misdemeanor cases.

By Mr. Alley, of White-

A bill to amend Section 574, Volume 1 of the Code.

By Messrs. Heard and Beacham-

A bill to amend an Act to incorporate the town of Unadilla.

By Messrs. Moss and Daniell, of Cobb-

A bill to amend the charter of Powder Springs.

By Messrs. Alexander and Field, of DeKalb-

A bill to re-incorporate the town of Kirkwood.

THURSDAY, JULY 14, 1910.

443

By M-r. Meadows, of TelfairA bill to incorporate the city of Helena.

By Mr. English, of Warren-
A bill to amend Acts to incorporate the town of Camak.
The following Senate bills were read the second time, to-wit:

By Mr. Irwin, of 11th district-
A bill to require Ordinaries and County Commissioners to pay costs to officers.

By Mr. Stephens, of 30th district-
A bill to repeal an Act to incorporate the town of Crawford.

By Mr. Gordy, of 24th district-
A bill to create and maintain a system of electric lights for Buena Vista.

By Mr. Gordy, of 24th district-
A bill to amend an Act authorizing the issue of waterworks bonds by the town of Buena Vista.

444

JouRNAL oF THE HousE.

By Mr. Slaton, of 35th di~trict-
A bill to provide for control of cemeteries in certain countie~.

By Mr. Day, of 41st districtA bill to incorporate the town of Jasper.

By Mr. McCurry, of 31st district-
A bill to change the time of holding the Superior Court of Hart county.

By Mr. Calhoun, of 15th districtA bill to incorporate the town of Uvalda.

By Mr. Gordy, of 24th district-
A bill to change the time of holding the Superior Court of Marion county.

Leave of absence was granted Mr. Rentz, of Houston; Mr. Harvey, of Wilcox; Mr. Harrington, of Liberty; Mr. Pierce, of Richmond.

The Speaker then announced the House adjourned until 9 :30 o'clock tomorrow morning.

FRIDAY, JULY 15, 1910.

445

ATLANTA, GEORGIA,
FRIDAY, July 15, 1910.
The House met pursuant to adjournment at 9:30 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.
By unanimous consent the following bills were read the first time, to-wit:
By Mr. Bell, of Cherokee-
A bill to amend Section 982,_ Volume 1 of the Code so as to create a State Depository in the town of Canton.
Referred to Committee on Banks and Banking.
By Mr. Walters, of Colquitt-
A bill to amend the charter of the town of Doerun.
Referred to Committee on Corporations.

446

JouRNAL oF THE HousE.

By Mr. .Moss, of Cobb-
A bill to amend an Act to provide for ~upersedeas of judgment of conviction in County Courts, etc.
Referred to Committee on Special Judiciary.

By .Messrs. Joiner and Lor~, of Washington-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Washington County.
Referred to Committee on Counties and Co~nty Matters.

By .Mr. Lewis, of Hancock-
A bill to prohibit turning out live stock in stock law counties.
Referred to Committee on General Agriculture.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

By .Messrs. Barksdale and Booker, of Wilkes-
A bill to amend an Act to create the City Court of Washington.

FRIDAY, JuLY 15, 1910.

447

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 100; . nays, 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Godley, of Camden'
A bill to authorize the Commissioners of Camden County to issue licenses to persons conducting church festivals.
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. Chandler, of Fran.klin-
A bill to incorporate the town of Franklin.
The favorable report of the Committee was agreed. to.
On the passage of the bill the ayes were 100; nays, 0.

448

JOURNAL oF THE HousE.

The bill having received the requisite Constitu~ tional majority, was passed.

By Messrs. Hardman and Holder, of Jackson-
A bill to create a new charter for the town of Statham.
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 Mr. Chandler, of Franklin-
A bill to amend an Act to authorize the city of Lavonia to create and maintain a system of schools.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 101; nays, 0.
The hill having received the requisite Constitu.tional majority, was passed.

FRIDAY, JuLY 15, 1910.

449

By Mr. Hatfield, of Coffee-
A bill to fix the salary of the Treasurer of Coffee County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 94; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Reid, of Campbell-
A bill to authorize the authorities of Campbe11 County to pay legal costs due officers in misdemeanor <:ases.
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. Alexander, of DeKalbA bill to re-incorporate the town of Kirkwood.

l5

450

.JOURNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Paulk, of Berrien-
A bill to amend an Act to incorporate town of Milltown.
The favorable report of the Committee was agreed to.
On the passage of the hill the ayes were 105; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Lawrence, of Chatham-
A bill to provide for registration of voters in Savnnnah prior to municipal elections.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109; nays, 0.

FRIDAY, JULY 15, 1910.

451

The bill having received the requisite Constitutional majority was passed.

By Messrs. Kirby and Couch, of Coweta-

A bill to amend an Act to create a new charter for city of Newnan.
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. Rogers, of Randolph-
A bill to incorporate the town of Carnegie.
The favorable report of the Committee was agreed to.
On the passage of the. bill the ayes were 107; nays, 0.
The bill having received the requisite Constitutional majority was .passed.

JouRNAL oF THE Homm.
By Messrs. Moss and Daniel, of Cobb-
A bill to amend the charter of the town of Powder Springs.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were HID; nays, 0.
The bill havinng 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 110; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Minter, of Fayette-
A bill to incorporate the town of Brooks.

FRIDAY, JuLY 15, 1910.

453

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitu-tional majority was passed.

By Mr. Lawrence, of Chatham-
A bill to amend an Act to authorize the Mayor and Aldermen of Savannah to requir~ grading and paving of roads and streets, etc.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 105; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Alexander and Field, of DeKalb-
A bill to incorporate the town of Oakhurst-
The favorable report of the Committee was agreed to.
On the passage of the _bill the ayes were 113; nays, 0.

454

JoURNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Meadows, of Telfair-

A bill to incorporate the city of Helena.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 99; nays, 0.
Tile bill having received the requisite Constitutional majority was passed.

By Messrs. Jones and Keith, of Meriwether.-
A bill to create a new charter for the town of Luthersville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 106; nays, 0.
I
The bill having received the requisite Constitutional majority was passed.

FRIDAY, JuLY 15, 1910.

455

By Mr. Miller, of Ware-
A bill to amend an Act to create the City Court of Waycross.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109; nays, 0.
The bill having received the .requisite Constitutional majority was passed.

By Mr. Miller, of Calhoun- .
A bill to abolish the City Court of Calhoun County.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
The 'bill having received the requisite Constitutional majority was passed.

By Mr. Converse, of Lowndes-
A bill to amend an Act to incorporate the Citizem Bank of Valdosta.

456

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed

~.

.

On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitutional maj?rity was passed.

By Messrs. Slade and "\Vohlwender, of Muscogee-

A bill to vest the title to certain lands in the city of Columbus in said city.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
The hill having received the requisite Constitu- tional majority was passed.

By Mr. Allen, of Upson-

A bill to repeal an Act to incorporate the town. of Atwater.
The favorable report of the Committee was agreed to.

}i'RIDAY, JULY 15, 1910.

457

On the passage of the bill the ayes were 109; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Heard and Beacham, of Dooly_:_
A bill to amend the charter of the town of Unadilla.
The favorable report of the Committee was agre.ed 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. Walters, of Colquitt~
A bill to incorporate the town of Ellentown.
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 maj()rity was passed.

458

JOURNAL oF THE HousE.

By Messrs. Field and Alexander, of DeKalb----
A bill to ratify and confirm the closing of Ansley street in Decatur, Ga.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
';rhe bill having received the requisite Constitutional majority was passed.

By Mr. Harvey, of Wilcox- ,
A bill to amend an Act to incorporate the town of Pineview.
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. Miller, of Ware-
A bill to amend an Act to create a new charter for the city of Waycross.

FRIDAY, JuLY 15, 1910.

459

The favorable report of the Committee was agreed
t.o.
On the passage of the bill the ayes were 97; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Sheppard and Griffin, of Sumter-
A bill to amend an Act to amend and cons6lidate all Acts to incorporate the city of Americus, so as to exclude certain territory for the corporate limits.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitutional majority was passed.

. By Messrs. Slade and Wholwender, of Muscogee-
A bill to amend an Act to amend and consolidate Acts to incorporate the city of Columbus, relative to Water and Light Commission.
The favorable report of the Committee )Vas agreed to.

460

JouRNAL OF THt: I(ousE.

On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Heard and Beacham, of Dooly-
A bill to amend an Act to incorporate the town of Unadilla.
The favorable report of the Committte was agree(l to.
On the passage of the bill the ayes were 107; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Alexander, of DeKalb-
A bill to amend the charter of the town of Lithonia.
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.

FRIDAY, JuLY 15, 1910.

461

By Messrs. McConnell and Simpson, of Gwinnett-
A bill to incorporate the town of Lilburn.
The favorable report of the Committee was agretd to.
On the passage of the bill the ayes were 109; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Tuggle and Lovejoy, of Troup---:
A bill to amend an Act to establish a new charter for the town of Hogansville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Tuggle and Lovejoy, of Troup-
A bill to create a system of water works, electric lights and sewerage, and issue bonds for .said purposes.



462

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107; nays, 0.
The bill having received the requisite Constitutional majority was passed,
By Mr. Rogers, of Randolph-
A bill to prohibit the sale of near beer in Randolph County.
The substitute proposed by the Committee was adopted.
The report of the Committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 98; nays, 7.
The bill having received the requisite Constitutiona1 majority, was passed by substitute.

By Mr. Wright, of Floyd-
A bill to prohibit betting on elections and prt maries, etc., and for other purposes.
The Committee proposed to amend as follows:

FRIDAY, JuLY 15, 1910.

463

\

To amend caption by adding after word "pri-

mary'' the words ''and to provide punishment there-

for,'~ also,

To amend Section 2, by striking words ''and shall furthermore be disfranchised.''

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 93; nays, 3.
The hill having receiv.ed the requisite Constitutional majority, was passed as amended.

By Mr. McElreath, of Fulton~
A bill to amend an Act to provide for an Ordinary pro hac vice in cases of disqualified Ordinaries.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 94; nays, 0.
The' bill having received the requisite Constitutional majority was passed.

By Mr. Brown, of CarrollA bill to authorize the Board of Trustees of the

464

JouRNAL oF THE HousE.

4th District Agricultural College to lease certain lands.
The Committee proposed to amend by striking Section 2 and renumbering Sections which was adopted.
The favorable report as amended was agreed to.
On the passage of the bill the ayes were 99; nays, 1.
The bill having received the requisite Constitutional majority was passed as amended.
Mr. Sheppard moved that when the House adjourn it adjourn to meet again at .11 o'clock Monday morning, which motion prevailed.
The following Senate bills were read the third time and put upon their passage, to-wit:
By Mr. Calhoun, of 15th District-
A bill to incorporate the town of Uvalda.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes wer~ 109 ; nays, 0.
The bill having received the requisite Constitutional majority was passed.

FRIDAY, JuLY 15, 1910.

465

By Mr. Day, of 41st District-

A bill to incorporate the town of Jasper.

The Committee proposed the following amendm~nt, which was adopted:

To amend by striking the words "one-half in line 3, Section 2, and insert the words "three-fourths of.

. The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Stephens, of 30th District-
A bill, to repeal an Act to incorporate the town of Crawford.
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 resolutions were read to-wit:

466

JOURNAL OF THE HousE.

By Mr. Butt; of Fannin-
A resolution to fix as a special order for July 20, House Resolution No. 172.
Referred to Committee on Rules.

By Mr. Peacock-
A resolution to fix House Bill No. 439 a special order for next 'l'uesday.
Referred to Committee on Rules.

By Mr. Johnson, of Bartow-

A resolution to fix House Bill No. 23 as a special order for July 19.

Referred to Committee on Rules.

Upon request of Mr. Alexander the following was read:

The members assigned to go with the western & Atlantic Committee to-day, in addition to the regular members are as follows:

Pickett, Stubbs, of Putnam, Martin, Kirby,

Miller, of Calhoun, Hatfield, Kidd, McConnell,

FRIDAY, JuLY 15, 1910.

467

Kelley, Culberson, Stovall, Guyton, Smith of Tattnall, Tippins, Jones, of Laurens, Chandler, Reeves, Meadows, of Toombs, Meadows, of TelfaiT, Buxton, Drawdy,

Wasden, Pope, Bell,. Ellison, Smith, of Gilmer, Daniel,
Dickso~,
Williams, Cordell, Walters, Whitely, Simmons.

By unanimous consent the name of Mr. Simmons, of Bullock, was added to the above list.

Mr. Sheppard, of Sumter, moved that all members who desired to accompany the Committee on their tour of inspection he allowed to do so at the expense of the State, and on that motion Mr. Hall, of Bibb, called for the ayes and nays, which call was sustained, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Alley Barksdale Baket Barrett Beacham Be.rry Booker

Boyd Brown of Carroll Brown of Henry Brown of Murray Cal beck ('annQn l'handler Cauch

('nlbcrson Cureton Dickson Fields of CriRp Garlington Griffin of Sumter Guyton Hatfield

468

JouRNAL oF THE HousE.

Helms Howell ;Johnson of Towns .Tones of Laurens Kicklighter Littleton Martin 1\Leadows of Telfair Meadows of Toombs Milikin

l\Iacl<'arland 1\'lacintyre 1\icArthur McCarthy McCrory
~tcMahan
Peacoclt Reaves Rogers Rosse:

Sheppard Simpson Slade Smith of Walton Turnipseed \\' alter1 Wasden Wight of Grady w.oodlifl

Those voting in the negative were Messrs.:

Alexander of Fulton Allen Anderson of Bulloek Armistead A'ckinson Auli Brinson of DPcatur Burch Carter Childs Cooke Cowan Daniel DaYis Drawdy E!lwards Elder Ellis Faircloth Pield of DeKalb Ford Fullbright Gastlcy

Graddick Griffin of Twiggs Hall Hardeman of Jeffs 'n Hardman of Jackson Heard Henderson of Irwin Henderson of Turner Hill Holder of Floyd .Johnson of Bartow Joiner ,lones of Meriw~>ther Keith Kendrick Lewi.1 Lord Lovejoy Miller of Calhoun Mitchell 1\ioora 1\'iosl McConnell

McCurry McMichael of Butts McMichael of Marion Persons Reese Reid of Campbell Reid of Macon Hoberh Shirley Stubbs of Putnam 'l'ane: Tracey 'l'ugglo 'J'nrner Fpshaw Vinson waddell Watkins White of Screven Whiteley Wohlwende:
w oorl
Wright of Floyd

Those not voting were Messrs. :

Adams

Bagley

Anderson of C'hatham Bailey

Atherton

Bell

Brinson of Emanud Brown of Fulton Butt

FRIDAY, JuLY 15, 1910.

469

Buxton Carswell Converso Cordell Edmondson Ellison English Evans Fender Gilli:< Godley Harrington Harvey Hendricks Holtzclaw Hubbard Hullender Huie

Johnson of Jeff Davis Pierce

J"ones of Mitchell

Pop:~

Kelley

I'orte:

Kennedy

Prieo

Kidd

Proctor

Kirby

Redding

Lawrence

Rentll

Middlebrooks

Simmons

Miller of Ware

Hmith of Gilmer

Minte:

~mith of Tattnall

McCutchen

Stovall

McElreath

Strong

McWhorter

Stubbs of Thomas

{)live:

Tippins

Parker of Decatur William1

Parker of Talbot

Wright of Stewart

Paulk

M:. Speaker

Pickett

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

On Mr. Sheppard's motion the ayes were 53; nays, 69. The motion was therefore lost.

Mr Shej>pard moved that the House reconsider its action in allowing any members of the House except members of the Western & Atlantic Railroad Committee to accompany said Committee on their tour of inspection.

The Speaker held that the motion was out of order.
Mr. Edwards, of Walton, moved that the Hou~>e adjourn, and on that motion Mr. Lewis, of Hanco<'k,

470

JouRNAL oF THE HousE.

called for the ayes and nays, which call was sustained, and the vote was as follows:

'rhose voting in the affirmative were Messrs.:

Carter

Elder

Milikin

Cooke

Gastley

Macintyre

Cordell

Hill

Reaves

Cureton

.Jones of Laurens

Stovall

Davis

Kendrick

Wight o-1. Grady

:Edwards

.

Those voting in the negative were Messrs.:

.Alexander of :UeKalb Dickson

Kelley

Allen

Drawdy

Kicklighter

Alley

Ellison

Kirby

Anderson of Bullock f'aircloth

Lewi9

Armistead

Field of DeKalb

Littleto11

Atkinson

Ford

Lori!

Au!;

Fullbright

!'iartin

Barksdale

Garlington

.l\fe.adows of Telfair

Bakel

Graddick

Meadows of ToombR

Barrett Bell

c;,:ffin of Sumter
Griffin oi Twiggs

Miller of Calhoun Mitchell

Booker

flnyton

~ioon

Boyd

Hall

McCarthy

Brinson of Decatur Hardeman of .Jeffs 'n }fcConnell

Brown of Carroll Brown of Henry Brown of Murray Burch Butt Calbeek Cannon

Hardman of .Jackson Hatfield Heard Helms . Henderson of Irwin 'Henderson of Turner Holder of Floyd

l\l.icCrory l\'icEireath McMahan l\fcMichael of Butts :McWhorter .Park~w of 'l'albot Paull.;

Chandler

Hubbard

PPrson9

Childs

Hullender

RePSe

Couch !'owan

.Johnson of Bartow .Johnson of Towns

Reid of Campbell Rt>id of M'aeon

Culberson

.Joiner

Roberts

Daniel

Keith

Rosse!

FRIDAY, JuLY 15, 1910.

471

~heppard
1:\hirley
~immon~
Simpson Slade ~mith of Gilmer Smith of Walton Stron& Stubbs of Putnam

'l'arve: Tippins rracey 'fuggle 'furner Turnipseed Fpshaw Vinson \\'alter 1

Wasden Watkins \\'bite of Screven Wbiteley Wohlwender \\' ood \'';oodlif! \\right of Floyd

Th,)se not voting were Messrs.:

Adams

Goodley

McCurry

Alexander of Fulton Harrington

McCutchen

Anderson of Chatham. Harvey

}fcMichael of Marion

Atherton

Hendricks

Olive:

Bagley

Holtzclaw

Parker of Decatur

Bailey

Howell

Peacock

Beacham

Huie

Pierca

Berry

.Johnson. of Jeff Davis l'opJ

Brinson of Emanuel Jflnes of Meriwether }'orte~

Brown of Fulton

Jones of Mitchell

Prie~

Buxton

Kennedy

Proctor

Carswell Converse

Kidd I.awrenco

Redding lwnt:l

Edmondson Ellis English Evans

Lovejoy
Middlebrook~
~iiller of Ware Minte:

Rogers Hmlith of Tattnall Stubbs of Thomas Waddell

Fender

l\.ios 1

\\'illiam I

J.'ields of Crisp

MacFarland

\\-right of Stewart

Gillis

:McArthur

l\.i:. SpeakP~

The roll call was verified and the vote was as follows: Ayes, 16; nays, 107. rrhe motion to adjourn was therefore lost.

Mr. Sheppard then moved that he be allowed to withdraw his motion to reconsider the previous
action of the House in regard to granting authority

472

JouRNAL OF THE HousE.

to the Chairman of the Western & Atlantic Railroad Committee to add certain names to said Committee, which motion prevailed.

Mr. Hall, of Bibb, moved that the House reconsider its action in granting permission to any members of the House other than members of the Committee on Western & Atlantic Railroad to. accom.pany said Committee on its tour of inspection at the expense of the State, and on that motion the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of Fulton Allen Alley Anderson of Bulloek Armistead Atkinson Auli Bake: Barrett Bell
Boy~
Brown of Henry Bnreh Oannon Childs Cowan Davis Drawdy Edwards Elder English l'ord

Pullbright Gastley Ciraddicik Griffin of Twiggs Hall liardman of Jackson Henderson of Irwin Henderson of Turner Hill Holder of Floyd Johnson of Towns Joiner Keith Kirby Lewi1 Lord Lovejoy Miller of Ca-lhoun Mitchell Mooro Mos1 Macintyre

1\ic~iahan
:McMichael of Butts McWhorter Porte: Reeso Reid of Campbell Ueid of Macon
Robert~ Uoger~
Simmon Simpson Strong Stubbs of Putnam 'l'arve: 'J'ippim Tracey 'f'ugglo 'furnipseed Vinson Whiteley Wohlwender Wright Q[ Floyd

FRIDAY, JuLY 15, 1910.

473

Those voting in the negative were Messrs.:

Barksdale Booket Brown of Carroll Brown of Murray Butt Cal beck Carter Converso Cooke Cordell Couch Culberson Cureton Daniel Dickson Ellison Pield of DeKalb ('arlington

Griffin of Sumter OJyton Hatfield Helms Hubbard Hullender Huie .Johnson of Bartow Kendrick Littleton Martin Meadows of Telfair Meadows of Toombs :M:ilikin MacFarland McCarthy :r;rcconuell :McCrory

Paull;; Peacock Popo Hea,es Rosse: Sheppard Shirley Slado Smith of Walton Stovall Fpshaw Walter& \Vasdeu White of Scre\en Wight of Grady
\\" 00'1
\\";oodlif~

Those not voting were Messrs. :

Adams

Fender

Kidd

Alexander of DeKalb Fields of Crisp

Lawrenc~

Anderson of Chatham Cillis

Middlebrooks

Atherton

Goodley

Miller of Waro

Bagley Bailey

HRrdeman of Jeffs'n Minte:

' Harrington

McArthm

Beacham

Harvey

:N.lcCurry

Berry

Heard

~fcCutchen

Brinson of Decatur Jlendricl>s

McElreath

Brinson of Emanuel Holt.?claw

l\IcMichael of Marion

Brown of Fulton Buxton Carswell Chandler Edmondson

Howell

Olive:

Johnson of Jeff Davis Parker of Decatur

Jones of Laurens

Parker of Talbot

.Tones of Meriwether Prrsons

.Jones of Mitchell

Pickett

Ems

Kelley

l'ierco

Evans

J,;ennedy

Pric:.

.J<'aircloth

K icklightr

Proctor

474

JOURNAL OF THE HousE.

Hedding Rent:: ~m~th of Gilmer Smlith of Tattnall

Stubbs of Thomas 'l'urner Waddell Watkins

\
William1 Wright of Stewart M:. Spe:::kcr

The roll call was verified and it was found on counting the votes cast that the ayes werE.l 66; nays, 53. The motion to reconsider the action of the House as above stated was therefore carried.

On motion of Mr. Butt, of Fannin, the House adjourned and the business for which the session was extended was taken up.

The following announcement was read at the request of Mr. Alexander, of DeKalb:

Mr. Speaker:
Being obliged to leave the hall to arrange for the train to Chattanooga, I ~ill thank you to invite all members whose names may be stricken from the list to go as my guests.
Yours respectfully,
HooPER ALEXANDER.

The following bills were read the first time, to-wit:

~'RIDAY, JULY 15, 1910.

475

By Mr. Moss, of Cobb-

A bill to amend an Act to authorize the city of Marietta to issue bonds for water works.
'
Referred to Committee on Special Judiciary.

By Mr. Moss, of Cobb-
A bill to amend an Act to create a new charter for Marietta.
Referred to Committee on Special .Judiciary.

By Mr. Moss, of Cobb-
A bill to authori_ze an election held in the city of Marietta to determine whether bonds shall be issued for sewerage purposes, etc.
Referred to Committee on Special Judiciary.

By Mr. Moss, of Cobb-
A bill to amend an Act to create a new charter for Marietta so as to declare the rights of the corporation.
Referred to Committee on Special Judiciary.

476

JouRNAL OF THE HousE.

By Mr. Moss, of Cobb-
A bill to authorize an election in Marietta to determine whether bonds shall be issued for water works.
Referred to Committeeon Special Judiciary.

By Messrs. Baker, of Lumpkin; Burch, of Laurens, Lewis, of Hancock-
A resolution to pay C. B. Weatherly for work done as stenographer to certain Committee.
Referred to Committee on Appropriations.
The following bills were read the second time, towit:

By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to amend an Act to repeal all laws to incorporate the city of Manchester.

By Mr. Brown, of Carroll-
A bill to amend and consolidate all laws to incorporate the town of Bowden.

FRIDAY, JuLY 15, 1910.

477

By Mr. Moss, of Cobb-
A bill to amend an Act to incorporate town of Austell.

By Mr. Miller, of Calho~~-
A bill to provide a new charter for the town of Arlington.

By Mr. Meadows, of Telfair-
A bill to amend an Act to incorporate the town of Helena.

By Mr. Miller, of Calhoun-
A bill to incorporate the city of Edison.
.. Leave of absence was granted Mr. McWhorter,
of Greene;

The Speaker then announced the House adjourned untilll o'clock Monday morning.

478

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
:MONDAY, July 18, 1910.
The House met pursuan~ to adjournment at 11 o'clock a. m. this day; was called to order by the Speaker, and open~d with prayer by the Chaplain.
By unanimous consent the roll call and the reading of the Journal of Friday's proceedings was dispensed with.
The following message was received from the Senate through Mr. Northen, Secretary therepf:

Mr. Speaker:
The Senate has concurred in the amendment of the House to the following bill of the Senate, to-wit:
A bill to incorporate the town of Jasper, in the county of Pickens.
The Senate has passed by a requisite Constitutional majority the following bill of the House, towit:
A bill to amend an Art incorporating the city of Union Point.

Mo~DAY, JuLY 18, 1910.

479

The following mes;sage was received from the Senate through Mr. Northen, Secretary thereof:

Mr Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit:
A bill to repeal an Act to incorporate the town of Roberta, in the county of Crawford.
A bill to incorporate the city of Roberta, in the county of Crawford.
A bill to incorporate the city of Crawford, in the county of Oglethorpe.
A bill to promote the public health by leveling and ditching wet, swamp, and overflowed lands.
Mr. McCarthy, of Chatham, gave notice that at the proper time he would move to reconsider the action of the House in passing on last Friday, House Bill No. 839.
By unanimous consent the following bills were read the first time, to-wit:

480

JouRNAL OF THE HousE.

By Messrs. Fullbright, of Burke, Garlington, of Richmond-
A bin to amend Section 2279 of the Code of 1895, relative to common carriers.
Heferred to Committee on Railroads.

By Mr. Tracy, of Webster-
A bill to fix the salary of the Treasurer of vVebster County.
Referred to Committee on .Counties and County Matters.
By Messrs. Lawrence, Anderson and McCarthy, of Chatham, et al~
A bill proposing an amendment to the Constitution in reference to salaries of Superior Court Judges of certain counties.
Referred to Committee on Constitutional Amendments.

By Messrs. Kirby and Couch, of Coweta-
A bill to establish a system of public schools m Senoia.
Referred to Committee on Corporations.

MoNDAY, JuLY 18, 1910.

481

By Mr. Pierce, of Richmond-

A bill to amend Section 60, Volume 3, of the Code, by defining the various degrees of murder.
Referred to Committee on General Judiciary.

By Mr. Pierce, of Richmond-
A bill to amend Section 63; Volume 3, of the Code of 1895, relative to punishment for murder.
Referred to Committee on General Judiciary.

By Mr. Ford, of Worth-

A bill to regulate the butchering of cattle in Worth County.
Referred to Committee on Counties and County Matters.

By Mr. Pierce, of Richmond-

A bill to amend Section 3250, Volume 2, of the Code, relative to pay of County Surveyors.
Referred to Committee on Counties and County Matters.

482

JouRNAL oF THE HousE.

By Mr. Pierce, of Richmond-:--
A bill to amend Section 4708, Volume 2, of the Code, relative to process of garnishment.
-
Referred to Committee on General Judiciary.
By Mr.' Paulk, of Berrien-
A bill to amend an Act to establish the City Court of Nashville.
Referred to Committee on Special Judiciary.

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

By Mr. Alexander, of DeKalb-
A bill to regulate the employment of minors in the messenger service.
,
The above bill was taken from the General Judiciary Committee and re-referred to the Committee on Labor and Labor Statistics.
By unanimous consent House Bills Nos. 31, 32, 33, 36, 38 were taken from the table and placed on the Calendar.
The following resolutions were read, to-wit:

MoNDAY, JuLY 18, 1910.

483

By Messrs. Stovall and McElreath-
A resolution to fix as a special order House Bill No. 380.
Referred to Committee on Rules-.

By Mr. Brown, of Carroll-
A resolv.tion to fix House Bill No. 741 the special order for next Wednesday.
Referred to Committee on Rules:

Mr. Anderson, of Chatham, Vice-Chairman of the Committee on Rules, submitted a report of that Committee, which was read:

The recommendations of the committee in regards to House Resolution No. 188 and House Resolution No. 214, was adopted.

Mr. Sheppard, of Sumter, then moved that the remaining recommendations of the Committee, together with the resolutions be re-committed to the Committee on Rules, with the reco~mendation that said Committee consider the whole Calendar and report as special orders such bills, etc., as are of the greatest interest to the State, which motion pre-vailed.

484

JouRNAL OF THE HousE.

Mr. McCarthy, of Chatham, moved to re-consider the action of the House in passing House Bill No. -839.
Mr. Anderson, of Chatham, moved that in the absence of the author of the bill the motion go over as a special order for Wednesday, July 20, immediately after the confirmation of the Journal, which motion prevailed.
Mr. Reid, of Campbell, Chairman of the Ways and Means Committee, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means have had under consideration House Bill No. 772, by Messrs. Reid, of Campbell, Ellis, of Bibb, Alexander, of DeKalb and Hardman, of Jackson, being a bill to be entitled An Act to provide for State and County Boards of Tax Returns and Valuations; to provide the powers and duties of said Boards; to provide for full and adequate returns of property, and for equal valuations thereof for taxation, and for other purposes, and they instruct me to report the same back to the House with the recommendation that the same do pass.
Respectfully submitted,
C. S. REID, Chairman.
Mr. Fullbright, Chairman of the Special Judiciary Committee, submitted the following report:

MoNDAY, JuLY 18, 1910.

485

Mr. Speaker:
Your Committee on Special J.udiciary has had under consideration the following bills of the House and instruct me as their Chairman, to report them as follows:
House Bill No. 859-To authorize County Commissioners of Camden County to grant . certain license. Do pass.
House Bill No. 451-To amend Section 3149 of Code. Do pass by substitute.

House Bill No. 922-To provide for election of Solicitor of County Court of Putnam County. Do pass as amended.

House Bill No. 915-To amend the charter of Avalon. Do pass.

House Bill No. 916-To amend charter of Martin. Do pass as amended.

House Bill No. 807-To abolish City Court of Newton. Do pass as amended.

House Bill No. 943-To amend the charter of the city of Atlanta. Do pass.

House Bill No. 444-To elect County Boards of Education by vote of the people. Do pass.

486

JoURNAL oF THE Homm.

House Bill No. 389-To amend charter of East Point. Do pass.
House Bill No. 272-To cede certain lands m Walker County to United States. Do pass.
Respectfully submitted,
H. J. FuLLBRIGHT, Chairman.

Mr. Jones, of Meriwether, Chairman of Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bills of the House, and instructed me, their Chairman, to report same back to the House with the recommendation that same do pass, to-wit :
A bill to appropriate $10,000.00 to the Georgia Experiment Station.
Also the following resolutions of the House with the recommendation that same to pass as amended, to- wit:
. A resolution to refund $50.00 to Jno. D. Walker, et a1.
Also the following resolution of the House with the recommendation that same do pass, to-wit:

MoNDAY, JuLY 18, 1910.

487

A resolution to refund $50.00 to J. R. Hubbard, et al.
Also the following. resolutions of the House with the recommendation that same do not pass, to-wit:
A resolution to appropriate a certain amount of
money to wm Kelly for over-time while in the Pen-
itentiary.
Also the following bill of the House with the recommendation that the author be permitted to withdraw same, to-wit:
A bill to appropriate $15,000.00 to Georgia Experiment Station.
JoNEs, of Meriwether, Chairman.

Mr. Macintyre, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and Comity Matters, having considered the following, report as follows, to-wit:
That,
House Resolution No. 228.-Do pass.

488

JOURNAL OF THE HousE.

House Bill No. 874.-Do pass. House Bill No. 918.-Do pass. House Bill No. 884.-Do not pass. House Bill No. 885.-Do not pass.
Respectfully submitted, MAciNTYRE, Chairman.

Mr. McMichael, Chairman of the Committee on Education, submitted the following report:

Mt. Speaker:
Your Committee on Education has- had under consideration certain bills and instruct me as its Chairman to submit the following report:
House Bill No. 379-Do not pass. House Bill No. 279-Do not pass. House Bill No. 224-Do not pass. House Bill No. 919-Do pass. House Bill No. 911-Do pass. House Bill No. 750-Do pass.
Respectfully submitted, E. H. McMICHAEio, Chairman.

:MoNDAY, JULY 18, 1910.

489

Mr. Heard, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. 8peaker:
Your Committee on Banks and Banking having had under consideration House Bill No. 5, 953 and 937 and have instructed me, as their Chairman, to report same with recommendation that they do pass.
HEARD, Chairman.

Mr. Garlington, Chairman of Committee on Game and Fish submitted the following report:

Mr..Speaker:
Your Committee on Game and :ffiish have had under consideration Senate Bill No. 7, relating to the protection of game, animals and game birds, and recommend that the same do pass as amended.
GARLINGTON, Chairman.

Mr. Speaker:
Your Committee on Game and Fish have had under consideration House Bill No. 850, entitled an Act to prohibit shooting, trapping, etc., partridges, doves, etc., in Carroll county and report the same with the recommendation that it do pass.

490

JOURNAL o.F THE HousE.

Also House Bill No. 723-An Act to prevent the catching of shad and other fish with drift nets. Do pass by substitute.

July 14, 1910.

GARLINGTON, Chairman.

Mr. Barrett, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker:
Your Committee on Penitentiary has had under consideration the following bills and instructs me, as Chairman, to report them with the recommendation indicated:
House Bill No. 787-A bill providing for increase ib salary of members of Prison Commission. Do pass.
House Bill No. 904-A bill amending an Act authorizing the establishment and use of farms 'as places of confinement, providing for the working of c_ertain prisoners on public works. Do pass.
FERMOR BARRETT, Chairman.

Mr. Parker, Chairman of the Committee on Railroads, submitted the following report:

MoNDAY, JULY 18, 1910.

491

Mr. Speaker:
Your Committee on Railroads having had under consideration House Bill No. 940 instructs me, as Chairman to report same back with the recommendation that it do pass.
W. M. PARKER, Chairman.

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

Mr. Speake,-:
The Senate has passed by a requisite Constitutional majority the following House ~il}, to-wit:
A bill to amend an Act establishing the City Court of Green~ille.
Upon recommendation of the Committee on Ape propriations the author was allowed to withdraw House Bill No. 476.
The following resolutions were read, to-wit:

By Mr. Stovall, of Elbert-
A resolution to make House Bill No. 299 a -spe9ial order.
Referred to Committee on Rules.

492

JOURNAL OF THE HousE.

By Mr. Tarver, of Whitfield-
A resolution to fix House Bill No. 63 a special order.
Referred to Committee on Rules.
By unanimous consent the session was extended for the purpose of reading House bills first time, Senate bills first time and all bills favorably reported a second time.
By unanimous consent House Bill No. 426 was taken from the table and placed on the Calendar.
The following resolutions were read, to-wit:

By Mr. Garlington, of Richmond-
A resolution to make Senate Bill No. 7 .a special order.
Referred to Committee on Rules.

By Messrs. Faircloth and Lewis:
A resolution to make House Bill No. 794 a special order.
Referred to Committee on Rules.
Under the head of special orders the following resolutions were read the third time and put upon their passage, to-wit:

MoNDAY, JuLY 18, 1910.

493

By Mr. McMahan, of Clarke-
A resolution to appropriate $15,000 to the State University of Georgia for the purpose of erecting a heating plant on the campus of the State University.
The Speaker resolved the House into a Committee of the whole and designated as Chairman Mr. McElreath, of Fulton.
After a consideration of the resolution the Committee arose and through their Chairman reported progress and asked leave to sit again.
On motion of Mr. McMichael the House adjourned and the following business was taken up in accordance with the previous action of the House.
The following Senate bills were read the first time, to-wit:

By Mr. Stevens, of 30th districtA bill to incorporate the city of Crawford. Referred to Committee on Corporations.

By Mr. Mathews, of 23d. district-
A bill to repeal an Act to incorporate the town of Roberta.
Referred to Committee on. Corporations.

494

JOURNAL OF THE HousE.

By Mr. Mathews, of 23d districtA bill to incorporate the city of Roberta. Referred to Committee on Corporations.

By Mr. Akin, of 4th district-
A bill to promote public health by ditching and draining swampy places.
Referred to Committee on Special Judiciary.

The following bills were read the second time, towit:

By Mr. Jones, of Meriwether-
A bill to amend an Act to provide for the salary of stenographer of State Bank Examiner.

By Mr. Boyd, of Spalding-
A bill to appropriate $10,000 to Georgia Experiment Station.

By Mr. Hall, of Bibb-
A bill to provide for assessment of property of which the owners are required by law to make returns to Comptroller-General.

:MoNDAY, JULY 18, 1910.

4H5

By Messrs. Alexander, Brown and McElreath of Fulton-
A resolution to pay the heirs of Sherman J. Sims.

By Mr. Stubbs, of Putnam-
A resolution to refund money to J olm D. Walker, et al., paid for charter.
By Mr. ,Jones, of Meriwether-
A resolution to appropriate money for renovating State Library.

By Mr. Hubbard, of Dawson-
A resolution to refund money to J. R. Hubbard, et al., paid for charter.

By Messrs. McElreath, Brown and Alexander, of Fulton-
A bill to appropriate $500 to reimburse the ~,re undschofts-bund.

By Mr. Bell, of Cherokee-
A bill to amend Section 982, Volume 1 of Code so as to add Canton to list of State depositories.

4-96

JouRNAL oF THE HousE.

By Mr. Alexander, of DeKalb-
A resolution touching the rights of citizens of Georgia who are litigants before the courts of Tennessee.

By Mr. Rosser, of Walker-
A bill to cede certain lands in walker county to United States Government.

By Mr. McElreath, of Fulton-
A bill to amend an Act to provide a new charter for West Point.

By Mr. Lewis, of Hancock-
A bill to amend Section 1354, Volume 1 of the Code.

By Mr. Lewis, o.f HancockA bill to amend Section 3149 of the Code.

By Mr. Harrington, of LibertyA bill to provide for the protection of fish.

MONDAY, JuLY 18, 1910.

497

By Messrs. Lord and Joiner, of WashingtonA bill to incorporate the Tennille School District.
By Mr. Alexander, of DeKalb, et al. A bill to provide for a Board of State and County
Tax returns.

By Mr. Kidd, of Baker-
A bill to abolish the City Court of Newton.
By Mr. Brown, of Carroll-
A bill to prohibit the shooting of game birds in Carroll county for two years.
By Mr. English, of Warren---:-
A bill to amend Act to create Board of Commissioners for Warren county.
By Messrs. Anderson, Lawrence and McCarthy-
A bill to amend an Act authorizing the establishment of farms as places of confinement for certain prisoners.

By Messrs. Moss and Daniel, of Cobb-
A bill to create a system of public schools for Powder Springs.

498

JOURNAL OF THE HousE..

By Mr. Barrett, of Stephens-,-
A bill to amend the charter for the town of AvaIon.

By Mr. Barrett, of Stephens-
A bill to amend the charter of the town of Martin.

By Mr. Huie, of Clayton-
A bill to repeal an Act creating the City Court of Fayetteville.

By Mr. Lewis, of Hancock-
A bill to amend an Act to amend an Act to establish public schools for town of Sparta.

By Mr. Stubbs, of Putnam-
A bill to provide for electing the Solicitor of the County Court of Putnam county by the people.

By Mr. Miller, of Calhoun-
A bill to amend Section 982, Volume 1 of the Code so as to add City of Edison to list of State depositories.

MoNDAY, JuLY 18, 1910.

499

By Mr. Moss, of Cobb-
A bill to amend an Act regulating the time that Railroad charters become dormant.
By Messrs. McElreath and Brown, of Fulton-
A bill to amend an Act to create new charter for Atlanta.

Leave of absence was granted Mr. Resse, of Glynn; Mr. Watkins, of Carroll.

The Speaker then announced the House adjourned until 9 :30 tomorrow morning.

500

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
TuEsDAY, July 19, 1910.
The House met pursuant to adjournment at 9:30 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.
By unanimous consent the following bill was read the second time and recommitted, to-wit:
By Mr. Hardeman, of Jefferson-
A bill to amend an Act governing primary elections.
By unanimous consent the following bills were read the first time, to-wit:
By Mr. Stubbs, of Putnam-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Putnam Co.
Referred to Committee on Counties and County Matters.

TUESDAY, JULY 19, 1910.

501

By Mr. Hullender, of Catoosa-
A bill to repeal an Act to incorporate the town of Boynton.
Referred to Committee on Cor.porations.

By Mr. Wood, of Banks-
A bill to create a Board of County Commissioners for the county of Banks.
Referred to Committee on Counties and County Matters.
The following resolutions ware read, to-wit:

By Mr. Alley, of White-
A resolution to make House Bill No. 383 a special order.
Referred to Committee on Rules.

By Mr. McCarthy, of Chatham-
A resolution to fix as a special order House Bill No. 434.
Referred to Committee on Rules.

502

JouRNAL OF THE HousE.

By Messrs. Johnson and Price, of Bartow-
A resolution to make House Bill No. 754 a special order.
Referred to Committee on Rules.

By Messrs. Alexander and Field, of DeKalb-
A resolution to fix House Bill No. 421 as a special order.
Referred to Committee on Rules.

By Mr. Alexander, of Fulton-
A resolution to fix as a special order House Bills Nos. 139 and 506 as special orders.
Referred to Committee on Rules.
By unanimous consent the following bills were read the second time and recommitted, to-wit:

By Mr. Lewis, of Hancock-
A bill to make it unlawful to publish opprobrious words against another.

By Mr. Huie, of Clayton-
A bill to repenl Act creating City Court of Fayetteville.

TuESDAY, JuLY 19, 1910.

50:~

By unanimous consent the following bills were read the third time and put upon their passage, to-'Yit:

By Messrs. Lord and Joiner, of Washington-
A bill to incorporate the Tennille 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. Brown, of Carroll-
A bill for the protection of game iri Carroll Co.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 114, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. English, of Warren-
A bill to amend1 etc.1 the laws to incorporate the town of Camak.

504

JouRNAL OJ:<' THE HousE.

The favorable report of the Committee was agreed
to.
On the passage of the bill the ayes were 114, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. English, of Warren-
A bill to amend an Act to create a Board of Commissioners for the county of Warren.
The favorable report of the Committee was agreed to.
On the pas~age of the bill the ayes were 118, nays, 0.
rt'he bill having received the requisite Constitu- 1 tional majority was passed.

By Mr. Stubbs, of Putnam-:-
A bill to provide for the election of the Solicitor of the County Court of Putnam county by the people.
The Committee proposed to amend Section 1 of
the bill by striking the words "a majority of" in the
fifth line thereof which was adopted.

TuESDAY, JuLY 19, 1910.

505

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 110, nays, 0.

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

By unanimous consent the following Senate bill was read the second time and recommitted, to-wit:

By Mr. Stevens, of 30th district-
A bill to incorporate the city of Crawford in the county of Oglethorpe.

By unanimous consent House Bill No. 565 was tabled.
The following resolutions were read, to-wit:

By Mr. Barrett, of Stephens-
A resolution to make Senate Bill No. 87 the special order for July 26.
Referred to Committee on Rules.

506

JouRNAL oF THE HousE.

By Mr. Reid, of Campbell-
A resolution to make House ~ill No. 792 a special order.
Referred to Committee on Rules.

By Messrs. Brown and McElreath, of Fulton-
A resolution to make House Bill No. 943 a special order.
Referred to Committee on Rules.
.By unanimous consent the following bills were read the first time, to-wit:

By Mr. Henderson, of Turner-
A bill to amend an Act to establish 'a system of public schools for the town of Ocilla.
Referred to Committee on Education.

By Mr. Rosser, of Walker-
A bill to amend the charter of the city of Rossville.
Referred to Committee on Corporations.

TuESDAY, JuLY 19, 1910.

507

By Mr. Redding, of Pike-
A bill to create the City Court of Barnesville. Referred to Committee on Special Judiciary. By Mr. Martin, of Lee-
A bill to abolish the City Court of Leesburg.
Referred to Committee on Special Judiciary.
By unanimous consent the following bill was read the third time, to-wit:
By Messrs. Johnson and Price, of Bartow-
A bill to require applicants for pardons, etc., to give notice by publication of application of same.
On motion of Mr. Hall, of Bibb, the bill was recommitted to the Penitentiary Committee.
Mr. Hall, Chairman of Committee o~ General Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary has had under consideration the following bill of the House and instruct me, as their Chairman, to report same back to the House with the recommendation that same do pass by substitute, to-wit:

508

JouRNAL OF THE HousE.

A bill to prevent the procuring of females for immoral purposes.
Also a resolution of the House with the recommendation that same do pass as amended, to-wit: .
A resolution providing for a commission to revise the judicial system.
Also the following bill of the Senate with the recommendation that same do pass, to-wit:
A bill to make wife or husband a competent witness in cases of bigamy.
Respectfully submitted,
J os. H. HALL, Chairman.

Mr. Persons, Chairman of the Committee on Con-

::;titutional Amendments, submitted the following

report:

~

111r. Speaker:

Your Committee on Constitutional Amendments has had under consideration the following bills and have authorized me, as their Chairman, to make the following report thereon:

House Bill No. 877-Do not pass.

House Bill No. 846-Do pass.

July 19th, 1910.

PERSONs, Chairman.

TuESDAY, JuLY 19, 1910.

509

The following resolution which was up for consideration when the regular hour of adjournment arrived on yesterday was taken up under head of unfinished business for further consideration, towit:

By Mr. McMahan, of Clarke-
A resolution to appropriate $15,000 for the purpose of erecting a steam heating plant for the State University.
The Speaker resolved the House into a Committee of the whole and Mr. McElreath, of Fulton, who acted as Chairman yesterday resumed the Chair.
After further consideration of the resolution the Committee arose and through its Chairman reported progress and asked leave to sit again.
Mr. Hardeman, of Jefferson, moved that the House again resolve itself into a Committee of the whole and that the Committee come to a vote on the bill, substitute and amendments in five minutes which motion prevailed.
The House again resolved itself in a Committee of the whole and Mr. McElreath resumed the chair.
After considering the resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do not pass.

510

JouRNAL oF THE HousE.

Mr. Anderson, of Chatham, moved to disagree to the unfavorable report of the Committee and on that motion the previous question was called and the main question ordered.

On the motion of Mr. Anderson, Mr. Hall, of Bibb, called the ayes and nays, which call was sustained and the vote was as follows :

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Gillis

Alexander of Fulton Godley

Allen

Hardman of Jackson

Anderson of Bullock Henderson of Irwin

Anderson of Chatham l:oltzclaw

Armistead

Huie

Atkinson

.T!nes of Meriwether

Barksdale

Keith

Baket

Ki~by

Barrett

Lawrenc<J

Boyd

Lewi3

Brinson of Emanuel Littleton

Brown of Carroll

Lovejoy

Brown of Fulton

Martin

Burch

Milikin

Buxton Culberson

1Vios1 l\facFarland

Cureton

Macintyre

Davis

McCarthy

Edwards

1\:i.cCrory

Fullbright

McElreath

Garlington

11'icMahan

Me Whorter Persons Pickett Fierce Porte: Reid of Campbell Roberts Shirley
Slad::~
Smith of Gilmer Smith of Walton Stubbs of Putnam Stubbs of Thomas 'tarve1 Tuggle l.rpshaw Vinson \\'ill ia m1 \\.: ohlwende: Wright of Floyd

Those voting in the negative were Messrs.:

Alley Atherton Au!;

Beacham Bell Berry

Booke~
Brown of Henry B:::own of Murray

TuESDAY, JuLY 19, 1910.

511

Cannon Carswell
Carte~
Childs ConveMo Cooka Couch Cowan Daniel Diekson Drawdy Edmondson Eider Ellison English :Evans Ji'ields of Crisp Ford Gsstley Graddick Onyton Hall Hardeman of J eft's 'n Harvey Hatfield
Heard

Helms

McCutchen

Henderson of 'l'nrner :McMichael of Butts

H!'ndricks

McMichael of Marion

Hill

Parker of Decatur

:tiolder of Floyd

I'arker of 'l'albot

Howell

l'opJ

Hubbard

Prioo

Hullender

Procto:

.Johnson of Bartow J:caves

.Juhnson of .Jeff Da,is Hedding

Johnson of Towns Reid of M'aeon

.Toiner

Roge:.1

Jones of Laurens

Rosse:

Kelley

Bheppard

Kendrick

E!itnmon-1

Kicklighter .

Bimpson

Kidd

8tovall

Lorrl

Stronb

Meadows of Telfair 'l'ippin!l

Meadows of Toombs Tracey

M.iller of Calhoun

'l'urner

Miller of Ware

Walters

Mitchell

\Vasden

l\.Loora

Whiteley

lVi cConnell

Wight of Grady

McCurry

"'ood

Those not voting were Messrs :

Adams Bagley Bailey Brinson of Deeatnr Butt Calbeck
Chandler Cordell Ellis Faircloth F'ender

Field of DeKalb (,riffin of Sumter Griffin of Twiggs Harrington Jones o.f Mitchell Fenhedy Middlebrooks Minte:
~.LcArthm
Olive.' Paulk

Peacock Reese R{'nt:: Rmith of Tattnall 'furnipsEe<l Waddell
\'w'atkinl white of Screyen W1oodliil W!right l}f Stewart :M::. Speake;

512

JouRNAL OF THE HousE.

The roll call was verified and on counting the votM cast it was found that the ayes were 64, nays, 87. The motion was therefore lust.
Mr. Barrett, of Stephens, moved that the bill be tabled, which motion was lost.
The unfavorable report of the Committee was agreed to and the resolution was lost.
Mr. Hardman gave notice that at the proper time he would move to reconsider the action of the House in agreeing to the unfavorable report of the Committee.
The following resolutions were read, to-wit:

By Mr. Alley, of White-

A resolution to make House Bill No. 401 a special order.
Referred to Committee on Rules.

By Mr. Heard, of Dooly-

A resolution to make House Bill No. 404 a special order.
Referred to Committee on Rules.

TUESDAY) JULY 19, 1910.

513

By Mr. Drawdy, of Clinch-
A resolution to make House Bill 722 a special order.
Referred to Committee on Rules.

By Messrs. Brown, McElreath and Alexander, of Fulton-:-
A resolution providing for a joint session on sop1e day to be designated by the Committee on Rules to hear an address by Senator-elect Sanders of the State of Louisiana.
Referred to Committee on Rules.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following Senate resolution, towit:
A resolution for the relief of J. C. Powell, J. M. Kincaid, A. J. Ballew, J. A. Freeman and A. Beaver, of Fannin county, sureties on the bail bond of Poly Beaver.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

h-17

514

JOURNAL OF THE HousE.

J.lfr. Speaker:
The Senate has passel by a requisite Constitutional mnjority the following bills of the House, towit:
A bill to repeal an Act to create a Board of Roads and Revenues for the county of Cherokee.
Also a bill to amend an Act to establish the City Court of Douglas, in the county of Coffee._
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit:
A bill to amend the charter of the town of white Plains, in the county of Greene.
A hill to amend the charter of the city of Sparta.
A hill to prohibit the exhibition of moving pictures representing any prize fight between members of different races.
A bill to provide for the management of the Judi(ial Circuits of Georgia.

TuESDAY, JuLY 19, 1910.

515

The next special order was the following resolution which was read the third time and put upon its passage, to-wit:

By Messrs. Alexander, Brown and McElreath of Ji,ulton-
A resolution to pay the heirs of Shermhil J. Sims for right of way taken by the Northeastern Railroad.
An appropriation being involved the Speaker resolved the House into a Committee of the whole and designated as Chairman Mr. Persons, of Monroe.
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 hour of adjournment having arrived the above bill was carried over as unfinished business.

The Speaker then announced the House adjourned until 9 :30 o'clock tomorrow morning.

516

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
WEDNESDAY, July 20, 1910.
The House met pursuant to adjournment at 9:30 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. McCarthy, of Chatham, asked unanimous consent to withdraw his notice of a motion to reconsider the action of the House in passing House Bill No. 839 which was granted.
By unanimous consent the following bills were read the first time, to-wit:
By Mr. Ault, of Polk-
A resolution to make House Bill No. 736 a special order.
Referred to Committee on Rules.
By Mr. Chandler, of Franklin-
A bill to repeal Act to create the office of Commissioner of Roads and Revenues for Franklin county.
Referred to Committee on Special Judiciary.

wEDNESDAY, JULY 20, 1910.

517

By Mr. Woodliff, of Forsyth-

A bill to amend Acts to incorporate the town of Cumming.

Referred to Committee on Corporations.

By Mr. Wight, of Grady--;
A bill to incorporate the town of Pine Park. Referred t'O Committee on Corporations.
By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to amend an Act to elect County School Commissioners by the people.
Referred to Committee on Education.

By Mr. Garlington, of Richmond-
A bill to amend Sectio~ 1496 of the Political Code of 1895.
Referred to Committee on Hygiene and Sanitation.

518

JouRNAL OJ<' THE HousE.

By Mr. Wasden, of Charlton~
A bill to amend the County Court Act so far as it relates to the count~ of Charlton.
Referred to Committee on Special Judiciary.

By Messrs. McMichael, of Marion; Barrett, of Stephens-
A bill to provide for local elections to determine the question of local taxation for public school:s.
Referred to Committee on Education.

By Messrs. Sheppard and Griffin, of Sumter-
A bill to appropriate $290.97 to the department of Agriculture.
Referred to Committee on Appropriations.

By Mr. Jones, of Meriwether-
A bill to amend Paragraph 3, Section 2, Article 5 of the Constitution.
Referred to Committee on Constitutional Amendments.

WEDNESDAY, JULY 20, 1910.

519

By Mr. White, of Screven-
A bill to provide for the appointment of an assistant to the Pension Commissioner.
Referred to Committee on Pensions.
By Mr. Edmondson, of Chattooga-
A bill to amend an Act to create a Board ef Commissioners of Roads and Revenues for Chattooga county.
Referred to Committee on Counties and County Matters.
By Mr. Rosser, of Walker-
. A resolution inquiring of the Governor if the Chief Executive has power to call upon the State militia at the request of private persons, etc.
The above resolution was read the second time and passed. Ayes, 82; nays, 12.
The fo11owing resolution was read, to-wit:
By Mr. Baker, of Lumpkin-
A resolution to make House Bill No. 192 a special order.
Referred to Committee on Rules.

520

JouRNAL oF THE HousE.

By Mr. Wight, of Grady-
A resolution to make House Bill No. 866 a special order.
Referred to Committee on Rules.

By Mr. White, of Screven-
A resolution to make House Bill No. 225 a special order.
Referred to Committee on Rules.
By unanimous consent the following bill was read the third time and put upon its passage, to-wit:

By Mr. Alley, of White-
A bill to amend Section 574, Volume 1 of the Code, relative to persons who are subject to road duty.
The Committee proposed the fo11owing amendment which was adopted, to-wit:
To amend by striking all of caption and Section 1, and inserting the fo11owing:

A BILL
To be entitled an Act to fix the amount of commuta-
tion tax to be paid in lieu of road work as pro-

WEDNESDAY, JULY 20, 1910.

521

vided in Section 574, Volume 1 of the Code, 1895, relating to road duties of citizens and commutation tax at not exceeding $200 in such counties of this State as have between 5900 and 5925 inhabitants; to provide for the collection and expenditure of the same in such counties, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the commutation tax to be collected in lieu of road work as provided for in Section 574, Volume 1, Code of 1895, relating to road duties of citizens and commutation tax may be two dollars per diem or less in such counties of this State as have a population of between 5900 and 5925 inhabitants according to the United States Census of 1900~ '' Also
To amend by striking "five hundred dollars" in Section 3 and inserting "two hundred dollars."
The report of the Committee which was favorable to the passage of the bill as amended, was agreed to.
. Mr. Tuggle, of Troup, moved that the bill be tabled.
No quorum having voted on the above motion Mr. Hall, of Bibb, asked for a call of the roll of t~e
House and the Speaker ordered the same and .the
following members answered to their names.

JoURNAL OF THE H~usE.

Adams

Godley

McCurry

Alexander of DeKalb Graddick

McCutchen

Alexander of Fulton Grifnn of Sumter

McElreath

Allen

Guyton

McMahan

Alley

Hall

~fcMichael of Butts

Anderson of Chatham Hardeman o'f Je~s'n McMichael of Marion

Armistead

Hardman of Jackson McWhorter

Atkinson

Harrington

Peacock

Au!:

Harvey

Pickett

Barksdale

Heard

Pierce

Bake!

Helms

Price

Barrett

Henderson of Irwin Proctor

Beacham

Henderson of Turner Hedding

Boyd

Hendrickb

Reid of Campbell

Brinson of Emanuel Hill

Brown of Carroll

IIolder of Floyd

Brown of Fulton

Holtzclaw

Reid of Macon
Robert~
Rogen

Brown of Henry

Ifullender

Sheppard

Brown of Murray Johnson of Jeff Davis Shirley

Burch Buxton Calbeck Garter Chandler Converse Cooke Couch Culberson Cureton Daniel Davis Dickson Edmondson Edwards Elder b'nglish

Joiner .Tones of Laurens .Jones of Meriwether Jones of Mitchell Kennedy Kidd Kilby Lewis Littleton Lord .Martin l\f.eadows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Milikin Mitchell

Simmon1 Slade Stron!:' Stubbs of Putnam Stubbs of Thomas 'l'arve: Tippins Tracey Tuggle 'L'urner 'I'urnipseed Upshaw Vinson Walter1 Watkin3 White of Screven Whiteley

Evans

Moore

Wight of Grady

Ford

Mos~

w.ohlwender

Fullbright

Macintyre

Wood

Garlington

McOarthy

Wright of Floyd

Gastley

McConnell

Wright of Stewart

Gillis

McCrory

WEDNESDAY, JULY 20, 1910.

523

Those absent were Messrs:

Anderson of Bvllock Athe-rton Bagley Bailey Bell Berry Booker Brinson of Decatur Butt Cannon Carswell Childs Cordell Cowan D1s.wdy Ellis FJlison Faircloth Fender f"ield of DeKalb

Fields of Crisp Gl"iffin of Twiggs Hatfield Howell Hubbard Huie Johnson of Bartow J.ohnson of Towns Keith Kelley Kendrick Kicklighter Lawrence Lovejoy Miller of Ware Minte: MacFarland l\icArthm Olivet Parker of Decatur

l'arker of Talbot Paulk Persons Popa l'orte: Reaves Reese Hent:: Rosse: Simpson ~mith of Gilmer 8mith oi Tattnall Smith of Walton ~to v a l l Waddell 'Vs.sden
William~
W.oodlifl M:. Hpeaker
'

Upon the call of the roll it was disclosed that 125 members were present.

. It having been disclosed that a quorum was present the House proceeded with the business before it.

Mr. Alexander, of DeKalb, made the point of order that the thirty minutes allowed for the granting of unanimous consents having arrived the bill under consideration would have to go over as unfinished business. The point was sustained by the Speaker..

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

524

JOURNAL OF THE HousE.

Mr. 8 peaker:
The Senate has passed by the requisite Constitutional majority the following bills of the Senate, towit:
A bill to increase the salaries of the justices of the Supreme Court.
A bill to amend Section 420 of the Penal Code prohibiting running of freight trains on the Sabbath.
The following bill which was made the special order for this time was read the third time and put upon its passage, to-wit:

By Messrs. Hill, of Monroe; Faircloth, of Johnson, et al.-
A bill to amend an Act to amend, revise and consolidate the common school laws of the State of Georgia, so as to provide that the State School Commissioner shall be General Secretary, etc., of the State Board of Education, etc.
The following amendments were adopted:

By Mr. McMichael-
To amend by striking the words "1910" wherever they occur and substituting "1911."

WEDNESDAY, JuLY 20, 1910.

525

By Mr. Ha,ll, of Bibb-
To amend Section 1 by striking all of said Section after word "of" in line 30 and insert in lieu thereof the words $1000.
Mr. Brown, of Murray, proposed to amend Mr. Hall's amendment by striking the words '"' $1000," and substituting "$1500" which was adopted.
The amendment was adopted as amended.
On the passage of the bill Mr. Michael.called for the ayes and nays which call was sustained.
The call of the roll was had but before the result of the vote could be announced Mr. McMichael moved to table the bill together with the vote thereon which motion prevailed.
I
Mr. Hardman, of Jackson, who gave notice on yesterday, moved to reconsider the action of the House in refusing to pass House Bill No. 69 which provides for an appropriation of $15,000 for a heating plant for the State University.
Mr. Edwards called the previous question which call was sustained and the main question ordered.
On the motion to reconsider the ayes were 60, nays, 48. The motion therefore prevaile"d.

526

JouRNAL oF THE HousE.

By unanimous consent House Bill No. 952 was recommitted from the Committee on General Agriculture to Committee on Appropriations.
Mr. McMahan, Chairman of the Committee on University of Georgia and its branches, submitted the following report:

Mr. Speaker:
The Committee on University of Georgia and Branches have had under consideration Senate bill No. 93 arid recommend that same do pass.
Also Senate Bill No. 194 and recommend that it do pass.
We also recommend that the author of House Bill No. 706 be allowed to withdraw same.
McMAHAN, Chairman.

Mr. Johnson, of Bartow, Chairman of the General Agricultural Committee, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture has h~d under consideration House Bills No. 914 and 952.
House Bill No. 914-A bill to be entitled an Acf

WEDNESDAY, JULY 20, 1910.

527

for increasing the skill and effectiveness of negro farmers and negro laborers, to appropriate ($3000) for said purpose and for other purposes, and instruct me, as their Chairman, to report. same back with recommendation that it do not pass.
Also House Bill No. 952-A bill to be entitled an Act to increase efficiency of the inspection of fertil-izer, authorize the employment of additional assistants, in the State Chemist's office, increase the laboratory facilities and for other purposes, and recommend that same be committed to the Committee on Appropriations, with the endorsement of this Committee.
MR. JoHNSON, of Bartow, Chairman of General Agricultural Committee.
Mr. Heard, Chairman of the Committee o:ri Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking having bad under consideration a second time House Bill No. 402 instruct me, as their Chairman, to report the same back with the recommendation that it do pass by substitute.
HEARD, Chairman.
Mr. Brown, of :H'ulton, Chairman of the Committee on Hygiene and Sanit"ation, submitted the following report:

528

JouRNAL oF THE HousE.

Mr. Speaker:
The Committee on Hygiene and Sanitation has had under .consideration House Bills Nos. 870 and 917, and recommend that the same do pass.
GEoRGE BROWN, Chairman.

Mr. Jones, of Meriwether, Chairman of Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following House bills and resolutions and instruct me, as their Chairman, to report same back with the following recommendations:

House Resolution No. 230-To pay J. F. Lynch $1,000.00. Do not pass.

House Bill No. 909-To appropriate $10,000.00 to the State Board of Entomology. Do pass.

House Bill No. 942-To appropriate $2,000.00 for Confederate Cemetery at Marietta, Ga. Do pass.

House Bill No. 951-To appropriate $11,363.67 to

the Public Building Fund. Do pass.



Respectfully submitted,

W. R. JoNEs, Chairman.

'WEDNESDAY, JULY 20, 1910.

529

Mr. Ault, Chairman of the Committee on Hoads and Bridges, submitted the following report:

llfr. Speaker:
Your Committee on Roads and Bridges having had under consideration the following bills direct me, as. their Chairman to report same with following recommendations:
That House Bill No. 905 do pass as amended.
That House Bill No. 864 do pass.
That Senate Bill No. 170 do pass by substitute.
AuLT, Chairman.

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

llfr. Speaker:
Your Committee on General ,Judiciary has had under consideration the following resolution of the House and instruct me, as their Chairman, to report same back to the House with the recommendation that same do not pass, to-wit:
A resolu,tion that the Attorney-General ,insist

530

JouRNAL oF THE HousE.

upon a final decree from the United States Supreme Court in the Ducktown case.
Respectfully submitted,
J os. H. HALL, Chairman.

Mr. Fullbright, Chairman of 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 to the House with the following recommendations:
House Bill No. 814-To create a new judicial circuit to be known as the Chickamauga circuit. Do not pass.
House Bill. No. 873-'l'o prohibit the exhibition of moving pictures reproducing prize fights between men of different races. Do pass as amended.
House Bill No. 9:27-'l'o allOlish City Court of Pulaski county. Do pass.
House Bill No. 947-To abolish Board of Commissioners of Madison county. Do pass.

WEDNESDAY, .TULY 20, 1910.

531

House Bill No. 948-To create a Board of Commissioners of Madison county. Do pass as amended.
House Bill No. 949-To amend City Court Act of Eastman. Do pass.
House Bill No. 965-To amend City Court of Nashville. Do pass.
Senate Bill No. 208-To incorporate the City of Cuthbert. Do pass.
House Bill No. 815-To amend City Court Act of Oglethorpe. Do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Jlfr. Speaker:
Your Committee on Corporations has had under - consideration the following House and Senate bills
and instruct me, as their Chairman, to report the same back with the following recommendations:
House Bill No. 956-'l'o amend the charter of the town of Doerun~ Colquitt county. Do pass.

532

JOURNAL OF THE HousE.

House Bill No. 963-To establish a system of Public Schools in the city of Senoia. Do pass.
Senate Bill No. 155~To incorporate the city of Crawford, Oglethorpe county. Do pass.
BuTT, Chairman.

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

Mr. Speaker:
The Senate has passed by the requisite Constitutional majority the following bill of the Senate, towit:
A bill to amend the Constitution of this State so as to authorize certain counties in this State to supplement the salary of judges of the Superior Court in certain circuits.
The following resolution which was brought over as unfinished business was again taken up for further consideration, to-wit:
By Messrs. Alexander, Brown and McElreath, of Fulton-
A resolution to pay the heirs of Sherman J. Sims i'or right of way taken by the Northeastern Railroad.

WEDNESDAY, JuLY 20, 1910.

533

Pending discussion on the above bill the regular hour of adjournment arrived and the Speaker having announced the fact the business for which the session was extended was taken up.

The following bills were read the first time, towit:

By Mr. Davis, of Dougherty-

A bill to create a new charter for the city of Albany.
Referred to Committee on Corporations.

By Messrs. Davis, of Dougherty; Jones, of Mitchell-
A bill to change time of holding Superior Courts of Dougherty and Mitchell counties.
Referred to Committee on Counties and County Matters.
By Messrs. Brinson and Gillis, of Emanuel-
A bill to amend an Act to create _the City Court of Swainsboro.
Referred to Committee on Special Judiciary.

534

JouRNAL OF THE Hous~.

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.
The following Senate bills were read the first time, to-wit:

By Mr. Perry, of 33d district-
A bill to increase the salaries of the justices of the Supreme Court.
Referred to Committee on General Judiciary.

By Mr. Day, of 41st district-
A resolution for the relief of ;J. G. Powell, ;T. M;.;
Kincaid, A. J. Bellew, J. A. Freeman and A. Beaver.
Referred to Committee on Counties and Co11:ntr Matters.

By Mr. Sellars, of 3d district-

A bill to prohibit the portrayal of priz~ fights-on

moving pictures.

- .

Refer1'ed to Committee on Special Judiciar)<- .:.

VY~DNESDAY, JULY 20, 1910.

535

~y Mr. Johnson, of 19th district-
A bill to amend an Act reincorporating the town of White Plains.
Referr.ed to Committee on Corporations.

By Mr. Price, of 27th districtA bill to amend Section 420 of the Pena1 Code, Referred to Committee on Railroads.

By Mr. Burwell, of 20th districtA bill to amend the charter of the town of Sparta. Re_ferred to Committee on Special Judiciary.

By Mr. McCurry, of 31st districtA bill to provide for the re-arrangement of the
judicial circuits, etc. Referred to Committee on General Judiciary.
The follo'_Ving bills were read the second time, towit:
By Mr. Ale~ander, of FtlltonA resolutioP. for the appointment of a Comrois-

536

JouRNAL OF THE HousE.

Hion to consider and report upon a revision of the judicial system of the State.

By Mr. Moss, of Cobb-
A bill to prevent the procuring of females for immoral purposes.

By Mr. Reid, of Macon-
A bill to amend an Act to create the City Court of Oglethorpe.

By Mr. Hall, of Bibb-
A bill to amend Paragraph 8, Section 1, Article 5 of the Constitution.

By Mr. Calbeck, of Gordon-

A hill to repeal an Act to amend the road laws of Georgia.

By Messrs. Slade and Wohlwender, of Muscogee-
A bill to require the sev~ral boards of health of this State to enforce the standard transit permits
i!dopted by the Georgia State Board of Embalming.

WEDNESDAY, JuLY 20, 1910.

537

By Messrs. Tarver, of Whitfield, et al.-
A bill to prohibit the exhibition of moving pictures portraying prize fights, etc.

By Messrs. Anderson, Lawrence & McCarthy, of Chatham-
A bill to authorize county Commissioners to enact and enforce regulations for the protection of public ways, etc.

By Mr. Henderson, of Irwin, et al.-
A bill to appropriate $iO,OOO to the State Board of Entomology.

By Mr. Hardeman, of Jefferson-
A bill to amend an Act to more thoroughly carry into effect an Act to prohibit the adultering and misbranding of foods.

By Mr. Peacock, of Pulaski~ A bill to abolish the City Court of Pulaski.

By Mr. Moss, of Cobb-
A bill to appropriate $2,000 for completion of Confederate Cemetery at Marietta.

538

JOURNAL OF THE HousE.

By Mr. Williams, of Madison-

A bill to repeal an Act to create the office of Commissioner of Roads and Revenues for the county of Madison.

By Mr. Williams, of Madison~

A bill to create a Board of Commissioners of Roads and Revenues for Madison county.

By Mr. Roberts, of Dodge-
A bill to amend an Act to amend an Act to create the City Court of Eastman.
By Mr. Barrett, of Stephens-

A bill to appropriate $11,363.37 to the Public Building Fund.

By Mr. Wnlters, of Colquitt-.

A hi11 to amend the charter of the town of Doerun.

By Messrs. Kirby rmd Couch, of Coweta-

A bill to establish a system of public schools in the city of Senoia.



\VEDNESD.\.1 JULY 20, 1910.

539

By Mr. Paulk, of Berrien-

I
A bill to amend an Act to establish the City Court of Nashville.

The fo1lowing Senate bills were read the second time, to-wit :

By Mr. Gordy, of 24th district-

A bill to make the wife or husband competent witness in cases of bigamy.

Ry Mr. Slaton, of 35th district-

A bill to regulate autombbiles, etc.

By Mr. Howard, of Thompson-

A bill to authorize the trustees of the State University to designate three members of said board upon each of the branch colleges of the University.

By Mr. Thompson, of 33d district-

A bill to make the President of the Board of Trustees of the State Normal School ex-officio a member of the Board of Trustees of the State University.

540

JouRNAL OJt' THE HousE.

By Mr. Irwin, of 11th district---.

A bill to create and incorporate the city of Cuthbert in lieu of the Mayor and Council of Cuthbert.

The Speaker then announced the House adjourned until 9 :30 o'clock tomorrow morning.

THURSDAY, JULY 21, 1910.

541

ATLANTA, GEORGIA,

THURSDAY, July 21, 1910.

The House met pursuan~ to adjournment at 9:30 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

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Gannon

Anderson of Bullock Carswell

Anderson of Chatham Carte;

Armistead

Chandler

Atherton

Childs

Atkinson

Converso

Aun

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Bake!

Culberson

Barrett

Cureton

Beacham

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

Brow)l of Henry

English

Brown of Murrny Evans

Faircloth Fender I:'ield of DeKn.lb Fields of Crisp Ford Fullbright Garlington Grtstley Gillis Godley Graddick (~tiffin of 8umter Griffin of Twiggs Guyton Hall Hardeman of J elf~ 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricl{S Hill Holder of Floyd

542

JouRNAL OF THE Hou:,;E.

!loltzclaw

MacFarland

Sheppard

Howell

Macintyre

Shirley

Hubbard

1\lcArthur

Kin11non5

Hullender

l\Ic( 'arthy

:::<impson

Huie

McConnell

Hlad1

Johnson of Bartow 1\icCrory

Hmitlt of Giltner

Johnson of .Teff Da,i~ 1\icCurry

Smith of Tattnall

Johnson of Towns. l\f cCutchen

Smith of Walton

,Joiner

McElreath

i:'tovall

Jones of Laurens

J\fcMahan

1-!tron:_.:

.Tones of Meriwether .:\fcMichael of Butts Stubbs of Putnam

Jones of Mitchell

McMichael of Marion Stubbs of Thoma~

Keith

McWhorte;

'farve~

Kelley

Olive!

Tippins

Kendrick

Parkm of Decatur Tracey

Kennedy

Park<lr of 'falbot

Tugglo

J(icklighter

l'aulk

'furner

Kidd

Peacock

'l'urni pst>etl

I~irby

Per~onu

l'pshaw

Lawrencu

Pickett

Vinson

Lewi~

Pierce

Waddell

Littleton

P<.pl

\\. idte1 1

Lord

l'orte!

\\'asde:1

Lovejoy

!'rice

Watki1:1

Martin

Proctor

White of Scre,cn

Meadows of Telfair Reaves

\\'hitelcy

}.Ieadows of Toombs Hedding

\\'ight of Grady

Middlebrooks

Heese

\\"illiam 1

Miller of Calhoun Miller of Ware Milikin

Reid of Campbell Heid of Macon Rent::

w.ohiwende! '.\.ool
v:.oo:J.Jjj~

Mitchell

Robertl

Wright of Floyd

1\ioor()
~iosl

Rogen Rosse.

\Yiright of Stewart 1\I:. Speaker

Mr. Minter was absent.

The Journal of yesterday's proceedings was reac:l and confirmed.

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

THuRSDAY, JuLY 21, 1910.

543

By Mr. McElreath, of Fulton-
A bill to authorize the County Commissioners of certain of the several counties to create a board of
examiners' of stationary engineers, etc.
The Committee proposed the following amendments which were adopted.
To amend by adding a new Section to be num.bered Section 13 and numbering Section 13 as Section 14, as follows: "Sec. 13. Be it further enacted that this Act shall apply only to those coun
'
ties of the State having a population of 125,000 f1ccording to the census of 1900. Also
To amend caption .by adding before the woids and for other purposes the words ''provided the Act shall apply only to counties having a population according to the census of 1900 of 125,000.
The report of the C<?mmittee which was favorable to the passage of the hill as amended was agreed to,
On the passage of the bi11 the ayes were 95, nays, 7.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Kidd, of Baker-
A 'bill to abolish the City Court of Newton m Raker county.

544

JouRNAL OF THE Hou::>E.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes "\\'ere 120, . nnys 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Barrett, of Stephens-
A bill to amend the charter of the town of Avalon.
The favornble report of the Committee was agreed to.
On the passage of the biH the ayes were 120, . nays, 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Barrett, of Stephens~
A bill to amend the charter of the town of Martin.
The Committee proposed to amend the caption by striking the word "chain-gang" wherever the same occur -and insert the words ''street-gang.''
The report of the Committee which was favorable to the passage of the bill was agreed to.

THURSDAY, JULY 21, 1910.

545

On the passage of the bill the ayes were 119, nays, 0.
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 bills of the Senate, towit:
A bill to prohibit drinking of intoxicating liquors upon railroad passenger trains and street cars.
A bill to amend Section 1496 of the Code of 1895 which prescribes qualifications for pharmacists.
A bill to provide for the proper protection of sinking funds of municipal corporations.
Mr. Stubbs, of Thomas, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment has examined and found properly enrolled, duly signed and ready for delivery to the Governor, the following Acts, to-wit:

h-18

546

JouRNAL OF THE HousE.

An Act to amend an Act to create the City Court of Douglas.
An Act to repeal an Act to create a Board of Roads and Revenues for Cherokee county.
Respectfully submitted,
J. B. STUBBs, Chairman.
The following resolution was read, to-wit:
By Mr. Smith, of Gilmer-
A resolution to make House Bill No. 751 a special order.
Referred to Committee on Rules.
At the request of the author House Bill No. 831 was recommitted.
By unanimous consent the following bills were read the first time, to-wit:
By Mr. Brown, of Carroll A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Cnrroll.
Referred to Committee on Counties and County Matters.

THuru;nAY, JuLY :n, 1910.

547

By Mr. Dickson, of Ben Hill-
A bill to regulate the slaughtering of cattle, etc., in Ben Hill county.
Referred to C0mmittee on Special Judiciary.

By Mr. Rogers, of Randolph_:_ A bill to incorporate the city of Cuthbert. Referred to Committee on Corporations.

By Mr. Dickson, of Ben Hill-
A bill to amend an Act to prescribe the duties of the Commissioners of Ben Hill county.
Referred to Committee on Special Judiciary.

By Mr. Jones, of MitchellA bill to create a new charter for Baconton. Referred to Committee on Corporations.

By Mr. Wright, of Stewart-
A resolution authorizing the State Librarian to furnish certain Georgia Reports to Stewart county.
I
Referred to Committee on Public Library.



548

J o'uRNAL m' .THE Hou~E.

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

Mr. Speaker:
Your Committee on General Judiciary has had under consideration the following bills of the House ~md instruct me, as their Chairman, to report same back to the House with the. recommendation that same do .pass, to-wit:
A bill to amend Section 4147, Code, 1895, relative to jury compensation.
A bill to amend Section.194, Volume 3, Code, 1895, relative to punishment of larceny after trust.
A bill to dispense with recording on the execution docket of Superior Court of executions issuing from othe-r courts.
Also the following bills of the House with the recommendation that same do pass as amended, to-wit:
A bill to amend Section 939, Penal Code, 1895, relative to change of venue.
A bill to make it unlawful to publish opprobrious language in newspapers, magazines, etc.
I
Also the following bills of the House with the recommendation that same do not pass, to-wit:

THURSDAY, JULY 21, 1910.

'549

A bill to make defendants in criminal proceedings competent witnesses.
A bill to authorize amendments to indictments, etc.
A bill to make it lawful for Judge to express to jury his opinion as to the evidence.
A bill to provide for creation of liens for blacksmiths.
A bill to amend Section 974, Penal Code 1895, relative to peremptory challenges.
Also the following bill of the Senate with the recommendtaion that same do pass, to-wit:
A bill to increase .salaries of the Justices of the Supreme Court.
HALL, of Bibb, Cl1airman.

Mr. Anderson, Vice-Chairman of the Committee

o.n Rules, submitted the following report:

'

Mr. Speaker:
., j'
Your Committee on Rules begs leave to submit the following report:
1. The Committee recommends that the following resolution be adopted, to-wit:

550

JouRNAL oF THE HousE.

Resolved, That individual speeches on each and ull of the pending special appropriation bills and resolutions be limited to ten (10) minutes..Adopted.
2. The Committee recommends that all bills involving an amendment to the Co~stitution of the State shall be set as a special and continuing order, in their order on the Calendar, immediately after the disposition of the Special Order covering special appropriation bills and resolutions. Adopted.
3. The Committee recommends that the following resolution be adopted:
Resolved, That the House shall hold afternoon sessions from 3 to 5 o'clock each day, except Saturday, until the special orders covering Special Appropriations and covering Constitutional Amendments are disposed of. Adopted.
4. The Committee recommends that House Bill 943, being a contested local bill to amend the charter of the city of Atlanta, be set as a special order for Friday, July 22nd, immediately after unanimous consents; and that debate on the bill shall be limited to 40 minutes, 20 minutes on each side, at the expiration of which the main question shall be considered as ordered and the vote shall be taken. Adopted.
5. The Committee recommends that Senate Resolution No. 23, ratifying the proposed 16th Amendment to the United States Constitution, be set as a

THURSDAY, JULY 21, 1910.

551

special order for Tuesday, July 26th, immediately after unanimous consents. Adopted.
Respectfully submitted,
J. R. ANDERSON, Vice-Chairman.

All the recommend.Htions embraced in the above report were adopted.

Mr. White, Chairman of the Committee on Pen- sion, submitted the following report:
Mr. Speaker:
The Committee on Pensions having had under con~ sideration Senate Bill No. 191, herewith teturn the same with recommendation that the same do pass. This, July 21, 1910.
WHITE,' Chairman.
Mr. McMichael, Chairma~ of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Eduction has consider-ed House Bill No. 980, and instructs me as its Chairman, to recommend that it do pass. ,
Respectfully submitted,
E. H. McMICHAEL, Chairman.

552

JouRNAL oF THE HousE.

Mr. Calbeck, of Gordon, Chairman of the Committee on Academy for the Blind, submitted the following report :

Mr. Speaker:
The Committee on the Academy for the Blind submits the following report to the House of Representatives in regard to their visit to the Academy on . October 27th 1909:
The Committee examined the workings of the institution in detail and found that the buildings of the Academy are in good condition. We visited the class rooms for white people and saw the pupils studying their lessons. They were under good control and took a great deal of interest in their work. We found the building for the negro department in fair condition. We find that the negro boys take readily to music. That when they get a pretty good training in music they get a position to make music for near beer saloons and other like resorts. We recommend that the negro boys be given a manual training instead of music. The pupils of the Academy in the white and colored departments, seem to
"ile W:eil fed and clot11ed :md satisfied with the treat-
ment they receive.
We believe that it would be to the best interest of the State to require that all applications for admittan<J,e of pupils into the Academy should be wit-

THURSDAY, JuLY 21, 1910.

553

nessed by an officer of the county authorized to administer oaths, in which the applicant lives_. We recommend that the General Assembly of Georgia make an appropriation to build a hospital on the grounds of the Academy, for the protection of the pupils, in case of an epidemic of any contagious disease. We commend Superintendent G. F. Oliphant for the good management of the Academy.



CALBECK, Chairman.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following bills of the House an9. Senate, and instruct me as their Chairman, to report same back with the following recommendations:
House Bill No. 356--To repeal an Act incorporating the town of Maples, Mitchell County. Do pass.
House Bill No. 883-To incorporate the city of ~ale City, Mitchell County. Do pass.
Senate Bill No. 204--To repeal the Aet incorporating the town of Roberta. Do pass.
Senate Bill No. 205-To incorporate the city of Roberta. Do pass.
BuTT, Chairman.

554

JouRNAL oF THE HousE.

Mr. Macintyre, Chairman of the Committee on Count~es and County Matters, submitted the following report:

Mr. Speaker:
The Committee on Counties and County Matters recommend that,
House Bills Nos. 860, 944, 954, 972, 982, 992, 979 and 978, all local bills, do pass.
Also, House Bill No. 970, local bill, do pass as amended.
Respectfully submitted, MAciNTYRE, Chairman.

The following resolutions were read, to-wit:
By Messrs. Hardman, of Jackson, Persons, of Monroe-
A resolution to make House Bill No. 397 a special order.
Referred to Committee on Rules.

THURSDAY, JuLY 21, 1910.

555

By Mr. Barrett, of Stephens-
A resolution to make House Bill No. 773 a special order.
Referred to Committee on Rules.

The following resolution which was brought over as unfinished business was taken up and put upon its passage, to-wit:

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

A resolution to pay the heirs of Sherman J. Sims
for right of way taken by North Eastern Railroad.

The previous question was called.

The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes and nays were ordered and tb.Q vote was as fo11ows:

Those voting. in tt,e affirmative were Messrs.:

Alexander of Fulton Alley Armistead Atherton Atkinson Auli Barksdale

~:
Bsrrett BeU
~k.er
:&yd
Bl"Pwq of C!W'Toll
BrowJJ at FttltoH

Bt-Qwa of :fleneyBurch Buxton Carte;.Childs Convers3 Cureton

G56

JouRNAL oF THE HousE.



Dickson

LawrQric~

Rogem

Edwards

Lord

~ntith of Gilmer

-~'aircloth

.Meadows of Telfair Smith of Walton

i''ender

Mitchell

Strong

Fullbright

Moo rEt

'l'arver

Clastle~

1\iosil

Tippins

Griffin of Sumter

.!\facFarlan<l

'fracey

Hall

1VicCrory

u ardman of .Jackson McCurry

ruggle l:pshaw

_;

Harvey

McElreath

Vinson

Heard

McMahan

Wasden

Jrenderson of Irwin McWhorter

Watkin!

Hendricks

l'l.'rsona

\V:hiteley

l10ltzclaw

Pickett

\Villiam.l

Howell

Pierce

\Vohlwende 1

Joiner

Proctor

\\'ootl

;rones of Laurens

Reid of Campbell

Woodlia

Jones of Meriwether Reid of Macon

Kirby

Roberts

Those voting in the negative w~re Mesbrs.:

Adams.

English

Alexander of DeKalb Fields of Crisp

Allen

Ford

Eeaeham

Godley

l>:inson of Decatur Graddick

Brinson of Emanuel Guyton

Oannon

Harrington

Cars.well

Hatfield

('handler

Helms''

Cooke

Henderson of Turner

Cordell ;,-->('ouch
Cowan

Hill Hubbard HnllendPr

Culberson D:.niel ,,

-Huie .Johnson of Bartow

Davis Drawdy. Edmondson

Jones of Mitchell Keith Kelley

Hider..

Kendrick

Ellison

, KitlJ

Martin Middlebrooks Miller of Calhoun Miller of \\'are Milikin Macintyre McConnell McCutchen McMichael of Butts McMichael of Marion Olive: Parke.r of Decatur l'arker of Taltot Paulk. l'opJ_ Porte? Priec He ayes Sheppard Shirley

THURSDAY, JuLY 21, 1910.

557

Slad3 Btovall Stubbs of Thomas

Turnipseed \\"alten

Wight of Grad:y: WTight of Ste .vart

Those not voting were Messrs. :

Anderson of Bullock Hardeman of Jeffs 'n Heddi nil

Anderson of Chatham Holder of Floyd

Heese

Bagley

;rolmson of ;Jeff Davis Rent7.

Bailey

.Johnson of Towns Rosse:

Berry

I\ ennedy

Simmon~

Brown of Murray Kicklighter

Simpson

Butt

Lewi1

Smlith of Tattnall

Calbeck

Littleton

Stubbs of Putnam

})llis

Lovejoy

'furner

Evans

Meadows of Toombs \\"addell

Field of DeKalb

Minte.'

White of Sereyen

G&rlington

~icArthut

Wright of F'loyd

Gillis

McCarthy

M::. Speakf':

G>iffin of Twiggs

Peacock

The roll call was verified and on counting the votes cast it was found that the ayes were 76; nays, 67.

The resolution was therefore lost.

Mr. Hall, of Bibb, gave notice that at the proper time he would move to reconsider the action of the House in refusing to pass the above resolution.

The following bills where made special orders, were read the third time an<;l put upon their passage, to-wit:

By Mr. McMahan, of ClarkeA bill to appropriate $25,000 to the Trustees of

558

JouRNAL OF THE HousE.

the State University for the purpose of erecting a building on the campus of the University.
An appropriation being involved the Speaker resolved the House into a Committee of the Whole, and designated as Chairman Mr. Fullbright, of Burke,
After a consideration of the bill the Committee arose and through their Chairman reported the same back with the recommendation that it do pass.
The favorable report of the Committee was disagreed to and the bill lost.

By Mr. Porter, of Floyd-
A resolution to appropriate money to pay W. L. Michael for time unlawfully served in the State Penitentiary.
On motion of Mr. Porter the above resolution was blbled.
On motion of Mr. Heard, of Dooly, 200 copies of House Bill No. 772 were ordered printed.

By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to appropriate $35,000 to the Trustees of the University for the Technological School.

THURtiDAY, JuLY 21, 1910.

559

An appropriation being involved the Speaker resolved-the House into a Committee of the Whole, and designated as Chairman Mr. Macintyre, of Thomas
After a consideration of the resolution the Committee arose and through its Chairman reported progress and asked leave to sit again.
Mr Macintyre, of Thomas, moved to adjourn, which motion prevailed.
Leave of absence was granted-
MR. HENDERSON, of Irwin, business. CARTER, of Hall, business. KENDRICK, of Taliaferro, business. WRIGHT, of Stewart, business. BROWN, of Carroll, business. HELMs, of Paulding, business. SIMPt:~:-<, of Gwinnett, busjness. BuRcH, of Laurens, business. REEVES, of McDuffie, business.
The Speaker then announced the House adjourned until 3 o'clock p.m. this afternoon.

560

JouRNAL oF THE HousE.

3 O'cLocK P. M.

The House re-convened at this hour and was called to order by the Speaker.

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

Adams

Carswell

:\lexander of .DeKalb Carte~

Alexander of Fulton Chandler

Allen

Childs

Alley

Con versa

Anderson of Bullock l'ook<1

Anderson of Chatham Cordell

Armistead

Couch

Atherton

Cowan

Atkinson

Culberson

Au!;

Cureton

Barksdale

Daniel

Bagley

Davis

Bailey

Dickson

Bake:

Drawdy

Barrett

Edmondson

Beacham

Edwards

Bell

Elder

Berry

EJlis

Booker

J<::llison

Boyd

English

Brinson of Detatur };,ans

Brinson of Emanuel 1-'aircloth

Brown of l'a.rroll

~'ender

Brown of Fulton

Ficin of DeKalb

Brown of Henry

Fields of Crisp

Brown of Murray Ford

Burch

Fullbright

Butt

(~ :trl ington

Buxton

Gastley

Calbecl<

Gillis

Cannon

Godley

Graddick Griffin of Sumter Griffin of Twiggs (;uyton Hall Hardeman of J e:IIs 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Iff<ndricks Hill :Holder of Floyd lloltzclaw Howell Hubbard Hullender Huie .Johnson of Bartow .Johnson of Jeff Davis .Johnson of Towns .Joiner .Tones of Lamens .Tones of Meriwether .Tones of Mitchell Keith Kelley Kendiick

'l'HURSDAY, JULY 21, 1910.

561

Kennedy

~!cMicha('l of Butts Hmith of Gilmer

Kicklight'3r

l\fcMichael of Marion Smith of Tattnall

Kidd

McWhorter

Smith of Walton

Kirby

o.Jive:

i:'tt>vall

Lawrenc<t

Parker of Decatur StroniJ

Lewi~1

Parker of Talbot

Stubbs of Putnam

Littleton

raulk

Stubbs of Thomas

Lord

Peacock

rarvel

Lovejoy

Persons

Tippins

Martin

Pickett

Tracey

Meadows of Telfair . Piere<t

'L'uggla

Meadows of Toombs l'op1

Turner

Middlebrooks

l'orte~

Turnipseed

Miller of Calhoun

Price

lipshaw

Miller of Ware

Proctor

Vinson

Milikin

Reaves

Waddell

Mitchell

Hedding

Walter~l

1\<ioora

Re-ese

Wasden

Moe I

Reid of Campbell

\Vatkir.s

MacFarland

Reid of Macon

White of Screven

Macintyro

Rent::

. Whiteley

McArthu:

Hoberts

Wight of Grady

McCarthy

Rogers

\\'illiam1

~IcConnell

Rosse~

Wohlwendet

McCrory

Sheppard

Wood

l\icCurry

Shirley

W10odlif1

McCutchen

Simmont

Wright of .Jo'loy<l

McElreath

Simpson

Wtright of Stewart

McMahan

Slade

1\i:. Spt-ake:

..Mr. Minter was absent.

By unanimous consent the sessiOn was extended for the purpose of:

1. Receiving reports of Committees.

2. Reading House Bills second time.

3. Reading Senate Bills first time.

562

JouRNAL oF THE HousE.

Mr. Persons moved that when the house meet on Saturday it consider general bills.
Mr. Sheppard, of Sumter, moved to amend the above motion by making the continuing special order now on the desk, the consideration of appropriation measures, the order of business for Saturday, which was adopted.
The motion was then adopted as amended.
Mr. Hall, of Bibb, moved that when the House adjourn it meet again at 9 o'clock a. m. to-morrow, which motion was lost.

The foliowin'g bill brought over as unfinished business from this morning's session was again taken up, to-wit:

By Messrs. Alexander, Brown and McElreath-

A bill to appropriate $35,000 to the Trustees of the University for the Technological School.
On motion of Mr. Sheppard the Committee were instructed to report the bill back in. half-hour.
The Speaker again resolved the House into' a Committee of the Whole, and Mr. Macintyre took . the chair.

THURSDAY; JULY 21, 1910.

563

After considering the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do pass as amended.
The main question was ordered. The following amendments were adopted:
To ~:1mend by adding the following: "Resolved further, That this appropriation shall not be available for the aforesaid purpose until the plans and
specifications for said building shall be approved oy
the Governor, and that all payments made for the erection of said building shall be made from the treasury of the State as the work progresses, upon warrants drawn by the Governor."
Also,
To amend by adding the following at the end of Section 2:
"Provided, That the appropriation herein provided for shall be paid out of any money in the treasury not otherwise appropriated by the provisions of nny general appropriation bill."
Also,
To amend by striking the word ''Academic'' in line 6, Section 1, and substitute word "s!H)p ".
The repo.rt of the Committee, which was favorable to the passage of the bill as amended, was agreed to.

564

JouRNAL oF THE HousE.

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 Godley

Alexander of }'ulton Hardeman of Jeffs 'n

AII'en

Hardman of Jackson

Anderson of Bullock HendPrson of Irwin

Anderson of Chatham Hill

Armistead

1[oltzclaw

Atherton

Huie

Atkinson Aul; Barksdale Bake: Barrett Booke;

.JunPs of Meriwether Keith Kirby Lewis Littleton Lovejoy

Boyd Brown of Carroll Brown of Fulton Buxton Ca.rswPll Converso Couch CnlbPrson Daniel Davis

Miller of Calhoun Miller of Ware Milikin l\iost MacFarland Macintyre McCarthy l\ieCrory :McCurry McCutchen

Edwards

McElrPath

}~nglish

McMahan

Ft;llbright

McMichael of Butts

earlington

:McWhorter

flillis

J'arker of Talb-ot

Paulk P'rsons l'ierce l'opo Porte: Reid of Campbell Roberti Rogers Shirley Slado Hmith of Gilmer Smith of Walton Stovall
Stron~
Stubbs of Putnam 'l'arve: 'J'uggle 'J'urner Uvshaw Vinson Wasden Watkins Wight of Grady
William~
Wohlwendel Wright of Floyd

Those voting in the negative were Messrs.:

Alley



BPaeham

Bell

Berry

Brinson of DPeatur

Brown of Henry Brown of Munay ( 'annon l'handiN ('ooko

Cordell Cowan Dickson Drawdy Eldt>r

THURSDAY, JULY 21, 1910.

565

FJlison Ford Gast_ley Graddick Griffin of Sumter Guyton Hall Harrington Harvey Hatfield Heard Henderson of Turner Jl older of Floyd

Howell

Parker of Decatur

Hullender

Procto1

.Johnson of Bartow Reid of Macon

.Tohnson of Jeff Davis Sheppard

.Jones of Laurens

Stubbs of Thomas

K.elley

'l'ippins

Kidd

Tracey

Lord

Turnipseed

:Martin

\\.alt. e n

l\Ieadows of 'felfair White of Serp,pn

~;OOr.J

\\"'hitelpy

McConnell

Woo1l

Olive:

Woodliff

Those not voting were Messrs. :

Adams Bagley Bailey Brinson of Emanuel Burch Butt Calbeck Carte" Childs Cureton Edmondson Ellis Evans Faircloth Fender Field of DeKalb

}'ields of Crisp Griffin of Twiggs Helms He.ndricks Hubbard
;rohnson of Towns
.Toiner Jones of Mitchell Kendrick Kennedy KICklighter Lawrenctl :Meadows of Toombs Middlebrooks Minte.' Mitchell

i\.icArthu:~ !lfeMichael of Marion Peacock Pickett
Pric~
Reaves Redding Heese Rent?. Rosse.' Simmon1 Simpson Smith of Tat1nall Waddell \V!I"ight of dtPwart IIi:. SpPaker

The roll call was verified and on counting the votes cast it was found that the ayes were 8~; nays, 54..

The bill having failed to receive the requisite Con btitutiorial majority, was lost.
Mr. McElreath gave notice that at the proper time

566

JOURNAL OF THE HousE.

he would move to re-consider the action of the House in refusing to pass the above bill.
Mr. Baker moved to adjourn, which motion prevailed, and the business for which the sesswn was extend~d was taken up.
Mr. Barrett, Chairman pro tern. of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under con- sideration House Bill No. 985,. which provides for municipal elections to determine the questio~ of local taxation for public schools, and directs me as Chairman, to report the ~arne with the recommendation that the same do pass as amended.
FERMOR BARRETT, Chairman Pro Tern.

Mr. Parker, Chairman of Committee on Railroads, submitted. the following report:

Mr. 8peaker:
Your Committee on Railroads have had under eonsideration the following bills of the House and Sen- ate, and instruct me, as their Chairman, to report

THURSDAY, JULY 21, 1910.

567

same hack to the House with the recommendation that same do pass, to-wit:
House Bill No. 964. Senate Bill No. 227. Also,
'fhe following bills of the House and Senate with the recommendation that same do not pass, to-wit:
House Bill No. 791. Senate Bill No. 117.
Respectfully submitted, W. M. PARKER, Chairman.

Mr. Butt, Chairman of the Commit~e on Corporations, submitted the following report:

llfr. Speaker:
Your Corporations Committee has had under consideration the following House and Senate Bills, and instruct me, as 'their Chairman, to report same back to the House as follows :
House Bill No. 974--To incorporate town Boynton. Do pass,

568

JouRNAL OF THE HousE.

House Bill No. 977-'l'o amend charter Rossville. Do pass.
How.;e Bill No. 988-'l'o incorporate town of Pine Park. Do pass.
House Bill No. 990~'l'o amend charter Cumming. Do pass.
House Bill No. 993-To create new charter of Albany. Do pass.
Senate Bill No. 224-'ro amend charter of White Plains. Do pass.
BuTT, Chairman.

The following bills were read the second time, towit:

By Mr. Edw_9.rds, of Walton.A hill to amend Section 939 of the Penal Code.

By Mr. Culberson, of LincolnA bill to amend Section 4147 of the Code of 1895.

By Mr. Lawrence, of Chatham_:_
A bi II to amend Section 194, Volume 3, of the Code.

THURSDAY, JULY 21, 1910.

569

By Mr. Alexander, of DeKalh-
A bill to dispense with recording on Superior Court Execution dockets of executions issuing from other courts.

By Mr. Alley, of White-
A bill to provide who shall be allowed to vote in stock law elections in certain counties.

By Mr. Jones, of MitchellA bill to incorporate Sale City.

By Mr. Roberts, of Dodge-
A bill to amend an Act to create a Board of Commissioners of ~oads and Revenues for the county of Dodge

By Messrs. Joiner and Lord, of Washington-
A bill to amend an Act to create a Bo~rd of Commissioners of Roads and Revenues for Washington County.

By Mr. Ford, of Worth-
.~:.. bill to regulate the preparation of live stock for market in Worth County.

570

JouRNAL OF THE HousE.

By Mr. Stubbs, of Putnam-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Putnam County.

By Mr. Wood, of Banks-
A bill to create a Board of County Commissioners for Banks County.

By Messrs. Alexander, Brown, McElreath-
A bill to amend an Act to provide for the election of County School Commissioners by the people.

By Mr. Edmondson, of Chattooga-
A bill to amend an Act to create a Board of CommissiOners of Roads and Revenues for Chattooga County.

:ay Messrs. Davis, of Dougherty, Jones, of Mitchell-
A bill to change the time of holding the Superior Courts of Mitchell and Dougherty Counties.

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

THuRsnAY,JuLY :n, 1910.

571

By Mr. Wright, of GradyA bill to incorporate the town of Pine Park.

By Mr. Woodliff, of ForsythA bill to amend the Acts to incorporate the town
of Cumming.
By Mr. Rosser, of Walker~ A bill to amend the charter of RossvilJP.

By Mr. Hullender, of Catoosa-
A bill to repeal an Act to incorporate town of Boynton.

By Mr. McMichael, of Marion-
A bill to provide for municipal elections to determine the question of taxation for public schools.

By Mr. Fullbright, of Burke-
A bill to amend Section 2279 of the Code of 1895, etc.
The following Senate Bills were read the first time, to-wit:

57~

JouRNAL OJ<' THE HousE.

By Mr. Day, of 41st District-

A bill to prohibit drinking of intoxicating liquors upon passenger trains.
Referred to Committee on 'l'emperance.

By Mr. Price, of ~7th DistrictA bill to amend Section 1496 of the Code of 1895. Referred to Committee on ~pecial Judiciary.

By Mr. Matthews, of 23rd District-
A biil to provide protection for sinking funds of municipal corporations.
Referred to Committee on General Judiciary.

By Me~srs. fHaton, of 35th District, Minis, of 18th District, Slater, of 1st District.
A bill to amend the Constitution of Georgia, so as to allow certain counties to supplement the salaries of Judges of the Superior Court.
Referred to Committee on Constitutional Amendments.

rt'HURSDAY, JULY 21, 1910.

573

Leave of absence was granted-

MR. MEADows, of Telfair, business.

/

MEADows, of Toombs, sickness.

DICKSON, business.

HATFIELD, of Coffee, business.

PAuLK, of Berrien, business.

CARSWELL, of Wilkinson, business.

The Speaker then announced the House adjourned until 9 :30 o'clock to-morrow morning.

574

JouRNAL oF THE Hom:m.

ATLANTA, GEoRGIA.

FRIDAY, JuLY 22, HHO.

The House met pursuant to adjournment at 9 :30 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

Burch

.-\lexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carte~

Armistead

Chandler

Atherton

Childs

Atkinson

Convers3

Au!;

Cooko

Barksdale

Cordell

Bagley

Couch

Baiiey

Cowan

Baket

Culberson

Barrett

Cureton

Beacham

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

Brown of -Murr:a:y Evans

Faircloth Fender F'ield of DeKalb Piclds of Urisp Ford Fullbright (,arlington nastley Gillis Godley, Gmddick Griffin of .Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henilerson of Turner Hendricks Hill Eolder of Floyd

FRIDAY, JuLY 22, 1910.

575

Holtzclaw

MacFarland

Shirley

Howell

.Macintyre

Simmom

Hubbard

McArthm

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Sm!i.th of Gilmer

Johnson of Bartow kicCrory Johnson of Jeff Davis ~icCurry _

Smlith of Tattnall Smith of Walton

Johnson of ToWJJs McCutchen

Stovall

Joiner

McElreath

Stron!!

Jones of Laurens

McMahan

Stubbs of Putnam

;Iones of Meriwether l\IcMichael of Butts Stubbs of Thomas

Jones of Mitchell

McMichael of Marion 1"arv.e~

Keith

McWhorte1

'l'ippin3

Kelley

(Jlive.-

'l'racey

Kendrick

Parker of Decatur 'fugglo

Kennedy

Parker of Talbot

'l'urner

Kicklighter

Paulk

Turnipseed

Kidd

Peacocl\

Upshaw

h.irby

Persons

Vinson

Lawrenco

Fierce

Waddell

Littleton

PopJ

Walten

Lewi1

Por,te:

Wasden

Lori!

I'rico

Watkin!

Lovejoy

Proctor

"'\yhito of Screven

Martin

Reave~

'Whiteley

Meadows of Telfair J\,pdding

Wight of Grady

Meadows of Toombs :MiddiPbrooks Miller of Calhoun Miller of Ware

Reese Reid of Campbell Reid of Mfteon Rent:;

William 1 Wohlwende; Woo.] Wood! if~

Milikin

Roberh

Wright of Floyd

Mitchell

Hogen

\\',right of Stewart

l\iooro

RossP~

M~. Np(.'j.k,~

~ios:1

Sheppard

Mr. Minter was absent.

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

By unanimous consent the following bill which

576

JouRNAL oF THE HousE.

was read the third time an~ put upon its passage on July 20th, was again taken up for passage, to-wit:

By Mr. Alley, of White-
A bill to amend Section 574, Volume 1, of the Code, relative to road laws.
The substitute offered was adopted on July 20.
The report of the Committee, which was favorable to the passage of the bill by substitut~, was agreed to.
On the passage of the bill the ayes were 110; nays 12.
The bill having received the requisite Constitutional majority was passed by substitute.
By unanimous consent the following Senate bills were read the third time and put upon their passage, to-wit:

By Mr. Stevens, of 30th District/.
A bill to incorporate the city of Crawford in the eounty of Oglethorpe.
The favorable report of the Committee was agreed to.

FRIDAY, JULY 22, 1910.

577

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 3rd time and put upon their passage, to-wit:

By Messrs. Moss and Daniel, of Cobb-
A bill to create a system of Puolic Schools for the town of Powder Spri~gs. ,
The favorable report of the Comi]littee was agreed to.
On the passage of the bill the ayes were 113; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Bell, of Cherokee-
A bill to amend Section 982, Volume 1, of the Code, so as to add Canton to list .of State Depositories.
The favorable report of the Committee was agreed to.

h-19

578

J OliRNAL OF THE HousE.

On the passage of the bill the ayes were 100; nays, 0.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent the following Senate Bills were read the second time, to-wit:
_By Mr. Mathews, of 23rd District.-
A bill to incorporate the city of Roberta.

By Mr. Mathews of 23rd District-
A bill to repeal an Act to incorporate the town of Roberta.
By Mr. J olmson, of 19th District-
A bill to amend an Act to re-incorporate the town of white Plains.
By unanimous consent the following hills were read the first time, to-wit:

By Messrs. Kirby and Couch, of Coweta-
A hill to amend the charter of the town of Grantville.
Referred to Committee on Corporations.

};-,lUDAY, JULY :!2, 1910.

By Mr. Gillis, of EmanuelA resolution to pay T. F. Cobb $150.00 Referred to Committee on Special Judiciary.

By Messrs. Ault, of Polk, Vinson, of Baldwin, Barrett, of Stephens-
A bill to amend an Act to provide for the emploY:ment of felony and misdemeanor male convicts upon the public roads of this State.
Referred to Committee on Penitentiary.

By Mr. Ale:x:ander, of DeKalb-

A resolution providing for a joint Committee to

report to the next General Assenibly a classification

of municipal corporations and a general system of

charters therefor.



Referred to Committee on Corporations.

By unanimous consent the following bill was read the third time and put upon its passage, to-wit:
'
By Messrs. Fullbright, of Burke, Garlington, of Richmond-
A bill to amend Section 2279 of the Code of 1895, fixing time when responsibility of common carriers commences, etc.

580

JouRNAL oF THE HousE.

The time for granting unanimous consents having expired the above bill was carried over as unfinished business.
The following resolution was read, to-wit:

By Mr. ~'ield, of DeKalb-
A resolution to make House Bill No. 340 a special order.
Referred to Committee on Rules.
Mr. Lovejoy, of Troup, moved to re-consider the action of the House in agreeing to take up general bills during to-morrow's session, which motion prevailed.
Mr. Hall, of Bibb, moved to re-consider the action of the House in refusing to pass House Resolution No. 67, relative to adjusting claim of heirs of Sherman J. Sims, which motion prevailed.
Mr. McElreath moved that the House re-consider its action in refusing to pass House Bill No. 137, to appropriate $35,000 to Technological School, which motion prevailed.
Mr. McMahan, of Clarke, moved that the House re-consider its action in refusing to agree to the favorable report of the Committee on House Bill No.

FRIDAY, JuLY 22, 1910.

581

71, to appropriate $25,000 to the State Normal School, which motion was lost.
Mr. Alexander moved to re-consider the action of the House in limiting debate on contested local bill No. 943 which was made the special order for to-day, which motion was lost.
The following bill which was made the special order for this morning was read the third time and put upon ih; ~-,assage, to-wit:

By Messrs McElreath and Brown, of Fulton-
A bill to amend an Act to create a new charter for
the city of Atla11ta.
On agreeing to the report of the Committee, which was favorable to the passage of the bill, Mr. Alexander, of, Fulton, called for the ayes and nays, which call was sustained, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Allen Anderson of Bullock Atherton AtkinsoP Ault Barksdale Bailey Barrett Bell Booker

Brinson of Decatur Brinson of Emanuel Brown of Fulton Brown of Henry Buxton Calbeck Cannon Childs Converso Couch Culberson

Daniel Drawdy .Edwards Ellison English Faircloth F'ield of DeKalb F'ields of Crisp Fullbright Graddiek Griffin of Sumter

582

JoURNAL OF THE HousE.

Guyton Hall Hardeman of Jeffs'n Hardman of Jackson Harrington Heard Hendricks Holder of Floyd Howell Hubbard Hullender Huie Johnson of Bartow Joiner Jones of Laurens Jones of Meriwether Jones of Mitchell Keith Kennedy Kirby

Lawrenca

Roberts

Littleton

Rosset

Lord

Sheppard

Martin

Shirley

Milikin

Simpson

Mitchell

Slade

Moora

Smith of Walton

1\fos:J

Stovall

McCarthy

Stubbs of Putnam

McConnell

Tarver

McCrory

'l'ippins

McCutchen

Upshaw

McElreath

Walters.

McMichael of Marion Wasden

Parker of Decatur Watkins

Parker of Talbot

White of ScreYen

Pope

Whiteley

Porter

l\'ood

R.eid of Campbell

Woodliff

R.eid of Macon

Wright of Floyd

Those voting in the negative were Messrs.:

Adams

Gillis

Alexander of Fulton ' Godley

Armistead

Harvey

Baker

Helms

Brown of Murr.ay Holtzclaw

Burch

Kelley

Carter

Kidd

Chandler

I"ewil

Cooke

Lovejoy

Cowan

Miller of Calhoun

Davis

Miller of Ware

Edmondson

MacFarland

Elder

Macintyre

Garlington

McCurry

Gastley

::\fcMahan

McMichael of Butts McWhorter Oliver Persons Pickett Price Proctor R.ogers Strong Stubbs of Thomas Tracey Tuggle 'l'urnipseed Wight of Grady

Those not voting were Messrs. :

Alley

Beachaw

Anderson of Chatham Berry

Bagley

Boyd

Brown of Carroll Butt Carswell

FRIDAY, JuLY 22; 1910.

583

Cordell

Johnson of Towns Reese

Ctireton

Kendrick

R.enta

Dickson

Kicklighter

Simmons

Ellis

Meadows of Telfair Smith of Gilmer

Evans

Meadows of Toombs Smith of Tattnall

Fender

Middlebrooks

'i"urner

:E'ord

Minte:

Vinson

Griffin of Twiggs

McArthur

Waddell

Hatfield

Paulk

Williams

Henderson of Irwin Peacock

\\.ohlwender

Henderson of Turner Pierce

\\iight of Stewar

Hill

Reaves

Mf. Speaker

Johnson of Jeff Davis Redding

The roll call was verified and on counting the votes cast it was found that the ayes were 93; nays 44. The favorable report of the Committee was therefore agreed to.
On the passage of the bill the ayes and nays were ordered on motion of Mr. McElreath, and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams Alexander of DeKalb Allen Anderson of Bullock Anderson of Chatham Atherton Atkinson AuU Barksdale Bailey Barrett Bell Booker Boyd Brinson of Decatur

Brinson of Emanuel Brown of Fulton Brown of Henry Buxto11. Calbeck Cannon Childs ConversP Cooke Cordell Couch Cowan Culberson Daniel Drawdy

Edwards Ellison English l'aircloth Field of DeKalb :E'ields of Crisp Ford Fullbright Godley C1iffin of Sumter Guyton Hall Hardeman of Jeffs 'n Hardman of Jackson Harrington

584

JouRNAL OF THE HousE.

Hendricks Howell Hubbard Hullender Huie Johnson of :eattow Joiner Jones uf Laurens .Jones of Meriwether Jones of Mitchell Keith Kennedy Kicklightt>r Kidd Kirby Lawrence Lewis Littleton Lord Martin Miller of Ware

Milikin

Shirley

Mitchell

Simpson

Moort

Slade

Mos~

Smith of Walton

MacFarland

Stovall

McCarthy

Stubbs of Putnam

McConnell

Tarve~

McCrory

'l'ippins

McCutchen

'l'urner

McElreath

Upshaw

McMichael of Marion Vinson

Parker of Decatur Walters

I'arker of Talbot

Wasden

Pope

Watkin1

l'ortel

W bite of Screven

Redding

Whiteley

Reid of Campbell Williaml

Reid of Macon

Wood

Roberts

W.oodlill

Rosser

Wright of Floyd

Sheppard

Thos'e voting in the negative were Messrs.:

Alexander of Fulton Armistead Brown of Murray Carter Chandler Davis Edmondson Elder Garlington Gastley

Gillis Grad dick Harvey Helms Hill lloltzelaw Kelley Lovejoy Macintyre McMahan

:McMichael of Butts McWhorter Olivet Pickett Rogers Stubbs of Thomas Tracey 'fuggle Turnipseed Wight of Grady

Those not voting were Messrs. :

Alley Bagley Baker Beacham Berry

Brown of Carrol Burch Butt Carswell Cureton

Dickson Ellis Evans Fender Griffin of Twiggs

FRIDAY, JULY 22, 1910.

585

Hatfield

Miller of Calhoun

Heard

Minter

Henderson of Irwin McArthur

Henderson of Turner McCurry

Holder of Floyd

Paulk

Johnson of Jeff Davis Peacock

J uhnson of Towns Persons

Kendric!t

Pie reo

Meadows of Telfair Price

Meadows of Toombs Proctor

Middlebrooks

Reaves

Reese Rentz Simmons Smith of Gilmer Smith of Tattnall Strong Waddell Wohlwender Wright of St~>wart Mr. Speaker

The roll call was verified and on counting the votes cast it was found that the ayes were 107; nays, 30.

The bill having received the requisite Constitutional majority was passed.
On motion of Mr. Moss, of Cobb, the session of the House was extended for the purpose of

Reading Committee Reports.

Reading bills first time.

Reading House and Senate Bills second time.

By Mr. Jones, of Meriwether-
A bill to amend Paragraph 3, Section 2, Article 5, of the Constitution.

By Mr. Moss, of Cobb-
A bill to authorize the holding of an election in Marietta for the issuance of bonds for water works.

586

JouRNAL oF THE HousE.

By Mr. Moss, of Cobb-
A bill to amend an Act to create a new charter for the city 'of Marietta.
The two above bills were recommitted.
The following resolutions. which were made a special order was read the third time and put upon its passage, to-wit:

By Mr. Calbeck, of Gordon-
A resolution to appropriate $2,500 for the purpose of building a wall around Resaca Cemetery.
An appropriation being involved the Speaker re-solved the House into a Committee of the whole and designated as Chairman Mr. Vinson, pf Baldwin.
After considering the resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass as amended.
The Committee proposed to amend by striking '' $2,500'' wherever the same occurs and insert in lieu thereof the figures "$1,500." The amendment was adopted.
The ayes and nays were called and the vote was as follows:

FRIDAY, JuLY 22, 1910.

587

Those voting in the affirmative were Messrs.:

Adams

Field of DeKalb

Alexander of DeKalb Ford

Allen

Garlington

Anderson of Chatham Gillis

Armistead

Graddick

Atherton

G,iffin of Sumter

Atkinson

Guyton

Ault

Hall

Barksdale

Hardeman of Jeffs 'n

Bailey

Hardman ol' Jackson

Bakel

Harvey

'Barrett

Helms

Bell

Hendricks

Booker

Hill

Brinson of Decatur Holtzclaw

Brinson of Emanuel Howell

Brown of Fulton Brown of Henry Brown of Murray

Hubbard Hullender Huie

Burch Buxton Calbeck Cannon Carter Chandler Childs Converse Cooke Cordell Couch Culberson Daniel Davis Drawdy Edmondson Edwards

Johnson of Bartow Jones of Laurens Jrmes of Meriwether Jones of Mitchell Keith Kelley Kennedy Kidd Kirby Lewis Littleton Lord Lovejoy Martin Miller of Calhoun Miller of Ware Milikiu

Elder

Mitchell

:F;Jlison

Mooro

English

Moss

Faireloth

MacFarland

McCarthy McConnell McCrory McCurry McCutchen McMahan ~fcMichael of Butts McMichael of Marion McWhorter Oliver Parker of Decatur Parker of Talbot Pickett Pierce Pope Porte: Pric& Proctor Redding Reid of Campbell Roberts Rogers Rosser Sheppard Shirley Simpson Slade ~mith of Gilmer Smith of Walton Stovall Strong Stubbs of Thomas 'rarvel 'fippina Tuggle Turner Turnipseed Upshaw Vinson Waddell

588

JoURNAL OF THE HousE.

Walters Watkins Whiteley

Wight of Grady Williams Wood

Woodliff 'Vright of Floyd

Those voting in the negative were Messrs.:

Fields of Crisp }'nllbright

Gastley Godley

. Macintyre Stubbs of Putnam

Those not voting were Messrs. :

Alexander of Fulton Alley Anderson of Bullock Bagley Beacham Berry Boyd Brown of Carroll Butt Carswell Cowan Cureton Dickson F.llis E,ans }'ender Griffin of Twiggs

Harrington

McElreath

Hatfield

Paulk

Heard

Peacock

Henderson of Irwin Persons

"Henderson of Turner Ueaves

Holder of Floyd

Reese

Johnson of Jeff Davis Reid of Maeon

Johnson of Towns Uentz

Joiner

Simmons

Kendrick

Smith of Tattnall

Kicklightar

Tracey

Lawrencu

Waaden

Meadows of Telfair White of Screven

Meadows of Toombs Wohlwender

Middlebrooks

Wright of Stewart

Minter

:Mt. Speaker

McArthur

By unanimous consent the verification of the roll

call was dispensed with.

,

On the passage of the resolution the ayes were 128, nays, 6.
The resolution having received the requisite Constitutional majority was passed.

FRIDAY, JuLY 22, 1910.

589

By Mr. Moore, of Columbia-

A resolution to pay Mrs. R. A. Lynn the pension due her.

An appropriation being involved the Speaker resolved the House in the Committee of the whole and designated as Chairman, Mr. Alexander, of Fulton.

After a consideration of the resolution the Committee arose and through its Chairman, reported the same back with the recommendation th~t it do pass.

The favorable report of the Committee was agreed to.

The ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Brown of Henry

Alexander of DeKalb Calbeck

Alexander of l<'ulton Carter

Allen

Chandler

Anderson of Chatham Childs

Armistead

Converse

Atherton

Cooke

Atkinson

Corilell

Ault

Couch

Barksdale

Culberson

Baker

Daniel

Barrett

Drawdy

Bell

lA!mondson

Booker

Edwards

Brinson of Decatur Elder

Brown of Fulton

English

Faircloth Field of DeKalb Fields of Crisp Pord I'ullbright Garlington Gastley Gillis Graddick Griffin of Sumter Guyton Hall Hardman :>f .Jackson Harrington Helms Hill

590

JOURNAL OF THE Hous:E.

Holtzclaw Hullender Huie Jones of Laurens J1>nes of Meriwether Kelley Kendrick Kirby I ..ewil Littleton Lord Lovejoy Martin Miller of Ware Milikin Mooro
Mos~
MacFarland l\lacTntyre McConnell McCrory :McCurry

McCutchen McElreath McMahan McMichael of Butts :?lrcWJ.ortel" Olivet Parke.r of Tal hot Pickett PopJ Porte1 Prico Proctor Redding Reid of Campbell Roberts Rogers I:osset Sheppard Shirley Simpson Slade Smith of Gilmer

Smith of Walton Stovall Strong Stubbs of Putnam Tarve: Tippins 'l'ngglo Turner 'l'urni pseed Upshaw Vinson Waddell Walters Watkins White of Screven \Vhiteley Wight of Grady William! \\'ood Woodlifl

Those not voting were Messrs. :

Alley Anderson of Bnllock Bagley Bailey Beacham Berry Boyd Brinson of Emanuel Brown of Carroll Brown of Murray Burch Butt Buxton Cannon Carswell Cowan Cureton

navis Dickson Ellis Ellison Evans Pender Godley GJiffin of 'Twiggs Hardeman of .Tcffs 'n Harvey Hatfield Heard Jfpnderson of Irwin Henderson of Turner . Hendrich Holder of Floyd Howell

Hubbard .Tohnson of Bartow .Tohnson of .Teff Da_vis .1 ohnson of Towns .Toiner Jones of Mitchell Keith J\enncdy Kicklight<Jr Kidd Lawrence Meadows of Telfair Meadows of Toombs MiddlPbrooks Miller of Calhoun Minter Mitchell

/

!i'IUDAY, JULY 22, 1910.

591

.McArt bur

PiP reo

:McCarthy

Heaye~

McMichael of Marion Reeso

Parker of Decatur Heid of Macon

Paulk

Rentz

Peacock

Sitntnons

Persons

Smith of Tattnall

Stubbs of Tho1uas Tracey wasden
"'ohlwender Wright of Floyd Wright of Stewart l\1:. Speakl'r

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

On the passage of the resolution the ayes were 112, nays, 0.

The resolution having received the requisite Constitutional majority was passed.

The regular hour of adjournment having arrived the business for which the session was extended was taken up.

Mr. Fullbright, Chairman of Special ,Judiciary Committee, submitted the following 'report:.

M_r. Speaker:
Your Committee on Special Judiciary Has had under consideration the following bills of the House and ~nstruct me, as its Chairman, to report them back with the following recommendations:
House Bill No. 928~To abolish the County Court of Morgan county. Do pass.



59~

JouRNAL oF THE HousE.

House Bill No. 929-To create City Court of Madison. Do pass.
House Bill No. 930-To amend the charter of Madison. Do pass.
House Bill No. 994-To amend City Court of Fitzgerald. Do pass.
House Bill No. 996-To regulate the purchase and slaughter of animals in Ben Hill county. Do pass.
House Bill No. 997-To divide Ben Hill county into three road districts. Do pass.
House Bill No. 991-To amend Act creating City Court of Swainsboro. Do pass.
House Bill No. 981-To repeal Act creating Board of Commissioners for Franklin county. Do pass as amended.
House Bill No. 958-To amend charter of Marietta. Do pass.
House Bill No. 960-To authorize bond election for Marietta. Do pass.
House Bill No. 962-To authorize Marietta to hold bond election for waterworks. no pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

FRIDAY, JuLY 22, 1910.

593

Mr. White, Chairman of the Committee on Pensions, submitted the following:

Mr. Speaker:
The Committ~e on Pensions having had under consideration the following bill, to-wit: House Bill No. 987 return the same with the recommendation that the same do pass.
WHITE, Chairman. This 22d day of July, 1910.

Mr. Persons, Chairman of the Committee on Constitutional Amendments, submitted the ft11lowing report:

Mr. Speaker:
Your Committee on Constitutional Amendments has had under consideration the following bills and have authorized me, as their Chairman, to report the same to the House with the following recommendation:
Senate Bill No. 243-Do pass.
House Bill No. 893-'-Dopass.
House Bill No. 984-Do pass.
House Bill No. 861-Do not pass.
PERSONs,. Chairman.

59

J UURN AL OF THE lluU~E.

rrhe following bill~ were read the first time, .towit:

By Mr. Hill, of Monroe-
A bill to amend an Act to regulate the holding of primary elections.
Referred to Committee on General Judiciary.

By Mr. Jones, of Meriwether-
A resolution to make appropriation to meet deficiency .in printing fund.
Referred to Committee on Appropriations.

By Mr. Ji,aircloth, of JohnsonA bill to amend the charter of the town of Kite.
Referred to Committee on Corporations.
By M.r. Fullbright, of Burke~ A hill to amend an Act to authorize the publica-
tion of certain Georgia Reports. Referred to Committee on Special Judiciary. The following bills were read the second time, to-
wit:

FRID;\Y, JuLY 22, 1910.

595

By Mr. Moss, of Cobb-
A bill to authorize the Mayor and Council of Marietta to hold an election to determine whether or not bonds shall be issued for waterworks.

By Mr. Moss, of Cobb-
A bill to authorize the Mayor and Council of Marietta to hold an election to determine whether or not bonds shall be issued for extension of sewerage.

By Mr. Moss, of Cobb-
A bill to amend an Act to create a new charter for Marietta.

By Mr. Chandler, of Franklin.,-
A bill to repeal Act to create the office of Commissioner of Roads and Revenues for Franklin county.
By Messrs. Brinson and Gillis, of Emanuel-
A bill to amend an Act to create the City Court of Swainsboro.

By Mr. Dickson, of Ben Hill-
A bill to. amend Act to prescribe the duties of ' Commissioners of Roads and Revenues for Ben Hill
county.

596

:flo JOURNAL OF THE

USE.

By Mr. Dickson, of Ben Hill-

A bill to regulate the slaughtering of cattle in Ben Hill county.
By Mr. Dickson, of Ben Hill-

A bill to amend an Act to create the City Court of Fitzgerald.

.By Mr. Atkinson, of Morgan-
A bill to amend an Act to create the new charter of Madison.

By Mr. Atkinson, of Morgan~ A bill to create the City Court of Madison.

.By Mr. Atkinson, of Morgan-

A bill to repeal an Act to create the County Court of Morgan county.

By Mr. White, of Screven-

--

A bill to provide for an appointment of an assistant to the Pension Commissioner.

FRIDAY, JuLY 22, 1910.

597

By Mr. McCrory, of Schley-
A bill to amend Article 7, Section 2, Paragraph l, of the Constitution of 1877.
Leave of absence was granted Mr. Armistead, of Oglethorpe, business ; Wood, of Banks, business ; Booker, of Wilkes, business; Parker, of Talbot, business; Elder, of Oconee, business; Waddell, of Haralson, business ; Ellison, of Harris, business ; Huie, of Clayton, business; Edwards, of Walto_n, business; Brown, of Henry, business; Price, of Bartow, business; Heard, of Dooly, business; Daniell, of Cobb, business; Lord, of Washington, business; Johnson, of Jeff Davis, business; Middlebrooks, of Newton, business ; Hardman, of Jackson, business ; Henderson, of Turner, business.
The Speaker then 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.

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

Adams Alexander of DeKalb AleJ<:ander of' F'ulton Allen

Alley

Atherton

Anderson of Bullock Atkinson

Anderson of Chatham Ault

Armistead

Barksdale

598

JouRNAL oF THE HousE.

Bagley Bailey Baket Barrett Beacham Bell Berry Booker Boyd Brinson of Decatur Brinson of Emanuel Brown of Carrol Brown of Fulton Brown of Henry Brown of Murray Burch Butt Buxton Calbeck Cannon Carswell Carter Chandler Childs Converse Cooke Cordell C<mch Cowan Culberson Cureton Daniel Davis Dickson Drawdy
}~dmondson
Edwards Elder Ellis F.llison English Evans Faircloth

Fender

Kidd

Io'ield of DeKalb

Kirby

E'ields of Crisp

Lawrence

Ford

Lewi:J

E'ullbright

Littleton

Garlington

Lord

Gastley

Lovejoy

Gillis

Martin

Godley

Meadows of Telfair

Grad dick

Meadows of Toombs

Griffin of Sumter

Middlebrooks

Griffin of Twiggs

Miller of Calhoun

Guyton

Miller of Ware

Hall

Milikin

Hardeman of Jeffs 'n Hardman of Jackson Harrington

Minter Mitchell ?.f oore

Harvey

Moss

Hatfield

MacFarland

Heard

Macintyre

Helms

McArthur

Henderson of Irwin :McCarthy

Henderson of Turner McConnell

Hendricks

McCrory

Hill

McCurry

Holder of Floyd Holtzclaw

McCutchen McElreath

Howell

McMahan

Hubbard Hullender

:NicMichael of Butts McMichael of Marion

Hnie Johnson of Bartow

McWhorter Oliver

Johnson of Jeff Davis Parker of Decatur

Johnson of Towns Parker of Talbot

Joiner Jones of Laurens

l'aulk Peacoclt

J'ones of Meriwether Persons

Jones of Mitchell

Pickett

Keith

l'ierce

Kelley

Popo

Kendrick

rorter

Kennedy

Price

Kick! ighter

Proctor

FRIDAY, JuLY 2:2, 1910.

599

Reaves Redding Reese Reid of Campbell Reid of Maeon R-entz Roberts Rogeu Rosser Sheppard Shirley
Simmon:~
Simpson Slade Smith of Gilmer

Smith of Tattnal! Smith of Walton
~tovall
Strong Stubbs of Putnam Stubbs of 'l'homas 'l"arve: Tippins 'l'racey 'l'ugglo 'furner Turnipseed Upshaw Vinson Waddell

\\'altl'm Wasden Watkin:! White of Screven Whiteley Wight of Grady \\'i IIia 1111 Wohlwender Wood w.oodlifl Wright of Floyd Wright of Stewart :r,f .. . Speaker

The following resolutions which were. the special orders for this afternoon's session were read the third time and put upon their passage, to-wit:

By Messrs. Reid, of Campbell and Alexander, ofDeKalb-
A resolution to appropriate $281.25 to pay balance past due salary for 1909 of Assistant Librarians.
An appropriation being involved the Speaker resolved the House into a Committee of the whole and designated as Chairman, Mr. Garlington, of Richmond.
After a consideration of the resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.

600

JouRNAL m THE HousE.

The favorable report of the Committee was agreed to.

On the passage of the resolution tb~ ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Adams

Fender

.Alexander of DeKalb Pield of DeKalb

Alexander of Fulton Fields of Crisp

Atherton

Ford

Atkinson

Fullbright

AuU

Garlington

Barksdale

Gastley

Bakel

Gillis

Barrett

Godley

Bell

Graddick

Berry

Guyton

Brinson of Decatur Hall

Brinson of Emanuel Hardeman of Jeffs'n

Brown of Henry

Harrington

Brown of Murray Buxton Calbeck Cannon Carter Chandler Childs Conversq Cooke Cordell Couch Cowau Culberson Daniel

Harvey Holder of Floyd Holtzclaw Hubbard Hullender Huie Johnson of Bartow Joiner Jones of Laurens .Tones of Meriwether Jones of Mitchell Keith Kelley Kennedy

Davis

Kidd

Drawdy

Kirby

Elli!!on

Lewi1

English

Littleton

}'aireloth

Lord

........ --'"'

Martin Miller of Calhoun Miller of Ware Milikin Mitchell Mooro
l\ios~
MacFarland Macintyre McCarthy McConnell McCutchen McElreath McMahan McMichael of Butts McWhorter Olive: Parker of Decatur Persons Pierce Popo Porte:
Prictt Proctor Reid of Campbell Reid of Macon Roberts Rosser
~heppard
Shirley Simpson Slade Smith of Gilmer

FRIDAY, JULY 22, 1910.

601

Smith of Walton Stovall Strong. Stubbs of Thomas Tarver Tippins Tracey Tuggle

Turner Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins

White of Screven Whiteley Wight of Grady Williaml
Woodlif~
Wright of Yloyd

Those not voting were Messrs. :

Allen

E\ans

Minter

Alley

Griffin of Sumter

McArthur

Anderson of Bullock GTiffin of Twiggs

McCrory

Anderson of Chatham Hardman of Jackson McCurry

Armistead

Hatfield

~[cMichael of Marion

Bagley

Heard

Parker of Talbot

Bailey

Helms

Paulk

Beacham

Henderson of Irwin Peacock

Booker

Henderson of Turner Pickett

Boyd

Hendricks

Reaves

Brown of Carroll

Hill

Redding

Brown of Fulton

Howell

Reese

Burch

Johnson of Jeif Davis Rentz

Butt

Johnson of Towns Rogers

Carswell

Kendrick

Simmons

Cureton

Kicklighter

Smith of Tattnall

Dickson

Lawrence

Stubbs of Putnam

Edmondson

Lovejoy

Wohlwender

Edwards

Meadows of Telfair Wood

Elder

Meadows of Toombs W:ri~bt of Stewart

Ellis

Middlebrooks

M:r. Speahr

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

On the passage of the resolution the ayes were 121, nays, 0.

The J,"esolution having received the requisite Constitutional majority was passed.

602

JOURNAL oF THE HousE.

By Mr. Stubbs, of Putnam-
A resolution to refund $50.00 to Jno. D. walker, et al., paid for charter.
An appropriation being involved the Speaker resolved the House into a Committee of the whole with Mr. Upshaw, of Douglas, in the Chair.

After a consideration of the resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass as amended.
On motion of l\fr. Fields, of Dooly, the resolution was tabled.

By Mr. Jones, of Meriwether-
A resolution to appropriate money for renovating and re-decorating of State Library.
On motion of Mr. Jones the resolution was tabled.
By unanimous consent the following resolution was taken from the table and placed on its passage, to-wit:

By Mr. Alexander, of DeKalhA resolution to pay Susanna B. Smith a pension.

FRIDA, JuLY 22, l!HO.

603

An appropriation being- involved the Speaker resolved the House into a Committee of the whole and desig-nated as Chairman, Mr. Tarver, of Whitfield.
After a consideration of the resolution the Committee arose and reported progress and asked leave to sit again.
Mr. Fullbright moved to adjourn, which motion prevailed.
Leave of absence was g-ranted Mr. Simpson, business; Jones, of Lawrence, business; Upshaw, of Douglas, business; Reid, of Macon, business.

T'he Speaker then announced the House adjourned until 9:30 o'clock tomorrow morning-.

fl04

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
SATURDAY, July 23, 1910.
The House met pursuant to adjournment at 9 :30 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 wer~ dispensed with.
Mr. Hall, Chairman of Committee on General Judiciary, submitted the following report:

Mr. Speaker:
Your Co~mittee on 'General Judiciary has had under consideration the following bills of the House and instruct me, as their Chairman, to report same back .to the House with the recommendation that same do pass by substitute, to-wit:
A bill to require certain corporations to furnish stockholders semi-annual statements.
And the following do pass as amended.
A bill to amend Section: 2780 of Code relative to lien of judgments.

SATURDAY, JuLY 23, 1910.

605

A bill to amend Section 2783, Code of 1895, relative to lien of judgments against non-residents.
A bill to amend Section 2779 relative to time when lien of judgments shall take effect.
Also the following bills of House with the recommendation that same do pass, to-wit:
A bill to authorize Board of County Commissioners of Bibb county to issue bonds for certain purposes.
A bill to amend Act approved August 23, 1905, relative to building and loan assodations.
, Also the following bills of the House with the recommendation that same do not pass, to-wit:
A bill to repeal Sections 871, 872 and 873, Code of 1895, relative to record of. tax defaulters.
A bill to amend Section 787, Volume 1, Code of 1895, relative to taxes due counties by railroads.
Also the following bill of the Senate with the recommendation that same do not pass, to-wit:
A bill to provide for the re-arrangement of the judicial circuits of this State.
Respectfully submitted,
JosEPH H. HALL, Chairman.

606

JouRNAL m' THE HousE.

Mr. Jiullbright, Chairman of Committee on Special Judiciary, submitted the following report:

1llr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and instruct me, as their Chairman, to report them back with the following recommendation.
House Bill No. 766-To regulate the -sale of convict made goods. Do pass by substitute as amended.
House Bill No. 959-To amend an .Act to authorize the city of Marietta to hold bond election. Do pass.
House Bill No. 961-.Amend charter of Marietta. Do pass as amended.
Senate Bill No. 215~To prohibit the exhibition of moving pictures representing prize fights, etc. Do pass.
Hespectfully submitted,
FuLLBRIGHT, Chairman.

The following bills were read the second time, towit:

SATURDAY, JuLY ~3, 1910.

607

By Mr. Alexander, of DeKalb~ A bill to amend Section 2779 of the Code.

By Mr. Alexander, of DeKalbA bill to amend Section 2783 of the Code.

By Mr. Hall, of Bibb--
A bill to authorize Bibb county to issue bonds for county purposes.

By Mr. Hall, of Bibb-
A bill to amend and construe an Act to amend Section 2388 of Civil Code.

By Mr. Edwards, of Walton-
A bill to require certain stock companies, etc., to render semi-annual statements.

By Mr. Alexander, of FultonA bill to regulate the sale of ronviet made goods.

By Mr. Alexander, of DeKalbA bill to amend Section 2780 of the Code of 1895.

608

JOURNAL OF THE HOUSE.

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

By Mr. Dickson, of Ben Hill-
A bill to amend an Act to prescribe the powers and duties of the C~mmissioners of Ben Hill county.
The favorable report of the Committee was agreed to.
On the passage of the bill th.e ayes were 107, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Dickson, of Ben Hill-
. A bill to regu)ate the slaughtering, etc., of cattle in Ben Hill county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays, 0.
The bill having received the requisite Constitutional majority was passed.

SATURDA.Y, JuLY 23, 1910.

609

By Mr. Moss, of Cobb-
A bill to authorize an election held in Marietta to determine whether or not bonds shall be issued for the extension of waterworks system.
The favorable report of the Committee was agreed
to.
On the passage of the bi11 the ayes were 98, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Moss, of Cobb-
A bill to authorize Marietta to issue bonds for improvement of waterworks.
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 Constitutional majority was passed.

By Mr. Moss, of Cobb-
A bill to authorize the city of Marietta to hold an election for the issuance of bonds for extension of sewerage.

610

JouRNAL OF THE HousE.

The favorable report of the Committee was lgreed to.
On the passage of the bill the ayes were 98, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Moss, of Cobb-
A bill to amend an Act to create a new charter for the city of Marietta.
The favorable report of the Committee was agreed to.
On the passage of the hill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Hull{mder, of Catoosa-
A bill to repeal an Act to incorporate the town of Boynton .
. The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 97, nays, 0.

SATURDAY, JuLY 23, HHO.

611

The bill having received the requisite Constitutional majority was passed.

By Mr. Ford,. of Worth-
A bill to regulate the preparation of live stock for market in Worth county.
'l,he favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109, nays, 0.
T'he bill having received the requisite Constitutional majority was passed.

By Mr. Williams, of Madison-
A hill to repeal an Act to create the office of Commissioner of Roads and Revenues for Madison Co.
'l,he 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.

Gl2

JouRNAL oF THE HousE.

By Mr. Jones, of Mitchell-
A bill to repeal an Act to incorporate the town of Maples.
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. McElreath, of Fulton-
A bill to mnend an Act to provide a new charter for East Point.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Miller, of Calhoun-
A bill to provide a new charter for the town of Arlington.

SATURDAY, JuLY 23, 1910.

613

The favorable re.port of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Miller, of Calhoun-

A bill to amend an Act to create the city of Edison.

The favorable report of the Committee was agreed

to.



On the passage of the bill the ayes were 120, nays, 0.

The bill having received the requisite Constitu- tional majority was passed.

By Mr. Moss, of Cobb-
A bill to am~nd an Act to amend an Act to incorporate the town of Austell.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays, 0.

614

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Roberts, of Dodge-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Dodge Co.
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. Chandler, of Franklin-
A bill to repeal an Act to create the office of Commissioner of Roads and Revenues for Franklin Co.
The Committe proposed to amend as follows, which was adopted, to-wit:
To amend caption of bill by adding thereto the .following ''and providing for the ratification or rejection t-l the provisions of this Act by a majority of the qualified voters of Franklin county, voting at an election to be held in and for said county to determine said question to provide for the holding and

SATURDAY, JuLY 23, 1910.

615

management of said election, and declaring the result thereof, and for other purposes.''
Also to amend by inserting before the repealing clause the following Section:
''SECTION 2. The provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Franklin county as herein provided. At the general election to be held on the first Wednesday in October next, the qualified voters of Franklin county, who favor abolishing the office of Commissioner of Roads and Revenues, shall have written or pri~ted on their ballots, for which purpose separate ballots shall be provided, the following words: ''For abolishing the office of Commissioner of Roads and Revenues'' and those who oppose abolishing the office shall have written or printed on their ballots the following words: ''Against abolishing the office of Commissioner of Roads and Revenues." Should a majority of the qualified voters of said county, voting at said election upon said question vote for ''abolishing the office of Commissioner of Roads and Revenues,'' then and in that event this Act shall become of full force and effect on and after the first day of November, 1910, and not otherwise.
The managers and superintendents of said_ gen- eral election are hereby constituted the managers and superintendents of theelection herein provided for and are hereby required to keep two separate

616

JOURNAL OF THE HousE.

tally sheets and lists of voters for said election.
The vote shall be consolidated as the vote in the
general election and the returns thereof made to the Ordinary of said county and said Ordinary shall declare the result of said election. Also
To renumber the repealing clause as Sec. 3.

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, 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Williams, of Madison-
A bill to create a Board of Commissioners of Roads and Revenues for the ceunty of Madison.
The following amendment proposed by the Committee was adopted, to-wit:
To amend by striking from Section 10 the entire last sentence.
The favorable report of the Committee as amended was agreed to.

SATURDAY, JuLY 23, 1910.

617

On the passage of the bill the ayes were llp,
nays, 0.

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

By Mr. Moss, of Cobb-

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

The following amendments were adopted, to-wit:

To amend by inserting "one-half" after the word ''for'' in line 5, Sec. 40.

To amend by inserting the word "one-half" after word "for" and before the word "the" in line 10, Sec. 40.

To amend by striking the word ''the'' after word "same" in line 10 to the word "material" in line
11.

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.

618

JouRNAL m' THE Housi.

By Mr. Woodliff, of Forsyth-
A bill to amend and revise the several Acts to incorporate the town of Cumming.
The favorable report of the Committee was agreed to.
On the passage . of the bill the ayes were 109, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Alexander, Brown and McElreath-
A bill to amend an Act to repeal all laws to incorporate the city of Manchester.
The favorable report of the Committee was agreed to.
On the passage of the bill tile ayes were 107, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Brown, of Carroll-
A ]:)ill to amend and consolidate the laws to incorporate the town 9f..Bowden.

SATURDAY, JuLY 23, 1910.

619

The favorable I_"eport of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Jones, of Mitchell-
A bill to incorporate Sale City in Mitchell county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Atkinson, of Morgan-
A bill to amend the new charter of Madison.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 93; nays, 0. ,

620

JOURNAL OF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Davis, of Dougherty-
A bill to create a new charter for the city of Albany.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 111, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Wight, of Grady-
A bill to incorporate the town of Pine Park.
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 Constitutional majority was passed.

SATURDAY, JuLY 23, 1910.

621

By Mr. Edmondson of Chattooga-

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

The favorable report of the Committee was agreed to.

On the passage uf the bill the ayes were 107, nays, 0.

The bill having received the requisite Constitutional_majority was passed.

By Mr. Stubbs, of Putnam-

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

The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 107, nays, 0.

The bi1l having received the requisite Constitutional majority was passed.

622

JOURNAL OF THE HousE.

By Mr. Rosser, of Walker-
A bill to amend the charter of Rossville~
The favorable report of the Committee was ngreed to.
On the passnge of the bill the ayes were 109, nays, 0.
r.l'he bill having received the requisite Constitutional majority was passed.

By Messrs. Lord and Joiner, of \Vashington-
A bill to amend an Act to create a Board of Commissioners of Ronds and Revenues for \Vashington county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. \Valters, of Colquitt-
A bill to amend the charter of the town of Doerun.

SATURDAY, JULY 23, 1910.

6'):> _,_)

The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 107, nays, 0.

The bill having received the requisite Constitutional majority was passed.

By Messrs. Couch and Kirby, of Coweta-
A bill to create a system of public schools for Senoia.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 107, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following bills of the Senate were read the second time:
By Mr. Sellars, of 3d district-
A bill to prohibit the exhibition of moving pictures representing prize-fights between members of different races.

6~4

JouRNAL oF THE HousE.

By Mr. Price, of 27th district-
A bill to amend Section 420 Penal Code relative to running of freight trains on Sunday.

By Mr. Irwin, of 11th district-
A bill to amend Act approved December 19th, 1900, relative to Confederate Soldiers' Home.

By Messrs. Slaton, Morris and Slater-
A bill to amend the Constitution of the State so as to supplement the salaries of certain Superior Court judges.
By Messrs. Perry, of 33d district and McDoweli, of 19th district-
A hill to increase the salaries of the justices of the Supreme Court.
The following bills of the Sen.ate were read the third time and put upon their passage:
By Mr. Matthews, of ~3d district-
A bill to repeal an Act to incorporate the town of Roberta.
The favorable report of the Committee was agreed to.

SATURDAY, JuLY 23, 1910.

625

On the passage of the bill the ayes . were 110, nays, 0.
The biH having received the requisite Constitutional majority was passed.

By Mr. Matthews, of 23d district--:
A bill to incorporate the city of Roberta.
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. Johnson, of 19th district-
A bill to amend Act to reincorporate the town of White Plains.
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.

6:26

JouRNAL OF THE HousE.

The following bill of the Senate was recommitted to the Committee on Special Judiciary.

By Mr. Irwin, of 11th district-

A bill to create the city of Cuthbert.

Mr. Lewis, of Hancock, moved to adjourn and on that motion Mr. Mitchell, of Thomas, called for the ayes and nays.

No quorum having voted on the above motion the Speaker directed the Clerk to call the roll and the following members answered to their names:

Alexander of DeKalb Culbersou

Alexander of Fulton Davis

Atherton

Drawdy

Atkinson

English

Ault

Faircloth

Barksdale

Fender

Bailey

Fields of Crisp

Baket

Ford

Bar,rett

Fullbright

Bell

Garlington

Berry

Gastley

Brinson of Deeatur Gillis

Brinson of Emanuel Godley

Bureh

Graddick

Buxton

Unyton

Cal beck

Hardeman of Jeffs 'n

Cannon

Harrington

Chandler

Harvey

Childs

Hendricks

Converso

Hubbard

Cooke

Hullender

Cordell

J'ohnson of Bartow

Couch

Joiner

.lones of Meriwether Jones of Mitchell Keith Kelley Kirby Lewi'l Littleton Martin Miller of Calhoun Miller of Ware Mite hell Mooro Mos:1 Macintyre McCarthy McConnell McCutchen McElreath McMahan McWhorter Olivet Parker of Decatur Pierce

SATURDAY, JuLY 23, 1910.

627

Popo Porte1 Proctor
Robert~ Roger~ l~osse1
Sheppard Shirley Slado

Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs of Putnam Stubbs of Thomas Tracey Tuggle

Turnipseed Vinson Walten White of Screven Whiteley Wight of Grady \Villiam1 Wright of Floyd :Mr. Speaker

Those absent were Messrs:

Adams

Hall

:McCurry

Allen

Hardman of Jackson McMichael of Butta

Alley

Hatfield

McMichael of Marion

Anderson of Bullock Heard

Parker of Talbot

Anderson of Chatham Helms

Paulk

Armistead

Henderson of Irwin Peacock

Bagley

Henderson of Turner Persons

Beacham

Hill

Pickett

Booker

Holder of Floyd

Prico

Boyd

Holtzclaw

Heaves

Brown of Carroll

Howell

Redding

Brown of Fulton

Huie

Reeso

Brown of Henry

Johnson of Jeff Davis Reid of Campbell

Brown of Murray J.ohnson of Towns Reid of Macon

]3utt Carswell Carter Cowan

.Jones of Laurens
Kendrick
Kennedy Ki~klightcr

Hentz Simmons Simpson 'L'arvet

Cureton

Kidd

Tippins

Daniel

Lawrence

'1\uner

Dicl,son

Lord

Upshaw

Edmondson

Lovejoy

Waddell

Edwards

Meadows of Telfair Wasden

Elder

Meadows of Toombs Watkin3

Ellis

Middlebrooks

Wohlwende:

Ellison

Milikin

Woor1

Evans

Minter

\Voodlifi

Field of DeKalb

MacFarland

Wright of Stewart

Griffin of Sumter

McArthur

Griffin of Twiggs

McCrory

628

JouRNAL OF THE HousE.

The call of the roll disclosed the fact that 96 members were present.
Leave of absence was granted Mr. Kelley, of J asper, business.

The Speaker then announced the House adjourned until 9 :30 o'clock Monday morning.

MoNDAY, Jui.Y 25, 1910.

629

ATLANTA, GEORGIA,
i.
MoNDAY, July 25, 1910.

The House met pursuant to adjournment at 9 :30 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

Burch

Alexander of .DeKalb Butt

Alexander of Fulton Bux.ton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converse

AuU

Cooke

Barksdale

Cordell

Bagley-

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beacham

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

Brown of Murray Evans

Faircloth F'ender Field of DeKalb Fields of Crisp Ford Pullbright Garlington Gastlt>y 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 Holder of Floyd

630

JouRNAL OF THE HousE.

Holtzclaw

MacFarland

Sheppard

Howell

Macintyre

Shirley

Hubbard

McArthur

Simmons

Hullender

McCarthy

Simpson

Huie

McConnell

Slade

Johnson of Bartow McCrory

Smith of Gilmer

Johnson of Jeff Davis "McCurry

Smith of Tattnall

Johnson of Towns McCutchen

Smith of Walton

Joiner

McElreath

Stovall

Jones of Laurens

McMahan

Strong

Jones of Meriwether :McMichael of Butts Stubbs of Putnam

Jones of Mitchell

l\fcMichael of Marion Stubbs of Thomas

Keith

:McWhorter

rarve?

J{,elley

Olive:

'fippins

Kendrick

Park~r of Decatur 1'raeey

Kennedy

Parke,r of Talbot

Tugglo

Kicklighter

Paulk

'l'urner

Kidd

Peacock

Tumipseed

Kirby

I'l'rson9

Upshaw

Lawrence

Pickett

Vinson

Lewi3

Pierce

waddell

Littleton

Pop()

"\Valter3

Lord

Porte:

Wasden

Lovejoy

Pl"ica

"\Vatldn3

Martin

Proctor

White of Screven

M-eadows of Telfair Reaves

Whiteley

Meadows of Toombs Redding

Wight of Grady

Middlebrooks

Reese

'Yilliamt

Miller of Ca,lhoun

Reid of Campbell

Wohlwende1

Millm of Ware

Reid of Macon

Woocl

Milikin

Rentz

Woodlifl

Mitchell

Robert]

'Vright of Floyd

Mooro

Roger~

\\'right of Stewart

l\ioss

Rosse~

Mt. Speaker

Mr. Minfer was absent.

By unanimous consent the reading of the Journal of Saturday's proceedings was dispensed with.
By unanimous consent the following biJls were

MoNDAY, JuLY 25, 1910.

631

read the third time and put upon their passage, to'vit:

By Mr. Hall, of Bibb-
A bill to authorize the county of Bibb to issue and ~ell bonds for certain county purposes.
'rhe 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.
I
By Mr. Reid;- of Macon-
A bill to amend an Act to create the City Court of Oglethorpe.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill paving received the requisite Constitu~ tional majority was passed.

I
632

JouRNAL OF THE HousE.

By Messrs. Anderson, Lawrence and McCarthy, of Chatham-
A bill to amend an Act authorizing the establishment of farms as places of confinement for certain persons.
The favorable report of the Committee was agreed to.
On th~ passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Calbeck, of Gordon-
A bill to repeal an Act to amend the road laws of the State of Georgia.
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 thlil requisite Constitutional majority was passed.
By Mr. Atkinson, of Morgan-
A bill to establish the City Court of MadiE~on.

MoNDAY, JuLY 25, 1910.

633

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. Atkinson, of Morgan-
A bill to repeal an Act creating the County Court of Morgan county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Lewis, of Hancock-
A bill to amend an Act to amend an Act to create a system of public schools for the town of Sparta.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 114, nays, 0.

634

JOURNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Peacock, of Pulaski-

A bill to abolish the City Court of Pulaski county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 111, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Roberts, of Dodge-
A bill to amend an Act to amend an Act to create the City Court of Eastman.
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.

MoNDAY, JuLY 25, 1910.

635

By Mr. Miller, of Calhoun-
A bill to amend Section 982, Volume 1 of the Code so as to add Edison to list of State depositories.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill having rece,ived the requisite Constitutional majority was passed.

By Mr. Meadows, of Telfair-
A bill to amend an Act to incorporate the town of Helena.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Brinson and Gilijs, of Emanuel-
A bill to amend .an Act to create the City Court of Swainsboro.

636

JOURNAL OF THE HousE.

The favo' rable 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 Constitutional majority was passed.

By Messrs. Jones, of Mitchell; Davis, of Dougherty-
A bill to change the time of holding the Superior Courts of Dougherty and Mitchell counties.
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. 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.

MoNDAY, JuLY 25, 1910.

637

On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Wood, of Banks-
A bill to create a Board of Commissioners for the county of Banks.
Mr. Wood proposed to amend as follows:
To amend by striking from said bill the sentence beginning at the center of line 14 and closing in line 17 and inserting in lieu of said sentence the follQWing: ''One of the Commissioners elected under this Act shall be voted for as Chairman and so designated on the ballots and said Chairman shall hold his offiee for. the term of four years. The other two commissioners shall be elected for a term of two years each and each of said commissioners shall serve until their successors are elected and qualified.''
To amend Section 8 by striking "$3,000" wherever the same occurs and insert '' $5,000. ''
The amendments were adopted.
The favorable report of the Committee was agreed to as amended.

,

638

JoURNAL OJ<' THE Hou~E.

On the passage of the bill .the ayes were 110, nays, 0.
'l'he bill having received the requisite Constitutional majority was passed as amended.

By Mr. Tracy, of Webster-
A bill to fix the salary of the 'l'reasurer of Webster county.
'_L'he following amendment preposed by the Committee was adopted:
To amend by adding the following words, VIZ.: "And fifty" after words "Two hundred."
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 93, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.
By unanimous consent House Bill No. 999 was taken from the Committee on Corporations and rereferred to the Committee on Special Judiciary.
Mr. Garlington, Chairman of the Committee on Game and Fish, submitted the following report:

MoNDAY, JuLY 25, 1910.

639

llfr. Speaker:
Your Committee on Fish and Game having had under consideration House Bill No. 779-a local bill relative to hunting of foxes in White county-beg leave to recommend that said bill do pass.
GARLINGToN, Chairman.
.
Mr. Fullbright, .Chairman of Committee on Special Judiciary, made the following report:

llfr. Speaker:
Your Committee on Special Judiciary has hall under consideration the following bills and instruct me, as their Chairman, to report them back as follows:
House Bill No. 925-To provide for the purchase of certain Georgia Reports. Do pass by substitute.
House Bill No. 1002-To amend an Act to authorize and direct the publication of certain Georgia Reports. Do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

The undersigned Committee on School for Deaf, submitted th~ following report:

640

JOURNAL OF THE HousE.

. Mr. Speaker:
We, your Committee for the School for the Deaf at Cave Spring, beg leave to report the following:
We find the buildings in good repair and neatly kept, but we find that an additional building is badly needed to' properly accommodate the pupils. From our inspection of the buildings, we recommend that the additional building be erected so as to unite the building already erected, as per diagram attached.
We find the health of the pupils perfect. There is no infectious or contagious diseases in the school; in fact not a pupil is sick from any cause.
The food furnished the pupils is sufficient and well prepared and all the pupils seem to be happy and contented.
We think Georgia is fortunate in having such an earnest and faithful Principal as Prof. Connor, who has devoted his life to the school, and he has associated with him an efficient and conscientious assistant, Miss McDaniel,. and an of the teachers connected with the school seem to be in love with their work.
Georgia should be liberal in sustaining this School for it is accomplishing a great work. We are especially, impressed with the patience and earnestness and efficiency of IJ)l the teachers connected with the School.

MoNDAY, JYLY 25, 1910.

641

After going over the system of book-keeping, and having all details explained by Capt. Connor, Principal, and D. W. Simmons, book-keeper, we find. the books kept in a neat and up-to-date system, with a record kept of all expenses and expenditures, showing an accurate account in full of every penny appropriated.
G. M. HuiE, House Chmn.
vy. J. KmD, Secretary,
C. R. McCRORY, As-st. Sec.

By unanimous consent the following bills were read the first time, to-wit:
By Mr. Edwards, of Walton-
A bill to prescribe conditions on which appropriations may be made for the repair, addition, etc., to bl}ildings of State institutions.
Referred to Committee on Appropriations.
By Messrs. Kirhy and Couch, of Coweta-
A bill to provide for the payment by counties in this State having a certain population of costs incurred in Superior and City Courts.
Referred to Committee on Corporations.

JouRNAL 01<' THE HousE.
By Mr. Vinson, of Baldwin-
A bill to appropriate money for erection of buildings at State farm.
Referred to Committee on Appropriation:;;.
By Mr. Vinson, of Baldwin-
A resolution to pay pension to Mrs: vVm. Reese Cook.
Referred to Committee on Appropriations.
By Mr. Vinson, of Baldwin-
A bill to authorize the Board of Trustees of the Georgia Rtate Sanitarium to establish a training school.
Referred to Committee on Rtate Sanitarium.
By Mr. Slade, of l\:fuscogee-
A bill to amend the Constitution of Georgia, restricting the electorate of the Rtate to white citizens.
Referred to Committee on Constitutional Amendments.
By unanimous consent the following bill was read the third time and put upon its passage, to-wit:

M<iNDAY, JuLY :!5, 1!ll0.

(143

By Messrs. Faircloth, of Johnson; Lewis, of Hancock-
A bill to amend Section 574, Volume 1 of the Code of 1895, relative to the alternative road law.
Before the above bill could be disposed of the hour for unanimous consents expired and the same was carried over as unfinished business.
The following continuing special order was again taken up under head of unfinished business, to-wit:

By Mr. Alexander, of DeKalb-
A resolution to pay Susannah Smith a penswn.
'The Speaker again resolved the House into a Committee of the whole and desig"llated as Chairman, Mr. Tarver, of \Vhitfield.
After a consideration of the bill the Committee arose and through their Chairman reported the same back to the House with the recommendation that it do pass as amended.
The following amendments were adopted, to-wit:

By the Committee-
To amend caption by striking the words "present year'' and inserting the words ''years 1909 and 1910.'' Also

644

JOURNAL OF THE HousE.

To amend the second resolution by adding ''and 1910."
To amend third resolution by striking the word ''sixty'' and insert the words ''one hundred and twenty," and by adding after the figures "1909'' the words ''and 1910.''

By Mr. Macintyre, of Thomas~

To amend by striking so much of the resolution as appropriates money and leaving so much as interprets the law.
The above amendment was lost.

The report of the Committee which was favorable to the passage of the bill as amended 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 Allen Alley Atherton Atkinson Barksdale Brown of Henry Brown of Murray Butt Buxton

('handler l'ooka Cordell Coucli Cowan Culberson Daniel Edwards English Field of DeKalb Fields of Crisp

:E'ord Garlington Gillis Griffin of Sumter Gnyton Harrington Harvey Hatfield Helms HendeFson of Irwin Holder of Floyd

/

MoNDAY, JuLY 25, 1910.

645

Howell Hubbard Huie Joiner Jones of Mitchell Kendr;ck Kennedy Kidd Kirby Lewis Littleton Mar.tin Meadows of Telfair Meadows of Toombs Miller of Calhoun Miller of Ware Mitchell
Mos~

MacFarland

Sheppard

Macintyre

Shirley

McCarthy

Slade

McConnell

Smith of Tattnall

McCrory

Smith of Walton

McCurry

Stoval)

McMichael of Butts Stubbs of Thomas

McMichael of Marion Tracey

Olivet

Turner

Parker of Decatur 'l'urnipseed

Parker of ralbot

Upshaw

Pierce

Vinson

Pope

Walters

Portet

Wasden

Redding

Whiteley

Roberb

Wight of Grady

Rogers

Willianrt

Rosser

Wood

Those voting in the negative were Messrs.:

Alexander of Fulton Converse

Anderson of Chatham Drawdy

Armistead

Ellis

Ault

Ellison

Bailey

Faircloth

Baker

Fullbright

Barrett

Gastley

Beacham

Godley

Bell

Graddick

Berry

Hall

Brinson of Decatur Hardeman of Jeffs 'n

Brinson of Emar.uel Hardman of Jackson

Brown of Carroll

Holtzclaw

Burch

Johnson of Bartow

Calbeck

Jones of Meriwether

Cannon

Keith

Carter

Lovejoy

Childs

Moore

McCutchen McMahan McWhorter Paulk Pickett Proctor Reese Reid of Macon Strong Stubbs of Putnam Tarver Tuggle Watkins White of Screven Wohlwender Wrightof Floyd

'!'hose not voting were Messrs. :

Anderson of Bullock Booker

Bagley

Boyd

Brown of Fulton Carswell

646

JouRNAL oF THE HousE.

Cureton Davis Dickson Edmondson Elder Evans Fender Otiffin of Twiggs Heard Henderson of Turner Hendricks Hill Hullender

Johnson of Jeff Davis Persons

Johnson of Towns Price

Jones of Laurens

"Reaves

Kelley

Reid of Campbell

Kicklighter

Rentz

Lawrence

Simmons

Lord

Simpson

Middlebrooks

Smith of Gilmer

Milikin

'l'ippins

Minter

Waddell

McArthur

Woodliff

McElreath

WTight of i:!tewart

Peacock

Mr. Speaker

The roll call was verified and on counting the vote it was found that the ayes were 87, nays, 52.

The resolution having failed to receive the requisite Constitutional majority was lost.

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

Mr. Speaker:

The Senate has pasS"ed by a requisite Constitutio:ijal majority the following bills of the Senate, towit:
A bill to amend an Act to authorize electric street, suburban and interurban railroad companies to acquire by purchase or lease the stock, property, etc., of other such companies.
A bill to incorporate the Lanier School District in Emanuel and Bullock counties.

A bill to amend Section 982 of Volume 1 of the

MoNDAY, JuLY 25, 1910.

647

Code so as to add Canton, Cherokee county, to the list of State depositories.
I
A bill to incorporate the town of Alston, in the county_ of Montgomery.
A bill to amend the charter of the city of Dalton.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the House, towit:
A bill to change the ,time of holding the fall term of the Superior Court of Liberty county.
A bill to fix fees to be paid by local fire and storm insurance companies doing business in four counties or less.
ATLANTA, GA., July 25, 1910.
The fo1lowing 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 House of Representatives a communication in writing.

648

JouRNAL OE THE HousE.

MESSAGE.

STATE OF GEORGIA, ExECUTIVE DEPARTMENT,

ATLANTA.

July 25, 1910.

To the House of Representa,tives:

I have the honor to acknowledge the receipt of House Resolution No. 238, inquiring of the Governor as to the necessity, etc., of his having sent troops into Walker county on May 26, 1910. From this resolution, I quote the following:

''Therefore, be it resolved by the House of Representatives, That His Excellency, the Governor, be and he is hereby requested to lay before the House at his earliest convenience a full statement of all facts connected with said matter and the reasons therefor, and the particular law under which the action referred to was taken; the details of what the action was; and all documentary evidence by way of letters, affidavits or otherwise which he may have collected in reference to said matter.
"And to the eild that the House may be fully advised as to whether or not the sending of said troops is to be considered a precedent;

MoNDAY, J m~Y 25, 1910.

649

''Therefore be it further resolved, That the Gov-
ernor be and he is hereby requested to inform the
House whether or not the Executive Branch of the Government of this State considers it to be within the power of the Executive to call out the active militia or any part thereof at the request or upon the information of private persons and without the initiative of local authorities."
In compliance with the above call, I would state that about 8 o'clock, or shortly thereafter, on the evening of May 25th, I received a telephone message from Chattanooga. This was by Col. J. W. English, Jr., President of the Lookout Mountain Coal & Coke
Company, who stated to me that Mr. John Mitchell,
deputy sheriff of Walker county, being too hoarse to talk over the telephone, had requested him to commm:iicate with me in haste and to convey the information that Italian miners at the coal mines at Durham were in a state of rio\_; that they had threatened his life, and that of one of the mine foreman; that these two had been compelled to leave the mines, under threats of death. He added that there was much uneasiness among the native miners and their families, as the Italian workmen were threatening to dynamite the mines and the magazines, which contained the company's supply of powder and dynamite. The deputy sheriff had Mr. English to urge me to send some troops at once for the protection of life and property.
I asked Mr. English if the situation was really so grave as to eall for the use ef the military. He re-

650

JOURNAL oF THE HousE.

plied that Deputy Sheriff Mitchell insisted that only by the use of the military could order be restored and maintained, and that he deemed their presence imperative.
I attempted at once to secure communication with Adjutant-General Scott, but not knowing the telephone number at the place to which he had recently. moved, I was not able to locate him until more than an hour later.
In the meantime, deeming prompt action necessary, I called Capt. H. P. Meikleham, commanding Co. E., Fifth Regiment Infantry, National Guard of Q-eorgia, at Lindale, his company being the nea~est command available for use. I secured him promptly, gave him the information as it had been transmitted to me, and ordered him, in the absence of later instructions from me or the Adjutant-General, to proceed to the Durham mines by first train, and to see that the laws were maintained. I ordered him to report to the local authorities and co-operate with them, to exercise great discretion, and to avoid the use of force unless conditions imperatively demanded it. I added that, as the rioters were Italian immigrants, the situation might be a delicate one, and that he must exercise care in every step he took. He replied that he would use all discretion possible, ,and that force would not be resorted to unless conditions left no other recourse.
After a time, Adjutant-General Scott called me

MoNDAY, JuLY 25, 1910.

651

by telephone and I explained to him the situation in full, and told him to take charge of the matter, to communicate with Captain Meikleham and give such orders for handling the troops as the conditions and the law required. Shortly before midnight I received from Chattanooga another message from the deputy sheriff, which like the first one, was spoken over the wire by Colonel English. In this message Deputy Sheriff Mitchell advised me that he and Col. English would go down to Chickamauga in an automobile before day-break and meet the troops. The foregoing is a recital of the facts as developed that night.
As shown by the report of Captain Meikleham to Adjutant-General Scott, dated at Lindale, Ga., May 27, 1910, herewith attached the company arrived at the mines next morning. At Chickamauga, it was joined by Cononel English, and the deputy sheriff, who proceeded with them to the mines. On arrival, the Italians, who had evidently been advised of the coming of the company, were found to be quiet. A number of them were pointed out to Captain Meikleham as being parties who on the day before had been walking about the property with shotguns on their shoulders, making threats. As an act of precaution, Captain Meikleh..a... m says: ''These I took in charge and sent into our special coach under guard.'' He adds that he searched all of them for weap~hs, and shortly afterward searched the houses where the Italians had been living. Captain Meik-

652

JoUltNAL OF THE HousE.

lebam then says: ''A number of weapons, shotguns, pistols, some of them the property of the mining company, daggers, and so forth, and ammunition of a curious kind, loaded with ball for the shot guns, was found in the houses. Shotguns and revolvers were found in all the houses.'' His report further shows that Colonel English swore out warrants against twenty-two of the Italians, who were then turned over to Sheriff Garmany, who had been sick the night before, as shown by his affidavit, but who had arrived during the morning and who receipted Captain Meikleham for them. The names of the twenty-two were as follows:
Quintilio Pesenichi, Florrie Mangenello, Agusti Cortoriloi, Francors Guillard, Ferrino Guido, Ferdinando Branchetti, Fortunato Inocenta, Vergilie Corsini, Nosi Tonanzi, Ippolito Bolognini, Guiseppi Graisini, Pacino Paci, Chembrieni Mogini, Ernesto Fidelio, Albino 'Scotti, Onie Ceni (or Toni Censi), Amango Valinio, Virgilio Pisaneschi, Egnito Gueorgiolini, Armando Carbonani, Ricardo Tega and Gio Tega.
Captain Meikleham says: "After I had received my receipt, the guard which had been placed over them was withdrawn at Durham and, as far as I was concerned, the Italians were free to come and go as they chose.''
Affidavits herewith show that by an agreement made.:voluntarily by the Italians with the prosecutor of the .cases against them the warrants were with.,

MoNDAY, JuLY 25, 1910.

653

drawn and the Italians left at once for Chattanooga. So far as the troops were concerned, therefore, either by positive or negative act, the departure of the Italian miners was wholly voluntary on their part. It appears that by a co-incidence they travelled from Durham to Chickamauga on the same train, but at the latter point the troops left the train and came southward on another, while the Italians continued northward. The troops could not have returned to their home station by any other convenient route.
The affidavits and letters herewith transmitted will serve to show the real state of affairs at the mines before and during the time thatthe calls were being made upon me for the presence of the military. Of course, many of these details were unknown to me on the night of May 25th. My action was based upon the call of the deputy sheriff, as transmitted to me over the telephone by the voice of Colonel English, who assured me that he was speaking the words of the deputy sheriff. This fact is confirmed by the affidavit of Deputy 'Sheriff Mitchell.
Our State Constitution declares that, "Protection to person and property is the paramount duty of government and shall be impartial and complete;" and from the advices I received to the effect that the lives and property of citizens of Georgia and of their families were imperiled, I felt it my duty to obey the Constitution and act promptly. The combination of a magazine stored with dynamite and other explosives in sufficient quantity to have blown up

654

JouRNAL oF THE HousE.

the mine and settlement, surrounded by and virtuany in control of a lot of angry Italian miners, present a rather dangerous picture. In such emergencies no executive officer, charged with the responsibility of protecting humnn life, has the right to pursue a hesitating or doubtful course.
The facts as presented to me indicated to me that not merely the property and persons of the employers of the miners were in danger, but of greater importance and cencern was the threatened dnnger to the lives of a large number of native, law-abiding workmen, their wives and children. These native workmen were in no wise inyolved in the dispute and desired to go peaceably about their daily work, but were met by threats from the Italian miners. It appears that members of one family through fear left their home near the magazine and went by night into the mountains to escape the nnticipated danger.
It is true that these Italians, while within the borders of our State, were entitled to the full pro~eetion of our laws, yet it must be remembered that experience with this clnss of Italians in other States of our country to which they have immigrated in lnrge numbers demonstrates the necessity of caution and promptness in dealing with them when in a turbulent mood. General discussion of the subject of immigration during the past few years hns proven this idea to be a distinctive and substantial factor in the public opinion of this State.

l\loNDAY, JULY 25, -1910.

655

As illustrating the difference in manners and practices between these Italians and Georgians, even in the use of arms, I send herewith for your inspection a large dagger and a stilletto in concealed case taken from these Italians by officers of the law, who report they were found to possess such weapons, with shotgun cartridges loaded with slugs, i:p. larg( number. These symbols of anarchy, of the black hand and of the Mafia, with the other evidence adduced, force the conviction thJl-t the call for protection by the military was not based on vague rumor,
The troops were not sent to the Durham mines to injure or deport or interfere with the rights of any persons; they were sent to uphold the laws of this State and to protect the lives and property of its citizens; and neither the civil nor military authorities had ought to do with the departure of these Italian miners_ That was purely a matter of agreement between them and the owners of the mines, as is shown by affidavits herewith transmitted.
Your resoluticn requests me to lay before yom honorable body the particular law under which the action referred to was taken. In reply I quote from the Constitution of Georgia, Article 5, Section 1, Paragraph 11:
''The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof.''

656

JoURNAL m' THE HousE.

Also from the Constitution of Georgia, Article 5, Section 1, Paragraph 12:
''He shall * * * * be a conservator of the
peace throughout the State.''
Second: I quote from the military Code of the State of Ge<?rgia, as follows:
"Section 14. The Governor shall have power, in case of insurrection, invasion, tumult, riot, or breach of the peace, or imminent danger thereof, to order into the active service of the State any part of the militia that he may deem proper." (Georgia Laws, 1905, page 137.)
In conclusion, answering the question in the last paragraph of your resolution, I will state that inasmuch as the affidavits herewith sent prove that the contingency to which reference is made was not a factor in the case under review, any answer to the hypothetical question would not be relevant.
Respectfully submitted,
JOSEPH M. BROWN'
Governor.

MoNDAY, JuLY 25, 1910.

657

(Exhibit A)
CAPTAIN MEIKLEHAM'S REPORT.
LINDALE, GA., May 27th, 1910.
GEN. A. J. ScoTT,
Adjutant General of Ga,
Atlanta, Ga.
SIR: I have the honor to submit the following report of tour of duty of my command, protecting the property of the Lookout Cool & Coke Co , near Durham, Ga., May 25th and 26th, 1910:
At nine o'clock p.m., May 25th, I received a telephone message from the Governor instructing me to hold my command in readiness for duty at Durham on account of disturbances and threatened rioting. At nine thirty the entire command was ready in heavy marching order. About ten thirty I received your telephone message that there was trouble at the mines of the Lookout Coal & Coke Co. where I was to proceed with my command and t~ke such steps .as I deemed necessary to protect property and preserve peace. I was to go on the train of the Central of Georgia R. R., which passes Lindale at 6:40 a. m. unless I received orders to the contrary. I was also instructed that if, when I reached the mine, I thought it necessary, I should telegraph to you for additional

G58

JouRNAL oF THE HousE.

troops. Later in the evening I received telephone message from Mr. J as. English, part owner of the mine, who stated that the trouble was with Italian miners and that he expected serious difficulty in restoring peace. He advised bringing all available ammunition and stated that the affair would not be ended without a clash between the soldiers and the miners.
Not receiving any further instructions from you, Company E, under my command, with forty-seven men and two officers boarded the regular Central of Georgia passenger train, in a special coach which had been provided, at 6:40 .a. m., Thursday, May 26th, armed and equipped in heavy marching order. At LaFayette we were joined by Mr. Garmany, sheriff of walker county, and Mr. Earl Jackson, attorney for Mr. English.
Mr. Jaekson reported a most serious condition at the mines and said that we must expect trouble. At ( hiekamauga, we were joined by Mr. J as. English, also a deputy sheriff of Walker county and a number of Mr. English's head men at the. mines.
l\Ir. English reported that the Italian miners had made many threats against his life if he ever dared to set foot on his property near Durham; also said that they would not leave his houses after due notice of ejectment, and that they would not leave the premises. He said that they were all armed and were

MoNDAY, JuLY 25, 1910.

659

walking about the property with shotguns on their shoulders making threats.
What he said was confirmed by the deputy sheriff; who also said that he had left the vicinity of the mines on the previous day fearing personal harm from the Italian miners on account of threats and their actions; That the presence of the troops was the only thing that could restore order, and that we might expect difficulty in bringing it about.
I was told by the mine foreman that the Italians had refused to work themselves or allow any one else to work in the mines; that the live stock belonging to the mines had been shut up by the Italians who would not let them be used or attended to; that the notices of ejectment had been ignored; and, in short, that they had taken charge of the property and were running things to suit themselves.
The employees of the railroad from Chickamauga to Durham were alarmed over the situation. .The train proceeded in a very cautious manner-a special bridge inspector going ahead to examine trestles in the vicinity of the mine under the fear of dynami.t~ and destruction of the railroad property. Details were put off at two points to guard the mine property before Durham was reached.
We arrived at Durham about ten o'clock, where the special coach was side-tracked and left in charge
as of _two soldiers. Almost as soon the company

660

JouRNAL oF THE HousE.

was formed, Italians were seen in the immediate vicinity, and were pointed out as the men who had taken part in the disturbances and made threats. These I took in charge and sent into our special eoach under guard.
We proceeded over t~e property of the mines with the Sheriff of Walker county and Mr. English, and took in charge twenty-two Italian miners who were pointed out to us by Mr. English, searching all of them for weapons, and putting them in the coach under guard. I then directed that the men under custody be sent under guard to the houses of the mining company and allow them to get their belongings and bring them to the train, which was done.
A number of weapons, shotguns, pistols, some of them the property of the mining company, daggers, and so forth, and ammunition of a curious kind loaded with baH for the shotguns was found in the houses. Shotguns and revolvers were found in all the houses.
The Italians were perfectly submissive to us, not objecting at all to do what they were told. They told our men afterwards that they were expecting us, and their actions in general looked like the result of advice.
At twelve o'clock twenty-two Italians with their . belongings were in the coach under guard. No shot had been tired and there was no trace of disorder.

MoNDAY, JuLY 25, 1910.

661

At one o'clock I reported the situation to you by telephone. At that time it was my understanding that the Sheriff of Walker county was going to take the prisoners to Walker county jail. When I asked him what disposition he wished to make of the Italians, and for a receipt for them, he refused either to say what disposition should be made of them or to give me a receipt for them. In fact, he refused to have anything to do with them unless Mr. English would swear out warrants for them, in which case he agreed to take them in charge. Warrants were accordingly sworn out and turned over to the Sheriff who then receipted to me for the Italians.
I understand that there was an arrangement be. twe~n Mr. English and the Sheriff that in case the miners would go to Chattanooga and promise not to return to Durham, the charges would be withdrawn and the warrants dismissed. At any rate, after I had received my receipt, the guard which had been placed over them was withdrawn at Durham and as far as I was concerned the Italians were free to come and go as they chose.
The. coach containing troops, Italians, etc., proceeded to Chickamauga, where the Italians with their baggage left our coach, which was then attached to a Central of Georgia passenger train, and Company E proceeded to home station, arriving there at eight o'clock, May 26th.

66:2

JouRNAL OF THE HousE.

I herewith attach sheriff's receipt. Other papers, confirmation of your order, and for expenses of tour. will fo1low.
Respedfully submitted,
H. P. MEIKLEHAM, Captain Commanding Co. "E ", 5th Reg. Inf. N. G.
Ga. A true copy,
A. J. ScoTT, Adjutant General of Georgia,
.July l, 1910.

GEN. A. J. fo\coTT,

LINDALE, GA., .July 21st, 1910. i ',

Adjutant Genrrar nf Ua,

A tlantn, Ga.

Rm: I hnYe the honor to submit the following additional report in regards to the service of my company on duty nt the property of the Lookout Coal & Coke Co., nenr Durham, on Mny 25th and 26th, 1910.

As stated in the further report, the Italians that we took under guard showed us no resistnnce at the time and I have every reason to believe that they had heen notified of our coming nnd ncted accordingly. My actions in the matter were govern'ed entirely

l\loNDAY, JULY :25, l~HO.

663.

by the beHt information and evidence that I could get on the way up there of the situation, and from the evidence given me by Mr. Earl Jackson, of LaFayette; Mr. Mitchell, deputy sheriff of Walker county; Mr. Turner, superintendent of one of the mines, al).d the railway crew. I believe that I would have been perfectly justifiable in wiring you from Chickamauga to send another Company on the scene at once. All these men notified me that the Italians hi1d made threats they did not care how many soldiers _went to the scene they would have to fight. Mr. Mitchell told me that they had run him away from there the night before I got there and made all kinds of threats against his life and at the telephone office where I went to report to you, the man there told me that Mr. Mitchell had come in th_e night before very much alarmed and that his life had been threatened and he wanted to get in communication with the Governor. Mr. Mitchell had to be put off the train about a mile before we went to the mines with a gua"rd to protect him. The Railway people said that the Italians had threatened to blow up their trestles to prevent any troops from coming there and the people at Cheucat whom I talked to were very much alarmed over the situation, especially fearing that the Italians would dynamite or blow ,up the magazine that was situated there as they had threatened to do so. They seemed to be so alarmed that I left a guard there to protect this settlement and this magazine. A Mr. Turner, one of the mine foreman who I talked with quite a lot,

. 664

JouRNAL m' THE HousE.

told me of all these threat::) that had been made and that the miners had not allowed a mine inspector or any of the other miners to go in the mines for almost a week and that' he was very much alarmed over the situation. Several colored and white miners that I spoke to at the mines were very much excited and told me of the threats that had been made and were very much relieved to see the troops on the property. The situation looked so serious that we took "the active steps that we did, fearing the resistance from the Italians if we showed the least by our actions that we were in any way whatever afraid of their giving us trouble. The sheriff of Walkoc county was with me all the time we were on the property until we had all the miners under guard. He himself suggested and in fact he and a devuty he had with him searched practically every miner . that we arrested. I and all my men found I think, one or two revolvers and several knives on the miners, but they were practically all unarmed and as I said before, offered no resistance. However, in the miners' homes, we found a number of dirks, revolvers and shotguns. I, of my own knowledge, saw eleven guns. Everything of this nature that my men found was turned over to the mine authorities. In talking with my men, I find that all of them found the situation practically the same as I did, and that a good many of the people had told them of these threats against the life and property and they are all unanimous in saying that they think if the
troops had not taken the action they did, that there

MONDAY, JULY 25, 1910.

665

would have been serious trouble, even after the
\
situation was cleared up, several of the people there seemed to be still nervous, fearing possibly that some of the Italians would come back and give them trouble. Some of the Italians that we put under guard were released at Mr. English's request and he said that they were not concerned in the trouble at all and were good, reliable men, and L saw him help one family in a financial way on account of their loss of work and they were really in need. The Italians were not abused in any way whatever by the troops and were given all the time necessary to get
their belongings to the train. They were not de-
ported in any way and were released from guard by about three o'clock in the afternoon and were nllowed to do whatever they wished.
Respectful1y submitted,
(Signed) H. P. MEIKLEHAM,
Capt. Company E. 5th Reg. Infty. N. G. of Georgia, Commanding.

(Exhibit B)
STATE OF GEORGIA, WALKER COUNTY. AFFIDAVIT OF JOHN MITCHELL.
In the matter of the arrest of certain Italians at Durham, Georgia, on May 26th, 1910, personally

666

JouRNAL oF THE HousE.

comes JOHN MITCHELL, and being duly sworn upon oath, says:
"I was born in Kentucky, lived in walker county, principally at Flintstone, Georgia, for about seven years. I am now, and have been since about April, 1910, acting deputy sheriff under commission, for Walker county, Georgia. I was up to the 26th day of May, and bad been for about six months, general superintendent of the mines_ and property of the Lookout Mountain Coal & Coke Company. I am now weight boss for the same company.
"On about the 20th of May, 1910, I went to the City of Chattanooga, r_I_'ennessee, with the Italian Guereno, to Colonel English's office in order that a settlement might be had with Guereno which was the usual custom, all claims being paid for the Italians through Guereno. After we had been to the office of Colonel English, Guereno was to come back on the mountain with me on the morning train next day, but at the depot he slipped away from me. I came back to the mountain alone. From that time on, the Italians were in an ugly mood, appearing to be mad and excited when they talked, and in some way seemed to connect me with the failure to pay.
''The first outbreak was on about Monday following, when three of the Italians surrounded me on the railroad track, armed with double barreled guns, and told me that they were going to "have their money or have hell.'' Their conversation was loud

MoNDAY, JULY 25, 1910.

667

extra and their manner threatening. rrhese men could have had no purpose in carrying their guns to hunt, as there was no game. They were not hunting and carried about a number of 12 shotgun, breech loaders, and carried shells of a like appear~ ance which we afterward found to be loaded with balls. These men could have had no purpose in carrying these guns except to intimidate or do vio~ lence. T'hese men knew that I was a deputy sheriff. On or about the night following, I was warned by a negro_living here at that time named,-- Brown, to watch these Italians as they were armed and hunting for me. I thought the negro trustworthy and still believe him to be so. From the time of the failure of Guereno to come back, to the time of arrest, a number of the Italians went about the place armed and went supplied with cartridges. The next serious trouble was when I went up to the stockqde to get the mules and bring them down to camp, as the feed was out up where the Italians kept them. They refused to let me have them, and to avoid the threatened trouble, I returned without them.
"As I went to the stockade with Mr. Turner, now superintendent, and the driver of the wagon to carry feed for the mules, I was surrounded by some twenty of these men, they were excited, ran about me shaking their fists, gritting their teeth, running their hands in their pockets and gibbering many things I could not understand in a loud voice, one of them at the time having a hook bill spring knife. Through

G68

JOURNAL OF THE HousE.

them the warning came to me not to move the property and that I and Colonel English were alive then, but would not be if we came back on the property. They said that they had the property, and would hold it for five years, and defied any and everybody to take the property. Mr. Turner requested me to leave the property as I was in danger. I did nothing and said nothing to provoke the slightest feeling. During the same day, the bank boss, W. C. Derberry, informed me that an apparent peaceable Italian told him to watch out that night as the Italians had threatened to blow up the magazine at No. 3, which contained 45 kegs of powder and several cases of dynamite and caps, and also magazine No.4, which contained about four hundred kegs of powder. A number of families are within range of danger.
"During the day, the Italians were continually cursing threats on Colonel English and myself. There was considerable excitement and fear among the balance of the residents during the day, some left their homes during the day. I left on the evening train for Colonel English's office; I informed him of all the things which transpired, the excitement and fear among the people at the mines and gave him as my opinion that his life, my life and the lives of the people were in danger, and that I was unable to cope with the situation. I could not communicate with Sheriff Garmany for the reason that the telephone was out of order, so I went direct to Chattanooga, reaching Colonel English's office about 5:30p.m.

MoNDAY, JuLY 25, 1910.

669

"I had some experience with the former Italians here. They seemed to know no law or order, except as communicated to them by their chief or padrone. I am of the opinion that the Italians intended harm, and that only careful guarding of the property the night before and the arrival of the military, saved serious disaster.

Sworn and subscribed to before me,

this lOth day of June, 1910.

J. A. WHITT, J.P.

JOHN MiTCHELL.

(Exhibit C.)
AFFIDAVITS OF E. A. TURNER, WILLIS
MOORE, W. C. DERBERRY AND J. C.
CHEATHAM.
STATE OF GEORGIA, . ' WALKER COUNTY.
In the matter of the arrest of certain Italians at Durham, Georgia, on May 26th, 1910, Personally comes E. A. TURNER, and being duly sworn upon oath says: "My home in Chattanooga, Tennessee, and has been for about twenty-six years coming to Tennessee, from Acworth, Cobb Co., Georgia. Part of this time I have been in the service of the United

()70

.JolTRN AL <ll<' TliE HousE.

States, having served as a Captain in the U. S. army. I have served sixteen years in the National Guard of the State of Tennessee, at present being entitled to the rank of retired Major.
For the last five years, I have been for the greater portion of the time, engaged in the coal mining buisness. Am now with the LOOKOUT MOUNTAIN COAL & COKE COMPANY, as their General Superintendent.
My first trip to the Durham mines was with Colonel English to look over the property, on Monday before the arr~st of the Italians. I stopped at No. 4 mines, Colonel English going on to No. 3 ,mines, I returned to Chattanooga the same evening and came back to the mines Tuesday morning. When I entered the office at the mines Tuesday, I found several persons in the office talking to Colonel English, among the crowd in front of the office were a number of Italians who were talking in an excited manner. I did not know what the trouble was, but as I entered the office I heard one of the Italians, who we know as "Butch," remark in a loud and excited manner "Mr. English, we are going to have our money.' ' Colonel English replied in a very courteous manner, ''I am very sorry, but I did not have anything to do with the present condition of affairs." He then got up and left the office, going into the store. The Italians seemed very angry, and as the train came up, I thought that they were going

MoNDAY, JuLY 25, 1910.

671

to offer violence to Colonel English as he started to board the train going to Chattanoc;>ga, and together with tw~ or three, stepped in between the crowd and the train. On Wednesday, Mr. Mitchell reported to me that the mules at No. 3 mines were out of feed, that he had endeavored to get the mules and had been refused admittance to the corral, and feared for his personal safety if he went up there. I had a load of feed put on the wagon and Mr. Mitchell went with the wagon up to No. 3, I walked and reached the No. 3 camp before the wagon. When I reached No. 3, there was a crowd of men congregated near one of the houses talking in an excitable manner, all of the crowd I would take to be Italians. As soon as Mitchell and the wagon arrived the crowcl immediately surrounded Mitchell and began accusing him of bothering some of their property, and threatened him if he came near No. 3 mines, there was some twenty or more in this crowd. I told Mitchell not to argue with them and took him away coming back to No.4, which is nearly two miles from No. 3. On Wednesday night, I placed guards over the magazine having been informed by the mine foreman that he feared an attempt would be made to blow up the magazine~ I was at No. 3 when the arrests were made, and saw guite a numbe'r of weapons of various kinds, and among the cartridges were shells containing solid balls that would weigh possible an ounce. I have not heard of any game in this vicinity that would require a ball of this size. I was present when the arrests were made, and can

672

JouRNAL OF THE HousE.

state most positively that no woman was arrested or molested, on the contrary, Colonel English furnished a quantity af provisions for the family of Italians who remained, but have since moved away of their own accord. The Italians lived at No. 3 camp, which is about three miles from No. 4 camp. I am fully convineed that if prompt measures had not been taken, serious trouble would have resulted.
E. A. TURNER,
Sworn and subscribed before me,
this June 10, 1910
J. A. WHITT, J. P.

STATE OF GEORGIA,
WALKER COUNTY.
In the matter of the arrest of certain Italians at Durham, Georgia, on May 26, 1910, personally comes WILLIS MOORE, and being duly sworn upon oath, says : ''I was raised in Jackson county, Alabama, and lived in Walker county, Georgia about fifteen years. At the time of the trouble at the mines, I was coal hauler for Guereno. I understood the contract between Colonel English and Guereno and I looked to Guereno for my pay. After Guereno left, the Italians quit work, they talked about the matter excitedly and mad. One of the Italians, a little red eyed fellow known to me as Tommie, after Guereno

MoNDAY, JuLY 25, 1910.
left, said to me, ''I bet you if I don't get my money, I kill somebody, we have trouble, I take dynamite and blow up things" (making a motion with hands). Butch. said, "Mr. English was away from here and alive, better stay away,'' said something about being dead. Heard this man Butch say to Colonel English, he (Col. English) ''could not get the mines or mules for five years" and that "we (meaning the Italians' were not afraid of Mitchell, Campbell, (another deputy sheriff) nor four thousand men, we want our money, we fight." Heard Quintillis say, "would hold mine for five years."
Excitement and a feeling of unrest, and many rumors of threats prevailed at mines No. 4, some people left their homes that night. Mrs. Smedley just informed me that she left her home for fear of an explosion of the magazine. I communicated to Colonel English, the threats made by the Italians.
wiLLis MooRE.
Sworn and subscribed to heforc me,
this ,June 1Oth, 1910.
J. A. WHITT, .T. P.
GEORGIA, WALKER COUNTY.
In the matter of the arrests of the Italians at Dur ham on May 26th, 1910 Personally comes W. C. Der berry and being duly sworn upon oath, says:

674

JOURNAL OF THE HousE.

I am mine foreman at mine No.4 at Durham, belonging to Lookout Mt. Coal & Coke Co., and was so employed during the trouble with the Italians. I heard one of the Italians say they would blow up things with dynamite if they didn't get their pay.
One of the Italians, half Italian and half Spanish, known as Frank Ciscillis, who appeared to be friendly or opposed to any injury or revenge, notified me to look out that the Italians would blow up the magazine if they didn't get their money.
I communicated this information to Mr. Mitche1l, and Mr. Turner on the day prior to the arrest. From the date the Italians quit work to the time of arrest they walked about on the property carrying arms.
The people living in the vicinity of the magazine for mine No. 4, perhaps sixty families, might have been seriously injured or killed in case of an explosion of the magazine. I make this statement from . experience in handling explosives and knowing the contents of the magazine.
Some of the Italians knew the Rituation of the magazine and how to enter it.
I was raised at Dade Co., Georgia, and am a native Georgian and been engaged in mining nearly all my life and have a family living with me at this place.

J\IoNDAY, ,JULY :25, 1m0.

675

'L'he day and night before the arrest there was a prevailing feeling of fear and unrest among the residents of mine No. 4.
his "\V. <J. X DERBERRY.
mark
Sworn to and subscribed before me, this June lOth, 1910. J: A. WHITT, J. P.

S'l'A'l'FJ OF' GEORGIA,
COUNTY OF WALKEH.
In the matter of the arrest of eertain Italians at Durham, in Walker Co., Ga.,. on May 26th, 1910. Personally comes J. C. Cheatham and being duly sworn upon oath, says:
I am a citizen of Chattanooga, Tenn., and have been for three and a half years. It is my business to engage contract labor. I had nothing to do with engaging this Italian labor for the Lookout 1\!ountain Coal & Coke Co. At the time of the arrest I was in the State of Alabama.
I have been in contact with this character of Italian labor for nearly twenty years, in business relations and otherwise, and am acquainted with their nature, their temperament and disposition.

676

JouRNAL OJ<' THE Homm.

For several days prior to the arrest, at intervals, from one to five of these Italian laborers would approach the office of Col. English in the City of Chattanooga. They appeared as if hunting some one, sometimes asking for Guereno, their employer, and sometimes asking for Col. English. Guereno was their chief, their interpretor and leader. These men were in a surly mood, and when informed that Guereno or Col. 'English could not be seen as they were not in the office, they would become highly incensed. It is my opinion from their excitra language and conduct that they were in a dangerous mood. I communicated to Col. English this conduct and my opinion of their dangerous intentions.
;
On one of these occasions two or three of these men appeared at the office of Col. English. They wanted admittance into the office. I informed them that Col. English was out and they could not come in. One excitedly exclaimed, "God damn. Hell. I follow him to hell to see him," or practically that language.
Some two days before the arrest, about seven o'clock p. m., two or three men, one known to us as "Butch" and another, Gratazeno, appeared 'at the office of Col. English in Chattanooga. Col. English, Mr. Earl Jackson, his .attorney, and myself were present. The interview covered a long conversation covering, off and on, two or three hours. I could not relate all that was said, but give the substance.

MoNDAY, JuLY 25, 1910.

677

These men, Butch doing most of the talking, insisted that they be paid. Col. English insisted that he had already paid now more than was due on their labor under the contract and would not pay again. They insisted that they had not gotten their money. Col. English insisted that it was no fault of his, but if the fault of any one, the fault of their employer and contractor, Guereno. The attitude and manner of these men was at all times threatening and excited. Frequently "Butch" passed his hand down tow!lrds and under his belt. Knowing the temperament of such characters, I l)elieved the danger to the life of Col. English so urgent that I took position between these men and a pistol in plain view of the desk, which action they appeared to notice, and e\'idently had effect to bring some quiet.
Col. English claimed that the contract under which they worked was forfeited and he had the right to eject them, and unless they gave up his property he would proceed to eject them under the law.
They insisted that they had five years to hold all the property in their possession, and defied Col. English, the sheriff or four thousand Americans to attempt to come on the property, and warned him not to attempt to come on. the property.
This leader frequently during the conversation, rose, approached in the direction of Col. English, fingering about his belt, and approaching at times as if he would seek to get possession of the pistol.

678

JouRNAL oF THE HousE.

It is my opinion, which I give from all the attendant circumstances, and the peculiar dangerous character of these people that the life of Col. English, his property and possibly the lives of the people living at the camp was in danger.
During this trouble Col. English was unarmed and made no threats, and acted in a civil manner. He and his attorney sought a peaceful settlement of trying to settle by any legal method or by arbitration, all of which they rejected.
J. c. CHEATHAM.
Sworn to and subscribed before me this June 9th, 1910.
J. A. WHITT, J. P.

(Exhibit D)
AFFIDAVITS OF JAMES W. ENGLISH, JR., WITH COPY OF CONTRACT.
STATE OF GEORGIA, COUNTY OF FULTON.
Personally appeared before the undersigned. James W. English, Jr., who being duly sworn deposes and says that he is President of the Lookout Mountain Coal & Coke Company, and as such officer he engaged in a written contract with forty-

MoNDAY, JuL.Y 25, 1910.

679

five (45) Italians to operate the No. 3 mine owned by said Company in Dade and Walker c_ounties, Georgia, a copy of the said contract being hereto attached, also a list of the checks of the Lookout Mountain Coal & Coke Company to each of the Ital~ ians. Under the terms of the said contract the Com- pany agreed to pay to said Italians a certain amount per ton for each and every ton of coal mined and loaded by them, and that full payment bad been made for same, as provided by the contract, as aforesaid, by said checks and that the Company is mdebted to them in no sum whatever.
Deponent further says that one Mirtiglio Guereno, the foreman, leader and interpretor, as deponent is informed and believes borrowed various sums of money from these Italians, obtained from them their pay roll checks issued to them by the Company, came to Chattanooga, obtained the money on same and failed to return to the mines, or to pay over the money so obtained and borrowed and left for parts
unknown. This failure to return to the mines and
assume ch!lrge as foreman, leader and interpretor, created bitter enmity on the part of the other Ital. ians towards him, and threats of his life, destruction of the property of the Company, dynamiting the mines, blowing up of the magazines, which contained large quantities of powder and dynamite, and if their threats had been carried out would have in all probability destroyed not only a great amount of property of the Company, but killed a large num-

680

JOURNAL OF THE HoUSE.

ber of the native hard working miners and their families.
On the afternoon of May 25th, 1910, Mr. John Mitchell, deputy sheriff of Walker county, called deponent by telephone, which, was out of order and went personally to Col. English's office in Chattanooga. He informed him of the riotious situation existing at the time among the Italians, stating that they would not permit the mules to be taken from the lot to be watered and fed, and that they had not been watered or fed for about 48 hours and that upon his attempting to enter the lot for the purpose of having them cared for he was surrounded by a large number of Italians and his life threatened if he dared attempt to remove the mules or feed them.
That the Italians who were operating No. 3 mine, ordered W. C.- Derberry, our American mine foreman, not to enter the mine for inspection, and stated that they would not allow any of the native American miners to enter or work in the mines. Mr. Mitchell stated that he was unwilling to remain there any longer, as his life had been threatened, and that unless he received assistance, he feared the most serious results, and said that he was unwilling to return to the mines unless he had a sufficient number of men to enable him to protect the lives and property of the native miners, who were threatened if they should attempt to operate No. 3 mine.
Deponent further says that mine No. 4, owned by

MoNDAY, Jur~y 25, 1910.

681

the Company, is situated about three (3) miles from No.3 mine, where the Italians were operating. The superintendent at No. 4 mine, informed him that practically all of the miners and their families, about 75 or 100 in number, were terrorized over the threats of the Italians to dynamite the store and magazine at that point, and that they were sitting up in groups, armed and afraid to retire, and that he was further informed that a Mr. Smedley, whose house is located near the magazine and occupied by him-self and family, were so distressed that he took his family out of the house and went some distance back into the mountain, spending the night there for fear that the Italians might execute their threat and dynamite the magazine.
Deponent further says that upon receipt of this information he offered to return to the mines the next morning with Deputy Sheriff Mitchell, and that said Mitchell declined to do so, stating that he believed the property of the Company and the lives and property of the native miners were in grave danger, and that some decisive step should be taken at once to protect them, and that he believed only the militia could control the situation, protect the Company's property and give the native miners the protection that they were entitled t?, and suggested that he communicate over the telephone with Governor Brown and notify him of the danger and request assistance.
Deponent further says that from the information

G82

JoURNAL OF THE HousE.

received by him from E. A. Turner, superintendent of mine No. 4, and from the statements made by Deputy Sheriff Mitchell, he believed the situation to be very grave. He called up his attorney, Ron. Earl Jackson, at LaFayette, Georgia, and explained the situation to him and asked him to communicate immediately with Sheriff Garmony, requesting him to visit the mines the following morning, and that he would accompany him. That in the discussion of the matter between Mr. Jackson, Deputy Sheriff Mitchell and himself, it was decided best for the interest of the Company, the native miners and the inhabitants of the vicinity of the mines to communicate this situation to Governor Brown at once and ask his protection of the innocent ones who were not engaged in this riotious conduct. Deponent furth~r says that thereupon he called Gov~rnor Brown over the telephone and communicated fully the foregping information to him, telling him that Deputy Sheriff Mitchell thought that the militia alone could furnish the protection to the property and the Company, and the people of the vicinity.
Deponent further says that the troops arrived the following morning in command of Captain Meikleham, accompanied by Sheriff R. S. Garmony, Deputy Sheriff John Mitchell, Ron. Earl Jackson and himself, and that he was informed upon arrival at the mines that the Italians had received information that .the militia was enroute, a~d therefore, when the soldiers arrived all was quiet and there were no scenes of disorder.

MoNDAY, JuLY 25, 1910.

683

Deponent further says that .warrants were sworn out for the arrest of the Italians, charging them with the offense of rioting, and upon their agreement, through an interpretor, to desist from further disorder and leave the property of the Lookout Mountain Coal & Coke Company, the warrants were withdrawn and they were set free.
Deponent further says that a large number of daggers, stillettos, guns, pistols and other weapons were found upon the persons and in the hands of the Italians, and he submits herewith a sample of two of the weapons with which they were armed.
Deponent further says that being fully informed, as above detailed, as to the situation at the time Deputy Sheriff Mitchell called upon Governor Brown, through him, for the military eompany, that he feels sure that but for the timely aid rendered by the Governor in ordering out the militia, the property of the Company would have been seriously damaged, and that the lives of the native miners and their families would have been endangered.
Deponent further says that neither the Civil nor the Military authorities had apy connection with the agreement between him, as President of the Company, and the Italians, to withdraw the warrants against them, and that said Italians freely and voluntarily left the premises of the Lookout Mountain Coal & Coke Company.
JAMES w. ENGLISH, JR.

684

JOURNAL OF THE HOUSE.

I hereby ce:r;tify that the above affidavit is correct to the best of my knowledge.
JOHN MITCHELL,
Deputy Sheriff Walker Co., Ga.
Sworn to and subscribed before me this June 16th, . 1910. I. L. HoLBROOK,
Notary Public, Fulton County, Georgia.

Copy of Contract.
GEORGIA,
WALKER COUNTY.
Know all men by these presents, that the Lookout Mountain Coal & Coke Company, who shall hereafter be known and designated as the party of the first part, and MARTOGLIO GUIRINO and such other associates and partners, whose names hereinafter are signed to this contract, and who shall be known and designated as parties of the second part, all of said State WITNESSETH: That the said. first party and the second parties have this day made and entered into the following contract and agreement, to-wit:
.The said party of the first part contracts and agrees with said second parties;

MoNDAY, JuLY 25, HHO.

685

First: To furnish what is known as number 3 mine, located on property of first party in Walker County, Georgia.
Second: To furnish such standing timber upon said first parties' property necessary to properly operate said mine; said timber to be cut under direction of said first party.
Third: The use of any and all mining equipment, now at said No.3 mine, an Inventory of which equipment is attached to and made a,part of this contract.
Fourth: To employ an Experienced Mining Engineer to direct the methods and lay out the work of mining, and said work to be done in said mine under the direction of said Engineer.
Fifth: To pay said second parties $1.20 per ton for all clean coal delivered f. o. b. on rail.road cars for shipping at said mines, so long as the party of the first part receives not less than $1.40 per ton for its coal f. o. b. mines; but in the event the price received by said first party shall at any time during the existence of this contract be less than $1.40 per ton f. o. b. mines, then the price to be paid said second party shall be reduced to such a sum as will give the party of the first part a net profit of not less than .20c. per ton for all coal mined and delivered on railroad cars by parties of the second part, and shipped by first party, for the use of said mine and equipment, and as a royalty on the coal.

686

JOURNAL OF THE HousE.

Sixth: Said first party does not guarantee, warrant or request the condition or safety of said mine, and does not assume any risk and undertakes no responsibility under this contract for any accident, injury or damage to apy of said second parties, or any one working for them or under them, which may happen ~r take place during the continuance of this contract.
Seventh: Settlement shall be made upon the 20th day of every month for the month preceding, and said settlements for coal shall be made according to .the weights of the Railway Company to whom it is delivered for shipment. In the settlement the amount of coal shipped in the month preceding, as per weight of R. R. Company, shall be the true amount of tons to be paid for as above set out to parties of the second part or their order, and any and all sums due the first party by the second parties shall be first deducted.
Eighth: Said first party has the right to refuse payment to any one of said seconu parties for each and every mine car of coal containing as much as one powder can of slate, dirt or rock.
Ninth: The sole right to terminate this contract if any of the terms and conditions of the same are violated by any of the second parties, together with the further right and privilege to take immedate
of possession all of the property and effects in the
hands of snid second pnrty which were ohtained from

?\foNDAY, JuLY 25, 1910.

687

first party, unless it be such as shall have been paid for in full by said second parties, is reserved and may be inforced by said first parties.
It is further contracted, stipulated and agreed by said second parties who hereby accept the conditions and stipulations set out above, and who further upon their part contract and agree:
~-.irst: To take charge of said' No. 3 mine and b put the same in a suitable and safe condition for mining, and to build tram tracks and make proper entries, rooms and halls, and do whatever is necessary to the safe and successful mining of coal in said No. 3 mine, under the direction of the mining engineer in charge..
Second: Commencing April h;t, HllO, to mine and load on Railroad cars for shipm~nt not less than 5,000 tons of good, clean coal, free from slate, dirt or other impurities, every month during the continuance of this contract.
Third: Each nnd every one of the said second. parties to this contract agree to work every day, except when sick and so reported by the camp physician.
Fourth: Said first party may make contract for not less than 5,000 tons per month from said No. 3 mine from April the first, 1910, during the length of this contract, and we contract and agree. to for-

688

JoURNAL UF THE Ilon;E.

feit .~Oe. per ton for every ton less than 5,000 tons per month, and we hereby authorize said first party to remain out of the amount due us said forfeit.
Fifth: To work said mine under the direction of an experienced mining engineer to be selected by said .first party, and the decision of said engineer on all matters pertaining to the operation of said mines shall he final.
Sixth: Upon failure to mine and load f. o. b. on railroad cars for shipment of at least 5,000 tons per month, and upon receiving from said first party a written demand for said mine and property, we, each and every one, hereby contract and agree that thls contract shall te at an end, and that we will give immediate possession to said first party the said mine and all equipment and other property m our pos session belonging to said first party.
Seventh: \Ve agree on the lOth day of each month to furnish the Raid first party with the pay-roll showing the amount due each man for the month pre vious. It being understood and agreed that the said lirst party is liable to said second party only for the payment of tlw numher of tons of coal loaded . each month as per R. R. weight as hereinbefore set out.
It is mutually agreed and understood by all parties to this contract that the said party is to be at no cost or expense in the preparation, operation and mainte.nance of said mines, nor is said first party to

:MONDAY, JULY 25, 1910.

689

be liable for :my damage that may be done to t'lHid second parties, or any one else by reason of th<ol condition of said mine, its operation or maintenanl'e or anything connected with said operation.

The above and foregoing contract shall continue and be of force for five years from its date of execution, unless terminated at an earlier day by the provisions herein, and the amount of coal and its condition as to being free from dirt, rock and slate as herein set out, is essence of this contract. Nothing herein contained shall be construed as preventing the friends of second parties from working in said No.3 mine.

In WITNESS Whereof we have h.ereunto set out

hand and affixed our seals this 22nd day of March,

1910.

LooKOUT MouNTAIN CoAL & CoKE Co.,

James w. English, Jr., (Seal)

Mirtoglio Guirino, (Seal)

Germano Gigliondi, Alexandre Mencheni, Arturo Calvani, .Adjujenti Vignali,

Signed, sealed and delivered in presence of

EARL JACKSON'
Gani Duffy, Quincy Cesare, Boli~;nini Actavio,

ji!hl

JouRNAL OF THE HousE.

Tony Chansi, Ippolito Ballotti, Sianni Baroli, Gueorgiolini Egni to, Francors Guillard, Florin Macconel, Pietro Guianschi, Ferrino Guido, Balloti Danti, Raimondi Graisini, Valenir Barbini, Forcensto Fortuna to, Reiciarelli Tacyro, Ferdinand,o Branchett i, Bartalo Marchesini, Quintilio Pasenichi, Chiciecci Suniballoddo, Oltavio Nemchini, Augusti Cortoriloi, Ernesto Fidelio, Armando Bragi, Armando Carbonani, Verno Gerogi, Tega Rigarioli, Tergio Guissepio, Calvinio Amerigo, Pacino Pici, Geo. Moorchesinio, Cecchini Alexandro, Germano Gughirdi, Vergiggio Pdisonesschi,

MoNDAY, JuLY 25, 1910.

691

NAME.

AMOUNT.

Florrie Mangenello

$39.30

Joe Machesini ------------------- 43.84

Quintilio Pesencchi -------------- 47.25

Angenta Catardi ---------------- 60.00 Germano Gigliondi _____________ ;_ 42.25

Nosi Tonanzi -------------------- 46.93

Virgilie Corsini ----------------- 46.9,3

Velanti Barbini ------------------ 46.50 Bartolo Marchesini _____________ _ 38.75

Ferdinando Branchetti ----------- 48;60

Adjenti Vignali ------------------ 46.10 Alexandre Memcheni ____________ _ 42.50

Dante Ballotti ------------------- 48.32

Iacopo Riciareli ------------------ 44.02 Ippilito Ballotti _________:.. ______ _ 47.50

Octavio Bolognini _______________ _ 49.44

Oltavio Memchnini --------------- 32.50

Petro Pisaneshi ------------------ 45.00

Cessare Quihi -------------------- 30.99

Pacino Pici --------------------Mirtoglio Guirino & Co. __________ _ Mrs. Nannie Fletcher __________ _ French Guilliard _________ .:_ ______ _

47.50 50.00 4.00 19.21

Ferrino Guido ------------------- 25.10 Sinibaloddo Chiciecci ____________ _ 49.64

Ramondi Graisini ---------------- 47.58

Egirti Gingnalini ---------------- 29.74

Ginsepi Gratzini ----------------- 60.21 Cezre Gnercia ------------------- 21.31

Pietro Pizanerchi ---------------- 49.72

'

692

JouRNAL oF THE HousE.

NAME.

AMOUNT.

Benbiro Magrini ----------------- 35.64 Pacino Paci _______:._ _____._.:_______ 39.74

Enerito Cartagnio ----------------- 36.45

rrosi Arnido --------------------- 26.30

Toni Censi ----------------------- 5.66

Jon Tega ------------------------ 9.23

Tega Ricaido -------------------- 26.12

Scotti Albino -------------------- 16.78

Emerto Fidell --------------------- 14.35

Armando Carbonani --~----------- 7.58

Armandi Bragi

10.50

Arturo Calvani

75.00

(Exhibit E)
AFFIDAVIT OF SHERIFF R. S. GARMANY.
STATE OF GEORGIA,
WALKER COUNTY.
In person comes R. S. Garmany, who on oath says:
"On May 25th, about 9:30 or 10 o'clock p.m., Col. Earl Jackson called me up on the local' 'phone, saying that he had just heard from Mr. English, who said he wanted me and him (Col. Jackson) to go up to the Mountain with him the next morning as there was some trouble up there with the miners. I told Mr. Jackson that I was not feeling well, but thought I would feel better by morning, and would

MoNDAY, JULY 25, 1910.

693

go if possible. I did not know whether I could get off as I had some work to look after the next morning, but thought I might get Mr. Simms to attend to it for me, which I did. I heard nothing more until tlie next morning (May 26th). About 6 o'clock Mr. Jackson came to my house and asked if I could go to the mountain, saying to me that the Lindale troops would be up on the 8 :45 train going to the mountain; that Mr. English had informed him of that fact some time late that night. I told Mr. Jackson that I would go up to the' mountain, so I met the train and found the troops on the train. Mr. Jackson and myself got on the train in company with the troops for Durham Mines.. On reaching Chickamauga we found Mr. English and Mr. John Mitchell, special deputy sheriff, waiting for the north bound train for Chattanooga, so we left Chickamauga for Durham. After leaving Chickamauga I asked Mr. Mitchell what the trouble was at the mines. He stated that the Italians would not work and would not let the mines be operated, nor the mules be fed or watered, and that they had made threats that they would kill Col. English if he put his foot back on that mountain.
Capt. Meekleham came to me on the train after passing Durham Junction, stating to me that if the miners were in a riotious condition and destroying the property, it was up to him to settle things the best way he saw fit to do, so I remarked to the Captain that I understood his position in the case. The

G94

JouRNAL oF THE HousE.

Captain then offered me any assistance that I might need. I thanked him, stating to him that I did not know the situation of things on the mountain; that I would investigate things after I got up there and let him know if I should :rieed his assistance. After we reached Durham and were put on the side track, the Captain ordered his men to line up. After getting them lined up, CoL English remarked: ''There are some of them,'' and commenced motioning and calling for them. Some of the men we:&e in their shirt sleeves and some of them had coats on. They were arrested by the Captain's troops. and placed in the car. I remarked to the Captain that they ought to be sear<:hed, so he gave orders to search them, so myself, T. E. Simms, special deputy sheriff, and one or two of the soldiers searched the Italians, finding one dirk and three or four ordinary pocket knives. They showed no resistance that I saw, and all seemed to be very submissive. There was some seven or eight of them that met the train with some citizens. After placing these Italians in the car, CoL English remarked he thought it best to round them all up and put them in the car. After so doing, there were two soldiers sent with each Italian to their houses to get their clothing. After getting their clothing they were carried back to the car and placed there under guard of soldiers. I did not see any of the Italians with guns. In the round up of Italians there was four double barrelled shotguns found, and I think two pistols and some more knives. I saw a good many rartridges, and I secured one ball

MONDAY, JuLY 25, 1!)10.

6!)5

eartridge and now 1lave it in my possession. About 12 o'clock the Italians had gotten up their baggage and were put in the car and guarded. We went from on the hill to where the car was, down on the side track. I asked Mr. Jackson what was going to be done with the Italians, and he said he did not know. I then told him to call Col. English and find out about it. English came to us and I asked him what he was going to do with these Italians. He said that he was going to send them to jail, and I told him that he had better get busy and swear out warrants and have them committed to jail, for this must be done ,before I could take any control of them. Mr. English called for two of the Italians to come out of the car to_ where he and I and Col Jackson were standing. Mr. English called the two Italians, one of them ''Butch,'' and the other, I don't remember his name. He stated to them, that if they would leave the mountain, keep off of his property, not stop in Chattanooga and not come about the Reed House, he would let them go, a~d not swear out any warrants, and then he told thetwo Italians to go back in the car and tell the rest of them what he had said, and to come back. After coming back from the car, they stated to Mr. English that they were all willing to leave-! think it was about 1 o'clock by this time. T. E. Simms and myself went up to Jake Whitt's store to get something to eat. Stayed up at t11e store something like an hour and went back down the railroad and sat down in the shade, waiting for the train. I don't remember what

(i96

JoURNAL OE' THE HousE.

time the train ran up to the station at Durham, but think it was half past two, or three p. m., as the train was late. After the train passed the side track where the car of Italians was placed, I went down on the side track near the car. Capt. Meekleham came to me, asking me to give him a release for twenty-two men. I told the Captain that I could not do so, as I did not have any of them in my charge. The Captain stated to me that he had notified the Governor that he had 22 men for the sheriff. I told the Captain that I was sorry that I could not sign a release for the 22 men, and I told him that if English or some one else would swear out warrants for them that I would arrest them and sign a release for them. After the warrants were sworn out by English, I arrested the 22 men in the car where they had been put by the soldiers and had ?een guarded for some three or four hours by the soldiers. After arresting the 22 Italians the Justice of the Peace (The N. P. & J. P.) and Mr. English were called into the car. Mr. English told the Italians that if they would leave the mountain and stay away he would withdraw the warrants. They all agreed to that, and Mr. English withdrew the warrants. I told them there was not anything against them, and that they were free, and they came on the same train to Chickamauga with the soldiers. Mr. Jackson told me that he was going to pay their railroad fare to Chattanooga, and I am satisfied that he did so, and I told Mr. Jackson that I thought it would be right to pay their way, as some

MoNDAY, JuLY 25, 1910.

697

of them claimed to have no money. They were held without any dinner.
I was home in LaFayette, Georgia, on May 23, 24
nnd 25. I never got any word from Gov. Brown in
regard to the riot at the Lookout Mountain Coal & Coke Co.'s place on Lookout Mountain or elsewhere.
All the information I got was from Col. Jackson, as heretofore stated. There were three Italian men . left, one having been hurt in the mines and was not able to leave. Through information, I heard that one of the men's wife was there; that she was left there to take care of the crippled man. I heard Mr. English tell the two men to bring the crippled man to their house and take eare of him. He called the woman out of the house and wrote her an order to the store for someth~ng to eat.
After arriving at the mines I found that there was no trouble that it required the militia to settle. I think I could have taken another man and arrested the Italians by having warrants for them. I heard after I got to the mines, that there had not been anything said except by two or three of the Italians. I did not see any resistance from any of the Italians.
I st?te furthermore that I went on the first train after receiving the information from Mr. Jackson
of any trouble at the mines.
(Signed) R. S. GARMANY, Sheriff.

698

JouRNAL OF THE HousE.

Georgia, Walker County:
In person before me, comes R. S. Garmany, who on oath, says that the foregoing affidavit is true.
'E. FosTER, Ordinary of Walker County.

(Exhibit F)
CERTIFIED COPY OF WARRANT FOR AR-
REST OF ITALIAN MINERS SHOWING
DISPOSITION OF SAME.
STATE OF GEORGIA,
WALKER COUNTY.
Personally came Jas. 1N. English, Jr., who on oath saith that to the best of his knowledge and belief Quintilio Pesenichi, Florrie Mangenello, Augusti Cort~riloi, Francors Guillard, Ferrino Guido, Ferdinanda Branchetti, Fortunato Inocenta, Vergilie Corsini, Nosi Tonanzi, Ippilito Bologini, Guiseppi Graisini, Pacino Paci, Chem~rieni Mogini, Ernesto Fidelio, Albino Scotti, Onie Ceni (or Toni Censi), Amango Valinio, Virgilio Pisaneschi, Egnito Gueorgiolini, Armando Carbonani, Ricardo Tega and Gio Tega, did on the 25th day of May, 1910, in the county aforesaid, commit the offense of riot by them and their assembling for the purpose of disturbing the

:MoNDAY, JULY 23, HJ10.

699

public peace, and did not disperse on the command of John Mitl'hell, a peace officer, and this deponent makes this affidavit that a warrant may issue for their arrest.
(Signed) JAMES W. ENGLISH, JR.
Sworn to and subscribed before me, this 26th day of May, 1910.
(Signed) J. A. WHITT, J ..P.

S'rATE O.F' GEORGIA,
WALKER COUNTY.
To any Sheriff, Deputy Sheriff, Coroner, Constable or Marshal of said State, Greeting:
J. W. English, Jr. makes oath before me that on the 25th day of May, in the year 1910, in the county aforesaid, Quintilio Pesenichi, Florrie Mangenello, Augusti Cortoriloi, Francors Guillard, Ferrino Guido, Ferdinando Branchetti, Fortunato Inocenta, Vergilie Corsini, Nosi Tonanzi, Ippolito Bolognini, Guiseppi Graisini, Pacino Paci, Chembrieni Mongini, Ernesto Fidelio, Albino Scotti, Onie Ceni (or Toni Censi), Amango Valinio, Virgilio Pisaneschi, Egnito Gueorgiolini, Armando Carbonani, Ricardo Tega and Gio Tega did commit the offense of riot, and are therefore commanded to arrest the body of said parties above named, and bring before me, or some other Judicial Officer of this State, to be dealt with as the law directs. Herein fail not.

700

J ouRNAI, oF THE HousE.

Witness my official signature and seal this the 26th day of May, 1910.
(Signed) J. A. WHITT, J. P.
Executed the within warrant by arresting the within named defendants and bringing before J. A. Whitt, J.P., to-wit:
This May 26th, 1910. (Signed) R. S. GARMANY.
This case being called and no appearance for the State, the Sheriff's warrant is hereby dismissed, this May 26th, 1910.
(Signed) J. A. WHITT, J.P.

GEORGIA, WALKER CO.
I hereby certify that the within copy warrant is a true copy of the original sworn out before me and lodged, in my office May 26th, 1910, together with a11 the entries the~eon. Given under my hand and official signature this June lOth, 1910.
J. A. WHITT, J. P.

MoNDAY, JuLY 25, 1910.

701

The following communication was read:
To the Speaker and House of Representatives of the Sta:te of Georgia:
In behalf of the directors of the Appalachian Exposition, I most cordially extend through your honorable body to the citizens of Georgia an invitation to participate in the benefits of their great undertaking.
With the consummation of our forest and the protection of our water-sheds we have inaugurated :1 great exposition of exploitation and development of the latent resources of the Appalachian district, the richest section of America.
The resources of this great Appalachian territory consisting of parts of Georgia, North and South Carolina, the Virginias, Tennessee, Kentucky, and part of Alabama, will be shown to the world at one of the most pretentious expositions the American people have ever seen, and which will be held at Knoxville, Tenn., Sept. 12th to Oct. 12th, 1910.
I cordially urge and invite your endorsement, co-operation and presence during any lmd all the time of our holding.
President Taft, citizen Theodore Roosevelt, and other distinguished citizens are numbered among our guests.

702

,JouRNAI, OF THE HousE.

Georgia hei.ng vitally interested and foremost in the march of progress .in this district, and in the resources our exposition will exemplify, we are again .sincerely and cordially extending an invitation to every citizen in the State of Georgia.
A specialday during the holding of this great Appalachian Exposition will be designated as Georgia Day.
Respectfully yours,
WM. J. OLIVER,
President.
SANDFORD H. CoHEN,
Asst. to President.

By una:t;1imous consent the session of the House was extended for 10 minutes for the purpose of reading Senate and House bi}ls a first and second. time :
The following resolution was read and ordered to lie on table one day, to-wit:

By Mr. Garlington-
A resolution endorsing the Appalachian Exposition.
On motion of Mr. Hall, of Bibb, 300 copies of the Governor's Message were ordered printed, and tliat

MoNDAY, JuLY 25, 1910.

703

the reading of the affidavits attached thereto be dispensed with, which motion prevailed.
The following resolutions, which were the special order for this morning were taken up and put upon their passage, to-wit:

By Mr. Hubbard, of Dawson-

A resolution to refund $50 to J. R. Hubbard, et a1, paid by him for charter.
An appropriation being involved the Speaker resolved the House into a Committee of the whole and designated as Chairman, Mr. Wohlwender, of Muscogee.
Aft~r a consideration of the resolution the Committee arose and through its Chairman reported tha same back with the recommendation that it do pass.
The report of the Committee was agreed to.

On the passage of the resolution the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Atherton

.-\Jexander of Fulton Atkinson

Allen

Ault

Alley

Barksdale

Anderson of Chatham Bakel

Armistead

Barrett

Beacham Bell Berry Brinson of Decatur Brinson of Emanuel Brown of Carroll

704

JouRNAL OF THE HousE.

Brown of Henry Burch Buxton Calbeck Cannon Childs Convers11Cordell Couch Cowan Daniel Davis Edwards Ellison English Faircloth Field of DeKalb Ford Fullbright Gastley Gillis Graddick Hall Hardman of .Jackson Harrington Hatfield Helms Henderson of Irwin Hendricks Hill Holder of Floyd Holtzclaw

Howell

I'op'l

Hubbard

Porte1

Huie

Redding

Johnson of Bartow Reid of Campbell

.Joiner

Reid of Macon

.)ones of Meriwether Roberts

Jones of Mitchell

Rogers

Kendrick

Shirley

Kidd

Slade

Kirby

E-mith of Gilmer

Littleton

SmHh of Tattnall

Lovejoy

Smith of Walton

Meadows of Telfair Stovall

Meadows of Toombs 'farver

Miller of Calhoun

Tugglo

Mooro

Turner

Mos~

Turnipseed

MacFarland

Upshaw

Macintyre

Vinson

McCarthy

Waddell

McConnell

Walter:t

l\fcUurry

Wasden

McMahan

Watkina

McMichael of Butts White of Screven

McMichael of Marion Whiteley

McWhorter

Wight of Grady

Olive:

WilliamJ

Parker of Decatur \V ohlwende1

Parker of Talbot

Woo<l

Paulk

V1oodlif(

Persons

Pickett

Those voting in the negative were Messrs:

Alexander of DeKalb Brown of Murray Cooke Culberson

Drawdy Guyton Kennedy Martin

Miller of Ware Mitchell Mc('utchen

Those not voting were Messrs. :

Anderson of Bullock Bailey

Bagley

Booker

Boyd Brown of Fulton

MoNDAY, Jur.Y 25, 1910.

705

Butt Carswell Carter Chandler Cureton Dickson Edmondson Elder Ellis Evans Fender Fields of Crisp Garlingt.on Godley G l'iffin of Sumter Griffin of Twiggs Hardeman of Jeffs 'n Harvey

Heard

Pierce

Henderson of Turner Prico

Hullender

Proctor

Johnson of Jeff DaYis Reaves

J>Ohnson of Towns Reese

Jones of Laurens

Rentz

Keith

Rosser

Kelley

Sheppard

Kicklighter

Simmons

Lawrence

Simpson

Lewis

Strong

Lord

Stubbs of Putnam

Middlebrooks

Stubbs of Thomas

Milikin

Tippins

:McArthur

Tracey

McCrory

\\'right of Floyd

McElreath

\Vright of Stewart

Peacock

Mr. Speaker

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

On the passage of the bill the ayes were 112, nays, 11.

The bill having received the requisite Constitutional majority was passed.

The following resolution was read, to-wit:

By Mr. McCurry, of Hart-
A resolution to make Senate Bill No. 180 a special order.
Referred to Committee on Rules.

h-23

706

JouRNAL oF THE HousE.

The following report of the joint Committee to consider the advisability of erecting a building fo-:. n State Museum, submitted the following report:

To the General Assembly of the State of Georgia:
Your Committee appointed under House Resolution No. 203, providing for the appointment of a joint Committee of five from the House and three from the Senate, to consider the advisability and desirability of erecting a suitable building in some central location for a State Museum for a permanent exhibit of the agricultural, mineral and manufactured products of the State, and for providing room for the scientific departments of the State Government, thereby relieving the congested condition of the Capitol, beg leave to report that, after a careful investigation and personal inspection, in our opinion this movement is most timely.
1'he business district of Atlanta is growing so ra.pidly 'that already the encroachment upon the zone of the present Gubernatorial Mansion property renders it undesirable as a residential district by reason of commercial environments, and the mansion property having become so valuable for commercial purposes, it is an opportune time for disposinging thereof and securing a lot more eligibly lo<>ated on which a new mansion, of Georgia material, that will be a credit to the State, may be erecte~; and a lot on which a suitable building for purpose-, of a State Museum, embracing commodious quarter~

MoNDAY, JuLY :25, 1910.

707

for the State's scientific departments. ~,rom tentative bids and propositions for lots, it is our opinion that tl1e mansion property will bring a sum sufficient to provide the Museum and new mansion without costing the State one cent.
We, therefore, concur in recommending strongly to the General Assembly the creation of a joint commission to be appointed, three from the House arid tw:o from the Senate, from the members of the present General Assembly, to take under consideration the proposition looking to the disposal of the present Gubernatorial Mansion property on terms of advantage to the State and securing of lots for a new mansion and Museum Building, and, having a definite plan, report such back to the session of the General Assembly in 1911 for its approval.
All of which is respectfully submitted,
H. A. MATHEWS, J. R. McCoLLUM, G. Y. HARRELL, Committee on part of Senate.
J. s. DAVIS,
SAM F. GARLINGTON, WILLIAM BuTT,. J. A. J. HENDERSON, L. G. HARDMAN, Committee on part of House of Represen_tatives.

708

JouRNAL oF THE HousE.

The next special order for a third reading was as follows:

By Mr. Moss, of Cobb-
A bill to appropriate $2,000 for the completion of the improvements of the Confederate Cemetery at Marietta.
An appropriation being involved the Speaker resolved the House into a Committee of the whole and designated as Chairman, Mr. Turnipseed.
After a consideration the Committee arose and through their 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:

'l'hose voting in the affirmative were Messrs.:

Alexander of DeKalb Barksdale

Butt

Alexander of Pulton Baket

Buxton

Allen

Barrett

Cal beck

Alley

Bell

Cannon

Anderson of Bullock Brinson of Decatur Chandler

Anderson of Chatham Brinson of Emanuel Childs

Armi~tead

Brown of Carroll Converso

Atherton

Brown of Henry

Cooko

Atkinson

Brown of Murray Cordell

Ault

Burch

Couch

MoNDAY, JuLY 25, 1910.

709

Cowan Culberson Daniel Drawdy Edwards Ellison English EYans Faircloth F'ield of DeKalb Pord Fullbright Garlington Crastley Gillis Godley Graddick Griffin of Sumter Guyton Hall Hardman of Jackson Harrington Hatfield Helms Henderson of Irwin Hill Holder of Floyd Holtzclaw Howell Hubbard Huie Johnson of Bartow Joiner .Tones of Meriwether Jones tof Mitchell

Keith Kelley Kendrick Kennedy Kidd Kirby Lawrence
l,ewi~
Littleton Lovejoy Martin Me;!dows of Telfair l\Ieadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Mitchell lliooro Mos:l MacFarland Macintyre McCarthy McConnell McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McWhorter Parker of Decatur Parker of Talbot Paulk Persons Pickett

Popo
Porte~
Proctor Redding Reid of Campbell Reid of Macon Rentz Roberts Rogers Sheppard Shirley Slade Smith of Gilmer Smith of Tattnall Smith of Walton StoYall Stubbs of Putnam Stubbs of Thomas Tarver Tuggle 'l'urnipseed lepshaw Yinson Waddell Walten Wasden Watkina White of Screven Whiteley Wight of Grady William1 Wohlwender Woorl Woodlifl Wright of Floyd

Those voting in the negative were Messrs.:

Adams

Berry

Those not voting were Messrs. :-

Bagley Bailey

Beacham -Booker

Boyd Brown of Fulton

710

JouRNAL oF THE HousE.

Carswell Carter Cureton Davis Dickson Edmondson Elder Ellis Fender Fields of Crisp Griffin of Twiggs Hardeman of Jeffs 'n Harvey Heard

Henderson of Turner Pierce

Hendricks

Prico

Hullender

Reaves

.Johnson of Jeff Davis Reeso

Johnson of Towns Hosse:

Jones of Lauren!!

Simmons

Kicklighter

Simpson

Lord

Strong

Milikin

Tippins

Minte:

Tracey

McArthur

Turner

McMichael of Marion Wright of Stewart

Olivet

l\ft. Speaker

Peacock

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

On the passage of the bill the ayes were 127, nays, 2.

The bill having received the requisite Constitutional majority was passed.

Mr. Anderson, of Chatham, moved to adjourn,

,

which motion prevailed and the business for which

the session was extended was taken up.

The following bills were introduced and read the first time, to-wit:

By Mr. Hardman, of JacksonA bill to incorporate the city of Commerce. Referred to Committee on Corporations.

MONDAY, JULY 25, 1910.

711

By Mr. Johnson, of Bartow-

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

Referred to Committee on Corporations.

By Messrs. Alley, of White; Kendtick, of Taliaferro, et al-
A resolution in relation to the matter of the State of Georgia vs. the Tennessee Copper Co.
Referred to Committee on General Judiciary.

By Mr. Brown, of Murray-
A bill to fix the salary .of the Treasurer of Murray county.
Referred to Committee on Counties and County Matters.

By Mr. ABen, of Upson-
A resolution relative to the sale of Georgia Reports.
Referred to Committee on Public Library.

712

J ouRNAIJ oF THE HousE.

By Mr. White, of Screven-
A bill to provide that counsel shall be given notice in cases decided in the Supreme Court and Court of Appeals.
Referred to Committee on General Judiciary.

By Mr. White, of Screven-
A bill to provide for the service of affidavits in interlocutory hearings.
Referred to Committee on General Judiciary.

By Mr. White, of Screven~

A bill to provide for the service of amended grounds for new trials in the Superior Courts.
Referred to Committee on General Judiciary.

By Mr. Anderson, of Bullock-
A bill to detach the county of Bullock from the Middle Judicial Circuit.
Referred to Committee on General Judiciary.
The following bills were read the second time, to. wit:

MoNDAY, JULY 25, 1910.

713

By Mr. Fullbright, of Burke-
A bill to amend an Act to authorize the publication of Georgia Reports.

By Mr. Fullbright, of Burke-
A bill to provide for the purchase of certain Georgia Reports.

By Mr. Alley, of White-
A bill to prevent the hunting of foxes in White county in certain seasons.
The following resolution was read and adopted, to-wit:

By Messrs. McMichael, Woods and Alexander-
A resolution giving indefinite leave of absence to Hon. R. P. Minter on account of sickness.
The following Senate bills were read the first time, to-wit:

By Mr. Kemp, of 16th district-
A bill to incorporate the Lanier School District.
Referred to Committee on Education.
a. I"'

714

JOURNAL oF THE HousE.

By Mr. Mays, of 26th district-
A bill to amend an Act to authorize electric railways, etc., to acquire by purchase, lease or otherwise the stock, property, rights and franchises of other such companies.
Referred to Committee on Railroads.

By Mr. Calhoun, of 15th districtA bill to incorporate the town of Alston. Referred to Committee on Corporations.

By Mr. Pitts, of 43rd district-
A bill to amend the several Acts to incorporate the city of Dalton..
Referred to Committee on Corporations.

By Mr. McClure, of 39th district-
.
A bill to amend Section 982, Volume 1 of the Code so as to add the town of Canton to list of State depositories.
Referred to Committee on Banks and Banking.
Leave of absence was granted Mr. Simpson on account of illness.

MONDAY, JULY 25, 1910.

715

rrhe Speaker then announced the House adjourned until 3 o'clock this afte.rnoon.

3 o'clock p. m.

The House reconvened at this hour imd was called to order by the Speaker.

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

Adams

Butt

Alexander of DeKalb Buxton

Alexander of Fulton Calbeck

Allen Alley

Cannon Carswell

Anderson of Bullock Carter

Anderson of Chatham Chandler

Armistead Atherton

Childs (;on verso

,\ tkinsou

Cooke

Ault

Cordell

Barksdale

Couch

Bagley

Cowan

Bailey

Culberson

Baker

Cureton

Barrett

Daniel

Beacham

Davis

Bell

Dickson

Berry

Drawdy

Bookel'

Edmondson

Boyd

Edwards

Brinson of Decatur Elder

Brinson of Emanuel Ellis

Brown of Carroll

Ellison

Brown of Fulton

English

Brown of Henry

Evans

Brown of Murmy Paircloth

Burch

Fender

J.'ield of DeKalb J.'ields of Crisp Ford Pullbright Garlington Gastley Gillis Godley GTaddick Gtiffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n Hardman of Jaclison Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd Holtzclaw lfowell Hubbard

716

JOURNAL oF THE HousE.

Hullender

McArthur

Shirley

Huie

McCarthy

Simmons

Johnson of Bartow McConnell

Simpson

Iohnson of Jeff Davis McCrory
rohnson of Towns McCurry

Slade Smith of Gilmer

Joiner

McCutchen

Smith of Tattnall

.Tones of Laurens

McElreath

Smith of Walton

Jones of Meriwether McMahan

Stovall

Jones of Mitchell

McMichael of Butts Strong

Keith

~[cMichael of Marion Stubbs of Putnam

Kelley

McWhorter

Stubbs of Thomas

Kendrick

Oliver

'l'arver

Kennedy

Parker of Decatur Tippins

Kicklighter

Park-er of Talbot

Tracey

Kidd

Paulk

Tugglo

Kirby

Peacock

'l'urner

Lawrence

Persons

, 'Jurnipseed

Lewi1

Pickett

Upshaw

Littleton

Pierco

Vinson

Lord

Popo

Waddell

Lovejoy

Porter

Walten

Ma~tin

Prioo

Wasden

Meadows of Telfair Proctor

Watkins

Meadows of Toombs Reave9

'White of Screven

Middlebrooks

Redding

Whiteley

Miller of Calhoun Reeso

W~ght of Grady

Miller of Ware

Reid of Campbell

William.!

Milikin

Reid of Macon

"\Vohlwender

Mitchell

Rentz

Vv'ood

Mooro

Hobert~

Woodlifl

Mos~

Roger9

Wright of Floyd

MacFarland

Rosser

Wl'ight of Stewart

Macintyre

Sheppard

M:. Speaker

Mr. Minter was absent.

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

MoNDAY, JuLY 25, 1910.

717

By Mr. Vinson, of Baldwin, and Persons, of Monroe, et al-
A bill to appropriate $15,000 for the erection and equipping of building for treatment of tuberculosis.
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 the recommendation that it do pass.
The following amendment was adopted, to-wit:

By Mr. Hall, of Bibb-
To amend Section 1 by striking therefrom all the words after the word ''sum'' in line next to last and insert in lieu thereof the following: ''That it shall be the duty of the said Board to have plans of said buildings pre~ared and specifications drawn and shall advertise for bids and shall let the work to the lowest responsible bidder which bid shall be submitted to the Governor, who shall approve the same and shall require the contractor to give bond to the State for the faithful performance of the work and the Governor shall draw his warrant on the Treasury in favor of the contractor from time to time as the work progresses, said sums to be drawn only on

718

JouRNAL oF THE HousE.

the certificate of the architect showing .the amount of work accomplished.''

The favorable report of the Committee wns 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

Cordell

Henderson of Irwin

Alexander of DeKalb Couch

II ill

Alexander of Fl)lton Culberson

Holder of Floyd

Allen

Daniel

I:o!tzclaw

Alley

Davis

Hubbard

Anderson of Bullock Drawdy

Hullender

Anderson of Chatham Edwards

Huie

Armistead

Ellison

Joiner

Atkinson

English

Jones of Meriwether

AuH

Evans

Jones of Mitchell

Barksdale

Faircloth

Keith

Bakel

Firld of DeKalb

Kendrick

Barrett

Fields of ('risp

Kennedy

Bell Booke.r Brinson of Decatur Brinson of Emanuel Brown of Fulton Brown of Henry Brown of Murray Bureh Butt Bnxton

Jo'ord Fullbright Garlington Gastley (:ill is Oodley Gmddick ( riffin of Sumter nuyton Hall

Kicklighter Kidd Kirby Lewi1 . Littleton Lovejoy MJ1rtin M-eadows of Telfair Meadows of Toombs Miller of Calhoun

Calbeek

Hardeman of Jeffs'n l\filler of Ware

Cannon

J:ardman of .Jackson Mitchell

Cart&

Harrington

Mooro

( 'hiltls

Harvey

l\lios1

Converso

Hatfield

M acFarlaml

Cooke

!Itlms

l\1'aeTntyre

uno. MoNDAY, JuLY 25,

719

McCarthy

Po1-te:

McConnell

Proctor

~icCrory

Redding

McCurry

Reeso

McCutchen

Reid of Campbell

McElreath

Reid of Macon

McMahan

Hobertl

McMichael of Butts Rogers

McMichael of Marion Rosset

McWhorter

Sheppard

Olive:

Slado

I'arker of Decatur Smith of Tattnall

Parker of Talbot

Smith of \\'alton

Paulk

Stubbs of Putnam

Persons

Stubbs of Thomas

Pierce

'farvet

l'opo

'l'racey

Tuggle Turnipseed Fpshaw Yinson \\'ad dell \Vasden Watkin:! White of Screven Whiteiey Wight of Grady \\' illia ml Wohlwcnde: Woo:l W.oodlil.! Wright of Floyd

Those voting in the negative were Messrs.:

Beacham Berry

Brown of Carroll Chandler

Cureton

Those not voting were Messrs. :

Atherton Bagley Bailey Boyd Carswell Cowan Dickson Edmondson Elder lmis Fender Griffin of Twiggs Heard Henderson of Turner Hendricks

Howell

Heaycs

Johnson of Bartow Hentz

Johnson of Jeff Davis Shirley

Johnson of 'fowns

Simmon~

.Jones of Laurens

Simpson

Kelley

f;mith of Gilmer

Lawrenc<i

titovall

Lord

Strong

:Middlebrooks

'fippins

Milikin

'furner

:Mintet

Walters

McArthur

\\'right of Stewart

Peacock

Mr. Speaker

Pickett.

Price

720

JouRNAIJ OJ<' THE HousE.

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 136, nays, 5.
The bill having received the requisite Constitutional majority was passed as amended.
On motion of Mr. Anderson, of Chatham, House Bill No. 600 was tabled. '
Mr. Persons, of Monroe, asked unanimous consent that House Bill No. 259 be recommitted to the Committee on Constitutional Amendments and that House Bill No. 257 which was the bill that was intended to be reported when No. 259 was reported be considered read a second time, which motion prevailed.
The next special order was as follows, to-wit:

By Mr. Wright, of Floyd-
A bill to create in the State Library a Bureau of Legislative Information and make appropriation for support and maintenance of same.
I
An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated Mr. Hardm~n, of Jackson, Chairman.

MoNDAY, JuLY 25, HHO.

721

After a consideration of the bill the Committee arose and through its Chairman repQrted the same back with the recommendation that it do not pass.
On motion of Mr. Hall, of Bibb, the bill was tabled.

By Mr. Tarver, of -Whitfield-
A resolution providing for an appropriation of $2,500 to erect a monument to Gen. Joseph E. Johnston.
An appropriation being involved the Speaker rewlved the House into the Committee of the whole and designated as Chairman, Mr. Lovejoy, of Troup.
After a consideration of the resolution the Committee arose and through its Chairman reported the the same back with the recommendation that it do pass _by substitute.
The substitute proposed by the Committee was agreed to.
The favorable report of the Committee by substitute was agreed to.
On the passage of the bill the ayes and nays were ordered and the vote was as follows :

... -----

722

JouRNAL oF THE HousE.

Those voting in the affirmative were Messrs.:

Alexander of D"i'":otlb Fullbright

Alexander of Fulton Garlington

Allen

Gillis

Alley

Godley

Anderson of Bullock Graddick

Anderson of Chatham Griffin of Sumter

Armistead

Guyton

Atherton

Hall

Atkinson

Hardeman of Jeffs'n

AuU

Hardman of Jatkson

Barksdale

Harrington

Bailey Bakel

Harvey Hatfield

Barrett

Helms

Booke:r Brown of Carroll Brown of Fulton Brown of Murray Burch Butt' Calbeck Childs Converse Cooke Cordell co,.,an Cu1berson Cureton Daniel Davis Edwards Ellison

llenderson of Irwin Hullender Huie Johnson of Bartow Joiner Jones of Meriwether Jones of Mitchell Kendrick Kennedy Kicklighter Kirby Lewi1 Littleton Lovejoy Martin Meadows of Telfair l\feadows of Toombs ~Iiller of Ware

English

Mooro

Evans

Mos1

Faircloth

Macintyre

Field of DeKalb

McCarthy

Ford

'McCrory

McCurry McElreath McMahan 1\IcMichael of Butts lfcWhortet Oliver Parker of Talbot Paulk Persona Pickett Pierce Popo ]'orte:t Proctor Reddini Reid of Macon Roberts Rogers Rosse:t Sheppard Shirley Slade Smith of Tattnall Smith of Walton Stovall Tarver Turnipseed Upshaw Vinson Waddell Wasden \Vatkina
"~hiteley
Wight of Grady William! Wohlwender 'Wright of Floyd

Those voting in the negative were Messrs.:

Beach~~om
Bell

Berry

Brown of Henry

Brinson of Decatur Carter

Mol\TDAY, JuLY 25, 1910.

723

Chandler Couch Drawdy l<'ields of Crisp Gastley Keith

Kidd MacFarland McCutchen Parker of Decatur Reese Reid o~ Campbell

Stubbs of Putnam Stubbs of Thomas Tracey 'IV alter:! Wood Woodlifl

Those not voting were Messrs. :

Adams Bagley Boyd Brin~on of Emanuel Buxton Cannon Carswell Dickson Edmondson Elder Ellis Fender Griffin of Twiggs Heard Henderson of Turner Hendricks Hill

Holder of Floyd Holtzclaw Howell Hubbard Johnson of Jeff Davis Johnson of Towns Jones of Laurens Kelley Lawrence Lord Middlebrooks Miller of Calhoun Milikin Mintet Mitchell McArthur McConnell

::\fcMichael of Marion Peacock Prioo Reaves Rentz Simmons Simpson !;mith of Gilmer Strong
'fippin~
'fuggle Turner White of Screven Wright of Stewart Mt. Speaker

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 111, nays, 24.
The bill having received the requisite Con.stitutional majority was passed by substitute.

By Mr. McMichael, 'of Butts-
A resolution to authorize the Governor to employ the money arising from the rental of Indian

724

JOURNAL oF THE HousE.

Spring to pay the keeper of the public comfort building.

An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated as Chairman, Mr. Cureton, of Dade.

After a consid~ration of the resolution the Committee arose and reported the same back with the recommendation that it do pass.

The report of the Committee was agreed to.

On the passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of-Fulton Cowan

Allen

Culberson

Alley

Cureton

Anderson of Chatham Davis

Armistead

Drawdy

Atherton

Edwards

Atkinson

F:llison

Ault

English

Bakel

Evans

Barrett

Faircloth

Bell

Field of DeKalb

Booker

Fields of Crisp

Brown of Carroll Brown of Henry Brown of Murray Burch

Ford Fullbright Garlington Gillis

Butt

Grad dick

Carter

Gtiffin of Sumter

Chandler

Guyton

Childs

Hall

Hardeman of Jeffs 'n }I :rdman of Jackson Harrington Harvey Hatfield Helms Henderson of Irwin II ill Holtzclaw Hullender Huie Jones of Meriwether Jones of Mitchell Kendrick Kennedy Lewi1 Littleton Lovejoy Martin Meadows of Telfair

MoNDAY, JuLY 25, 1910.

725

Meadows of Toombs Miller of Ware Moore
1\ios~
MacFarland Macintyre McCarthy McCrory McCurry McCutchen McElreath McMahan MeMichael of Butts
M~cWhorter

Olivet l'aulk Pickett Pierce Proctor Redding Reeso Ueid of Campbell Rosset Sheppard Shirley Slade :'imith of Gilmer ~mith of Tattnall

Smith of Walton 'l1arv:et Tracey Tuggle l 1pshaw Vinson Walten Wasden Watkinl ~White of Screven 'Yight of Grady Williaml Wohlwender Wood

Those voting in the negative were Messrs.:

Alexander of DeKalb Berry Cooke Couch Daniel

Gastley Kirby Parker of Decatur Parker of Talbot Portet

Stubbs of Putnam Stubbs of Thomas Turnipseed ''"hiteley

Those not voting were Messrs. :

Adams Anderson of Bullock Barksdale Bagley Bailey Beacham Boyd Brinson of Decatur Brinson of Emar:uel Brown of Fulton Buxton Cal beck Cannon Carswell Converse Cordell Dickson

Edmondson

Keith

Elder

Kelley

Ellis

Kicklighter

Fender

Kidd

Godley

Lawrence

Griffin of Twiggs

Lord

Heard

Middlebrooli9

Henderson of Turner Miller of Calhoun

Hendricks

Milikin

Holder of Floyd

Mintet

Howell

Mitchell

Hubbard

McArthur

Johnson of Bartow McConnell

Johnson of Jeff Davis :McMichael of Marion

Johnson of Towns

P~acock

Joiner

l'Prson~

.Tones of Laurens

Fop a

726

JOURNAL OF THE HousE.

Price Reaves Reid of Macon &ntz Robertl Rogers

Simmons Simpson Stovall Strong 'l'ippins Turner

Waddell \Voodlifl Wright of Floyd Wright of Stewart Mt. 8peaket

By unanimous consent the verification of the roll ca1l was dispensed with.

On the passage. of the resolution the ayes were 102, nays, 14.

The resolution having received the requisite Constitutional majority was passed.

The Speaker then announced the House adjourned until 9:30 o'clock tomorrow morning.

TUESDAY, JULY 26, 1910.

727

ATLANTA, GEORGIA,

TuEsDAY, JuLY 26, 1910.

The House met pursuant to adjournment at 9 :30 o'clock a. m. this day; was called to or~er by the Speaker and opened with prayer by the Chaplain.

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

Adams

Burch

Alexande.r of DeKalb Butt

Alexander of Fulton Buxton

Allen

CallJeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carte.-

Armistead

Chandler

Atherton

Childs

Atkinson

Convel'So

Auli

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

F..dmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Brown of Murray :Evans

Faircloth Pender Field of DeKalb Fields of Crisp Ford Fullbright Garlii!gton G:.stley Gillis Godley Graddick (lliffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jelfs'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill :Holder of Floyd

728

JouRNAL m' THE Homm.

l:oltzclaw

:MacFarland

t\heppard

Howell

Macintyre

Shirley

Hubbard

:McArthur

Simmon~

Hullender

McCarthy

t\impson

Huie

l\fcConnel!

Slado

Johnson of Bartow McCrory

Smith of Gilmer

Johnson of Jeff Davis McCurry

Rmith of Tattnall

Johnson of Towns McCutchen

Smith of Walton

Joiner

McElreath

Stovall

Jones of Laurens

McMahan

Strong

Jl;nes of Meriwether l\IcMichael of .Butts Stubbs of Putnam

Jones of Mitchell

McMichael of Marion Stubbs of Thomas

Keith

McWhorter

'l'arver

Kelley

Olive:

Tippins

Kendrick

Parker of Decatur Tracey

Fennedy

Parker of Talbot

Tuggle

Kicklighter

Paull\

'l'urner

Kidd

Peacock

Turnipseed

Kirby

Persona

Upshaw

Lawrence

Pickett

Vinwn

Lewis

Pierce

\\"addell

Littleton

l'op()

\i'alters

Lord

Porte:

Wasden

Lovejoy

Price

\\o'atkin1

Martin

Proctor

white of Screven

Meadows of Telfair J:caves

Whiteley

Meadows of Toombs Hedding

Wight of Grady

Middlebrooks

Reese

William1

Miller of Calhoun

Reid of Campbell

Wohlwendet

Miller of Ware

Reid of Macon

Wood

Milikin

Rent:<~

Woodliil

Mitchell

Roberts

Wright of Floyd

l\:ioore

Roger~

W'rigbt Qf Stewart

JVos1

Rosse:

M:. Speaker

Mr. Minter was absent.

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

TuESDAY, .JuLY 26, 1910.

729

Mr. Lewis, of Hancock, gave notice that at the proper time he would move to re-consider the action of the House in passing House Bill No. ~19.
By unanimous consent the following bills were read the first time, to-wit :

By Messrs. Alexander and Field, of DeKalb-A bill to incorporate the town of East End. Referred to Committee on Corporations.

By Mr. Miller, of Calhoun-
A bill to repeal an Act to increase the number of Commissioners of Roads and Revenues for Calhoun County.
Referred to Committee on Special Judiciary.

By Mr. Griffin, of Sumter-
A bill to regulate the width of tires on wagons and other vehicles run over the public roads of this State.
Referred to Committee on General Agriculture.

By Mr. Carswell, of WilkinsonA bill to incorporate the town of Mcintyre. Referred to Committee on Corporations.

730

JouRNAL oF THE HousE.

By Mr. Miller, of Calhoun-
A bill to amend an Act to create the City Court of Calhoun County.
Referred to Committee on Special Judiciary.
By unanimous consent House Bill No. 74 was taken from the table and placed on the Calendar.
The following bill was also read the first time by unanimous consent, to-wit:
By Mr. Meadows, of Telfair-
A bill to amend an Ad to create the City Court of McRae.
Referred to Committee on Special Judiciary.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

By Mr. Chandler, of Franklin-
A bill to amend Section 220 of the Code, so as to exempt persons from the provisions of said Section when it becomes necessary to go upon the lands of another in counties where a local drainage law is inoperation.
The favorable report of the Committee was agreed to.

TuESDAY, JuLY 26, 1910.

731

On the passage of the biH the ayes were 99 ; nays, 1.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent House Bill No. 27 was taken from the table and placed upon the Calendar.

By Mr. Alley, of White-
A bill to prescribe in what instances bills of indictments and presentments may be drawn by Solicitors-General.
The following amendment was adopted:
To amend by adding the word ''or'' nt the end of Paragraph ,1, Section 1.
Also,
To amend by inserting between words ''foreman''. and "of" in Paragraph 2, Section 1, the words "or any member.''
Also,
To amend by adding at end of Paragraph 2, the word ''or.''
The report of the Committee which was favorable to the passage of the bill as amended was agreed to.

73:2

JouRNAL OF THE HousE.

On the passage of the bill the ayes were 84; nays, 31.
The bill having failed to receive the requisite Constitutional majority was lost.

By Mr. Reid, of Campbell-
A bill to amend Section 194, Volume 3, of the Code of 1895, relative to punishment of the offense of larceny after trust.
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 unanimous consent the following Senate Bill was read the third time and put upon its passage, towit:

By Mr. Price, of 27th District-
A bill to amend Section 420 of the Code, relative to running of freight trains on Sunday, etc.
On motion of Mr. Lewis, of Hancock, the above bill was tabled.

TUESDAY, JULY 26, 1910.

733

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

Mr. Speaket:
1'he Senate has passed by a requisite Constitutional majority the following bills of the House, towit:
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues of Butts county.
A bill to amend Section 982, Volume 1, of the Code, so as to add Gordon, in Wilkinson county, to the list of State depositories.
A bill to incorporate the town of Ila, in the county of Madison.
A bill to incorporate the town of Lilburn, in the county of Gwinnett.
The Senate has passed by substitute, by a requisite Constitutional majority, the following bill of the House, to-wit:
A bill to creat~ the office of Commissioner of Roads and Revenues in the county of Butts.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

734

JouRNAL oF THE HousE.

By Mr. Hall, of Bibb-
A bitl to amend nn Act to amend Section 2388 of the Civil. Code, so as to construe certain words.
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.
On motion of Mr. Lewis, of Hancock, the House re-considered its action in passing on yesterday House Bill No. 919.
The following special orders were read the third time and put upon their passage, to-wit:

By Mr. Jackson, of 21st District-
A resolution proposing to ratify an amendment to the Constitution of the United States, relative to an income tax.
Mr. Vinson, of Baldwin, proposed a substitute which was lost.
On the adoption of the resolution the ayes and nays were ordered and the vote was as follows:

TUF:SDAY, .JULY 26, 1910.

735

Those voting in the affirmative were Messrs.:

Adams Alexander of DeKalb Alexander of Fulton Alley Anderson of Bullock Armistead Atherton Atkinson AuH Bailey Bake: Barrett Bell Berry Booker Brinson of Emanuel Brown of Carroll BNwn of Henry Brown of Murray Butt Buxton Carswell Carter Chandler Childs Converse Cooke Cordell Cowan Culberson Cureton Dicks(}n Drawdy Edwards. Elder Ellison English Evans Faircloth l!'ield of DeKalb

Fields of Crisp l''ord Gastley Gillis Godley G1addick Griffin of Su~1ter Griffin of Twiggs G!lyton Hall Hardeman of J eft's 'n Iiardman of Jackson Harrington Hatfield Helms Henderson of Turner Hendricks Hill Holder of Floyd Howell Hullender Huie Johnson of Bartow Joiner Jones of Laurens .Jones of Meriwether .Jones of Mitchell Keith Kendrick J\ennedy Kidd Kirhy Lewi.1 Lord Lovejoy Martin Meadows of Telfair Meadows of 'foombs Middlebrooks Miller of Calhoun

Mille1' of Ware Milikin Mitchell Mooro Macintyre McCarthy McConnell 1l.{c0rory McCurry McCutchen
M~ahan
McMichael of Butts McWhorter Olive: Parker of Decatur Pcrsons Pickett Porte::PriC{J Proctor r..edding Reid of Campbell Rentll Hogers Sheppard Shirley Simpson Slade Smith of Tattnall Stovall Strong 8-tubbs of Thomas 'l'arve:
Tippin~
Tracey 'furner Turnipseed Fpshaw Vinson Waddell

736

JouRNAL oF THE HousE.

~\\" alten Watkins "'hite of Screven

~\Y'hiteley
Wight of Grady

w oocl
\V1oodli:U Wright of Ployd

Those voting in the negative were Messrs.:

Anderson of Chatham Henderson of Irwin

Beacham

Holt?claw

Burch

Hubbard

Calbeck

Johnson of Towns

Couch

Kelley

Daniel

Lawrenc<1

Davis

Mos1

Ellis

McArthur

Pnllbright

McElreath

Harvey

Parker of Talbot

Heard

l'ierco

Popo Reese
Robert~
Rosser
Simmon~
Smith of Gilme.r Smith of Walton Stubbs of Putnam 'l'ugglo Wohlwender

Those not voting were Messrs. :

Allen Barksdale Bagley Boyd Brinson of Decatur Brown of Fulton Gann{)n Edmondson

Pender

I'aullt

(iarliugton

Peacock

.Johnson of Jeff Davis Reaves

Kicklight~r

Heid of Macon

Littleton

Wasden

Mintet

Wright of Stewart

i'lfacFarland

Mr. Speaker

McMichael of Marion

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

On the adoption of the resolution the ayes were 129; nays, 32.

The resolution having received the requisite Constitutional majority was passed.

TuESDA~, JuLY 26, 1910.

737

The following resolution was read and lost:

By Mr. J olmson, of Bartow-
A resolution to set aside the appropriation meas-
ures now fixed as special orders.
M;r. 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 regulate. the application for marriag~
license.
A bill to provide fot rotation of Judges of Superior Courts of this State.
A bill to take Bulloch county from the Middle Judicial Circuit and annex same to Atlantic Judicial Circuit.
Also the following bill of the House with the recommendation that same do pass by substitute as amended:

h-24

ns

JouRNAL oF THE HousE.

A bill to create a new Judicial Circuit to be known us the Toombs Circuit.
Also the following bills of the House with the recommendation that same do not pass, to-wit:
A bill to permit special presentments and indictments to be amended.
A bill to prevent exorbitant attorneys fees.
A biH to amend Act to amend Secti'on 388, Code 1895, so as to make a competent witness in certain cases.
A bill to change method of electing Judges of the Supreme Court and Court of Appeals.
A bill to require Supreme Court and Court of Appeals to consider all questions presented in bill of exceptions.
A bill to amend registration laws of this State.
A bill to amend primary election laws of this State.
Respectfully submitted,
Jos. H. HALL, Chairman.

Mr. Butt, Chairman of the Corporations Committee, submitted the following report:

'l'UE8DAY, ;JULY 2(), HHO.

739

.Mr. Speaker:
Your Corporations Committee has bad under consideration the foHowing House and Senate Bills and instruct me as their Chairma~ to report the same back to the House with the following recommenda.tions:
House Bill No. 998.-To create new charter for Baconton. Do pass.
House Bill No. 1,000.-To amend the charter of Grantville. Do pass.
House Bill No. 1,004.-To amend charter of Kite. Do pass.
House Bill No. 1,006.-To provide for the- payment, by counties having population not less than 124,890, of actual costs incurred in Superior Courts and City Co-qrts for the trial and conviction of misdemeanor. convicts worked by said counties. Do pass.
House Bill No. 1,012.-To amend Act incorp0rating city of Commerce. Do pass.
House Bill No. 1,014.-'l'o amend charter town of Kingston. Do pass.
Senate Bill No. 223.-To incorporate town of Alston. Do pass.

740

JounNAL oF THE Hou~E.

Senate Bill No. 247.-'L'o amend the charter of Dalton. Do pass..
House Bill No. 155.-To amend Act incorporating town of Hapeville, F~lton county. Do pass.
BuTT, Chairman.

The next special orders for a third reading were as follows, to-wit:
By Mr. Yinson, of Baldwin-
A bill to appropriate money for the support and maintenance of the State Sanitarium for years 1910 and 1911.
An appropriation being involved the Speaker resolved the House into the Committee of the Whole and designated as Chairman Mr. McCrory, of Schley.
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 :

TuESDAY, JuLY 26, 1910.

741

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Pender

Alexander of Fulton Pield of DeKalb

Alley

Pields of Crisp

Anderson of Bullock J:'ord

Anderson of Chatham Fullbright

Armistead

Garlington

Atherton

Gastley

Atkinson

Gillis

Ault

Godley

Barksdale

G~addick

Baket

Griffin of Sumter

Beacham

Griffin of Twiggs

Bell Booker

Guyton Hardman of Jackson

Boyd Brinson of Emanuel Brown of Carroll Brown of Fulton Brown of Henry Brown of Murmy Burch Butt Buxton Cannon Carswell Childs Converse Cooke Couch Cowan Culberson Daniel Davis

Harrington Harvey Hatfield Heard Henderson of Irwin Henderson of Turner Hendricks Hill Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Joiner Jones of Laurens Jones of Meriwether Kt>ith Kendrick

Dickson

Kennedy

Edwards

Kirby

Elder

Lawrence

Ellis

Lewh

English

Littleton

Evans

Lord

Faircloth

Martin

Meadows of Telfair Middlebrooks Miller of Calhoun Milikin Moore Mos:l MacFarland Macintyre McArthur McCarthy McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McWhorter Olivet Paulk Pt>rsons Pierce Portet Proctor Redding Reese Reid of Campbell Reid of Macon R.entz E;heppard Shirley Simmons Simpson Slade Smith of Walton Strong Stubbs of Putnam Stubbs of Thomas Tarver Tippins Tracey

74~

JouRNAl, oi<' THE HousE.

'l'ngglo Turner Turnipseed Upsltaw

Vinson Watkins Whiteley Wight of Grady

\Yilliann Wohlwenil.:r Wood Woodliff

Those voting in the negative were Messrs.:

Adams BE.>rry . Brinson of Decatur Calbeck Carter Chandler Cordell Cureton Drawdy

~[all
Helms Johnson of Towns Jones of Mitchell
K~lley
Kidd Lovejoy Meadows of Toombs Miller of Ware

McConnell I'ark~r of Decatur Parker of Talbot Pickett Price Roberts Rogers Stovall Walters

Those not voting were Messrs. :

Allen

Kicklighter

Smith of rattnall

Bagley

Mintet

Waddell

Bailey

Mitchell

Wasden

Barrett

::\fcMichael of Marion White of Screven

Edmondson

Peacock

Wright of Floyd

Ellison

l'opo

\Yright of Stewart

Hardeman of Jeffs'n Reaves

Mr. Speaker

. Holder of Floyd

Rosser

Johnson of Jeff Davis ~mith of Gilmer

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

On the passage of the bill the ayes were 132; nays, 27.

The bill having received the requisite Constitutional majority was passed.

TuESDAY, JuLY 26, 1910.

743

On motion of Mr. Tarver, of Whitfield, the sessio"n

I



of the House was extended for 10 minutes for the

purpose of reading House Bills favorably reported

a second time and reading reports of standing com-

mittees.

By Mr. Vinson, of Baldwin-

A bill to .appropriate $15,000 for the construction of a reservoir for the State Sanitarium.

An appropriation being involved the Speaker re. l'wlved the House into the Committee of the Whole, and designated as Chairman Mr. Edwards, -vf Walton.
After a consideration of the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do not pass.

The previous question was called and the main question ordered.
On agreeing to the report of the Committee the ayes and nays were ordered on motion of Mr. Ellis, of Bibb, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Armistead

Alexander of DeKalb Atherton

Alley

Atkinson

Anderson of Chatham Ault

Bailey Barrett Beacha111 Bell

744

JouRNAL OF THE HousE.

Berry Brinson of Decatur Brinson of Emanuel Calbeck Cannon Carter Chandler Childs Converse Cordell Couch Cowan Cureton Daniel Davis Drawdy Elder Ellison }'aircloth Fender Field of DeKalb Ford Fullbright Gastley Gillis Graddick Oriffin of Sumter
Hall Hardeman of Jeffs 'n

Hardman of .lackson Harrington Hatfield Heard Helms Henderson of Turner Howell Hubbard Hullender Huie Johnson of Bartow J.ohnson of Towns Joiner Jones of Laurens Jones of Mitchell Kelley Kendrick Kicklighhr Kidd Kirby Lord Martin M-eatlows of Telfair Meadows of Toombs Miller of Ware Milikin Moore McArthur
McConnell

McWhorter Parker of Decatur Parker of Talbot Persons Pickett Prioo Redding Reid of Campbell Reid of Macou Rentz &gen Rosser Shirley Simpson Smith of Gilmer Stovall Strong Stubbs of Putnam 'fippins Tracey Turnipseed lTpshaw Waddell Walters White of Screven Whiteley Wight of Grady Wooi!

Those voting in the negative were Messrs.:

Alexander of Fulton Anderson of Bullock Barksdale Baker Booker Boyd Brown of Carroll Brown of Henry Brown of Murray Burch

Butt Buxton Carswell Cooke Culberson Dickson Edwards Ellis English Evans

Fields of Crisp Garlington Godley Griffin of Twiggs Guyton Harvey 'Henderson of Irwin Hill Jones of Meriwether l(dth

TuESDAY, JuLY 26, 1910.

745

Kennedy Lewis Littleton Lovejoy . Middlebrooks
Mos~
Macintyre McCarthy McCrory McCurry McCutchen

McElreath McMahan :McMichael of ;Butts Oliver Pierce Portet Proctor Reese Simmons Slade Smith of Tatnall

Smith of Walton Stubbs of Thomas Tarver Tuggle Turner Vinson Watkins William9 \Yohlwender Woodlifl Wright of Floyd

Those not voting were Messrs. :

Allen

Lawrence

.Pope

Bagley

Miller of Calhoun Reaves

Brown of Fulton

Minter

Roberts

Edmondson

Mitchell

Sheppard

Hendricks

MacFarland

Wasden

Holder of Floyd

McMichael of Marion Wright of Stewart

Holtzclaw

Paulk

M:l'. Speaker

Johnson of Jeff Davis Peacock

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

On agreeing to the unfavorable report of the Committee the ayes were 98; nays, 62.

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

On motion of Mr. Anderson, of Chatham, House Bills Nos. 702, 703, 705, were tabled.

The next special order for a third reading was as follows:

746

JouRNAL oF THE HousE.

By Mr. Boyd, of Spalding-
A bill to l:J.ppropriate $10,000 to the Georgia Experiment Station to enlarge its influence.
On motion of Mr. Anderson, of Chatham, the above bill was tabled.

By Messrs. McElreath, Brown and Alexander-
A bill to appropriate $500 to re-imburse the Freundschaft-bund for locker tax.
On motion of Mr. Anderson, of Chatham, the above bill was tabled.

By Mr. Baker, of Lumpkin, et al-.
A bill to appropriate $15,000 for the purpose of
building a new college building on the campus of the North Georgia Agricultural College.
l\fr. Baker submitted a substitute which eliminated the appropriation whieh was adopted.
The favorable report of the Committee was agreed t() by substitute.
On the passage of the bill the ayes were 98; nays, 14.
The bill having received the requisite Constitutional majority was passed by substitute.

TUESDAY, JULY 26, 1910.

747

On motion of Mr. Baker, of Lumpkin, the bill just passed was ordered immediately transmitted to the Senate.
The following bills were read the first time, towit:

By Mr. Hall, of Bibb-
A bill to amend the charter of Macon.
Referred to Committee on Corporations.

By Mr. Tippins, of Appling-
A bill to amend Section 4312, Volume 2, of the code.
Referred to Committee on General Judiciary.
By Messrs. Pierce, Littleton and Garlington-
A bill to provide for disposition of fines and forfeitures arising in 'Richmond county.
Referred to Committee on Special Judiciary.

By Mr. Fields, of Crisp-
A bill to repeal an Act to create the City Court of
Cordele.
Referred to Committee on Special Judiciary.

748

JouRNAL oF THE HousE.

By Mr. Fields, of Crisp-
A bill to amend an Act to create the City Court of Cordele.
Referred to Committee on Special Judiciary.

Mr. McMichael, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education instructs me to report House Bill No. 973 do pass.
E. H. MoMICHAEL, Chairman.

Mr. Hardman, Chairman of the Committee on Temperance, submitted the following report:

;.l/t. 8 peaker :
Your Committee on Temperance has had under consideration Senate Bill No. 207, and instructs me as their Chairman, to report same back to the House with a recommendation that it do pass.
Most respectfully submitted,
L. G. HARDMAN, Chairman.

TeESDAY, JuLY 26, 1910.

749

The following bills were read the second time, towit:

By Messrs. Barksdale and Booker, of WilkesA bill to create a new Judicial Circuit, etc.

By Mr. Pickett, of Terrell-
A bill to provide for the rotation of Judges of the Superior Courts.
By Mr. Jones, of Mitchell-
A bill to create a new charter for the town of Baconton.

By Messrs. Kirby and Couch, of CowetaA bill to amend the charter of Grantville.

By Mr. Faircloth, of .JohnsonA bill to amend the charter of the town of Kite.

By Messrs. Kirby and Couch, of Coweta county-
A bill to provide for the payment of costs incurred in misdemeanor cases in certain counties.

750

JouRNAL oF THE HousE.

By Mr. Anderson, of Bullock-
A bill to detach Bullock from the Middle Judicial Circuit.

By Mr. Hardman, of Jackson-
A bill to amend an Act to incorporate the city of Commerce.

By Mr. Johnson, of Bartow-
A hill to amend the charter of the town of Kingston.

By Mr. Henderson, of Irwin-
A bill to amend an Act to create a system of publi<> schools for Ocilla.
The following Senate Bills were read the second time, to-wit:

By Mr. Pitts, of 42rd Distrid-
A bill to amend the several Acts to incorporate 'JHl <>ity of Dalton.

By :\Jr. Calhoun, of 15th DistrictA bill to incorporate the town of Alston.

rfUESDAY, JULY 26, 1910.

7GI

By Mr. Day, of 41st District-
A bill to prohibit drinking intoxicating liquors on passenger trains.
Leave of absence was gran_ted-
MR. ATHERTON, of Pickens-business.
MR. BELL, of Cherokee-business.
The Speaker then announced the House adjourneu until 3 o'clock this afternoon.

3 O'cLOCK P. M.
The House re-convened at 3 o'clock p. m. this afternoon, and was called to order by the Speaker.

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

'Adams

Bake!

Alexander of DeKalb Parrett

Alexander of Fulton Beacham

Allen

Bell

Alley

Berry

Ander8on of Bullock Booker

Anderson of Chatham Boyd

Armistead

Brinson of Decatur

Atherton

Brinson of Emanuel

Atkinso11
Ani~

Brown of Carroll Brown of Fulton

Barksdale

Brown of Henry

Bagley

Brown of Murmy

Bailey

Burch

Butt Buxton t'albeek C'anno!l. Carswell CartN \ <'handler Childs Converse C'ooko Cordell
Couch Cowan Culberson

752

JoURNAl, 01!' THE liOU!;E.

( 'ureton Daniel Davis Dickson Drawdy Edmondson Jo;dwards Elder Ellis Ellison English Evans Faircloth Fender Ji'ield of DeKalb Pields of Crisp Ford l'ullbright (;arlington Gastley Gillis Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of .Jeffs 'n Hardman of Jaekson Harrington Harvey Hatfield Heard Helms Henderson of Jrwin Henderson of Turner Hendricks Hill !'older of Floyd Holtzclaw Howell Hubbard Hullender

Huie

Olivet

Johnson of Bartow Parker of Decatur

Johnson of J"eff Davis Parker of Talbot

Johnson of Towns Paulk

Joiner

Peacock

.Tones of Laurens

Persons

,lones of Meriwether Pierce

Jones of' Mitchell

Popo

Keith

f'orJ:e:

Kelley

PriM

Kendrick

Proctor

Kennedy

Reaves

Kicklighter

Redding

Kidd

Reese

l\.irby

Reid of Campbell

Lawrenca

Reid of Macon

Littleton

Rentll

Lewi1

Roberti

Lord

Rogers

Lovejoy

Rosse!

Martin

Sheppard

Meadows of Telfair Shirley

Meadows of Toombs Simmon~

Middlebrooks

Simpson

Miller of Calhoun

SladJ

:Miller of Ware

Smith of Gilmer

Milikin

Smlith of Tattnall

Mitchell

Smith of Walton

1\;ooro

Stovall

Mos1

Strong

!lfacParland

Stubbs of Putnam

Macintyre

Stubbs of Thomas

~icArthm

'farv.e-:

Mc<'art.hy

'l'ippins

Mc('onnell

'l'racey

l\icCrory

rugglo

1\J:cCurry

rurner

McCutchen

'l'urnipseed

McElreath

lipsha.w

McMahan

Vinson

lllcMichael of Butts waddell

McMichael of Marion Walters

McWhorter

Wasden

'ruE8DAY, JULY 26, 1910.

753

Watkin1 White of Scre,cn Whiteley Wight of Grady

William I Wohlwendcr \Vood W!oodliJI

Mr. Minter was absent.

Wright of Floyd \\'lright of Stewart :M~. dpeako)t

By unanimou~ consent Senate Bill No. 12 was taken from the table and placed on the Calendar.

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

By Mr. Allen, of Upson-
A resolution thanking Hon. Julian B. McCurry for peaches.
'The following resolution was read, to-wit:

By Mr. Field, of DeKal}}- .
A resolution to make House Bill 839 a special order.
Referred to Committee on Rules.
1\:fr. Stubbs, Chairman of the Enrollment Committee, submitted the following report:

Mr. Speaker:
The Committee on Enrollment have examined and

754

JOURNAL m' THE Hou~E.

find correct, duly signed. and ready for delivery to the Governor the following Act, to-wit:
An Act to incorporate the town of Lilburn. Respectfully submitted, STUBBS, Chairman.

'l'he following special orders were taken up for a third reading, to-wit:

By Mr. Jones, of Meriwether-
~A bill to amend the appropriation Act so as to pro~ vide for a salary for the State Bank examiner.
An appropriation being involved the Speaker resolved the House into the Committee of the Whole, and designated as Chairman Mr. McCurry, of Hart.
After a consideration of the hill the Committe~ 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:

TuESDAY, JuLY 26, 1910.

755

Those voting in the affirmative were Messrs.:

Adams

Fullbright

Alexander of DeKalb Garlington

Alexander of Fulton Gastley

Allen

Gillis

Alley

Godley

Anderson of Chatham G~iffin of Sumter

Armistead

Guyton

Atherton

Hall

Atkinson

Hardeman of Jeffs'n

Aulc

Hardman of Jackson

Barksdale

Harrington

Bagley Baker Barrett

Harvey Hatfield Heard

Beaeham

Henderson of Irwin

Bell Berry Booker Brinson of Emanuel

Henderson of Turner Hill Holder of Floyd Holtzclaw

Brown of Murray Butt Buxton

Howell Hubbard Hullender

Cal beck

Huie

Cannon

Johnson of Towns

Carswell

Joiner

Carter

.Tones of Laurens

Chandler

Kelley

Converse

Kennedy

Cooke

Kidd

Cordell

Kirby

Cowan

Lewi~

Culberson

Littleton

Dickson

Lord

Drawdy

Lovejoy

Edwards

hfeadows of 'l'elfair

Elder

Meadows of Toombs

F:Jlison

Middlebrooks

. English

Miller of Ware

}'ender

Moor<t

Field of DeKalb

Mos.J

Ford

:Mac(ntyre

McCarthy l\fcCQnnell McCrory McCurry McCutchen McElreath McMahan McMichael of Marion :McWhorter Olive: Parker of Decatur l'arker of Talbot Paulk Peacock I'opa Porte: Proctor Redding Reese Reid of Campbell
Robert~
Rogers Shirley
~;mmonfJ
Simpson Slade Smith of Gilmer Smith o:f Tattnall Smith of Walton Stovall SJrong Stubbs of Thomas 'l'arvet 'fippins TurnipsPed Fpshaw Vinson \\"add ell
Walter~
Wasden
Watkin~

756

JouRNAL OF THE HousE.

White of Screven Whiteley Wight of Grady

WilliamJ
\V'~hlwender

Wood
W~odlifl

Those not voting were Messrs. :

Anderson of Bullock Bailey Boyd Brinson of Decatur Brown of Carroll Brown of Fulton Brown of Henry Burch Childs Couch Cureton Daniel Davis Edmondson Ellis Evans Faircloth Fields of Crisp

Grad dick

McArthur

Griffin of Twiggs

:McMichael of Butts

Helms

Persons

Hendricks

Pickett

Johnson of Bartow Pierce

Johnson of Jeff Davis Prioo

Jones of Meriwether Reaves

Jones of Mitchell

Reid of M'acon

Keith

Rent::

Kendrick

Rosser

}\icklighter

Sheppard

Lawrence

Stubbs of Putnam

Martin

Tracey

Miller of Calhoun

Tuggle

Milikin

Turner

~finter

Wright of Floyd

Mitchell

Wtright of Stewart

MacFarland

M:. Speaker

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

On the passage of the bill the ayes were 129; nays, 0.

The bill having received the requisite Constitutional majority was passed.

By Mr. Henderson, of Irwin, and others-
A hill to appropriate $10,000 to the State Board of Entomology for experimental purposes.

TuESDAY, JuLY 26, 1910.

757

An appropriation being involved the Speaker resolved the House into the Committee of the Whole and designated as Chairman Mr. Porter, of Floyd.

After a consideration of the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do pass as amended.

The following amendments proposed by the Committee were adopted, to-wit:

To amend caption by striking '' 1910.''

To amend by striking "1910" in line 4, Section J.
The report of the Committee, which was favorable to the passage Of the bill as amended, was agreed to.

On the passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Bookel'

Alexander of Fulton Brinson of Emanuel

Allen

Brown of Caxroll

Anderson of Chatham Brown of Fulton

Armistead

Brown of Henry

Atherton

Brown of Murray

Atkinson

Butt

Ault

Buxton

Barksdale

Carswell

Bakel

Childs

Barrett

Converso

Beacham

Cooke

Cordell Conch Culberson Davis Dickson Drawdy Edwards Ellison Faircloth Field of r Kalb Fields of Crisp Ford

758

JouRNAL oF THE HousE.

Pull bright Garlington Gillis Graddick C:riffin of Sumter Guyton Hai:d.eman of .Jeffs 'n Jlurdman of .Jackson Harrington Harvey Hatfield Heard Helms "Henderson of Irwin Henderson of Turner Hendriclis Hill Holtzclaw Hubbard Ifuie .Johnson of Bartow .Joiner .Tones of Laurens .Tones of Meriwether l{endrick Kennedy Kidd Kirby Lawrence
Lewi~

Littleton

Hedding

Lord

Reese

Lovejoy

Rt'id of Campbell

Martin

Roberts

Meadows of Telfair Rogers

:Meadows of Toombs Slade

Middlebrooks

fo:mith of Gilmer

Miller of Calhoun Emith of Tattnall

Miller of W a.re

bmith of Walton

Milikin

Siovall

Moore

Stubbs of Thomas

:Mos~

'farver

Macintyre

'l'ippins

McCarthy

'l'racey

McCrory

'l'ugglo

McCurry

'l'urner

:McElreath

'l't!rni psced

McMahan

lipshaw

McMichael of :Marion Vinson

MeWhorter

\\"alters

Olive~

Wasden

Parker of Decatur Watkin a

Parker of Talbot

White of Screyen

Paulk

Whiteley

Peacock

Wight of Grady

Personf;

William!

Pierco

\'i ohlwendcr

Pope Porte;

Woo1l Woodlifl

Proctor

Those voting in the negative were Messrs.:

Adams Alley Berry Brinson of DPratnr Calbeek Carte-r ('handler

Cowan D:miel EldPr English Gastley Oodley Howell

.lohnson of Towns Kelley l'ricu Shirley \\" addell

TuESDAY, JuLY 26, 1910.

7~!J

rrhose not voting were Messrs. :

Anderson 'lf Bullock Bagley Bailey Bell Boyd Burch Cannon Cureton
}~dmondson
Ellis Evans Fender l'riffin of Twiggs Hall

Holder of Floyd

Heaves

Hullender

Reid of Macon

.Tohnson of .Teff Davis Rentz

Jones of Mitchell

Rosser

Keith

Sheppard

RicklightJr

Simmons

~fintet

Simpson

Mitchell

Strong

MacFarland

Stubbs of Putnam

McArthur

Wright of Floyd

McConnell

Wright of Stewart

McCutchen

~I:. Speaker

McMichael of Butts

Pickett

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

On the passage of the bill the ayes were 125; nays, 19.

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

The Speaker then announced the House adjourn~d until 9:30 o'clock to-morrow morning.

760

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,

WEDNESDAY, JULY, 27, 1910.

The House met pursuant to adjournment at 9 :30 o'clock a. m. this d'ay; was called to order by the Speaker, and opened with prayer by Dr. Persons.

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

Adams

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converso

Auli

Cooke ,

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Bake:

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Bo~ker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Brown of Murray EYans

Faircloth Ftnder Field of DeKalb Fields of Crisp Pord Pullbright Garlington Gastley Gillis Godley Graddick kiffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n I1 ardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks I Hill Holder of J~)Qyd

WEDNESDAY, JULY 27, 1910.

761

Holtzclaw

MacFarland

Sheppard

Howell

Macintyre

Shirley

Hubbard

:rt'icArthut

Simmon~

Hullender

McCarthy_

Simpson

Huie

McConnell

Slade

Johnson of Bartow McCrory

Smith of Gilmer

Johnson of Jeff Davis McCurry

SIIIJith of Tattnall

Johnson of Towns 1\fcCutchen

Smith of Walton

Joiner

McElreath

Stovall

Jones of Laurens

McMahan

Strong

.Tones of Meriwether :McMichael of Butts Stubbs of Putnam

Jones of Mitchell

McMichael of Marion Stubbs of Thomas

Keith

McWhorter

Tarvet

Kelley

Oliver

Tippins

Kendrick

Parker of Decatur 'l'racey

Kennedy

Parker of Talbot

Tuggle

Kicklighter

Paulk

'furner

Kidd

Peacock

Turnipseed

Kirby

Persons

Upshaw

Lawrence

Pickett

Vinson

Lewh

Pierco

-'Vaddell

Littleton

J'opa

Walters

Lord

Forte:

Wasden

Lovejoy

Prioo

Watkins

Martin

Proctor

'White of Screyen

Meadows of Telfair Heaves

w:hiteley

Meadows of Toombs Hedding

Wight of Grady

Middlebrooks

Reese

William I

Miller of Calhoun Reid of Campbell Wohlwende:

Miller of Ware

Reid of M'aeon

Woo<l

Milikin

Rent:;~

\\floodHfl

Mitchell

Roberts

Wright of Floyd

Mooro

Rogers

w.right of Stewart

Mosi

Rosser

M:. Spea~er

Mr. Minter was absent.

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

762

JOURNAL OF THE HousE.

By unammous consent the following resolution was read and adopted, to-wit:

By Mr. Lawrence, of Chatham-
A resolution, to authorize the State Librarian to furnish Georgia Reports to certain City Courts.
By unanimous ~onsent Mr. Turnipseed, of Clay, was allowed to withdraw House Bill No. 999.
By unanimous consent the following Senate Bill was read the third time and put upon its passage, to. wit:

By Mr. cCurry, of 31Rt District-

A bill to change the time of holding the Superior Court of Hart county.

The favorable report of the Committee was agreed

to.



On the passage of the hill the ayes were '27; 11ays, 0.

The bill having received the requisite Constitn" tional majority was passed.

By unanimous consent the following bill was read the third time and put upon its passage, to-wit:

-WEDNESDAY, JULY ~7, l~JlU.

/ti:l

By Mr. Culberson, of Lincoln-
A bill to amend Section 4147 of the Code of 1895, with reference to the compensation of jurors.
The favorable report of the Committee was agreed to.
On the passage o' f the bill the ayes were 85; nays, 23.
The bill having failed to receive the requisite Constitutional majority was lost.
The following bill was taken up by unanimous consent and put upon its passage, to-wit:

By Mr. Alexander, of DeKalb-
A bill to dispense with recording on Superior Court execution dockets of executions issuing from other courts, etc.
The substitut_e offered by Mr. Alexander, of DeKalb, was adopted.
The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 97; nays, 0.
The bill having received the requisite Constitutional majority was passed by substitute.

764

JouRNAL ot<' THE HousE.

By Mr. Fullbright, of Burke-
A bill to provide for the purchase of Georgia Reports, Volumes 35 to 65, from the Michie Company, of Charlottsville, Va.
The substitute prepared 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 105; nays, 0.
The bill having received the requisite Constitu. tional majority was passed by substitute.

By Mr. Johnson, of Bartow-
A bill to amend the charter of the town of Kingston.
The favorable r"eport 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 message was received from the Senate through Mr. Northen, Secretary thereof:

WEDNESDAY, JULY 27, 1910.

765

}ft-. Speaker:
The Senate has passed by the requisite Constitutional majority the following bill of the House, towit:
A bill to amend Section 5182 of the Code of Georgia, of 1895, by inserting the words "farmer, dairyman and planter" after the word blacksmith.
The following message was received from the S en-
ate 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 provide for State a!ld County Boards of Tax Returns, and for other purposes.
A bill to amend the Constitution of Georgia by making the salary of the State School Commissioner $3,000.00 per annum.
By unanimous consent the following bills were read the :first time, to-wit:

By Mr. Rogers, of RandolphA resolution to pay pension due A. H. Harrison. Referred to Committee on Pensions.

766

.JouRNAL oF THE HousE.

By Mr. Hatfield, of Coffee-

A hill to amend an Act to create a new charter for the town of Willacoochee.
Referred to Committee on Corporations.

By Mr. McCutchen, of Heard-

A bill to fix a salary for the Treasurer of Heard county.
Referred to Committee on Counties and County Matters.

By Mr. Butt, of Fannin, et nl-

A resolution inquiring of the Comptroller-General the facts in the case of the claim of S. M. Douthit.
Lie on table one day.

By Mr. Henderson, of Irwin-

A hill to create Board of County Commissioners for Irwin county.
Referred to Committee on Counties and County Matters.

WEDNESDAY, JuLY 27, 1910.

767

By Mr. Gastley, of Habersham-
A bill to amend all Acts to incorporate the town of Cornelia.
Referred to Committee on Corporations.

By Mr. Burch, ,of Laurens-
A bill to create a new charter for the city of Dublin.
Referred to Committee on Corporations.

By Mr. Huie, of Clayton-
A bill to amend the charter of the town of Riverdale.
Referred to Committee on Corporations.
Mr. Johnson, of Bartow, by unanimous consent was allowed to withdraw his notice of re-consideration on House Bill No. - - .
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 the following bills and

768

JOURNAL oF THE HousE.

have authorized me as its Chairman to report the same back to the House with the following recommendation:

House Bill No. 1,009.-Do not pass.

House Bill No. 97.-Do pass as amended.

House Bill No. 171.-Do not pass.

.July 27th, 1910.

PERSONs, 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 considered the following hills, make report, to-wit:
That,
Senate Bill No. 47.-To relieve sureties on bond. Do pass.
House Bill No. 935.-To require Telfair county officers to give surety bond. Do pass.
House Bill No. 995.-To amend Carroll County Commissioners. Do pass.

WEDNESDAY, JuLY 27, 1910.

76D

House Bill No. 1,011.-To fix salary of Murray county Treasurer. Do pass.
Respectfully submitted,
MAciNTYRE, Chairman.

Mr. Barrett, Chairman of the Committee on Penitentiary, submitted the following report:

llfr. 8 peaker:
Your Committee on Penitentiary has had under consideration House Bill No. 754, a bill to require the Prison Commission and Governor to give certain notices of the pendency of application for pardon, commutation of sentence and parole, and directs me as Chairman, to report the same with the recommendation that the same pass by substitute.
FERMOR BARRETT, Chairman.

Mr. Fullbright, Chairman Special Judici~ry Committee, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills, and instruct me to report them as follows:

770

JouRNAL OF THE HousE.

House Bill No. 975.-To abolish the City Court of Leesburg. Do pass.
House Bill No. 920.-To amend City Court of Savannah. Do pass as amended.
House Bill No. 6:22.-That author he allowed to withdraw in House.
House Bill No. 623.-To establish City Court of Cordele. Do not pass.
House Bill No. 1,0:27.-To abolish City Court of Cordele. Do pass.
House Bill No. 1,028.-To amend City Court of Cordele. Do not pass.
House Bill No. 976.-To establish City Court of Barnesville. Do pass.
House Bill No. 1,020.-To amend the Act to create City Court of Calhoun. Do pass.
House Bill No. 1;021.-To repeal Act to increase Board of Commissioners of Calhoun county. Do pass.
House Bill No. 1,023.-To amend City Court Ad. of McRae. Do pass.
House Bill No. 989.-To amend County f'om t Law. Do pass.

WEDNESDAY, ,Jui..Y 27, l!HO.

771

Senate Bill No. 206.-To provide for a drainage system in certain counties. Do pass.
J
Senate Bill No. 208.-Do pass by substitute.
Respectfully submitted,
FuLLBRIGHT, Chairman.

Mr. Allen, Chairman of the Committee on Public Library, submitted the following report:

Mr. Speaker:
Your Committee on Public Library had under consideration Senate RBsolution No. 26, and instruct me as their Chairman, to report same back to the House with recommendation same do pass, as amended.
Also, Senate Bill No. 70. Do not pass.
Also,
House Resolution No. 32. Do not pass.
Respectfully submitted, W. Y. ALLEN, Chairman.
Mr. Parker, Chairman of the Committee on Rail-
roads, submitted the following report:

772

J QURN AL OF THE Hous.~<,.

Mr. Speaker:
Your Committee on Railroads has bad under consideration Senate Bill No. 228, which they instruct me to report back to the House with the recommendation that it do pass.
Respectfully submitted,
W. M. PARKER, Chairman.

Mr. Hardman, of Jackson, Chairman of Committee on Temperance, submitted the following report:

Mr. Speaker:
Your Committee on Temperance have had under consideration the following bill of the House and instructed me as their Chairman, to report same back to the House with the recommendation that same do not pass, to-wit:
A bill to make it a misdemeanor to furnish tobacco to minors.
Mr. Willimm;, Chairman of the Committee on Special Agriculture, submitted the following report:

Mr. Speaker:



Your Committee on Special Agriculture beg leave

to submit the following :report:

WEDNESDAY, JULY 27, 1910.

773

House Bill No. 887 do not pass. WILLIAMs, Chairman.

On motion of Mr. Alley, of White, the House re-considered its action in refusing to pass House Bill No. 383, which was up for passage on July 26.
On motion of the author House Bill No. 820 was re-committed to the Special Judiciary Committee.
Mr. Culberson gave notice that at the proper time he would move to re-consider the action of the House in refusing to pass House Bill No. 800.
By unanimous consent the session was extended for the purpose of reading House and Senate Bills a first and second time.
By unani:r~wus consent the following bill was read the third time and put upon its passage, to-wit:

By Messrs. Faircloth, of Johnson, Lewis, of Hancock-
A_ bill to amend Section 574, Volume 1, of the Code 1895, relative to the alternative road law.
The following amendments were adopted:
To amend caption by inserting after the word '' 21'' the words and by striking the word '' 50c'' in said Section and inserting words '' $1.00.''

774

JouRNAL OF THE HousE.

To amend Section 1 by striking "50c" in last line and inserting '' $1.00.''

The favorable report of the Committee was agree<.! to as amended.

On the passage of the bill the ayes were 97 ;

nays, 23.

I

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

The following special orders were taken up, read the third time and put upon their passage, to-wit:

By Messrs. Hardman, of Jackson, Brown, of Fulton-
A bill to appropri~ite additional funds for the completion of State Sanitarium for treatment of tuberculosis.
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 hack with the recommendation that it do pass as amended.
The following Committee amendments were adopted.

WEDNESDAY, JuLY 27, 1910.

775

To amend by striking all of Section 2, and insert-

ing in lieu thereof the following: ''Section 2. Be it

further

enacted

that

the

sum

of

$20 ' 000

be '

and

the
.

same is hereby appropriated for the maintenance of

said Institution for the year 1911, and the Governor

is authorized and directed to draw his warrant for

same out of any funds not otherwise appropriated.''

Also,

To amend by adding another Section which shall be known as Section 3, and to read as follows: ''Section 3.. The Trustees of the above named Institution shall advertise for bids weekly in four issues of a daily paper in Atlanta, for the completion of the buildings, equipment and grounds of the Sanitarium for the treatment of tuberculosis, at Alto, Ga., and after receiving said bids, shall submit the same to the Governor of this State, together with the detailed plans and specifications of the buildings, equipments and grounds, for his approval or disapproval. Before the monies herein appropriated for the completion of said buildings, equipments and grounds shall be paid out, the Trustees and Architect shall submit to the Governor of this State, the progress of the work, and no amount shall be paid out until such report and approval is made by the Trustees and Architect and has been submitted to the G:overnor, who shall then draw his warrant for same.''

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

776

JouRNAL oF THE HousE.

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 Evans

Littleton

Alexander of Fulton Faircloth

Lord

Allen

Fender

Meadows of Telfair

Alley

}'ield of DeKalb

Meadows of Toombs

Anderson of Bullock Fields of Crisp

Middlebrooks

Anderson of Chatham Ford

Miller of Calhoun

Armistead

Garlington

Miller of Ware

Atherton

Gastley

Milikin

Atkinson

Gilli:<

Mitchell

Auli

Grad dick

Moor I!

Barksdale

Griffin of Sumter

Mos.t

Baker

Griffin of Twiggs

Macl"arland

Barrett

Guyton

Macintyre

Booker

Hall

McCarthy

Boyd

Hardeman of J eft's 'n McCrory

Brinson of Emanud Hardman of Jackson McCurry

Brown of Carroll

Harrington

McCutchen

Brown of Fulton

Hatfield

McElreath

Brown of Henry

Helms

McMahan

Burch

Henderson of Irwin McMichael of Butts

Butt

Henderson of Turner McMichael of Marion

Buxton

Hendricks

McWhorter

Calbeck

Holder of Floyd

Olive?

Gannon

Holtzclaw

Parker of Talbot

Carswell

Howell

Paulk

Carter

Hubbard

Peacock

Converse

Hullender

Persons

Cooke

Huie

Picket.t

Cordell

Johnson of Jeff Davis Pierco

Couch

Johnson of Towns Popo

Culberson

.Tones of Laurens

I'orte:

Davis

.Jones of- Meriwether Price

Dickson

J'ones of Mitchell

Redding

Drawdy

Kennedy

Reese

Edmondson

Kirby

Reid of Maeon

Edwards

Lawrence

Rogen

Elder

Lewi~

Shirley

WEDNESDAY, JULY 27, 1910.

777

Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs of Thomas
Tarve~

Tippins Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins

Wight of Grady William3 W10hlwendet Wood "\VoodlitZ Wright of Floyd

Those voting in the negative were Messrs.:

Adams Beacham Bell Be.rry Brinson of Decatur Chandler Childs Cureton Daniel

English Godley Heard .Johnson of Bartow Keith
~Hey
Kendrick Kicklighter Kidd

Martin McArthur McConnell Pa.rker of Decatur Proctor Reaves Reid of Campbell Rent:il Whiteley

Those not voting were Messrs. :

Bagley Bailey Brown of Murray Cowan Ellis Ellison Fullbright Harvey

Hill Joiner Lovejoy Minte: Hoberts Rosse: Sheppard Simmons

Simpson Stubbs of Putnam Tracey 'l'uggle 'J'urner White of Screven W'right of Stewart M.. Speaker

'l'he roll call was verified, and on counting the votes it was found that the ayes were 132; nays, 27.

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

The following resolutio.ns were read, to-wit:

778

JoURNAL oF THE HousE.

By Mr. Whiteley, of Glascock, et al-
A resolution to make House Bill No. 398 a special order.
Referred to Committee on Rules.

By Mr. Wohlwender, of Muscogee-
A resolution to make House Bill .No. 296 a special order.
Referred to Committee on Rules.
Mr. McCrory, of Schley, gave notice that at the proper time he would move to re-consider the action of the House in passing House Bill No. 794.
The next special order for third reading was as follows:

By Mr. Jones, of Meriweth~r-
A bill to appropriate money to supply deficiency in the Public Building Funds.
An appropriation being involved the Speaker re solved the House into the Qommittee of the Whole, and designated as Chairman Mr. Kidd, of Baker.
After a consideration of the bill the Committee arose and through its Chairman reported the same

WEDNESDAY, JuLY 27, 1910.

779

back with the recommendation that it do pass by substitute.

The substitut~ proposed by the Committee was adopted.

The report of the Committee was agreed to.

On the passage of the bill the ayes and nays were ordered and the vote was as follows:

'rhose. voting in the affirmative were Messrs.:

Adams

Carswell

Alexander of DeKalb Chandler

Alexander of Fulton Childs

Allen

Converse

Alley

Cooke

Anderson of Bullock Cordell

Anderson of Chatham Cnlbl'rson

Armistead

Cureton

Atherton

Daniel

Au!;

Davis

Barksdale

Dickson

Baker

Drawdy

Barrett

Edmondson

Beacham

:Edwards

Bell

Elder

Booker

English

Brinson of Decatur Evans

Brinson of Emanuel Faircloth

Brown of Carroll

Fender

Brown of Fulton

Field of DeKalb

Brown of Henry

Ford

Brown of Murray Fullbright

Burch

Garlington

Buxton

Gastley

Calbeck

Gillis

Cannon

Godley

Graddick Griffin of Twiggs Clnyton Hall Hardman of .Jackson Harrington Harvey Hatfield Heard Helms Henderson of Turner Ht>ndricks Hill Holder of Floyd Holtzclaw Howell Hubbard Hullender Huie Johnson of Bartow Johnson of Thwns Joiner Jones of Laurens ;iones of Meriwether Jones of Mitchell Keith

780

JOURNAL OF THE HousE.

Kelley Kendrick Kennedy K.idd Kirby Lewis Littleton Lord Martin Me.adows of Telfair Meadows of Toombs Middlebrooks Miller of Calhoun Miller of Ware Milikin Mitchell Moorlt MacFarland Macintyre McArthur McConnell McCrory

McCutchen McElreath McMahan McMichael of Butts McWhorter Olive! Parker of Talbot Popo Porter PriC8 Proctor Reaves Redding Reese Reid of Campbell Reid of M'acon Renta Rogers Shirley Simpson Slade Smith of Gilmer

Smith of Walton Stovall Stubbs of Putnam Stubbs of Thomas 'farvet Tippins 'l'racey 'l'urner Tumipseed Fpshaw Vinson Waddell Walteu Wasden Watkins Whiteley \Vight of Grady Wohlwender Wood WiOodli:fl

Mr. Berry voted in the negative.

Thvse not voting were Messrs. :

Atkinson Bagley Bailey Boyd Butt Carter Couch Cowan Ellis Ellison :Pields of Crisp Gi ~ffin of Sumter Hardeman of Jeffs 'n Henderson of Irwin

.Johnson of Jeff Davis Pierco

Kicklighter

Roberts

Lawrence

Rosse?

Lovejoy

Sheppard

Minter

Simmons

Mos~

Smith of Tattnall

McCarthy

Strong

McCurry

Tuggle

.McMichael of Marion White of Screven

Parker of Decatur William1

Paulk

Wright of Floyd

Peacock

Wright of Stewart

Persons

M:. Speaker

Pickett

WEDNESDAY, JuLY 27, 1910.

781

By unanimous consent the verification of the roil call was dispensed with.
On the passage of the bill the ayes were 142 ; nays, 1.
The bill having received the requisite Constitutional majority was passed by ~ubstitute.

By Mr. Huie, of Clayton-

A bill to amend Paragraph 1, Section 2, Article :3,
of the Constitution, so as to increase the number of Senatorial Districts.

A motion to table the bill was made, and on that motion Mr. Hall, of Bibb, called for the ayes and nays. The motion was sustained.

Those voting in the affirmative were Messrs.:

Alexander of Fulton Buxton

Allen

Calbecl<

Alley

Cannon

Armistead

Carswell

Aul~

Chandler

Bake:

Chilus

Barrett

Cook It

Beachl:lm

Cureton

Bell

Daniel

Berry

Drawdy

Brinson of Decatur Edmondson



Brinson of Emanuel Edwards

Brown of Carroll

Elder

Brown of Henry

English

Brown of Murray Pullbright

Gastley Hardman of .Jackson Heard Helms Hill lloltzclaw Hubbard Hullender .Johnson of Towns .Joiner Keith Kelley Kendrick Kennedy Kidd

782

JoURNAL oF THE HousE.

Kirby Lewi:1 Lord Martin :Miller of Calhoun Miller of Wate 1v.loorQ :\IcConnell McCutchen l\.'cMichael of Butts l\fcWhorter

Procto; Reaves Reid of Macon Shirley Simmon:! Simpson Smith of Tattnall Smith of Walton Stubbs of Putnam 'l'ane; 'l"racey

Turner 'l'urnipseed Upshaw Vinson waddell "\Vatkir.s William I Wood Woodlia

Those voting in the negative were Messrs.:

Adams

Hall

McCurry

.\lexander of DeKalb Hardeman of Jeffs 'n McElreath

Anderson of Bullock Harrington

McMichael of Marion

Anderson of Chatham Harvey

Parker of Talbot

Atherton

Hatfield

l'aulk

Barksdale

Henderson of Irwin Peacock

Booker

Henderson of Turner PPrsons

Boyd

Hendricls

Pickett

Burch

Howell

Pierc!l

Butt

Huie

l'opJ

Carte;

.Johnson of Bartow Porte:

Converso

;rohnson of Jl'ff Davis PriC(;

Cordl'll

.Toni's of Laurens

Hedding

Couch

.Toni's of Meriwether Rlese

CnlbPrson

.Tones of Mitchell

Reid of Campbell

Davis

Lawrenc<t

Rent:l

Dickson

Littleton

Rogers

l"aircloth

Meadows of Telfair Slado

Pender

Meadows of Toombs Btovall

Field of DeKaJb

MiddiPbrookH

Strong

Pields of Crisp

Milikin

Stubbs of Thomas

Pord

:Mitclwll

'fippins

Garlington

"\ios 1

'.\'alter:!

nillis

MacFarland

Wasden

(\odley

l\iacintyro

W.hiteley

Graddick

McArthu:

'Yight of Grady

Griffin of Sumter

l\fc( 'arthy

Wohlwl'nde:

Gnyton

).ic! 'rory

\\'right of Floyd

"fEDNESDAY, JULY 27, 1910.

783

Those not voting were Messrs:

Atkinson Bagley Bailey Brown of .Fulton Cowan Ellis Ellison Evans

Griffin of Twiggs :Holder of Floyd
I~ieklight'3r
Lovejoy 1\.finte: l\IeMahan Olive: Parker of Decatur

Hobert.s Rosse1' :Sheppard Hmith of Gilmer 'l'ugglo White of Sere\en \\'right of Stewart Jl.:l:. Sr<'aker

The roll call was verified and on counting the votes it was found that the ayes were 76; nays, 84.

The motion to table was therefore lost.

Mr. Hall,' of Bibb, moved to adjourn, which motion prevailed, and the business for which the session was extended was taken.
The following bills were read the first time, towit:

By Mr. Fields, of Crisp-
A bill to hold four terms of the Superior Courts of Crisp county.
Referred to Committee on General Judiciary.
By Mr. Reid, of MaconA bill to amend Act to incorporate the' town of
Oglethorpe. Referred to Committee on Corporations.

784

JouRNAL oF THE HousE.

By .Mr. 'ippins, of Appling-

A bill to authorize Grand Juries of Appling county to employ stenographer.
Referred to Committee on Special Judiciary.

By .Mr. Reeves, of McDuffie-

A bill to incorporate the town of Dearing. Referred to Committee on Corporations.

By .Mr. Fullbright, of Burke-
A bill to amend the charter of the city of W aynesboro.
Referred to Committee on Special Judiciary.

'L'he following bills were read the second time, towit:

By Mr. Alexander, of DeKalb-
A bill to propose an amendment to the Constitution, so as to increase the borrowing powers of the Governor to supply casual deficiencies from $200,000 to $600,000.

WEDNESDAY, JULY 27, 1910.

785

By .Mr. Lawrence, of Chatham-
A bill to amend Acts relating to the City Court of Savannah.
By Mr. .Meadows, of TelfairA bill to require county officers of Telfair county
who are required to give bond to give as surety some Guarantee Company.
By .Mr. .Martin, of Lee-
A bill to abolish the City Court of Leesburg.
By .Mr. Redding, of Pike-
A bill to establish the City Court of Barnesville.
By .Mr. Wasden, of CharltonA bill to amend Act to create the County Court of
Charlton county.
By .Mr. Brown, of CarrollA bill to amend Act to create the office of Commis-
sioner of Roads and Revenues for Carroll county.
By .Mr. Brown, of .MurrayA bill to fix the salary of County Treasurer of
Murray county.

786

JOURNAL oF THE HousE.

By Mr. Miller, of Calhoun-
A bill to amend an Act to create the City Court of Calhoun.

By Mr. Miller, of Calhoun-
A bill to repeal an Act to increase the number of Commissioners of Roads and Revenues for Calhoun county.

By Mr. Meadows, of Telfair-
A bill to amend an Act to create the City Court of
McRae.

By Mr. Fields, of Crisp-

A bill to repeal an Act to establish the City Court

of Cordele.



By Mr. McCutchen, of Heard-
A bill to establish the line in dispute between Georgia and Alabama.

By Mr. Vinson, of Baldwin-
A resolution to appropriate $60.00 to Mrs. Wm. R. Cook.

WEDNESDAY, JuLY 27, 1910.

787

By Mr. Griffin, of Sumter-
A bill to appropriate $290.97 to Department of Agriculture to pa.y debt due in connection with Jamestown Exposition.

By Mr. Armistead, of Oglethorpe-
A resolution to erect monument to Mrs. \Vm. Harris Crawford.

By Mr. Sheppard, of Sumter-
A bill to increase the efficiency of inspection of fertilizers, etc.

By Mr. Jones, of Meriwether-
A resolution to make appropriation to meet deficiency in printing fund.
The fol1owing Senate Bills were read the firi;t time, to-wit :
By Messrs. Slaton, of 35th District, Me-Williams, of 34th District-
A bill to amend the Constitution so as to make the salary of State School Commissioner $3,000.
Referred to Committee on Constitutional Amendments.

788

JouRNAL oF THE HousE.

By Messrs. Mathews, of 23d district; Aiken, of 4th District-

A bill to provide for State and County Boards of Tax Returns.
Referred to Committee on vVays and Means.

The following Senate Bills were read the second time, to-wit :

By Mr. King, of 14th District-

A bill to require State Librarian to furnish Acts of General Assembly and Georgia Reports to all new counties.

By Mr. Day, of 41st District~

A resolution for relief of J. C. Powell, J. M. Kincaid, A. J. Ballew, J. A. Freeman and A. Beaver, of Fannin county.

By Mr. Mays, of 26th District-

A bill to amend an Act to authorize Electric Street Railroad Companies to acquire by purchase, lease or otherwise, the property, etc., of other such companies.

WEDNESDAY, JuLY 27, 1910.

789

By Mr. Aiken, of .4th District-
A bill to promote public health by ditching and draining swampy lands.
The following resoluti_on was read the first time, to-wit:

By Messrs. Brown, Alexander and McElreath-
A resolution authorizing the city of Atlanta to build viaducts across certain rights of way of the W. &A. R. R.
Referred to Committee on Western & Atlantic Railroad.
The following Senate Bill was read the third time and put upon its passage, to-wit:

By Mr. Pitts, of 43rd District-
A bill to amend Acts to incorporate the city of Dalton.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 93; nays, 0.
The bill having received the requisite Constitutional majority was passed.

790

JouRNAL oF THE HousE.

Leave of absence was granted _Mr. Sheppard, of Sumter; illness.
The Speaker then announced the House adjourned until 3 o'clock this afternoon.

3 o'clock p. m.
The House reconvened at this hour and was called to order by the Speaker.
On motion of Mr. Fullbright, of Burke, the call of the roll was dispensed with.
The following bill which was brought over as unfinished business from the morning's session was again taken up, to-wit:
By Mr. Huie, of Clayton-
A bill to amend Paragraph 1, Section 1, Article 3 of the. Constitution Ro as to increase the number of Senatorial Districts.
'l'he previous queRtion was called and the mam question ordered.
The favorable report of the Committee was disagreed to and th~ bill was lost.
The following bill was read and by direction of the Speaker the same was referred to the Committee on State of the Republic, to-wit:

-\VEDNESDAY, .JULY '27, 1910.

791

By Mr. Carswell, of -Wilkinson-
A bill to keep the politician in Georgia.
On motion of Mr. Hall, of Bibb, House Bill No. 97 was tabled.
On motion of Mr. Anderson, of Chatham, the substitute for House Bills Nos. 267, 304, 534, 538, 551 and 568 were recommitted to Committee on Constitutional Amendments.
The next special order was as follows:

By Mr. McElreath, of Fulton-
A bill to amend Article 6, Section 7 of the Constitution, which provides for one Justice of the Peace for each Militia District of this State.
Before the above bill could be disposed of a motion to adjourn was put and carried and the bill was carried over as unfinished business.
'
Leave of absence was granted Mr. Miller, of 'Vare; sickness in family.
- The Speaker then announced the House adjourned until 9:30 o'clock tomorrow morning.

792

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,

THURSDAY, July 28, 1910.

The House met pursuant to adjournment at 9:30 o'clock a, m., this day, was called to order by the Speaker and opened with prayer by the Chaplain.

The roll w.as called and the following members answered to their names:

Adams

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Gannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converse

Auli

Cooke

Barksdale

Cordell

Bagley

Couch

. Bailey

Cowan

Bakel

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Booker

Dmwdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Brown of Murray Evans

Faircloth Fender l'ield of DeKalb E'ields of Crisp Fcrd Fullbright Garlington Gastley Gillis Godley Graddick Oliffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n H nrdman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks HiJl Holder of .f]Q~d

THURSDAY, JuLY 28, 1910.

793

Holtzclaw

MacJ.'arland

Sheppard

Howell

Macintyre

Shirley

Hubbard

McArthur

Simmons

Hullender

McCarthy

Simpson

Huie

McConnell

Slado

Johnson of Bartow McCrory

Smith of Gilmer

Johnson of .Teff Davis McCurry

Smith of Tattnall

Johnson of Towns McCutchen

Smith of walton

Joiner

McElreath

Stovall

Jones of Laurens

McMahan

Strong.

Jones of Meriwether McMichael of Butts Stubbs of Putnam

Jones of Mitchell

McMichael of Marion Stubbs of Thomas

Keith

McWhorter

'farve~

Kelley

Olive:

'l'ippins

Kendrick

Parker of Decatur Tracey

Kennedy

Parker of Talbot

Tugglo

Kicklighter

Paulk

Turner

Ridd

Peacock

'l'urnipseed

Kirby

Persona

Upshaw

Lawrence

Pickett

Vinson

Lewi9

Pierce

Waddell

Littleton

Popa

Walter.!

Lord

l'orte:

Wasden

Lovejoy

Price

Watkin:J

Martin

Proctor

White of Screven

Meadows of Telfair Heaves

Whiteley

:Meadows of Toombs Redding

Wight of Grady

Middlebrooks

Heese

William1

Miller of Calhoun

Reid of Campbell

W;ohlwendet

Miller of Ware Milikin Mitchell

Heid of Macon Rentll Roberti

Wood vr.oodlifl Wright o:l. Floyd

Moore

Ro.gen

\\'lright of Stewart

Mos:l

Rosse:

:M:. Speaker

Mr. Minter was absent.

By unanimous consent the reaJ.ing of the Journal of yesterday's proceedings was dispensed witll.

By unanimous consent the following bills were

794

JouRNAL OF THE HousE.

read the third time and put upon their passage, to-
wit:

By Mr. Field, of DeKalb-

A bill to define the rights and powers of an attorney-at-law.
'l'he favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 93, nays, 14.
'l'he bill having received the requjsite Constitutional majority was passed.

By Mr. Jones, of Mitchell-

A bill to create a new charter for the town of Baconton.
T'he favorable report of the Committee was agreed to.
On the pnssage of the bill the ayes were 120, nays, 0.
The bill having received the requisite Constitutional majority was passed.

THURSDAY, .JULY :!8, 1910.

7D5

By Mr. Fullbright, of Burke-

A bill to direct and authorize the publication of certain Georgia Reports.
The favorable report of the Committee was agreed to.
. On the passage of the bill the ayes were 95, nays, 1.
_The bill having received the re<Iuisite Constitutional majority was passed.

By Mr. Sheppard, of Sumter-

A bill authorizing the Secretary of State to con.

fer upon certain corporations the powers of trust

companies.

.

.

Mr. Sheppard moved to amend as follows, which

was adopted, to-wit:

To amend by adding a new paragraph as follows : ''All such amendments granted by the Secretary of State shall be recorded on charter book in the office of the Clerk of the Superior .Court when such original charter was granted."

The favorable report of the Committee was agreed to as amended.

796

JouRNAl, oF THE HousE.

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. Faircloth, of Johnson-
A bill to amend the charter of the town of Kite.
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 session this morning was extended for ten minutes for the purpose of p~tting on their passage House and Senate local l~ills for third reading and House bills with Senate amendments.

By Mr. Hardman, of Jackson-
A bill to amend an Act to incorporate the city of Commerce.
The favorable report of the Committee wus agreed to.

THURSDAY, JULY :!8, 1910.

797

On the passage of the bill the ayes were 110, nays, 0.
The bill having r.eceived the requisite Constitu. tional majority was passed.

By Mr. Rosser, of Walker-
A bill to cede lands in the county of Walker to the United States.
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 Col!stitutional majority was passed.
By unanimous consent Senate Bill No. 227 was recommitted to Committee on Railroads.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. Miller, of Calhoun-
A bill to amend an Act for the protection of fish and game so as to fix time for killing deer.
Referred to Committee on Game and Fish.

798

JouRNAL oF THE HorsE.

By Mr. Martin, of Lee-
. A bill to provide service by publication m cases of divorce.
Referr~d to Committee on General Judiciary.

By Mr. Wohlwender, of Muscogee-
A bill to amend Section 881, Volume 3 of the Code, relative to rewards.
Referred to Committee on General Judiciary.

By Mr. Guyton, of EffinghamA bill to regulate the catching of sturgeon. Referred to Committee on Game and Fish.

By Mr. Hubbard, of Dawson~ A bill to amend Section 5017 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Guyton, of EffinghamA resolution to pay pension due R. W. Tullis. Referred to Committee on Pensions.

'fHURSDAY, JULY 28, 1910.

799

By Mr. Ford, of WorthA bill to amend an Act to create the City Court
of Sylvester.
Referred to Committee on Special .Judiciary.

, By Mr. Ford, of Worth-
A bill to repeal an Act to amend an Act to create the City Court of Sylvester.
Referred to Committee on Special Judiciary.

By Mr. Hardeman, of Jefferson-
A resolution to make House Bill No. 917 a special order.
Referred to Committee on Rules.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by substitute, by a requisite Constitutional majority, the following bill of the House, to-.wit :
A bill to authorize the mayor and council of the city of Savannah to provide for the registration of

800

JOURNAL OF THE HousE.

voters, for elections called for issuing municipal bonds.
The Senate has passed by a requisite Constitutional majority the following bills of the House, towit:
A bill to amend an Act to authorize the city of I .ithonia to establish a system of public schools.
A bill to incorporate the town of Brooks in the rounty of Fayette.
A bill to amend an Act to establish the City Court of Sylvester.
A, bill to repeal an Act to create the City Court of Danielsville.
A bill to amend an Act creating a Board of County Commissioners of Spalding and Butts counties.
A bill to create a new charter for the town of Worth in Turner county.
A bill to repeal an Act to incorporate the town of Sycamore in Turner county.
A bill to amend the charter of the city of Cairo.
A bill to prohibit taking fish from a portion of Hiawassee River.



TnuRSDAY, JuLY 28, 1910.

801

A bill to amend the charter of the city of Hagan in the county of Tattnall.
A bill to authorize the sale of a part of the Com- mons in the city of Columbus.
A bill to regulate butchering of cattle in ware county.
A bill to increase the number of terms of the Sup~rior Court of Whitfield county.
A bill to vest in the city of Columbus, title to cer: tain lands now used for streets.
A bill to repeal the Act incorporating the town of Atwater in the county of Upson.
A bill to amend the charter of the town of Unadilla.
A bill to amend the charter of the town of Fair~ burn.
A bill to amend an Act to establish the City Court of Ashburn.
A bill to amend an Act to estahlish the City Court of Hazlehurst.
A bill to amend an Act creating the City Court of Floyd county.



802

JouRNAL OF THE HousE.

A bill to amend an Act to create a Board of Com missioners of Roads, Public Buildings, etc., of Warren and Taliaferro counties.
A bill to ratify the closing of Ansley street in Decatur, Ga.
A bill to amend an Act to authorize the city of Lavonia to establish a system of public schools.
A bill to amend the charter of city of Waycross.
A bill to amend an Act to incorporate t11e town
of Milltown in the county of Berrien.
A bill to amend an Act incorporating the town o:!' Unadilla, Ga. Approved Dec. 24, 1890.
A bill to amend the charter of Powder Springs in the county of Cobb.
A bill to amend an Act to establish a new charter for town of Hogansville in Troup county.
A bill to amend the charter of the town of Lithonia.
A bill .to amend an Act establishing a new charter for the city of Atlanta.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

THURSDAY, JULY 28, 1910.

803

Mr. 8 peaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit:
A bill to fix the salaries of the Solicitors-General of the several circuits of this State.
A bill to prohibit the furnishing or exhibiting to any female any writing or printing containing obscene or vulgar language.
A bill to amend the charter of the town of Shady Dale.
Mr. McCrory, of Schley, moved that the House reconsider its action in passing House Bill No. 724, relative to the alternative road law, which motion was lost.
By unanimous consent individual speeches during the half hour for unanimous consents during the remainder of the session were limited to three minutes.
By unanimous consent :S:ouse R-esolution No. 277 was recommitted to the Commitee on General Judiciary.
Mr. McCarthy, Chairman of Committee on Labor and Labor Statistics, submitted the follow~ng report:

804

JouRNAL o.F THE HousE.

Mr. Speaker:

Your Committee on Labor and Labor Statistics have had under. consideration the following bill 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 regulate employment of minors i!l the

messenger service.

-

Respectfully submitted,

JOSEPH McCARTHY, Chairman.

Mr. McElreath, Vice-Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways and Means have had under consideration House Bill No. 906-By Messrs. Anderson, Lawrence and McCarthy, of Chatham, being a bill to be entitled an "Act to authorize County Commissioners in counties containing a city with a population of not less than 54,0QQ, nor more than 75,000 inhabitants to adopt regulations permitting taxpayers to pay county taxes quarterly or semiannu.ally; to require tax collectors to carry out such regulation, and for other purposes,'' and they in-

THURSDAY, JuLY 28, 1910.

805

struct me to report the same back to the House with the recommendation that the same do pass..
Respectfully submitted,
WALTER McELREATH, Vice-Chairman.

Mr. Garlington, Chairman of the Committee on Fish and Game, submitted the following report:

'
Mr. Speaker:

Your Committee on Fish and Game beg leave to report that the following bills do not pass, to-wit:

House Bill No. 29-Prescribing certain time for hunting certain game.

House Bill No. 209~Relative to trespass upon lands, etc.

House Bill No. 260-Prohibiting the hunting of game for a period of five years.

House Bill No. 60-Prohibiting the hunting on the lands of another without written permission.

House -Bill No. 240-To revise and codify the game laws of this State.

July 27, 1910.

GARLINGTON, Chairman.

806

JouRNAL oF THE HousE.

Mr. Hall, Chairman of Committee on General Judicia.ry, submitted the following Teport:

Mr. Speaker:
Your Committee on General Judiciary ])ave 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 amend Section 4556, Code of 1895, relative to attachments.
A bill to make unlawful the use of automobiles, etc., without owners consent.
A bill to provide for support of minor children when living separate from father.
A bill to amend Constitution of the State so as to abolish office of Solicitor-General.
A bill to regulate the deposit by insurance companies with the State Treasurer.
A bill to amend Section 4312, Volume 2, Code of 1895, relating to qualifications of judges of Superior Courts.
Also the following bills of the House with the recommendation that same do not pass, to-wit:
A bill to fix time for filing pleading, etc.

THURSDAY, JuLY 28, 1910.

807

A bill.to create office of Assistant Attorney-General.
A bill to repeal Act of August 17, 1908, relating to foreign wills.
A bill to make wife competent witness.
A bill -to amend Section 97, Volume 1, Code of 1895, relative to election of county officers.
A bill to amend Section 70, Volume 1, Code of 1895, relative to election of members 6f General Assembly.
A bill to fix salaries of County Treasurers.
A bill to provide for special verdicts in certain cases.
A bill to amend Section 4732, Volume 2, Code of 1895, relative to garnishments.
A bill to amend Section 1900, Volume 2, Code of 1895, relative to contracts against corporations.
A bill to amend Section 4147, Volume 2, Code of 1895, relative to compensation of jurors.
Also the following resolution of the House with the recommendation that same do not pass, to-wit:
A resolution relating to duck law.

808

JouRNAL oF THE HousE.

Also the following bills of the Senate, with the recommendation that the same do pass, to-wi~:
A bill to prohibit prize fights.
A bill to provide proper protection of sinking funds of municipal corporations.
Respectfully submitted, J os. H. HALL, Chairman.

Mr. Butt, Chairman of the Committee on Corporations, submitted the f?llowing report:

Mr. 8 peaker:
Your Committee on Corporations has considered the following House bills and instruct me, as their Chairman to report same back with the following .recommendations:
House Bill No. 101S--To incorporate the town of East End. Do pass.
House Bill No. 1019-To incorporate the town of Mcintyre. Do pass.
House Bill No. 1029-To create a new charter for the city of Dublin. Do pass.

THURSDAY, JULY 28, 191Q.

809

House Bill No. 1030-To amend the charter of Cornelia. Do pass.
House Bill No. 1031-To create a new charter for the town of Willacoochee. Do pass.
House Bill No. 1033--To amend charter of Riverdale. Do pass.
BuTT, Chairman.

Mr. Stubbs, Chairman of the Committee on Enrollment, submitted the following report:

Mr. 8 peaker:
The Committee on Enrollment have examined and found properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to-wit:
An Act to incorporate the town of Ila.
An Act to amend Section 982, Volume 1 of the Code so as to add Gordon to list of State depositories.
An Act to fix the fees to be paid by local storm and fire assessment insurance companies.
An Act to change time of holding the fall term of the Superior Court of Liberty county.
An Act to amend Section 5182 of the Code.

810

JouRNAL oF THE HousE.

An Act to repeal Act to create Board of Commissioners of R. & R. for
Respectfully submitted,
STUBBs, Chairman.

The Committee of the University of Georgia and its branches, submitted the following report:

1'o the House of Representatives of Georgia:
-i ~I
Under the call of the Chairman, the Committee
of the University of Georgia and Branches, met at
Athens, Ga., Oct. 4th, 1909. This Committee, with a similar one from the Senate, spent the day visiting the University, the State Agricultural College, and the Normal School.
'
Within the short time taken to investigate these different institutions, the examination, was necessarily rapid and incomplete. We found that "Old College," the first chartered State University in the United States, which was undergoing repairs in 1908, had been completed, and was then in use-the same old Chapel was in use-the board at the "Eating house'' had been advanced in price from $9.00 to $10.00 per month, on account of the increased cost of foods. The student body was assembled in the Chapel, and presented a healthy and intelligent appearance.

THURSDAY, JuLY 28, 1910.

811

:We visited the State Agricultural College that had
recently been finished, at a cost of $10.0,000.00, and which was situated upon a tract of land of one thousand. acres, adjoining that of the old campus. Here we found classes engaged in all kinds of agricultural pursuits, making good progress.

The Committee then visited the State Normal College, where we found the school rooms, dormitories, libraries, etc., entirely too small for accommodations of the student body, and yet more than four hundred applicants, Georgia boys and girls were denied admission for the want of room. T'his is a cause of deep regret, if not of downright shame.

The Committee then divided into sub-committees, and visited the North Georgia Agricultural Col1ege,. the Normal and Industrial College, and the Georgia School of Technology.
At the North Georgia Agricultural College we found the school in a prosperous and healthy condition. The dormitory had been completed and added material1y to the efficiency of the school. However, there is no library nor assembly hall, which we hope the next session of the Legislature will make provision to establish.

At the State Normal and Industrial College, we find the same general conditions-inadequate facilities in all departments. More regrets, if not shame, here. The President states that about five hundred

812

JouRNAL OF 'J:HE HousE.

of Georgia girls have made application for admittance, but no room for them.

At the Georgia School of Technology we find the above discreditable conditions exist, not enough facilities to accommodate the applicants.

We find the total number of students enrolled at the University and its branches, as follows:
At the University (Athens) ______________ 955 At North Ga. Agricultural (Dahlonega) ___ 214 At the School of Technology (Atlanta) ___ 800 At Normal & Industrial (Milledgeville) ___ 663 At Normal (Athens)-------------------- 819 At Industrial College for colored youths
(Savannah) _______________ _: ______ 463
At Medical College (Augusta)----------- 111
4025.
J. J. C. McMAHAN, Chairman.

Mr. Henderson, of Irwin, Chairman of the Com-

mittee on State Sanitarium, submitted the follow-

ing report:

!. : i j :

THtrRSDAY, JuLY 28, 1910.

813

Mr. Speaker:
Your Committee on Georgia State Sanitarium have had under consideration the following House bills and instruct me, as their Chairman, to report same back to the House with the recommendation that they do pass.
To provide for appointment of trustees of the Georgia State Sanitarium.
To authorize the Board of Trustees of the Georgia State Sanitarium to establish a training school and for other purposes.
Respectfully submitted,
HENDERSON, Chairman.
The following invitation was read and unanimously accepted by a rising vote:

RoN. JoHN N. HoLDER,
Speaker House.
DEAR Sm: I cordially invite the House of Representatives, its officers and members of the press reporting the proceedings, to a barbecue given in honor of the General Assembly on next Tuesday afternoon. At two o'clock the cars will be at the Hunter street side of the capitol.
Very respectfully,
JOHN M. SLATON.

814

JouRNAL OF THE HousE.

The Committee on Public Property submitted the following report:

Mr. Speaker:
The Committee on J;>ublic Property have had under investigation, under a Resolution passed by this House, certain charges against the Keeper of Public Buildings and Grounds, as submitted in a letter from Hon. Thomas E. Watson to .Hon. John N. Holder, Speaker of the House and dated June 23d, 1910, and having attached thereto a copy of a letter written to Mr. Watson wherein said charges were made.
For the information of the House we herewith include the letter of Mr. Watson to the Speaker, and also a copy of the letter written to Mr. Watson as follows:
THoMsoN, GEoRGIA, June 23, 1910.
IloN. ,JoHN N. HoLDER,
Speaker of the House,
Atlanta, Ga.
MY DEAR Sm: For the present I withhold the name of the writer of the letter of which the inclosed is a copy. I believe him to be a responsible man, and, if necessary, will put you in communication with him. It seems to me' that it is my duty to transmit to you a copy of the letter, in order that

'l'HUHSDAY, ~ULY :2t;, 1!:>10.

815

you may lay it before the Committee on Public Buildings and Grounds, so that a searching investigation may be made.
R. F. Duckworth and John Lee, who are running things at Union City, are utterly unprincipled and corrupt. Mr. Barron was their protege, and it was at their urgent insistent request that Governor Brown appointed Barron to his present position.
It is not at all improbable that the. charges made in the letter are true, and that Barron is dividing with his pals at Union City.
Very respectfully yours,
THOS. E. WATSON.''

''MR. WATSON:
During the past year, large sums of the people's money has been spent at and on the capitol in repairs, refurnishings, etc., etc.
"If you will have the Legislature appoint a Committee of Investigation, to look into the affairs and conduct of the office of Keeper of Public Buildings and Grounds, there will be some rich, rare and racy developments, which will show Lee Barron up in his true colors, and prove the unwisdom of Mr. Brown in placing such an irresponsible p~rson in such an im- portant position, just to please Ducky, and the Union

816

. JouRNAL OF THE HousE.

City bunch. I would suggest that said Committee ascertain if certain contracts let by said keeper, for repairs and improvements, were not paid for at one price, and charged up to the State, at a much larger figure; or, in other words, if there has not been a collusion between said keeper and said contractors, to the effect that if said keeper would award certain contracts at a certain figure, he would be entitled to, and receive, a certain amount from said contract. (Don't you see l)

''Also let them asce11tain if guards, porters, and other employees names have not been kept on the 'pay-roll'-and their salaries drawn regularlywhen they' were not in the service of the State in any capacity. Coal, wood, water, gas, electric lights and other 'bills and contracts' should be fully investigated.

"I merely put you on to these things. There is surely something dead up the branch. The water needs to be filtered.

.Atlanta, Ga.

Yours truly,''

Your Committee at its first meeting, in order to get at the truth of said charges and find if there had been any mis~ppropriation of money or graft in this department, and in order that said charges might be fully investigated, passed the following resolution:

'l'HURSDAY, JULY 28, 1910.

817

"Whe,reas, on the 24th day of June, the Honorable rnwmas E. Watson submitted to the House of Representatives a communication in writing, addressed to the Speaker of the House, dated June 23rd, 1910, which communication w.as immediately submitted by the Speaker- to the House, and accompanying which was a copy of an unsigned letter w-herein certain grave charges were made against the Keeper of Public Buildings and Grounds with a request that the letter and communication accompanying the same be ,referred to this Committee:
''A nr]) Whereas, the House, by motion has referred the said papers to this Committee, with instructions and authority to investigate the truth of the charges therein contained:
"Therefore, be it Resolved, by the Committee, that the Honprable Thomas E. Watson, be, and he is hereby requested to furnish to the Chairman of this Committee, at once, the name and address of the author of the letter in which said charges were made, an unsigned copy of which was so submitted by him to the House, in order that a thorough investigation may be made by the Committee of the charges in said letter contained;
"Be it further Resolved, that the Chairman of this Committee be, and he is hereby, instructed to transmit a copy of this resolution to Mr. Watson."
The Chairman of said Committee forwarded a copy of the above resolution to Mr. Thomas E. Wat-

818

JouRNAL m THE HousE.

son, in accordance with the instructions of said Committee.
Mr. Watson, in answer to said resolution, wrote the Chairman of your Committee, under date of June 29, 1910, a lengthy letter, and among other things said:
"The words 'Watson's charges' have gone everywhere. I have made no charges. There was nothing improbable in the accusation brought by my correspondent, and it was a duty to lay them before the officials who have jurisdiction over such matters.
"The letter itself proves that I went no further than to vouch for the fact that charges emanated from a responsible, respectable source. Without such assurance, I knew that neither the Governor nor the Legislative Committee would pay any "attention to them.
''My promise to furnish you a list of witnesses was founded upon a positive promise made to me by my correspondent. He has not as yet complied. If he does not do so by to-morrow mornin_g, he will not do so at all. If he keeps his word I will telegraph you the list immediately. If he leaves me in the lurch~ I will bear whatever blame attaches to the conduct of a eitizen who, in good faith, endeavors to safe-guard the public interest.
"Just as the books and vouchers of county officials

THURSDAY, JULY 28, 1910.

819

are searchingly investigated once a year, so the books and vouchers of.State officials should be examined.
''And it is equally clear to my mind that if you will require of Barron the production of his vouchers, you will have supplied yourself with the very witnesses that you need.
"Barron's books and vouchers will furnish nearly all the witnesses that you want."
Your Committee required of Mr. Barron, not only the production of his books, vouchers, bills and checks, but Mr. Barron, himself, was sworn as a witness and testified before your Committee.
Not content with that, your Committee employed the American Audit Co. to audit the books of Mr. Barron, and that audit is hereto attached as a part of this report.
The report of the auditor shows Mr. Barron's books to be in excellent condition, and correct in every particular.
We present herewith the sworn testimony of J. L. Barron before your Committee.
We find, according to the sworn testimony, that the employees in charge of the Keeper of Public Buildings and Grounds receive the same compensation as were paid by the predecessor of Mr. Barron, except the treasury porter, whose salary has been advanced

820

JOURNAL OF THE HousE.

$7.50 per month on petition from the treasury officials.
Mr. Tumlin, the Keeper of Public Buildings and Grounds, who preceded Mr. Barron, was sworn before your Committee, and he says that there are n.ow employed the same number of employees at the capitol and mansion as when he was in office, and the evidence shows they receive their pay practically in the same way.
We find that the money for carpeting and renovating of the House and Senate, and other rooms, did not pass through the hands of Barron ; that Barron's connection with this matter was to advertise for bids, by direction of the Governor, receive them under seal, and open them in the presence of the Governor and the bidders themselves, and that then the Governor let the contract to the lowest bidder, and no money for carpeting, renovating or decorating the House or Senate passed through Barron's hands, but was paid by warrant drawn by the Governor, under resolution of the House, No. 27.
Your Committee had before it the representatives of all the bidders for the furnishing and laying the carpets at the capitol. All of said representatives were sworn as witnesses, and they all say that their bids were made on the specifications, without any suggestion from any one. That said bids were sealed up, delivered to Mr. Barron, and afterwards opened in the presence of the bidders themselves, in the

THURSDAY, JULY 28, 1910.

821

Governor's office, and that the contract was then let by the Governor to the lowest bidder. Your Committee finds that the specifications were such as could be understood by anybody.
We find, according to the testimony, .that the carpet cost the State $2.171;2 per yard.

We also had the gentleman before us who did the decorating. The bids for this work were submitted and opened just as the other bids for the carpeting were submitted and opened, in the presence of the Governor and bidders.

We find nothing connected with the letting of these contracts subject to criticism.

Your Committee ascertained that one A. M.

Walker, Sr., was supposed to be the author of the

letter to Mr. Watson, wherein it was suggested the

Keeper of Public Buildings and.Grounds be investi-

gated.



We summoned Mr. Walker as a witness before your Committee, and, under oath, he disavowed any intention of making any charges against Barron, but said he knew nothing whatever wrong in said office. He said he had written the letter to Mr. Watson, but it was not intended as charges against Barron; that he had been requested by Mr. Watson to give him (Watson) some ammunition against the "Union City bunch," and under the influence of that letter

822

JouRNAL oF THE HousE.

he (Walker) wrote the letter to Watson suggesting this investigation.
Mr. Walker also testified that he marked on the corner of the envelope on the letter to Mr. Watson the words ''Private and Personal,'' and also marked on his letter to Mr. Watson, just above his (Watson's) name the words ''Strictly Confidential.''
Your Committee further asked Mr. Walker if he knew, or could give the Committee the name or names of any person or persons who could give your Committee any information about the Keeper of Public Buildings and Grounds' office, and he said he . knew of no one that knew any fact or facts about it.
Your Committee herewith submits a stenographic report of the testimony of Mr. Walker, as well as an entire report of the investigation, for inspection and consideration.
Your Committee finds no evidence whatever going to show any misappropriation of any monies, or anything going to show any wrong doing or graft in the office of the Keeper of Public Buildings and Grounds.
Your Committee finds that the charges against the said Keeper of Public and Grounds are entirely unwarranted.
RespectfulTy submitted.
G: J. KEITH, Chairman.

1'HUR8DAY, JULY 28, 1910.

o1.:.!...)u~1

ATLANTA, GA., JuLY 7, 1910.
Investigation of J. L. Barron, before
THE PuBLIC PRoPERTY CoMMITTEE,
MR. KEITH, Chairman.
Mr. Hall: As Chairman of the sub-committee to employ a stenographer, I desire to report we have employed Mr. A. E. Barnes, official stenographer of this Committee.
I
Mr. Keith: The Committee had absolute power and it is not necessary for this Committee to ratify it.
I will state, gentlemen, Mr. Barron is present.
Mr. Hill: I want to ask him a question: I want the initial of this man walker that they say wrote the letter.
Mr. Barron: A. M. walker, Sr., g1ven m the papers.
Mr. Hill: I move a subpa>na from this Committee issue for A. M. Walker, Sr., as a witness before this Committee. (Which motion was carried.)
Mr. Jones: Do I understand this man is one of the bidders 1

824

JouRNAL OF THE HousE.

Mr. Hall: No, sir, the man the newspapers say brought the charges.
Mr. Jones: It occurs to me in addition to having this man subpamaed there might be others, and I suggest that we dispose of what we have for the afternoon and then take up the subpamaeing of the witnesses.
Mr. Hall: I suggest we ought to have a Sergeantat-arms. We have got to have some one to serve these subpamas. I believe the resolution covered that.
Mr. Jones: It occurs to me before we subpoona any one, we wait until we getthrough and then make up a list of them we wish.
Mr. Hall: That is the only man I know of myself right now. I have got in my mind other men we may need to subpoona as the thing develops, and I have no objection to waiting and subpamreing all of them at once. We may have to subpo:ma so~e experts in addition to these bidders in this line of work, that they may make an examination so that we can see what the thing cost and whether or not it was reasonable or unreasonable-the amount paid for it.
Mr. Keith: I suggest that after we get through with Mr. Barron we might have a better idea of it.
Mr. Hall: I propose Mr. Barron be sworn as a
witness, subject to be examined by any member of the

THURSDAY, JULY 28, 1910.

825

Committee, and move that as a motion. If anybody else has got any suggestion I hope they will say so.
Mr. Jones: There is nobody else before the Committee that I know of we can hear from and I think that is a proper motion. (The motion was carried.)
Mr. Brown: I suggest that he be sworn with the same rights and privileges other witnesses have.
Mr. Hall: Certainly.

J. L. BARRON, sworn.
Mr. Hall: What is your official position m the State of Georgia T
A. Keeper of Public Buildings and Grounds. Q. By whom were you appointed to that office? A. The Governor of the State. Q. What Governor? A. Joseph M. Brown. Q. How long have you held that position T A. Since July 3, 1909.

826

JouRNAL OF THE HousE.

Q. Who did you succeed in that office?
A. Mr. Tumlin.
Q. Where is he?
A. I don't know. I don't know where he lives; I think he Jives in Carroll county.
Q. When you went into that office did you give him any receipt for the public property that came into your hands~
A. No, sir.
Q. You gave him no receipt at all~
A. No, sir. Q. What ar~ the duties of your office 1
A. To look after the general work and repairs and .so on of the capitol building and grounds and the Governor's mansion.
Q. Do you have the employment of all the employees who are charged with taking care of the capitol?
A. No, sir.
Q. I mean the employees about the capitol?
A. They are appointed by the Governor.

'l'HURSDAY, JULY 28, 1910.

827

Q. Do you employ any servants at alH
A. No, sir.
Q. Do you employ anybody?
A. I have in one or two cases employed labor, or given Mr. Allen permission to do it, the Captain of the capitol guard.
Q. He employs them generally himself?
A. I think it has been going on in the usual order -when I came there were three or four laborers and they were going along.
Q. These scrub women about here, who employs themT
A. It is supposed to be done unde.r that office, and I found them here and I let them stay here.
Q. You pay them the same that you found them
getting~
A. Yes, sir.
Q. You have not changed it?
A. No, sir.
Q. As to the servants in the Executive mansion, who employs them, the Governod
A. The Governor or some member of his family.

828

JouRNAL oF THE HousE.

Q. You have nothing to do with it? A. No, sir. Q. What payrolls are they carried on 1 A. On the public building. Q. He reports the names of the servants to you f A. Yes, sir.
Q. Who fixes their wages?
A. In the only case that I know of, Mrs. Brown, the Governor's wife fixed the wages.
Q. She reported that to you 1 A. Yes, sir. Q. And you approved it at those wages~ A. Yes, sir. Q. What employees about the State capitol here are directly under your charge as Keeper of Public Buildings who are carried on your payroll T A. i should not consider any, except the laborers. Q. What payroll is the guard carried on 1 A. They are paid by check and entered up on the ('ash b6ok, the same as any other expenditure.

THURSDAY, JuLY 28, 1910.

82!1

Q. They are not on any payroll? A. No, sir.
Q. 1Vho signs those checks 1 A. I sign them.
Q. Where do you get the money to pay them 1 A. I get it on an Executive warrant. ,
Q. What fund is it drawn on? A. Public building warrant or fund. Q. Who draws the warrant~
A. The Governor.
Q. How is the warrant drawn, on what information?
A. He has a statement from the office of the Public buildings and Grounds,. and an estimate of the amount that it will take to run that department for that month on the :first of each month.
Q. And a warrant is drawn in your favod A. Yes, sir.
Q. What do you do with the money when the warrant is drawn in your favor?

830

JouRNAL OF THE HousE.

A. I deposit it in the auditory named by the Governor.
Q. You take that money out of the State treas-
ury~
A. Yes, sir, on that warrant.
Q. You get the money out of the State treasury? A. Yes, sir.
Q. What do you do with it1 A. I deposit it in bank.
Q. what bank? A. Third National Bank.
Q. When that money is drawn it is only on an estimate furnished you by the Governor?
A. Yes, sir.
Q. And you draw your checks? A. Yes, sir.
Q. How often do you report to the Governor the disposition of that fund 1
A. I don't know that I have reported it all.

THURSDAY, JuLY 28, 1910.

831

Q. You don't report the disposition of it, no report made to him of itT
A. There has not been since I have been in office.
Q. Who keeps the check of your account-who do you account to for this money when you put it in the bank.to your private accounU
A. My checks and vouchers are there.
Q. Don't you make any itemized statement to anybody of your distribution of that fund 1
A. No, sir.
Q. Have you ever found in your office any system of bookkeeping by your predecessors~
A. No, sir.
Q. As I understand, there is no bookkeeping in the office?
A. Practically-there is a cash book and record kept, and at the end of each month it is entered up on this ledger here.
Q. Then there are books?
A. Yes, sir.

832

JouRNAL OF THE HousE.

Q. You have a cash book and ledger?
A. Yes, sir. Q. Does the cash book and ledger show all the items of expenditure in that office~ A: The amounU
Q. The items' A. I don't understand your question. You mean for what each check is drawn? Q. Yes1 A. Yes, sir. Q. You have that there, a cash "book and ledgerT A. Yes, sir, the ledger shows that, and the cash book shows to whom the check was made payable. Q.. The ledger is made up from the cash book?
A. Yes, sir. Q. These employees, you don't require them to sign a payrollT A. They sign a voucher.

THURSDAY, JULY 28, 1910.

833

Q. That voucher is a receipt T
A. Yes, sir..
Q. You have a receipt besides the check given themf
A. Yes, sir.
Q. Let's see the form of your voucher T
A. I will state when I came into office this is the form that was used in the book, and that was used up until about sometime in March of this year, and then I begun the voucher system of this kind. The vouchers are signed there and the invoices pasted in this ledger.
Q. The first receipt that I find is voucher 17, "received of the State of Georgia $23.33 on account of the payroll Number 4, for services at the Governor's mansion,'' and you receipted yourself for that amounU
A. Yes, sir.
Q. Have you got the payroll T
A. Yes, sir.
Q. What was the idea for receipting yourself for that moneyf

834

JouRNAL OF THE HousE.

A. I got the money and that .'vas the ~nly 1\'"ay that I had.

Q. You got it from yourseiH

A. No~ sir, froni fhepublic building account afihe

bank.

, ~ I

Q. You had it there to your credit A. Yes, sir..

.. Q. That was the form this thing was carried on in?

A. ~es, sir.
Q. "Received of the State of Georgia thre~ do~~ lars on account of water for the month of June,;' was that bill regularly made out to you?
A~ Yes, sir.

Q. And was the bill itself receipted?

A. I don't know whether it was or not, it was not necessary, it may have been receipted; if it was their custom to receipt it, it was.

Q. You seem to have your receipts in this book without the bills?

A. The regular invoices are pasted in thi~ ledger

here, up to .this date I speak of.

, .'.

THURSDAY, JULY 28, 1910.

835

Q. On account of _repairing two chairs $2.751

A; Yes, sir..

Q.. You chap.ged this system
A, Yes, sir.
a Q. And you put everything m the form of
voucher?

A. Yes, sir.

Q. Let's see that. Do you call that in the form of a voucher-look at it and see?

A. Yes, sir.

/

Q. That is nothing but a receipt for yourselfread itT

A. That Is the record-here IS the regular voucher here.

. ~Q. You said you didn't have a payroll and here is one?

A. I didn't underst.a11d you. I .said that I had payrolls for services and porters. I have not got any :r~,rroll for guards; they sign vouchers.

. Q. These payrolls are they sig-lled by the persons

who get the money?



'

cA. Yes, sit.

836

JouRNAL OF THE HousE.

Q. Which ones of them T
A. Possibly sometimes they might not be, for instance, I have ]mown in two_ or three offices may be some one in the office, my regular paying time is about 11 o'clock. I have noticed, for instance, the Secretary of State's office, they come around and sign for their porter.
Q. Who would T
A. Some one in the office.
Q. Don't you require the man who gets the money to sign for it!
A. If he is there.
Q. If he is not there do you turn it over to anybodyT
A. Not to anybody.
Q. Do you turn it over to anybody except the one who gets iU
A. By their giving a receipt for it.
Q. Suppose the party said he didn't have authority to sign for it, that they were not authorized to sign for it, what do you dot
A. We gene1.1ally know whether they were or not.

THURSDAY, JuLY 28, 1910.

837

Q. This is what you call a voucher here-payrolls for porters and laborers $123.47. I certify the above account is correct and just and service rendered, or for articles purchased as stated. J. L. Barron, Keeper Public Buildings. Received of the Public Building Department $123.47 in full of the above account, J. L. Barron," is that your idea of a vouched
A. That is the only way that I had to keep a record. I had to get it out of the bank. I didn't want to draw a check to myself, and consequently I signed this up to get it.
Q. That is your method of keeping up your account
A. Yes, sir, and this shows I paid it out.
Q. Here is another payroll of April, and your voucher is similar to the other one T
A. Yes, sir.
Q. These are .servants at the mansion, I see they are witnesses by Mrs. Brown T
A. Yes, sir.
Q. Warren Butler, Clara Elder, David Elder and Anna Pulley!
A. Yes, sir.

838

JouRNAL oF THE HousE.

Q. You say the number of the cheek is 563 T A. Yes, sir.
Q. That is your check? A. Yes, sir.
Q. You colleeted $23.33 and handed it to Mrs. Brown?
A. I sent it over there in an envelope for that purpose.
Q. And she ,says these papers signed showing that they were paid?
A. Yes, sir.
Q. She seems to have been particular each one got the money signed it?
A. They do sign it.
Q. Here is the salary of the engineer. You got that in form and he signed the voucher himself?
A. Yes, sir, they all sign them.
Q. I see he signed thaU A. Yes, sir.

THURSDAY, JuLY 28, 1910.

839

Q. His salary is $50.00 1
A. No, sir, they are paid twice a month, on the 15th and the last day of the rri.onth.
Q. Here is the fireman, George Howard, in favor of him, and it is receipted -by W. B. WHson, per George Howard
A. For George Howard-Wilson is the engineer and he came and signed it.
Mr. Hill: Number 30 here, in the check you write $15.00 and you put $50.00 down here in figures, how is thaU
A. It should be fifty dollars, I suppose-you can look at the check and see.
Mr. Hall: You drew that money yourself!
A. Yes, sir.
Q. That is for $50.00?
A. Yes, sir.
Q. How many guards are employed in the cap-
itol Y
A. Five.

840

JouRNAL OF THE HousE.

Q. How many on in the day 1
A. Three.
Q. How many at night?
A. That is, including the Captain of the guardsand two at night.
Q. Who fixes the pay for those guards?
A. Recently, I don't know who-I carried it along like it was.
Q. You found it ther~and you continued it as you found iU
A. Yes, sir.
Q. How often have those guards been changed since you have been in office 1
A. They change practically every two monthssome of them-the guards at night I change every two months.
Q. How often the day guards change?
A. Sometimes two every t":o months and sometimes three months.
Q. Who puts them on 1
A. I usually-if you will allow me to make an explanation, 1 usually about the 20th of the month to

THURSDAY, JuLY 28, 1910.

841

give me plenty of time before the guard'stime is out, go and ask the Governor who he wants appointed,
and he tells me who to appoint, if he wants some one,
and if he does not, he le.aves it to my discretion. 1 have the applications on file and usually select from them.
Q. Unless the Governor has some one person he leaves it to your discretion to make a change in. the guards every two months in the day and the night guards every three months T
A. He does not st,ate that.
Q. That is the custom of it 1
A. Yes, sir.
Q. Do you know how long that custom has ob- tnined T
A. No, sir; I know it has been so about a year since I was here.
Q. Do you know when you went in office that was the custom to change the guards?
A. I have heard it was, I don't know; I have heard that they were put on every two or three months.
Q. Do you know how many employees at the Ex-

842

JouRNAL oF THE HousE.

ecutive mansion are carried at the expense of the StateT
A. Yes, sir.
Q. How manyT
A. Four.
Q,. What do that-what do they doT
A. One of them is classed as butler, one cook and driver and maid.
Q. Are they classed that wayT
A. On my payrolls they me.
Q. Do the records show how long they have been carried in that way
A. I have no record except my own.
Q. You didn't get any records T
A. Except thiF book and my predecessors' cash book.
Q. That don't indicate how servants are carried at the Executive mansion T
A. No, sir; I never saw one of those payrolls, I mean one of his payrolls.

THURSDAY, JuLY 28, 1910.

843

Q. Where did he file them!

A. I don't know.

Q. What did he do with the records of his office outside of these books!

A. I don't know.



Q. All he turned over to you was this cash book and ledger when you went into office.

A. And a lot of keys.

Q. I mean in the way of records?

A. Yes, sir, that is all he turned over to me; he didn't turn anything over to me he just left them . there on the desk.

Q. When that man delivered the office to you T A. Yes, sir.-

Q. He turned over the office to you T A. Yes, sir.

Q. And these books were in the desk aud he delivered them to you that way?
A. He didn't say anything about turning over anything to me except some keys.

844

JouRNAL OF THE HousE.

.'

Q. That is all that he mentioned was the keys T

A. That is all that I remember, he might have
went over and said something to me about the differ-
ent books, but this is all that I had any use for-I never had any use for those books.

Q. Where abouts are they 7

A. If they were left there they are there yet. I suppose that they were left there in some of the old drawers, some of them I have not opened.

Q. Don't you know these records of the expenditure of money is important to be preserved T

A. I guess so.

Q. You don't know what books are in the office T

A. No, sir; I know one of his cash books are there, and a cash book Mr. Hall had when he was there, that is all that I have ever looked at.
Q. What employees about the capitol are paid froll\ your office, are all the porters employed in the various departments T
A. No, sir, not all of them.
Q. The Supreme Court porters and the Court of Appeals porters?
A. Yes, sir, one Court of Appeals porter.

THURSDAY, JuLY 28, 1910.

845

Q. Are the porters for the State Library!
A. Yes, sir.
Q. Are the porters for all the other offices in the capitol T
A. All except the Prison Commission, and the State School Commissioner and Department of Agriculture.
Q. How do they pay their force T
A. I don't know.
Q. You don't know T
A. No, sir.
Mr. Hill: What salary do you pay the watehman at the capitol T
A. Fifty dollars a month.
Q. On February 3rd you paid N.C. Williams ten dollars!
A. Yes, sir.
Q. And on the 28th a receipt from him for $20.00, how is that?
A. Sometimes one or two of. the old guards will come to me and ask for a payment, but I am careful

846

JouRNAL OF THE Ho.usE.

to see I don't pay them over .the fifty dolla,rs a month; if they work ten days and want ten dollars, there have been a few times I have paid them that way

along, but I have never paid them over their money

coming to them.

: ..

Mr. Hall: Do you know how many porters are

paid'through your office in the State capitol ... ' ' ~ ' ~:..

.~, ; < ~ ...

A. Yes, sir.

Q. How many? A. Nine.

Q. These porters are not changed very often 1

A. No, sir.
,,.,.....
Q. They are kept where they are satisfactory?
A. Yes, sir.

Q. . They,,have hardly been changed since you h11ve been in office at all?

A. I don't know of a man that has been changed.
I don't know of a one that has been changed.
'i
Q. Do you know what they are paid 1

A. Yes; sir.

1 'i.'

, .. 1 ...

rrHURSDAY, JuLY 28, HHO.

847

.' A. Forty dollars a month.

Q. Each one? A. Yes, sir.

. Q. Who fixes the~r salary?

':A. I don't know, I found it there; and''one porter

in the building is paid $7.50 extra. ;;



\

Q. Which one
A. The porter in the treasury department.
'
Q. What is his nam~ 1

A. Peter McMichael.

Q. . Why is he paid $7.50 extra by check 1

-

J:



.

..

.!

'A. . There are several reasons why he is paid $7:5()
by check for the reason he is paid tha:t mU:ch-'--I was asked to raise his salary to fifty dollars a month. -

Q. Have you got theTight to do it?

A. I didn't take it-I possibly had the right, but

I didn't know.

r.r

Q. Did you raise his salary 1

848

JouRNAL OF THE HousE.

A. Yes, sir, I raised it to $47.50 after a conference with the Governor.
Q. You raised it to $47.501
A. Yes, sir.
- Q. What was the reason t
A. He is reported to be a faithful old negro, and they all had a lot of confidence in him, he has been
here 39 years, and I was asked to raise it and l
didn't do it until I talked to the Governor about it.
Q. Who made the request of you to do itT
A. Mr. Brown, the treasurer.
Q. Why is it he is paid the forty dollars on the payroll and then $7.50 by check t
A. The forty dollars on the payroll-you cannot pay one negro porter more than you can another one without a whole lot of dissatisfaction, and that is the only reason in the world.
Q. How was that check made out t
A. It is made to him direct.
Q. Does he endorse itT
A. Yes, sir.

THURSDAY, JuLY 28, 1910.

849

Q. Does he give any receipt except the endorsed checkT
A. Yes, sir; here is a voucher he signed for it.
Q. He signs that extra besides the check T
A. Yes, sir; I think that has been only a couple of months.
Q. You do it that way to keep from making dissatisfaction among the other porters!
A. T'hat is the only reason.
Q. What other employees do you employ T A. Mr. Allen, has under his charge, the Captain of the guard, four negro men and two negro women.
Q. Who appoints them 1
A. I think three of them were already here, and sometimes-there bas been once or twice, one of those negroes has been discharged.
Q. 'Vho did it 1 A. I did it.
Q. At whose request!
A. Mr. Allen's.

850

JouRNAL OF THE HousE.

Q. 'l,hey are kept pretty regular all the time?

A. I think there has been only one or two changes since I have been here.

Q. You made it at the request of the Captain ofthe guard, under whose control they are1

A. Yes, sir, he reported one that was not satisfactory.

Q. How much coal do you purchase

.-1

A. It was agreed we would take 600 tons:

Q. How is that coal purchased 1

A. I purchased the coal just after I had been in office.

Q. HowT
A. I had letters from the different coal men here in town, and of course, each one would come and see me personally and tell the advantages of his coal;
and I spoke to the Governor about it, I didn't want to
take the responsibility of purchasing the coal of that amount without talking to ~omebody, and I talked to the engineer about it also, and then I asked a good many in the building about the coal that had been bought here for several years, they had been buying a special coal for several years, I asked them if it had been giving satisfaction and they said it was, and

THURSDAY, JULY 28, 1910.

851

they priced that cheaper than any other that was classed as the same coal, oand I bought it.
Q. Did you have any record of the bids 1
' '
A. Yes, sir.
. Q.. The bids are here showing what each one bid T A. Yes, sir.
Q. How much a ton did you pay for the coal 1
A. $2.90 delivered.
Q. Did that include the coal for this building and the Executive mansion T
A. Yes, sir.
Q. Who s-aw to the weighing of itT . A. .The weights were sent here, the tickets for each load, sent here to the engineer.
Q. . Did the engineer check those weights so as to know that they were correctT
A. I understand it came over the city scales.
Q. Did it have any certificate from the city weighed
~. No, sir.

852

JouRNAL OF THE HousE.

Q. You had no way of determining whether you got the amount of coal that you bought!
A. It was pretty evident I got that amount, it was about the same amount that hap. been bought here for years.
Q. Has there been any check kept on the weight of the coal at all?
A. None except the man that we bought from.
Q. You bought by his weights?
A. Yes, sir.
Q. You bought about 600. tons of coal and bought by the weights of the man that sold it without knowing whether they were correct or not?
A. I don't know that I would say that, but it is like buying anything else, and I will state that it was my information that it c~me over the city scales, and I think the engineer will bear me out in the statement, he had been buying coal from them for years and they were a perfectly reliable firm.
Q. Who is the engineer, Wilson?
A. Yes, sir.
Q. How was that coal paid for?
A. By check.

THURSDAY, JuLY 28, 1910.

853

Q. Who drew the check 7
A. I did.
Q. Where abouts are your receipts for that coal 7
A. Two payments of $750.00 on that book there, and one for the balance,in a voucher here-I can look through and find it.
Q. You have only one voucher and the other receipts?
A. That is a receipt there.
Q. That is the form of it that you call a voucher there?
A. Yes, sir.
Q. Do you expend any money of the public prop~ erty fund for anything else on the ordinary repairs of the building and mansion and on the capital and to the payments of servants and water and gas T
A. I buy some furnishings for the different officers.
.Q. You have no author.ity to buy them from the
Governor?
A. I don't go to the -Governor with every little matter that. comes up.

854

JOURNAL OF THE .HOUSE.

Q. Wha(do you mean by little matter T

A. If a person wanted a chair fixed, for instance.

Q. When you go and make an independent purchase do you pay for it without authority from the Governor?

A. If it is needed in the room, for instance, at one time here. there were some filing cabinets in the Governor's office that. I bought on request of the Secretary.

Q. You didn't mention it to the Governor!

A. No, sir.

Q. You have the accounts showing all that T

A. Yes, sir.

. Q. On your ledger and day book T

A. Yes, sir.

Q. Are they all carried on your ledger and day

book!



A. Yes, sir.
Q. I mean every cent, does your ledger and day book show for iU

A, Yes, sir, it shows the amount of each thing..

'l,HURSDAY, JULY 28, 1910.

855

Q. And what for and to whom paid 1

A. It might be well for me to state right here, that this book here gives the place for the date and voucher and number, and engineer and fireman and porters salary, water, fuel, lights and contingencies. Now, I had to go back ov.er my check stubs and find what that was.

Q. "F at the capitaH"
A. Furnishings at the capitol, and "R'.' repairs at the capitol. I had to go over that in making out my "report, there is n"o space on the book for it.

Q. What was the amount paid out for the repairs made on the capitoH

A. Painting and plumbing -and brick and carpenter work, $2,490.90.

Q. Those are the ordinary repairs T

A. Yes, sir.

Q. How much did you pay out on that special appropriation on these extraordinary repairs, decorating and carpeting~

A. I didn't pay that at all.

Q. Who paid that, the GovernorT

.I '

856

JouRNAL oF THE HousE.

A. I understand it was paid on Ex~utive war-, rant.
Q. Those things didn't pass through your office at all?
A. No, sir. Q. You had no connection with them? A. Not with the paying. Q. Did you have any connection with them at all? A. Under the direction of the Governor I did.
Q. What connection did you have with them 7 A. I advertised for the bids. Q. Were the bids submitted to you T A. Yes, sir.
Q. What did you do with the bids then T A. I kept them until a certain time when they were to be opened and notified the bidders.
Q. Who .opened them T A. I pulled them open. Q. In the presence of whom T

THURSDAY, JuLY 28, 1910.

857

A. In the presence of the Governor and the bidders.
Q. Who awarded the bid T
A. The Governor.
Q. All in the world you had to do was to advertise for the bids, receive them and convey them to the Governor, that was all T
A. Yes, sir.
Q. That was your sole connection with that matterT
. A. Yes, sir:
Q. You had no other connection with that special appropriation at all f
Q. The money didn't pass through your office at allY
A. No, sir.
Q. That was entirely under the control of the Governor?
A. Yes, sir.
Q. Do you know how many yards of carpet were boughU
A. No, sir.

858,.

JouRNAL OF THE HousE.

Q. ,You don't know what price was paid for it 1 A. No, sir. Q. You have the bids here in writing A. Yes, sir. Mr. Brown :-Who superintended the work? A. The work was under the supervision, the decorating, of Mr. Dainelly, an architect. Q. The Governor employed an architect A. Yes, sir. Q. Do you know his initials? A. W. T. Daniels. Q. Does he live here in Atlanta T A. Yes, sir.
Mr. Hill:-Was S. W. Frey a watchman here at the capitol?
A. Yes, sir.
Q. Do you know anything about what price was paid for those carpets of your own knowledge T
A. No, sir, I don't know a thing about what price

THURSDAY, JuLY 28, 1910.

859

or how many yards. I think the Governor's message explains that a little better than I could: ''Each contract was let by bids, suitable advertising being made and full opportunity offered all who desired to make estimates. In order to insure the most accept,able results in the matter of repairs and decorations I thought it wise to reject all of the first bids submitted for that part of the work. The work being of a highly technical nature 'a reliable and skilled architect was employed to prepare specifications and engaged to supervise the work under which, after advertising throughout the State bids were again submitted and opened, the contract being let to the lowest bidder.'' One reason was the specifications I drew were not quite full enough, and another was, the Governor didn't think, and no one else who had the matter in mind at all, that the bidders understood exactly what was wanted; there was such a wide difference between the highest and lowest bid, that was the reason, and possibly my speci,fications were not full enough. They are here.
Mr. Hall:-Do you know what you pay for the lights at the capitol T
A. No, sir, not without referring.
Q. Do you know what you pay for lights at the mansionT
A. No, sir.

860

JoURNAL m' THE HousE.

Q. Get for the Committee an itemized statement, sometime during this hearing, of what you pay for lights at the mansion and lights at the capitol. Can you get it upT
A. Yes, sir.
Q. Not right now but some future timeT
A. The lights bills vary allalong.
Q. How much do you pay for fuel altogether T
A. The usual coal bill, and some wood, I think we have bought possibly two cars of wood since I hav; been here, may be only one.
Q. What is that wood bought forT
A. To burn in the boilers.
Q. What is the amount that you paid for coal 1
A. $1,642.74.
Q. What do you mean in addition to that coal, steam heat at the mansion T
A. That is the steam heat from the Georgia Railway and Electric Company, and that is in the winter and I included it in the light bill.

THURSDAY, JuLY 28, 1910.

861

Q. In addition to the coal they have steam heat at the mansion 1
A. Yes, sir. Q. How is the mansion heated by the steam heatT
A. It is heated both by steam and open fire places.
Q. They can use the steam1
A. Yes, sir, the same as this building.
Q. The steam heat that heats the mansion is furnished by this corporation here T
A. Yes, sir.
Q. Have you got any idea how much of that fuel is used at the mansion1
A. About 25 or 30 tons.
Q. Is that used for grates or cookingT
A. I don't know whether they use it for cooking or not, I suppose they do as I have not been called on to buy any wood there at all.
Q. The State furnishes the Governor fuel for cooking?
A. I don't know where the coal is used, but I sup-

862

JouRNAL oF THE HousE.

pose it is used there as I have not bought any wood

for the mansion.



:Mr. Brown :-Any gas used there 1

A; Yes, sir.

Q. Is that used for cooking?

A. I don't think so; I am sure they don't cook with gas.

Mr. Hall :-Did Mr. Tumlin turn you over mol).ey when you come into office Y

A. Yes, sir.

Q. $6.597

A. Yes, sir.

Q. You didn't know you didn't have any right to receive it from himT

A. No, sir.
Q. He turned it over to you?

A. Yes, sir.

Q. He took it out and says here is $6.59?

A. I don'-t think he did, I think he just left it in the bank and transferred it to me.

THURSDAY, JULY 28, 1910.

863

Q. That is .all he left in there?"
.! .
. A,...,Yes, sir..
' .. :,.
:,J~. Doy~mJrnow whether anybody checked his acco~nts before he went out of office or not at all 7
.... :~ .....r:: ,
A. I noticed on his check book where they were checked by Mr. Hicks, I think.

Q. One of the clerks!

A. That statement is on some of the pages and cash book.

Q. You didn't balance them 7

A. No, sir.

Q. You didn't find whether he owed any more than that or not!

A. No, sir.

p.-... '

Q. To what date is this report brought down T

A. June 22nd, inclusive.

Mr. Jones:-! suggest in view of the charge and investigation if he desires to make any further statement about it that he do it now, if you all are through examining him 7

864

JouRNAL OF THE HousE.

A. Mr. Chairman and gentlemen of the Commit-
tee, I have not got anything to say to the Commit.
tee. The charges would imply, of course, there i.s something wrong in my official conduct, and my books and vouchers and everything is here before you, and my cash book is here, in reference to everybody that
I dealt with, and if you want to get witnesses, there
are their names, that I have paid any money to, and not only that, if the CoiiliJlittee desires it I will be glad to give them a list of names of people that l have been in any prospect of dealing. with since I have been in office.
Mr. Hall :-Do you know what Mr. Hall's name is!
A. J. A. Hall.
Q. He lives at Calhoun 1
A. I think he does.
Mr. Brown :-At the time that you were appointed to this office, how many applicants were there!
A. I don't know, I never did see any of them, I heard, of course, there were a good many, but I never did see an application.
Q. Have you had any friction with any of the applicants 1
A. Not that I know of-no, sir.

THURSDAY, JuLY 28, 1910.

865

Q. Do you know who gave Mr. Watson the information on which this investigation is being h.eld, the name of the person 7
A. No, sir.
Q. Do you know of any information that would lead us to the discovery of that information T
A. No, sir, except what I have seen in the newspapers; I don't know of my own knowledge who wrote it or how you would get at it.
Mr. Davis :-Have your accounts been audited!
A. No, sir.
Q. Have you all the books kept in the office, together with your ca~h book, and have you got the contracts and vouchers and checks all here!
A. Yes, sir.
Mr. Davis :-I move that we secure a competent officer to have these books and accounts audited, and have a report of that officer to us his findings, as ear1y as possible.
Mr. Hall :-I think that is an absolutely necessary thing, and I suggest that that audit cover all the books in that office, back of this incumbency, all the other accounts in that office.

866

JouRNAL OF THE HousE.

Mr. Davis :-The legislature and this Committee could recommend to have it audited, but we are dealing particularly with Mr. Barron's administration, and the mixing of the accounts of other people would impede this matter, and I beg Mr. Hall not to insist on that.
Mr. Hall:-We have got to do it in order to get any idea about it. I don't suppose this system as developed here is satisfactory to any member of this Committee, and we want to go back and see what he found here, and what system was there before, and compare those accounts as found there, with those here now.

Mr. Hill :-You said there were no books turned over to you showing what the parties here were paid, did you take their words for it1
A. Yes, sir.
Q. What they said they were gettingT
A. Yes, sir. Mr. Tumlin stayed in there with me a day or two and helped me make out my payroll. I don't want you to understand me to say he didn't turn any books over to me, but he didn't say, this is my cash book, and this is my other book, but if he said anything about them at all, I don't remember it.

'J.'HURSDAY, JULY 28, 1910.

867

Q. He gave you the names of the laborers around the capitol and what he had been paying them T
A. Yes, sir.

Q. And what he had been paying them 1

A. Yes, sir.

Q. Will you give me the bill rendered here, 502, March 16, 19107 (If you can't findit never mind.)

,

Mr. Davis :-I insist on my motion to have the vouchers of Mr. Barron audited during the time he has been in charge.

Mr. Keith :-I will put the motion. (Which wns put and carried.)

Mr. Keith :-I will refer the getting of the auditor, with the power to secure his services and contract with him, the same as they did in securing a stenographer.

Mr. Davis :-I don't see that we can accomplish anything further, and I believe we have got to the initial point, where we can arrive at some conclusion, and I move this Committee adjourn subject to the call of the chairman.

Mr. Pierce:~What relationship have you with R. F. Duckworth and John LeeT

868

JouRNAL OF THE HousE.

Mr. Hall :-'-I would like to know how that comes before this Committee.
Mr. Keith:-I should not think that would be a pertinent question.
Mr. Hall :-Unless there is some reason for it I don't want to go into the Duckworth and Lee business.
Mr. Pierce:-My information is that Mr. Watson charged these gentlemen had something to do with Mr. Barron's employment.
Mr. Hall:-Are we going on Mr. Watson's charge at all T
Mr. Pierce :-No, sir, entirely independent. I am informed r. Watson says those gentlemen knew of the truthfulness of the matter.
Mr. Keith:-I don't understand Mr. Watson said these gentlemen knew of it.
Mr. Pierce :-I am only asking the question at the request of a gentleman, a member of the House, who is not a member of this Committee.
Mr. Davis:-We have a right to investigate the conduct and official duties of Mr. Barron, and whatever the investigation discloses let us follow the discovery until we reach the end of it.

TnuRSDAY, JuLY 28, 1910.

869

Mr. Hall :-There is another important matter, in view of the testimony, as to our power. As I understand it we are only authorized to investigate the conduct of the keeper of public buildings. Under his testimony as to the expenditure of this other money by the Governor, I would like to take the sense of the Committee, as. to how far we have a right to go into that investigation. It appears that Mr. Barron has no connection with that matter whatever from his testimony that the whole matter was in charge of the Governor. I don't understand from this resolution we are authorized at all to investigate the conduct of the Governor.
Mr. Davis:-! don't see why.
Mr. Hall:-Because the Legislature didn't give us the power.
Mr. Pierce :-I have only the information that Mr. Watson charged we could prove the truth of his charge.
Mr. Hall :-If you have the resolution I would like 1o have it read.
Mr. Keith :-The secretary of the Committee is not present and he has it.
Mr. Brown:-We might go this far: When. we investigate and find Mr. Barron had no connection with that we can stop; however, we will look into the

870

JouRNAL oF THE HousE.

matter and see whether or not he bad anything to do with it.
Mr. Keith :-I understand we are to employ an accountant and report on Mr. Barron's books and expenditures.
Mr. Pierce :-I am not asking the witness anything in reference to the conduct of the Governor but his relations entirely to these two gentlemen.
Mr. Keith :-I don't think those gentlemen are on trial before the Committee.
Mr. Pierce :-If the witness desires to answer it he can do so or not.
Mr. Keith :-He can make any statement he desues.
A. As far as my connection with Mr. Lee I don't know that I have any, any more than !know him and regard him as a friend of mine, as I do Mr. Duckworth.
Mr. Pierce :__:_Have you ever had any connection with those gentlemen in connection with your office~
A. No, sir.
Mr. Hall :-Did you ever employ anybody at the instance of Mr. Lee or Mr. Duckworth. '
A. No, sir.

'11HURSDAY, JULY 28, 1910.

871

Q. Anybody on their recommendation T
A. No, sir.
Q. Have you ever bought or contracted any bills with anybody at their suggestion or recommendation?
A. No, sir.
Q. Never contracted any account with anybody on account of their request or recommendation T
A. Not that I recall; I can not recall that either one of them ever mentioned it to me.
Q. How often has Mr. Lee and Mr. Duckworth been in your office 1
A. They have been there possibly four or five times in the last year.
Q. Did they or either of them have anything to say to you about the conduct of your business or expenditure of your money T
A. Never.
Q. Do you know whether the men you have dealt with, that they know anything about them at all, or have any connection with them1
A. No, sir.

872

J (>URNAL OF THE HousE.

Mr. Davis :-Have you in your possession the bids offered by the various parties in response to the advertisement for the work and material at the capitol here?
A. Yes, sir.
Q. Why did you award the bids to the parties that did the workT
A. I didn't award the contract.
Q. Who didT
A. The Governor.
Q. And you simply paid the money?
A. No, sir, the Governor paid it; I simply advertised for the bids.
Mr. Hall:-You did not hear his testimony on that point. He has already testified he had nothing to do with it except to advertise for the bids, and that he opened them in the pr~sence of the bidders and the Governor in the Governor's office, and that was his connection with it.
Mr. Brown:-! move we adjourn subject to the call of the Chairman.
(Which motion was put and carried.)

THURSDAY, JuLY 28, 1910.

873

July 18, 1910.
The Committee met in pursuance to the call of the Chairman, Mr. Keith, and received the report of the auditor, which is hereto attached, marked Exhibit A.
The Committee adjourned till tomorrow afternoon at 3 o'clock.

July 19, 3 p. m.
The Committee met in pursuance to call of the Chairman and announced that Mr. A. M. Walker, Sr., who had been subpamred to appear ~efore the Committee, was present.
Mr. Hall:-I move he be sworn. (Which was done.)
Mr. A. M. Walker, Sr.
Mr. Hall :-Look at that writing attached to that letter here. Did you ever see the original letter of which that is a copy?
Answer: I decline to answer that question.
Q. This letter reads as follows: ''Mr. Watson: During the past year, large sums of the people's money has been spent at and on the capitol, in repairs, refurnishings, etc., etc. If you will have the

874

JouRNAL OF THE HousE.

legislature to appoint a Committee of investigation to look into the affairs and conduct of the office of Keeper of Public Buildings and Grounds, there will be some rich, rare and racy developments, which will show Lee Barron up in his true colors, and prove the unwisdom of Mr. Brown in placing such an irresponsible person in such an important position, just to please Ducky, and the Union City bunch. I would suggest that said Committee ascertain if certain contracts let by said keeper, for repairs and improvements, were not paid for at one price, and charged up to the State, at a much larger figure; or, in other words, if there has not been a collusion between said keeper and said contractors, to the effect that if said keeper would award certain contracts at a certain figure, be would be entitled to, and receive, a certain amount from said contractors. (Don't you see)

Also let them ascertain if guards, porters, and other employees named have not been kept on the "pay roll" and their salaries drawn regularlywhen they were not in the service of the State in any capacity. Coal, wood, water, gas, electric lights and other "bills and contracts" should be fully investigated.

I merely put you on to these things. There is surely something dead up the branch. The water needs 1:o be filtered.

Atlanta, Ga.

Yours truly

THURSDAY, JuLY 28, 1910.

875

Mr. Hall :-Q. Now, Mr. Walker, on what grounds do you decline to answer 1
A. I think I have a legal right to decline.
Mr. Anderson :-Did you write a letter of which this is a copy-1
A. I decline to answer that question.
Mr. Hall:-Q. Have you ever had any communication with Thomas E. W a!tson in reference to Mr. Barron, the Keeper of Public Buildings and GroundsT
A. I decline to answer that question also.
Q. You know anything of Mr. Barron's conduct of the -office of Keeper of Public Buildings and GroundsT
A. Of my own knowledge I do not.
Q. Do you know anything against him m the management of that officeT
A. Nothing whatever. .
Q. Have you ever made any charge in your life aga.inst Mr. Barron's conduct in his office T
A. I don't know that I could answer that question.

876

JouRNAL OF THE HousE.

Q. Do you know whether or not you have?
A. I may, and I may not have made it.
Q. If you made a charge of corruption in his office you would have known iU
A. I don't think I have made any charge of corruption against him.
Q. Did you ever write a letter in which you suggested there should be an investigation of his conduct in the office of Keeper of Public Buildings and Grounds!
A. I also decline to answer that.
Q. Haven't you charged, if the investigation was made, there would be some rare, rich and racy developments and show the man up in his true colors 1
A. I don't think that I have.
Q. Haven't you criticised the Governor for placing him in an office and placing an irresponsible person in an important position?
A. I may have done so.
Q. If you did you would have known it, wouldn't you 1 Answer the question whether or not you criticised, in writing, the Governor for placing him in that position.

THURSDAY, JULY 28, 1910.

877

A. If it is in writing the writing will show it.
Q. You know whether or not it is in writingT
A. I don't know whether I do or not.
Q. You know whether you ever wrote it!
A. I decline to answer that question.
Q. Didn't you suggest that a Committee of investigation-
Mr. Hall :-I object to the attorney being per-
mitted to suggest to the witness-
Mr. Anderson :-I don't know exactly on what grounds the objection is made, but it seems to me we could scarcely refuse to permit a witness to confer with his attorney.
Mr. Hall : - I never knew of 'Such a thing when a witness is on the stand. Of course he can confer with his attorney.'
>:Mr. .Anderson :-I don't think any of us ever knew of it before.
Mr. Hall :-I don't object to his conferring with Mr. Womble, but I object to Mr. Womble's sitting there~ Look at thd letter and state if you didn't write that letter of June, 6, 1910.

878

JouRNAL OF THE HousE.

"ATLANTA, GA., JUNE 6, 1910.
''Gov. JosEPH M. BROWN :
''I notice your announcement for re-election in yesterday's Constitution. In your race two years ago I did all that I could for you and in return for time and money spent and services rendered I asked you to give me the appointment of Keeper of Public Buildings and Grounds. You disregarded my application and gave the position to 'a young man.' Ignoring the claims of aH veterans, in order to en-
deavor to capture the Farmers' Union influence, and
even refused or neglected to return my testimonials after being earnestly requested and promising to do so. I feel that you have treated me unfairly and unjustly, and I shall now do all I can to defeat you.
''Do not flatter yourself with the idea that it was your ability or your popularity which elevated you to the highest position you now occupy-far from it -it was a peculiar train of circumstances and conditions which never existed before in the political history of this State, which have passed ~way, and the people now fully realize their mistake, which they are anxious to correct.
"I have letters in my possession, which will surprise you, if made public. I shall apprise Thomas E. Watson of all the facts in my possession, and from time .to time, you will hear from me, through the city and county press.

THURSDAY, JuLY 28, 1910.

879

''The people of Georgia will never honor a man with the highest office in their gift, who is vice-president and a director in a bank that returns its property for taxation at only forty cents on the dollar. Selah.
Respectfully,

A. I decline to answer that question also.
. Q. Is your hand-writing signed to that letter!
A. I decline to answer that.
Q. Did you write that letter to Governor Brown 1
A. I decline to answ,er.
Q. Did you ever suggest a certain contract was made for repairs and improvements that were paid for at one price and charged to the State at a much larger figure 1
A. I decline to answer.
Q. Or in other words, there has been a collusion between said Keeper and contractor to the effect if said Keeper would award said contractor the. bid he would be entitled to and receive a certain amount of said contract.
A. I de<"line to anr-~wer.

880

JouRNAL OF THE HousE.

Q. Also any guards and porters and other employees names have been put on the payroll and their salaries drawn when they were not in the employ of the State in any capaci,ty T
A. I decline to answer it.
Q. Have you ever known of any guards, or other employees on the payroll who did not render. any service?
A. Of my own knowledge I do not.
Q. Have you any knowledge of it from any one else!
A. I decline to answer that.
Q. Have you ever heard from any one that there were any guards or other employees who were carried on the payroll of the State and who did not render the service for which they were paid T
A. I decline to answer.
Mr. Anderson: Q. Have you any such knowledge of your own T
A. No, sir.
Mr. Hall: Q. Do you know anything in reference to any contract for coal, wood, water, gas, or

THURSDAY, JuLY 28, 1910.

881

electric lights, or any other contract, under the Keeper of Public Buildings T
A. No personal knowledge.
Q. Have you ever heard from any body there was anything wrong with them?
. A. I decline to answer.
Q. Have you ever heard it suggested that there was anything wrong in the Keeper of Public Buildings in these contracts T
A. I decline to answer that.
Mr. Anderson: Q. As I understand from your statement and position you have no personal knowledge of your own of any misdoings on the part of the Keeper of Public Buildings and Grounds T
A. No, sir, I have none.
Mr. Hill: Did you refuse to give the name of the party who told you anything about the Keeper of Public Buildings T
A. I didn't say anybody told me.
Q. Would you recognize your hand writing if you saw it Do you know your hand writing?
A. I write several different styles.

882

JouRNAL OF THE HousE.

Q. Examine this and see if this is yours f
A. I decline to answer.
Mr. Anderson: Q. Do you know of any person whom this Committee could summon before it who of their own knowledge would testify to anything or any conduct on the part of the Keeper of Public Grounds which would show that he has been guilty of any graft in connection with any repairs or improvements that were done in this capitol building, or that would show he awarded any contract at certain figures and would receive a different amount from the contractor, or who could testify before this Commiitee that he had guards, porters, and other . employees who were paid who were not on the payrolls, and also that any purchasers of coal, wood, water, gas, and electric light bill-have you got any knowledge of the names of any persons that this Committee could subpana before it to establish these things of your own knowledge T
A. No, sir.
Q. Do you know anybody that could give us the names?
A. N.o, sir.
Mr. Hall: Q. Were you an applicant for the present position of Keeper of Public Buildings and Grounds now occupied by Mr. Barron T

THURSDAY, JULY 28, 1910.

883

A. I decline to answer that.

Q. Do you know whether you were an applicant

.Jr notT



_\. The records will show whether I was or not.

.Q. Do you know whether you were an applicant . or notT

A. I simply decline to answer it.

Q. Do you know your name T (No answer).

Mr. Anderson: Q. Did you make any bid on any contract for any repairs or for coal and water and gas and other supplies furnished to the capitol buildingT

A. No, sir.

Mr. Hall: Q. Where do you liveT A. I live in Atlanta.

Mr. Hill: Q. Did you ever live in Upson

countyT

I. 'I

A. Yes, sir.

Q. Mr. Barron also liveq up there T

A. I think so.

884

JouRNAL OF THE HousE.

Q. Do you know Mr.. Allen, a member of this Committee?
A. I know him when I see him.
Q. He is sitting over there now?
A. Yes, sir.
Q. Didn't he endorse your application for Keeper of Public Buildings Y
A. I decline to answer it.
Q. Can you write?
A. I can when I try_.
Q. Can you re<!ognize what you do write-if you write it you don't know whether you did it or notdid anybody write that letter there and you sign it!
A. I decline to answer that.
Q. Have you got an attorney?
A. I don't comprehend your meaning.
Q. Have you got an attorney before this Committee advising with you?
A. Yes, sir.

THURSDAY, JULY 28, 191().

885

Q. Has he told you when to decline to answer and when notT
A. Yes, sir.
Mr. Anderson: Q. On what grounds do you decline to answer T
Mr. Hall: I move the Committee go into executive session.
Mr. Hill: I move we excuse Mr. W-alker and attorney and then excuse the attorney.
Mr. Womble: Mr. Chairman and gentlemen of the Committee, I want to make this explanation in this matter why he declines to answer. You have not got this man on trial at all, and the questions you propounded to him are irrelevant to the investigation that you are under now and irrelevant to the quest~on you propounded to this witness.
Mr. Hall: Who determ~nes that question T
Mr. Womble: Your Chairman and the Committee.
Mr. Hall\ I never heard in my life of a witness declining to answer a question because it was irrelevant. You understand your witness, Mr. Womble, is up against a serious proposition; he is in contempt of the House of Representatives, and that body has the po.wer to imprison the witness just as a court has.

886

JOuRNAL OF THE HousE.

We do not want to go to extremes, but unless these questions are answered the House has the authority to confine this witness in jail for the balance of the session.
Mr. Womble: I don't think the witness is in contempt of this Committee or of the House for these reasons: Who are you investigatingT You are investigating the acts and doings of Mr. Barron. The question is propounded by Representative Hall in this case and does not illustrate this issue in the least.
Mr. Rosser: Hasn't every question been upon the conduct of Mr. Barron T
Mr. "\Vomble: Possibly as to the writing, but I want to state this in reply to the gentleman, while this question is propounded from Mr. Hall I say it is immaterial to the issue.
Mr. Rosser: \Vho determines that 1
.
Mr. Womble: This Committee, and whether or not Barron is guilty of the charges made in this case.
Mr. Boyd: You reco~1ze the authority of this Committee to examine any witness in this matterT
Mr. Womble: I recognize this Committee has authority to examine any witness according to the principles laid down, and they may do so.

THURSDAY, JULY 28, 1910.

887

Mr. Rosser: Who determines that~
Mr. Womble: 'l'he law.
Mr. Boyd: We could examine any witness in the State that knew anything about Mr. Barron's office!
Mr. Womble: Yes, sir.
Mr. ;Boyd: Are not aU these questions directly touching the conduct of Mr. Barron 1
Mr. Womble.;_ No, sir, because the only questions that you can go into and go by would be the vouchers and acts and records in Mr. Barron's office.
Mr. Hill: You mean to say we cannot ask him if he brought any charges against Mr. Barron T
Mr. Womble: He does not admit that.
Mr. Hill: 'Ve have a witness to prove his own hand-writing.
Mr. A. M. walker, Sr.: I would like to make this statement; in my answers I have not had any intention of placing myself in cO'Iltempt of the Committee or the House of Representatives, and I would not do an)'1thing knowingly wrong.
Mr. Ke~th: The Chair would be obliged to hold the witness could not be compelled to answer any 1uestions that would incriminate him.

888

JOURNAL OF THE HousE.

Mr. Hall: I move we go into executive session. (Which was carried, and the Committee weD!t into executive session).

ExECUTIVE SESSION OF CoMMITTEE.
Mr. Hall: This is a serious matter and I am sorry f.or this man. He has put himself in a serious position, but I think with these charges he would have a right to have the questions asked him and we have a right to have the questions answered, and it is up 'to this Committee to send for him and notify him what the consequences are. I don't suppose any member of the Committee considers for a moment the objection made by his attorney, and I move we send for the witness and notify him we will have to
bring the matter of his contempt to the attention of
the House.
Mr. Anderson: I appreciate the views expressed by the gentlemap. from Bibb, but it seems to me we ought to go rather slow about this business of bringing this witness back and fordng him to answer. This witness has testified here before us that he has no personal knowledge of anything in the shape of graft or wrong doing.
Mr. Hall: He said he had heard it.
Mr. Anderson: When I asked him the question }je said he had no personal knowledge of wrong or

THURSDAY, JuLY 28, 1910.

889

graft, and I asked him .the question, do you know the names of any person whom this Committee could summons as a witness who could prove to us these things, and he said, no, he did not. Now, I think all we can get out of this witn,ess we have gotten out of him. I feel as the rest of the gentlemen, that the witness has not been frank with this Committee and that he has not acted properly before the Committee. He is the man that wrote the letter, and he is the man that applied for the position, and be is the man who bid on these contracts, because I have information to that effect.
Mr. Hall: Where did you get that from 1
Mr. Anderson: I got it. I asked him if he made a bid on the contracts and he said he did not, and my information is that he was a bidder and then threatened to write up the whole business; and it looks to me as though this witness has gone back on his statement, and it seems now he has no knowledg~ of his own.
Mr. Boyd: I, like the other members of the Committee, don't know what procedure we are to follow, but it does strike me a Committee appointed to investigate a matter of this kind bas certainly as high a dignity as a Justice of the Peace, and in asking a question of this witness which is absolutely material in the investigation, and the witness declines to answer it, it is up to the Committee to say whether or not they have not got the power or desire to force

890

JouRNAL OJo' THE HousE.

answers when a witness simply sits down and refuses to give any testimony. .I don't like to be on a Committee if we haven 't got any power to do anything.
Mr. Keith: Could we .afford to make him answer questions that would incriminate him before a trial court.
Mr. Boyd : I don't think so. He don't put his refusal,to answer on that ground. He puts his refusal to answer on the ground it was immaterial. I don't think that we can compel a witness to testify to anything that would incriminate himself, but he don 't put it on that ground.
Mr. Anderson: All that I have to suggest is this, if our record shows this man testified he has no personal knowledge of any of these matters and he don't know anybody who ,bas, then I think we want to be dead sure what we are doing before we go ahead. I' think he ought to be punished, but if he has testified io that as a witness, that is all we can get out of him.
Mr. Davis: I am not a lawyer, but simply a layman, but the way it looks to me is that this Committee has fulfilled ilts mission, and I think we have gone as far as the circumstances will warrant it.
Mr. Hall: This Committee determined at its last meeting that it would examine each one of the employees on these payrolls. The Committee resolved on that at the last meeting, and I see a statement in

THURSDAY, JULY 28, 1910.

891

the paper this afternoon where Mr. Watson says we are dodging the issue.

Mr. Davis: As far as I am concerned, Thomas Watson's suggestions or threats have no weight on me. I want to discharge my duty as a member of this Committee.

Mr. Hall: I move the witness be brought back, and that he be prompted and informed of the action o{ the Committee, and if his attorney wants to con~ult with him he can go outside or can him aside and do so, but I object to the attorney sitting by the witness and telling him what to say.
Mr. Rosser: I second the motion. (Which motion was carried).
Mr. Brown: The investigation here is like a court, a man is not compelled to answer anything that would incriminate himself.
Mr. Keith: I have ruled that.
End of executive session.

A. M. WALKER, SR., re-called:
Mr. Keith:. Mr. Walker, the action of the Committee is that they object to Mr. Womble prompting and answering fo~ you or sitting by you while you

892

JouRNAL OF THE HousE.

ar~ being examined. You can consuli with him any time J!OU desire.

Mr. Womble: The Committee rules the attorney cannot make objections to questions asked T
Mr. Hall: No, the attorney has a night to make objections.
Mr. Keith: The Committee don't think you have a right to answer questions for the witness. I will also state, Mr. W a]ker, the Chair has ruled you cannot be forced to answer any questions that would incriminate you on the trial of a case in court.
Mr. Hall: I will ask you again, now, did you ever see the original letter of which that is a copy T
Mr. Womble: I object to that. If this is a copJ of the .original you can get the original before the Committee.
Mr. Keith: I should think they would have a right to ask him the question if he wrote a letter of which that is a copy.
Mr. Hall: Answer the question. Look at that letter and see if you ever saw a letter of which that is a copy.
Mr. Womble: The objection 1s interposed as I stated.

THURSDAY, JULY 28, 1910.

893

Mr. Hall: Did you ever see the original letter of which this is a copy that has been shown you and which you have read?

Mr. Womble: I object to 1:he question for this reason, that this is only a copy, if a copy at all, and the original is undoubtedly in the possession of Mr. Watson, and it can be secured from him by a subpama du ces tecum, and for 1:hat reason I object to it.

Mr. Keith: The Chair rules the question is pertinent.

Mr. Hall: Have you ever seen the original letter of which that is a copy?

A. I have.

Q. Who wrote it? A. I did.

Q. You charge in that letter that large sums of the people's money have been spent on the capitol repairs, etc?

A. I did not make any charges. I never intended

]t as a charge and merely suggested what the letter

said.

-

Q. Have Y'OU any knowledge of any facts that show it was unwise on the part of Governor Brown

894

JouRNAL OF THE HousE.

in placing such an irresponsible person as 'Mr. Barron in an important position T
Mr. Womble: I object.
Mr. Keith: I will ()Verrule the objection.
Mr. Hall: Q. Have you got any facts to show the Governor placed an irresponsible man in that position T
Mr. Womble: I object to that.
Mr. Keith: I will rule the question is pertinent~ as the witness stated he wrote the letter of which this IS a copy.
Mr. Browri: I don't know Mr. Walker, but that appears to me to be merely an opinion.
Mr. Hall: I want to know the facts on which it was based. Did you know any facts on which you based this statement on T What facts did you base that statement on, that Mr. Barron was an irresponsible' person appointed by the Governor to an important office T
Mr. Womble: I object to that.
Mr. Keith: I will overrule the objection.
Mr. Hall: State the facts that you based that sta.tement on.

THURSDAY, JULY 28, 1910.

895

A. I don't know that I can state any facts.
Q. You know of no facts going to show that he is an irresponsible man T
A. I don't know that I do.
Q. None in your knowledge
A. No, sir.
Q.. Do you know whether he was placed there to please Mr. Duckworth and the Union City bunch!
Mr. Womble: I object to tha:t.
Mr. Keith: I think that if he can give any light on it he can do so.
Mr. Hall: I will withdraw the question. Did you state that a CommFttee or suggest that a Committee ascertain if eertain contracts were made by said Keeper for repairs and improvements were not paid for at one price and charged up to the State at a larger figure 1
Mr. Womble: I would like to sit by Mr. Walker, but not to tell him what to say, but in order to expedite this matter.
Mr. Keith: You hear the request, gentlemen.

896

JouRNAL OF THE HousE.

Mr. Hall: I object. You have adJ:llitted that you made these charges and wrote this letter Y
A. Yl()u understand that was not intended when that letter was written as making charges, but merely as suggestions.
Q. We are not trying you and we want to get from you wh8Jt you based the c.harges on so as to give us some means, if there is any ground for investigating them, to get at them.
A. And I oold you before I have no personal knowledge.
Q. The charge is made 'that certain contracts were let by said Keeper for repairs and improvements and were paid for at one price and charged up at a much larger :figure. Did you have any personal
. knowledge of the truth of that charge?
A. No, sir.
Q. Was it based upon anything you heard from anybody?
A. lt was based on what I had seen from the papers and general talk about town.
Q. Do you know of any persons that you ever heard make the charge Y
A. I never heard any charge made.

THURSDAY, JULY 28, 1910.

897

Mr. Womble: I object to .that as heresay.
Mr. Hall: Mr. Womble, this is not a court, but an investigating Committee. We are not trying the witness, but simply trying to find if there was any foundation for this charge so we could run it down and get at the bottom of it.
Mr. Womble: There are rules laid down, and I never heard of a rule that you oould go into testimony by heresay testimony in any court or investigation or anything else.
Mr. Hall: Can you recall the name of a single person that ever said these con~racts were let at one price and paid for and charged to the State at another?
A. I cannot now.
Q. You do not recall the name of a single person you could give to the Committee?
A. No, sir.
Q. Can you recall ever hearing anybody saythat distinctly that these contracts were let at one price and charged toJhe State at another?
A. No, sir, I don't know that I can.
Q. Do you know of any collusion between the Keeper of Public Buildings and these contractors to

Ml9

898

JouRNAL OF THE HousE.

the effect that if said Keeper would award certain contracts at a certain figure he would be entitled to and receive a certain amount from them~
A. No, sir.
Q. Did you ever hear anybody make any such
statement~
A. I don't know that I have.
Q. Can you recall any person that you ever heard say so?
A. No, sir.
Q. Have you any reason to believe any such thing was done?
A. I don't know that I have.
Q. Why did you make the statement 1
A. I would like to state those statements were made, not as charges but merely as grounds for an investigation on the enormous expenditures as reported throu~h the press and talked here in town :tt the capitol.
Q. Who talked it~
A. Just common street talk, I heard it a number of times.-

THURSDAY, JuLY 28, 1910.

899

Q. You do not recall anybody you heard talk it?
A. No, sir, and I cannot say what papers that I saw it in. I saw several articles in regard to the expenditures in the press.
Q. You say "let the Committee ascertain if guards, porters and other employees have not been kept on the payroll and their salaries drawn, regularly, when they were not in the servi~e of the State in any capaci{y.'' On wihat was that statement based?
A. I don't know that I could explain to you.
Q. Do you know of any guard or porter ?r other employee that has been kept on the payroll when they were not in the service of the State in any capacity?
A. I don't know of any.
Q. Have you ever heard any such thing?
. A. I have heard it talked.
Q. Who talked iU
A. I cannot give you their names-:-1 don't know "their names.
Q. You know anybody at all that you could sug-

900

JouRNAL OF THE HousE.

gest to the Committee, any person who could give us any information on that subject 1
A. No, sir. Q. You say you heard it talked at the capitol
h~ret
A. Yes, sir.
Q. In the buildingT A. Yes, sir.
Q. Where were you when you heard it talked 1 A. Different places-! heard it talked in front of the Treasurer's office.
Q. Who was presenU A. I don't think anyone except the man that I was talking to.
Q. Was that PeterT A. No, sir, a white man.
Q. . Who was he T A. I don't know his name. Q. Did you ever see him before T

THURSDAY, JuLY 28, 1910.

901

A. Yes, sir, many times.
Q. Would you know him again T
A. I don't know.
Q. Was he an employee here in the capitoU
A. As a guard, I think. Q. When was thaU A. Before Mr. Barron came in. Q. Before Mr. Barron came iii T
A. Yes, sir, or afterwards, I don't know which. I am not positive whether it was before or after.
Q. He couldn't make the charge against Mr; Barron if Barron was not here T
A. I .told you be made no charges against Mr. Barron.
Q. Your letter made these ooarges.
A. No, sir, it was merely intended as suggestions.
Q. You don't know whether it was before or after Mr. Barron came in that you beard tbis thing was doneT
A. No, sir.

902

JouRNAL OF THE HousE.

Q. About what time was it?
A. About .that time.
Q. Was it Mr. Tumlin?
A. No, sir, it was not him.
Q. What wer:e you talking about? A. Just of general matters here in the capitol.
Q. Mr. Tumlin was Keeper then T
A. Yes, sir.
Q. You don't know whether he was talking about Tumlin or Barron, the man that you were talking with!
A. No, sir, my memory is treacherous in that way. I cannot remember dates.
Q. But he was an employee himself at that time and a guardT
A. Yes, sir.
Q. What did he say? A. My recollection is that he told me that there were guards and porters kept on the payrolls here that were not in the service of the State.

THURSDAY, JuLY 28, 1910.

903

Q. Did he mention the names of any that you recall T
A. No, sir.
Q. Did he mention any number of them Y
A. No, sir.
Q. He didn't say how many there were?
A. No, sir, or how few.
Q. Is that the only man that you ever heard talk
itT
A. No, sir, I have heard intimations from other parties, but I cannot recall it now.
Q. Was that some one else in the capitol T
A. I wouldn't be positive whether it was here or elsewhere.
Q. Do you know anything about any contracts for coal that he has made?
A. None whatever, I know nothing of any -contracts for anything that he has made.
Q. Did you ever hear anything about any contracts that he made for coal or wood or water or gas and electric lights, or any other bills and contracts1
A. No, sir.

904

JouRNAL OF THE HousE.

Q. You never heard anything wrong about t11osef A. I don't think I have. Q. From anybody 1 A. I don't think I have. Q. Have you ever made any bids? A. None at all. Mr. Womble: Objection IS made to all this as heresay testimony. Mr. Hall: Didn't you make a bid to do any of this work on the capitoU A. No, sir. Q. Do you know anybody that did? A. No, sir. Q. Or whose bid was refused T A. No, sir. -Q. You made application for the position of Keeper of Public Buildings and Grounds T A. Yes, sir. Q. You were refused!

THURSDAY, JuLY 28, 1910.

905

A. Yes, sir.
Q. When did you make it?
A. I couldn't give you the date.
Q. State if you wrote that letter.
A. Yes, sir.

Q. This is your handwriting in this letter to Governor Brown 1

A. Yes, sir.

Q. Did you write that letter before or after you wrote this letter to Mr. Watson T

, A. That letter was written before, as the dates will show.

. Q. Why did you write this letter to Mr. 'Natson without any information whatever, making these serwus charges of corruption against a public officer?

Mr. "\\"'"omble: The response goes in under objections and he answers it under protest.
Mr. Hall: Why did you make these charges if you had no information on which to base them of corruption against a man in officeT

906

JouRNAL OF THE HousE.

A. I have stated several times they were not made or intended as charges. I state that as preliminary to what I will say now. I had been requested by Mr. Watson that if I could get anything or suggest anything that would give him ammunition against this Union City bunch to do so, and under the influence of that letter I wrote suggesting that he investigate this matter.
Q. Have you got that letter from Mr. Watson?
A. I may have it at home.
Q. That was the effect of it?
A. Yes, sir.
Q. Who do you mean by the Union City bunch T
A. I suppose Mr. Barron was one of them. I will state further, Mr. Watson a number of times in his paper had spoken of those parties as the Union City bunch.
Q. You referred to one as "Ducky," who was that?
A. Mr. Duckworth.
Q. Who were the others?
A. I suppose Mr. Duckworth and Mr. Barron and Mr. Lee. ~hat was my idea.

THURSDAY, JuLY 28~ 1910.

907

Q. And that was the motive that prompted you to write the letter?
A. Yes; sir.

Q. You never intended to make these charges against Mr. Barron?
A. No, sir.
Q. You never expected that letter to be presented to the General Assembly
A. No, sir, I expected if there was anything in them Mr. Watson would get at it in a private way and see if there were any grounds for it.
Q. You never intended those charges should be made public?
. A. No, sir, I marked my letter on the left hand corner of the envelope "Private and Personal," and then that was on the envelope and in the letter I wrote just above the name "Strictly Confidential."
Mr. Hill: Q. In other words, you made the charges privately which you did not dare to make publicly?
A. I did not make any charges at all.
Mr. Hall: Q. I understand the letter that you

908

JouRNAL OF THE HousE.

wrote, of which this is a copy of the one you sent Mr. Watson, was marked "Strictly Confidential."
A. Yes, sir.
Q. And it was never your purpose to expose that to anybodyT
A. No, sir, it was intended for him and him alone.
Mr. Hill: Q. Did Mr. Watson first write you or you him?
A. I cannot say that.
Q. Do you mean to say Mr. Watson wrote you in regard to Mr. Barron T
A. He wrote me in regard to the Union City bunch.
Q. Mr. Barron didn't live at Union CityT
A. No, sir, but he is considered one of them.
Q. Did Mr. Watson first write you or you to Mr. Watson T
Mr. Womble: I object to that, as the letters will show and it has been answered.
Mr. Hall: You state in your letter to the Governor-

THuRSDAY, JuLY 28, 1910.

909

A. That has no reference to this matter at all.
Q. You say here "I have in my possession letters which will surprise you if made public and I shall apprise Thomas E. Watson of all the facts in my possession, and from time to time you will hear from me through the city and county press.''
A. That had nothing to do with this matter; that refers to another thing.
Mr. Keith: You didn't have this controversy in mind at aliT
A. No, sir, it was an entirely different matter.
Mr. Hill: Was this letter here that you wrote to Mr. Watson dated before or after the letter that you wrote to the Governor T
A. The 'dates will show.
Q. You say in this letter here "I shall apprise Thomas E. Watson." Was that at Watson's request or your own idea T
A. I have already stated plainly that had no reference whatever to the Barron matter.
Q. Are you a correspondent of Watson's paperT
A. No, sir.

910

JouRNAL OF THE HousE.

Mr. Womble: I object to that as irrelevant.
Mr. Hill: Are you and Mr. Barron on friendly terms
Mr. Womble: I object to that as irrelevant.
Mr. Keith: I will rule the question relevant.
Mr. Hill: What is the state of your feelings towards Mr. Barron1
A. I have nothing against him whatever, and for your information I will state we have been on friendly terms.
Q. And 'are now
A. No, sir, I met him this evening and be passe<l and didn't speak to me.
Mr. Keith: You have no ill will towards him?
A. No, sir.

Mr. Hall: I move now that Senator -Womble be beard from if be desires.
Mr. Womble: Mr. Chairman and Gentlemen of the Committee: I want to state to you Mr. Barron is a resident of my county and we have been raised together, practically, in the same community, and I

TuuRSDAY, JuLY 28, 1910.

911

know him; and Mr. Walker lived in my county, and I wanted the truth to be known in this case, but as to the legal phraseology of this case, and no one knows it better than Judge Hall, that I came in as the representative of the witness that in the future he might be protected, and that is my position now, and I think it has been well gone into on that line.
- I want to state you have the facts in this case as he states them, which I knew of, but at the same time I knew your Committee had to go into executive session and compel him to answer these questions and until that time I stood by him as his attorney, as his protection to the courts of our State should be maintained.
Mr. Hall: And you advised him to answer the questions when he came back
Mr. Womble: Yes, sir, and now so- far you havegot the truth from this witness, and if you want it further you can get additional matter.
Mr. Hall: Mr. Walker is there any other fact that you know
Mr. walker: No, sir, I don't know that there is.
l\Ir. Hall: Is there anything else you want to state
Mr. \Vorrible: Now, as-to Mr. Barron, I believe this as to him and what I know of him, that every-

912

JOURNAL OF THE HousE.

thing on his books and vouchers will be found straight and square, because I have known him a long time.
Mr. Hall: We have a report here to that effect.
Mr. Womble: I am glad to know it.
Mr. Hall: Is there anything else Mr. Walker you desire to say T
Mr. Walker: I will state this: It was never my idea or intention to bring any charges against Mr. Barron. I knew nothing, as I said in the beginning of the investigation, of my own personal knowledge, but being requested by 'Mr. Watson to furnish him any ammunition that I might think would be valuable, it suggested the writing of that letter, and my idea was if on my suggestions, if you will read that letter you will see it starts out by saying "I suggest,'' and I thought he would get some friend in the Legislature, or some member of this Committee to look into tihe matter and see before making it public, or any todo over it as to whether or not there was anything wrong. I have seen in the papers exorbitant statements as to repairs and costs, and that led me to think if it was investigated he might get what he was hunting for, and that was the reason why I wrote the letter, not that I intended, and never have intended, to prefer or make any charges against Mr. Barron, 'but merely put him, as I stated in the letter, on to these suggestions that he might take hold of the

THURSDAY, JULY 28, 1910.
matter in his, Watson's way, and look into it and see whether or not there was anything wrong.
Mr. Keith: And you marked the communication "Personal and Private1"
A~ Yes, sir.
Mr. Hill: The same motive prompted you m .writing the letter to the Governor of June 6th T
A. It did not.
Mr. Womble: Now, you all have seen my purpose in this matter and I want the proofs in this matter. I wanted it in behalf of Mr. -Barron because he was my home man, more so than this man here (Walker) because he was raised in my county a~d I advised him (Walker) what to do as his attorney, and I believed when he declined to answer these questions that you would go into executive session and your Committee would require him to answer these questions, as you have done, and when you have done that I think you have done your full duty, and in order for Mr. Barron to be exonerated this is the only way that you could have done it.
The Committee went into executive session and on motion of Mr. Hall a sub-committee was appointed by the Chair to dra.ft a report to be submitted to the whole Committee to be presented to the House of Representatives.

914

JouRNAL OF THE HousE.

The Chair appointed as the sub-committee Messrs. Hall, Hill, Rosser and Brown.

The Committee adjourned to meet on the call of the Chairman.

GEORGE TuMLIN, sworn :

JULY 22, 1910.

Mr. Anderson: When did you become Keeper of Public Buildings and Grounds T

A. June 29, 1907.

Q. When you went in your office did you find the record of expenses had been kept in this book marked Public Buildings and Grounds T

A. I found it on a table lying in the office.

Q. You noticed your predecessor kept a record of his vouchers and expenses in this book T

A. Yes, sir.

Q. And you started on July or in July 1907 and .used the same book and at the end of July you discarded that book and transferred your July account and kept your other account in the voucher book?
A. Yes, sir, this is the system I adopted.

THURSDAY, JULY 28, 1910.

915

Mr. Hall: You adopted that yourself?
A. Yes, sir.
Q.. Each man makes his own system 7
A. Yes, sir; and every dollar that I spent there is a receipt for it. This is my cash book which corresponds with every voucher in there, and Mr. Hitt took my check book and vouchers and checked me up. Those leaves that are torn out there were torn out by me in making my report, as I had discarded the book.
Q. The leaves that were cut out were blank leaves?
A. Yes, sir.
Mr. Keith: 8ome of those leaves had been cut out before you got into office?
A. Yes, sir. I transferred my account fro~ the book where the leaves are cut out to the check and voucher book, and here are all .of them here in the receipt book.
Mr. Hall: Look over that lists of payroll of Mr. Barron and see if the salaries now being paid are the same as when you were in office?
A. When 1 came here rMr. Hall was paying the negroes as much as the white guards and I changed that; be was paying the porters ten dollars a week

916

JouRNAL OF THE HousE.

and cut the negroes' salaries five dollars a month
and put it on to the white guards, making fifty dol-
lars for the white guards, and the Captain of the guards sixty dollars, and Mr. Barron is paying the same to the guards and porters that I paid.
Q. As I understand the system adopted in the office when you came here was for the Keeper of Public Buildings fixed the pay of guards and portersT
A. That was my understanding. I consulted Govemor Smith about it.
Q. But still you fixed it 1
A. Yes, sir, I fixed it myself, and I called Governor Smith's attention to the negroes getting as much as the white men.
Mr. Keith: What were the negroes getting when you came in?
A. Forty-five dollars, and I reduced it to forty dollars a month, and increased the whitess from $45.00 to $50.00.
Mr. Anderson : Look over that list and see whether or not there are any more guards and porters employed now than what you had?
A. I have five all the time, and during the Legislature I had six.

THURSDAY, JuLY 28, 1910.

917

Q.. WhatT A. Five guards all the time.
Q. How many guards has Mr. Barron T A. Five.
Q. What about the other people there, the watch. men and porters T
A. The watchmen and guards are the same thing, two night men and three day men.

Q. The man at the treasurer's office is a guard T A. Yes, sir.
Q. You paid the same thing to the guards that Barron does T
A. Yes, sir. Q. And as to the :negroes they are porters T A. Porters and laborers. Q. And you paid the same thing Barron pays T A. Yes, sir.
Mr. Hall: These porters are employed by each one of the departments T

918

JouRNAL OF THE HousE.

A. Yes, sir, that is a privilege left to them, at the same time I understood the Keeper of Public Buildings had a right to discharge them at any time, which I did.
Q. But the custom is to allow the porters to be employed by the departments 1
A. Yes, sir.
Q. How did you pay the servants at the mansion when you were here~
A. I sent the money up there in an envelope and each servant's name was on the envelope and the' amount due him, and I sent the payroll up there with the names and amount opposite each and each servant signed the payroll, and Mrs. Smith signed it as a witness.
Committee adjourned subject to call of Chairman.

M. H. DouTHIT, sworn:

JULY 26, 1910.

Mr. Pierce: Q. Are you connected with the firm of Davison-Paxon-Stokes Co.?
A. Yes, sir.
Q. Did you have any connection with the bids made by your firm on specifications furnished by Mr.

'l,HURSDAY, JuLY 28, 1910.

919

Barron for certain material to repair the House and

Senate?



A. Yes, sir.
. Q. Is that a copy of the specifications furnished you?
A. Yes, sir.
Q. Are those such specifi~ations as any up-todate, modern manufacturing concern handling carpets could have complied with?

A. Yes, sir.

Q. That represents your hid on the contract?
A. Yes, sir.
Q. From those specifications you understood what they wanted?

A. Yes, sir.

Q. You submitted a sealed bid T

A. Yes, sir.

Q. That was opened in the presence of the Governor?

A. Yes, sir, and in the presence of all the carpet men; we were all there in a body.

920

JouRNAL OF THE HousE.

Q. Was Mr. Barron also present T
A. Yes, sir.
Q. Did Mr. Barron know anything about what your bid wasT
A. No, sir.
Q. Did you help get up these specifications?
A. There were several of us, I think, most of the carpet men that came over here and talked the matter over about the different things to be used, so we could bid on the same thing.
Q. From the information furnished you did you, or any other bidder, have any advantage T
A. No, sir; there were several of us that made suggestions to Mr. Barron as to certain kinds of carpets.
Q. That was before the specifications were formulated?
A. Yes, sir.
Mr. Brown: Q. Did you have any understanding amongst yourselves on which certain ones would bid on certain portions of the work?
A. No, sir.

THURSDAY, JULY 28, 1910.

921

Q. Neither one of you knew what the others were bidding?
-
A. I did not know what any of the others were bidding, arid I don't suppose they knew what we were bidding; they did not to my knowledge.
Mr. Keith: Q. It has been c.harged that Mr. Barron got a rake off; there was nothing of that kind that you knew anything abouU
A. No, sir, I know he got the carpet much cheaper than we would have been willing to furnish it.
Q. Your bid did not include a rake-off?
A. No, sir.
Mr. Pierce: Q. Your bid was about $2,000 more than the lowest'bidded
A. About a thousand. If anybody got a. rake-off it must have been the State.

J. B. RoBBINs, sworn:
Mr. Pierce: Q. Were you connected with the firm of J. Jv[. High & Co. about February 15, 19101
A.. Yes, sir.

92.2

JouRNAL OF THE HousE.

Q. Did you have any connection with the bid or specifications made out by Mr. Barron T
A. Yes, sir.
Q. Did you obtain a copy of them for the purpose of bidding on the contracU
A. Yes, sir.
Q. Did you help furnish the information from which these specifications were formulated T
A. Yes, sir.
Q. Did your house make a bid T
A. Yes, sir.
Q. Is that the bid your house made? A. Yes, sir.
Q. Were those such specifications as any well equipped, up-to-date carpet establishment could have complied with T
A. Yes, sir.
Q. How did you bid on this work, to furnish the carpet and such other things specified Y
A. A complete job, as required by the specifications.

THURSDAY, JULY 28, 1910.

923

Q. To whom was your bid delivered 7
A. First, I think, to Mr. Barron and it was handed to the Governor sealed.
Q. And that bid was opened when the other bids were opened 7
A. Yes, sir.
Q. Did you have any inside information other than what was contained in your bid
A. No, sir.
Q. No private information of any kind T
A. No, sir.
Mr. Keith: Q. There was not a rake-off or rebate figured directly or indirectly for Mr. Barron T
A. There was not. There was a party that came and made the statement that he would take the job for 10 per cent more than the lowest contractor, and that he could get the contract or bid.
Q. Who was that?
A. A gentleman who was to take it for 10 per cent. less and get the order for 10 per cent. more than the amount of the bid if we would give him the bid.

924

JOURNAL OF THE HousE.

Q. Who was that? A. I don't know who he was.
Q. Was that subsequent to the filing of the bid T A. Yes, sir.
Q. What is that statemenU A. He agreed to take the order for 10 per cent. more th_an the lowest bid if we would give him our bid and we would get the order.
Q. He said he would get the order if you would have the bid T
A. Yes, sir.
Q. Was that after you made your bid? A.. No, sir.
Q. You don't know who that was? A. No, sir, he didn't talk to me, he talked to Mr Goldsmith.
Q. Does Mr. Goldsmith know the person 1 A. Yes, sir, I think so. Q. What are Mr. Goldsmith's initials T

THURSDAY, JULY 28, 1910.

925

A. H. M. Goldsmith, and he lives at 448 Washington street.
Q. What was your firm to get out of itT
A. I don't remember, they were to get" something out of it. We didn't. put any credit in his proposi.tion or consider it.
Q. Did Mr. Barron make that proposition to you T A. No, sir.
Q. Anybody around the capitolT A. No, sir.
Q. Did the gentleman state the proposition came . from Barron 1
A. No, sir.
Q. When was this proposition madeT
A. I believe the day before the bid was to be submitted.
Q. You hadn't submitted your bid at that timeT A. No, sir.
Q. And he said if you wouldn't bid that he would

926

JouRNAL oF THE HousE.

get the contract for 10 per cent more than the lowest bidderT
A. Yes, sir.
Q. Do you know anything that would throw any light on this investigation of t.he eharge of Mr. Barron having received rebates for the purpose of securing the contract T
A. No, sir. Mr. Goldsmith spoke to the Secre-
tary and Treasurer, Mr. G. C. Jones, and they conferred over the matter.
Q. Over that proposition Y
A. Yes, sir.
Q. Who of your firm, other than the gentleman named, saw this person there?
A. I don't know whether Mr. Jones saw him or not ; he was there twice I believe.
Q. tMr. Hill: Q. Did he say this same proposition had been made_ to the prospective bidders?
A. No, sir, not that I know of.
Q. Did your firm do the work?
A. No, sir.
Q. Why didn't your firm accept the proposition?

THURSDAY, JULY 28, 1910.

927

A. They didn't consider it reliable and didn't care to go into that kind of a deal.
Q. He said if you wouldn't bid he would get it for 10 per cent. more than the bid, and you could do the work?
A. Yes, sir.
Mr. Rosser: Q. And he felt sure he would get the job?
A. Yes, sir.
Q. He spoke with authority like the chief priest and elders?
A. He spoke like it.
Q, What inducement did he offer you for you to stay out?
A. Nothing but a courtesy.
Q. Was there anything that came from Barron directly or indirectly t
A. No, sir.
Q. You don't know whether the gentleman who made this proposition was representing Barron or some one else 7
A. No, sir.

928

JOURNAL OF THE HousE.

Q. You don't know the party 1 A. No, sir. Q. Does he lie in this vicinity f A. I don't know where he came from.

PERCY RICH, sworn.
Mr. Pierce: Q. Are you connected with the firm of Rich Bros. & Co. 1
A. Yes, sir.
Q. Did you help furnish certain information to Mr. Barron in regard to the carpet here at the capitol from which he got up specifications T
A. I was in th~ room when it was done.
Q. Did you make a bid on itT A. Yes, sir.
Q. Where did you get your copy of specifications fromT
A. It was mailed to me by Mr. Barron.
Q. Is that a copy of itT A. Yes, sir.

THURSDAY, JULY 28, 1910.

929.

Q. Are those such specifications that any carpet house could have complied with T
A. Yes, sir.
Q. Did you have any other information other than this!
A. No, sir.
Q. How was your bid submitted 1 A. In writing, and sealed up.
Q. Is that the original bid 7 A. Yes, sir, this is the original bid delivered to Mr. Barron and opened in the Governor's office.
Q. Did you pay anything for those specifications? A. No, sir.
Q. Did anybody try to keep you from bidding after you procured the specifications 1
A. No, sir.
Q. Did anybody give you any information as to how to bidT
A. No, sir.

930

JouRNAL oF THE HousE.

Q. Did you know what bids others were makingT

A. No, sir.

Mr. Keith: Q. No discount or rebate was figured directly or indirectly for Mr. Barron 1
A. No, sir.

Q. How much was your bid more than the others~

A. I think about five hundred dollars, we were about the middle man in the contract.

Mr. Jones: Q. Was there any effort from Barron, directly or indirectly, as to any rebate in case you received the contract T

A. No, sir.

Q. No intimation from him;

A. No, sir.

Mr. Rosser: Q_. Who told you to give the bid to Barron instead of the -Governor T

A. rMr. Barron said he was to get the bids and

take them to the Governor.



Q. Were all the bids opened in the presence of each of the bidders T

'l,HURSDAY, JuLY 28, HllO.

931

A. Yes, sir, all of the bidders were present with Mr. Barron and the Governor.
Q. You were all present when the bids were opened?
A. Yes, sir.

E. S. KENDRICK, sworn.
Mr. Pierce: Q. Were you connected with the firm of Chamberlin-Johnson-DuBose Co. about Feb. 15, 1910?
A. Yes, sir.
Q. Did you ever go into a consultation with the various carpet men and Mr. Barron here at the capitol whereby specifications were perfected as to the furnishing of the carpets T
A. Yes, sir.
Q. Did you bid on the contract T
A. Yes, sir, I assisted in it.
Q. Have you ever seen a copy of those specifications before?
A. Yes, sir, those are the ones.

932

JouRNAL OF THE HousE.

Q. Who formulated those specifications T A. I' assisted in doing it, and I think the. y were drawil up in our office one day; Mr. Harron asked me to help them do it and to tell him what would be right, and he copied off the specifications and sent them to the different bidders.
Q. When were those specifications gotten up T
A. Two days before the bid was put in. I forget the date.
Q. When did you receive your copy of the spedfica tions, then and there T
A. I am not sure but what he left me one and took the duplicate, but if he did not he mailed it the next day I should say.
Q. How was your bid submitted T
A. It was a sealed bid brought here and handed to Mr. Barron and submitted with the others.
Q. Who was the r~presentative of your firm carrying on these transactions with Barron?
A. I assisted in the sale, and Mr. Jones, the man ager here, made the price and :figures, but we were both here at the opening of the bids.

THURSDAY, JuLY 28, 1910.

933

Q.. When did you figure these prices the first time, when Barron was making up the specifications T
A. We did not make any price at all.
Q. Were any prices furnished Barron while the specifieations w,ere going on T
A. No, sir, we hadn't measured the room then.
Q. At that time yo~ didn't know the number of yards in the room T
A. No, sir.
Q. Were you in any better position at that time to know what was wanted and necessary to fit those rooms than any other firm'
A. Not at all.
Q. Were you present with these other carpet men at the time the specifications were formulated Y
A. We were not in a party; we came along and Mr. Barron had to show us the room to be measured.
Q. Did you see that bid before it was submitted T
A. I don't think that I did; I would say no.
!!.Q. Was there any influence brought to bear on you to make the bid other than the fact stated in the .specin:cations?

934

JouRNAL oF THE HousE.

A. No, sir, not at all; in fact I didn't make the bid; Mr. Jones made the bid.
Q. So far as you know was there any inducement brought to bear to make you make the bid T
A. No, sir.
Q. Did you offer any inducement to Barron to furnish you any information before or after the bid was submitted T
A. No, sir.
Q. Have you, directly or indirectly, paid anything for the acceptance of your bid to Barron 1
A. No, sir, nothing of the kind ever suggested.
Q. Have you ever been approached by anyone not to bid at all T
A. No, sir.
Mr. Barron: Q. The question has been asked if ] furnished any information at all; I want to ask you and Mr. Kendrick if there was any information that I could furnish except what is included in the speci"' fications
A. No, sir; I wish to say this much, Mr. Barron assumed nothing about carpets or the kind or price or quality of carpets, and he said he could take no

THURSDAY, JuLY 28, 1910.

903

steps without the advice of the Governor, and we did not deal much with him, but all of our dealings were done dir~ctly with Governor Brown.
Mr. Pierce: Q. Do you know anything about the ac.ceptance of your bid or the rejection of any other bids?
A. Only that I was present when the Governor read them all out to us.
Q. I mean other persons than the Governor?
A. No, sir, it was necessary to keep away from other people because we were figuring for the job.
Mr. Jones: Q. Did your firm have knowledge of any other man's bid T
A. No, sir.
Q. Did you offer Barron, or any other person for him, directly or indirectly, anything to know anything about it?
A. No, sir.
Q. There was nothing of that kind occurred1
A. No, sir.
Q. Your bid was the lowest.?
A. Yes. sir.

936

JouRNAL OF THE HousE.

Q. And submitted and opened in the presence of the other bidders?
A. Yes, sir, all the bidders were present and they were opened and read in our presence, and when the Governor read them out Mr. Barron stood by.

. ... G. H. JONEs, sworn.
,Plt~ 4~.,.,.-; u,~,._~.;:~~--'"- ~ Mr. Pierce: Q. Were you connected with the
:firm of Chamberlin-Johnson-DuBose Co. on the fifteenth of February, 1910?
A. Yes, sir.
Q. Did you ever come to the capitol here in company with Mr. Barron and as~ertain what was necessary to carpet the Senate and House T
A. No, sir, I didn't come to see about it, Mr. Kendrick came over.
Q. Did you ever see a copy of those specifications?
A. Yes, sir.
Q. Were those specifications such as any well equipped, up-to-date furniture house could have complied with?
A. Yes, sir.

THURSDAY, JULY 28, 1910.

937

Q. Where did you obtain those specifications fromT
A. I don't remember exactly just where I got it, whether Mr. Kendrick brought it in and gave it to me or not.
Q. Were you present when these were drawn up ~:md formulated in the store?
A. Yes, sir, I did it.
Q. Was there anything mentioned about the price of these goods T
A. No, sir.
Q. Why were they drawn up in your store?
A. The different ones, I think, had talked it over as to what material they would use and the different fabrics, and I don't know why they were drawn up there.
Q. When Mr. Barron came did he have any data as to what he wanted?
A. At first there was submitted a plan or specification we could not go by because it was not definite enough; we could have gotten around the details of it, and I came over then to see Mr. Barron and told him to let us have the rooms by numbers so that we

938

JouRNAL oF THE Hom;~<:.

could not get around it, and then such material was to go in such a number of room.
Q. Do you remember the date on which you received this copy 1
A. No sir.
Q. Who drew up your bid T
A. I did. Q. Who knew of the contents of the bid T
A. I did. Q. Anyone else other than the attaches of your ('stablishment know itT
A. No, sir.
Q. Did Mr. Barron know iU A. No, sir.
Q. How was that bid made, in writing? A. Yes, sir.
Q. Who was it delivered to 1 A. I am not positive whether I delivered the bid or Mr. Kendrick, 'hut the bid was delivered sealed and I saw it opened.

THURSDAY, JuLY 28, 1910.

939

Q. When were you appraised that the contract had been awarded you?
A. In the Governor's office the day it was opened.
Q. Did any one ever approach you before your bid was made trying to get yo':l not to bid?
A. No, sir.
Q. Did any one ever approach you after your bid was made, trying to get you not to accept the contract?
A. No, sir.
Q. Was there any inducement offered by you to Barron to procure you certain information?
A. No, sir.
Q. Did you have any advantage of any other bidder?
A. None whatever.
Mr. Rosser: Q. Did any other prospective bidder ever talk to you before or after you submitted your bid?
A. No, sir.

940

JouRNAL oF THE HousE.

Q. None of these gentlemen that did bid ever saw you or your firm T
A. They never saw me about it.
Q. Any of the men who did bid on the workT
A. No, sir, not before.
Q. I mean before it was awarded T A. No, sir, I have talked with one or two since the bid was awarded.
Q. Were those conversations other than any business man would have had with another T
A. No, sir.
Mr. Jones: Q. You never gave Mr. Barron any rebate in order to secure this contract, or any other living man for him T
A. No, sir.
Q. No offer of any such?
A. No, sir.
Mr. Pierce: Q. And was never requested to do sot
A. No, sir.

THuRSDAY, JuLY 28, 1910.

941

Q. Is it possible some other person could have given a rebate other than you or Kendrick by which . you would have been in a position to have secured the. contract?

A. No, sir.

Q. Were you and Kendrick the only two repre~ sentatives of your firm who dealt with Barron in connection with itT
A. Yes, sir.

Q. What position did you occupy with Chamber-.

lin-Johnson T



A. Manager of the carpet department.

Q. What was Mr. Kendrick's position!

A. Assistant manager of the carpet department.

Mr. Barron: Q. Didn't I ask you, and possibly several others in your presence, if some one wou~d kindly copy the specifications for me!

A. Yes, I believe you did, as you said you had no stenographer.

Q. I said that I was not much of a typewriter myself!
A. I think you said something about not having a stenographer.

942

JOURNAL OF THE HousE.

Q. As to the bidder on the contract, woulq it make any difference whatever where a specification was drawn if all the bidders were furnished the sameT
A. No, sir, none whatever, in fact take a thing like that and they always have to get assistance from somebody, like I would in a lien that I knew nothing about.
Mr. Brown: Q. How were you paid for this workT
A. I don't know; I don't know whether it has been paid yet or not.

"\VILLIAM WILSON, sworn.
Mr. Pierce: Q. Did you ever procure a copy of that paper containing the specifications here for repairing and decorating the capitol buildingH
A. Yes, sir.
Q. From whom did you procure those specifications T
A. I got them from Mr. Barron's office.
Q. What was your object in getting them from himT
A. To make a bid on the work.

'l'HURSDAY, JULY 28, 1910.
Q. What is your business?
A. Decorating.
Q. When were these specifications obtained 7 A. I don't recollect the date, I think that I called up and asked him when they were ready.
Q. How did you submit your bid, in writingt
A. Yes, sir, it was sealed up and given to Mr. Barron, or delivered to his office.
Q. Were you present when it was opened T
A. Yes, sir, I was in the Governor's office when it was opened. I think a couple of days after I saw Mr. Barron I saw the specifications in the architect's office, in Mr. Downing's office.
Q. Were .these specifications such as an ordinary well equipped decorator could have complied with T
A. Yes, sir.
Q. Did you have any advantage over any other person?
A. No, sir.
Q. Did you give any pay for those specificationsT
A. No, sir. i.

: l-l-1

JouRNAL OF THE HousE.

Q. Did you pay anybody for any information before or after your bidT
A. No, sir.
Q. Did you ever give ~arron, directly or indirectly, anything to procure you the contra~t T
A. No, sir, my transactions were altogether with the architeet ; the contract was. made out and left at Mr. Downing's office.
Q. Where did you procure a copy of the specifications?
A. I got the specifications from Mr. Barron's office.
Q. Was that the only connection you ever had with Barron?
A. Yes, sir..
Q. Where was your bid submitted?
A. To Mr. Barron's. office and then when the bids were opened, in the Governor's office, Mr. Barron opened the bids and handed them to the Governor without reading .them.
Q. How many bids were submitted for this decorating work T
A. I think five.

THURSDAY, JULY 28, 1910.

945

Mr. Jones: Q. You are the one that got the contractT
A. Yes, sir.
Q. Did. you ever offer Mr. Barron anything as a Tebate in_ order to help secure the contract?
A. No, sir.
Q. Or any other person 1
A. No, sir.
Q. There were no offers made to you in ordei to let you get the contract?
A. No, sir.
Mr. Brown: Q. How were you paid? A. By the treasure-r.
Q. Governor's warrant?
A. Yes, sir, under a certificate from the architect. About all Mr. Barron did was to introduce me to one gentleman, who was a bidder for the work.

G. C. JONEs, sworn.
Mr.. Pierce: Q. With whom were you employed on or about the 15th of February, 1910?
'

946

JouRNAL oF THE Ho"GsE.

A. J. M. High & Co. Q. Are you in their employ now? A. Yes, sir, I am secretary and treasurer. Q. Have you ever seen the bid that you made for the carpeting, etc., for the Senate and House? A.. Yes, sir, I think that I signed it. Q. Is that your bid 1 A. Yes, sir. Q. Did anybody ever call on you in reference to that other than the members of your firm? A. No, sir. Q. Did anybody ever come to you and make a proposition to you to furnish this stuff to them so that they could get the bid 1 A. No, sir, not to me. Q. Did you hear any such propositionT A. Yes, sir. Q. \Vho was it made to1 A. I don't know the name, I could find out.

THURSDAY, JULY 28, 1910.

947

Q. How can you find out 1
A. I think Mr. Goldsmith can tell me.
Q. Did you hear the conversation 1
A. No, sir, Mr. Goldsmith came to me and told me the proposition, and I told him we couldn't consider it.
Q. When was that proposition made to you 1
A. Just before we handed in the hid, and when we heard that, we thought it was best to insist on the bids being opened in the presence of the bidders.
Q. Did you make that request?
A. Yes, sir; I called up Governor Brown and told him we had matters of this kind for the United States government and we always had our bids opened in our presence, and he said he didn 't know how it was to be done, and suggested that I call up Mr. Barron, and I did, and he was not sure about it, and I told Mr. Robbins not to hand in any bid unless it was opened in our presence.
Mr. Keith: Q. What was the suggestion of this fellow?
A. I don't know only from hearsay.
Q. Mr. Goldsmith is coming up hereT

948

JouRNAL oF THE HousE.

A. Yes, sir; my memory is that this party told Mr. Goldsmith he could put his bid in and he would guarantee to get, I think, 5 per cent. or 10 per cent. above his bid and we could pay him 5 per cent or 10 per cent. commission.

Q. He could secure the job at 5 per cent. or 10 per cent.more than you were willing to take it at?
A. Yes, sir.

Mr. Hall: Q. who was going to fill the contract?
A. He wanted us to fill it.

Q. And give him the percentage?

A. Yes, sir; stating he could get 10 per cent. more than our bid.

Q. If you would make your bid through him he could get 10 per cent. more than you were willing to get or do the work aU
A. Yes, sir.

Q. Did he know what you were going to do the work aU

A. No, sir. Of course I didn't connect Mr. Barron with any of this at all.

THURSDAY, JULY 28, 1910.

949

Mr. Keith: Q; Have you got any reason to believe Barron had any connection whatever with it?
A. No; sir; I don't know anything about it except it was a proposition we couldn't go into, and we declined it immediately.
Q. Mr. Barron never suggested any such thingT
A. No, sir; I never saw him until a moment ago. I talked to him over the 'phone.
Q. And you have no reason to believe this man was sent to you by Barron Y
A. No, sir; none in the world.
Mr. Hill: Q. Will you examine this carpet and state whether or not your bid was to furnish this class of material T
A. I don't know, .Mr. Goldsmith can tell you. That is not in my department, but I know Mr. Goldsmith told me we couldn't afford to fill the order at Chamberlin's bid.

Mr. Pierce: Q. I want to introduce these original bids and the original specifications so that they may go into the record.

950

JouRNAL oF THE HousE.

H. M. GoLDSMITH, sworn.
Mr. Pierce: Q. Were you employed by High & Co. about Feb. 15, 19101
A. Yes, sir.
Q. Do you know anything about a bid that was made by that firm for material to be furnished here in repairing the House and Senate chambers T
A. Yes, sir; we made a bid on it.
Q. Who made that bid for your firm T A. I did, or superintended it.
Q. From what source did you get the specificationsT
A. Mail.
Q. Are these the specifications 1 A. Yes, sir.
Q. Are they such as any well equipped, up-todate carpet house could comply with T
A. Yes, sir; I think so.
Q. Before making your bid were you ever ap-

/

'l'HURSDAY, JULY 28, 1910.

951

proached by anyone making an offer to prevent you from bidding?
A. No, sir, I was approached by some gentleman; I don't know that he wanted to prevent me from bidding, that claimed to represent some New York house.
Q. Do you know who he was?
A. No, sir.
Q. What was the conversation T
A. I can not recall exactly the conversation; it seems to me he told me these specifications had been sent out too late for him to connect with his New York bouse and get his bid in; that if I would furnish him my figures that he would getlO pet cent. more than my bid, provided I would give him 15 per cent. of the gross contract.
Q. Was he an Atlanta man T
A. I don't think he was; I never saw him before. I didn't think much of it and never paid much atten-
tion to him. He gave me his nam~ but I can not
say who he was to save my life now.
Mr. Hill: Q. How did be know he could .secure the contract T
A. I told him that I thought he was talking ridic-

952

JouRNAL OF THE HousE.

uo~sly; that they were to be opened in the presence of the bidders, and I didn't see how he could do it, and he .said you are a carpet man, and I said yes, ~md he said I am a politician.
Q. Did he say he had any conversation with the Keeper of Public Buildings here, or the Governor 7
A. No, sir.
Mr. Hall: Q. What was it he said 7
A. He said to me, if you will give me your bid, or proposal, for furnishing this capitol, I will give you 10 per cent. more than you bid, provided. you allow me 15 per cent. of the gross fee.
Q. There was no sense in it, was there 1
A. No, sir; I don't think so, and that was why I didn't pay any attention to it, it looked like to me he was a crank.
Mr. Pierce: Q. Was he a young man or old manY
A. He was a middle .aged man.
Mr. Keith: Q. Small man 7
A. I don't know. I went to the firm and laid the matter before them, and they said they didn't want

THURSDAY, JULY 28, 1910.

953

to have anything to do with such a man, and I never paid any attention to him.
Mr. Pierce: Q. Examine this carpet and see if you bid on that class of materiaL
A. Yes, sir ; that seems to be about the class of carpet called for.
Q. What was your bid in dollars and cents f
A. Five thousand forty-seven dollars and fiftyfive cents.
Q. This was the bid accepted T
A. Yes, sir; four thousand, eight hundred and ninety dollars and thirty-seven cents.
Q. You were both 'bidding on the same specifications?
A. Yes, sir.
Q.. There was only a few dollars difference between your bids 7
A. Yes, sir.
Q. You say any well equipped carpet hoilj'le could have complied with the specifications?
A. Yes, sir. That is a very close bid on that bill

954

JOURNAL OF THE HousE.

of stuff. I know that I didn't figure to make anything out of it.
Q. Did you help get up the specifications 1
A. No, sir, my assistant did; Mr. Ro-bbins came here in company with two or three others and agreed on the grade of carpet stuff that would be bid on. They gave them the different makes and brands and grades and they then issued the specifications.
Q. So that every man knew exactly what he was bidding on?
A. Yes, sir, absolutely, and it was a square deal as far as I could see.
Mr. Hall: Q. There was nothing in it to indicate to you that it was not entire]y~fairand squareT
A. No, sir, nothing in the world.
Q. Did the contract require a bond T
A. I believe there was a certified check of five hundred dollars to be deposited with the bid.
Mr. Jones: Q. Nobody approached you to offer you any rebate from Barron's office, directly or indirectly?
A. No, sir.

r_rHURSDAY, JULY 28, 1910.

955

Q. Or the Governor's office?
A. No, sir.
Q. Anybody connected with the capitol building?
A. No, sir, this gentleman came into the store and approached me and seemed to be hurt because he couldn't get in a bid.
Mr. Hall: Q. You are an expert m this business?
A. I have been m the business for twenty-five years.
Q. Was there any chance under that bid for anybody to have any rake-off
A. None whatever, unless they could have it understood not to furnish the grade of goods bid on, and these goods are all right. I can not swear positively, but I think it is a grade of Victoria Wilton, and it would sell at retail at $3.25 a yard.
Q. The bid was $2.172 a yard?
A. I don't know, I think that I figured $2.50, and I think the factory cost is $2.17% a yard. I don't remember mine, for when I lose a thing of that kind I have got something else to look after and I go after that.

956

JouRNAL OF THE HousE.

J. L. BARRON, recalled.
Mr. Pierce: Q. Do you know who the man is that Mr. Goldsmith referred to?
A. No, sir, I don't know him. I don't know who Mr. Goldsmith has reference to. I furnished the specifications to the people who asked for them.
Q. You know nothing about the person who went to High & Co. and made that proposition about securing the contract?
A. No, sir, this is the first time that I ever heard of it.
Mr. Pierce: I move the Committee draw their report setting forth that after investigation, nothing has been f-ound on which to base the charge as stated. (Which motion was carried, and Committee adjourned).

(COPY OF SPECIFICATION INTRODUCED IN EVIDENCE.)
ATLANTA, GA., Feb. lOth, 1910.
SPECIFICATION. For carpets and linoleum to be furnished the State of Georgia, and to be laid in the State capitol as follows:

THURSDAY, JULY 28, 1910.

957

CARPETS.
THE SENATE.
SECRETARY OF THE SENATE-2 ROOMS299 and 230.
PRESIDENT OF THE SENATE OFFICE. SENATE MESSENGER ROOM.
HALL OF THE HOUSE OF REPRESENTATIVES.
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ROOM-212.
THE CLERK OF THE HOUSE OF REPRESENTATIVES ROOM-209.
The carpet to be M. J. Whittall's Victoria Wilton without borders.

LINING.
The lining for carpet to be W. & J. Sloane's Cedar lining, brand L, weight 175 pounds to the bale.
LINOLEUM.
THE SENATE BALCONY AND STEPS THEREIN. . TllE_HOUSE OF THE.REPRESENTATIVES ;B,ALOONY AND STEPS THEREIN.

958

JOURNAL OF THE HOUSE.

THE VESTIBULE OF THE HALL OF THE HOUSE OF REPRESENTATIVES.
THE POST OFFICE OF THE HOUSE OF R.EPRESENTATIVES-Room 211.
The linoleum to be imported Battleship, Government Standard.

BRASS NOSINGS.
For all steps and landings directly above the steps in the BALCONY OF THE SENATE, and the BALCONY OF THE HOUSE OF REPRESENTATIVES.
Nosing to be 18 inch gage, and to be put down with screws.
All of the above work to be made and laid in the best workmanlike manner.

(COPY OF BID INTRODUCED IN EVIDENCE.)

ATLANTA, GA., February 15, 1910.

FOR-State of Georgia, ADDRESS-Atlanta, Ga.

WORK TO BE DONE AT. State Capitol, Atlanta, Ga.

ESTIMATE.

SPECIFICATION.

We will furnish M. J. Whittall's Victoria Wilton carpet, lined with W. & J. Sloane's Cedar lining,

THURSDAY, J lJLY 28, 1910.

959

brand L, and Imported Battleship linoleum, laid with 18 inch brass nosing, all as per your specifications, for the sum of FOUR THOUSAND EIGHT HUNDRED NINETY DOLLARS AND THIRTYSEVEN CENTS -----------------------$4,890.37

Respectfully submitted,

CHAMBERLIN-JOHNSON-DuBosE Co.,

CHJ-oc

Per Jones.

(COPY OF BID INTRODUCED IN EVIDENCE.)
ATLANTA, GA., February 15, 1910.
To His Excellency,
JOSEPH M. BROWN,
Governor State of Georgia.
SIR: We propose to furnish Carpets, Linoleums, and brass nosing for the Capitol Building, as per specifications furnished us by you, including making and laying, for the sum of Five Thousand Nine Hundred and Thirty-Four Dollars ($5,934.50) Fifty Cents.

960

JouRNAL OF THE HousE.

Should we be favor~d with the order, we guarantee satisfaction in every respect.

Thanking you, we remain,

Yours very truly,

DAVISON-PAXON-STOKES CoMPANY,

PerM. H. Douthit,

MHDjH

Mgr. Opt. Dept.

(COPY OF BID INTRODUCED IN EVIDENCE.)
ATLANTA, GA., February 15, 1910.
State of Georgia, Dep't of Public Bldgs. & Grounds,
MR. J. L. BARRON,
Keeper.
We submit this our bid for furnishing Victoria Wilton carpet for the Senate, Secretary of the Senate two rooms No. 229 and 23<1. President of the Senate's office, Senate's Messengers room, Hall of the House of Representatives, the Speaker of the 1House of Representatives room No. 212, the .clerk of the House of Representatives room No. 209. . The carpet to be M. J. Whittall's Victoria Wilton with-

THURSDAY, JULY 28, 1910.

961

out border. The lining to be W. J. Sloanes lining brand '' L, '' weight 175 lbs. the bale.
Linoleum for the Senate 'balcony and steps therein; the Hall of the Representative's balcony and steps therein, the vestibule of the Hall of the House of Representatives, the Post Office of the House of Representative's, room No. 211. The Linoleum to be imported "Battle Ship Government", standard brass nosings for the steps and landings, directly above in the balcony of the Senate and the balcony of the House of Representatives.
Nosing to be 18 gauge and put down with screws.
All of t4e above work to be made and laid in a satisfactory and workman-like manner for the suin of Five Thousand Forty-seven Dollars and Fiftyfive cents. (.$5,047.55).
J. M. HIGH Co.
HWG

(COPY ()F BID INTRODUCED IN EVIDENCE.) ATLANTA, GA., February 15, 1910.
State of Georgia, Departmen~ of Public Buildings and Grounds, J. L. Barron, Keeper. DEAR Srn: We herewith beg to submit our bid for

962

. JouRNAL OF THE HousE.

floor covering for the State Capitol m accordance with the specification furnished us.
We will furnish floor coverings according to specification for the sum of $5,300.00.
Trusting that our bid will receive your favorable consideration, we beg to remain,
.Yours truly,
KEELY CoMPANY,
H. T. Croft.

(COPY OF BID INTRODUCED IN EVIDENCE.)
ATLANTA, GA., February 15, 1910.
MR. J. L. BARRON,
Keeper of Public Bldgs.,
State Capitol,
City.
DEAR SIR: We agree to furnish carpets and linings, linoleum and brass nosings in ~paces specified in your proposal of February the lOth, using the quality of goods specified for same, all work to be made and laid in a first-class manner for the sum of

THURSDAY, JuLY 28, 1910.

963

five thousand, four hundred and seventy-five dollars ($5,475.00).
Yours very truly,

M. RICH & BRos. Co.

PR-A

Per P. Rich.
'

COMMITTEE OF PUBLIC PROPERTIES STATE OF GEORGIA. REPORT ON
SPECIAL INVESTIGATION OFFICE OF
KEEPER OF PUBLIC BUILDINGS & GROUNDS. DATE, July 15, 1910.
ATLANTA, GA., July 15, 1910. MR. KEITH, Chairman
Of Public Properties Committee, State Capitol, City.
DEAR SIR: Pursuant to your request, we have audited the accounts and records of J. L. Barron, Keeper of Public Buildings and Grounds, State of

964

JouRNAL OF THE HousE.

Georgia, covering the period of his incumbency in office, July 1st, 1909, to June 22d, 1910, and submit our report in detail as follows:
-RECEIPTS-
Balance of Cash on hand July 1st, 1909__$ 6.59 Amount of Warrants drawn on Executive
Department, from July 2d, 1909 to June 22d, 1910_________________ ~- 27,111.28
Total Amount of Receipts____________$27,117.87

-DISBURSEMENTS-
Covering the period between July 2d, 1909 and June 22d, 1910.
SALARIESTo Keeper of Public Bldgs.-:$ 1,437.50 To Engineer (1)---~------- 1,150.00 To Fireman (1) ___________ _ 525.00 To Watchmen (5)__________ 2,951.66 To Florist (1)------------- 575.00 To Messenger & Office Boy (1) 575.00
To PortersOne assigned to each of the following Departments:

THURSDAY, JULY 28, 1910.

965

Comptroller-General Library Secretary of State Adjutant-General Court of Appeals Treasury Attorney-General & Com-
missioner of Pensions Prison Commission Governor Geological (lh time)_______ 4,606.97

To Porters-Doing General work throughout the Capitol Building and Grounds (Average 6) ------------

1,784.00

To Servants at Mansion (4)_ 1,189.83

To extra Porters and Servants (Temporary) -Capitol Building ______
Mansion ------~-------

98.76 57.30

Total Salaries -----:----------------$14,951.02

966

JouRNAL OF THE HousE.

BUILDING REPAIRS-CAPITOL BillLDING:

Labor of Mechanics, Lumber, Cement, Gravel, Paint, etc. (Throughout Bldg.) -----$ 875.77

Topping out Chimneys, La:bor of Mechanics, Scaffolding, Brick, Lime and Cement__

433.87

Electric Work and Supplies_ 341.18 Painting Capitol Roof_.,.____ 186.00

Plumbing ----------------- 96.95 $ 1,933.77 SUPPLIES:
Buckets Mops Dusters Soap Matches Brooms Brushes Cheese Cloth Toilet Supplies Powder for Cleaning Disinfectants Mis. Hardware, etc., etc. _____________ $ 1,325.71

THURSDAY, JULY 28, 1910.

967

Ladders -----------------------------Fire Extinguishers -------------------Furniture Repairs -------------------Lawn Mower ----------------$ 14.00 Flowers and Seed____________ 49.65 Dirt, Manure, etc.____________ 121.75 Painting Signs (Lawn) ______ _ 28.50

200.60 110.00 178.35
213.90

Awning-Executive Dept. ____$
Awning-Prison Com. Dept.__ Book Cases - Quarter Master
General Dept. _____________
Filing Cabinets and ChairsQuarter Master Gen'l Dept._

5.00 5.00 32.06
67.50

Safe Library ----------------
Filing Cabinets and TableExecutive Dept. ___________
Filing Cabinets - ComptrollerGeneral Dept. _____________

30.68 91.00 17.00

Desk-Library -------------- 55.00 15 Rugs-Various Departments 171.75

474.99

At Capitol Bldg. & MansionWater ----------------.---$ 348.11 Lights -------------------- 3,184.31
Fuel ----------------------- 1,692.57

5,224.99

968

JouRNAL oF THE HousE.

Ice ----------------------------------Office Supplies-Postage, etc.___________

50.19 7.50

Miscellaneous ------------------------- 34.03

REPAIRS AT MANSION-

La:bor, Plastering, Paint, Lumber, Hardware, etc.___$ 199.42
Plumbing ----------------- 21.35 Labor & Materials to repair
Fire damage ___________ _ 500.00
Cleaning Furnishings, etc., at Mansion ---------------- 135.88
Flowers, Seed, etc. at Mansion 51.88
Kitchen Range & other Furniture at Mansion_________ _ 101.75
Miscellaneous at Mansion ____ _ 266.65

1,276.93

Total amount of Expenditures forward___$25,981.98 Cash on hand June 22d, 1910___________ 1,135.89

$27,117.87
We secured a certified list, compiled by W. "'W. Larens, Secretary, Executive Department, of all warrants issued to J. L. Barron. With this list, we verified the recording of receipts and deposits in . Bank. by the Department under review and found

THURSDAY, JULY 28, 1910.

969

the same to agree. Cash on deposit, as at June 22d, 1910, was verified by statement from the Bank.
The following is an extract from the Georgia Laws-Acts 1909, which sets forth specifically the disbursing of funds, by the Keeper of Public Buildings and Grounds..
Section 8 (Page 27).

PUBLIC BUILDING FUND.
''For ordinary repairs of the public buildings, to purchase coal, wood, lights and furniture for the Executive Mansion and the various departments of the State government, to pay the hire of engineers, guards, watchmen, servants at the Mansion, and such porters for the various departments as the Governor may employ, and for the general expenses incident to the keeping in proper condition the public buiidings and grounds and to hire such other labor as may be necessary, the sum of twenty-five thousand ($25,000.00) dollars. Out of this appropriation, the sum of fifteen hundred ($1,500.00) dollars per annum shall be paid to the Keeper of Public Buildings and Grounds as his salary. The Governor shall require itemized accounts for all payments out of this fund before drawing warrants therefor."
We found that all disbursements were made within the authority of the above Act.

970

JouRNAL OF THE HousE.

All disbursements were verified by receipted voucher and cancelled bank check and expenditu~es for sundry purchases were supported by invoice on file. There were no single purchases or expenditures of large amounts, except for coal, light and repairs on mansion to rebuild fire damage. Bids were received for coal and contract was given to the lowest bidder. Purchasers in our opinion are well distributed among Merchants.
The settlement of invoices for the re-carpeting and decorating of the halls of the House of Representatives and Senate (as provided for in resolution passed and recorded in Georgia Laws-1909-No. 27, part 4, pp. 1581), was not made through this office.
There are on file in the office, acknowledgements given by the Executive Department, for rent (amounting to $110.00), collected by J. L. Barron. This money, however, has not heen recorded on his books.
Though the present incumbent has simplified the method of filing invoices and performed and followed out faithfully the system of his predecessors, the present system is yet cumbersome and crude. We found that pages 97 to 138 inclusive, covering the period between August 1st, 1907 and June 30th, 1909, had. been cut out of the only book which shows the proper distribution of expenditures. This mutila-
tion, however, does not affect the records of J. L.

THURSDAY, JULY 28, 1910.

971

Barron's term of office, but as he informs us, had taken place before the books came into his possession.
Respectfully submitted,
THE AMERICAN AuDIT CoMPANY,
Per C. B. BmwELL, Resident Vice-President.

The following special order which was brought over as unfinished business from yesterday's session was taken up for further consideration, to-wit:
By Mr. McElreath, of Fulton-
A bill to amend Article 6, Section 7, of the Constitution, which provides for a Justice of the Peace-in each Militia District of this State.
The report ofthe Committee which was favorable t.o the passage of the bill was disagreed to and the bill was lost. Ayes, 41; nay;s, 74.
Mr. Anderson, of Chatham, asked unanimous consent tha.t House Bill No. 806 be substituted for House Bill No. 204 on the Calendar, which was granted and the hill which was a special order for this time was read the third time and put upon its passage, to-wit :

972

JouRNAL OF THE HousE.

By Mr. Persons, of Monroe--

A bill to be entitled an Act to amend Paragraph 2, Section 6, Article 7, of the Constitution of the State of Georgia, by striking from said Paragraph 2 the following: "in instructing children in the elementary branches of an English education only," and for other purposes.

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Paragraph 2, of Section 6, Article 7, of the Constitution of this State 'he, and the same is hereby amended by striking from said Paragraph 2, Section 6, Article 7, the following words : ''in the elementary branches of an English education only.'' So that when said Paragraph is amended it will read as follows: The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose except for educational purposes, to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing.

SEc. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and. the same has been entered on their Journals with the' ayes and nays taken thereon, the Governor shall

THURSDAY, JuLY 28, 1910.

973

cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election.
SEc. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the second Section of this Act in the several election districts of this State at which election every person shall be qualified to vote who are qualified to vote for members of the General Asse~bly. All persons voting at said election in favor of adoptin_g the proposed amendment to the Constitution shall have written or printed on their ballots the words: "for amendment of Paragraph 2, Section 6, Article 7, permitting counties to levy taxes for educational purposes'' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words ''opposed to amendment of Paragraph 2, Section 6, Article 7, permitting counties to levy taxes for educational purposes.''
SEc. 4. Be it enacted, That the Governor be, and he is hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people as required by the Constitution of this State in Paragraph One, Section One, Article Thirteen, and if ratified the Governor shall when he ascertains such ratification from the Secretary of State to whom the returns

974

JouRNAL OF THE HousE.

shall be referred, in the manner as in cases of elections of members of the GeneralAssembly; to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers in this State, announcing such result and declaring the amendment ratified.

SEc. 5. 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.

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 Brinson of Emanuel

Alexander of }'ulton Brown of Henry

Alley

Brown of Murr:ay

Anderson of Bullock Burch

Anderson of Chatham Butt

Armistead

Buxton

Atherton

Calbeck

Atkinson

Ganno~;~

Ault

Carswell

Barksdale

Carter

Bailey

Chandler

Barrett

Childs

Beachau\

Converso

Bell

Cooke

Berry

Cordell

Booker

Couch

Boyd

Cowan

Brinson of Decatur Culberson

Davis Dickson Drawdy Edmondson Edw:ards Elder FJlison J:.'nglish Evans Faircloth Fender Field of DeKalb l''ields of Crisp I'ord Fullbright Garlington Gastley Gillis

r:i'HURSDAY, JULY 28, 1910.

975

Godley

Martin

Rogers

Graddick

Meadows of Telfair Rosse:

Griffin of Sumter

Meadow:; of Toombs Sheppard

Guyton Hall

:Middlebrooks Miller of Calhoun

Shirley Simmon:!

Hardman of Jackson Harrington Harvey

Milikin Mooro i\ios.1

Simpson Slado f:imith of Gilmer

Hatfield

Macl<'arland

Smith of Tattnall

Heard Helms

Macintyre }\'icGarthy

Smith of Walton Stovall

Henderson of Irwin Henderson of Turner Hill Holtzclaw

McConnell McCrory McCurry McCutchen

StronG Stubbs of Putnam Stubbs of Thomas 'farver

Howell Hubbard

McElreath McMahan

'l'ippins Tracey

Hullender Huie

McMichael of Butts Tuggle McMichael of Marion 'J'urner

.Johnson of Bartow ::'1-fcWhorter

.Tohnson of Jeff Davis Parker of Decatur

Johnson of Towns Parker of Talbot

Joiner

Paulk

Jones o.f Laurens

Peacock

.Tones of Mitchell

Persons

Keith

Pickett

K.elley

Pierce

Turnipseed U?shaw Vinson \\'addell Walter.! Wasden \\'atkins \\'hite of Screven

Kendrick

l'opo

\\-Jiiteley

Kennedy

Porter

\\'ight of Grady

Kicklighter

Price

William~!

Kidd

Proctor

Wohlwender

Kirby

Reaves

Wood

Lewi3

Redding

Woodli:ft

Littleton

Reid of Campbell

Wright of Floyd

Lord

Reid of Macon

Lovejoy

Rentz

Those voting in the negative were Messrs.:

Brown of Carroll

Cureton

Olivet

976

J ouRNAIJ oF THE HousE.

Those not voting were Messrs.:

Adams Allen Bagley Baker Brown of Fulton Daniel Ellis Griffin of Twiggs

Hardeman of Jeffs 'n Hendricks }I older of Floyd Jones of Meriwether Lawrence Miller of W a.re Minter Mitchell

Moss McArthur Reese Roberti White of Screven Wl!'ight of Stewart Mt. Speaker

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

On the passage of the bill the ayes were 158; nays, 3.

The bilLhaving received the necessary two-thirds majority was passed.

The business fQr which the session was extended was taken up, the Speaker having announced the House adjourned.

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

By Mr. Armistead, of Oglethorpe-

A bill to amend an Act amending the charter of Lexington.
Referred to Committee on Corporations.

THURSDAY, JULY 28, 1910.

977

By Mr. Reid, of Macon-
A bill to amend and supersede the Acts incorporating the town of Marshallvilfe.
Referred to Committee on Counties and County Matters.

By Mr. Fender, of Lowndes-
A bill to require the County Commissioners of Lowndes county to work public roads within corporate limits of incorporated towns.
Referred to Committee on Counties and County Matters.

By Messrs Heard and Beacham, of Dooly-
A bill to require certain assessment fire insurance companies to make deposits with State Treasurer.
Referred to Committee on Insurance.

By Mr. Reid, of Macon-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Macon county.
Referred to Committee on Counties and County . Matters.

978

JouRNAL oF THE HousE.

By Messrs. Brown, Alexander and McElreath-
A bill to provide for regulation and inspection of grain and hay.
Referred to Committee on General Agriculture.

By Mr. Hall, of Bibb-
A resolution providing for a Commission to consider advisability of selling Governor's Mansion.
Referred to Committee on Public Property. The following resolutions were read, to-wit:

By Messrs. Hardman and Wight-

A resolution to make House Bill No. 866 a special order.
Referred to Committee on Rules.

By Mr. Anderson, of Bulloch-
A resolution to make House Bill No. 1010 a special
order. Referred to Committee on Rules.

THURSDAY, JULY 28, 1910.

979

By Messrs. Hullender and Rosser-
A resolution to refund $160 toW. T. Moon. . Referred to Committee on Appropriations.
The following Senate Bills were read the first time, to-wit:

By Mr. Blackwell, of 28th District-
A bill to amend an Act to incorporate the town of Shady Dale.
Referred to Committee on Corporations.

By Mr. Griffith, 'Of 38th District-
A bill to prohibit furnishing or exhibiting any ob-
scene writing to females.
Referred to Committee on Special Judiciary.

By Messrs. Gordy, Womble and Harrell-
A bill to fix salaries of Solicitors-General.
Referred to Committee on Constitutional Amendments.

The fol1owing House Bills were read the third time and put upon their passage, to-wit:

980

J OURNt..L oF THE HousE.

By Mr. Lawrence, of Chatham-
A bill to amend laws relating to the City Court of Savannah.
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 Constitutional majority was passed.
.
],3y Mr. Alley, of White-
A bill to prohibit hunting foxes in White county during certain seasons.
~he favorable report -of the Committee was agreed to.
On the p~ssage of the bill the ayes were 99; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Martin, of Lee-
A bill to abolish the City Court of Leesburg.
The favorable report of the Committee was agreed to.

THURSDAY, JULY 28, 1910.

981

On the passage of the bill the ayes were 109; nays, 0.
The bill having received the requisite Constitutional majority was passed..

By Mr. Meadows, of Telfair-
A bill to require all county officers of Telfair
county to have some surety company in their bond.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes w~re 98; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. -Henderson, of Irwin-
A bill to amend an Act to create a system of public schools for the town of Ocilla.
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.

982

JouRNAL OF THE HousE.

By Mr. Redding, of Pike-
A bill to create the City Court of Barnesville.
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 Constitutional majority was passed.

By Messrs. Kirby and Couch, of Coweta-
A bill to provide for ihe payment of costs m criminal cases in certain counties.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 93; nays,.O.
The bill having received the requisite Constitutiqnal majority was passed.

By Mr. Miller, of Calhoun-
A bill to repeal an Act to increase the number of Commissioners of Roads and Revenues for Calhoun county.

THURSDAY, ,JULY 28, 1910.

983

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 Mr. Meadows, of Telfair~
A bill to amend an Act to create the City Court of McRae.
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 Constitutional majority was passed.

By Messrs. Kirby and Couch, of Coweta-

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

The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 102;

nays, 0.

'__,_,_,_;i _i1.-.t'

984

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Miller, of Calhoun-
A bill to amend an Act to create the City Court of Oalhoun.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Brown, of Carroll-
A bill to amend an Act to create the office of Commissioners of Roads and Revenues :for. Carroll county.
T,he favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 97; nays, 0.
The .bill having received the requisite Constitutional majority was passed.

. THURSDAY, JULY 28, 1910.

985

The following Senate Bills were read the second time, to-wit:

By Mr. Matthews, of 23rd District-
A bill to make it unlawful to engage in or abet prize fights.

By Mr. Matthews, of 23rd District-
A bill to provide proper protection for sinking funds of municipal corporations.
The foilowing House Bills were read the second time, to-wit:

By Mr. Ellis, of BibbA bill to amend Section 4556 of the Code of 1895.

By Mr. Ellis, of Bibb-
A bill to make it unlawful to use anotl;ter's automobile without consent of owner.

By Mr. Griffin, of Sumter-
A bill. to provide for support of minor children when living separate from the father.

986

JOURNAL OF THE HousE.

By Messrs. Faircloth, of J obnson and Allen, of Upson-
A bill to regulate deposits of insurance companies of securities with the State Treasurer.
By Messrs. Anderson, Lawrence and McCarthy-
A bill to authorize County Commissioners of certain counties to collect taxes quarterly or semi-annually.
By Messrs. Alexander and Field, of DeKalb-
A bill to incorporate the town of East End.
By Mr. Carswell, of WilkinsonA bill to i:~1eorporate the town of Mcintyre..
By Mr. Tippins, of Appling-
A bill to amend Section 4312, Volume 2, of the Code.
By Mr. Burch, of Laurens-
A bill to create a new charter for the city of Dublin.
By Mr. Gastley, of Habersham-
A bill to amend all Acts to incorporate town of Cornelia.

THURSDAY, JuLY 28, 1910.

987

By Mr. Hatfield, of Coffee-
A bill to amend an Act to create a new charter for town of Willacoochee.

By Mr. Huie, of ClaytonA bill to amend the charter of town of Riverdale.

By Mr. Vinson, of Baldwin-
A bill to authorize Trustees of State Sanitarium to establish a training school.

By Mr. Vinson, of Baldwin-
A bill to appoint Trustees of Georgia State Sanitarium.
The following Senate Bills were read the third time and put upon their passage, to-wit:

By Mr. Calloway, of 29th District-
A bill to amend an Act to create the City Court of Washington.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102; nays, 0.

988

JouRNAL OF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Calhoun, of 15th District-
.A bill to incorporate the town of .Alston.
T>he 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. Irwin, of 11th District-
.A bill to cr~ate the City Court of Cuthbert.
The substitute offered by the House was adopted.
The report of. the Committee, which was favorable to the passage of the bill was agreed to by substitute.
On the .passage of the bill the ayes were 110; nays, 0.
The bill :having received the requisite Constitutional majority was passed by substitute.
The following House Bills were taken up and the Senate amendments concurred in, to-wit:

THURSDAY~ JULY 28, 1910.

989

By Mr. Lawrence, of Chatham-
A bill tQ authorize the Maor and Aldermen of Savannah to provide for registration of voters prior to municipal election.

By Mr. McMichael, of Butts-
A bill to create the office of Commissioners of Roads and Revenues for Butts county.

Leave of absence was grantedMr. Oliver, of Quitman, for afternoon session. Mr. Harvey, of Wilcox; business. The Speaker then ~nnounced 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.

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

Adams

Anderson of Bulloch Ault

Alexander of DeKalb Anderson of Chatham Barksdale

Alexander of Fulton Armistead

Bagley

Allen

Atherton

Bailey

Alley

Atkinson

Bak.er

990

JouRNAL OF THE HousE.

Barrett Beacham 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 Edmondson Edwards Elder Ellis
Ellison English Evans Faircloth Fender Field of DeKalb Fiel.Qs of Crisp

Ford

Lewis

Fullbright

Littleton

Garlington

Lord

Gastley

Lovejoy

Gillis

Martin

Godley

::\feadows of Telfair

Graddick

Meadows of Toombs

Griffin of Sumter Middlebrooks

Griffin of Twiggs Miller of Calhoun

Guyton

:\filler..of Ware

Hall

Milikin

Hardeman of .Jeffs'n Mitchell

Hardman of .Jackson Moore

Harrington

Moss

1Iarvey

MacFarland

Hatfield

Macintyre '

lieard

McArthur

Helms

McCarthy

Henderson of Irwin McConnell

Henderson of Turner McCrory

Hendricks

McCurry

liill

McCutchen

Holder of Floyd

McElreath

Holtzclaw

McMahan

Rowell

McMichaelof Butts

lfubbard

McMichael of Marion

Hullender

McWhorter

IIuie

Oliver

.Johnson of Bartow Parker of Decatur

.Johnson of .Jeff Davis Parker of Talbot

.Johnson of Towns Paulk

.Joiner

Peacock

Jones of Laurens Persons

Jones of Meriwether Pickett

,Tones of Mitchell Pierce

'Keith

Pope

Kelley

Porter

Kendrick

Price

Kennedy

Proctor

Kicklighter

Reaves

Kidd

Redding

Kirby,

Reese

Lawrence

Reid of Campbell

I

THURSDAY, JuLY 28, 1910.

991

Reid of Macon Rentz Roberts. Rogers Rosser Sheppard Shirley Simmons Simpson Slade Smith of Gilmer Smith of Tattnall Smith of Walton

Stovall Strong Stubbs of Putnam Stubbs of Thomas Tarver Tippins 'l'racey Tuggle Turner 'l'urnipseed Upshaw Vinson Waddell

Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams
Wohlwend~r
Wood Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

By unanimous consent House Bill No. 1030 was tabled.

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

By Mr. Persons, of Monroe--

A bill to amend Article 7, Section 1, of the Constitution of the State of Georgia.
Mr. Wright, of Floyd, moved that the bill be tabled and on that motion Mr. Persons, of Monroe, called for the ayes and nays, which call was sustained and the vote was as follows :

Those voting in the affirmative were Messrs.:

Alexander of Fulton Allen Ault Barksdale Baker

Beacham Bell Berry Boyd Hrinson of Decatur

Brown of Carroll Brown of Henry Gannon Childs Couch

..

992

JOURNAL OF THE HousE.

Daniel Edmondson Elder English Evans Ford Garlington Hall Harvey Heard Henderson of Turner IIendricks Hill

Holtzclaw

Rogers

Hubbard

Shirley

Huie

Smith of Walton

Johnson of Jeff Davis Strong

Johnson of Towns Tjppins

Joiner

Turnipseed

Lovejoy

Waddell

Mitchell

Walters

Moss

Wasden

Pickett

Williams

Pierce

W.ohlwender

Porter

Woodlifl

Reese

Wright of Floyd

Those voting in the negative were Messrs.:

Adams

.Faircloth

Alexander of DeKalb l!'ender

Alley

Field of DeKalb

Anderson of Bullock :l!'ullbright

And&rson of Chatham Gastley

Armistead

Gillis

AtkinSOll

Godley

Barrett

Graddick

Booker

Guyton

Brinson of Emanuel Hardman of Jackson

Brown of Murray Harrington

Burch

Hatfield

Butt

Helms

Buxton

Henderson of Irwin

Calbeck

Hullender

Carswell

Johnson of Bartow

Converse

Jones of Laurens

Cooke

Jones of Meriwether

Cordell

Kelley

Cowan

Kendrick

Culberson

Kennedy

Davis

Kirby

Dickson

Lewi~

Drawdy

Lord

Edwards

Martill

Ellison

Meadows of Telfair

Meadows of Toombs Miller of Calhoun Milikin Moor& l\facFarland Macintyre McCarthy McCurry McCutchell McElreath McMahall McMichael of Butts McMichael of Marion McWhorter Parker of Decatur Parker of Talbot Paulk Persons Pop& Price Proctor Reaves Redding Reid Qf Campbell Reid of Macon

THURSDAY, JuLY 28, 1910.

993

Rents Rosser Simmon1 Slade Smith of Gilmer

Smlith o:f Tattnall Stovall Stubbs of Putnam Stubbs of Thomas Tracey

Turner Upshaw Watkins W:hiteley Wight o:f Grady

Those not voting we.re Messrs. :

Atherton Bagley Bailey Brown of Fulton Carter Chandler Cureton Ellis Fields of Crisp Griffin of Sumter G:dffin of Twiggs Hardeman of Jeffs 'n Holder of Floyd

Howell Jones of Mitchell Keith Kicklighter Kidd Lawrence Littleton Middlebrooks Miller of Ware Minter :McArthur McConnell McCrory

Oliver Peacock Roberti! Sheppard Simpson Tarver Tuggle Vinson White of Screven Wood W!right of Stewart Mr. Speaker

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

On the motion to table the ayes were 54; nays, 92. The motion was therefore lost.

The previous question was called.

The following amendment by Mr. Persons, of Monroe, was adopted:

To amend by striking the word "element" in line 4, Section 1, and insert the words "elementary branches.''

994

JouRNAL OF THE HousE.

The report of the Committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the ayes and nays were ordered and on taking the ballot viva voce the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Gillis

MacFarland

Alexander of DeKalb Godley

Macintyre

Allen

Graddick

McCrory

Alley

Griffin of Sumter

McCurry

Armistead

Guyton

McCutchen

Atkinso11

Hardeman. of Jeffs 'n McElreath

Barrett

Hardman of Jackson McMaha11

Booker

Harrington

McMichael of Butts

Brinson of Emanuel Hatfield

McMichael of Marion

Brown of Henry

Helms

McWhorter

Brown of Murray Henderson of Irwin l'arker of Talbot

Butt

Hendrick&

Paulk

Buxton

Hullender

Persons

Carswell

Johnson of Bartow Pop11

Carter

Johnson of Jeff Davis Prioo

Converse

Joiner

Proctor

Cooke Cordell

Jones of Laurens

Redding

Jones of Meriwether Reid of Campbell

Cowan Culberson Davis

Keith Kelley Kendrick

Rent:& Rosser Sheppard

Dickson D1awdy

Kennedy Kilby

Simmons Slade

Edwards

Lewis

Smith of Gilmer

Ellison

Littleton

SmJith of Tattnall

Faircloth

Lord

Stovall

Field of DeKalb

Lovejoy

Stubbs of Putnam

Fields of Crisp

Meadows of Telfair Stubbs of Thomas

Ford

Meadows of Toombs Tippins

Fullbright

Miller of Calhoun Tracey

Garlington

Milikin

Tuggle

Gastley

Moor11

Turner

THURSDAY, JULY 28, 1910.

995

Upshaw Vinson Waddell

Wasden Watkins Whiteley

Wight of Grady Wood

Those voting in the negative were Messrs.:

Alexander of Fulton Ault Barksdale Beacham Berry Boyd Brinson of Decatur Brown of Ca.rroll Calbeck Oannon Childs Couch Edmondson Elder English Evans

Hall Harvey. Heard Henderson of Turner Hill Holtzclaw Howell Hubbard Huie Johnson of Towns Kidd Martin Mitchell Most Parker of Decatur Pickett

Pierce Porte-r Reaves Reese Reid of Macon Bogen Shirley Smith of Walton Strong Tarve-r 'I'urnipseed Walters Williams 'Y.ohlwender Wright of Floyd

Those not voting were Messrs. :

Anderson of Bullock Daniel

Anderson of Chatham Ellis

Atherton

Fender

Bagley

Griffin of Twiggs

Bailey

Holder of Floyd

Baker

Jones of Mitchell

Bell

Kicklighter

Brown of Fulton

Lawrence

Burch

Middlebrooks

Chandler

Miller of Ware

Cureton

Minter

McArthur McCarthy McConnell Olivet Peacock Roberti Simpson White of Screven W.oodliff W;right of Stewart Mr. Spcaket

By unanimous consent the verifi-cation of the roll . call was dispensed with.

996

JouRNAL OF THE HousE.

On the passage of the bill the ayes were 104; nays, 47.
The bill having fail~d to receive the requisite twothirds majority was lost.
Mr. Persons gave notice that at the proper time he would move to re-consider the action of the House in defeating the above bill.
The hour of adjournment having arrived, the business for which th~ session was extended, on motion of Mr. Alexander, of DeKalb, was taken up.
The following bill was read the first time, to-wit:
By Mr. Alexander, of DeKalb-
A bill to provide a new charter for the town of East Lake.
Referred to Committee on Corporations.
By Mr. McElreath, of Fl?-lton-
A resolution to make House Bill No. 137 a special order.
Referred to Committee on Rules.
Leave of absence was grantedMR. JOINER, of Washington; sickness.
The Speaker then announced the House adjourned until 9:30 o'clock to-Jp.orrow morning.

FRidAY, JULY 29, 1910.

997

ATLANTA, GEORGIA,

FRIDAY, JULY 29, 1910.

The House met pursuant to adjournment at 9 :30 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

Burch

Alexander of DeK.alb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Cannon

Anderson of Bulloch Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converse

Ault

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beacham

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

Brown of Murray 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 Henderson of Turner Hendricks Hill Holder of Floyd

998

JouRNAL OF THE HousE.

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Simmons

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

i5mith 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 of Putnam

Jones of Meriwether McMichaelof Butts Stubbs of Thomas

Jones of Mitchell McMichael of Marion Tarver

Keith

MeWhorter

Tippins

Kelley

Oliver

'l'racey

Kendrick

Parker of Decatur Tuggle

Kennedy

Parker of Talbot

Turner

Kicklighter

Paulk

'l'urnipseed

Kidd

Peacock

Upshaw

Kirby

Persons

Vinson

Lawrence

Pickett

Waddell

Lewis

Pierce

Walters

Littleton

Pope

\Vasden

Lord

"Porter

Watkins

Lovejoy

Price

White of Screven

Martin

Proctor

Whiteley

Meadows of Telfair Reaves

Wight of Grady

Meadows of Toombs Redding

Williams

Middlebrooks

Reese

Wohlwender

Miller of Calhoun Reid of Campbell Wood

Miller of Ware

Reid of Macon

Woodliff

Milikin

Rentz

Wright of Floyd

Minter

Roberts

Wright of Stewart

Mitchell

Rogers

Mr. Speaker

Moore

Rosser

Moss

Sheppard

Mr. Minter was absent.

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

FRIDAY, JULY 29, 1910.

999

Mr. Persons renewed his notice that he would move, at the proper time, to re-consider the action of the House in defeating House Bill No. 204.
On motion of Mr. Moss, of Cobb, House Bill No. 939 was taken from Committee on Hygiene and Sanitation and re-referred to the Temperance Com.mittee.
By unanimous consent House Bill No. 1010 was recommitted.
The following resolution was read, to-wit:

By Mr. Daniel, of Cobb-
A resolution granting the privileges of the floor to Hon. T. J. Hardage.
. Privileges of the floor.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

By Mr. Baker, of Lumpkin-
A bill to amend Section 3471, Volume 2, of the Code, of 1895, which provides for the payment of fees and costs in applications for years support.
The favorable report of the Committee was disagreed to and the bill lost. Ayes, 27; nays, 75.

1000

JouRNAL OF THE HousE.

By Mr. Burch, of Laurens-
A bill to create a new charter for the city of Dublin.
n1e 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. Carswel1, of Wilkinson-
A bill to incorporate the town of Mcintosh.
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. Huie, of Clayton-
A bill to amend the charter of the town of Riverdale.

FRIDAY, JULY 29, 1910.

1001

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. Wasden, of Charlton-
A bill to amend an Act to create County Courts so far as same relates to Charlton county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Vinson, of Baldwin-
A bill to authorize the Board of Trustees of the State Sanitarium to establish a training school for nurses.
T~he favorable report of the Committee was agreed to.

1002

JouRNAL OF THE HousE.

On the passage of the bill the ayes were 102; nays, 10.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Anderson, Lawrence and McCarthy-
A bill to authorize County Commissioners of cer-. tain counties to adopt regulations permitting taxes to be paid quarterly or semi-annually.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 111; nays, 3.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent the following bills were read the first time, to-wit:

By Mr. Rosser, of Walker-
A resolution to refund toW. F. Moon the sum of $58.88.
Referred to Committee on Appropriations.

FRIDA:, JuLY 29, 1910.

1003

By Messrs. McConnell and Simpson, of Gwinnett-
A bill to amend an Act to incorporate the town of Norcross.
Referred to Committee on Corporations.

By Messrs. Porter and Wright, of Floyd-
A bill to appropriate $100 to pay W. C. Miller for the arrest of Solomon Brantley.
Referred to Committee on Appropriations.

By Mr. Reese, of Glynn-
A resolution providing for a Commission to investigate the Judicial system and make report thereon.
Lie on table one day.

By Messrs. Simpson and McConnell, of Gwinnett-
A bill to authorize the county of Gwinnett to issue bonds for improvements of public roads.
Referred to Committee on Corporations.

By Messrs. McCarthy, Lawrence and AndersonA bill to authorize the County Physician of certain

1004

JouRNAL OF THE HousE.

counties to employ a nurse for the county convict hospital.
Referred to Committee on Penitentiary.
On motion of Mr. Anderson, of Bulloch, the House re-considered its action in re-committing to the General Judiciary Committee House Bill No. 1010.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutiqnal ~ajority the following bills of the Senate, towit:
A bill to amend the charter of the town of Soperton.
A bill to authorize the County Commissioners of Glynn county to prescribe a salary for their Clerk, and for other purposes.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by a requisite Constitutional majority the following bill of the House, to-wit:

1005
A bill to incorporate the town of Candler, in Hall county.
The Senate has passed by a requisite Constitutional majority the following bills of the House, towit:
A bill to incorporate the city of Helena, in the county of Telfair.
A bill to incorporate the town of Carnegie, in the county of Randolph.
A bill to incorporate the Tennille School District in Washington county.
A bill to amend an Act to establish the City Court of Washington, in the county of Wilkes.
A bill to create a Board of Commissioners for the city of Fort Gaines.
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Hall.
A bill to amend the charter of the Citizens Bank of Valdosta.
A bill to authorize the County Commissioners o~ Camden county to issue licen_ses to persons conducting church festivals or like entertainments.

1006

JouRNAL OF THE HousE.

A bill to amend an Act to establish the City Court of Waycross.
A bill to repeal the charter of the town of Maples, in the county of Mitchell.

A bill to authorize the county of Hall to Issue bonds for building roads, bridges, etc.

Mr. Persons, of Monroe, who gave previous notice,

moved that the House re-consider its action in de-

feating House Bill No.

, which provides for an

amendment to the Constitution, which motion.

The previous question was called and sustained.
On the motion to re-consider the ayes were 60; nays, 51, the motion therefore prevailed.
The following resolution was read and adopted, to-wit:

By Messrs. Lovejoy and Tuggle-
A resolution extending the sympathy of the House to Mr. Roberts, of Dodge, in his bereavement in the death of his father.
Mr. Fullbright, Chairman of Special Judiciary,' submitted the following report:

FRIDAY, J~LY 29, 1910.

1007

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following bills and instruct me as their Chairman to report them with the fol. ]owing recommendation:

House Bill No. 820.-To amend the charter of Atlanta. Do pass by substitute.

House Bill No.1039.-To amend the charter of t4e city of Waynesboro. Do pass.

House Bill No. 1040.-To amend the Act of 1909, which amended the City Court Act of Sylvester. Do pass.

House Bill No. 1041.-To amend the Sylvester City Court Act. Do pass.

Senate Bill No. 229.-To amend charter of the city of Sparta. Do pass as amended.

Senate Bill No. 245.-To prohibit furnishing or exhibiting vulgar writing and pictures to females. Do pass as ~mended.
Respectfully submitted,
FuLLBRIGHT, Chairman.

1008

JouRNAL oF THE HousE.

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following bills of the House and instruct me, as their Chairman, to report the same back to the House with the following recommendations:
House Bill No. 1024.-To amend the. charter of the city of Macon. Do pass.
House Bill No. 1036.-To incorporate the town of Dearing. Do pass.
House Bill No. 1037..To amend an Act to incorporate the town of Oglethorpe. Do pass.
Respectfully submitted,
BuTT, Chairman.

Mr. Persons, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. Speaker:
Your Committee on Constitutional Amendments has had under consideration House Bill No. 112, and

FRIDAY, JuLY 29, 1910.

1009

the substitute thereto, and have authorized me as their Chairman, to report the same back to the House with the recommendation that the same do pass as amended by substitute.

July 29th, 19"10.

PERSONs, Chairman.

The undersigned members of the Committee on Constitutional Amendments, submitted the following minority report on House Bill No. 27, to exempt certain farm products from taxation.

Mr. Speaker:
We, the undersigned members of the Committee on Constitutional Amendments, beg leave to, and do hereby file this, our minority report to the action of said Committee in refusing to report favorably Bill No. 27, exempting from taxation for one year farm products in the hands of the producer and do hereby recommend that said bill do pass as amended.
JoHNSON, of Bartow,
Aa~xANDER, of DeKalb,
PAULK, of Berrien,
ArJEXANDER, of Fulton,
E. S. AuLT, of Polk,

1010

J OFRNAL OF THE HousE.

N. L. GILLIS, B. H. BAKER.

MAciNTYRE,

c. s. REID,

RoLAND ELLis,



R.N. HARDEMAN.

By unanimous consent the session was extended for the purpose of:
1. Reading House and .Senate Bills 1st time.
2. Reading House and Senate Bills 2nd time.
3. Reading House and Senate Bills, local, 3rd time.
On motion of Mr. Macintyre, of Thomas, House Bill No. 4, was taken from the table and placed on the Calendar.
On motion of Mr. Johnson, of Bartow, House Bill No. 27 was taken from the table and placed on the Calendar.
The following resolution was read, to-wit:

FRIDAY, JuLY 29, 1910.

1011

By Mr. Fields, of Crisp-

A resolution to make House Bill No. 1027 the special for July 29.

r. Keith, Chairman of the Committee on Public Property, submitted the following report:

Mr. 8 peaket:

Your Committee on Public Property having had under consideration House Resolution No. 295, recommend that the same do pas.s as amended.

July 28, 1910.

KEITH, Chairman.

The following special orders were read the third time and put upon their passage, to-wit:
By Messrs. Tippins, of Appling, Macintyre, of
Thomas~
A bill to propose an amendment to the Constitution so as to limit appeals.
Mr. Lewis, of Hancock, moved to indefinitely postpone the bill, which motion prevailed.

1012

JouRNAL oF THE HousE.

By Messrs. Johnson, of Bartow, Alexander, of DeKalb--

A bill to amend Article 7, Section 2, Paragraph 2, of the Constitution, so as to exempt certain farm products from taxation.
Mr. Hall, of Bibb, moved that the bill be tabled and on that motion Mr. Johnson, of Bartow, called for the ayes and nays, which call was sustained and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Cureton

Alexander of Fulton Ev'ans

Anderson of Bullock Fields of Crisp

Anderson of Chatham Fullbright

Atkinson

Garlington

Barksdale

Gastley

Bailey

Godley

Beacham

Hall

Bell

Hardeman of J etfs 'B

Berry

Heard

Brown of Carroll

Henderson of Irwin

Burch

Holtzclaw

Butt

Johnson of Towns

Buxton

.Tones of Meriwether

Carswell

Kennedy

Carter

Kidd

Childs

Lawr.ence

Converso

Meadows of Toombs

Cooko

Mitchell

MacFarland McElreath l\fcMichael of Marion Parker of Talbot Pierce Porter Proctor Redding Reese Reid of Macon Rosser Smith of Walton Stubbs of Putnam Stubbs of Thomas Tuggle Vinson Wohlwl\ndet Wright of Floyd

Those voting in the negative were Messrs.:

.Alexander of DeKalb Atherton

Allen

AuU

Baker Barrett

FRIDAY, JuLY 2~, l~LO.

1013

Booker Brinson of Decatur Brinson of Emanuel Brown of Henry Brown of Murray Calbeck Chandler Cordell Couch Cowan Culberson Daniel Dickson Drawdy Edwards Elder Ellison English ]'aireloth Field of DeKalb Ford Gillis Graddick Griffin of Sumter Griffin of Twiggs Guyton Hardman of Jackson Harrington
Hatfield J:Ielms Henderson of Turner

Hill

Peacock

Hubbard

Persons

Hullender

Price

Huie

Reaves

Johnson of Bartow Reid .of Campbell

Johnson of Jeff Davis Rentz

Jones of Laurens

Rogera

Keith

Sheppard

Kelley

Shirley

Kendrick

Simmons

Lewil

Simpson

Littleton

Slade

Lord

Smith of Gilmer

Martin

Smith of Tattnall

~teadows of Telfair Stovall

Miller of Calhoun Tarver

Milikin

Tippins

Moore

Tracey

Moss

Turnipseed

Macintyre

Upshaw

McArthur

Waddell

McConnell

Walter9

McCrory

Watkins

MtlCurry

White of Screven

McCutchen

W:hiteley

McMahan

Wight of Grady

McMichael of Butts Williams

McWhorter

Wood

Oliver

Woodlifl

Parker of Decatur

Paulk

Those not voting were Messrs.:

Alley Armistead Bagley Boyd Brown of Fulton Cann<ln Davis Edmondson

Ellis Fender Harvey Hendricks Holder of Floyd Howell Joiner Jones of Mitchell

Kicklighter Kirby Lovejoy Middlebrooks Miller of Ware Minter McCarthy Pickett

1014

JouRNAL oF THE HousE.

Popo Roberts Strong

Turner Wasden

Wri~;tht of Stewart :M:r. Speaker

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

On the motion to table the ayes were 56;

nays, 97.

'

The motion was therefore lost.

The previous question was called and the main question ordered.

The following amendments were adopted, to-wit:

By Messrs. Johnson, of Bartow, and Alexander, of DeKalb--
To amend by striking out all after the word ' 'words'' in line 5, Section 1, and inserting in lieu thereof the following: "The General Assembly shall further have power to exempt from taxation farm products, including baled cotton grown in the State and remainingin the hands of the producer, but not longer than for the year next after their production.''
To amend by striking from line 3 o~ the caption of the bill the words, ''&c.''
On the passage of the bill the ayes and nays were ordered and the vote was as follows :

FRIDAY, .ruLY 29, 1910.

1015

~L'hose voting in the affirmative were Messrs.:

Adams Alaxander of DeKalb Allen Alley Atherton Ault Baket Barrett Booket Brinson of Decatur Brinson of Emanuel Brown of Henry Brown of Murray Calbeck Chandler Cordell Couch Cowan Culberson Daniel Dickson Drawdy Edwards Elder Ellison English Faircloth Field of DeKalb Ford Gillis Graddick Griffin of Sumter Griffin of Twiggs

Guyton Hardman of Jackson Harrington Hatfield Helms Henderson of Turner Hill Hubbard Hullender Huie Johnson of Bartow Jones of Laurens Keit,h Kelley Kendrick Kennedy Kidd Kirby Lewis Littleton Lord :Martin Meadows of Telfair Miller of Calhoun Milikin :Moore Moss Macintyre McArthur McConnell McCrory McCurry McCutchen

McMichael of Butts McWhorter Oliver Parker of Decatur 11aull\ Peacocl\ Price Reaves Reid of Campbell Rogers Rosser Sheppard Shirley Simmons Simpson Slade Smith of Tattnall Stovall Stubbs of Thomas Tarver Tippins Tracey Turnipseed Upshaw Waddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Williams Wood

Those voting in the negative were Messrs.:

Alexander of Fulton Barksdale

Anderson of Chatham Bailey

Armistead

Beacham

Atkinson

Bell

Berry Boyd

1016

JouRNAL m' THE HousE.

Brown of Carrol Burch Cannon Carswell Carter Childs Converse Cooke Cureton Ellis Bvans
Fields of Crisp Fullbright Garlington Gastley

Godley

Parker of Talbot

Hall

Persons

Heard

Pickett

Henderson of Irwin Pierce

Ifoltzclaw

Porter

Howell

Proctor

Johnson of Jeff Davis Redding

Johnson of Towns Reese

Jones of Meriwether Rentz

Lovejoy

Smith of Walton

Meadows of Toombs 8tubbs of Put1.1am

MacFarland

Wohlwender

McElreath

Wright of Floyd

McMahan

McMichael of Marion

Those not voting were Messrs. :

Anderson of Bullock Bagley Bailey Brown of Fulton Butt Buxton Davis Edmondson Fender Hardeman of Je:lls'n Harvey

Hendricks Holder of Floyd Joiner Jones of Mitchell Kicklighter Lawrence Middlebrooks Miller of Ware Minter Mitchell McCarthy

Pope Reid of Macon Robert9 Smith of Gilmer Strong 'fuggle
')~urner
Vinson W.oodliff Wright of Stewart M~. Speaker

The roll call was verified and on counting the votes it was found that the ayes were 99; nays, 53.

The bill having failed to receive the necessary twothirds majority was lost.
On motion of Mr. White, of Screven, the session was further extended for 3 minutes for the purpose of reading a second time Senate Bill No. 93, which was adversely reported by the Committee.

],RIDAY, JULY 29, 1910.

1017

Mr. Anderson, of Chatham, Vice-Chairman of the Committee on Rules, submitted the report of the Committee, but before the same could be disposed of the hour of adjournment arrived and the business for which the session was extended, w.as taken up.
The following House bills were read the first time, to-wit:

By Mr. McMahan, of Clarke-
A bill to require County Commissioners of certain counties to pay officers of court all legal costs for convicts sent to county chaingang.
Referred to Committee on Special Judiciary.

By Mr. Calbeck, of GordonA bill to incorporate the town of Ranger. Referred to Committee on Corporations.

By Mr. Harrington, of Liberty-
A resolution to make House Bill No. 723 a special order.
Referred to Committee on Rules.

The fo1lowing bills were read the second time, to wit:

1018 '

JouRNAL oF THE HousE.

By Mr. Hall, of Bibb-
A resolution creating a Commission to look after the sale of the Governor's Mansion.

By Mr. Hall, of BibbA bill to amend the charter of the city of Macon.

By Mr. Reeves, of McDuffieA bill to incorporate the town of Dearing.

By Mr. Reid, of Macon-
A bill to amend an Act to incorporate the town of Oglethorpe.

By Mr. Fullbright, of Burke-
A bill to amend the charter of the city of Waynesboro.

By Mr. Ford, of Worth-
A bill to repeal an Act to amend an Act to create the City Court of Sylvester.

By Mr. Ford, of Worth-
A bill to amend an Act to establish the City Court of Sylvester.

FRIDAY, JULY 29, 1910.

1019

The following Senate Bins were read the second time, to-wit:

By Mr. Burwell, of 20th District-
A hill to amend an Act to create a charter for the city of Sparta.

By Mr. Griffith, of 38th District-
A bill to prohibit exhibiting to any female any writing, etc., containing obscene and vulgar language.
The following Senate Bills were read the first time, to-wit:

By Mr. Akin, of 4th District--
A bill to authorize the Commissioners of Roads and Revenues of Glynn county to fix the salary to be paid the Clerk of said Board.
Referred to Committee on Counties and County Matters.

By Mr. Calhoun, of 15th District-
A bill to amend an Act to incorporate the town of
Soperton.
Referred to -Committee on Corporations.

1020

JouRNAL oF THE HousE.

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

By Messrs. Brown and McElreath, of Fulton-
A bill to amend an Act to establish a new charter for the city of Atlanta, and the several Act~ amendatory thereof.
The substitute proposed by the Committee was adopted.
The report of the Committee which was favorable to the passage of the bill by substitute was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed by substitute.

By Messrs. Alexander and Field, of DeKalb-
A bill to incorporate the town of East End.
The favorable report of the Committee was
agreed to.
On the passage of the bill the ayes were 99, nays, 0.

FRIDAY, JuLY 29, 1910.

1021

The bill having received the requisite Constitutional majority was passed.

By Mr. Hatfield, of Coffee-
A bill to create a new charter for the town of
willacoochee. The favorable report of the Committee was
agreed to. On the passage of the bill the ayes were 111,
nays, 0. The bill having received the requisite Constitu-
tional majority was passed~
Leave of absence was granted-
Mr. Price, of Bartow, business. Mr. Hubbard, of Dawson, business.
Mr. Hardman, of Jackson, business.
Messrs. Griffin and Sheppard, of Sumter, busines5. Mr. Armistead, of Oglethorpe, business. Mr. Brown, of Henry, business. Mr. Edwards, of Walton, business. Mr. Word, of Banks, business.

1022

JouRNAL oF THE HousE.

. Mr. MeWhorter, of Greene, business. Mr. Waddell, business. Mr. Gastley, of Habersham, business. Mr. Kennedy, of Tattnall, business. Mr. Childs, of Taylor, business. Mr. Cordell, business. Mr. Simpson, of Gwinnett, business. Adams, of Hall, business. Carter, of Hall, business.

The Speaker then announced the House adjourned until 3 o'clock this afternoon.

3 o'clock p. m.

The House reconvened at this hour and was called to order by the Speaker.

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

Adams Alexander of DeKalb Alexander of Fulton Allen

Alley

Atherton

Anderson of Bullock Atkinson

Anderson of Chatham Ault

Armistead

Barksdale

FRIDAY, JULY 29, l910.

1023

Bailey

Fender

Kidd

Bagley

Field of DeKalb

Kirby

Baker

Fields of Crisp

Lawrence

Barrett

Ford

Lewis

Beach-am

Fullbright

Littleton

Bell

Garlington

Lord

Berry

Gastley

Lovejoy

Booker

Gillis

Martin

Boyd

Godley

~{eadows of Telfair

Brinson of Deco.tur Graddick

Meadows of Toombs

Brinson of Eman.uel Griffin of Sumter Middlebrooks

Brown of Carroll

Griffin of Twiggs Miller of Calhoun

Brown of Fulton

Guyton

Miller of Ware

Brown of Henry

Hall

Milikin

Brown of Murray Hardeman of Jeffs 'n Mitchell

Burch

Hardman of Jackson Moortt

Butt

/

Buxton

Harrington Harvey

Moss MacFarland

Calbeck

Hatfield

Macintyre

Cannon Carswell Carter

Helms

McArthur

Heard

McCarthy

Henderson of Irwin McConnell

Chandler

Henderson of Turner McCrory

Childs

Hendricks

McCurry

Converse

Hill

McCutchen

Cooke

Holder of Floyd

McElreath

Cordell

Holtzclaw

McMahan

Coucli

Howell

McMichael of Butts

Cowan

Hubbard

McMichael of Marion

Culberson

Hullender

McWhorter

Cureton

Huie

Oliver

Daniel

Johnson of Bartow Parker of Decatur

Davis

Johnson of Jeff Davis Parker of Talbot

Dickson

Johnson of Towns Paulk

Drawdy

Joiner

Peacock

Edmondson

Jones of Laurens

Persons

Edwards

Jones of Meriwether Pickett

Elder

Jones of Mitchell

Pierce

Ellis

Keith

Pope

Ellison

Kelley

Porter

English

Kendr;ck

Price

Evans

Kennedy

Proctor

Faircloth

Kicklighter

"Reaves

1024

JOURNAL OF THE HOUSE.

Redding Reese Reid of Campbell Reid of Macon Rentz Roberh Rogers Rosser Sheppard Shirley Simmons Simpson Slada Smith of Gilmer

Smith of Tattnall Smith of Walton Stovall Strong Stubbs of Putnam Stubbs of Thomas Tarver
~'ippins
Tracey ruggle 'l'urner Turnipseed Upshaw Vinson

Mr. Minter was absent.

\Yaddell Walters Wasden Watkins White of Screven Whiteley Wight of Grady Willlaml "\Vohlwender Wood Woodli:fl Wright of Floyd WTight of Stewart :Mr. Speaker

The report of the Committee on Rules which was up for consideration when the House adjourned was again taken up for further cpnsideration.

The report is as follows:

July 29, 1910.

Mr. Speaker:
Your Committee en Rules begs leave to submit the following report, and to recommend the adopting of the following Special orders:
1. That House Bill No. 75, being a contested local city court bill be set as a special order for Friday afternoon, July 29th, immediately upon the opening of the session; that the debate on the bill be limited to 20 minutes to each side at the expiration of which

FmJ>AY, JULY 29, 1910.

1025

both the previous and the main questions shall be considered ordered and the vote upon the bill shall be taken without any time allowance to the Chairman of the Committee which reported the bill.
2. That House Bill No. 398, to create the Toombs Judicial Circuit be set as a special order immediately after the disposition of the above order; that the debate be limited to 10 minutes to each side at the expiration of which both the previous and main questions shall be considered ordered and the vote upon the bill .shall be taken without any time allowan_ce to the Chairman of the Committee reporting the bill.
3. That immediately upon the disposition of the existing special order for bills involving Constitutional Amendments all bills relating to education, except Bill No. 221, known as the Compulsory Education Bill, shall be set as a special and continuing order until disposed of. That the debate upon the Committee substitute for House Bills 201, 202, 203 shall be limited to 40 minutes to each side at which time the previous question shall be considered ordered; and that in the other bills of this class individual speeches shall be limited to 10 minutes.
4. That House Bill No. 221, known as the Compulsory Education Bill shall be set as a special and continuing order immediately after the disposition of the preceding special order; that the debate there-
on shall be limited to 40 minutes to each side at the

1026

JouRNAL oF THE HousE.

expiration of which ~oth the previous and the main question shall be considered ordered and the vote upon the bill shall be taken immediately without any time allowance to the Chairman of the Committee which reported the bill.
Respectfully submitted,
J. RANDOLPH ANDERSON, Vice-Chairman.

Upon agreeing to recommendation No. 4, of. the report which recommends that the Compulsory Education Bill be set as a special order, Mr. Wright, of Floyd calle~ for the ayes and nays which call was sustained and the vote is as follows :

Those voting in the affirmative were Messrs.:

Ale~ander of DeKalb Drawdy

Alexander of Fulton Elder

Anderson of Chatham Ellis

Atkinson

English

~arksdale

EYans

Booker

Faircloth

Brown of Henry

Field of DeKalb

Brown of Murray Fields of Crisp

Burch

Fullbright

Butt

Garlington

Calbeck

Gastley

Carswell

Gillis

Chandler

Godley

Converse

Guyton

Cooke

Harrington

Coucn

Hatfield

Cu.lberson

Helms

Davis

Hill

Dick sou

Holtzclaw

Hullender Huie Johnson of Jeff Davis Johnson of Towns Jones of Laurens Kidd Lewis Littleton Lovejoy Martin Meadows of Telfair Meadows of Toombs Miller of. Calhoun Milikin Moss MacFarland McCarthy McCrory McCutchen

FRIDAY, JuLY 29, 1910.

1027

McElreath

Reid of Campbell

McMahan

Rogers

McMichael of Butts Rosser

McMichael of Marion Shirley

Parker of Talbot

Slade

Person9

Stovall

Pierce

Stubbs of Putnam

Porter

Stubbs of Thomas

Prictt

'I' a r v e r

Proctor

Tippins

Reese

Tracey

'fuggle Turnipseed Upshaw Waddell Walters Wasden Whiteley Wight of Grady Willi;1ms Wright of Floyd

Those voting in the negative were Messrs.:

Allen Ault Baker Beacham
Boy-d Brinson of Decatur Brown of Carroll Cwreton. Daniel Ellison Ford

Hall Hardeman of J eft's 'n Heard Henderson of Irwin Henderson of Turner Johnson of Bartow Kelley Kendrick Kirby Lord :Moor&

Macintyre

McCurry

Oliver

Paulk

Heaves

Reid of Macon

Smith of Walton

Turner

Vinson

..

White of Screven

Woodliff

Those not voting were Messrs. :

..

Adams

Carter

Howell

Alley

Childs

Hubbard

Anderson of B,ullock Cordell

Armistead

Cowan

Joiner Jones of Meriwether.

Atherton Bagley Bailey

Edmondson Edwards }'ender

Jones of Mitchell Keith Kennedy

Barrett

Graddick

Kicklighter

Bell Berry

Gl'iffin of Sumter Griffin of Twiggs

,.

Lawrenco Middlebrook~

Brinson of Emanuel Hardman of Jackson Miller of Ware

Brown of Fulton

Harvey

Minter

Buxton

Hendricks

Mitchell

Cannon

Holder of Floyd

McArthur

,

1028

JouRNAL oF THE HousE.

McConnell McWhorter Parker of Decatur Peacock Pickett Pope Redding

Rentz Roberts Sheppard Simmons Simpson ~mith of Gilmer Smith of Tattnall

'Strong Watkins wtohlwender Wood Wright of Stewart M1. Speaker

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

Upon the adoption of the recommendation of the Committee the ayes were 88, nays, 33. T-he resolution was lost. The other recommendations were adopted.

Mr. Fullbright, of Burke, moved that when the House adjourn it meet again at 9:30 o'clock tomorrow morning for the transaction of the following order of business.

1. Introduction of new matter.

2. Reports Standing Committees.

3. Reading House bills favorably reported 2nd time.
4. Reading Senate bills a first time.

5. Reading Senate bills favorable reported 2nd time.
6. Passag~ of local House bills not contested.

FRIDAY, JuLY 29, 1910.

1029

7; Passage of local uncontested Senate bills.
The following special orders. were read the third time and put upon their passage, to-wit:

By Mr. Smith, of Gilmer-
A bill to establish the City Court of Ellijay in and for the county of Gilmer.
The previous question waf! called and the main question ordered.
Mr. Hall, of Bibb, moved that the House reconsider its action in -ordering the previous question, which motion prevailed.
Mr. Hall proposed the following amendment which was adopted, to-wit:
To amend by striking from Section 27 the following words "not more than two-thirds of" and insert in lieu thereof the word ''the.''
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 75, nays, 28.
The bill having failed to receive the requisite Constitutional majority was lost. '

1030

JouRNAL OF THE HousE.

Leave of absence was grantedMr. Fullbright, of Burke, business. Mr. Upshaw, of Douglas, business. Mr. Johnson, of Bartow, business. Mr. Hulms, of Paulding, business. Mr. Wight, of Grady, business. Mr. Graddick, of Crawford, business. ' Mr. Couch, of Coweta, business.

The Speaker then announced the House adjourned until 9:30 o'clock tomorrow morning.

SATURDAY, JuLY 30, 1910.

1031

ATLANTA, GEORGIA,
SATURDAY, JULY 30, 1910.
The House met pursuant to adjournment at 9 :30 a. m., this day, was called to order by the Speaker alJ.d 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 foll!)wing bills were read the 1st time, to-wit:
By Mr. Rosser, of Walker~ A bill to amend the charter of LaF,ayette.
Referred to Committee on Corporations.
By Mr. Barrett, of Stephens-
A bill to appropriate $2,000 to the State Board of IJ;ealth.
Referred to Committee on Appropriations.

1032

JouRNAL OF THE HousE.

By Mr. Williams, of MadisonA bill to authorize the town of Comer to issue
bonds for waterworks. Referred to Committee on Corporations.
By Mr. Hardeman, of JeffersonA bill to amend an Act to create a system of Pub.
lie Schools for the town of Louisville. Referred to Committee on Education.
By Mr. Alexander, of DeKalbA bill to amend the charter of the town of Deca-
tur. Referred to Committee on Corporations.
. By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to amend the charter of- the town of East Point.
Referred to Committee on Corporations.
By Mr. Hardeman, of Jefferson~ A bill to amend an Act to create a system of Pub-
lic Schools for Louisville. Referred to Committee on Education.

SATURDAY, JuLY 30, 1910.

1033

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Committee on Corporations has considered the following bills of the House and Senate and instruct me, as their Chairman, to report the same back to the House with the following recommendations:.
House Bill No. 1055-A bill to authorize the county of Graymont to issue bonds for the construction of roads. Do pass.
House Bill No. 1047-To amend the charter of the city of Lexington. Do pass.
House Bill No. 1053-To provide a new charter for the town of East Lake. Do pass.
House Bill No. 1057-To amend the Act incorporating the town of Norcross. Do pass.
Senate Bill No. 255-To amend an Act incorporating the town of Shady Dale, Jasper Co. Do pass.
Respectfully submitted,
BuTT, Chairman.
.i

1034

JouRNAL oF -THE HousE.

Mr. Brown, of Fulton, Chairman of Committee on Hygiene and Sanitation, submitted the .following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration House Bill No. 222, and recommends that same do pass by substitute.
GEo. BRowN, Chairman.
W. T. RoGERs, Vice-Chairman.
J. F. JoHNSON, Secretary.

Mr. Barrett, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary has had under consideration the bills indicated below, and direct me, as Chairman, to report the same with the recommendation indicated:
Ho"Qse Bill No. 1001-To authorize Prison Commission to maintain convicts while working at State institutions. Do not pass.
House Bill No. 1054-To authorize county physi-

SATURDAY, JULY 30, 1910.

1035

cian in certain counties to employ a nurse for the county convict hospital. Do pass.
FERMOR BARRETT, Chairman.

Mr. Macintyre, Chairman of Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters having duly considered, make recommendations as to the following bills, to-wit:
That Senate Bill No. 253-To fix pay of clerk of Corns. of Glynn county. Do pass.
That House Bill No. 918-To abolish City Court of Fayetteville. Do pass.
That House Bill No. 1052-To incorporate Marshallville. Do pass.
That House Bill No. 1034-To fix salary of treasurer of Heard county. Do pass.
That House Bill No.1032-To create county Corns. of Irwin county. Do pass.
That House Bill No. 1051-To. change county 9oms. Macon county. Do pass.

1036

JouRNAL oF THE HousE.

That House Bill No. 1049-To amend county O>ms., Laurens county. Do pass.
That House Bill No. 224--Do pass. Respectfully submitted, MAciNTYRE, Chairman.

Mr. Hall, Chairman of Cominittee on General Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary hav.e 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 regulate the manner of :filing defenses in the Superior and County Courts of this State.
A bill to amend Primary Election Act, approved August 15th, 1906.
A bill to provide for holding of four terms of Superior Court of Crisp county.
A bill to provide service by publication in cases of divorce under certain conditions.

SATURDAY, JULY 3Q, 1910.

1037

Also the following re~olution of the House with the recommendation that author be allowed to withdrew .same.

A resolution relating to the Ducktown situation.

Also the "following bills. of the House with the recommendation that same do not pass, to-wit:

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

A bill to prohibit assignment of wages, subject to garnishment.

A bill to prohibit assignment of wages not subject to garnishment.

A bill to declare women eligible to h:old office of commercial notary public.

A bill to re-arrange Judicial Circuits of this State.

A bill .to repeal Section 1110, Volume 3, Penal Code, relative to fees of Justices of the Peace.

A bill to prescribe manner of carrying pistols.

A bill to regulate the cutting of timber on land of another.

1038

JouRNAL OF THE HousE.

A bill to amend Section 5017 relative to make heirs to estate parties to suit.
Respectfu1ly submitted,
J os. H. HALL, Chairman.

The following House bills were read the 2nd tim<3, to-wit:

Ry Mr. Hill, of Monroe-
A bill to amend an Act regulating the holding of primary elections.

By Messrs. Simpson and McConnell-
A bill to authorize the county of Gwinnett to issue bonds for the improvement of public roads:

By Mr. Alexander, of DeKalb-
.. 4 bill to provide a new charter_ for the town of
East Lake.

By.. Mr. Fields, of Crisp-
. A bill. to -provide for holding four terms of the Superior Court of Crisp county.

SATURDAY, JuLY 30, 1910.

1039

By Mr. Garlington, of Richmond-
A bill to reg11late themanner of filing defenses in the Superior and City Courts of this State.
By Mr. Armistead, of Oglethorpe~
A bill to amend an Act to amend the charter of the city of Lexington.
By Mr.- Martin, of Lee-
A bill to provide service by publication in cases of divorce.
By Messrs. Simpson and McConnellA bill to amend an Act to incorporate the town or
Norcross.
By Messrs. McCarthy, Lawrence and Anderson~ '
A bill to authorize county physicians in certaiB rounties to employ a nurse for county convict hospital.
By Mr. McMahan, of Clarke-
A bill to require County Boards of_ CoiJ?mission:: ers in certain counties to work -roads runnmg through certain incorporated towns.
The above bill wa~ recommitted.

1040

JouRNAL OF THE HousE.

-
By Mr. Reid, of Macon-

A bill to amend Acts to incorporate the town of Marshallville.

By Mr. McCutchen, of Heard-
A bill to fix a salary for the treasurer of H;eard counly.

By Mr. Reid, of Macon-
A bill to amend an Act to create a Board of Com
missioners for the county of Macon.

By Mr. McCutchen, of Heard-
A resolution relative to boundary line between Georgia and Alabama.

By Mr. Fender, of Lowndes-
A bill to require County Commissioners of Lowndes county to work public roads running through incorporated towns.
By Mr. Henderson, of Irwin-
A bill to create a Board of Commissioners of H.oads and Revenues for county of Irwin.

SATURDAY, JuLY 30, 1910.

1041

The following Senate bills were read the 2nd time, to-wit:

By Mr. Akin, of 4th district-
A hill to authorize Commissioners of Glynn county. to fix salary of clerk thereof.

By Mr. Blackwell, of 28th district-
A bill to amend an Act to incorporate the town of Shady Dale.
The following House bills were read the 3d time and put upon their passage, to-wit:

By Mr. Lewis, of Hancock-

,

'

A bill to amend an Act to create a system of public schools for the town of Sparta.

The following amendment was adopted:

To amend by striking Section 2 and substituting the following:

SEc. 2. Be it further ena.cted by the authority aforesaid that all vacancies hereafter occunjng in the Board of Education as now constituted shall be filled as follows: The mayor and aidermen of said city shall fill such vacancy at any regular meeting of the city council by an election therefor; the per-



1042

JouRNAL OF THE HousE.

son so elected shall serve until the next municipal election for mayor and aldermen when his successor shall be elected by the qualified voters of said city and when so elected he shall fill said office as now provided by law.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 114, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Johnson, of Towns-
A bill to authorize th~ giving away of lemonade, ice cream, etc., in the town of Young Harris.
rt"'he favorable report of the Committee was agreed to.
On the passage of the bill the ayes wei:e 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Fullbright, of Burke-
A bill to amend the charter of the city of Waynesboro.

SATURDAY, JuLY 30, 1910.

1043

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. Reid, of Macon-
A bill to amend Act to incorporate the town of Oglethorpe.
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 Senate bill was read the 3rd time and put upon its passage, to-wit:

By Mr. Burwell, of 20th district-
A bill to amend an Act to create the charter of the city of Sparta.

1044

JouRNAL OF THE HousE.

The following Committee amendment was adopted: To amend Section 11 by inserting after the word "recorder" in line three the word "who shall be neither mayor or alderman of said city." Also
To amend by striking Section 5 of said bill.
To amend Section 18 by adding at the end thereof the following proviso: "Provided, That jn case the fund raised under this Section shall be more than sufficient to maintain said public schools the excess shall be covered in the treasury and be available for the payment of any liability of said city.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional .majority was passed as amended.
Leave of absence was granted-
Mr. Allen, of Upson, business.

The Speaker then announced the House adjourned until 9:30 o'clock Monday morning.

MoNDAY, AuausT 1, 1910.

1045

ATLANTA, GEORGIA,

MoNDAY, August 1, 1910.

The House met pursuant to adjournment at 9 :30 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

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Ander~on of Chatham Carter

Armistead

Chandler

Atherton

Ghilds

Atkinson

Converse

Ault

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beachftm

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Emanuel F.dwards

Brinson of Decatur Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Henry

English

Brown of Yurmy. Evans

Faircloth Fender Field of DeKalb Field~ of Crisp Ford Fullbright Gadington Gastley Gillis Godley Graddick Griffin of Sumter G1if:fln of Twiggs Guyton Hall Hardeman of J eft's 'n Hardm.an nf Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd



. 1046

JouRNAL OF THE HousE.

Holtzclaw

MacFarland

Sheppard

Howell

Macintyre

Shirley

Hubbard

McArthur

Simmons

Hullender

McCarthy

Simpson

Huie

McConnell

Slade

Johnson of Bartow McCrory

Smith of Gilmer

Johnson of Jeff Davis McCurry

Smith of Tattnall

Johnson of. Towns McCutchen

Smith of Walton

Joiner

McElreath

Stovall

Jones of Laurens

McMahan

Strong

Jo'nes ofMeriwether McMi{lhael of Butts Stubbs of Putnam

Jones of Mitchell

McMichael of Marion Stubbs of Thomas

Keith

McWhorter

Tarver

Kelley.

Oliver

Tippins

Kendrick

Parker of Decatur Tracey

Kennedy

Parker of Talbot

Tuggle

Kicklighter

Paulk

Turner

Kidd

Peacock

'l'urnipseed

Kirby

Persons

Upshaw

Lawrence

Pickett

Vinson

Lewia

Pierce

Waddell

Littleton

Pope

Walters

Lord

Porter

Wasden

Lovejoy

Price

Watkins

Martin

Proctor

White of Screven

:Meadows of Telfair Reaves

Whiteley

Meadows of Toombs Redding

Wight of Grady

Middlebrooks

Reese

Williams

Miller of Calhoun Reid of Campbell Wohlwender

Miller of Ware

Reid of Maeon

Wood

Milikin

Rentz

Woodlif!

Mitchell

Roberti

Wright. of Floyd

Mooro

Rogers

Wright of Stewart

Moss

Hosser

Mr. Speaker

Mr. Minter was absent.

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

By unanimous consent the following Senate bill was read the second time and recommitted, to-wit:

MoNDAY, AuausT 1, 1910.

1047

By Messrs. Mathews, of 23d distril?t;Akin, of 4th district-
A bill to provide for State and County Boards of 'fax returns.
By unanimous consent the following House bills were read the 2d time and recommitted to the Committee on Education, to-wit: .

By Mr. Hardeman, of J e:fferson-
A bill to amend an Ac_t to create a system of Public Schools for the town of. Louisville; App. Dec. 20, 1893.

By Mr. H;ardeman, of Jefferson-
A bill to amend an Act to create a system of Pub~
lie Schools for the town of Louisville. App. Dec. 20, 1893.
The fQllowing message was received from the Sen.: ate through Mr. Northen, Secretary thereof:
.;
Mr. Speaker:
The Senate has passed by a requisite Constitutional maj~rity the following bills of tlie Senate, to~ wit:.
A bill to provide for the transfer of registered

1048

JouRNAL o:F THE HousE.

maps of municipalities, where such municipalities have been located in a new.county.
A bill to provide for assessing and collecting taxes, where such taxes are authorized and no adequate provision is made. in the Act authorizing the same, or in the general law.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:

The Senate has passed by a requisite Constitutional majority the fol1owing bills of the House, towit:

A bill to authorize .lease of certain grounds belonging to 4th district A. and M. College, of Car- roll county.

A bill to repeal an Act creating the office of Com-

missioner of Roads and Revenues for the county of

Madison.



The following .Senate bill was read the third time and put upon its pa-ssage, to-wit:

By Mr. Blackwell, of 28th district-
A bill to amend an Act to incorporate the town of Shady Dale.

MoNDAY, AuausT 1, 1910.

1049

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 unanimous consent the following bills were read the third time and put upon their passage, towit:

By Mr. McCutchen, of Heard-
A bill to fix the salary of the Oounty Treasurer of HeaPd county.
The favovable report of the Committee was agreed to.
On the passage of the bill the ayes were 94, nays, 1.
The bill having received the requisite Constitutional majority was passed.

By Mr. Henderson, of Irwin-
A bill to create a Board of Commissioners ~f Roads and Revenues for the county of Irwin.

10_50

JuuRNAL OF THE HousE.

The . favorable report of the .Committee was agreed to.
On the passage of the bill the ~yes were 110, nays, 0.
. rp.e bill having received the requisite Constitutional majority was passed.

By Mr. Vinson, of Baldwin~

A bill to provide for the appointment of Trustees of the Georgia State Sanitarium; to prescribe their terms of office, and for other purposes. -

On motion of Mr. Heard, of Dooly, the bill was

tabled.

'

By Mr. Pickett, of Terrell~;

..' . .~ '

,
A bill to regulate the deposits of insurance com-

panies with the State T:r:easurer, a~~ for other pur-

poses.

The favorable report of the .C. ommittee was
agreed to.

On the passage of the bill the ayes were 102, nays, 4.

:,The ..bill .having r:eceiyed the requisite Constitutionalwajority yv;~.passed.

MoNDAY, AuausT 1, 1910.

1051

By Mr. Moss, of Cobb--'-
A bill to amend an Act regulating the time that Railroad Charters become- dormant and .providing
. how forfeitures may be prevented, and fot other.
purposes.
The substitute offered by the Committee was adopted.
The favorable report of the Committee . Wfl~ ugreed to.
On the passage of the bill the ayes were 96, nays, 4.
The bill having received the requisite Constitu.. tional majority was passed by substitute.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

M.r. Speaker:

The Senate has concurred in the substitute of the House with an amen(iment to. the foll~wing ~~:q.ate bill, to-wit :

CitY. A bill to create a new charter for the

oi

. r ......

Cuthbert.

on motion 'of Mr. Smith, of Gilmer; the House

1052

JouRNAL OF THE HousE.

reconsidered its action in defeating House Bill No. 751 to create the City Court of Ellijay.

On motion of Mr. Littleton, of Richmond the House reconsidered its action.in disagreeing to the recommendation of the Rules Committee on last Friday, which proposed to set as a special order the Compulsory Education Bill. .

The following resolution was read and adopted,

to-wit:



By Mr. Anderson, of Chatham-
A resolution extending the sympathy of the House to Hon. J. H. Roberts in the death of his father.
The following resolution was read, to-wit:

By Mr. Smith, of Gilmer-:-
A resolution to make House Bill No. 751 a special .order.
Referred to Committee on Rules.
House Bill No. li2, to create the new county of
Cleveland was ta:bled.
T.he fo1lowing resolution was adopted, to-wit:

MoNDAY, ~uousT 1, 1910.

1053

By Mr. Butt, of Fannin-
A resolution tendering the sympathy of the House lo the family of Hon. J. G. Carlisle, deceased.
The folowing bills which were special orders for this time were read the third time ~nd put upon their passage, to-wit:

By Mr.. Persons, of Monroe-
\
A bill to amend Article 8, Section 1 of the Constitution.
On motion of Mr. Hall, of Bibb, the above bill was tabled.

By :Mr. Edwards, of Walton-
A bill to amend the Constitution so as to provide for l!-PPOintment of all Judges and Solicitors-General by the Governor.
On motion of Mr. Hall, of Bibb, the above bill was tabled.
By Mr. Edwards, of Walton-
A bill to amend the Constitution so as to empower the Governor to borrow $600,000 to supply casual deficiencies.

1054

JouRNAL OF THE HousE.

Mr. Hall, of Bibb, moved that the above bill be tabled and no quoru-'? having voted the Speaker directed a call of the roll and the vote on. the motion to table was as follows:

'l'h~se voting in the affirmative were Messrs.:

Alexander of Fulton Ellison

Miller of Ware

Allen

English

Milikin

Alley

Evans

Mitchell

Armistead

Faircloth

Moor&

Atkinson

:F'ields of Crisp

:M:osll

Barksdale

:E'ord

MacFarland

I

Baker

Fullbright

Macintyre

Berry

Godley

Oliver

Boyd

Graddick

Parker of Talbot

Brinson of Decatur Guyton

Peacock

Brinson of Emanuel Hall

Pickett

Brown of Canoll

Harrington

Pierce

Brown of Henry

Heard

Reaves

Burch

Helms

Redding

Cannon

Henderson of Irwin Reid of Campbell

Carter

Henderson of Turner Renta

Chandler

Holtzclaw

Rogers

Converse

Johnson of Towns Shirley

Cooke

.Toiner

Smith of Walton

Cowan

Jones of Meriwether ~tovall

Culberson

Kelley

Stubbs of Putnam

Cureton

.Kendrick

Vinson

Edmondson

Kicklighter

Wasden

Elder

Lewis

Wright of Floyd

Ellis

Lord

Those voting in the negative were Messrs.:

Adams Alexander of DeKalb Ault Bailey Barrett

Davis Dickson.
Drawdy Edwards Garlington

. Gastley Hatfield Huie Johnson qf Ba.rtow Johnson of Jeff Da,f~

MoNDAY, AuoysT 1, 1910.

1055

Jones of Laurens

Persons

, Keith

Porter

Kirby _

Reese

Littleton

Robert-a

McCarthy

Sheppard

McConnell

Simmons

McCrory

Simpson

McCurry

Slade

McCutchen

Smith of Tattnall

McElreath

Strong

:McMahan

Stubbs 9f Thomas

McMichael of Butts Tarver

Tippins Turner Upshaw Waddell Walters Watkins White of Screven W'.hiteley Wohlwender Woodliff

'rhose not voting were Messrs. :

Anderson of Bullock

Anderson of Chatham Hardeman of J eifs 'n

Atherton

Hardman of Jackson

Bagley

Harvey

Beacharr

Hendricks

Bell

Hill

Booker

Holder of Floyd

Brown of Fult1>n

Howell

Brown of Murray Hubbard

Butt

Hullender

Buxton

Jones of Mitchell

Calbeck

Kennedy

Carswell

Kidd

Childs

Lawrence

- Cordell

Lovejoy

Couch

Martin

Daniel

Meadows of Telfair

Fender

Meadows of Toombs

Field of DeKalb

Middlebrooks

Gillis

Miller of Calhoun

Griffin of Sumter - Minter

McArthur l\fcMich;wl of Marion cWhorter Parker of Decatur Paulk Pope
Pr~a
Proctor Reid of Macon Rosser Smith of Gilmer Tracey Tuggla Turnipseed Wight of Grady Williams Wood Wlright of Stewart Mr. SpeJker

_.The roll call developed that 123 members were present and the verification was dispensed wit4.

On motion to table the ayes were 74, nays, 49.

The motion therefore was lost.

1056

JouRNAL OF THE HousE.

The following resolution was read, to~wit:

By Mr. Lewis, of Hancock-

A !esolution to make House Bill No. 915 a special order.
Referred to Committee on~Rules.

Mr. Butt, of Fannin, moved to adjourn, which motion prevailed and the business for which the session was extended was taken up.

The following bills were read the first time, towit:

By Mr. Moss, of Cobb-

A bill to relieve the disabilities of certain Confederate soldiers.
Referred to Committee on Pensions.
By Mr. Moss, of Cobb-

A bill to amend an Act to create a system of public schools for the city of Marietta.
Referred to Committee on Education.

MoNDAY, AuGUST 1, 1910.

1057

By Messrs. Moss and Daniel~
A resolution to pay pension to the widow of Daniel Reed.
Referred to Committee on Pensions.

By Mr. Moss, of Cobb----
A resolution to pay pension due W. S. Dodgen to Mrs. M. J. Green.
Referred to Committee on Pensions.

By Messrs. Simpson and McConnellA bill to amend the charter of the city of Buford. Referred to Committee on Corporations.

By Mr. Ellison, of Harris-
A bill to fix the salary of the Treasurer of Harris county. '
Referred to Committee on Counties and County Matters.

By Mr. Miller, of Ware--
A bill to require corporations to have regular pay days.
Referred to Committee on Corporations.

h-

1058

JouRNAL oF THE HousE.

By Mr. waddell, of Haralson-
A bill to fix the salary of the Treasurer of Haralson county.
Referred to Committee on Counties and County Matters.

By Mr. Pe~cock-
A bill to amend an Act to incorporate the town of Mitchells.
Referred to Committee on Corporations.

ByMr. Walters, of Colquitt-
A bill to incorporate the town of Berlin. . Referred to Committee on Corporations. The following House bill was read the 2d time, to-wit:

By Mr. Wright, of Floyd-
A bill to prohibit book making, pool-selling, etc.
The following Senate bill for which the House offered a substitute was taken up and the Senate amendments to the House substitute agreed to, towit:

MoNDAY, AuousT 1, 1910.

1059

By Mr. Irwin, of 11th district-
A bill to create the City Court of Cuthbert.
The House also concurred in the Senate amendments to the following House bill, to-wit:

By Mr. Adams, of Hall-
A bill to incorporate the town of Candler.
The Speaker then announced the House adjourned until 3 o'clock this afternoon.

3 o'clock p. m.
The House reconvened at this hour and was called to order by the Speaker.
By unanimous consent the call of the roll was dispensed with.
By u~animous consent 200 copies of Senate Bill No. 198 were ordered printed.
By unanimous consent it was ordered that the House meet tomorrow at 9 a. m. and adjourn at ~ p. m. and that no afternoon session be held.
Mr. Reid, Chairman of the Committee on Ways and Means, submitted the following report:

1060

JouRNAL OF THE HousE.

11!r. Speaker :

Your Committee on Ways and Means have had under consideration Senate Bill No. 198 by Messrs~ Mathews, of 23d district and Akin of 4th district,
being a bill to provide for State and county boards
of tax returns, and for other purposes. And they instruct me, as their Chairman, to report the same back to the House with the recommendation that the same do pass as amended.
Respectfully submitted,
C. S. REm, Chairman.

The following message was received from the Governor through his Secretary Mr. Blackburn.

llfr. Speaker:
I am directed by His Excellency, the Governor to transmit the accompanying message to the House of Representatives and respectfully request due consid~ration of the same.
w. w. LARSEN,
Secretary Executive Department.
Aug. 1st, 1910.

MoNDAY, AuGUST 1, 1910.

1061

STATE OF GEORGIA

EXECUTIVE DEPARTMENT

ATLANTA.

4ugust 1st, 1910.

To the General Assembly:

I herewith send you copy of a statement made by the Tre~surer, showing the available cash balance in the Treasury on July 15th, 1910, and the estimated available balance on September 1st, 1910, eh

From this statement you will note that the esti~ated available balance on September 1st will be . $20,871.25.
I also enclose you a statement of the school fund for 1~10, from which you will note that there is due oil 1909 account a balance of $12,144.82. This, I am advised, if called for before September 1st, would be deducted from $20,871.25, the estimated available balance, leaving on the latter account only $8,726.43.

You will note that there is a balance due and unp~id to the schools on the 1910 appropriation of $1,807,883.08, a large portion of which, of course, has not yet been earned.

Unless there be some extraordinary receipts, not expected by the Treasurer, before September 1st, it will be necessary for me to borrow on about that date probably abou~ $100,000 to pay the current ex-

1062

JouRNAL OF THE HousE.

penses of the State Government, the State Sanitarium, etc., for September, and as much during October and November to meet the same expenses during those months.
I submit the foregoing figures that you may have them in mind in making extra appropriations which may fall due within the next two or three months.
Respectfully submitted,
JOSEPH M. BROWN'
Governor.

. STATE OF GEORGIA TREASURY DEPARTMENT
ATLANTA, GA.
ATLANTA, GA., July 16, 1910.
Balance in Treasury July 15, 1910______$354,666.03 Sinking fund, etc., held in reserve______ 168,000.00
Available cash balance in Treasury July 15, 1910 -----------------------$186,666.03
Cash received in July, 1909____________$203,691.79 Cash received July 15, 1910, inc. ________ 130,198.04
Estimate to be received to Aug.l, 1910__$ 73,493.75

MoNDAY, AuausT 1, 1910.

1063

Receipts for Aug., 1909, used as estimate of receipts for Aug., 1910_________ 86,322.20

Probable receipts to Aug. 30, inc. _______$159,815.95

Disbursements July, 1909, by warranL_$170,336.63 Disbur~ements July 15, 1910, inc. _______ 112,505.40
$ 57,831.23 Disbursements by warrant August, 1909,
used as estimate for: Aug., 1910___ 162,632.75
Est. dish. by warrant to Aug. 30, inc. ____$220,463.98 Estimated cash advances.
Civil establishment -------$ 20,000.00 Coupon interest ---------- 40,000.00 Legislative payroll _______ 45,146.75
$105,146.75 $105,146.75
Total estimate of disbursements ________$325,610.73

Available cash balance July 15, 1910____$186,666.03 Estimated receipts to Aug. 30, 1910, inc._ 159,815.95
$346,481.98 Less est. dish. by warrants and cash____ 325,610.73
Estimated available balance Sept. 1, 1910$ 20,871.25

1064

JouRNAL OF THE HousE.

Respectfully submitted as per your request of 15th inst.
(Signed) J. P. BROWN, Treasurer.
To Hon. Jos. M. Brown, Governor.

STATEMENT SCHOOL FUND 1909 AND.1910.
Balance 1908 appropriation---------,--$ 726,266.28 Appropriations for 1909_____________ 2,250,000.00
Total for the year_ _______________$2,976,266.28 Paid 1908 balance_______$ 726,266.28 Paid on 1909 appropriations 446,736.58
1,173,002.86
Due Sept. 1st, 1909, on appropriations_$1,803,263.42
Paid 19 18 21 % to Sept. 1st, 1909.
~1910-
Balance 1909 appropriation ___________$ 553,423.21 Appropriation for 1910______________ 2,250,000.00
Total for the year_______________$2,803,423.21 Paid on 1909 balance______$541,305.39 Paid on 1910 appropriatio~s 434,509.22
975,817.61
Balance due July 20, 1910________$1,827,605.60

MoNDAY, AuousT 1, 1910.

1065

Included in estimate of $20,871.25 net available on Sept. 1st__________ 7,607.70
which, if paid, will make 19 14 21 %
paid on 1910 appropriation, and leave a balance due and unpaid to the schools--------~--------$1,819,997.90 including the balance due on 1909 bal-
ance of ---------------------- 12,114.82

or a net balance due on 1910 appropriations of ----------------------$1,807,883.08

Respectfully submitted,

(Signed) J. P. BRowN, Treasurer,

July 20, 1910.

Per Ben F. Perry.

The following special orders were read the third time and put upon their passage, to-wit:
By Mr. Hall, of Bibb-
A bill to amend Paragraph 8, Section 1, Article 5 of the Constitution so as to provide for the succesE>ion of the Governor.
The favorable report of the Committee was . agreed to.

1066

JouRNAL OF THE HousE.

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

The vote was had but before the result could be announced Mr. Anderson, of Chatham, moved that the bill. and aye and nay vote be postponed until tomorrow morning which motion prevailed.

On motion of Mr. Anderson action on all Constitutional amendments which were set as special orders was postponed until tomorrow morning immediately after expiration of unanimous consents and educational bills were taken up in their stead.

On motion of Mr. Anderson individual speeches were limited to ten minutes on the educational bilh to take the place of displaced special orders.

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

By Mr. Wood, of Banks-
A bill to amend an Act to amend Section 1378, Volume 1 of the Code relative to admission to the Common Schools.
On motion of Mr. Adams, of Hall, the above bill was tabled owing to the absence of the author.

~MoNDAY, AuGUST 1, 1910.

1067

By Mr. Middlebrooks, of Newton-

A bill to make valid and binding any contract, promissory note, etc., made by a minor for a loan for educational purposes.
The Committee proposed the following amendment which was adopted.
To amend by inserting between the words ''age'' and "for" in Section 2, line 6, the words "with the consent of his parent or legal guardian if any.''
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 98, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Upshaw, of Douglas-
A bill to amend an Act to amend an Act to provide for the creation of local tax district schools.
The following amendment was adopted:
To amend by striking the words "land lot" and insert the words "land lot" in Section 1, line 36.

1068

JOURNAL OF THE HoUSE.

The favorable r.eport of the Committee was agreed to as amended.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.
By Mr. Hardman, of Jackson-
A bill to make the President of the Board of Trustees of the State College of Agriculture and Mechani-cal Art, ex-officio a member of the Board of Trustees of the University of Georgia.
The following amendment was adopted to amend by striking the words ''and Mechanical Arts'' in lines two and three.
The favorable report as amended was agreed to.
On the passage of the bill. the ayes were 107; nays, 0.
The bill having received the requisite Constitutional majority, was passed as amended.
By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to amend an Act providing for the election of County School Commissioner by the people.

:MoNDAY, AuausT 1, 1910.

1069 .

The favorable report of the Oommittee was agreed to.
On the passage of the bill the ayes were 99 ; nays o.

The bill having received the requisite Constitutional majority, was passed.

By Messrs. McMichael, of Marion, and Barrett, of Stephens-

A bill to provide for municipal elections to determine the question of local taxation for public schools.

The following Committee amendment was adopted: To amend by striking from the last line of Section 5 the word ''six'' and inserting the word ''twelve.''

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 94; nays 3.
The bill having received the requisite Constitutional majority was passed as amended.
The following Senate Bills were read the third time and put upon their passage to-wit:

By Mr. Thompson, of 33rd District-

A bill to authorize the Chairman of the Board of Trustoos of the University of Georgia to appoint

1070

JouRNAL OF THE HousE.

three members from said Board upon each of the branch Colleges, of the State University.
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 required Constitutional majority was passed.

By Mr. Thompson, of 33rd District-
A bill to make the President of the Board of Trustees of the State Normal School, ex-officio a member of the Board of Trustees of the State University.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 97; nays 1.
The bill having received the requisite Constitutional majority was passed.

By Mr. Persons, of Monroe-
A bill to revise the school laws so as to substitute a County Superintendent of Schools for County School Commissioner.

MoNDAY, AuausT 1, 1910.

1071

On motion of Mr. Hall, of Bibb, the above bill was tabled.
On motion of Mr. Hall, of Bibb 200 copies of the Committees substitute for House Bills Nos. 201, 202, nnd 203, were ordered printed.
Leave of absence was granted Mr. Beacham, of Dooly-sickness.

The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

1072

JouRNAL OF THE HousE.

ATLANTA, GA.,

TuESDAY, August 2, 1910.

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

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxtoit

Allen

Calbeck

.<\Bey

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Convers"

AuU

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of Decatur Edwards

Brinson of Emanuel Elder

Brown of Carrol

Ellis

Brown of Fulton

Ellison

i

Brown of Henry

English

Brown of Murray Evans

}'aireloth Fender Field of DeKalb l''ields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick Cdffin 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 Holder of Floyd

TuESDAY, AuausT 2, 1910.

1073

Holtzclaw

MacFarland

Sheppard

H(lwell

Macintyre

Shirley

Hubbard

McArthur

Simpson

Hullender

McCarthy

Simmons

Huie

McConnell

Slade

.Johnson of Bartow McCrory

Smith of Gilmer

Johnson of Jeff Davis McCurry

Smith of Tattnall

Johnson of Towns McCutchen

Smith of Walton

Joiner

McElreath

Stovall

.Jones of Laurens

McMahan

Strong

Jones of Meriwether McMichael of Butts Stubbs of Putnam

Jones of Mitchell

McMichael of Marion Stubbs of Thomas

Keith

McWhorter

Tarver

Kelley

Oliver

Tippins

Kendric!c

Parker of Decatur Tracey

Kennedy

Parker of Talbot

'fuggle

Kicklighter

Paulk

Turner

Kidd

Peacock

Turnipseed

Kirby

Persons

Upshaw

Lawrenctt

Pickett

Vinson

Lewi9

Pieret~

Waddell

Littleton

Popo

walters

Lord

l'ortet

Wasden

Lovejoy

Prico

\Vatkin:l

Martin

Proctor

\\ .hite of Screven

Meadows of Telfair Heaves

Whiteley

Meadows of Toombs Redding

Wight of Grady

Middlebrooks

Reese

William1

Miller of Calhoun

Reid of Campbell

Wohlwender

Miller of Ware

Reid of Macon

Wood

Milikin

R<.!ntz

Woodlifi

Minter

Roberts

Wright of Floyd

Mitchell

Roge111

Wright of Str'wart

Moorct

Hosser

"!'Ir. Speakf'r

:Mos:l

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

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

lOT!

JouRNAL oF THE HousE.

By Mr. Armistead, of Oglethorpe-
A bill to amend an Act to amend the Charter of Lexington.
The favorable report of the Committee was agreed
t....
On the passage of the bill the ayes were 102 : nays, 0.
The bill having received the requisite Constitntional majority was passed.

By Messrs. Simpson and McConnell, of Gwinnett-
A bill to authorize the county of Gwinnett to issue bonds for the improvement of public roads.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 102 ; nays nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Drawdy, of Clinch-
A bill to amend Section 5261, Volume 2, of the Code which provides for the payment of witness fees.

TuESDAYr AuGUST 2, 1910.

1075

The substitute offered by Mr. Drawdy was adopted.
The report of the Committee which was favorable to the passa~e of the bill as amended was agreed to by substitute.
On the passage of the bill the ayes were 102; nays, 7.
The bill .having received the requisite Constitutional majority was passed by substitute.
By unanimous consent House Bill No. 980, was taken from the table and placed on the calendar.
On motion of Mr. Anderson, of Chatham House Resolution No. 216 was tabled.
By unanimous consent it was ordered that the last 15 minutes of this morning's session be devoted to the introduction of new matter, reading House and Senate bills second time and placing on their passage uncontested local bills and City Court bills.
By unanimous consent the following bills were read the third time, to-wit:
By Mr. BroWn, of Fulton-
A bill to regulate the sanitary condition of Hotels,
.'
etc.
On motion of Mr. Hall, of Bibb, the bill waS' tabled.

1076

JouRNAL OF THE HousE.

By Mr. White,- of Screven~

A bill to amend an Act to fix the term of office of the Commissioner of Pensions.

The favora;ble report of the Committee was agreed to.

On the passage of the bill the .ayes were 102; nays 2.

The bill having received the requisite Constitutional majority was passed.

By Mr. Alexander, of. DeKalb-
A bill to regulate the employment of minors in the messenger service, and for other purposes.
The hour for unanimous consents having expired the above bill was carried over as unfinished business.
Mr. Culberson, of Lincoln, moved that the House reconsider its. action in defeating House Bill No. 800, which motion prevailed.
Mr. Kendrick, Vice-Chairman of the Committee on Temperance, submitted the following report:

TuEsDAY, AuousT 2, 1910.

1077

JJfr. Speaker:
Your Committee on Temperance has had under consideration, House Bill No. 939, to prevent the . adulteration of soft drinks, and instruct me as their Vice-Chairman to report the same back with the recommendation that it do not pass.
Respectfully submitted,
J. R. KENDRICK, Vice-Chairman.

Mr. Butt, Chairman of the Committee on Corporati<;>ns, submitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following bills of the House and Senate and instruct me as their Chairman to report . same back to the House with the following recommendations:
Senate Bill No. 257, to amend Act incorporating the town of Soperton. ;Do pass.
House Bill No. 1066; to authorize the town of Comer to hold election for bonds for waterworks. Do pass.
House Bill No. 1060, to amend the charter of the city of LaFayette. Do pass.

1078

JOURNAL OF THE HOUSE.

House Bill No. 1058, to incorporate the town of Ranger. Do pass.
House Resolution No. 271, to provide for a joint committee to report to the next General Assembly a classification of municipal corporations and general system of charters. Do not pass.
BuTT, Chairman.
Mr. Fullbright, Chairman of Special Judiciary Committee, submitted the following report:
Mr. 8 peaker:
Your Committee on Special Judiciary has had under consideration the following bills and instruct me as their Chairman to report them with the following recommendations :
Senate Bill No. 213, to amend Code Section No. 1496, regulating the issuing of pharmacists licenses. Do not pass.
House Resolution No. 273, to pay T. F. Cobb $150.00 paid on bond forfeiture. Do not pass.
House Bill No. 1038, to authorize the Grand Jury of Appling to employ a stenographer. Do not pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

TuESDAY, AuausT 2, 1910.

1079

Mr. Parker, Chairman of Committee on Railroads, submitted the following report:

Mr. Speaker:
Your Cmmnittee on Railroads, having had under consideration Senate Bill No. 227, instructs me as Chairman to report same back with recommendation that it do pass by substitute as amended.
Respectfully submitted,
W. M. PARKER, Chairman.

Mr. Persons, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. Speaker:
Your Committee on Constitutional Amendments has had under consideration Senate Bill No. 219, and has authorized me as their Chairman to report the same back to the House with the recommendation that the same do pass.
PERSONS, Chairma:p_.
Mr. McMichael, Chairman of the Committee on Education submitted the following report:

1080

JouRNAL o.F THE HousE.

Mr. Speaker:

August 2, 1910.

Your Committee on Education has considered House Bills Nos. 1064, 1065 and 1067, and report that they do pass.
E. H. McMICHAEL, 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 Nos. 636, 720, 955 and 1048 and have instructed me as their Chairman to report same back to the Hous-e with recommendation that same do not pass, to-wit:
House Bill No. 636, a bill to reduce fertilizer fee from ten cents to five cents. Do not pass.
House Bill No. 720, a bill to provide a Sub-Experiment Station in Hall County, to make appropriation therefor and other purposes. Do not pass.
House Bill No. 955, a bill making certain Acts in stock law counties, misdemeanors and for other purposes. Do not pass.

TuESDAY, AuGUST 2, 1910.

1081

House Bill No. 1048, a bill to provide for the regulation, inspection and grading of grain and hay, and for. other purposes. Do not pass.
Respectfully submitted
M. L. JoHNSON, of Bartow, Chairman.
Mr. Keith, Chairman of the Co~ittee on Public Property submitted the following report:

Mr. Speaker:
Your Committee on Public Property having had under consideration House Resolution No. 240, recommend that same do pass.
KEITH, Chairman. August 1, 1910.

The following bill which was up for passage on yesterday and on which the completion of the calling of the ayes and nays was postponed until today, was taken up and call of the ayes and nays thereon completed to-wit:
By Mr. Hall, of Bibb-
A bill to be entitled an Act to a,mend Paragraph 8, Section 1, Article 5, of the Constitution of Georgi&.
The following amendment to the Constitution of the State of Georgia is hereby proposed by the House

1082

JouRNAL OF THE HousE.

of Representatives of the General Assembly of said State.

That Paragraph 8, Section 1, Art. 5, of the Constitution of said State be amended by adding at the end of said Paragraph the following words, to-wit:

''In case of vacancy in the offices of President of ihe Senate and Speaker of the House of Representatives, the Executive power of the government until the removal of the disability or the election and qualification of the Governor, shall be exercised by the Secretary of State, and in case that office be vacant, by the Comptroller-General.''

That when the above and foregoing amendment has been agreed to by two-thirds of the members of each House of the present Assembly, it shall be the duty of the Governor, and he is hereby direoted to cause same to be published in one or more newspapers in each Congressional District in this State, two months before the next general election; and the Governor of this State is further required and directed, after having said amendment so published as aforesaid to submit the same to the people at the said next general election for their ratification or rejection.

The form of such submission shall be as follows. to-wit:

TuESDAY, AuGusT 2, 1910.

1083

''For ratification of amendment to Paragraph 8, Section 1, Article 5, of the Constitution.''

''Against ratification of amendment to Paragraph 8, Section 1, Article 5, of the Constitution.''
The aye and nay vote was as follows :

Those voting in the affirmative were Messrs.:

Adams

Cowan

Alexander of .DeKalb Culberson

Alexander of Fulton Cureton

Allen

Daniel

Alley

Davis

Anderson of Bullock Dickson

Anderson of Chatham Drawdy

Armistead

Edmondson

Atherton

Edwards

Ault

Elder

Barksdale

Ellis

Bailey

Ellison

Ba.kel'

English

Barrett

Evans

Berry

Faircloth

Brinson of Decatur Field of DeKalb

Brown of Carroll

Fields of Crisp

Brown of Fulton

Ford

Brown of Henry

}'ullbright

Brown of Murray Burc.h

Garlington Gastlt>y

Butt

Gillis

Buxton

Godley

Calbeck

Graddick

Carswell

Griffin of Sumter

Carter

Hall

Chandler

Hardeman of Jeffs 'n

Childs

Harrington

Converse

Harvey

Cooke

Hatfield

Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holtzclaw Howell Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Jones of Meriwether Keith K.elley Kendrick Kennedy Kirby Lewis Lord LoV9joy Martin Meadows of Telfair Meadows of Toombs Miller of Ware Milikin Mitchell

1084

JOURNAL OF THE HousE.

Moore

Pierce

MacFarland

Pope

Macintyre

Porter

McCarthy

Reaves

McConnell

Reese

McCrory

Reid of Campbell

McCurry

Rentz

McCutchen

Roberts

McElreath

Rogerl

McMahan

Sheppard

McMichael of Butts Shirley

McMichael of Marion Simpson

McWhorter

Slade

Olive:

Smith of Gilmer

Parker of Decatur Smith of Tattnall

PariDer of Talbot

Smith of Walton

Persons

Stovall

Pickett

Strong

Stubbs of Thomas Tarver Tippins Tracey 'l'urner Turnipseed Upshaw Vinson Walters Wasden Watkins White of Screven Whiteley W'Ohlwender ,\.ood
Woodliff

Those not voting were Messrs. :

Atkinson Bagley Beacham Bell Booker Boyd Brinson of Emanuel Cannon Cordell Couch Fender Griffin of Twiggs .Guyton Hardman of Jackson

Holder of Floyd Hubbard Jones of Mitchell Kicklighter Kidd Lawrence Littleton Middlebrooks Miller of Ca.lhuun Minter Moss McArthur Paulk Peacock

Pri~
Proctor Redding Reid of Macon Rosser Simmons Stubbs of Putnam Tuggle Waddell Wight of Grady William Wright of Floyd WTight of Stewart :i\fr. Speaker

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

On the passage of the bill the ayes were 142; nays 0.

. TUESDAY, AUGUST 2, 1910.

1085

The bill having received the requisite two-thirds Constitutional !llajority was passed.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following Bills of the House, to-wit:
A bill t? amend an Act to provide a new charter for the town of East Point.
A bill to prohibit betting on elections or pnmaries.
A bill to provide a system of registration of voters for Fort Gaines.
A bill to create a new charter for the town of Camack.
A bill to amend an Act to authorize the Mayor and Council of Savannah to require the grading and paving of streets or lanes, and make and collect assessments f.or same.
A bill to create a new charter for the town of Statham.

1086

JouRNAL oF THE HousE.

A bill to repeal an Act to alter and amend the Road Laws of Georgia, as applicable to the counties of Gordon, W,hitfield and Murray, so far as the same applies to the County of Gordon.
A bill to create a new charter for the town of Luthersville.
A bill to incorporate the town of Ellenton, in the County of Colquitt.
A bill to amend an Act to incorporate the town of Pineview.
A bill to incorporate the town of Wilburn, in the County of Franklin.
A bill to create a system of public schools for the town of Powder Springs, in the county of Cobb.
A bill to amend the charter of the town of Martin.
A bill to amend the charter of city of College Park in the county of Fulton.
A bill to amend the charter of the town of Helena, in the county of Telfair.
A bill to provide a new charter for the town of Arlington.
A bill to amend an Act to incorporate the town of Edison.

TUESDAY, AUGUST 2, 1910.

1087

A bill to amend the charter of the town of Austell, in the county of Cobb.
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Dodge county.
A bill to amend and revise the several Acts incorporating the town of Cumming.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, to-wit:
A bill to allow County Commissioners in certain counties to condemn land for road purposes.
A bill to amend Section 2166 of the Code of Georgia of 1895, and Act amendatory thereof, m reference to certificates of incorporation of railroad companies, etc.
A bill to amend an Act .to establish the City Court of Swainsboro, in and for the county of Emanuel.
The following special order was taken up for the purpose of disagreeing to the unfavorable report of the Committee to-wit:

1088

JouRNAL oF THE HousE.

By Mr. Price, of 27th district-

A bill to amend Paragr'aph 1, Section 2, J\lticle 11, of the Constitution so as to provide for the abolition of the office of County Treasurer.

Mr. Hall, of Bibb moved to table the bill and on that motion the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of Fulton Ault Barrett Bell Berry Brown of Carroll Burch Calbeck Carswell Converse Cooke Edmondson Ellis Evans Field of DeKalb Fullbright Garlington Gastley

Gnyton

:McWhorter

Hall

Oliver

Heard

Persons

Holtzclaw

I~entz

Howell

Hoberts

Hullender

Slade

Johnson of Jeff Davis Smith of Walton

Jones of Laurens

Strong

.lones of Meriwether Stubbs of Thomas

Kicklighter

Turner

Lewis

Upshaw

Littleton

Vinson

Moore

Walters

Macintyre

Wasden

McCarthy

Watkins

McCrory

Wohlwender

McE1reath

McMahan

Those voting in the negative were Messrs.:

Adams

Atkinson

Alexander of DeKalb Barksdale

Allen

Bailey

Anderson of Chatham Baker

Armistead

Booker

Atherton

Brinson of Decatur

Brown of Henry Brown of Murray Cannon Carter Chandler Childs

TuESDAY, AuausT 2, 1910.

1089

Cowan

Joiner

Pickett

Culbersoa

Keith

Pierce

Daniel

Kendrick

Porte:t

Dickson

Kennedy

Proctor

Drawdy

Kidd

Reese

Edwards

Kirby

Reid of Campbell

Elder

Lawrence

Rogen

Ellison

Lord

Shirley

English

Lovejoy

Simmons

l''aircloth

Martin

Simpson

Ford

Meadows of Telfair Smith of Tattnall

Gillis

Meadows of Toombs Stovall

Godley

Miller of Ware

Stubbs of Putnam

Graddick

Milikin

Tarver

Griffin of Sumter Mitchell

Tippins

Harrington

MacFarland

T.racey

Harvey

McConnell

Turnipseed

Hatfield

McCutchen

Waddell

Helms

McMichael of Butts White of Screven

Henderson of Irwin McMichael of Marion Whiteley

1Jenderson of Turner Parker of Decatur Wood

Hill

Parker of Talbot

Wood lift

Huie

Paulk

Wright of Floyd

Johnson of Bartow Peacock

Those not voting were Mes~rs.:

Alley Anderson of Bullock Bagley Beacham Boyd Brinson of Emanuel Brown of Fulton Butt Buxton Cordell Couch Cureton Davis Fender l!'ields of Crisp

Griffin of Twiggs Hardeman of Jeffs 'n Hardman of Jackson Hendricks Holder of Floyd Hubbard Johnson of Towns Jones of Mitchell Kelley Middlebrooks Miller of Calhoun Minter Moss McArthur

McCurry Pope Prioo Heaves Redding Reid of Macon Rosser Sheppard Smith of Gilmer Tuggle \Vight of Grady William:J Wright of Stewart ~{r. Speaker

''
;;,.,~

t

1090

JouRNAL OF THE HousE.

By unanimous consent the verification of the roll call was dispensed with.
On motion to table the ayes were 52 ; nays, 89; the motion was therefore lost.
Mr. White, of Screven then moved to disagree to the unfavorable report of the Committee, which motion prevailed, ayes 71; nays 45.
On motion of Mr. White, of Screven 200 copies of the above bill were ordered printed.
The next special order is as follows:
By Messrs. Slaton, of 35th district, Morris, of 18th district, Slater, of 1st district.
A bill to propose an amendment to the Constitution so as to authorize certain counties to supplement the salaries of Judges of the Superior Court.
Pending the consideration of the above bill the hour of 11 a. m. o'clock arrived which was fixed as the time for the consideration of the resolution setting Compulsory Education Bill, as a special order. The consideration of the bill was therefore tempora- . rily suspended.
Upon the consideration of the resolution setting the Compulsory Education Bill as a special order the ayes and nays were ordered ,and the vote was as follows:

TuESDAY, AuGUST 2, 1910.

1091

Those voting in the affirmative were Messrs.:

Alexander of J>eKalb Garlington

McElreath

Alexander of Fulton Gastley

McMahan

Anderson of Chatham Gilli~

McMichael of Butts

Armistead

Godley

McMichael of Marion

Atherton

Graddick

McWhorter

Barksdale

Griffin of Sumter

Parker of Talbot

Bailey

Guyton

Pel'sons

Booker

Harrington

Pickett

Brown of Fulton

Hatfield

Pierce

Brown of Henry

Helms

Pope

Brown of Murray Hendricks

Porter

Buxton

Hill

Reese

Cannon Carswell

Huie Johnson of Bartow

Reid of Campbell Hoberts

Chandler

Johnson of Jeff Davis Shirley

Converse

Johnson of Towns Slade

Cooke

Jones of Laurens

Stovall

Cowan

Kennedy

Stubbs of Thomas

Culberson

Kicklighter

Tarver

Dickson

Littleton

Tippins

Drawdy

Lovejoy

Tracey

:F:dwards

Martin

Tuggle

Elder

Meadows of Toombs Turnipseed

Ellis

Miller of Ware

Upshaw

English

Milikin

Waddell

Evans

MacFarland

Walters

Faircloth

McCarthy

Whiteley

Pield of DeKalb

McCutchen

Wright of Floyd

Fullbright

Those voting in the negative were Messrs.:

Adams Allen Alley Anderson of Bullock Ault Baker Barrett Bell
B~rry

Boyd Brinson of Decatur Brown of Carroll Butt Carter Childs Cureton Daniel Edmondson

Ellison Ford Hall Hardeman of Jeffs 'Ii Harvey Heard Henderson of Irwin Henderson of Turner

1092

JouRNAL OF THE HousE.

Holtzclaw Hullender Joiner Jones of Meriwether Kelley Kendrick Kidd Kirby Lewis
Lord .Meadows of Telfair Mitchell

Moore Macintyre McConnell McCrory Oliver Parker of Decatur Paull( Proctor Reaves Rent a Sheppard Simpson

Smith of Gilmer Smith of Tattnall Smith of Walton Strong 'l"urner Vinson Wasden Watkins White of Screven w,ohlwender Wood 'Woodliff

Those not voting were Messrs.:

Al:kinson Bagley Beacham Brinson of Emanut-1 Burch Calbeck Cordell Couch Davis Fender Fields of Crisp Griffin of Twiggs Hardman of Jackson

Holder of Floyd Howell Hubbard Jones of Mitchell Keith Lawrence Middlebrooks Miller of Calhoun Minter
Mos~
McArthur McCurry Peacock

Price Redding Reid of Macon Rogers Rosser Simmons Stubbs of Putnam Wight of Grady Williams ""right of Stewart Mr. Speaker

The roll call was verified and on counting the votes it was found that the ayes were 85; nays, 62.

The resolution having failed to receive the requisite three-fourths majority, was lost.

The following bill was again taken up and a further consideration was resumed on its passage, to-wit:

TuEsDAY, AuGusT 2, 1910.

1 0!13

By Messrs. Slaton, of 35th district, Morris, of 18th

district, Slater, of 1st district.

'

A bill to propose an amendment to the Constitution so as to authorize certain counties to supplement salaries of Judges of the Superior Court.

The following amendment was adopted:

By Mr. Lawrence, of Chatham-

'l'o amend Section 1, by striking the words ''so that said Paragraph 1, of Section 13, of Art. 6, of said Constitution shall read as follows'' and all the rest of said Section 1, of said Act following said words.
The report of the Committee which was favorable to the passage of the bill was agreed to as amended.

On the passage of the bill the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Adams

Bailey

Alexander of Fulton Baker

Allen

Barrett

Alley

Berry

Anderson of Bullock Booker

Anderson of Chatham Boyd

Armistead

Brown of Carroll

Atherton

Brown of Fulton

Atkinson

Brown of Henry

Ault

Brown of Murray

Barksdale

Burch

Butt
Bu~ton
Calbeck Cannon Carswell Carter Chandler Childs Converse Cowan Culberson

1094

JouRNAL OF THE HousE.

Cureton

Jones of Meriwether

Daniel

Keith

Dickson

Kilndrick

Drawdy

Kennedy

Edmondson

Kicklighter

Edwards

Kidd

Elder

Kirby

Ellis

Lawrence

Ellison

Lewis

English

Lord

Faircloth

Lovejoy

Field of DeKalb

Marlin

}'ord

Meadows of Telfair

Fullbright

Meadows of Toombs

Garlington

Miller of Calhoun

Gastley

Miller of Ware

Gillis

Minter

Godley

Mitchell

Graddick

Moore

Griffin of Sumter MacFarland

Guyton

Macintyre

Hardeman of J e:ffs 'n McArthur

Harrington

McCarthy

Harvey

McCrory

Hatfield

McCurry

Heard

McCutchen

Helms

McElreath

Henderson of Irwin McMahan

Henderson of Turner McMichael of Butts

Hendricks

McWhorter

Hill

Parker of Talbot

Holtzclaw

Persons

Hullender

Pickett

Huie

Pierce

Johnson of Jeff Davis Pope

Johnson of Towns Porter

Joiner

Priee

Proctor Reaves &ese Reid of Campbell Rentz Roberta Rogers Sheppard Shirley Simmons Simpson Slade ~mith of Gilmer Smith o:f Tattnall Smith of Walton Strong Stubbs of Putnam Stubbs of Thomas Tarver Tippin& Tracey Tuggle Turnipseed Upshaw Vinson Waddell Walters Wasden Watkins White of Screven ''-'hiteley Wohlwender Wood w.oodliff Wright o:f Floyd

Those voting in the negative were Messrs. :

Alexander of D.ili..u.lb Cooke Brinson of Decatur Cordell

Evans' Hall

TUESDAY, AUGUST 2, 1910.

1095

Jones of Laurens Kelley Littleton

Milikin McConnell Oliver

Parker of Decatur Stovall

Those not voting were Messrs. :

Bagley . Beacham Bell Brin~on of Emanuel Couch Davis Fender }'ields of Crisp llriffin of Twiggs Hardman of Jac.kson

Holder of Floyd

Redding

Howell

Reid of Macon

Hubbard

Rosser

Johnson of Bartow Turner

Jones of Mitchell

Wight of Grady

Middlebrooks

Williams

Moss

Wright of Stewart

McMichael of Marion Mr. Speaker

Paulk

Peacock

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

On the passage of the bill the ayes were 142; nays 14.

The bill having received the requisite Constutional majority was passed as amended and the bill in full is as follows:

A bill to be entitled an Act to amend Paragraph 1, of Section 13, of Article 6, of the Constitution of the State of Georgia regulating the salaries of the Judges of the Supreme and E?uperior Courts by providing for the payment from the County Treasuries of Chatham, Fulton and Richmond Counties to the Judges of the Superior Courts of the Circuits to which said counties belong, and to the Judge of the Ston~ Mountain Circuit, or the Judge of such other

1096

JouRNAL OF THE HousE.

Circuit as may hereafter be required to regularly preside in Fulton Superior Court, of additional compensation, and to ratify, validate and confirm the original and amendatory Acts of the General Assembly regulating the salaries of Judges of the Superior Courts of all judicial circuits of the State having therein a city with a population of not less than 54,000 inhabitants, according to the United States Census of 1900, as heretofore enacted, and the Act of the General Assembly regulating the compensation of Judges of the Superior Court for services rendered outside of their own Circuits in those Judicial Circuits of the State having therein a population of not less than 75,000 inhabitants, according to the Census of 1900.
SECTION 1. Be it hereby enacted by authority of the General Assembly of Georgia that Paragraph 1, of Section 13, of Article 6, of the Constitution of the State of Georgia be amended by adding to such Paragraph of said Section the following proviso:
Provided, howeve1, that the counties of Chatham, Fulton and Richmond shall pay from their respective County Treasuries to the Superior Court Judges of the Circuit of which they are a part, and the county of Fulton to the Judge of the Stone Mountain Circuit, or to the Judge of such other Circuit as may hereafter be required to regularly preside therein, for additional services rendell'ed in the Superior Courts of Fulton county, such sums as will with salaries paid each Judge from the State Treasury

TuEsDAY, AuausT 2, 1910.

1097

make a salary of $5,000.00 per annum to each Judge; and said payments are declared to be a part of the Court expenses of such counties, such payments to be made to the Judges now in office as well as their successors.
The Act of the General Assembly of 1904 entitled "an Act to regulate the salaries of Judges of the Superior Courts of all Judicial Circuits of this State having, or that may hereafter have, therein a city with a population of not less than 54,000, nor more than 75,000 inhabitants and for other purposes,'' with the Acts of the General Assembly of 1905 and 1906 amendatory thereof; and also the Acts of the General Assembly of 1906 entitled "an .Act to regulate the compensation of Judges of the Superior Courts for services rendered outside of their own Circuits in those Judicial Circuits of the State having therein a city of not less than 75,000 inhabitants according to the Census of 1900 and for other purposes," which Acts provide for the payment from the Treasuries of the counties containing said cities to the Judges aforesaid of a part of their salaries, are ratified, validated and confirmed as to the dates of said respective enactments.
SEc. 2. Be it further enacted by the authority af~resaid, that when the above and foregoing amendment has been agreed to by two-thirds of the members of each House of the present General Assembly, it shall be the duty of the Governor and he is hereby directed to cause the same to be published

1098

JouRNAL OF THE HousE.

in one or more newspapers in each Congressional . district in this State, two months before the next General election; and the Governor of this State is further required and directed, after having 'said amendment so published as aforesaid, to submit the same to the people at the next General election for the ratification or rejection. The form of such submission shall be as follows, to-wit:

"For ratification of amendments to Paragraph 1, Section 13, Article 6 of the Constitution."

''Against ratification of amendments to Paragraph 1, Section 13, Article 6 of the Constitution.''

The next special order was the following House bill which was read the 3d time and put upon its passage, to-wit:

By Messrs. Faircloth, of Johnson; Allen, of Upson-
A bill to amend the Constitution so as to abolish the office of Solicitors-General.
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:

TuESDAY, AuGusT 2, 1910.

1099

Those voting in the affirmative were Messrs:

Adams

Oillis

McMahan

Alexander of DeEalb C1iffin of Sumter McMichael of Butts

Allen

Harrington

McWhorter

Anderson of Bullock Harvey

Parker of Decatur

Atherton

Hatfield

Parker of Talbot

.Atkinson

Helms

Peacock

Barksdale

Henderson of Irwin Proctor

Baker

Henderson' of Turner Heaves

Boyd

- llill

Reese

Brown of Murray Huie

Reid of Campbell

Burch

Johnson of Bartow Rogen

Buxton

Johnson of Jeff Davis Sheppard

Carswell

Johnson of Towns Simmons

Ca.rter

Joiner

Simpson

Chandler

.Tones of Laurens

Rrnith of Gilmer

Converse

Kendrick

Smith of Tattnall

Cordell

Kennedy

Stovall

Cowan

Lewi~

Tarver

Culberson

Lord

Tippins

Dickson

Martin

'J'urnipseed

Drawdy

Meadows of Telfair Upshaw

Edwards

Meadows of Toombs Walters

Elder

Miller of Ware

Wasden

English

Millkin

Watkins

Faircloth

MacFarland

White of Screven

Fields of Crisp

McArthur

W!hiteley

Ford

McConnell

Wuhlwender

Fullbright

McCutchen

w.oodli:fl

Those voting in the negative were Messrs. :

Alexander of Fulton - Brown of Carroll

Alley

Brown of Henry

Anderson of Chatham Butt

Armistead

Cannon

AuU

Childs

Barrett

Cooke

Bell

Daniel

Berry

Davis

Booker

Edmondson

Ellison Evans Field of DeKalb Garlington Gastley Godley Graddick Guyton Hall

1100

JouRNAL OF THE HousE.

Heard I! o!tzclaw Howell Hullender Keith Kicklighter Kidd Kirby Littleton Lovejoy Miller of Calhoun

Moo're Macintyre McCarthy McCrory McCurry McElreath Persons Pickett Pierce !'ope Porter

Prioo Shirley Slade Smith of Walton Stubbs of Putnam Stubbs of Thomas Turner wood Wright of Floyd

Those not voting were Messrs. :

Bagley Bailey Beacham Brinson of Decatur Brinson of Emanuel Brown of Fulton Calbeck Couch Cureton Ellis Fender Griffin of Twiggs Hardeman of J eft's 'n Hardman of .Jackson

Hendricks

Redding

Holder of .Floyd

Reid of Macon

Hubbard

R-entz

Jones of Meriwether Roberts

Jones of Mitchell

Rosser

Kelley

Strong

Lawrence

'l'racey

Middlebrooks

Tuggle

Minter

Vinson

Mitchell

Waddell

Moss

Wight of Grady

McMichael of Marion Williams

Oliver

WTight of Stewart

Paull\

Mr. Speaker

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

On the passage of the bill the ayes were 84, nays, 58.

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

The House rescinded its action in agreeing to de-

TuESDAY, AuGUST 2, 1910.

1101

vote the last 15 minutes of the session to certain purposes, at the request of Mr. Anderson, of Chatham.
The next special order was as follows :

By Mr. McCrory, of Schley-
A bill to amend Article 7, Section 2, Paragraph 1, of the Constitution of 1877, so as to authorize the General Assembly to authorize and levy a graduated income tax.
Pending discussion on the above bill a motion to adjourn was made and carried and the bill was carried over as unfinished business.

The Speaker then announced the House adjourned until 9:30 o'clock tomorrow morning.

1102

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,

WEDNESDAY, August 3, 1910.

The House met pursuant to adjournment at 9 :30 a. m., this day, was called to order by the Speaker and opened with prayer by the Chaplain.

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

Adams

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of .chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converse

AuH

Cooke

Barksdale

Cordell

. Bagley

Couch

Bailey

Cowan

Bakel

Culberson

Barrett

Cureton

Beacham

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

Brown of Murray Evans

}'aircloth Fender :E'ield of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick (itiffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of J eft's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd

"\VEDNESDAY, AuGUST 3, 1910.

1103

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Simmons

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

Johnson of .Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens

McMahan

Stubbs of Putnam

Jones of Meriwether ~IcMichael of Butts Stubbs of Thomas

Jones of Mitchell

McMichael of Marion 'l'arve~

Keith

:McWhorter

'l'ippins

Kelley

Olive1

Tracey

Kendrick

Parker of Decatur Tuggle

Kennedy

Parker of Talbot

'l'urner

Kicklighter

Paull\

'l'urnipseed

Kidd

Peacocl~

lipshaw

Kirby

Persons

Vinson

Lawrence

Pickett

Waddell

Lewis

Pierce

Walter:!

Littleton

Pope

Wasden

Lord

Porter

Watkin1

.Lovejoy

Price

White of Screven

Martin.

Proctor

Whiteley

Meadows of Telfair Reaves

. Wight of Grady

1\[eadows of Toombs Redding

William~

Middlebrooks

Reese

W.'Ohlwendet

Miller of Calhoun

Reid of Campbell

Wood

Miller. of Ware

Reid of Macon

V1.oodlifl

Milikin

I~ntll

Wr.ight of Floyd

Minter

Roberti

\Vlright of Stewart

Mitchell

Rogers

M:. Speaker '

Mooro

Rosse:

Mos~

Sheppard

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

, Mr. Anderson, of Chatham, asked unanimous consent that for the rest of this week the afternoon ses-

1104

JouRNAL OF THE HousE.

sions shall be from 3 o'clock p. m. to 5:30 o'clock p. m., which was granted.
By unanimous consent it was ordered that the :first 15 minutes of this afternoon's session be devoted to the following order of business.
1st. Introduction of new matter.
2d. Reading :first bills second time.
3d. Committee reports.
4th. Reading House and Senate bills favorably reported the second time.
5th. Reading House and Senate local bills the third time.
By unanimous consent it was ordered that individual speeches for rest of this week on all matters coming before the House, except the Compulsory Education Bill and the Tax Act be limited to ten minutes.
By unanimous consent the following bill was read the second time and recommitted, to-wit:

By Messrs. Porter and Wright, of Floyd-
A bill to appropriate $100 to pay W. C. Miller for the arrest of Solomon Brantley.

WEDNESDAY, AuGusT 3, 1910.

1105

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

By Mr. Moss, of Cobb-
A bill to amend an Act to create a system of public schools for Marietta so as to levy a tax for the support of said schools.
By unanimous consent the following bills were read the third time and put upon their passage, towit:

By Mr. J Qhnson, of Bartow-
A bill to amend an Act to create a lien in favor of persons hauling stocks, logs, etc.
The Committee proposed the following amendments which were adcpted:
To amend by adding the words ''as long as such personalty or the products of the same shall remain in the possession of the person for whom such hauling was done" at the end of Section 1 of said bill.
To amend by changing the caption so as to include the amendment as adopted.
The favorable report of the Committee as amended was agreed to.

HOG

JouRNAL m THE HousE.

On the passage of the bill the ayes w~re 87, nays, 7.
The bill having failed to receive the requisite Constitutional majority was lost.

By Mr. Huie, of Clayton-
A bill to repeal an Act to create the City Court of Fayetteville.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 121, nays, 0.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent Senate bill No. 213 was recommitted to the Special Judiciary Committee.
By Mr. Chandler, of Franklin-
A bill to amend Section 188 of the Penal Code fixing the penalty for embezzlement.
The following Committee amendments were adopted:
To amend by striking from the caption the following words : ''By striking the word two from the

WEDNESDAY, AUGUST 3, 1910.

1107

8th line thereof and inserting in lieu thereof the word seven.''
By striking from the 7th line of the caption the word ''seven'' and inserting in lieu thereOf the word "two."
By striking from lines 4, 5, 6, Section 1, the words : ''By striking the word 'two' from line 8 of said Section and inserting in lieu ther~of the words ' seven and.' ''
By striking from line 16, Section 1, the word ''seven'' and inserting in lieu thereof the word
''two.''
The report of the Committee, which was favorable ble to the passage of the bill as amended was agreed to.
On the passage of the bill the ayes were 107, nays, 8.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Lewis, of Hancock-
A bill to make it unlawful to publish abusive language of another.
The following Committee amendment was adopted:

1108

JouRNAL OF THE HousE.

Tt> amend by striking Section 3 of the bill.
The report of the Committee which was favorable to the passage of the bill as amended was agreed to.
On the passage of the bill the ayes were 33, nays, 67.
The bill having failed to receive the requisite Constitutional majority was lost.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit:
A bill to restrict the jurisdiction of the City Court of Baxley.
A bill to amend an Act to require the County Commissioners of Stewart county to pay to the officers of the Superior Court of said county their legal costs.
A bill to amend the charter of the town of Lexington.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

WEDNESDAY, AUGUST 3, 1910.

1109

Mr. 8 peaker:
The Senate has passed as amended by a requisite Constitutional majority the following bills of the House, to-wit:
A bill to authorize the county authorities in counties of 125,000 population to create a Board of Examiners of stationary engineers.
A bill to repeal an Act to create a County Commissioner for Franklin county.
A bill to create a new charter for the city of Griffin.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the House, towit:
A bill to appropriate $15,000.00 to the erection and equipment of buildings of the State Sanitarium for treatment of patients afflicted with tuberculosis.
A bill to expend rent received from "Indian Springs Reserve" in keeping public comfort building located thereon, in a cleanly condition_

1110

JouRNAL OF THE HousE.

A bill to appropriate the sums of $25,000 for 1910. and $35,000 for 1911 for support and maintenance of Georgia State Sanitarium.
A bill to amend the appropriation act to provide for the salary of the stenographer to the State Bank Examiner.
A bill to appropriate additional funds for the completion of the State Sanitarium for treatment of tuberculosis.
A bill to amend an Act creating the City Court of Oglethorpe in Macon county.
A bill to protect game in Carroll county for a period of 2 years.
A bill to ame~d tpe charter of the city of Newnan.
A bill to authorize county authorities of Campbell county to pay certain costs.
A bill to revise and consolidate the several Acts granting corporate authority to the city of Americus.
A bill to amend an Act authorizing the establishment of farms as places o.f confinement for certain persons.
A bill to appropriate $10,000.00 to the State Board

WEDNESDAY, AuausT 3, 1910.

1111

of Entomology for 1911 to be used in experimental work on blackroot or wilt disease of cotton.
A bill to provide for electing the Solicitor of County Court of Putnam county.
A bill to amend an Act authorizing the town .council of Hogansville, Georgia, to establish a system of waterworks, electric lights, etc.
A bill to amend Section 982, Volume 1, Code of 1895, so as to add Edison, Calhoun county, to the list of State depositories.
A bill to appropriate $2,000.00 for improving the Confederate Cemetery at Marietta, Ga.
A bill to create a Board of Commissioners of Roads and Revenues for the county of Madison.
A bill to amend an Act creating the C'ity Court of Eastman in the county of Dodge.
A bill to appropriate to the Public Building Fund the sum of $11,363.37 to ,supply a deficiency in said fund, and the further sum of $5,000.00 to said fund to meet the premiums on insurance policies covering State properties.
A bill to amend Section 982, Volume 1 of the Code of Georgia, so as fo add Canton, Cherokee county, to the list of State depositories.

1112

JouRNAL OF THE HousE.

A bill to amend the charter of the town of Doerun.
A bill to amend the charter of the city of Marietta.
A bill to authorize the Mayor and Council of the city of Marietta to hold an election for the purpose of voting upon the question of issuing bonds.
A bill to establish a system of public schools for the city of Senoia.
A bill to regulate the preparation of live stock for market in Worth county.
A bill to repeal an Act incorporating the town of Boynton in the county of Catoosa.
A bill to amend the charter of the city of Rossville in Walker county.
A bill to amend an Act to create a Board of County Commissioners for the county of Chattooga.
A bill to incorporate the town of Pine Park in the county of Grady.
A bill to amend an Act establishing the City Court of Swainsboro in Emanuel county.
A bill to change the time of holding the Superior Courts of Dougherty and Mitchell counties.

WEDNESDAY, AuGUST 3, 1910.

1113

A bill to amend an Act to establish the City Court of Fitzgerald.
A bill to regulate slaughtering cattle, hogs and sheep in Ben Hill county.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following resolutions of the House, to-wit: .
A resolution to refuw;l H. Yarbrough certain money arising from the sale of wild lands.
A resolution appropriating $1,500.00 for the repair of walls, etc., of Resaca Cemetery.
A resolution to appropriate $281.25 to pay balance past due salary for 1909 of the assistant and the second assistant State librarian.
A resolution to refund J. R. Hubbard et al. amount paid by them for a bank charter.
A resolution to appropriate $2,500.00 for the purpose of erecting a monument to the memory of General Joseph E. Johnston, at Dalton, Whitfield county, Georgia.

1114 ..

JouRNAL OF THE HousE.

By unanimous consent it was ordered that the second fifteen minutes of the afternoon's ,session be devoted exclusively to the consideration of general bills with lo~al application.
By unanimous consent House Bill No. 681 was taken from the table and placed on the Calendar.
Mr. Pickett, of Terrell, gave notice that at the proper time be would move to reconsider the action of the House in passing House Bill No. 509.
Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
The House Committee on Corporations bas bad under consideration the following bills and instruct me, as their Chairman, to report the same back to the House with the fo1lowing recommendations, towit:
House Bill No. 1071-A bill to amend the charter
of the city of Buford, Gwinnett county. Do pass.
House Bill No. 1074-To amend charter of the town of Mitchells district. Do pass.
House Bill No. 1073-To incorporate the town of Berlin, Colquitt county. Do pass.

WEDNESDAY, AuGusT 3, 1910.

1115

House Bill No. 1061-To amend charter of the town of Decatur, DeKalb county. Do pass.
House Bill No. 1070-A bill requiring corporations doing business in this State to have two regular pay days in each month. Do not pass.
BuTT, Chairman.
Mr. Chandler, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration House Bill No. 1050-A bill to require fire insurance companies doing business in this State on assessment plan to deposit five thousand dollars with the .State.
And have instructed me, as their Chairman, to re-
port sai:ne back to the House with the recommenda-
tion that it do pass.
Respectfully submitted,
H. H. CHANDLER, Chairman.

1116

JouRNAL ol!' THE HousE.

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 return the same with the following recommendation:
House Bill No. 411-Do not pass. House Bill No. 381-Do not pass. House Resolution No. 309-Do not pass. House Resolution No. 291-Do not pass. House Resolution No. 235-Do not pass. House Resolution No. 233-Do not pass. House Resolution No. 202"-Do pass.
Respectfully submitted, WRITE, Chairman.

Mr. McMichael, Chairman of the Committee on Education, submitted the following report:

WEDNESDAY, Auau_sT 3, 1910.

1117

Mr. Speaker:

Your Committee on Education has had under consideration House Bill No. 896 and report that it do pass.
McMICHAEL, Chairman.

.Mr. Alexander, of DeKalb, Chairman of the Committee on W. & A. R. R., submitted the following report:

Mr. Speaker:
Your Committee on the Western & Atlantic Railroad bas had under consideration House Resolution No. 290, the same being a resolution to authorize the city of Atlanta to build a viaduct over the tracks of the Western & Atlantic Railroad in said city, and instruct me, as their Chairman, to report the same back with the recommendation that it do pass as amended by the Committee.
Respectfully submitted,
HooPER ALEXANDER, Chairman.
The following bill which was brought over as unfinished business was again taken up for passage, to-wit:

1118

JouRNAL oF THE HousE

.By Mr. Alexander, of DeKalb-
A bill to regulate the employment of minors m the messenger service.
Mr. Alexander, of Fulton, offered a substitute for the above bill which was lost.
The following amendments to the original bill were adopted, to-wit:

By Mr. Alexander, of DeKalb-
To amend Section 1 by adding after the word "messages" the words "by any concern or person engaged in the messenger service business.''

By Mr. Hall, of Bibb-
By striking out all of Section 1 after the enacting clause and renumbering the Sections accordingly.
Also
To amend Section 2 by inserting after the word "minor" in line 1 of said Section the words "under
/
16 years of age.''
'l'he Committee proposed to amend as follows:
To amend by striking the figures '' 8'' and insert.. ing figures "10."

WEDNESDAY, AuousT 3, 1910.

1119

Mr. Alexander, of DeKalb, proposed to amend by striking the word ''ten'' and inserting the word ''nine.''

The amendment was adopted as amended.

The report of the Committee whieh 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:

'rhose voting in the affirmative were Messrs.:

Adams

Carter

Alexander of DeKalb Chandler

Allen

Childs

Alley

Converse

Anderson of Bullock Cooke

Anderson of Chatham Cordell

Armistead

Couch

Atherton

Cowan

Atkinson

Daniel

Barksdale

Dickson

Baker

Drawdy

Bell

Edwards

Be.rry

Elder

Booker

Ellison

Brinson of Decatur English

Brown of Carroll

Faircloth

Brown of Henry

Field of DeKalb

Brown of Murray Ford

Burch

Fullbright

Butt

Garlington

Buxton

Gastley

Calbeck

Godley

Cannon

Graddick

Carswell

Gliffin of Sumter

Griffin of Twiggs G-uyton Hardman of Jackson Harrington Harvey Hatfield Henderson of Irwin Henderson of Turner Ifill Hullender Huie Johnson of Bartow Johnson of Jeff Davis Johnson of Towns Joiner Jones of Laurens Keith Kendrick Kennedy Kicklighter R.idd Kirby Littleton Lord

1120

JouRNAL OF THE HousE.

Martin

ParkN' of Talbot

Meadows of Telfair Paulk

Meadows of. Toombs Pt>rsons

Miller of Ca;lhoun Pierce

Miller of Ware

l'opa

Minter

Forter

Mitchell

Prica

Mos~

Proctor

MacFarland

Reaves

McCarthy

Hedding

McConnell

Heese

McCrory

Reid of Campbell

McCurry

Reid of Macon

McCutchen

Hoberts

McElreath

Rogers

McMahan

t\heppard

McMichael of Butts Shirley

.McMichael of Marion Simmons

:1\f cW h o r t e r

Simpson

Olive1

Slade

Smith of Gilmer Hmith of Tattnall Smith of Walton Stovall Stubbs of Putnam Tarver 'fippins 'l'racey Turner Turnipseed Upshaw waddell \\'alter$ Watkins Whiteley Wight of Grady Wood \\'right of Floyd

Those voting in the negative were Messrs.:

Alexander of Fulton Ault Barrett Boyd Brown of Fulton Cureton Edmondson Ellis Evans

Hall

Moor~

Heard

Macintyre

Holtzclaw

Parker of Decatur

Howell

Pickett

Hubbard

Stubbs of Thomas

Jones of Meriwether Tuggle

Jones of Mitchell . Williams

Lawrence

"\V()hlwender

Milikin

Those not voting were Messrs. :

Bagley Bailey Beacham Brinson of Emanuel Culberson Davis

Fender Pields of Crisp Gillis Hardeman of Jeffs 'n Helms He.ndricks

Holder of Floyd Kelley Lewis Lovejoy Middlebrooks McArthur

WEDNESDAY, AUGUST 3, 1910.

1121

Peacock
Rent:~
Rosser Strona

Vinson Wasden White of Screven W:oodlifl

wright of Stewart M:. Speak>r

By unanimous consent the verification of the roll call was dispensed with.
On the passage 'of the bill the ayes were 130,
nays, 26.

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

On motion of Mr. Hall, of Bibb, it was ordered that after today the House meet at 9 o'clock a. m. and adjourn at 2 o'clock p. m. and that there be no afternoon session.

The following special order which was read the third time on yesterday and brought over as unfinished business was again taken up, to-wit:

By Mr. McCrory, of Schley-
A bill to amend Article 7, Section 2, Paragraph 1 of the Constitution, so as to authorize the levy of a graduated income tax.
The above bill was tabled.
The next special order was the following Senate bill:

we

1122

JouRNAL OF THE HousE.

By Mr. Price, of 27th district-
A bill to amend Paragraph 1, Section 2, Article 2 of the Constitution, so as to provide for the abolition of the office of County Treasurer.

The unfavorable_report of the Committee was disagreed to on yesterday.
On the bill and pending amendment the previous question was called and the main question ordered.

The amendment offered by Mr. Moss, of Cobb, was lost.
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

Butt

:\.lexander of .DeKalb Buxton

Allen

Calbecl<

Alley

Cannon

Anderson of Bullock Carter

Anderson of Chatham Chandler

Armistead

Childs

Atkinson

Cordell

AuU

Couch

Barksdale

Cowan

Bailey

Daniel

Bake!

Davis

Booke1

Dickson

Brinson of Decatur Drawdy

Brinson of Emanuel Edwards

Brown of Henry

Elder

&own of Murray Ellison

English Paircloth J<'ord Gillis Graddick Griffin of Sumter Harrington Harvey Hatfield Helms Henderson of Irwin Henderson of Turner Hendricks Hill Hubbard Huie Johnson of Bartow

,
WEDNESDAY, AuGusT 3, 1910.

1123

Johnson of Jeff Davis McCutchen

Simmons

Johnson of Towns :McMahan

Simpson

Joiner

McMichael of Butts Smith of Gilmer

Jones of Laurens

McMichael of Marion Smlith of Tattnall

Jones of Mitchell

l\IcWhorter

Stovall

Keith

Parker of Decatur Stubbs of Putnam

K~ndrick

Parker of Talbot

Tarver

Kennedy

Peacock

Tippins

Kirby

Pickett

Tracey

Littleton

Pierce

Tuggle

Lord

I 'ope

Turnipseed

Lovejoy

Porter

Upshaw

Martin

Price

Waddell

Meadows of Telfair Proctor

Walters

Meadows of Toombs Reaves

Watkins

Miller of Calhoun Redding

White of Screven

Milikin

Reese

Williams

Mitchell

Rogers

Wood

MacFarland

Sheppard

W10odlil!

McConnell

Shirley

Wright of Floyd .

McCurry

Those voting in the negative were Messrs.:

Alexander of Fulton Barrett Berry Boyd Brown pf Carroll Burch Carswell Cooke Evans Field of DeKalb Fullbright Garlington Gastley Godley

Griffin of Tw~ggs Guyton Hall Hardman of Jackson Heard Iloltzclaw Howell Hullender .Jones of Meriwether Kidd Miller of Ware Moore Moss Macintyre

McCarthy McCrory Oliver Reid of Campbell
~nt.a
Roberts Slade Smith of Walton Strong Turner Whiteley Wight of Grady Wohlwendet

Those not voting were Messrs. :

Atherton Bagley Beacham

Bell Brown of Fulton Converse

Culberson Cureton Edmondson

1124

JouRNAL OF THE HousE.

Ellis Fender Jo'ields of Crisp Hardeman of J etfs 'n Holder of Floyd Kelley Kicklighter Lawrencs

Lewis Middlebrooks Minter McArthur McElreath Paulk Persons Reid of Moacon

Rosser Stubbs of Thomas Vinson wasden WD:ight of Stewart Mr. Sreaker

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

On the passage of the bill the ayes were 112, nays, 41.

The bill having failed to receive the requisite Constitutional two-thirds majority was lost.

Leave of absence was granted Mr. Beacham, of Dooly, sickness.

The Speaker then announced the House adjourned until 3 o'clock this afternoon.

3 o'clock p. m.
The House reconvened at this Hour and was called to order by the Speaker.
By unanimous consent the call of the roll was dispensed with.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

WEDNESDAY, AUGUST 3, 1910.

1125

Mr. 8 peaker:
The Senate has concurred in the amendment of the House to the following bill of the Senate, towit:
A bill to propose an amendment to the Constitution of Georgia, so as to authorize certain counties
W to suppleme~he salaries of judges of the Superior
Court.
By unanimous consent the following bills were 1ead the first time, to-wit:

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

By Mr. Meadows, of Telfair-
A bill to amend an Act to incorporate the town of Milan.
Referred to Committee on Corporations.

By Mr. Pope, of Brooks-
A bill to amend the charter of the town of Barwick.
Referred to Committee on Counties and County Matters.

1126

JOURNAL OF THE HousE.

By Messrs. Brown, Alexander and McElreath-

A bill to amend an Act to -reorganize the militia of Georgia.

Referred to C<>mmittee on Military Affairs.

By Mr. Calbeck, of Gordon-



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

Referred to Committee on Corporations.

By Messrs. Brown, McElreath and Alexander-
A bill to provide that no common drinking cup shall be supplied in public places.
Referred to Committee on Hygiene and Sanitation.

By Mr. Alexander, of Fulton-
A resolution to provide for placing benches on the capitol grounds.
To lie on table 1 day.

WEDNESDAY, AUGUST 3, 1910.

1127

By Mr. Paulk, of Berrien-

A bill to amend the charter of the city of Nashville.

Referred to Committee on Corporations.

By Mr. Gastley, of Habersham-
A bill to create a Board of Commissioners of Roads and Revenues for the county of Habersham.
Referred to Committee on Corporations.

By Messrs: Brinson, of Decatur; Alexander, of Fulton-
A resolution pro~iding that the State cede to Atlanta the old locomotive ''Texas.''
Referred to Committee on W. & A. R. R.

By Mr. Elder, of Oconee-
A resolution to request the removal from office of Henry A. Rucker.
To lie on table 1 day.

1128

JouRNAL OF THE HousE.

By Mr. Reese, of Glynn-
A bill to repeal an Act to prevent hogs from running at large on the leland of St. Simons.
Referred to Committee on General Agriculture.

By Mr. Miller, of CalhounA resolution to pay pension of I. N. Burney. Referred to Committee on Pensions.

By Messrs. Rentz and Holtzclaw, of Houston-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Houston.
Referred to Committee on Counties and County Matters.
Mr. Persons, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. Speaker:
Your Committee on Constitutional Amendments has had under consideration House Bill No. 96 and have authorized me, as their Chairman, to report

WEDNESDAY, AuGusT 3, 1910.

1129

the same back with the recommendation that it do pass as amended by substitute.

August 2nd 1910.

PERSONs, Chairman.

Mr. Macintyre, Chairman of the Committee on Counties and County Matters submitted the following report:

Mr. 8 peaker:
Your Committee on County and County Matters, having considered the following bills, make report, to-wit:
That House Bill No. 1069, "to fix salary of Treasurer of Harris county,'' do pass.
That House Bill No. 1072, ''to fix salary for Treas- urer of Haralson county," do pass.
Respectfuly submited,
MAciNTYRE, Chairman.
The following bills were read the second time, towit:
By Messrs. McElreath, Alexander, and Brown-
A resolution to cede certain property on Peachtree Street to Atlanta so as to widen said street.

1130

JOURNAL OF THE HouSE.

By Messrs. Brown, McElreath and Alexander-

A resolution to pay pension of A. V. Poole.

By Messrs. Baker, Burch and Lewis-
A resolution to pay C. B. Weatherly stenographer for Committee to rearrange Judicial Circuits.

By Messrs. Alexander, Brown and McElreath-

A resolution to authorize the City of ~.tlanta to build viaducts across the right-of-way of the W. & A. Railroad.

By Mr. Keith, of 'Meriwether-
A resolution to pay stenographer in investigation of office of Public Keeper of Buildings and Grounds.

By Mr. Alexander, of DeKalb--

A bill to amend the Constution so as to increase the salary of the Comptroller General.

By M~ssrs. Parker and Kidd-
A bill to provide for the distribution of tax arising from tax on dogs.

WEDNESDAY, AuGUST 3, 1910.

1131

By Mr. Vinson, of Baldwin-
A bill to authorize Prison Commi~sion to erect certain buildings at State Farm.

By Messrs. Heard and Beacham-
A bill to require Fire Insurance Companies doing business on assessment plan to make deposit.

By Messrs. Simpson and McConnell-
A bill to amend the charter of the city o~ Buford.

By Mr. Calbeck, of GordonA bill to incorporate the town of Ranger.

By Mr. Rosser, of Wa1kerA. bill to amend the charter of LaFayette.

By Mr. Alexander, of DeKalbA bill to amend the charter of the town of Decatur.

By Mr. Barrett, of Stephens-
A bill to appropriate $2000, to the State Board of Health.

1132

JouRNAL OF THE HousE.

By Mr. Williams, of Madison-
A' bill to authorize the town of Comer to issue bon"ds for water works.

By Mr. Ellison, of Harris-

A bill to :fix the salary of the Treasurer of Harris county.

By Mr. Waddell, of Haralson-

A bill to fix the salary of the Treasurer of Haralson county.

By Mr. Walters, of HarrisA bill to incorporate the town of Berlin.

By Mr. Peacock, of Pulaski-
A bill to incorporate the town of Mitchells District.
By unanimous consent House Bill No. 984 was tal)led.
The following Senate Bills were read the second time, to-wit:

WEDNESDAY, AuGUST 3, 1910.

1133

By Messrs. Slaton, of 35th district, MeWilliams; of 34th district-

A bill to amend the Constitution, so as to increase the salary of the State School Commissioner.

By Mr. Calhoun, of 15th district-
A bill to amend an Act to incorporate the town of .Soperton.
The following Senate Bills were read the first time, to-wit: .

By Mr. Callaway, of 29th district-
A bill to amend an Act to amend Section 2166 of the Code.
Referred to Committee on General Judiciary.

By Mr. Harrell, of 12th district-
A bill to authorize the Commissioners of Stewart county to pay costs.
Referred to Committee on Ccunties and County Matters.

1134

JouRNAL OF THE HousE.

By Mr. King, of 14th districtA bill to provide Solicitors of City Courts. Referred to Committee on Special Judiciary.

By Mr. King, of 14th district-
A bill to provide for the transfer of Registered Matters of municipalities and etc.
Referred to Committee on Corporations.

By Mr. Kemp, of 16th district-
A bill to amend an Act to create the City Court of Swainesboro.
Referred to Committee on Special Judiciary.

By Mr. Mathews, of 23rd district-
A bill to provide a method of assessing and collecting taxes.
Referred to Committee on Ways and Means.

By Mr. Stevens, of 30th district-
A bill to amend the charter of the town of Lexington.
Referred to Committee on Corporations.

WEDNESDAY, AuGUST 3, 1910.

11:~5

By Mr. Sellers, of 3rd district -
A bill to restrict the Jurisdiction of the City Court of Baxley.
Referred to Committee on General Judiciary.

By Mr. Slaton, of 35th district-
A bill to allow County Commissioners of certain counties to condemn land for road purposes.
Referred to Committee on Counties and County Matters.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Ford, of Worth-
A bill to amend an Act to create the City Court of Sylvester.
r.l'he favorable report ofihe Committee was agreed to.
On the passage of the bill the ayes were 100, nays, 0.
r.l'he bill having received the requisite Constitutional majority was passed.

1136

JOURNAL oF THE HousE.

By Mr. Fender, of Lowndes-
A bill to require the Commissioners of Lowndes county to work roads running through municipalities.
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 Constitutional majority was passed.

By Mr. Ford, of Worth-
A bill to repeal an Act to amend, to create the City Oourt of Sylvester.
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 Constitutional majority was passed.

By Mr. Brown, of Murray-
A bill to fix the salary of the Treasurer of Murray county.

WEDNESDAY, AUGUST 3, 1910.

1137

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 Constitu. tiona! majority was passed.

By Mr. Reeves, of McDuffie-
A bill to incorporate the town of Dearing.
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. Reid, of Macon-
A bill to amend and consolidate all Acts to incorporate the town of Marshallville.
The report of the Committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 98; nays 0.
The bill having received the requisite Constitutional majority was passed.

1138

JouRNAL o.F THE HousE.

By Mr. Reid, of Macon-
A bill to amend an Act creating a Board of Commissioners for Macon county.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 98; nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Alexander, of DeKalb-
.
A bill to provide a new charter for the town of East Lake.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 98; nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Lawrence, Anderson and McCarty-
A bill to authorize the County Physicians in certain counties to employ nurses for County Convict Hospital.

WEDNESDAY, AuGusT 3, 1910.

1139

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 Constitutional majority was passed.

By Messrs. Simpson and McConnell-
A bill to amend an Act to incorporate the town of
Norcross.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 100; nays 0.
The bill having received the requisite Constitutional majority' was passed.
\
By Mr. Hardeman, of Jefferson-
A bill to amend an Act to create a system of schools for Louisville.
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 Constitutional majority was passed.

1140

JouRNAL OF THE HousE.

By Mr. Hardeman, of Jefferson-

A bill to amend an Act to create a system of public schools for Louisville.
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 Constitutional majority was pa::;sed.
The house concurred in the Senate amendments to the following House BiJls, to-wit:

By Mr. McElreath, of Fulton-
A bill to authorize County Commissioners to create a Board of Examiners of stationary engineers.

By Mr. Chandler, of Franklin-
A bill to repeal an Act to create the office of Commissioners of Roads and Revenues for Franklin county.
The following Senate bills were read the third time and put upon their passage, to-wit:

WEDNESDAY, AuGUST 3, 1910.

1141

By Mr. Slaton, of 35th district-
A bill to provide for the control of cemeteries in certain counties.
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 Constitutional majority was passed.

By Mr. Akin, of 4th district-
A bill to authorize the Commissioners of Glynn county to fix the salary of the Clerk of said Commissioners.
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 Constitutional majority was passed.
The following special orders were taken up, read the third time and put upon their passage, to-wit:

By Mr. Persons, of Monroe-A bill to revise the school laws so as to substitute

1142

JouRNAL OF THE HousE.

a County Superintendent of schools for County Commissioner of Education.
The Committee on Education proposed a substitute for the above bill, which was amended as follows:
To amend Section 1 line 9 by striking ''4 years'' and substituting "6 years."
To amend by striking allafter word "Education" in line 6 to and including word." determine" in line 12 of Section 1, and inserting in lieu thereof the words: ''The six citizens aforesaid shall be experienced educators of prominence, actually engaged in educational work not less than two of whom shall be elected from the public or common school teachers and County Superintendents of this State, oas said electing officers shall determine.''
The substitute was then adopted as amended.
The report of the Committee which was favorable to the bill by substitute was agreed to as amended.
On the passage of the bill the ayes were 96; nays 4.
The bill having received the requisite Constitulional majority was pa-ssed by substitute as amended.
On motion of Mr. Persons, of Monroe, House Bills Nos. 202, 203, 430 were tabled ; the same being companion bills to the bill first passed.

WEDNESDA:Y, AUGUST 3, 1910.

1143

The next special order is as follows, to-wit:

By Messrs. Barksdale and Booker, of Wilkes-
A bill to cr'eate a new judicial circuit; to provide a Judge and Solicitor General therefor, and for other purposes.
The Committee proposed a substitute for the bill which was amended as follows:

By Messrs. Barksdale and Booker-
To amend by st:riking all the words in line 3, Section 1, a.fter the word "after" and before the word ''a'' and insert in lieu thereof the following ''the first day of January 1911'' also to amend by adding a new Section to be numbered 6 to read as follows: Section 6. Be it further enacted by the same authority that the Courts of the Counties of the Toombs Circuit shall be held quarterly as follows: Lincoln 4th Mondays in April, June, October, and January; Glascock, 3d Mondays in February, May, August, and November; Taliaferro, 4th Mondays in February, May, August, and November; W arren county, 1st Mondays in April, July, October, and January; Wilkes, 1st Mondays in May, August, November, and February. Provided, however, that the Grand Juries of the counties of this circuit shall not be convened except for the Spring and Fall terms of the Court unless in the discretion of the presiding judge it

1144

JouRNAL OI<' THE HousE.

shall be deemed expedient to call a special session of the Grand Jury at some other term."
The report of the Committee which was f.avorable to the passage of the bill by substitute as amended was agreed to.
On the passage of the bill the ayes were 93 ; nays 8.
The bill having received the requisite Constitutional majority was passed by substitute as amended.
The next special order for consideration was the following bill, which was read third time and put upon its passage, to-wit:

By Mr. Davis, of Dougherty-
A bill to amend an Act to <!reate in the Treasury Department, a Bureau and for other purposes.
Pending discussion on the above bill a motion to adjourn was put and carried and the same was put over as unfinished business.

'l'he Speaker then announced the house adjourned until 9 o'clock to-morrow morning.

THURSDAY, AuGusT 4, 1910.

1145

ATLANTA, GEORGIA,

THURSDAY, August 4th, 1910.

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

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley.

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converse

Auli

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beacham

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boyd

Edmondson

Brinson of. Decatur Edwards

Brinson of Emanuel Elde-r

Brown of Carroll

~llis

Brown of Fulton

lillison

Brown of Henry

English

Brown of Murray Evans

Faircloth Fender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick (,riffin of Sumter Griffin of Twiggs Guyton Hall Hardeman of Jeffs'n I i ardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd

1146

JouRNAL OF THE HousE.

Holtzclaw

:MacFarland

Shirley

Howell

Macintyre

Simmon

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

SmJith of. Tattnall

Johnson of Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Stronf:

Jones of Laurens

McMahan

Stubbs of Putnam

.Tones of Meriwether McMichael of Butts Stubbs of Thomas

Jones of Mitchell

McMichael of Marion Tarver

Keith

:McWhorter

Tippins

Kelley

Oliver

'l'raeey

Kendrick

Parker of Decatur Tuggle

Kennedy

Parker of Talbot

'l'urner

Kicklighter

Paulk

Turnipseed

Kidd

Peacock

Upshaw

Kirby

Persons

Vinson

Lawrence

Pickett

Waddell

Lewis

Pierce

Walters

Littleton

J'optt

Wasden

Lord

Porter

Watkins

Lovejoy.

Prioo

White of Screven

Martin

Proctor

Whiteley

Meadows of Telfair Reaves

Wight of. Grad;r

Meadows of Toombs Redding

Williams

Middlebrooks

Reese

Wohlwender

Miller of Calhoun Reid of Campbell Wood

Miller of Ware

Reid of Maeon

Wloodli:fl

Milikin

Rent:&

Wright of. Floyd

Minter

Roberti

W;right of Stewart

Mitchell

Rogers

:Mr. Speaker

Moore

Rosser

Moss

Sheppard

Mr. Henderson, of Irwin gave notice that at the proper time he would move to re-consider the action . of the house in defeating the bill of the Senate to abolish the office of County Treasurer.



THURSDAY, AuousT 4, 1910.

1147

By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
By unanimous consent the Speaker made the following Committee assignment: to the Western and Atlantic Committee-Messrs. Martin, of Lee; Pickett, of Terrell, Stubbs, of Putnam.
By unanimous con~ent the following bills were read the third time and put upon their passage, towit:

By Mr. Ault, of Polk-
A bill to amend Section 813 of the Code of 1895 and for other purposes.
The following amendment was adopted:

By Mr. Ault-
To amend by adding a new Section as follows: "This Act to become effective January, 1st 1911.
The favorable report was agreed to as amended.
On the passage of the bill the ayes were 102; nays 6.
The bill having received the requisite Constitutional majority was passed as amended.

1148

JouRNAL OJ<' THE HousE.

By Mr. Butt, of Fannin-
A bill to amend Section 4646, Volume 2 of the Code, which relates to the time when answers to writs of certiorari shall be filed.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 114; nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. McCutchen, of Heard-
A bill to provide in what cases counties shall be charged with the expense of arrests and for other purposes.
The following amendment by Mr. McCutohen was adopted, to-wit:
To amend by inserting the words "before or" after word ''carried'' in the line next to the last in Section 1.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 93; nays 1.

THURSDAY, AuGusT 4, 1910.

1149

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

By Messrs. Miller, of Ware and Boyd, of Spalding-
A bill to amend an Act providing for the establish ment of the Agricultural Experiment Station.
The following amendment was adopted:
To amend by striking all of Section 5 and numbering remaining Sections.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 75; nays, 28.
The bill having failed to receive the requisite Constitutional majority was lost.
By unanimous consent the following bill was taken up and the Senate amendments concurred in, to-wit:

By Mr. Boyd, of Spalding-
A bill to consolidate the laws to create the charter of the City of Griffin.
By unanimous consent the following bill was read the second time and recommitted, to-wit:

1150

JouRNAL oF THE HousE.

By Messrs. Jones and Keith, of Meriwether-
A bill to incorporate the town of Durand.
On motion of Mr. Lewis, of Hancock, the House reconsidered its action, defeating House Bill No. 950.
By unanimous consent Senate Bill No. 31, was taken from the table and placed on the Calendar.
Upon the request of Mr. Longley, Senator from the 37th district the _following communication was read:

HoN. J. N. HoLDER,

ATLANTA, August, 2nd 1910.

Speaker of the House of Representatives.

Mr. Speaker:

There is pending in the House, Senate Resolution No. 50 for the preservation of the history engine "Texas" the capture of the stolen engine "general" during the stormy sixties. This old engine is rusting in the shops of theW. & A. Railroad and has been ]aid aside_ as a castaway, while the "general" is in a good state of preservation. The Senate without a dissenting vote passed the resolution and appointed the two committeemen as provided by the resolution. It might be well for the house to appropriate

THURSDAY, AuGusT 4, 1910.

1151

a small amount for necessary repairs on the Texas. l am in receipt of letters urging me to press this resolution and I am writing this note lest it might be overlooked.
Respectfully,
F. M. LoNGLEY, 37th district.

The following communication was read:

CouNCIL CHAMBER, ATLANTA, GEoRGIA,

By Councilman Chambers-

Au~st, 1st 1910.

Resolved by the Mayor and General Council that whereas, there is now located on a sidetrack in the yards of the Western & Atlantic Railroad in the city of Atlanta, in a dilapidated condition, an old locomotive engine known and -called by the name of the ''Texas,'' and

Whe:r:eas such engine has a history which is connected with the sentiments, traditions and principles of the "Old South," and same should be preserved as a memento of the great struggles between the sections of our Country in the sixties, and
Whereas, there is now pending before the Legislature of Georgia a resolution looking to the turning over to the City of Atlanta the said engine;

1152

JouRNAL OF THE HousE.

Therefore, Resolved, that if such resolution should pass the Legislature of Georgia, the city of Atlanta will remove such engine from its present location to Grant Park, and there provide suitable location for same in a building where it c:an be on exhibition similar to the "Cyclorama" without cost to the State of Georgia.
Adopted by Council August 1st, 1910.

A true copy.

.T. P. FosTER, Clerk of Council.

By motion of Mr. Anderson, of Chatham the house reconsidered its action in :fixing the sessions of the house from 9 till 2 o'clock.
Mr. Anderson then moved that the remainder of the session the house hold two sessions a day, beginning at 9 o'clock A. J\L to 1 o'clo.ck P. M. and from 2:30P.M. to 5 P.M. except on Saturday, when the hours shall be from 9 A.M. to 1 P.M.
The following resolution was read and adopted, to-wit:

By Mr. Brown, of Murray-
A resolution tendering the sympathy of the house to Hon. L. W. Johnson, of Jeff Davis county.
On motion of Mr. Henderson, of Irwin the house reconsidered its action in defeating Senate Bill No. 10.

THURSDAY, AuGUST 4, 1910.

. 1153

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

Mr. 8peaker:
The Senate has concurred in the amendment of the House to the following bill of the Senate, to-wit:
A bill to amend the charter of the city of Sparta, approved, August 7th 1905.
The following message was received from the senate, through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by substitute, by requisite Constitutional majority the following bill of the house, to-wit :
A bill to provide for the establishing of certificates of stock of banks or private corporations in lieu of lost certificates and for other purposes.
The Senate has passed as amended by a requisite Constitutional majority, the following bill of the House, to-wit:
A bill to provide for the payment by counties having a population of not less than 24,890 nor more than 24,995 of actual costs incurred in the Superior ' and City Courts, in certain cases.

1154

.JouRNAL OF THE HousE.

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

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority, the following bills of the House, towit:
A bill to appropriate $35,000.00 for the building upon the campus of the Georgia Normal and Industrial College at Milledgeville, Georgia.
A bill to 'amend an Act to create a Board of Commissioners of Roads and Revenues for Turner county.
A bill to amend an Act to incorporate the town of Sycamore,. approved September 29th 1891.
A bill to prevent hunting fox during certain seasons of the year in the county of White.
A bill to abolish the City Court of Calhoun county.
A bill to incorporate the city of Sale City in Mitchell county.
A bill to incorporate the town of Oakhurst in DeKalb county.
A bill to amend the laws relating to the City Court of Savannah.

THURSDAY, AuGUST 4, 1910.

1155

A bill to revise, consolidate and supersede the Acts incorporating the town of Bowden, in the county of Carroll.
A bill to amend an Act creating a Board of Roads and Revenues for the county of Washington.
A bill to authorize the Mayor 'and Council of Marietta to order an election upon the question of issuing water works bonds.
A bill to amend an Act to establish a system of Public Schools for the city of Ocilla.
A bill to create a Board of Commissioners of Roads and Revenues for the county of Putnam.
A bill to amend an Act creating the office of Commissio_ner of Roads and Revenues for the county of Carroll.
A bill to amend the charter of the town of Grantville.
A bill to amend the charter of the town of Kite.
A bill to incorporate the city of Commerce.
A bill to amend,the charter of the town of Kingston, in the county of Bartow.

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

1156

JouRNAL OF THE HousE.

Mr. Speaker:

The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit:
A bill to prohibit the shooting at any occupied house with any gun or pistol.
A bill to authorize the Commissioners of Commons of the city of Columbus to convey to the city of Columbus the title to certain common land.
A bill to provide for the regulation of inspection of grain and hay.
A bill to change the time of holding the Supreme Court of Dawson county.
A bill to amend an Act incorporating the city of Hartwell.
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 return the same with the following recommendations:

.

*SDAY, AuausT 4, 1910.

1157

Hou;~l That

No. 1068. Do not pass.

That House Resolution No. 287. Do pass.

Respectfully submitted,

August, 4th 1910.

WRITE, 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 instructed me, as their Cahirman, to report same hack to the House with the recommendation that same do pass, to-wit:
A bill to amend Act amending Section 2166 Code of Georgia 1895 relative to extension of railroad charters.
A bill to restrict jurisdiction of City Court of Baxley.
Also the following bills of the Serrate with the recommendation that same do not pass, to-wit:
A bill to define the rights of Orphan Homes and other benevolent institutions of this State.

115~

JouRNAL oF THE Hou.

fas~liseven A biil to regulate mortgage :fi.

years.

A bill to regulate the grant of new trials.

Respectfully submitted,

JosEPH H. HALL, Chairman.

Mr. Macintyre, Chairman of the Committee on Counties ,and County Matters submitted the following report:

Mr. Speaker:
Committee on Counties and County Matters make report upon the following bills, to-wit:
That House Bill 1081-To repeal Act amending charter of Barwick. Do pass.
House Bill 1084--To amend Road Commissioners Houston county. Do pass.
Senate Bill No. 272-To amend Road Commissioners of Stewart county. Do pass.
___ Senate Bill No. 214-To grant powers to Road Commissioners in counties over 125,000 inhabitants. Do pass. Respectfully submitted,
MAciNTYRE, Chairman.

THURSDAY, AuGUST 4, 1910.

1159

Mr. Johnson, of Bartow, Chairman Committee on General Agriculture submitted the following report:

M 1. Speaker:
Your Committee on General Agriculture have had under consideration House Bill 1083, a bill to repeal Hog Law, on St. Simon's Island and have instructed me as their Chairman to report the same back with recommendation that it do pass.
JoHNSON, of Bartow, Chairman.

Mr. Persons, Chairman of the Committee on Constitutional amendments submitted the fo11owing report:

Mr. Speaker:

Your Committee on Constitutional amendments has had under consideratiol! Senate Bill No. 197, and has authorized me as their Chairman to report the same back to the house with the recommendation that the same do not pass.

August, 4th 1910.

PERSONs, Chairman.

Mr. Reid, Chairman of the Committee on Ways and Means submitted the following report:

1160

JouRNAL OF THE HousE.

Mr. Speaker:

Your Committee on Ways and Means have had under consideration Senate Bill No. 133 by Mr. Mathews, 23rd district, being a bill to be entitled an Act to provide a method for assessing and collecting taxes where such taxes are authorized and no adequate provision is made in the Act authorizing the same or in the general law, for giving the taxpayer notice and opportunity to be heard as to valuations, etc. And they instruct me as their Chairman to report the same back to the House with recommendation that the same do pass.
Respectfully submitted,
C. S. REm, Chairman.

Mr. Alexander, of DeKalb, Chairman of theW. & A. Railroad Committee submitted the following report:.

Mr. Speaker:
Your Committee on the Western and Atlantic Railroad have had under consideration Senate Resolution No. 48, providing for a joint Committee to consider arid report on the need for terminals at Chattanooga and instruct me as their Chairman to report the same back with the recommendation that the same do not pass.

THURSDAY, AuausT 4, 1910.

1161

Your Committee have also had under consideration House Resolution No. 313 relating to the preservation of the engine Texas and direct me as their Chairman to report the same back with the recommendation that it do pass.

Your Committee have also had under consideration House Bill No. 863 known as the Plaza bill and instruct me as their Chairman to report the same . back with the recommendation that the same do pass by substitute wherewith submitted to the House.
Respectfully submitted
HooPER ALEXANDER, Chairman.

The following bills were taken up under the head of unfinished business for further consideration, to- wit:

By Messrs. Fullbright, of BuFke, Garlington, of Richmond-
A bill to amend Section 2279 of the Code fixing the time when the responsibility of common carriers . commences.
On motion of Mr. Anderson, of Chatham the above bill was tabled.

1162

JouRNAL OF THE HousE.

By Mr. Davis, of Dougherty-
A bill to amend an Act to create m the State Treasury a Bank Bureau and for other purposes.
The following amendments were adopted, to-wit: By the Committee, to :amend by inserting the word ''penal'' before the word ''provision'' in last line of Section 23. ,
To amend by inserting the words ''or have them amply secured'' at the end of line 23 Section 25, after word ''collected.''
To amend by striking from line 4 Section 23 the words ''and after if necessary; and oftener if necessary," and add at the end of said Section ''That nothing in this Act shall be so construed a~ to apply to private bankcs doing business in this State."
To amend by striking out all of Section 35.
To amend Section 38 by striking out of line 3 the words: ''shall not at any time exceed the unimpaired capital, surplus and undivided profits,'' and in lieu thereof insert ''shall not exceed double the capital stock paid in.''
The following amendment by Mr. Anderson, of Chatham was adopted.

THURSDAY, AUGUST 4, 1910.

1163

To amend by striking out the words $25,000 arid inserting the words $15,000 wherever the same occurs.

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

Converse

Alexander of DeKalb Cook8

Alexander of Fulton Cordell

Allen

Couch

Anderson of Bullock Cowan

Anderson of Chatham Daniel

Armistead

Davis

Atherton

Dickson

Ault

Edmondson

Barksdale

Ellis

Baker

English

Barrett

Evans

Bell

Faircloth

Booker

Ford

.Boyd

Fullbright

Brinson of Decatur Garlington

Brown of Carroll

Guyton

Brown of Henry

Hall

Brown of Murray liardman of Jackson

Butt

Hatfield

Calbeck

Henderson of Irwin

Cannon

Hill

Carswell

Holder of Floyd

Carter

.Jones of Meriwether

Chandler

Kendrick

Childs

Kidd

Kirby Lawrence Littleton Lovejoy Martin Middlebrooks Minter Mitchell Moore MacFarland Macintyre McCarthy McCurry McCutchen McElreath McMahan McMichael of Butts McWhorter Paulk Peacock Persons Pierce Pope Redding Reese Reid of Campbell

1164

JouRNAL OF THE HousE.

Roberts Simmons Slade Smith of Gilmer

8tubbs of Putnam Tuggle l:pshaw Vinson

Watkins Wight of Grady
William~
Wohlwender

Those voting in the negative were Messrs.:

Bailey Berry Brinson of Emanuel Culberson Cureton Drawdy Edwards Elder Ellison F'ield of DeKalb Gastley Gillis Godley Grad dick Griffin of Sumter Griffin of Twiggs Harrington Harvey Heard Henderson of Turner

Hendricks Holtzclaw Howell Huie Johnson of-Bartow JQhnson of Towns Joiner J'ones of Laurens Jones uf Mitchell Kennedy Lewis Lord Miller of Ware Milikin McConnell McCrory Oliver Parke.r of Talbot Price Proctor

Heaves Reid of Macon Rentz Rogers Hosser Sheppard Shirley SDllith of Tattnall Smith of Walton Strong Tarver Tippins Tracey Turnipseed Waddell Walters White of Screven Whiteley wood

Those not voting were Messrs. :

Alley Atkinson Bagley Beacham Brown of Fulton Burch Buxton Fender Fields of Crisp Hardeman of Jeffs'n Helms Hubbard

Hullender

Pickett

.Johnson of Jeff Davis Porter

Keith

Simpson

Kelley

Stovall

Kicklighter

Stubbs of Thomas

Meadows of Telfair Turner

Meadows of Toombs Wasden

Miller of Calhoun \Voodlifl

Mos$

Wright of. FloJd

McArthur

Wright of Stewart

McMichael of Marion l\fr. Speaker

Parker of Decatur

THURSDAY, AuGus~ 4, 1910.

1165

By unanimous consent the verifieation of the roll call was dispensed with.
On the passage of the bill the ayes were 90; nays 59.
The bill having failed to receive the requisite Constitutional majority was lost.

By Messrs. Brown, of Carroll, Lawrence, of Chatham and Jones, of Meriwether-
A bill to adopt and make of force the Code of Laws prepared by John L. Hopkins.
An appropriation being involved the Speaker resolved the house into the Committee of the whole and designated Mr. Anderson of Chatham as Chairman.
After a consideration of the bill the Committee arose and thnmgh its Chairman reported progress 8lld -asked leave to sit again.
The following message was received from the Senate through Mr. Northen,- Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended by a requisite Constitutional majority the following bill of the House, to-wit:

1166

JouRNf\L OF THE HousE.

A bill to amend Paragraph 2, Article 7 of the Constitution of Georgia by striking certain words.
The following bill was taken up and the Senate amendment agreed to, to-wit:

By Mr. Persons, of Monroe-
A bill to amend Paragraph 2 Section 6 Act 7 of the Constitution.
Mr. Hall, of Bibb, moved to adjourn, which motion prevailed and the business for which the session was extended was taken up.
The following bills were read the second time, to-
wit:

By Messrs. Brown, McElreath and Alexander, of Fulton-
A bill to provide for the estab1ishmetn of a Civic Center for Atlanta.

By Messrs. Rentz and Holtzclaw, of Houston-
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Houston.
The fo11owing Senate Resolution was taken up, read and adopted, to-wit:

uno. 'l'HUR8DAY, AuGUST 4,

1167

By Mr. Longley, of 37th district-
A resolution in reference to the engines ''General'' and "Texas."
The following bill was read the third time and put upon its passage, to-wit:

By Mr. Hall, of Bibb-
A bill to amend the charter of the city of Macon.
The following amendments were adopted:
To amend by striking the title and inserting the following; "a bill to be entitled an Act to amend an Act to incorporate theMayor and Council of the city
of Macon and the several Acts amendatory thereof,
and for other purposes.''
To amend Section 1 by inserting the following words; ''and the Mayor and Council of the city of Macon are hereby authorized to own and operate within the city of Macon and county of Bibb a system of waterworks for supplying water to the citizens of Macon and the county of Bibb whenever the said city shall acquire the same as provided for in this oill.
To amend Section 1 line 5 by inserting between the word "now" and "operated" the words "own or."

1168

JOURNAL OF THE HousE.

To amend Section 3 by striking the W(')rd "many" in line 8 and inserting the words ; ''as much of the proceeds.'''
To amend Section 4 by adding at the end thereof the following; ''that the Mayor and Council shall call said election not later than the first day of April, 1911.''
To amend Section 6 by striking all of lines 13, 14, 15, 16, 17, 18, 19 between the words "company" and the words ''said contract.''
To amend Section 12 line 9 after word "contract" and before word purchase by striking the words ''or to'' and inserting the words ''and shall have power in any contract made under the provisions of this Act to provide for this.''
To amend by inserting after the word purchase at end of line 9, the word "of."
The report of the Committee which was favorable to the passage -of the bill as amended was agreed to.
On the p~ssage of the bill the ayes were 110, nays 0.
The bill having received the requisite Constitutional majority was passed as amended.
Leave of absence was granted Mr. Oliver, of Quitman, business.

THuRSDAY, AuausT 4, 1910.

1169

The Speaker then announced the House adjourned until 2 :30 o'clock this afternoon.

2 :30 o'Clock p. m.
rrhe 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. Miller, of Ware gave notice that at the proper time he would move to reconsider the action of the bouse in def~ating House Bill No. 540.
The order of business as prescribed by the Committee on Rules during the morning session was taken up and the following new bills were read the first time, to-wit:
By Mr. Burch, of Lawrence-
A bill to create a new charter for the town of Dexter.
Referred to Committee on Corporations.
By Mr. Rosser, of ""\\'"alker-
A bill to amend Section 982 Volume 1 of the Code

1170

JouRNAL m' THE HousE.

so as to add the town of Ringgold to the list of State , Depositories.
Referred to Committee on Banks and Banking.

By Mr. Rosser, of Walker-
A bill to make the 1st National Bank of La Fayette a State Depository.
Referred to Committee on Banks and Banking.

By Mr. Alexander, of DeKalb-
A resolution to authorize the Governor to accept certain lands on the Tallulah river.
Lie on table 1 day.

By Mr. Barrett, of StephensA bill to appropriate $50.00 to pay for water fur-
nished the house during 1910. Referred to Committee on Appropriations.
By Mr. Middlebrooks, of NewtonA bi11 to amend the charter of the town of Oxford. Referred to Committee on Corporations.

THURSDAY, AuousT 4, 1910.

1171

By Mr. Harrington, of Liberty-

A bill to make House Bill No. 723 a special order.

Referred to Committee on Rules.

The following bills were read the second time, towit:

By Mr. Rogers, of Randolph-
A resolution to pay pension to A. H. Harrison.
By Messrs. Brinson, of Decatur, Alexander, of Fulton-

A resoltuion to provide for the cession of the old locomotive engine "Texas" to the city of Atlanta.

By Mr. Pope, of Brooks-
A bill to repeal an Act to amend the charter of the town of Barwick.
By Mr. Reese, of Glynn-
A bill to repeal an Act to prevent hogs from running at large on the Island of St. Simons.

1172

JouRNAL OF THE HousE.

By Mr. Paulk, of Berrien-
A bill to amend the charter of the city of Nashville.
The above bill was recommitted to Committee on Corporations.
The following House bills were read the third time, to-wit:

By Mr. Calbeck, of Gordon-
A bill to incorporate the town of Rangers.
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. Rosser, of Walker-
A bill to amend the charter of the city of La Fayette.
The favorable report of the Committee was agreed to.

THURSDAY, Auous'Il 4, 1910.

1173

On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Alexander, of DeKalb-
.A bill to amend the charter of the city of Atlanta.
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. Williams, of Madison-
A bill to authorize the town of Comer to issue bonds for waterworks.
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.

117 4

JOURNAL OF THE HOUSE.

By Mr. Ellison, of Harris-
A bill to fix the salary of the Treasurer of Harris county.

The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 110, nays, 0.

The bill having received the requisite Constitutional majority was passed.

By Messrs. Simpson and McConnell, of Gwinnett-
A bill to amend the charter of the city of Buford.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 112, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Waddell, of Haralson-
A bill to fix the salary of the Treasurer of Haralson county.

THURSDAY, AuGUST 4, 1910.

1175

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. Walters, of Colquitt-
A bill to incorporate the town of Berlin.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Peacock, of Pulaski-
A bill to amend an Act to incorporate the town of Mitchells District.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109, nays, 0.

1176

JouRNAL OF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Mr. Moss, of Cobb__:_
A bill to -amend an Act to create a system of public schools for the city of Marietta.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 109, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Burch, of Laurens-
A bill to regulate the practice of optometry.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 45, nays, 67.
Thehili having failed to receive the requisite Constitutional majority was lost.
By Mr. McElreath, of Fulton-
A bill to amend an Act to incorporate the city of Hapeville.

THURSDAY, AuausT 4, 1910.

1177

The following amendments were adopted, to-wit:

The Committee amends by striking out Sections one (1) ~nd three (3) of said bill, and by inserting in lieu of Section one (1) thereof the following, towit:
''SEcTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved September 16, 1891, entitled ''An Act to incorporate the city of Hapeville, Georgia, and for other purposes," and the several Acts amendatory thereof, be and they are hereby amended so as .to extend the corporate limits of said city of Hapeville,
and to provide that the corporate limits of said city
of Hapeville as hereby amended shall embrace and include the f~llowing territ~ry, to-wit: All that tract or parcel of land described as follows : Beginning at the original northwest corner of land lot ninety-nine (99) of the fourteenth (14) district of originally Henry, now Fulton county, Georgia? and running thence East along the original north lines of land lots ninety-nine (99) and ninety-four (94) to the original northeast corner of land lot ninetyfour (94); thence south along the original east lines of land lots ninety-four (94) and ninety-five (95) to the present corporate limits of said city of Hapeville; thence southeasterly along the present corporate limits of said city of Hapeville and beyond, following a straight line, to the right-of-way of the Southern Railway Company; thence southwesterly

1178

JouRNAL OF THE HousE.

nlong said right-of-way to the right-of-way of the Central of Georgia Railway .Company; thence northwesterly along said right-of-way to the original east line of land lot ninety-six (96); thence South along said east line to the original southeast corner of land lot ninety-seven (97) ; thence north along the original south lines of land lots ninety-six (96) and ninetyseven (97), to the original southwest corner of land lot ninety-seven (97; thence north along the original west line of land lot ninety-seven (97), to the present corporate limits of said city of Hapeville; thence northwesterly along the present corporate limits to the extreme western corner of said corporate limits; thence northeasterly along present corporate limits of said city of Hapeville to the center of Virginia avenue; thence west along the center of Virginia avenue to the center of Whipple avenue; thence north along the center of Whipple avenue to the southwest corner of t~e Piedmont Cotton Mills property; thence east along the south line of the Piedmont Cotton Mills property fourteen hundred and fifteen (1415) feet, more or less, to the southeast corner of the Piedmont Cotton Mills property; thence north along the east line of the Cotton Mills property nine hundred and seventy-one (971) feet to the original north line of land lot one hundred and twenty-seven (127) ; thence east along said original north line of said land lot one hundred and twenty-seven (127) fourteen hundred and eighteen (1418) feet to th~ northeast corner of said land lot one hundred and twenty-seven (127); and thence

THURSDAY, AUGUST 4, HllO.

1179

north along the original west line of land lot ninetynine (99) to point of beginning.
To amend by adding the following to be known as "Sec. 4. Be it further enacted by the authority aforesaid, That mayor and council shall have the power and authority to put down such curbing and sidewalks, or such paving of sidewalks or gutters as they may deem proper, one-half of which shall be paid by the city of Hapeville and the other half of which shall be paid by the property owner or- owners, respectively, in front of whose properties said improvements may be made. The mayor and council may allow said improvements to be paid for by the property owners in suoh instances as they may deem proper, but shall have a lien on all abutting property for the payment of all such improvements, said lien to date from the date of the resolution or ordinance ordering and directing that such improvements be made. Should such improvements not be paid for by the abutting property owner or owners . within thirty days after demand the collection thereof may be enforced by execution against the lands, goods and chattels of such owner, said execution to be issued and enforced in the same manner as tax executions or executions for taxes due said city of Hapeville.
The favorable report of the Committee was agreed to as amended.

1180

JOURNAL OF THE HoUSE.

On the passage of the bill the ayes were 109, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.
The following Senate bills were read the second time, to-wit:

By Mr. Mathews, of 23d district-
A bill to provide a method for assessing and collecting taxes, etc.

By Mr. Slaton, of 35th district-
A bill to allow County Commissioners in certain counties to condemn land for road purposes.

By Mr. Callaway, of 29th district-
A bill to amend an Act to amend Section 2166 of the Code.

By Mr. Sellars, of 3d districtA bill to restrict the jurisdiction of the City Court
of Baxley.
By Mr. Harrell, of 12th districtA bill to amend an Act to require the Board of

THURSDAY, AuausT 4, 1910.

1181

Commissioners of Stewart county to pay legal cost~ to officers of the courts.
The following Senate bills were read the first time, to-wit:

By Mr. Slaton, of 35th district-
A bill to provide for regulation, inspectio~, etc., of grain and hay.
Referred to Committee on General Agriculture.

By Mr. Harben, of 32d district-
A bill to change the time of holding the Superior Court of Dawson county.
Referred to Committee on Special Judiciary.
By Mr. Harrell, of 12th districtrA bill to prohibit shooting at or toward any occu-
pied building or dwelling house. Referred to Committee on Special Judiciary.

By Mr. McCurry, of 31st district-
A bill to amend an Act to incorporate the town of Hamilton.
Referred to Committee on Corporations.

1182

JouRNAL OF THE HousE.

By Mr. Gordy, of 24th district-
A bill to authorize the Commissioners of Commons of Columbus to cede certain land to the city of Columbus.
Referred to Committee on Special Judiciary.
The following Senate bill was read the third time and put upon its passage, to-wit:

By Mr. Calhoun, of 15th district-
A bill to amend an Act to incorporate the town of Soperton.
The favorable report of the Gomimttee was agreed to.
On passage of the bill the ayes were 109, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following resolution was taken up and the Senate amendments concurred in, to-wit:

By Messrs. Kirby and Couch, o{ Coweta-
A bill to provide for the payment of costs in certain counties to officers of the court for trial and conviction of misdemeanor convicts.

THURSDAY, AuGusT 4, 1910.

1183

As unfinished business the following bill was again taken up for consideration, to-wit:

By Messrs. Brown, of Carroll; Lawrence, of Chatham and Jones, of Meriwether-
A bill to adopt and make of force the Code of laws prepared by John. L. Hopkins.
The Speaker again resolved the House into the Committee of the whole and Mr. Anderson, of Chatham resumed the Chair.
After a further consideration of the bill the Committee arose and through its . Chairman reported progress and asked leave to sit again.

Mr. Vinson, of Baldwin, moved to adjourn, which motion prevailed, and the Speaker announced the House adjourned .until 9 o'clock tomorrow morning.

1184

JOURNAL OF THE HousE.

ATLANTA, GEORGIA,
FRIDAY, August 5, 1910.
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 were dispensed with.
The following resolution was read and referred to the Committee on Rules, to-wit:
By Mr. Johnson, of Bartow-
A resolution to make Senate Bill No. 197 a special order.
By unanimous consent the following bill was taken up, read the third time and put upon its passage, to-wit:
By Mr. Brown, of Fulton-
A bill to regulate the sanitary conditions of hotels, lodging houses, etc.
The substitute offered by the Committee was adopted.

FRIDAY, AuausT 5, 1910.

1185

The report of the bill which was favorable to the passage of the bill by substitute was agreed to.
On the passage of the bill the ayes were 94, nays, 0.
The bill havi:pg received the requisite Constitutional majority was passed by substitute.

By Mr. Martin, of Lee-
A bill to provide service by publication in cases of divorce where the defendant can not be found.
The following amendment was adopted:
To amend by adding after the last word of Section 1, the words: "or who has left the State to escape civil process.''
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Baker, of Lumpkin-
A bill to provide for recording of certified copies from the Records of Deeds in certain instances, etc.

h-38

1186

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 1.
The bill having received the requisite Constitutional majority was passed.

By Mr. Garlington, of Richmond-
A bill to require executions to be recorded in the county where the land lies in order to be a lien thereon.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 108, nays, 3.
The bill having received the requisite Constitutional majority was passed.

By Mr. Alexander, of Fulton-
A bill to provide for the protection of persons furnishing materials and labor for construction of public works.
Th-e substitute proposed by the Committee was adopted.

FRIDAY, AuausT 5, 1910.

1187

The favorable 'report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 105, nays, 1.
The bill having received the requisite Constitutional majority was passed by substitute.

By Mr. Hall, of Bibb-
A resolution providing for the sale of the Governor's Mansion and the disposition of the funds derived from such sale.
The substitute proposed for the above resolution was read, but before it could be acted on the hour for unanimous consents expired and the bill was carried over as unfinished business.
Mr. Miller, of Ware, moved that the House reconsider its action in defeating House Bill No. 540, which motion prevailed.
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 as follows :

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House Bill No. 1059-To pay court officers fees in certain cases. Do pass.

Senate Bill No. 273-Authorizing the Commissioners of Columbus to convey certain lands to the city. Do pass.

Senate Bill No: 226-To provide Solicitors for Statutory City Courts. Do pass.

Senate Bill No. 282-To change time of holding Dawson Superior Court. Do pass.

Senate Bill No. 252___:To amend City Court Act of Swainsboro. Do pass.,

Senate Bill No. 192-To prohibit shooting into occupied dwellings. Do pass as amended.

Senate Bill No. 213-To amend Code, Section 1496, regulating pharmacists license, with the recommendation that it be recommitted to Committee on Hygiene and Sanitation.
Respectfully submitted,

Mr. Butt; Chairman of the Committee on Corporations, submitted the following report:

l!~RIDAY, AuGUST 5, 1910.

1189

Mr. Speaker:
Your Committee on Corporations has had under consideration the following bills and instruct me, as their Chairman, to report same back to the House with the following recommendations, to-wit:
House Bill No. 1062-An Act to amend an Act of the charter and town of East Point. Do not pass.
House Bill No. 1077-To amend the charter of the town of Calhoun, Gordon county. Do pass.
House Bill No. 1078-To create a Board of County Commissioners of Roads and Revenues for the county of Habersham. Do pass.
House Bill No. 1079-To incorporate the town of Durand, Meriwether county. Do pass.
House Bill No. 1080-To amend Act incorporating the town of Milan, Telfair county. Do pass.
\
Senate Bill No. llO~To provide for the transfer of registered maps of municipalities, when such municipalities have been located in a new county. Do pass.
Senate Bill No. 271-To amend the charter of Lexington, Oglethorpe county. Do pass.
House Bill No. 1082-To amend charter of city of Nashville. Do pass.
BuTT, Chairman.

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JouRNAL OI!' THE HousE.

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

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following resolutions of the House, to-wit:
A resolution to pay Mrs. R. A. Lynn the pension due her for the years 1903, 1904, 1906 and 1907.
A resolution to submit plans for building on the campus of North Georgia Agricultural College at Dahlonega, Ga., to the Governor and for other purposes.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. 8 peaker:
The Senate has passed by substitute by a Constitutional majority the following bill of the House, towit:
A bill to amend the charter of the town of Aval on.
The Senate has passed, as amended, by a requisite Constitutional majority the following bills of the House, to-wit:

FRIDAY, AuousT 5, 1910.

1191

A bill to abolish the City Court of Newton in Baker county.
A bill to amend the charter of the city of Madison.
A bill to reincorporate the town of Kirkwood.
A bill to require county tax collectors to keep a record in the form of a cash book.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the House, towit:
A bill to authorize the county Board of Commissioners of Bibb county to issue and sell bonds for certain purposes.
A bill to require county officers of Telfair county to give as surety on bonds some guaranty company.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker: The Senate has passed by a requisite Constitu-

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JouRNAL oF THE HousE.

tional majority the following bills of the Senate, towit:
A bill to provide for two weeks' session of the Superior Court of Emanuel county.
A bill to provide for liability of husband for torts of wife.
A bill to provide for fish ways over dams and for erection and maintenant:e of the same.
A bill to require the severaLBoards of Health to enforce the standard transit permits adopted by the Georgia State Board of Embalming.
A bill to make it unlawful for any person or coi"poration to publish the name of any woman, upon whom the crime of rape has been committed.
A bill to make the wife a competent witness m all prosecutions for the crime of seduction.
A bill to authorize the State Board of Entomology to employ necessary assistants, and to fix the salary of State Entomologist and assistants.
A bill to amend an Act to establish a State Board of Embalmers.
A bill to provide for the dissolution of corporations.

FRIDAY, AuausT 5, 1910.

1193

Mr. Alexander, Chairman of the Committee on \V. & A. R. R., submitted the following report:

Mr. Speaker:
Your Committee on the affairs of the Western & Atlantic Railroad have had under consideration the special message of the Governor on the subject of the purchase of terminals at Chattanooga and in obedience to the Instructions of the House report as follows:
'l'erminal lands are needed by railroads at sta.. tions and in cities for three principal purposes:
1st. For switch yards, storage tracks and the like.
2nd. For depot purposes both for freigh~ and passenger functions.
3rd. For loading and delivery from and to wagons on or from the cars. The tracks so used are frequently called team tracks.
At the smaller stations one piece of land, and it of only small extent, is usually sufficient for all these 1mrposes, and the three classes of yards or terminals are not usually differentiated. Until comparatively recent years this has been to a great extent true also of the larger cities. For some years past,
the enormous increase of the transportation busi

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JouRNAL oF THE HousE.

ness, has been constantly forcing the larger and more important lines to a realization of the fact that they have outgrown the provision formerly made for these purposes, and to an extensive enlargement of their yards.
If the ideal were attainable by railroads they would keep ali three classes of terminals still in one body and as nearly in the center of the cities as possible. The value of central lands, however, in cities makes this, as a practical matter impossible. They are still able, as a general thing, to keep their freight depots near the center and some times their team tracks. The great extent of land necessary under modern conditions for switch yards on large and important lines, and at large cities, has driven nearly all the roads to seek cheaper lands. In doing ~o they still keep as near the city as possible, trying to preserve a proper equilibrium between the cost of owning expensive land and the cost of moving trains back and forth to or from cheaper but more distant lands. Ordinarily the point of equilibrium is found near the city limits.
During the last few years all the principal roads entering Atlanta, as those entering other cities, have been acquiring extensive switch yards near the city, are supposed to have expended enormous sums of money for this purpose, and apparently have so done. The same thing has gone on around Chattanooga.

FRmA.y, AuGUST 5, 1910.

1195

For some years past these considerations have
. had the attention of the friends of the Western &
Atlantic Railroad and the facts referred to have been observed by them.
The terminal yards of the road in Chattanooga are wholly inadequate for its business. The West-ern & Atlantic Railroad does a larger volume of business per mile than any road in the South. Very few in the United States equal it. Its terminals in Chattanooga, including the passenger depot, embrace about seven or eight acres of land.
This is so inadequate that, if the State desired to lease it to an independent company or to any company or person other than the present lessee, we would be at a great disadvantage. In event of a
lease by bids it is doubtful if, in the present state of
the terminals any other concern would or could compete. The lessee is independent of terminals because its line is practically a continuation of the Western & Atlantic, and it has extensive switchyards just outside the city limits at the Craven Station and extensive team tracks in the city.
In view of the approaching termination of the lease, it has seemed to your Committee important that a beginning be made in a fuller equipment of terminals. Your Committee still so thinks and reRpectfully advises the House that unless such steps be taken in timely season the State will be at a great disadvantage when the present lease ends.

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JouRNAL OF THE HousE.

Apparently these considerations have had the attention of former Committees. Shortly after the return of the House and Senate Committees from their annual inspection of the property in 1908 a resolution was offered in the Senate by Senator Camp of the 31st directing the Governor then in of+ fice to buy lands in or near Chattanooga suitable for switching or. delivery purposes. The resolution was adopted in the Senate. In the House a substitute resolution was adopted on the recommendation of the predecessor of this Committee, directing the Governor to procure options on such lands. The Senate agreed to the substitute and it is printed in the volume of Laws of Georgia for 1908, page 79.
At the first sessio:n of the present General As.sembly the Governor reported that in obedience to this resolution he had procured an option on 30 acres from T. C. Latimore at $500 per acre and another from C. W. Vinson immediately south of Latimore's lands, of 40 acres at $1,000 per acre. It must be borne in mind that the road approaches Chattanooga from the north. The Governor strongly urged the purchase of the Latimore tract and also advised, though with less emphasis, the purchase of the Vinson tract. The message on the subject will be found in the House Journal of 1909, page 58.
This Committee shortly afterwards, in the year 1909, visited the property and on its return made a report on the subject advising the purchase of both tracts, though expressing the opinion that the Vin-

FRIDAY, AuausT 5, 1910.

1197.

son tract was rather high priced. The Committee was at first inclined to believe that the purchase of the Vinson land should be made conditional on his accepting a lower price, but finally decided, on what seemed to it good reasons, that it was the better to close the offer.
The two tracts together give a frontage of about half a mile on the east side of the main track. The resolution for their purchase was reported as originally drawn and the terms of it may be ascertained by reference to the Acts of 1909, page 1047.
While in Chattanooga, some of the members had their attention attracted to another piece of land next south of Vinson's land, which by reason of its triangular shape and consequent complete adaptability for switch and spur tracks, its great length relative to its width, and its adjacency to the tracks of the Southern Railroad, appeared to be a specially desirable addition. The Committee did not inspect this tract though some of the members observed it from the car window. Inquiries set on foot in Chattanooga developed the fact that it belonged to Mr. E. Watkins, and after the Committee had returned to Atlanta and prepared its report, above referred to, and now to be found in the House Journal of 1909, page 1047, an offer was rceived from Mr. Watkins by mail to sell it at $14,000. The tract embraced 17 acres and added another half mile to the frontage on the right of way making a total frontage of one mile. This Committee directed, upon what seemed

1198

JouRNAL OF THE HousE.

to it good reasons, that an amendment be added to the resolution providing for the purchase of the Watkin's land. This amendment can be readily recognized in the printed volume of the laws already referred to. The proviso occurring at the end of the resolution was not -at that time a part of it.
The House amended thE: resolution, as recommended, and adopted it as amended, and the Senate
agreed to it with a proviso to which the House dis-
agreed. Afterwards the proviso now appearing at the end of the resolution was agreed on in conference and bvth houses adopted the conference report.
After the adjournment of the General Assembly the resolution was approved by the Governor and he caused the property to be inspected by an agent in whose judgment be bad confidence, and thereupon we are informed that he caused an appointment to be made with the owners for Sept. 6th, 1909, at which time they were to produce and present their abstracts. The owners understood this to be an acceptance of the offer. What the report of the n;gent was or what was contained in the correspondence making the appointment, your Committee are not informed, though the Committee assumes that it was at that time the judgment of the Governor that it was a desirable purchase. This assumption is based on the Governor's letter to the Attorney-General dated September 1st, 1909, and given out to the newspapers on September 2d, 1909, in which be said

FRIDAY, AuausT 5, 1910.

1199

"I am anxious to comply with the instructions of the Legislature if there are any funds in the treasury available for that purpose."
and the following language in a letter from the Governor to the Chairman of this Committee under date of September 8th, 1909.
"I beg to add in conclusion that I would be very glad 'to purchase the property, but I can not purchase it without the money. The Legislature has simply directed me to do the impossible.''
It appears that on o:c about September 1st or 2d, 1909, the Governor reached the conclusion that he had not sufficient available funds with which to buy, and gave up the purchase for that reason. So far as your Committee is advised no other reason was then given or made public.
rrhe Governor appears to have still held the matter under advisement for some months, and as late as October, 1909, wrote one of the owners a letter a~ follows:
''Answering your favor of September 30th will state I am now having an accountant to prepare a report showing the financial condition Qf the State of Georgia. rrhis report has not yet been rendered and possibly may not be for several days, hence I am not yet in position to make definite answer to

1200

JouRNAL OF THE HousE.

you in the matter of proposed purchase of the lands near Chattanooga for the use of the Western & Atlantic Railroad. I hope to be able to write you more definitely before long."
On January 10tp, 1910, the Governor wrote the owner in question as follows :
''Answering your favor of the 7th instant will state that after looking carefully I found that there was no appropriation which could be made available for the purchase of the proPerty for terminal facilities for the Western & Atlantic Railroad near Chattanooga. Consequently I presume we must let the matter drop.''
Until the receipt of the Governor's message on July 5th the Committee were not aware that any reason, other than want of funds, had prevented the purchase. In that message four reason were given as follows why the purchase was not made:
~,irst. Diabili;ty to damage 'to all property in cars in times of overflow.
Secondly. The lack of necessary width at the junction of the \Vatkins property and the Vinson property, and the subsequent liability to pay an excessive price for the additional land needed.
Thirdly. The location through the Vinson and Latimore properties of the public highway which is the extension of Pennock avenue.

li-,RIDAY, AuousT 5, 1910.

1201

Fourthly. The excessive cost for filling in the property to make it available for use as a railroad yard.
Your Committee have investigated these reasons and reported on them as follows:
1. IT'he land has only overflowed three times in 50 years, once in 1867, once in 1875, and once in 1886. In the same floods, practically the whole surrounding country was under water. The track across this land is practically level with the depot floor in the city. Information procured through the Chamber of Commerce, at the instance of the Committee, puts the depot floor at 49 feet above low water and the track running along the land in question as arising from 47 feet at its lowest point to 49 at the highest. Since 1886 the highest points of water reached were 42.5 in 1890, 38.9 in 1891, 37.9 in 1892, 33.4 in 1893, 32.6 in 1895, and 25.5 in 1894. The opinion generally accepted at Chattanooga. is that work done by the Government on the Tennessee river channel in the way of removing obstructions has prevented the possibility of future floods so high as that of 1886. It is said that observations of the amount of rise, now shows that the same amount of precipitation ove'r the drainage shed produces far less rise than formerly.
Your Committee do not consider it feasible to go into this subject further than to express the cun:ent opinion now being acted on by experienced men who

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JouRNAL OF THE HousE.

are investing their money there. The land is practically level with the city. Only one other place along the track and in the valley, so far as we can ascertain is higher. If the river should rise again as it did in 1886 it would entirely submerge hundreds of houses situated in the neighborhood and far below the level of this land. Apparently the people there have confidence in the belief that the government works wi11 protect them.
The other railroads share in this confidence. The yards of the Southern are almost adjoining the proposed tract, nearer the river and lower. The yards of the lessee company are on the opposite side of Chattanooga much nearer the river and exactly on the same level as the passenger depot. The railroad track 11mning through the Evans tract referred to in the message, is exactly on the same level, the difference being 3/10 of a foot.
0 The narrowness of the watkins tract at the upper end does not seem to your Committee a disadvantage but rather the contrary. Its shape for spur tracks is, in this particular, ideal. In building spur tracks there is necessarily considerable waste land in a square tract. Of course in so far as it may be desirable to use the Watkins piece in connection with the other pieces, greater width would be desirable, but it is complete in itself. From an examination of the entire situation your Committee do not believe there is any serious danger of execssive charges being made hereafter if it should be desired

FRIDAY, AuGusT 5, 1910.

1203

to buy other lands. If there is such risk, then the more we can buy cheap now, the better. It was for this reason that we recommended the addition of the very desirable Watkins tract to those recommended by the Governor in 1909.
3. The road referred to by the Governor is veFy little used and your Committee are assured and convinced that it can and will be dosed, and the desire of the Chattanooga people to have this yard opened gives very probable and aU the necessary assurance on the subject. The fact is that it only runs through the Vinson and Latimore tracts and that it has already been actually changed to a new road outside of them, a well built and graded road now used by the travel, while the old road is not worked and not desirable.
4. Without a survey no one can tell how much grading will be necessary on the tract. Much of it lies above the railroad grade. Whether there is enough of this dirt to :fiJl the hollows can only be determined by a survey. The lowest point on the land is the culvert referred to by the message as 23 feet below the track. The whole Vinson and Latimore property drains through this culvert. The Governor has been misinformed in the statement that the lands lie practically in their entirety below the track leveL Reliable and accurate information on the subject can only be had from an engineer's work. Your Committee have twice inspected this ]and and are confident that it presents no unusual

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.JouRNAL oF THE HousE.

difficulties in the matter of grading. On the contrary the lands apear to the ordinary eye to average well in this regard.
In addition to the four reasons given by the Governor for not buying these lands he adds that they are near the city and that "Chattanooga is quite likely at no distant time to annex the territory, etc. This would impose city taxes upon these properties.'' It is true that they are near the city, but whether likely to be soon annexed or not is not by any means certain. In answer to our inquiry on this subject, made through the Secretary of the Chamber of Commerce, we receive the following information:
''A. 5, 114 miles to the first lin.e, and the limits are not likely to be extended to it for a long time; and if limits were extended that far, they would take the Southern and C. & S. yards first.''
Your Committee do not regard the necessity for paying taxes as an ~nsuperable obstacle. It is one of the necessary incidents of ownership. If tl1e city of Chattanooga should extend its limits to embrace this property there would be of course some rela~ tively small tax burden imposed upon it. To remove further out would save the tax, but there would have to be considered on the other hand the much greater expense imposed on the road for aU time in the moving of trains backward and forward over the greater distance. Your Committee can not

FRIDAY, AuausT 5, 1910.

1205

think that the apprehension as to taxes is of serious weight.
Your Committee carefully examined the land recommended by the Governor &nd are not able to advise its purchase.
The land may be roughly described as a rectangle lying east and west and bisected by the tracks running in the same direction ail.d by the Harrison Pike running north and south. The land north of the railroad is traversed for its entire length by Chicamauga Creek flowing in a deep and wide channel, all of which, embracing about 20 acres or more, is useless. The land north of the creek, perhaps ten acres is very low and would be useless. The land north of the track and east of the Harrison Pike slopes rapidly toward the creek and is t~o low to be practicable though it could be graded up. The land north of the tracks and west of the Harrison Pike varies considerably in level.. From such judgment as can be made without a survey, the cost of grading it wo.uld not be much greater than the grading of the tract we selected last year, but it is wholly unavailable b~ause cut off by a right of way belonging to another railroad.
The land south of the track is higher and free from the right of way spoken of. The question of grading there would be as to too much dirt rather than too little. That part of it east of the Pike is quite low in some parts but probably has more than

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JouRNAL OF THE HousE.

enough hill to fill it. The part west of the Harrison Pike and running back not more than 250 feet (say about 45 acres) lies very well except a high hill at the west end which would involve a cut of something like a hundred feet.
Opinions as to grading formed by the eye are of very little value whether made by this Committee or the Governor and the Committee have set out the foregoing merely as an impression. No survey ha~ ever been made by anybody and we can only express the opinion that so far as the cost of grading is concerned, the deciding advantage is with the piece we formerly advised.
The Harrison Pike would be an insuperable difficulty in the Evans tract unless, as suggested by the Engineer sent with us by the Governor, it can be carried across the yards and tracks by an overhead bridge. By the courtesy of the Governor Mr. H. )L Smith the engineer in question accompanied you:r Committee in its inspecti-on, and we had the advantage of his advice and experience.
The Harrison Pike is a macadamized road of some importance. 'l'he point at which it crosses the track is higher than the land on either side. There is no other available point for it to cross. At this point the track is higher than the land on either side. Mr. Smith estimated that an overhead structure would need to be about 1,000 feet in length. The cost of such a structure it seems to us would be necessarily very great and we think it would need to be longer.

FRIDAY, AuGusT 5, 1910.

1207

Mr. Smith thinks that this expense could be obviated by confining the switch yards, until a period far in the future, to that part of the land lying south of the track and west of th.e pike, and indicates a strip there of about 45. acres which he estimates would accommodate 1,800 cars. Whether this takes account of the need for open track we do not know.
The principal difficulty, as your Committee sees it is in the distance from the city which seems to us to put the Evans land out of the question.
The lands at Boyce intermediate between the two tracts are more desirable than either, being, beyond any dispute or doubt, above high water. This consideration, it seems to us, might perhaps outweigh their greater dsitance from the city, if we could buy them at this time. Nor would their greater cost per acre seem to the Committee to be an insuperable objection. Some vague offers to sell them were made by an agent, but nothing which the Committee could look upon as definite and tangible.
Your Committee believe that the Latimore-Vinson-Watkins tract is a desirable purchase, and in fact that it is tile only land available for the purpose. Other considerations, not herein set out, but partially indicatea in our report last year, and relating to the navigation of the T_ennessee River, emphasi~e this opinion.

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JouRNAL OF THE HousE.

\Ve do not recommend its purchase again, because of the fact of the Governor's very decided objections to it, which, as indicated by his message, would be of sufficient weight in his judgment, to induce him to withhold executive approval from a resolution for that purpose.
~rhe question of whether the funds in the treasury in 1909 were sufficient and available is embraced in our instructions. The committee express no opinion on that subject. It is a _legal question upon which the Attorney-General's opinion is published in the message. The other view of it is set forth in a correspondence between the Chairman of this Committee and the Governor in September, 1909. We submit that correspondence herewith.
The question of whether the proviso to the purchase resolution vested a discretion in the Governor as to the three tracts or only one is also included in our instructions.
Upon that subject your Committee believe it would be wiser not to undertake the expression of any opinion. It is probable that differences would exist in the Committee and in the House as to the proper view of it, and, ~Tour Committee fail to see how any practical good could result from it.
\Ve feel as a Committee much regret that circumstances have involved the road in public differences. This was perhaps unavoidable, and your Committee

FRIDAY, AuausT 5, 1910.

1209

have no purpose or desire to criticise any one on the subject. We merely feel that it would be better for us to take no part either way in that discussion. The law speaks for itself and it is our desire that the controversy be laid aside.
The interests of the road demand this. It iR a great property in which all the citizens of Georgia are deeply concerned, and it is to the interest of all that the policy under which it is to be administered, be determined calmly and without passion. If the subject be dropped for the present, no doubt the next legislature can approach it with cooler j~dg ment than would be possible if we sanction further conb;oversy or give occasion for it.
For these reasons, the Committee will not report further unless specially so instructed by the House.
Respectfully submitted,
HooPER ALEXANDER, Chairman.

ATLANTA, GA., Sept. 3, 1909.
HoN. JosEPH M. BRowN, Governor, Atlanta, Ga.
DEAR Sm: I note with great regret from publications yesterday and today that you have decided not to buy the Tennessee lands for which the Gen-

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JouRNAL OF THE HousE.

eral Assembly at its late session made appropriations. I am so deeply convinced of the prudence of these purchases that I venture to trespass upon your attention for the purpose of urging you to reconsider the matter, and to bring to your observation some of the reasons which, in the judgment of the General Assembly, were controlling.
The old freight terminal yards in Chattanooga are inadequate in extent for modern purposes and can not be enlarged. They are used by the lessee merely for stpring old cars. They are immensely valuable real estate and are at present an eyesore to the city and a constant cause of irritation against Georgia. Unless we provide adequate terminals before the lease expires we can hardly hope to dispose of the road except by a new lease to the present lessee without substantial competition. A committee of
the House drew attention to these matters early in
August in a written report and expressed the opinion that the present yards could be made to yield a very large rental, possibly more than the present rental of the entire road. In view of these matters it was urged that we should begin at once to acquire extensive switch yards outside of the city and gradually enlarge our terminal facilities. Such a policy is pursued by most of the large successful railroads in large cities and is usually deemed a wise business policy.
The previous Assembly had directed that options be obtained for such lands. They had been obtained_

FRIDAY, AuGusT 5, 1910.

1211

by your predecessor in compliance therewith and were inspected and approved by the Committees of the House and Senate on the Western & Atlantic Road, and the General Assembly considere~ it a wise purchase and appropriated the necessary funds.
The suggestion now made that a special appropriation of this sort can not be honored until the school appropriation is paid seems to me to be so much at variance with the precedents as to warrant reconsideration. The General Assembly has made such appropriations every year in the past, and they have always heretofore been paid. under the same circumstances that now exist. If the present appropriation can not be paid till the school fund is actually disbursed, the former precedents were at fault and it raises this interesting question: Suppose the General Assembly next Summer appropriates money to buy land for an annex to the capitol and before the school funds are paid out, will the case differ? Or if it directs the building of a tuberculosis hospital at the 8anit~rium, who would that be It has never heretofore been a question.
But I think the argument reaches deeper. It is a mistake to say that the funds in the treasury are the school funds. The school fund has not yet been collected. The same legislature of 1907 which appropriated $2,250,000 to the common schools for 1909, also passed the Act for raising the taxes for 1909 out of which to pay that appropriation. That tax does not begin to come in until October and the

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JouRNAL OJ<' THE HousE.

net ad valorem revenues will be more than $3,500,000, n'ow in sight. So it does not seem clear how this appropriation will cpme out of moneys charged with any legal or moral lien or affected by any contract rights. touching the sehools.
The school appropriation for 1908 has all been paid except a small amount not yet called for. That. for 1909 has been partly paid. You say in your letter to the Attorney-General that nearly two millions of it are unpaid.. I think you will find the exact amount $1,800,000. That is to say, we have already, before the taxes for 1909 come in, paid nearly half a million dollars on the school fund of this year, or more than the amount of the special funds appropriated to that purpose, although collection of these special funds for a third of a year are yet to com~ in. The whole of the polltax is yet to be collected. It seems to me therefore that the question should be re-examined in the light of these facts. It hardly seems possible that the funds now in the treasury are funds appropriated by the Act of 1907 to the schools. Indeed it is manifestly impossible.
The money now in the treasury arose chiefly from the tax imposed by the Act of September 5, 1908, on imitations of beer. It was by an Act of the late Assembly made generally available for disbursements, and almost immediately thereafter this $69,000 was appropriated to buy the Tennessee lands. I respectfully submit that it is a reasonable intendment that it was to come from that fund. Indeed,

Ji-,RIDAY, AuausT 5, 1910.

1213

I had the honor to present the subject to the House in behalf of the Western & Atlantic Committee, and I was freely interrogated as to the sources for payment. The general appropriation act had just passed and was supposed to absorb the bulk of the I'evenues, and I was asked about this matter on the floor. In reply I called the attention of the House to the fact that the appropriation Act dealt with the revenues and expenditures for 1910 and 1911 only; that the special fund of $235,000 then in the treasury had never been specifically appropriated except to prison uses, that we had, only a few days before, made it generally available, and that it afforded a providential opportunity out of which the State could take this necessary step. The House was satisfied and voted almost unanimously to make the purchase. If I remember rightly there were only seven. votes recorded against it in the House, and the Senate I believe was equally of one mind.
I may be very much mistaken in these views but they seem to m~ so conclusive and so clear that I can not refrain from urging a reconsideration of the whole matter. I tax your attention with the subject the more willingly because I note from your letter to the Attorney-General that you also are anxious for the instruction of the General Assembly to be carried out. I am sure that bod~ will be greatly disappointed if the purchase is not made, and I earnestly hope, if it is not too late to do so, that you may find it consistent with your views of the law to purchase the lands. If I can be of any service in

1214

JouRNAL OF THE HousE.

the matter by giving you any information I have, or by more fully presenting my views, in person, or in fact in any other way, I hope you will command me.
Trusting that I have not presumed too far or elaborated my ideas to an undue length, I remain,
Yours respectfully,
HooPER ALEXANDER.

Copy.

STATE OF GEORGIA,

EXECUTIVE DEPARTMENT,

ATLANTA.

September 8th, 1909.

HoN. HooPER ALEXANDER,
Atlanta, Ga.

DEAR Sm: I am in receipt of your letter of the 3d inst. relative to the resolution of the General Assembly at its late session directing that I shall purchase lands near Chattanooga for terminal purposes.

I have very carefully read your letter and note that you are deeply impressed that this purchase is

FRIDAY, AUGUST 5, 1910.

1215

wise and that you think I should reconsider my action in declining to draw on the funds now in the treasury to pay for this land. I note in your letter you repeatedly say that the legislature "appropriated" the necessary funds with which to purchase this land, etc. It is true that the Legislature in the resolution referred to uses time and again the language "that the sum of ____________ dollars be and the same is hereby appropriated" for that purpose and so far ?S the language of the appro- priation is concerned it is doubtless sufficient to authorize me to draw on the Treasury, but the fact remains that there was no money in the Treasury which had not already been appropriated by the former Legislature. The authority to use the money is unquestionably sufficient, but manifestly it could not be used unless it was there.
I beg to add in conclusion I would be very glad to purchase the property, but I can not purchase it without the money. The Legislature has simply directed me to do the impossible. with kind regards, I beg to remain,
Yours very truly,
(Signed) JosEPH M. BRowN, Governor.

1216

JOURNAL oF THE HousE.

Copy.
ATLANTA, GA., Sept. 10, 1909.
HoN. JosEPH M. BRowN, Governor,
Atlanta, Ga.
DEAR Sm: Yours of the 8th instant has just been received.
I expressed my views fully in my letter of the 3d, and should not now attempt to add thereto, except for the fact that upon reading your letter, now before me, it seems that I must have failed to express myself clearly, as you do not therein refer to what I suggested in my former communication.
In your letter to the Attorney-General, dated September 2d, as published in the newspapers, you state that there was still. in the treasury at that time, $160,000 and that the school appropriation for 1909 is not paid up in full, and you thereupon inquire whether you are authorized to draw your warrant for the $69,000. appropriated by the Legislature of ] 909 to buy the Tennessee lands.
In his answer on the same day the Attorney-General evidently assumes that the money in the treasury has been previously set apart to the schools and that it would be a violation of the State's contract with the teachers to pay it out for any other purpose.

FRIDAY, AuausT 5, 1910.

1217

Now, without undertaking ~o make any issue as to the correctness of this view of the law, (although in fact I am not prepared to accept it,) I wrote to rall your attention to this, that you are mistaken as to the facts, upon which the legal conclusion waf'i based.
The Attorney-General cites you to the special tax levy in the Acts of 1907, page 25, in support of the proposition that the money in the treasury wal! raised specifically for the schools. Reference to that act demonstrate~ the contrary. It provided for a levy of 3.08 mills for 1908 for educational purposes for that year, and 3.08 mills for 1909 for edurational purposes in this year. The tax of 1908 wa~ collected and the school appropriated of that year was paid, except a small sum not yet called for. Therefore the money in the treasury could not be the school fund for 1908 as levied under the act cited. It is even clearer that it could not be the school fund levied by that Act for 1909, because not a cent of that money has been collected except a part of the special school funds, and we have more than paid them out. ~fy former letter was intended to bring this view of the matter to your attention, but as your reply does not refer to these views I am afraid that I failed to make them clear.
But it was also my purpose to go further and show where these funds did cqme from. The Act of September 5th, 1908, provided for certain license

h39

1218

JouRNAl. oF THE HousE.

taxes on imitations of beer and directed that that money should not be used for anything except :
''In the development and conduct of the penitenitary system of the State, and to buy such farms, lands, road equipment or other properties as may be needed in connection therewith, etc."
These funds were not needed or expended for the prison uses and had amounted to $235,000, accumulated in the treasury, when the recent legislature, late in the session, removed the restriction on their 11se and made them generally subject to disbursement, and almost immediately thereafter made the appropriation under discussion,-the license money being then in the treasury.
It was my effort in my former letter to call your attention to the fact that every single appropriation made in 1907 or 1908 was made, demonstrably payable out of other funds than these, and demonstrably not payable out of these funds; that these funds were not even dreamed of until after every other appropriation had been made that remained unpaid when the legislature of 1909 decided to use these prison funds, and that this was practically the only special appropriation chargeable against this fund. In further support of this view I gave out the extrinsic fact that the discussion in the House fortifies what the record intrinsically shows, to-wit: That these funds were the funds out of which it was intended by the members that those lands should be bought.

FRIDAY, AuausT 5, 1910.

1219

I repeat these views now, because from reading your letter of the 8th it would seem that I must have failed to express myself clearly. I want to add at this time that aside from the peculiar charge of this appropriation on this particular fund, and, even if these facts did not thus definitely put this fund at' your disposal for this purpose, the unbroken history of the State would authorize you to use any funds for this purpose except the sinking fund and the proceedsof the sale of public property.
Thus in 1907 many special appropriations were ' made and honored although the treasury was in the
same condition ,as in 1909, except that it had no such special fund as it had in 1909. Notably I mention $42,000 to pensions and $42,000 more to buy equipment for the militia. Like special appropriatioils were made in 1906 and 1908, a:rid indeed have always been made, and as a matter of course and always paid as a matter of course.
In view of these facts I earnestly hope that you may yet see your way clear to the purchase of these lands that are so necessary for the protection and preservation of the State's property. If there are no other funds available, there is special authority given you to borrow money in an emergency.
Yours truly,
HooPER .ALEXANDER.

1220

JouRNAL oF THE HousE.

Mr. Stubbs, of Thomas, Chairman of the Committee on Enrollment submitted the following report:

Mr. Speaker:
The Committee on Enrollment has examined and found properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to-wit:
Nos. 356, 672, 699, 729, 733, 746, 769, 784, 789, 808, 821, 830, 843, 947, 849, 859, 869, 871, 892, 895, 908, 923,806,897,529,748,750,758,785,813,851,854,857, 864, 868, 874, 880, 882, 890, 910, 913, 916, 934, 936, 944, 953, 981, 982.
Respectfully submitted,
J. B. STUBBs, Chairman.

The following minority reports on House Bill No. 1027, was submitted and read.

Mr. 8peaker:
Being convinced by the showing made before the Special Judiciary Committee, that the City Court of Cordele should not be abolished, the undersigned members of said Committee hereby dissent from the majority report which is favorable to the passage of

FRIDAY, AUGUST 5, 1910.

.1221

House Bill1027, by Mr. Fields, of Crisp, which pro~ vides for abolishing the City Court of Cordele.
H. J. FULLBRIGHT, C. H. PoRTER, MILLARD REID,
M. c. TARVER.

Messrs. Hall, of Bibb and Sheppard, of Sumter, of the General Judiciary Committee submitted the following minority report on House Bill No. 741, which provided for the adoption of the Code of Laws compiled by Jno. L. Hopkins.

llfr. Speaker: We respectfully dissent from the majority of the
General Judiciary Committee on House Bill No. 741. J os. H. HALL, Chairman J. L. SHEPPARD.

Upon .the recommendation of the Committee on Special Judiciary Senate Bill 213, was recommitted to the Committee on Hygiene and Sanitation.
The following bills were read the third time and put upon their passage, to-wit:

1222

JouRNAL oF THE HousE.

By Mr. Fields, of Crisp-

A bill to repeal an Act to create the City Qourt of Cordele.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110 nays 19.
The bill having received the requisite Constitutional majority was passed and on motion of Mr. Fields was ordered immediately transmitted to the Senate.

By Mr. Fields, of Crisp-
A bill to provide for holding four terms of the Superior Court of Crisp county.
The favorable r~port of the Oommittee was agreed to.
On the passage of the bill the ayes were 112; nays 2.
The bill having received the requisite Constitutional majority was passed.

FRIDAY, AuGusT 5, 1910.

1223

By Mr. Hardeman, of Jefferson-

A bill to amend an Act amendatory of an Act to . more thoroughly carry into effect the provisions of an Act to prevent the adulteration of food for man and beast and etc.

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.:

.\lexander of Fulton Ellison

Anderson of Bullock Evans

Anderson of Chatham Fender

Armistead

Field of DeKalb

AuU

Fullbright

Barksdale

Garlington

Bailey

Graddick

Baker

Gl'iffin of Sumter

Barrett

Hall

Bell

Hardman of Jackson

Berry

Harvey

Booker

Henderson of Irwin

Brown of Carroll

Hill

Brown of Fulton

Holtzclaw

Burch

Howell

Buxton

Hullender

Cannon

Huie

Carswell

Johnson of Towns

Chandler

Jones of Meriwether

Childs

Jones of Mitchell

.Cordell

Kendrick

Couch

Kennedy

Cureton

Lawrence

Ellis

Lewis

Littleton Lovejoy :Martin Meadows of Telfair Miller of Ware Milikin Minter :Mitchell Mooro MacFarland Macintyre McCarthy McCrory :i\fcCurry McCutchen McElreath McMichael of Marion Oliver Parker of Talbot Paulk Peacock Persons Pickett Pierco

1224

.JouRNAL OF THE HousE.

I'ope Porter Proctor Hedding Reese Reid of Campbell Rentz Roberts Rogers Rosser Sheppard

Slade i:'-mith of Gilmer Smith of Walton Stovall Strong Stubbs of Putnam Stubbs of Thomas Taner 'l'uggle 'l'urner 'l'urnipseed

Upshaw Vinson 'Vaddell White of Screven Williams Wohlwende1 Wooil -.,v oodlifZ Wright of Floyd

Those voting in the negative were Messrs:

Adams Allen Alley Brinson of Decatur Brinson of Emanuel Brown of Henry Calbeck Carter Cooke Cowan Culberson Daniel Drawdy Edmondson Edwards Elder English

Fields of Crisp Ford Gastley Godley Guyton Harrington Hatfield Heard Helms Henderson of Turner Hendricks Holder of Floyd Hubbard .Johnson of Bartow .Joiner .Jones of Laurens Keith

Kidd Kirby Lord McConnell McMahan McWhorter Parker of Decatur PriM Reaves Reid of Macon Shirley Simpson Tracey \\' alter9 Watkins Whiteley Wight of Grady

Those not voting were Messrs. :

Alexander of DeKalb Atherton Atkinson Bagley Beacham Boyd Brown of Murray

Butt Converso Davis Dickson Faircloth Gillis Griffin of Twiggs

Hardeman of Jeffs 'n Johnson of Jeff Davis Kelley Kicklighter Meadows of Toombs Middlebrooks Miller of Calhoun

FRIDAY, AuausT 5, 1910.

1225

:Moss

Simmons

:McArthur

Sllllith of Tattnall

McMichael of Butts Tippins

Wasden WTight of Stewart Mr. Speaker

The roll call was verified and on counting the votes it was found that the ayes were 103; nays 51.

The bill having received the requisite Constitutiontl majority was passed.

'l'he next order of busin~ss is the following bill, which came up as unfinished business and the same was taken up for further consideration, to-wit:

By Messrs. Brown, of Carroll, Lawrence, of Chatham, Jones, of Meriwether-
A bill to adopt and make of force the Code of Laws prepared by Jno. L. Hopkins and for other purposes.
The Speaker again resolved the house into the Committee of the whole and Mr. Anderson, of Chatham again took the Chair.
After a consideration of the bill the Committee arose and. through its Chairman reported the same back with the recommendvtion that it do pass as amended.
Mr. Reid, of Campbell called for the previous question on the bill and pending amendments which call was sustained and the main question ordered.

1226

JOURNAL oF THE HousE.

The following amendment offered by the Committee was adopted:

To amend Section 7 of the bill by adding at the end of said Section the following words : ''Except those laws passed during the session of the General Assembly of 1910.''

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

On the passage of the bill the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Buxton

Alexander of Fulton Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Cooke

Ault

Cordell

Barksdale

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Bell

Daniel

Booker

Drawdy

Brinson of Decatur Edmondson

Briilson of Emanuel Edwards

Brown of Carroll

Ellis

Brown of Fulton

English

Brown of Henry

Paircloth

Burch

Fullbright

Butt

Gastley

Gillis Godley Griffin of Sumter Harrington rlatfield Helms Henderson of Irwin Henderson of Turner Hendricks Holtzclaw Howell Hullender Huie Johnson of Bartow Johnson of Towns Joiner Jones of Laurens Jones of Meriwether. Jones of Mitchell Keith Kendrick Kennedy

FRIDAY, AuausT 5, 1910.

1227

Kirby Lawrence Littleton Lord Lovejoy Martin Meadows of Toombs Miller of Calhoun Miller of Ware Milikin Minter Mitchell Moore Moss MacFarland Macintyre McCarthy McCrory McCurry McCutchen

McElreath McMahan McWhorter Parker of Decatur Parker of Talbot Paulk Peacock Persons Pierce I' ope Porter Proctor Reaves Redding Reeso Reid of Campbell Roberts Rosser Shirley Simmons

Simpson Slade Smith of Walton Stubbs of Putnam Stubbs of Thomas Tarver 'l'ippins Tuggle Upshaw Vinson Walters Watkins 'Vhiteley Wight of Grady Williams
Wohlwena.~r
Woodlift Wright of Floyd

Those voting in the negative were Messrs.:

Berry Elder Pield of DeKalb l'ord Garlington Graddick Guyton Kall

Hardman of Jackson Picket;t;

Heard

Price

Hill

Rogers

Holder of Floyd

bheppard

IGdd

Stovall

Lewis

Strong

McConnell

Turnipseed

l\fcMichael of Marion Wood

Those not voting were Messrs. :

Adams Allen Bagley Beacham Boyd Brown of Mur:ray Converse

Davis Dickson Ellison Evans Fender Fields of Crisp Griffin of Twiggs

Hardeman of Jeffs'n Harvey Hubbard Johnson of Jeff Davis Kelley Kicklighter Meadows of Telfair

1228

JouRNAL OF THE HousE.

Middlebrooks McArthur McMichael of Butts Olivet Reid of Macon

R.entz ~;mith of Gilmer Smith of Tattnall 'l'racey Turner

waddell Wasden White of Screven Wright of Stewart Mr. Speaker

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

Oil the passage of the bill the ayes were 124; nays 24.

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

By Mr. Sheppard, of Sumter-
A bill to increase the efficiency of the inspection of fertilizers and feed stuffs by authorizing the employment of assistants in the office of the State Chemist and increase the laboratory facilities and for other purposes.
An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated as Chairman, Mr. Barrett, of Stephens.
After n consideration of the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do pass, as amended.


FRIDAY, AuousT 5, 1910.

1229

The committee proposed to amend by striking the words ''of the funds arising from the sale of ferti. lizer tags': and insert the following; ''out of any funds not otherwise appropriated and the Governor is authorized and directed to issue his warrant on the Treasurer therefor.''
'The amendment was adopted.
A motion to adjourn was put and carried and the bill was carried over as unfinished business.
The Speaker then announced the House adjourned until 2 :30 o'clock this afternoon.

2:30 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. Johnson, of Bartow, Chairman of Committee on General Agriculture submitted the following report, to-wit:
Mr. Speaker:
Your Committee on General Agriculture have had under consideration the following House Bill 428, a bill to provide for the Office of State Veteri~arian

1230

JouRNAL OF THE HousE.

and etc. and for other purposes, and instruct me as their Chairman to report same back with recommendation that it do not pass. Also House Bill 487, to provide for handling of Fertilizer and for other purposes do not pass. Also House Bill 1022. A bill to regulate the width of tires on wagons, carts and etc. and for other purposes do not pass. Also Senate Bill 88. A bill to protect live stock from contagious diseases and for other purposes do not pass.
Respectfully submitted,
JoHNSON, of Bart~w, Chairman

Mr. Butt, Chairman of the Committee on Corporations submitted th~ following report:

Mr. Speaker:
Your Corporation Committee has had under con8ideration the following House Bills and instruct me as their Chairman to report same back to the House with the following recommendations:
House Bill1087, to amend the charter of the town of Oxford. Do not pass.
House Bill 1086, to create a new charter for the town of Dexter. Do pass.
BuTT, Chairman.

~-,RIDAY, AuausT 5, 1910.

1231

Mr. Heard, q1airman of the Committee on Banks and Banking submitted the following report:

1l1r. S pcaker :
Your Committee have had under consideration House Bill No. 1089 and have instructed me, as their Chairman to report bill back to the House with the
I
recommendation that it do pass.
HEARD, Chairman.

.The following bills were read the second time, to-wit:
By Mr. Burch, of Laurens~
A bill to create a new charter for the town of Dexter.

By Mr. Meadows, of Telfair
A bill to amend an Act to incorporate the town of Milan.

By l\lr. Gastley, of Habersham-
A bill to create a Board of Commissioners of Roads and Revenues for the county of Habersham.

1232

JouRNAL 0.1!' THE HousE.

By Mr. Calb~k, of GordonA bill to amend the charter of the town of Calhoun.

By Mr. Rosser, of Walker-
A bill to amend Section 982, Volume 1, of the Code so as to make Ringgold a State Depository.

By Mr. Barrett, of Stephens-
A bill to appropriate $50.00 to pay for water ' furnished the House of Representatives.
The above bill was recommended to Committee on Appropriations.
'The following bills were read the first time, to-wit:

By Mr. Godley, of Camden-
A bill to amend the charter of the town of St. Mary's.
Referred to Committee on Corporations.

By Mr. Pope, of BrooksA bill to create the City Court of Quitman. Referred to Committee on Special Judiciary.

FRIDA, AuausT 5, 1910.

1233

By Mr. Pope, of Brooks-

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

By Mr. Ault, of Polk-
A resolution providing for a j@int Commisflion to look into the necessity of terminals at Chattanooga for the \V. & A. Railroad.
Lie on table 1 day.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Reese, of Glynn-
A bill to repeal an Act to prevent hogs from running at large on St. Simons Island.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120; ~ays 0.
The bill having received the requisite Constitutional majority was passed.

_._234

JOURNAL o.F THE HousE.

By Mr. Paulk, of Berrien-
A bill to amend the charter of the city of Nashville.
The favorable report of the Committee was n.greed to.
On the passage of the bill the ayes were 120; nays 0.
The bill having 'received the requisite Constitutional majority wos passed.

By Mr. McMahan, of Clarke-
A bill to require County Commissioners of certain counties to pay the officers of Court legal costs for . convicts sent to Oounty Chaingang.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110; nays 0.
'l'he bill having received the requisite Constitutional majority was passed.

By Mr. Pope, of Brooks-
A bill to repeal an Act to amend the charter. of Barwick.

FRIDAY, AuGusT 5, 1910.

1235

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120; naye 0.
The bill having received the requisite Constitu- tional majority was passed.

By Messrs. Jones and Keith, of Meriwether-
A bill to incorporate the town of Durand.
The favorable report of th~ Committee wa~ 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. Rentz and Holtzclaw, of Houston-
A bill to amend an Act to create a Board of Roads and Revenues for Houston county.
The favorable report of the Committee war; agreed to.
On the passage of the bill the ayes were 120 : nays 0.

1236

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed.
The following report of the Committee appointed to inspect convict camps was read.

'l'o the General Assembly:
In accordance with a resolution adopted at the 1909 session of the General Assembly, during October, November and December, 1909, sub-committees composed of members of the House and Senate Committees on Penitentiary visited and inspected the convict camps of the State. More than 100 counties were using the convicts. For convenience the State was divided into seventeen districts, ~sub-committee composed of one Senator and three to four members of the House being appointed to visit and inspect the camps in each sub-division of counties.
The reports submitted to a joint meeting of the House and Senate Committees indicate the thoroughness of the inspections. In nearly every instance each camp was specially reported upon in detail. These reports we are filing so that reference to them may be had by any one desiring to acquaint himself with the details thereof.
The lease system terminated April 1st, 1909, and all convicts, felony and misdemeanor, except women, children and men not able to do hard labor, were placed upon the public roads of the various counties.

FRIDAY, AuousT 5, 1910.

1237

Approximately 4,500 men are now building public highways in Georgia.
The change from the lease system to that now in operation was so radical that one not acquainted with the conditions could, to a very slight degree, only, conceive of the varied and serious difficulties encountered by the Prison Commission and the county authorities.

The new law was radical and required a complete change from former methods. The Act of 1908 contemplated humanitarianism as the basis of the management of the State's convicts in the infliction of punishment, and that the State, through its employees paid by the State, and the State only, should exercise authority over the convict.

In accordance with the law of 1908 the Prison Commission formul.ated rules and regulations for the government and control of the convicts, and those having charge of them.
To a degree which is remarkable the law, in letter as well as spirit, and the rules and regulations of the Commission, are being enforced. Some of the provisions of the law are not perfectly clear, and possibly do not speak the legislative intent at the time the law was passed. This arises, no doubt, from the fact that the bill, when enacted was in some particulars hastily amended. The practical enforce-

1238

JOURNAL OF THE HoUSE.

ment of the new system indicates that some changes would enure to the successful operation of the law.
There have been some abuses. The camps and the management of the same in some of the counties showed a higher degree of conformity with the law than in others.
In one county the convicts were, to a large extent, making rice for the market; in another, guards were, in violation of law, paid $60.00 per month; in several proper weekly records, as required by law, were not kept and weekly1eports were not made to the Prison Commission; in another, tuberculosis patients were found confined with healthy convicts; in several, the quarters, as to size, quipment and cleanliness were not up to the requirements of the Prison Gomntission; some were not feeding as required by the rules. In more than one county the sick were quartered in the county jail; one or more guards under the age of 21 were found; in one county on last Thanksgiving day the convicts were required to spend the day moving the camp instead of being permitted to rest.
It will be remembered that our visits of inspection were made only six or seven months after the , convicts were placed upon the roads. The Commission had three inspectors to visit and report UJ!On about 150 camps. The convicts in many instance~ were in the hands of persons who were entirely inexperienced in the handling of convicts. Therefore it is not suprising that these irregularities were found.

\

FRIDAY, AuausT 5, 1910.

1239

We called the attention: of the Prison Commission to every violation of the law discovered by us, and are assured that remedial measures have been taken. The Commission now .has employed a large number of inspectors. In our opinion the number ought to be sufficiently large to enable the inspector to spend one entire day at each camp during each month.
No woman ought to be left in any county convict camp. The danger is too great. They should be sent to the State farm without any exception.
It is deplored that in many camps little attention is given to religious worship.
It ought to be a source of great satisfaction to every citizen of the State that the convicts are no longer considered an object of merchandise, beasts of burden, but on the contrary, are treated as human beings, as men and women who have souls. They labor in the open air, eat and sleep; their habits are regular; they are, to a remarkable degree, healthy, !:'trong, able-bodied men and women and the death rate is less than half that of the population of the State taken as a whole.
In our opinion the convict Act contemplated the complete separation of the races. For lack of proper facilities the Prison Commis_sion has not as yet been able to accomplish .this end; but in no case, so far as we could learn, did they eat at the same table or sleep in the same room.

1240

JouRNAL oF THE HousE.

The law provides that the State shall employ and pay the wardens and guards. In theory this is done; but not in fact. Indeed it is practically impossible to comply with this requirement; but it ought to be done. The beneficiary of the labor of the convict ought not in the remotest manner to control or manage the convict. The State furnishes the labor of the convict to the county to build and improve the Public Highway, but it was not the intention of the law that the State should delegate any of its authority over the convict to the county. The county pays the expense of maintenance. The State is the one person; the county is the other. Wardens and guards ought to be under no obligations to the county authorities, but it is not so, and cannot be so, under the present law, as construed. Formerly the convict was sold to private individuals or corporations. Now, in order that the counties may not make the mistake of feeling that the convicts are GIVEN to them,, the strictest supervision is necessary.
In some instances the county authorities appeared to exercise a property right over the convict.
Herein lies the danger in the present system. There's the weak spot.
ROAD BUILDING.
The magnitude of the work being done in Georgia by the convicts at the present time, and the results being accomplished, are almost beyond conception.

FRIDAY, AuGusT 5, 1910.

1241

FOUR THOUSAND FIVE HUNDRED MEN
BUILDING ROADS.
A conservative estimate places the value of road building equipment, including stock, in the State at nearly $1,500,000. During the past year about 6,000 miles of road have been graded and made permanentA j 5,000 miles have been to some extent permanently improved.
The county authorities are rapidly learning the art of. road building, and the results as the years pass will be much more gratifying.
A very careful investigation of the cost of the maintenance of the convicts, including food, clothing, transportation, guard and warden hire and food for the same, stock feed, repairs, and every expense of maintenance, shows that in the several counties of the State it varies from about forty cents per day to one dollar and fifty cents per day per convict.
The average is eighty to ninety cents. The maintenance of the convicts upon the roads, exclusive of equipment is costing the several counties of the State in the aggregate in round numbers about $1,500,000.
The convict, eating wholesome food regularly, sleeping regularly, being well cared for, healthy and strong as a rule labors cheerfully. With little or no inconvenience he accomplishes double as much in a day as a free laborer. Therefore, as compared with

1242

JouRNAL OF THE HousE.

free labor, the average cost of the convict to the county is forty to fifty cents per day. The free laborer must have a dollar a day or more. .Thus the convict labor is costing the county less than half what free: labor would cost.
AND GEORGIA IS BUILDING GOOD ROADS.

THE STATE FARM
The State farm is little more than an infirmary. The old, crippled, diseased, deformed are there, many pitiable cases.
In the main stockade building are kept the white and colored males, the whites being quartered in one large haU and the negroes in another.
The races should be entirely separated and to accomplish that end another stockade is necessary.
F. M. GoRnY; Chairman Senate Committee on Penitentiary.
FERMOR BARRETT,
Chairman House Committee on Penitentiary.
July 1st, 1910.
The following Senate Bills were read the second time, to-wit:

FRIDAY, AuausT 5, 1910.

1243

By Mr. Stevens, of 30th district-
A bill to amend the charter of the town of Lexington.

By Mr. Harben, of 32nd district-
A bill to change the time of holding the Superior. Court of Dawson county.

By Mr. Kemp, of 16th district-
A bill to amend an Act to create the City Court of Swainesboro.

By Mr. Gordy, of 24'th district-
A bill to authorize the Commissioners of Commons of Columbus, Georgia to cede to Columbus certain lands.

By Mr. King, of 14th district-
A bill to provide for the transfer of registered maps of municipalities,

By Mr. King, of 14th districtA bill to provide for Solicitors of City Courts.

1244

JOURNAL oF THE HousE.

By Mr. Harrell, of 12th district-
A bill to prohibit shooting towards or at an occupied dwelling house.
The following Senate Bills were read the third time, to-wit:

By Mr. Sellars, of 2rd d!strict-
A bill to restrict the jurisdiction of the City Court of B~xley and for. other purposes.
The favorable report of the Committee was ngreed to.
On the passage of the bill the ayes were 120; nays 0.
The bill having received the requisite Constitutionnl majority was passed.

By Mr. Harrell, of 12th district-
A bill to amend an Act to require the Board of Commissioners of Roads and Revenues of Stewart county to pay officers of the court costs in criminal cases.
The favorable report of the Committee was Hgreed to.

FRIDAY, AUGU8T 5, 1910.

1245

On the passage of the bill the ayes were 1-20; nays, 0.
The bill having received the requisite Constitutjonal majority was passed.
The following bill which was brought over as unfinished business was taken up for further con sideration, to-wit:

By Mr. Sheppard, of Sumter-
A bill to increase the efficiency of the inspection of fertilizers and feedstuff, by authorizing the employment of additional assistants in the office of State Chemist.
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

Bell

Alexander of DeKalb Brinson of Decatur

Alexander of Fulton Brinson of Emanuel

Allen

Brown of Carroll

Alley

Brown of Fulton

Anderson 'lf Bullock Brown of Murray

Anderson of Chatham Burch

Armistead

Butt

Atherton

Calbeck

Atkinson

Chandler

Ault

Childs

Bailey

Cooke

Baker

Cordell

Barrett

Couch

Cowan Culberson Daniel Drawdy l<idmondson Edwards Elder Ellison English EYans Fielrt of r Kalb Ford Fullbright Garlington

1246

JouRNAL OF THE HousE.

Gastley

Lord

Rogers

Gillis

Lovejoy

Sheppard

Godley

Martin

Shirley

Graddick

Meadows of Toombs Simmons

(l riffin of Sumter

Miller of Calhoun

Simpson

Guyton

Miller of Wa.re

Slade

Hall

Milikin

Smith of Gilmer

Hardman of Jackson Mintet

Smith of Tattnall

Harrington

Moore

Smith of Walton

Harvey

Moss

Stovall

Hatfield

MacFarland

Strong

IIeard

Macintyre

Stubbs of Putnam

Henderson of Irwin McCarthy

Tarver

Henderson of Turner McConnell

Tippins

Hill

McCutchen

Tracey

Holtzclaw

McElreath

Tuggle

Howell

McMahan

'l'urner

IIubbard

McMichael of Butts 'l'crnipseed

Ifuie

McMichael of Marion Vinson

Johnson of Bartow MeWhorter

Waddell

Johnson of Towns Parker of Decatur 'Valters

Joiner

Paulk

Watkins

Jones of Laurens

Persons

Whiteley

Jones of Mitchell

Pope

Wight of Grady

Kelley

Porter

William3

Kendrick

Proctor

'Vohlwender

Kennedy

Reese

Wood

Kidd

Reid of Campbell Wright of Floyd

Kirby

Reid of Macon

Lewis

Roberts

Those not voting were Messrs. :

Barksdale Bagley Beacham Berry Booker Boyd Brown of Henry Buxton Cannon

Ca.rswell Carter Converse Cureton Davis Dickson Ellis Faircloth Fender

Fields of Crisp Uriffin of Twiggs Hardeman of Jeffs 'n Helms Hendricks Holder of Floyd Hullender Johnson of Jeff Davis Jones of Meriwether

FRIDAY, AuGusT 5, 1910.

1247

Keith Kicklight<Jr Lawrence Littleton Meadows of Telfair Middlebrooks Mitchell McArthur McCrory McCurry

Oliver Parker of Talbot Peacock Pickett Pierce Price Reaves Redding Rentz Rosser

Stubbs of Thomas upshaw Wasden Vvhite of Screven Woodlifl 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 130; nays 0.

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

The following Senate Bills were read the first time, to-wit:

By Mr. MeWilliams, of 34th district--'-
A bill to require the several Boards of Health .to enforce the standard transit permits.
Referred to Committee on Hygiene and Sanitation.

By Mr. Slaton, of 35th districtA bill to provide for dissolution of corporations. Referred to Committee on Corporations.

1248

JOURNAL OF THE HouSE.

By Mr. Slaton, of 35th districtA bill to provide for liability for torts of wife. Referred to Committee on General Judiciary.

By Mr. CallawaJ:, of lOth districtA bill to provide for fishways over dams. Referred to Committee on Fish and Game.

By Mr. Sellers, of 3rd district-
A bill to make it unlawful for any person or corporation to publish name of woman upon whom rape l::as been committed.
Referred to Committee o:u General Judiciary.
By Mr. Kemp, of 16~h districtA bill to provide a two weeks session of the
Superior Court of Emanuel county.
Referred to Committee on Special Judiciary.

By Mr. Harrell, of 12th district-
A bill to make the wife competent to testify in cases of seduction.
Referred to Committee on General Judiciary.

FRIDAY, AuGusT 5, 1910.

1249

By Messrs. MeWilliams, of 34th district, Price, of 27th district-
A bill to amend an Act to create t~e State Board of Embalmers.
Referred to Committee oil Hygiene and Sanitation.

By Mr. Mathews, of 23rd district-
A bill to a-qthorize the State Board of Entomology to employ assistants.
Referred to Committee on Appropriations.

The following bills were taken up and the Senate amendments concurred in, to-wit:

By Messrs. Field and Alexander, of DeKalbA bill to re-incorporate the town of Kirkwood.

By Mr. Atkinson, of Morgan-
A bill to amend the new charter for the city of Madison.

By Mr. Barrett, of StephensA bill to amend the charter of the town of Avalon.

1-40

1250

. JOURNAL OF THI<~ HousE.

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

By Mr. Hall, of Bibb-
A resolution providjng for the sale of the Governor's Mansion.
On motion of Mr. Hall the above resolution was tabled.
On motion of Mr. Anderson, of Chatham, House Bill No. 435 was tabled.

By Mr. White, of Screven-
A bill to provide for the appointment of an assist<!nt to the Pension Commissioner.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 45; nays 51.
The bill having failed to receive the requisite Constitutional majority was lost.

By Mr. Keith, of Meriwether-
A resolution to pay Auditor and Stenographer appointed by the Committee on Public Property to

FRIDAY, AuausT 5, 1910.

1251

investigate the ~barges of graft ~n the office of Keeper of Public Buildings and Grounds.

An appropriation being involved the Speaker resolved the House into the Committee of the whole -and designated as Chairman Mr. Chandler, of
~.,ranklin.

After a consideration of the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.

The report of the Committee was agreed to.

On the passage of the bill.the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams

Brown of Carroll

Alexander of DeKalb Brown of Fulton

Alexander of Fulton Brown of Murray

Allen

Burch

Anderson of Bullock Butt

Anderson of Chatham Calbeck

Armistead

Chandler

Atherton

Childs

Atkinson

Cooke

Ault

Cordell

Barksdale

Couch

Baker

Cowan

Barrett

Cnlberson

Bell

Cureton

Booker

Daniel

Boyd

Drawdy

Brinson of Decatur Edwards

Brinson of Emar,uel Elder

Ellison English Evans Faircloth Pield of DeKalb ]'ields of Crisp Ford Fullbright Gastley Gillis Godley Graddick Griffin of Sumter Guyton Hall Il !<rdman of Jackson Harrington Harvey

1252

JouRNAL oF THE HousE.

Hatfield Heard Helms Uenderson of Irwin Henderson of Turner Hill
Ht~ltzclaw
Hubbard Hullender Huie Joiner .Tones of Laurens Jones of Meriwether Jones of Mitchell Kendrick Kidd Kirby Littleton Lord Lovejoy ~artin Meadows of Toombs Miller of Ware Milikin

Mitchell

Shirley

~oore

Simpson

Mos:t
~acintyre

Slade :'lmith of Gilmer

~cCarthy

Bmith of Tattnall

~cConnell

Stovall

~cCurry

Strong

~cCutchen

Stubbs of Putnam

~cElreath ~c~ahan

Tarver 'fippin!i

McMichael of Butts .Tracey

McMichael of Marion Tuggle

McWhorter

Turnipseed

l'ark.er of Decatur l 1pshaw

Paulk

Vinson

Pope

Walten

Porter

W atkin:t

Proctor

White of Screven

Reese

Whiteley

Reid of Campbell Wight of Grady

Reid of Macon

William~

Rogers

Wood

Rosser

Wright of Floyd

Sheppard

Those not voting were Messrs. :

Alley Bagley Bailey Beacham Berry Brown of Henry Buxton Cannon Carswell Carter Converse Davis Dickson Edmondson Ellis

Fender

Lewit

Garlington

Meadows of Telfair

Griffin of Twiggs

Middlebrooks

Hardeman of Jeffs'n Miller of Calhoun

Hendricks

Minter

Holder of Floyd

MacFarland

Howell

~cArthur

Johnson of Bartow ~cCrory

Johnson of Jeff Davis Olivet

Johnson of Towns Parker of Talbot

Keith

Peacock

Kelley

Persons

Kennedy

Pickett

Kicklighter

Pierce

Lawrencq

FRIDAY, AuGusT 5, 1910.

1253

Price. Reaves Redding RE:ntz Roberts

Simmons Smith of Walton Stubbs of Thomas Turner Waddell

Wasden Wohlwender Woodliff \Vright of Stewart Mr. Speaker

By unanimous consent the verification of the roll C;all was dispensed with.

On the passage of the bill the ayes were 125; nays 0.

The bill having received the I:equisite Constitutional majority was passed.

By Mr. Jones, of Meriwether-
A resolution to make appropriation to meet deficiency in the printing fund and to make same immediately available.
An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated as Chairman Mr. Baker, of Lumpkin.
After a consideration of the resolution the Committee arose and through their Chairman reported the same back with the recommendation that it do pass.
The report of the Committee was agreed to.
On the passage of the bill the ayes and nays were ordered and the vote was as follows:

1254

J ouRNAI, oF THE HousE.

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Gillis

Alexander of Fulton Graddiek

Allen

Griffin of Sumter

Alley

Hall

Anderson of Chatham Iiardman of Jackson

Armistead

Harrington

Atkinson

Harvey

AuU

l!at:field

Barksdale

Heard

Baker

Henderson of Irwin

Barrett

Henderson of Turner

Bell

Hendricks

Booker

Holtnlaw

Boy()

Hubbard

Brinson of Decatur Hullender

Brinson of Emanuel Huie

Brown of Carroll

Joiner

Brown of Fulton

Jones of Laurens

Burch

Jones of Meriwether

Butt

Kendrick

Calbeck Chandle,r Childs

Kennedy Kidd Kirby

Cooke

Lawrence

Cordell Couch Cowan Culberson

Littleton Lord Martin Miller of Ca1houn

Cureton Daniel

Miller of Ware Milikin

Drawdy

Mitchell

Edwards

Moo !II

Elder

Macintyre

English

McCarthy

Evans

McConnell

Faircloth

McCrory

Fields of Crisp

McCurry

Ford

McCutchen

Fullbright

McElreath

Garlington

McMahan

Gastley

McMichael of Butts McMichael of Marion McWhorter Parker of Decatur Parker of Talbot Paulk l'oplt Porter Prioo Proctor Reese Reid of Campbell Reid of Macon Roberts Rogers Rosser Sheppard Shirley Simmou Slade Smith of Gilmer Smith of Tattnall Stovall Stubbs of Putnam 'l'arve:t Tippins Tracey 'fuggle 'furnipseed lrpshaw Vinson Waddell
Walter~
Watkins White of Screven Wioodli:f! Wright of Floyd Wood "Whiteley W!ight of Grady

FRIDAY, AuGUST 5, 1910.

1255

Those not voting were Messrs. :

Adams Anderson of Bullock Atherton Bagley Bailey Beacham Berry Brown of Henry Brown of Murr.ay Buxton C:annon Carswell Carter Converso Davis Dickson Edmondson Ellis F.Ilison Fender Field of DeKalb

Godley

Moss

Griffin of Twiggs

MacFarland

Guyton

McArthur

Hardeman of Jeffs 'n Oliver

Helms

Peacock

Hill

Persons

Holder of Floyd

Pickett

Howell

Pierce

Johnson of Bartow Reaves

Johnson of Jeff Davis Redding

Johnson of Towns Rent3

.Jones of Mitchell

Simpson

Keith

Smith of Walton

Kelley

Strong

Kicklighter

Stubbs of Thomas

Lewis

Turner

Lovejoy

Wasden

Meadows of Telfair \V.ohlwender

Meadows of 'foombs Wright of Stewart

Middlebrooks

Mr. Speaker

Minter

By unanimous consent the verification of the roll call was dispensed with.
On the passage of the resolution the ayes were 123; nays 0.
The resolution having received the requisite Constitutional majority was passed.
By Mr. Armistead, of Oglethorpe-
A resolution to erect a monument to William Harris Crawford.

1256

JouRNAL oF THE Hou,sE.

On motion of Mr. Henderson, of Irwin the resolution was tabled.

By Mr. Hardman, of Jackson-
A bill to create in the State of Georgia a State Road Commission.
The substitute proposed by the Committee was udopted.
'fhe report of the Committee which was favorable to the passage of the bill by substitute w~ 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

Burch

Alexander of DeKalb Butt

Alexander of Fulton Calbeck

Allen

Childs

Alley

Cordell

Anderson of Bullock Couch

Anderson of Chatham Cowan

Armistead

Culberson

Atherton

Drawdy

Atkinson

Edwards

Ault

Elder

Barksdale

Ellison

Baker

Evans

Barrett

Faircloth

Berry

Field of DeKalb

Booker

Fields of Crisp

Brinson of Decatur Fullbright

Brown of Fulton

Gastley

Gillis Godley Graddick Guyton Hardman of Jackson Harrington Helms Henderson of Irwin Holtzclaw Huie Joiner Jones of Laurens Jones of Mitchell Kelley Kendrick Kennedy Kidd Kirby

FRIDAY, AuGUST 5, 1910.

1257

Littleton

Parker of Decatur

Lord

Parker of Talbot

Lovejoy

Paulk

Martin

Persons

Meadows of Toombs Porter

Miller of Ware

Proctor

Milikin

Reese

McCarthy

Reid of Campbell

McCutchen

Roberts

McElreath

Shirley

McMahan

Simmons

l\fcMichael of Butts Slade

McMichael of Marion Smith of Gilmer

:McWhorter

Smith of Tattnall

Stovall Stubbs of Putnam 'l'arver Tippins Tuggle Turnipseed trpshaw Vinson Waddell Watkins Wight of Grady Williams Wood "\Vi>odlifl

Those voting in the negative were Messrs.:

Bell Brinson of Emanuel Brown of Carroll Chandler Cooke Cureton Ford Garlington Griffin of Sumter Hall

Hatfield Heard Henderson of Turner Hendricks Hill Hullender Johnson of Bartow Mooro Mos1 Macintyre

McConnell McCrory I'ope Prioo E.heppard Strong rrurne:r Whiteley Wright of Floyd

Those not v:oting were Messrs. :

Bagley Bailey Beacham Boyd Brown of Henry Brown of Murray Buxton Cannon Carswell Carter Converse Daniel

Davis Dickson Edmondson Ellis English Pender Griffin of Twiggs Hardeman of Jeffs 'n Harvey Holder of Floyd Howell Hubbard

Johnson of Jeff Davis Johnson of Towns Jones of M;eriwether Keith Kicklighter Lawrence Lewis Meadows of Telfair Middlebrooks Miller of CalhOUll Minter Mitchell
-""

1258

JouRNAL oF THE HousE.

MacFarland McArthur :McCurry Oliver Peacock Pickett Pierce Reaves

Redding Reid of Macon Rent:& Rogers Rosser Simpson Smith of Walton Stubbs of Thom:as

Tracey Walters Wasden White of Screven
W~hlwender
Wtright 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 96; nays 29.

The bill having received the requisite Constitutional majority was passed by su~stitute.

Mr. Barrett, of Stephens gave notice that he would move to reconsider House Bill No. 199.

By Mr. Adams, of Hall-
A bill to amend the General Tax Act, which provides for a tax on dogs.
Mr. McConnell, of Gwinnett moved to adjourn before the above bill could be acted on, which motion prevailed.
Leave of absence was granted-
Mn. RENTz, of Houston, sickness.
BENSON, of Decatur, sickness.

FRIDAY, AuGUST 5, 1910.

1259

REEVEs, of McDuffie, business. BRowN, of Henry, business. SMITH, of Walker, business.

The Speaker then announced the House adjourned until 9 o'clock to-morrow morning.

1260

JouRNAL OF THE HousE.

ATLANTA, GA.

SATURDAY, AuGUST 6, 1910.

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 member~ answered to their names.

Adams

Burch

Alexander of 'DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

ConvellSO

AuH

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beacham

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

Brown of Murray :Evans

Faircloth.' Pender Field of DeKalb Fields of Crisp Ford Fullbright Garlington Gastley Gillis Godley Graddick hriffin 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 :tTolder of Floyd

SATURDAY, AuGUST 6, 1910.

1261

J:,oltzciaw

MacFarland

Shirley

Howell

Macintyre

Simmon I

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

.Johnson of Bartow McCrory

Smith o1. Tattnall

.Johnson of .Jeff Davis McCurry

Smith of Walton

.Johnson of Towns McCutchen

Stovall

.Joiner

McElreath

Strong

.Jones of Laurens

McMahan

Stubbs of Putnam

.Jones of Meriwether McMichael of Butts Stubbs of Thomas

.Jones of Mitchell

McMichael of Marion Tarver

Keith

McWhorter

Tippins

Kielley

Oliver

T.racey

Kendrick

Parloor of Decatur Tuggle

Kennedy

Parker of Talbot

'furner

Kicklighter

Paulk

1.'urnipseed

Kidd

Peacock

Upshaw

Kirby

Persons

Vinson

Lawrence

Pickett

Waddell

Lewis

Pierce

Walters

Littleton

Pope

WaBden

Lord

Porter

Watkinl

Lovejoy Martin

. Price Proctor

White of Screven W.hiteley

Meadows of Telfair Reaves

Wight o1. Grady

Meadows of Toombs Redding

Williams

Middlebrooks

Reese

W.ohlwender

Miller of Cllilhoun Reid of Campbell Wood

Miller of Ware

Reid of Moaeon

W10odlift

Milikin

Rent a

Wright of Floyd

Minter

Roberts

W!right of Stewart

Mitchell

Rogert

Mr. Speaker

Moore

Rosser

Mos:t

Sheppard

Mr. White, of Screven gave notice that he would move to reconsider the action of the House in defeating House Bill 987.

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

1262

JouRNAL oF THE HousE.

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

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, to-wit:
A bill to amend Article 7, Section 3, Paragraph 1 of the Constitution of Georgia.
A bill to establish the City Court of Ellijay.
A bill to require the authorities in charge of county affairs, having a: city of 10,000 population to pay certain criminal costs.
The Senate. bas passed by a requisite Constitutional majority the following bills of the House, to-wit:
A bill to create a new (;barter for the town of Baconton.
A bill to authorize County Commissioners of counties containing a city of not less than 54,000 nor more than 75,000 population to adopt regulations allowing taxes to be paid quarterly.
A bill to amend the charter of the city of Atlanta.

SATURDAY, AuausT 6, 1910.

1263

The Senate has passed, as amended, by a requisite Constitutional majority the following bills of the House, to-wit:
A bill to prohibit pistol carrymg except under certain conditions.
A bill to amend the charter of the city of Marietta.
The following Senate Bill was read the third time and put upon its passage, to-wit:

By Mr. Stevens, of 30th district-
A bill to amend the charter of the town of Lexington ..
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 followi~g bills were read the third time and put upon their passage, to-wit:

By Mr. Barrett, of StephensA bill to require fire insurance companies on the

1264

JOURNAL OF THE HOUSE.

assessment plan to make deposits with the State Treasurer.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 84; .nays 21.
The bill having failed to receive the requisite Constitutional majority was lost.

By Messrs. Johnson and Price, of Bartow-
A bill to reqUire applicants for pardon or commutation of sentence to give notice by publication of all application for same.
The, substitute proposed by the Committee was agreed to.
On the passage of the bill the ayes were 96; nays 2.
Tohe bill having received the requisite Constitutional majority was passed by substitute.

By Mr. Pierce, of Richmond-
A bill to provide that ali property which is without a lawful owner shall belong to the State.

SATURDAY, AuGusT 6, 1910.

1265

Before the above bill could be disposed of the hour for granting unanimous consents expired and the regular order of business as prescribed by the Committee on Rules was taken up.
Mr. Brown, of Fulton, Chairman of the Committee on Hygiene and Sanitation submitted the following ,report:
August 6, 1910. The Committee on Hygiene and Sanitation has considered the following bills and recommend that they do pass.
Senate Bill No. 216. Senate Bill No. 217. Senate Bill No. 213 as amended. House Bill No. 1075.
GEOBGE BRowN, Chairman.
Mr. Fullbright, Chairman of Committee on Special Judiciary, submitted the following report:
Mr. 8peaker: Your Committee on Special Judiciary has had
under consideration the following bills and instruct me, as their Chairman, to report them as follows :
House Bill No. 1090-To repeal the City Court of Quitman. Do pass.

1266

JouRNAL m' THE Hou::;E.

House Bill No. 1091-To establish the City Court of Quitman. Do pass.
House Bill No. 957-To amend Act of 1909. Do pass.
Senate Bill No. 189-To provide for two weeks session of Emanuel Superior Court. Do pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

The following bill was read the second time and recommitted, to-wit:

By Mr. Godley, of Camden-
A bill to amend the charter of St. Mary's.
House Resolution No. 295 was taken from the table and placed on the Calendar.
The following Senate bills were read the second time, to-wit:

By Mr. Kemp, of 16th district-
A bill to provide for two weeks session of the Superior Court of Emanuel county.

SATURDAY, AuGUST 6, 1910.

1267

By Mr. Price, of 27th districtA bill to amend Section 1496 of the Code of 1895.

By Mr. MeWilliams, of 34th district-
A bill to require Boards of Health to enforce standard transit permits.

By Messrs. MeWilliams, of 34th district; Price, of 27th distri<Jt~
A bill to amend an Act to establish a State Board of Embalming.

By Mr. Slaton, of 35th district-
A bill to regulate the inspection and grading of grain and hay.
The above bill was recommitted.
The following House bill was read the third time and put upon its passage, to-wit:

By Mr. Rosser, of "\Valker-
A bill to amend Section 982, Volume 1 of the Code
so as to add the town of Ringgold to list of State depositories.

1268.

JouRNAL oF THE HousE.

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 120, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following bills were read the second time, towit:

By Messrs. Brown, McElreath and Alexander, of Fulton-
A bill to provide that no common drinking cup shall be placed in public places.

By Mr. Pope, of Brooks-
A bill to repeal an Act to create the City Court of .Quitman.

By Mr. Pope, of Brooks-
A bill to establish the City Court of Quitman.
The following House bills were read the third time and put upon their passage, to-wit:

SATURDAY, AuousT. 6, 1910.

1269

By Mr. Meadows, of Telfair-
A bill to amend an Act to inc-orporate the town of Milan.
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. Burch, of Laurens-
A bill to create a new charter for the town of Dexter.
The favorable report of the Committee was agreed to.
On the passage of the bjll the ayes were 120, nays, 0.
The bill having received the requisite Constitu- tional majority was passed.

By Mr. Calbeck, of Gordon-
A bill to amend the charter of the town of Calhoun.

1270

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 Senate bills were read the third time and put upon their passage, to-wit:

By Mr. Kemp, of 16th district-
A bill to amend an Act to create the City Court of Swainsboro.
The favorable report of the Committee was a~reed to.
On the passage of the bill the ayes were 27, nays, 0.
The bill having rec.eived the requisite Constitutional majority was passed.

By Mr. Gordy, of 24th district-
A bill to authorize the Commissioners of Commons of Columbus to cede certain land to said city.
The favorable report of the Committee was agreed to.

SATURDAY, AuausT 6, 1910.

1271

On the passage of the bill the ayes were 120, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Harben, of 32d district-
A bill to change the time of holding the Superior Court of .Dawson county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following bill was taken up and the Senate amendments concurred in, to-wit:

By Mr. Moss, of Cobb-
A bill to amend an Act creating a new charter for city of Marietta.
Senate Bill No. 214 was tabled on motion of Mr. Sheppard, of Sumter.
The following special order was read the third time and put upon its passage, to-wit:

1272

iouRNAL OF THE HousE.

By Mr. Adams, of Hall-
A bill to amend the General Tax Act, which provides for a tax on dogs.

The following amendment was adopted:

To amend by adding new Section to be known as Section 3 and numbering other Sections accordingly. "Sec. 3. Be it further enacted by the authority aforesaid, That this Act shall go into effect on Jan. 1st, 1911.
The favorable report of the Committee was ~greed 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 Allen Anderson of Bullock Atherton Ault Barksdale Baker Barrett Bell Berry Butt Calbeek Cannon Cureton Daniel Drawdy

Edwards

Howell

Ellison

HJibbard

Evans

Hullender

Paircloth

Johnson of Bartow

Field of DeKalb

J-ohnson of Towns

Gastley

Joiner

Grad dick

Jones of Laurens

Guyton

Jones of Meriwether

Hall

Kdth

Hardeman of Jeffs 'n Kennedy

Harrington

Kidd

Harvey

Kirby

Hatfield

Lawrence

Heard

Lord

Henderson of Turner Miller of Calhoun

Hill

Mitchell

SATURDAY, AuGUST 6, 1910.

1273

Moss

Proctor

McConnell

Reid of Campbell

McCrory

Reid of Macou

McCutchen

Roberts

McMichael of Marion Rosser

Parker of Decatur Sheppard

Parker of Talbot

Shirley

Persons

Simpson

Pickett

Smith of Gilmer

Pierce

r:;mith of Tattnall

Pope

Tarver

Prioo

Tippins

'furner Turnipseed Upshaw Vinson Walters Watkins White of Screven Whiteley Wight of Grady Williams

Those voting in the negative were Messrs.:

Alexander of DeKalb English

Alexander of Fulton Fields of Crisp

Alley

Ford

Anderson of Chatham ]'ullbright

Armistead

Garlington

Atkinson

Gillis

Bailey

Godley

Booker

Griffin of Sumter

Boyd

Henderson of Irwin

Brinson of Emanuel Hendricks,

Brown of Carroll

Holtzclaw

Brown of Fulton

Jones of Mitchen

Brown of Murray Kelley

Bux,ton

Kendrick

Childs

Lewia

Cooke

Littleton

Cordell

Lovejoy

Couch

Martin

Culberson

Meadows of Toombs

Dickson

Miller of Ware

Elder

Milikin

Minte~
Moore Macintyre McCurry McElreath McMahan McMichael of Butts McWhorter Portet Reese Roger1 Simmons Slade Stovall Strong Stubbs of Thomas Tracey Wood "\Vright of Floyd

Those not voting were Messrs. :

Bagley Beacham Brinson of Decatur

Brown of Henry Burch Carswell

Carter Chandler Conver.se

1274

JouRNAL OF THE HousE.

Cowan

Kicklightl'r

Davis

Meadows of Telfair

Edmondson

Middlebrooks

Ellis

MacFarland

Fender

McArthur

GrHfin of Twiggs

McCarthy

Hardman of ;Jarkson Olivet

Helms

Paulk

Holder of Floyd

Peacock

Huie

Reaves

Johnson of Jeff Davis Redding

Rentz Smith of Walton Stubbs of Putnam 'l'uggle Waddell Wasden Wohlwender Woodli:fl Wright of Stewart Mr. Speaker

The roll call was verified and on counting the vote it was found that the ayes were 82, nays, 61.

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

On motion of Mr. McElreath, of Fulton, House Bill No. 241 was taken from the table and placed on the Calendar.

On motion of Mr. Persons, of Monroe, the session was extended 10 minutes for reading Senate local bills a second time.

Mr. Fullbright, of Burke, moved that the regular session be extended to 1 :30 o'clock, whiC'h motion prevailed.

Mr. Chandler; Chairman of Insurance Committee, submitted the following report:

SATURDAY, AuausT 6, 1910.

1275

Mr. Speaker:
Your Committee on Insurance has had under consideration Senate Bill No. 196-A bill to :fix the fees to be paid by local fire and storm insurance companies. And have instructed me, as their Chairman, to report the same back to the House with the recommendation that the same do pass,
Respectfully submitted,
H. H. CHANDLER, Chairman.

The following Senate bill was read the second time, to-wit:
By Messrs. Pitts, of 43rd district; Irwin, of 11th district-
A bill to :fix fees to be paid by local fire and storm insurance companies.
The following resolution was taken up under head of unfinished business, to-wit:
By Mr. Hall, of Bibb-
A resolution to provide for the sale of 'the Governor's Mansion.
The substitute proposed by Mr. Garlington, of Richmond, was adopted as amended. The amendments are as follows:

1276

JouRNAL OF THE HousE.

To amend by striking out the third resolution and substituting tb~ following:
"Third.. Be it further resolved, That it shall be the duty of said Commission to receive and consider offers or proposals of any kind for the purchase from the State of said property or in connection therewith to examine any property that may be offered in exchange therefor or any other property probably available to bear argument and suggestions from any and all persons, and to digest and report all facts pertinent to be considered in, and. to report the premises to the next General Assembly and make such recommendations as tb~y deem wise. Also
To amend by striking from the caption the words "bids upon," and substitute therefor the words "offers or proposals of any kind for the purchase from the State of.'' Also
To amend by striking out all words in the caption after ''Atlanta,'' where it occurs in line 6 and substituting the words ''and to consider and report thereon to the next General Assembly, and for other purposes.''
To amend by striking ''3'' and inserting ''5'' and by striking "2" and inserting "3."
The report of the Committee which was favorable to the passage of the resolution as amended was agreed to.

SATURDAY, AuousT 6, 1910.

1277

On the passage of the resolution the ayes were 105, nays, 3.
The resolution having received the requisite Constitutional majority was passed as amended.
The Speaker appointed the following Committee under House Resolution No. 295, looking to the sale of the Governor's Mansion: Messrs. -Hall, of Bibb; Anderson, of DeKalb; Davis, of Dougherty; Fullbright, of Burke; Vinson, of Baldwin.
The following bills were read the third time and vut upon their passage, to-wit:

By Mr. McCutchen, of Heard-
A bill to regulate the manner of selecting official county newspapers, and for other purposes.
The following amendments were adopted:
To amend by striking the words ''petitions for charters'' in Section 1.
To amend by striking the words '' fiv~ successive years'' in lines 20 and 21 of Section 1, and insert in lieu thereof the words ''a period of two years.'' Also to insert ''two years'' in lieu of ''five years'' in line 31 same Section.
The report of the Committee was agreed to as amended.

1278

JOURNAL OF THE HoUSE.

On the passage of the bill the ayes were 100, nays, 9.
The bill having received the requisite -Constitu. tional majority was passed as amended.

By Mr. Barksdale, of Wilkes-
A bill to fix the salary of the stenographer of the State Bank Examiner.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 96, nays, 10.
The bill having received the requisite Constitutional majority was passed.

By Mr. Reid., of Campbell-
A bill to provide a stenogr.apher for the insurance department.
The favorable report of the Committee was agreed to as amended. The amendment is as follows:

By Mr. Brown, of Murray-
To amend by adding a proviso as follows: ''The salary of said stenographer shall be paid by .the

SATURDAY, AuGUST 6, 1910.

1279

Comptroller-General out of the one-fifth of the agents fees allowed him by existing law."
On the passage of the bill the ayes were 104, nays, 18.
The bill having received the requisite Constitutional majority was passed as amended.
On motion of Mr. Henderson, of Irwin, House Bill No. 524 was tabled.

By Mr. Barrett, of Stephens-
A bill to appropriate $50 to pay for water used by the House during 1910..
An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated as Chairman Mr. Ault, of Polk.
After a consideration of the resolution the Committee arose and through its Chairman reported the same back with the recommendation that it do pass.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes and nays were ordered and, the vote was as follows:

1280

JouRNAL OF THE HousE.

Those voting in the affirmative were Messrs.:

Adams

Godley

:McConnell

Alexander of DeKalb Graddick

McCrory

Alexander of Fulton Guyton

McCutchen

Allen

Hall

McElreath

Anderson of Chatham Hardeman of Jeffs 'n McMahan

Armistead Atherton Atkinson Ault Barksdale Bailey Barrett Bell Berry Booker

Hanington

:McMichael of Butts

Harvey

McMichael of Marion

Hatfield

McWhorter

Heard

Parlrer of Decatur

Henderson of Irwin Parker of Talbot

Henderson of Turner Paulk

Hill

. Peacock

Howell

Pickett

Hubbard

Pierce

Hullender

P o p <I

Boyil Brinson of Emanuel Brown of Carroll Brown of Murray Burch

Huie Johnson of Bartow Johnson of Towns Joiner Jones of Laurens

PorJ;er Prioo Reid of Campbell Reid of Macon Roberts

Butt Buxton Calbeck

Jones of Meriwether Rogers

Jones of Mitchell

Rossel

Keith

Sheppard

Childs

Kelley

Shirley

Cooke Cordell Couch

Kendrick Kennedy Kidd

Simmons Simpson Slado

Culberson

l\.irby

Sm!ith of Gilmer

Cureton

Lawrence

Smlith of Tattnall

Daniel

Littleton

Stovall

Dickson

Lori)

Stubbs of Putnam

Drawdy

Lovejoy

Stubbs of Thomas

Elder

Martin

Tarver

Ellison

Miller of Calhoun 'l'ippiu

English

Miller of Ware

Tracey

Ford

Milikin

'fuggle

}'ullbright

l\fJnter

rurner

Garlington

Mooro

'l'urnipseed

Gastley

Mosll

lip~ha.w

Gillis

Macintyre

Walters

SATURDAY, AuausT 6, 1910.

1281

Wllltkins White of Screven Whiteley

Wight of Grady
William' Woo(J

W!oodlil! Wright of Floyd

Those not voting were Messrs:

Alley Anderson of Bullock Bagley Baker Beach-am Brinson of Decatur Brown of Fulton Brown of Henry Cannon Carswell Carter ChandlerConverse Cowan Davis Edmondson Edwards Ellis Evans

Ji'aircloth

McArthur

Fender

McCarthy

Ji'ield of DeKalb

McCurry

l'ields of Crisp

Oliver

Orif:fi.n of Sumter Persons

Griffin of Twiggs Proctor

Hardman of .Jackson Reaves

Helms

Redding

Hendricks Eolder of Floyd

Reese
Rent a

Holtzclaw

Smith of Walton

.Johnson of .Te:ff Davis Strong

E. icklighter

Vin!!On

Lewi~

Waddell

Me.a.dows of Telfair Wasden

Meadows of Toombs Wohlwender

Middlebrooks

Wlright of Stewart

Mitchell

Mr. dpeaker

MacFarland

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

On the passage of the bill the ayes were 128, nays, 0.

The bill having received the requisite Constitutional majority was passed.

On motion of Mr. Anderson, of Chatham, House Bill No. 866 was tabled.

1282

JouRNAL oF THE HousE.

Mr. Barrett, of Stephens, moved to adjourn, which motion prevailed and the business for which the sessession was extended was taken up.
The following Senate bills were read the third time and put upon their passage :

By Mr. Slaton, of 35th district-
A bill to authorize County Commissioners in cer-
tain counties to condemn land for road purposes.
The favorable report of the Committee was litgreed to.
On the passage of the bill the ayes were. 98, nays, 0.
The .bill having received the requisite Constitutional majority was passed.

By Messrs. Alexander, Brown and McElreath-
A resolution to authorize the city of Atlanta to build certain viaducts over the right of way of the W. &A. R. R.
The following amendments were adopted, to-wit:
To amend by adding as follows: "Provided, That the plans and specification be first submitted to the Gov~rnor and approved by him. And . provided,

SATURDAY, AuousT 6, 1910.

1283

further, That this permission be void unless the power is exercised by commencing their work within 5 years from the approval of this bill.'' Also

To amend by adding the words "in writing" after word "consent."

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; Alexander, Brown and McElreath-
A resolution asking the State for the cession of a strip of land to widen Peachtree street.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 87; nays, 6.
The bill having failed to receive the requisite Constitutional majority was lost.

1284

JOURNAL OF THE HoUSE.

Leave of absence was grantedMr. Middlebrooks, sickness. Mr. Bagley, sickness. Mr. Hardman, of Jackson, sickness. Mr. Johnson, of Jeff.Davis, funeral of relative. M;r. Hendrick, of Tift, sickness.

The Speaker then announced the House adjourned until 9 o'clock Monday morning.

MoNDAY, AuGusT 8, 1910.

1285

ATLANTA, GEORGIA,

MoNDAY, August 8, 1910.

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 Cl~aplain.

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

Adams

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Calbeck

Alley

Cannon

Anderson of Bullock Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

.Atkinso!l

{Jonverse

Auli

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beach.am

Daniel

Bell

Davis

Berry

Dickson

Booker

Drawdy

Boya

Edmondson

Brinson of Decatur Edwards Brinson of E~Qi1nuel Elder

Brown of Carroll

Ellis

Brown of Fulton

Ellison

Brown of Hen.ry

English

Brown of MUl':my Evans

l'aircloth Fender Field of DeKalb Fields of Crisp }'ord
~'ullbright
Garlington Gastley Gillis Godley Graddick Griffin of Sumter (; riffin of Twiggs
Guyton Hall Hardeman of J eft's 'n Hardman of Jackson Harrington Harvey Hatfield Heard Helms Henderson of Irwin Henderson of Turner Hendricks Hill Holder of Floyd

1286

JouRNAL OF THE HousE.

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Simmons

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

Johnson of Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens

McMahan

Stubbs of Putnam

Jones of M!lriwether McMichael of Butts Stubbs of Thomas /

Jones of Mitchell

McMichael of Marion Tarver

Keith

McWhorter

Tippins

K'tllley

Oliver

Tracey

Kendrick

Parker of Decatur Tuggle

Kennedy

Park-er of Talbot

Turner

Kicklighter

Paulk

'l'urnipseed

Kidd

Peacock

Upshaw

Kirby

Persons

Vinson

Lawrence

Pickett

Waddell

Lewis

Pierce

Walters

Littleton

Pope

Wasden.

Lord

Porter

Watkins

Lovejoy

Prioo

White of Screven

Martin

Proctor

Whiteley

M1ladows of Telfair Reaves

Wlight of Grady

Meadows of Toombs Redding

Williams

Middlebrooks

Reese

'Vohlwender

Miller of Calhoun Reid of Campbell Wood

Miller of Ware

Reid Qf Macon

Woodliff

Milikin

Rentz

Wright of Floyd

Minter

Roberts

Wright of Stewart

Mitchell

Rogers

Mr. Speaker

Moore

Rosser

Moss

Sheppard

By unanimous consent the reading of the Journal
, of Saturday's proceedings was dispensed with.
Mr. McCrory, of Schley, gave notice that at the proper time he would move to reconsider the action of the House on House Bill No. 722.

MoNDAY, AuGusT 8, 1910.

1287

Mr. Reid, of Campbell, gave notice that at the proper time he would move to reconsider House Bill No. 792.
Mr. Anderson, of Chatham, moved that the House hold an afternoon session today from 3 p. m. to 6 o'clock p. m. to consider the order of business as prescribed by the Committee on Rules, which motion prevailed.
Mr. Butt, Chairman of the Committee on Corporations, ~ubmitted the following report:

Mr. Speaker:
Your Committee on Corporations has had under consideration the following House and Senate bills and instruct me, as their Chairman, to report the same back to the House with the following recommendations:
House Bill No. 1091-To amend charter of St. Marys, Camden county. Do pass.
Senate Bill No. 220-An Act to provide for the dissolution of corporations. Do pass.
BuTT, Chairman.

Mr. Stubbs, Chairman of the Committee on Enrollment, submitted the following report:

1288

JOURNAL OF THE HOUSE.

Mr. Speaker:
The Committee on Enrollment have examined and :find properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to-wit: No. 889, 958 and Resolution No. 177.
Respectfully submitted,
STUBBS, Chairman.

The following Senate bills were read the :first time,

to-wit:

'

By Mr. Day, of 41st districtA bill to create the City Court of Ellijay. Referred to Committee on Special Judiciary.

By Mr. Stevens, of 30th district-
A bill to require County Commissioners of certain counties to pay certain costs to Solieitors and other officers.
Referred to Committee on Special Judiciary.

By Mr. Slater, of 1st district"
A bill to amend Article 7, Section 3, Paragraph 1
of the Constitution.

MoNDAY, AuousT 8, 191(].

1289

Referred to Committee on Constitutional Amendments.
The following Senate bills were read the second time, to-wit:
I
By Mr. Slater, of 35th district-
A bill to provide fur dissolution of corporations.
The following Senate bill. was read the second time and recommitted, to-wit:

By Mr. Kemp, of 16th district-
A bill to incorporate the Lanier School District.
The following bills were read the third time and put upon their passage, to-wit:

By Mr. Godley, of Camden-
A bill to amend the charter of St. Marys.
The favorable report of the Committee was agreed to.
On the pas.sage of the bill the ayes were 120, nays, 0.
The bill having received the requisite Constitutional majority was passed.
'"

1290

"JouRNAL OF THE HousE.

By Mr. Pope, of Brooks-
A bill to create the City Court of Quitman.
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. Pope, of Brooks-
A bill to repeal an Act to create the City Court of
Quitman.
The favorable report of the Committee was agreed to.
On passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Baker, of Lumpkin; Bush, of Laurens; Lewis, of Hancock-
A resolution to pay C. B. Weatherly stenographer of the joint Committee on re-arrangement of Judidal Circuits.

MoNDAY, AuGUST 8, 1.910.

1291

The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes were 116, nays, 0.
The bill having received the requisite Constitutional majority was passed.
The following Senate bill was _read the third time and put upon its passage, to-wit:

By Mr. Kemp, of 16th district~
A bill to provide a two weeks session for the Superior Court of Emanuel county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 110, nays, 0.
The bill having received the requisite Constitutional majority was passed.
. Leave of absence w-as granted Mr. Johnson, of Towns, on account of his having a sick patient in the city that required his attention. The leave was granted until 1 o'clock p. m.
The folloWing message was received from the Senate through Mr. Northen, Secretary thereof:

1292

JouRNAL OF THE HousE.

Mr. Speaker:

The Senate has passed by substitute by a requisite Constitutional majority the following bill of the House, to-wit:
A bill to amend Section 671 of Volume 3 of the Code of 1895 relative to wrongful sale of mortgaged property.
The Senate has passed as amended by a requisite Constitutional majority the following bill of thEe' House, to-wit:
.A bill to establish the City Court of Madison in and for the county of Morgan.
~he Senate has passed by a requisite Constitutional majority the following bills of the House, towit:
A. bill to authorize the mayor and council of Ma-
rietta to order an election upon the question of issuing bonds for extending the sewerage system of Marietta.
A bill to repeal an Act creating the City Court of Fayetteville.
A bill to amend an Act to create the City Court of Calhoun county.

MoNDAY, AuGUST 8, 1910.

1293

A bill to amend the charter of the town of Riverdale.
A bill to amend an Act to create a new charter for the town of Willacoochee in the county of Coffee.
A bill to amend the general County Court .Act so far as it applies to the County Court of Charlton.
A bill to establish. the City Court of BarnesVille.
-A bill to repeal. an Act to create a County Court
in each county, so far as the same applies to Morgan county.
A bill to amend the charter of the city of Waynesboro.
A bill to incorporate the town of Mcintyre in the county of Wilkinson.
A bill to create a new judicial circuit to be known
as the Toombs Judicial Circuit; to provide for a judge and Solicitor-General thereof and for other purposes.
The following mes~age was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bills of the Senate, towit:

1294

JOURNAL OF THE HOUSE.

A bill to authorize the Board of School Commissioners of Fort Valley to ~ell the property in sa~d eity known as the Grady Institute lot.
A bill to prohibit the sale of near beer in the county of Coffee.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
The Senate has passed by a requisite Constitutional majority the following bill of the House, towit:
A bill to amend the charter of the city of Macon.
The Senate has passed as amended by a requisite Constitutional majority the following House bill, towit:
A bill to establish a new charter for the city of Albany.
The following bills set as the order of business by the Committee on Rules were read the third time and put upon their passage, to-wit:

By Mr. Wright, of Floyd-
A bill to require legislative counsel and legislative agents retained or employed on Commission by corporations or others to register with the Secretary of State, and for other purposes.

MoNDAY, AuausT S, 1910.

1295

The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 118, nays, 3.
The bill having received the requisite Constitutional majority was passed.
Mr. Lawrence, of Chatham, desired to enter his protest against the passage of the above bill and the Speaker directed that he be recorded as voting NO.
On motion of Mr. Wright the above bill was ordered immediately tr;;1nsmitted to the Senate.

By Messrs. Alexander, Brown and McElreath, of Fulton-
A bill to appropriate $35,000 to the Georgia School of Technology.
An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated as Chairman, Mr. White, of Screven
After a consideration of the bill the Committee arose and through its Chairman reported the same back with the recommendation that it do pass as amended

'

1296

JouRNAL OF THE HousE.

I
The following amendments recommended by the
Committee were adopted:

To amend by adding the following Section to be known as Section 3 and to immediately precede the repealing clause and to number remaining Sections accordingly: Sec. 3. Be it further enacted, That said appropriation shall not be available for the purpose aforesaid until plans and speci:ficatiops for the proposed building shall have been prepared and approved by the Governor and until there shall have been produced tc:> the Governor evidence satisfactory to him that there have been raised f~om private gifts or donation and actually expended upon the erection of such building a sum of at least $15,000.
Also
To amend by striking the word ''academic'' in line 6, Section 1 of said Act and substituting the word ''shop.''

The report of the Committee was 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 Atkinson

Alexander of Fulton AuU

Allen

Barksdale

Anderson of Bullock Bake~

Anderson of Chatham Barrett

Armistead

Booker

Atherton

Boyd

Brown of Carroll Brown of Fulton Brown of Henry Burch Butt Buxton Converse

MoNDAY1 AuGusT 8, 1910.

1297

Cordell Couch Culberson. Daniel Dickson Edwards Ellis English Faircloth Field of DeKalb Fullbright Garlington Godley Graddick Griffin of Sumter Griffin of Twiggs Guyton Hardeman of Je:ffs'n Hardman of Jackson Helms Henderson of Irwin Hill Huie Jones of Laurens .Jones of Meriwether

Jones of Mitchell Keith Kilby Lawrence Lewis Littleton Lovejoy .Martin :Meadows of Toombs Milikin Minter
Mos~
MacFarland :Macintyre McCarthy McCrory McCurry McCutchen McElreath McMahan McMichael of Butts McWhorter l'arker of Talbot Persons Pierce

Pope I'orter Reese Roberts Rosser Shirley Simmons Slade l:lmith of Gilmer Smith of Walton Stovall Strong. Stubbs of Thomas 'farver Tuggle Upshaw Vinson Watkins Wight of Grady vVilliams "'.ohlwender Woodliff Wright of Floyd

Those voting in the negative were Messrs.:

Adams Alley Bailey Bell Berry Brinson of Emanuel Brown of Murray Cannon Carter Chandler Childs Cooke Cowan D1awdy Elder

FJlison Fender Ford Gastley Gillis Hall Harrington Harvey Hatfield Heard Henderson of Turner Hendrick& Hubbard Hullender Johnson of Bartow

Johnson of Jeff Davis Joiner Kelley Kendrick Kennedy Kidd Lord Miller of Ware Mitchell Moore McConnell Oliver Parker of Decatur Paulk Proctor

1298

JouRNAL OF THE HousE.

Heaves Reid of Campbell Reid of Macon Rogen Sheppard

Simpson SlllJith of. Tattnall Tippins Tracey Turnipseed

Walters White of Sereven Whiteley Wood

Those not voting were Messrs.:

Bagley Beacham Brinson of Decatur Calbeck Carswell Cureton Davis Edmondson Evans Fields of Crisp Holder of Floyd

Floltzclaw

Prico

Howell

Redding

Johnson of Towns Renta

Kicklighter

Stubbs of Putnam

Meadows of Telfair Turner

Middlebrooks

Waddell

Miller of Calhoun Wasden

McArthur

\Thight of Stewart

McMichael of Marion M:r. Speaker

Peacock

Pickett

The roll call was verified and on counting the votes it was found that the ayes were 94, nays, 59.

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

On motion of Mr. McElreath the above bill was ordered immediately transmitted to the Senate.

By Mr. McMahan, of Clarke-
A bill to appropriate $5,000 to the rrrustees of University of Georgia for the purpose of equipping, etc., the Carnegie Library.
On motion of Mr..Heard, of Dooly, the above bill was tabled.

MoNDAY, AuausT 8, 1910.

1299

By Mr. Barrett, of Stephens-
A bill to appropriate $2,000 to the State Board of Health.
On motion of Mr. Heard, of Dooly, the bill was tabled.

By Messrs. Anderson, McCarthy and Lawrence, of Chatham-
A bill to invest county commissioners with the power to adopt regulations to protect public ways, roads and bridges from obstruction, drainage or misuse and to promote the safety and enjoyment of those using them, etc.
On the motion of Mr. Garlington, of Richmond, the bill was tabled.

By Mr. White, of Screven----;-
A bill to amend Section 5403 of the Code of 1895 fixing fees of Justices of the Peace.
The following amendment was adopted, to-wit:
To amend by striking all after the word ''follows'' in last line of Section 1 and substituting therefor the following: ''The following shall be the fees for Justices of the Peace and Notaries Public:

1300

JOURNAL OF THE. HOUSE.

For each original summons__________________$ .50
For each copy original summons_____________ .50
E'or affidavit and bond to obtain attachment and issuing attachment_ __ ~------------$1.70
For entering up judgment in each case________ .35
For trial of each case litigated_______________ .35 F or I.ssu.ing execub.on___.___________________ _ .50
For affidavi't to obtain promissory warrant and making up same__________________ 1.25
For trying same____________________________ 2.00

For making out interrogatories and certifying same ---------------------------- 1.25
For making out recognizance and returning same to court________________________ .50
For each subprena for witness_______________ .15
For each search warrant issued______________ 1.00
For e.ach affidavit when no cause pending_____ .35
For answering each writ of certiorari_ _______ 1.00 For presiding at each trial of forcible entry
and detainer ------------------------- 1.00

MoNDAY, AuGusT 8, 1910.

1301

For presiding at trial of right-of-way-------- 1.00 For issuing a rule to establish lost papers_____ .50 For trying same_________-___________________ .50 JJ,or presiding at trial of nuisance____________ 1.00 For wit~essing any papers__________________ .35 For affidavit and bond to obtain garnishment__ 1.00 For issuing summons of garnishment________ .50 For each additional summons________________ .25 For settling case before judgment____________ .35 For claim affidavit or bond or affidavit power__ .50 For trying claim cases______________________ .50
. For foreclosing mortgage___________________ 1.00 '
For certifying transcript____________________ .50 For entering appeal to Superior Court________ .50
For issuing each distress warrant_ ___________ 1.00 J.i,.or taking testimony in criminal cases______ 1.25 For issuing order to sell personal property____ .50

1302

JouRNAL OF THE HousE.

F'or each lien foreclosed _____________________ 1.00

F,or entering appeal to jury in justice court___ .50 For drawing jury and making out list________ .50

For each case tried by jury------------------ .50 F'or issuing commission to take interrogatories .50 For backing :fi fa. __________________________ ..: .35

For rules nisi against officer---------------- .50 For trying same____________________________ .50 For judgment of same______________________ .35
For attachment for contempt against officer___ .50
For issuing warrant to dispossess intruder or tenants holding over__________________ 1.75

Sec. 2. Repealing clause.
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 93, nays, 22.
The bill having received the requisite Constit-qtional majority was passed as amended.

MoNDAY, AuausT_ 8, 1910.

1303

By Mr. White, of Screven-
A bill to amend Section No. 5404 of the Code of 1895 fixing the fees of Constables.
The following amendment was adopted:
To amend by striking the figures '' 15 '' in line 24 of said bill and substituting figures "10." Also
To amend said bill by striking the figures $1.25 in line 37 and inserting figures $1.00.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 98, nays, 7.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Anderson, of Chatham-
A bill to amend an Act to annually levy and collect a tax for the support of the State Government relative to the tax levied on sale of near beer.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 108, nays, 4.

1304

JouRNAL oF THE HousE.

The bill having received the requisite Constitutional majority was passed.

By Messrs. Brown, McElreath and Alexander, of Fulton-
A resolution to pay the heirs of Sherman J. Sims for right-of-way taken by the Northeastern Railroad.
On motion of Mr. Porter, of Floyd, the resolution was tabled.

, By Mr. Tuggle, of Troup-
A bill to amend an Act to create a Prison Commission for the State of Georgia, and for other purposes.
On motion of Mr. Persons the above bill was tabled.
The following Senate bills were read the first time, to-wit :

By Mr. Ward, of 5th district-
A bill to make it unlawful to sell near beer, etc., in, Coffee county.
Referred to Committee on Temperance.

MoNDAY, AuousT 8, 1910.

1305

By Mr. Mathews, of 23d district-
A bill to empower the Board of School Commissioners of Fort Valley to .sell the property in said city known as Grady Institute lot, and for other purposes.
Referred to Committee on Education.
Mr. Reid, of Campbell, moved that the House reconsider its action in passing House Bill No. 792, which motion prevailed.
Mr. Alexander, of Fulton, moved that the House reconsider its actio~ in defeating House Resolution No: 240, which motion prevailed.
The following message was received .from the Senate through Mr. Northen, Secretary thereof:

]{r. Speaker:
The Senate has adopted the following joint resolution in which the concurrence of the House is respectfully asked, to-wit:
A resolution to pay Mrs. Catherine Murrny, widow of late Senator Murray, the sum of $200.00.
The following message was received from the Senate. through Mr. Northen, Secretary thereof:

1306

JouRNAL OF THE HousE.

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bill of the Senate, to. wit:
A bill to provide for the relief of prisoners in jail awaiting trial.
The next order of business is as follows, to-wit:

By Messrs. Kirby and Couch-

A resolution to pay pension due Mrs. Sarah Rigsby for 1908.

An appropriation being involved the Speaker resolved the House into the Committee of the whole and designated as Chairman, Mr. Evans, of Bibb.

After a consideration of the resolution the Com-
mittee arose and through its Chairman reported the same back ~ith the recommendation that it do pass.

The report of the Committee was agreed to.

On the passage of the resolution the ayes and nays were ordered and the vote was as foll.ows :

Thosll voting in the affirmative were Messrs.:

Adams

Allen

Armistead

Alexander of DeKalb Alley

Atherton

Alexander of Fulton Anderson of Chatham Ault

MoNDAY, AuGusT 8, 1910.

1307

Barksdale

Henderson of Irwin Peacock

Baker

Henderson of Turner Persoll8

Barrett

Holtzclaw

Pierce

Booker

Rowell

Pope

Brinson of Emanuel Hullender

Porter

Brown of Carroll Brown of Henry I

Huie

Price

Johnson of Bartow Proctor

Brown of Murray Joiner

Reaves

Burch

Jones of Laurens Hedding

Butt

Jones of Meriwether Reid of Campbell

Buxton

Kendrick

Roberts

Chandler

Kennedy

Sheppard

Childs

Kirby

Shirley

Converse

Littleton

Simmons

Cooke

Lord

Simpson

Cordell

Martin

Slade

Couch

Meadows of Toombs Smith of Gilmer

Cowan

}.filler of W-are

Smith of Tattnall

Culberson

Milikin

Stovall

Dickson

Minte1

'l'arver

Edwards

Mitchell

Tippins

English

Moore

'l'racey

Evans

Moss

Tuggle

Faircloth

Macintyre

'l'urnipseed

Ford

McConnell

Upshaw

Garlington

McCrory

Walters

Guyton

McCurry

"'atkins

Gastley

McCutchen

Whiteley

Griffin of Twiggs McElreath

Wight of Grady

Hardman of Jackson McMahan

Williams

Rarvey

McMichaelof Butts "\'Vohlwender

Hatfield

McWhorter

Woodliff

lieard

Parker of Decatur Wright of Floyd

Helms

Parker of Talbot

Those voting in the negative were Messrs.:

Cureton Drawdy Elder Ellison Fullbright

Graddick Hall Xeith Kelley Kidd

Lewis Miller of Calhoun Oliver Stubbs of Putnam Stubbs of Thomas

1308

JouRNAL OF THE HousE.

,._Phose not voting were Messrs. :

Anderson of Bulloch Fields of Crisp

McCarthy

Atkinson

Gillis

McMichael of Marion

Bagley

Godley

Paulk

Bailey

Griffin of Sumter Pickett

Beacham

Hardeman of J e1fs 'n Reese

Bell

Harrington

Reid of Macon

Berry

Hendricks

Rentz

Boyd

Hill

Rogers

Brinson of Decatur Holder of Floyd

Rosser

Brown of Fulton

1Jubbard

Smith of Walton

Calbeck

Johnson of Jeff Davis Strong

Cannon

Johnson of Towns Turner

Carswell

.Tones of Mitchell Vinson

Carter

Kicklighter

Waddell

Daniel

Lawrenca

Wasden

Davis

Lovejoy

White of Screven

Edmondson

Meadows of Telfair Wood

Ellis

Middlebrooks

Wright of Stewart

Fender

MacFarland

:M"r. Speaker

Field of DeKalb

:McArthur

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

On the passage of the resolution the ayes were 110, nays, 15.

The resolution having received the requisite 9on-

stitutional majority was passed.

.

Leave of absence was granted Mr. Littleton, on ac-

count of sickness.

Mr. Hall, of Bibb; moved to adjourn, which motion prevailed and the Speaker announced the House adjourned until 3 o'clock this afternoon.

MoNDAY, AuausT 8, 1910.

1309

3 o'clock p.m.
The House reconvened at this hour and was called to order by the Speaker.
By unanimous consent the roll call was dispensed with.
Mr. White, Chairman of the Committee on PensJOns, submitted the following report:
August 8th, 1910.
"Mr: Speaker:
The Committee on Pensions having had under consideration the following bills return the same with the following recommen?ations:
That House Resolution "No. 31Q-.....Do not pass.
That House Bill No. 832-Do not pass.
Respectfully submitted, WHITE, Chairman.
Mr. Persons, Chairman of the Committee on Pensions, submitted the following report:
Jfr. Speaker: Your Committee on Constitutional Amendments

1310

JouRNAL OF THE HousE.

has under consideration Senate Bill No. 287, increasing the borrowing power of the Governor from $200,000 to $300,000 and report the same back with the recommendation that it do pass.

August 8th, 1910.

PERSONs, Chairman.

Mr. Hardman, of Jackson, Chairman Of Committee on Temperance, submitted the following report:

lJ1r. Speaker:
Your Committee on Temperance 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 make unlawful the sale of near beer and similar beverages in Coffee county.
Respectfullly submitted,
L. G. HARDMAN, Chairman.

Mr: Fullbright, Chairman of Committee on Special Judiciary, submitted the following report:

Mr. Speaker: Your Committee on Special Judiciary has had

MoNDAY, AuGUST 8, 1910.

1311

under consideration the following Senate bills and instruct me, as their Chairman, to report them as follows:
Senate Bill No. 276---To pay officers cost of court in certain counties. Do pass.
Senat~ Bill No. 241-To establish the City Court of Ellijay. Do not pass.
Respectfully submitted,
FuLLBRIGHT, Chairman.

The following Senate bill was read the first time, to-wit:

By Mr. Harrell, of 12th district-

A bill for the relief of prisoners in jail awaiting trial.

Referred to Committee on Penitentiary.

The following bills,were taken up and the Senate

amendments agreed to, to-wit:



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

1?12

JouRNAL OF THE HousE.

By Mr. Atkinson, of MorganA bill to create the City Court of Madison.

By Mr. Kidd, of Baker-
A bill to require County Tax Collectors to keep a record in the form of a cash book in which they shall record all items of cash collected and paid out.

By Messrs. Fullbright and White-
A bill to prohibit pistol carrying except under certain conditions.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitution:al majority the following House bills, to-wit:
A bill to amend the charter of the town of Norcross.
A bill to authorize the county of Gwinnett to issue bonds.
A bill to incorporate the town of Oglethorpe in the county of M-acon.

MoNDAY, AuGusT 8, 1910.

1313

A bill to amend an Act to establish a public school system for the town of Louisville.
A bill to amend an Act regulating the time that railroad charters become dormant and providing how forfeitures may be prevented.
A bill to amend an Act to establish a system of public schools for the town of Louisville.
A bill to consolidate, amend and supersede the several Acts incorporating the town of Marshalville.
The House concurred in the Senate substitute as amended, to following House bill, to-wit:

By Mr. Vinson, of Baldwin-
A bill to provide for the establishing of certificates of stock of banks or private corporations in lieu of lost certificates.

The following bil1s were read the third time and put upon their passage, to-wit:

By Mr. Hardman, of Jackson-:-
A bill to extend the work of suppression of contagious diseases among live stock.
An appropriaiton being involved the Speaker re-

h-42

1314

JouRNAL OF THE HousE.

solved the House into the Committee of the whole and designated as Chairman, Mr. Roberts, of Dodge.
After a consideration of the bill the Committee arose and through its Chairman reported the same back.with the recommendation that it do pass.
The report of the Committee was agreed to.

On the passage of the bill the ayes and nays were ordered and the vote was as follow:s:

Those voting in the affirmative were Messrs.:

Alexander of DeKalb Edwards

Alexander of Fulton Faircloth

Allen Alley

Fender
Field ol' D~Kalb '

Anderson of Chatham Ford

Armistead

Garlington

Atherton

Gastley

Atkinson

Godley

Ault

Graddick

Barksdrue

Griffin of Sumter

Barrett

Griffin of Twiggs

rlooker

G nyton

Brinson of Emanuel Hardman of Jackson

Brown of Henry Harrington

Burch

Harvey

Butt

Hatfield

Buxton

Henderson of Irwin

Cannon

Henderson of Turner

Carter

Hill

Converse

Holtzclaw

Cooke

Huie

Cordell

Johnson of Towns

Culberson

Joiner

Dickson

Jones of Laurens

Drawdy

Jones of Meriwether

Keith Kendr;ck Kennedy Kidd Littleton Lord Lovejoy Mar.tin Meadows of Toombs Miller of Calhoun 1filikin Mitchell Moora Moss MacFarland Macintyre McCrory McCutchen McElreath McMahan McMichael of Marion McWhorter Oliver Parker of Decatur Paulk

MoNDAY, AuGUST 8, 1910.

1315

Peacock Persons Piilrce I 'ope I'orter Proctor Redding Reese Reid of Campbell Robilrts Sheppard

Shirley Simmons Slade Smith of Gilmer Smith of Tattnall Smith of Walton Stovall Strong Stubbs of Thomas Tarver 'l'ippins

Tracey 'l'urnipseed Upshaw Vinson Waddell Walters Watkins Wight of Grady Williams Wood

Those voting in the negative were Messrs. :

Adams Berry Brown of Carroll Chandler Childs Coucli Cowan Elder Ellis Ellison

English

Miller of Ware

Fullbright

Minter

Hall

McConnell

Heard

MeMichael of Butts

Hullender

Parker of ralbot

Johnson of Bartow Price

.Johnson of .Jeff Davis Reaves

Kelley

Rosser

Kirby

Stubbs of Putnam

Lewis

Whiteley

Those not voting were Messrs.:

Anderson of Bullock Bagley Bailey Baker Beacham Bell Boyd Brinson of Decatur
Brown of Fulton Brown of Murray Calbeck Carswell Cureton Daniel Davis Edmondson

Evans Fields of Crisp Gillis Hardeman of .Jeffs 'n Helms Hendricks Holder of Floyd Howell Hubbard Jones of Mitchell Kicklighter Lawrenca Meadows of Telfair Middlebrooks McArthur McCarthy

McCurry Pickett Reid of Macon Rentz Rogers Simpson Tuggle 'l'urner Wasden White of Screven Wohlwender Woodliff Wright of Floyd Wright of Stewart Mr. Speaker

1316

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 107, nays, 30.
The bill having received the requisite Constitutional majority was passed.

By Mr. Moss, of Cobb-
A bill to prevent the procuring of females for immoral purposes.
The substitute proposed was adopted. '
The report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 94, nays, 13.
The bill having received the requisite Constitutional majority was passed by substitute.
The following resolution was read, to-wit:

By Mr. Smith, of Gilmer-
A resolution to make Senate Bill No. 241 a special order for its second reading.
Referred to Committee on Rules.

MoNDAY, AuousT 8, 1910.

1317

The next order of business is as follows:

By Mr. McElreath, of Fulton-
A bill to regulate the itinerant vending of medicines, etc.
The substitute Wli;S agreed to.
The favorable report of the Committee was agreed to by substitute.
On the passage of the bill the ayes were 77, nays, 49.
The bill having failed to receive the requisite Constitutional majority was lost.
The next special orders are as following, Senate bills, to-wit:
By Messrs. Gordy, Harrell and W onible-
A bill to fix the salaries of Solicitors--General of the several circuits of the State of Georgia.
The unfavorable report of the Committee was disagreed to and the bill was read the second time.

By Mr. King, of 14th district-
A bill to authorize the State Librarian to furnish the various Acts of the General Assembly and Su-

1318

JOURNAL OF THE HoUSE.

preme and Appellate Court report to the various new counties.
On motion of Mr. Alexander, of DeKalb, the above bill,.ps tabled.

By Mr. Day, of 41st district-

A resolution for the relief of J. C. Powell, J. M.
Kincaid, A. J. Ballew, and A. _B~er;;:bf Fannin
county as sureties on the bail bond :of Poly Beaver.

The following amendment was adopted:



By Mr. Hall, of Bibb-

''

I

To amend by striking all between the word ''bail

bond'' down to the word ''provided.''

The favorable report of the Committee was agreed to as amended.

On the passage of the bill the ayes were 124, nays, 0.

The bill having received the requisite Constitutional majqrity was passed as amended.

By Mr. Harrell, of 12th district-
A bill to amend Section 377, Volume 3 of the Code which defines the crime of bigamy.

MoNDAY, AuGUST 8, 1910.

1319

The bill was tabled on motion of Mr. Ellis, of Bibb.

By Mr. King, of 14th district-
A bill to provide for the transfer of registered maps of municiP'alities when such municipalities have been located in a new county.
The favorable report of the Committee was agreed to.
On the P'ass-age of the bill the ayes were 89, nays, 9.
The bill having failed to receive the requisite Constitutional majority was lost.
Leave of absence was granted-
Mr. Miller, of Ware, on account of sickness.
Mr. Griffin, of Sumter, on account of sickness.
Mr: McConnell, funeral.

On motion of Mr. Peacock, of Pulaski, the House adjourned until 9 o'clock tomorrow morning.

.Jii
~\-

1320

JOURNAL OF THE HoUSE.

ATLANTA, GEORGIA,
TuESDAY, August 9, 1910.
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 were dispensed with.
By unanimous consent it was ordered that the House hold an afternoon session from 2 :30 to 5 o'clock.
Mr. Barrett, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary has had under consideration Senate Bill No. 115, and instructs me, as Chairman, to report the same back with the recommendation that the same do not pass.
FERMOR BARRETT, Chairman.
Mr. Johnson, of Bartow, Chairman of Committee on General Agriculture, submitted the following report:

TuESDAY, AuGusT 9, 1910.

1321

Mr. Speaker:
Your Committee on General Agriculture have had under consideration Senate Bill No. 236, relative to titled an Act to provide for regulation of inspection and grading of grain and hay and for other purposes, and have instructed me, as their Chairman, to report same back with rec_ommendation that it do not pass.
JOHNSON, of Bartow, Chairman.

Mr. Garlington, Chairman of Committee on Game and Fish submitted the following report.

Mr. Speaker:
Your Committee on Fish and Game having had under consideration Senate Bill No. 236, relative to :fishways beg leave to report the same favorably as amended.
GARLINGTON, Chairman

Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
Your Corporation Committee has had under consideration the following Senate Bill and instruct me

1322

JouRNAL OF THE HousE.

as their Chairman to report the same back with the foJ}owing recommendation:
Senate Biil No. 284, to amend Act incorporating the town of Hartwell, Hart county. Do pass as amended.
BuTT, Chairman,

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

Mr. Speaker:
Your Committee on General Judiciary has had under eonsideration the following bill of the Senate and instructed me as their C~airman to report same back to the House with the recommendation that same do pass, to-wit:
A bill to provide for liability of husband for torts of wife.
A bill to make it unlawful for any person or corporation to publish the names of certain females in any publication in this State.
A bill to make the wife a competent witness in cases of seduction.
Respectfully submitted,
J os. H. HALL, Chairma~

MoNDAY, AuGusT 8, 1910.

1323

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

Mr. 8 peaker:
The Senate has passed, as amended by a requisite Constitutional majority the following bills of the House, to-wit:
A bill to incorporate the town of East End in the county of DeKalb.
A bill to provide a new charter for the town of East Lake in the county of DeKalb.
A bill to provide for municipal elections to determine the question of Local Taxation for Public Schools.
A bill to regulate the running of Automobiles and etc. on the highways of this State.
The Senate has passed by a requisite Constitutional majority the following bills of the House, to-wit:
A bill to require County Commissioners of Lowndes county to work the Pnblic Roads of incorporated municipalities.
A bill to amend an Act to prescribe the duties and
powers of the Commissioners of Roads and Revenues for Ben Hill county.

1324

JOURNAL OF THE HOUSE.

A bill to authorize the County Physician in counties having a city therein of not less than 54,000 nor more than 85,000 inhabitants to employ a nurse for the county jail hospital.
A bill to provide for fixing a salary for the County Treasurer of Heard county.
A bill to create a Board of County Commissioners for Irwin county.
A bill to incorporate the town of Dearing m McDuffie county.
A bill to fix the salary of the County Treasurer of Murray county.
A bill to create a new charter for the City of Dublin.
Mr. Stubbs, Chairman of the Enrollment Committee submitted the following report:

Mr. Speaker:
The Committee on Enrollment has examined and found properly enrolled, duly signed and ready for delivery to the Governor, the following Acts Nos. 495, 1024.
Respectfully submitted, STUBBS, Chairman.

TuESDAY, AuGUST 9, 1910.

1325

The following Senate Bills were read the second time, .to-wit :

By Mr. Stevens, of 30th district-
A bill to require County Authorities in certain counties to pay costs in criminal_ cases to Solicitors and other officers of Superior Court.

By Mr. Ward, of 5th district-
A bill to make unlawful the sale of near beer in Coffee county.

By Mr. Harrell, of 12th district-
A bill to make the wife a competent witness in rases of seduction.

By Mr. Slater, of 1st district-
A bill to amend Article 7, Section 3, Paragraph 1, of the Constitution.

By Mr. MeCurry, of 31st district-
A bill to amen.d an Act to incorporate the town of Hartwell.

1326

JouRNAL oF THE RousE.

By Mr. Callaway, of lOth district-

A bill to provide for fishways over dams for passage of fish.

By Mr. Sellers, of 3rd district-
A bill to make it unlawful to publish the name of a women upon whom the crime of rape has been committed.

By Mr. Slaton, of 35th district-
A bill to provide for liability of husband for torts of wife.
The following bills were taken up and the Senate amendments concurred in, to-wit:

By Messrs. Brinson and Parker, of Decatur-
A bill to amend Section 671, Volume 3, of the Code of 1895, relative to the wrongful sale of mortgaged property and for other purposes.
The Senate substitute to the above bill was concurred in.
By unanimous consent Senate Bill No. 94. was taken from the table and placed on the calendar.

MoNDAY, AuausT 8, 1910.

1327

By unanimous consent Senate Bills Nos. 166, 167, were tabled.
The following Senate Bills were read. the third time and put upon their passage, to-wit:

By Mr. King, of 14th district-
A.bill to authorize the State Librarian to furnish the various Acts of the General Assembly and all Supreme and Appellate Court reports to the various new counties.
The following amendments were adopted, to-wit:
To amend by inserting after word "furnish" in line 1, of paragraph 1, the words ''as for as avail- , able for such distribution,'' in line 6, paragraph 2, after word "date," the words "that are available for such distribution," and in line 8, of same paragraph after word "counties," the words "and are . available for such distribution.'' Also
To ammend by adding to end of Section 1, the following, "provided that the State Librarian shall not be required to furnish under this resolution any copies of the Acts of the L~gislature of earlier date than 1851.
The report of the Committee was agreed to as amended.

1328

JOURNAL OF THE HousE.

On the passage of the bill the ayes were 118; nays 4.
The bill having received the requisite Constitutional majority was passed as amended.

By Mr. Gordy, of 24th district-

A bill to change the time of holding the Superior

Court of Marion county.



The favorable report of the Committee was agreed to.

On the passage of the bill the ayes were 119 ; nays 0.

The bill having received the requisite Constitutional majority was passed.

By Mr. Harrell, of 12th district-
A bill to prohibit the shooting at, toward, or into any Qccupied dwelling house with gun or pistol etc., and for other purposes.
The following amendment was adopted:
By Mr. Barrett, of Stephens-
To amend caption and Section 1, by striking from both the words ''of another'' and inserting the words ''or under other circumstances justifiable.''

TuESDAY, AuausT 9, 1910.

1329

The favorable report of the Committee was agreed to as amended.
On the passage of the hill the ayes were 97; nays 0.,
The bill having received the requisite Constitutional majority was passed as amended.
By unanimous consent Senate Bill 216, was tabled.

By Mr. Mays, of 26th district-

A bill to amend an Act to authorize electric street, suburban and inter-urban railroad companies to acquire by purchase, lease, consolidation or merger the stock, property, rights and franchises of other such companies, and of ~ompanies formed to generate electricity, etc.

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

On the passage of the bill the ayes and nays were ordered and the vote was as follows :

ThQse voting in the affirmative were Messrs.:

Adams

Armistead

Alexander of Fulton AuH

Allen

Barksdale

Alley

Bailey

Anderson of Bullock Bakel

Anderson of Chatham Bell

Berry Booker Boyd Brown of l!,ulton Brown of Henry Butt

1330

JouRNAL OF THE HousE.

Buxton Calbeck Carswell Cart&r Childs Converso Daniel Davis Dickson Drawdy Ellis }'ields of Crisp Fullbright Garlington Gastl"ey Gillis Graddick Griffin of Sumter Griffin of Twiggs F ardeman of Jeffs 'n Heard Henderson of Irwin Henderson of Turner Hill Holder of Floyd Holtzclaw Hullender Huie

.Tohnson of Jeff Davis Paulk

Joiner

Peacock

.Jones of Meriwether PerSons

Jones of Mitchell

Pickett

Kelley

Pierce

Kendrick

Porte~

Lawrence

Proctor

Lewis

Redding

Lord

Reid of Campbell

Lovejoy

Uobertt

Miller of Calhoun Rosser

Milikin

Simmon~

Minter

Simpson

Mitchell

Slade

Moore

Smith of Gilmer

MacFarland

Tarver

Macintyre

'l'ippins

McArthur

'J'uggle

McCarthy

'furner

McCrory

Turnipseed

McCurry

UJ)shaw

McCutchen

Watkins

McElreath

\Vhite of Screven

McMahan

Whiteley

McMichael of Butts Wight of Grady

llfcMichael of Marion William~

McWhorter

Wohlwender

Parker of Talbot

Woodlifl

'J..lhose voting in the negative were Messrs.:

Alexander of .DeKalb Elder

Atkinson

Ellison

Brinson of Emanuel English

Brown of Ca.rroll

Field of DeKalb

Chandler

Ford

Cooke

Guyton

Cordell

Hall

Couch

Hardman of Jackson

Culberson

Harrington

Cureton

Harvey

Edwards

Hatfield

Helms Hendricks .Johnson of Bartow Johnson of Towns Jones of Laurens Kennedy Kidd Kirby Oliver Parker of Decatur Price

MoNDAY, AuGusT 8, 1910.

1331

ReeseRogera Sheppard Shirley

Smith of Tattnall Stovall Stubbs of Thomas Tracey

Walters \Vood Wright of Floyd

Those not voting were Messrs. :

Atherton Bagley Barrett Beacham Brinson of Decatur Brown of Murmy Burch Cannon Cowan Edmondson Evans Faircloth Fender

Godley Howell Hubbard Keith Kicklighter Littleton Martin Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Ware Moss McConnell

Pope Reaves Reid of Macon Rent:a Smith of Walton Strong Stubbs of Putnam Vinson Waddell Wasden Wll'ight of Stewart :Mt. Speaker

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

On the passage of the bill the ayes were 102; nays 44.

The bill having received the requisite Constitutional majority was .passed.
The following resolutions were read and adopted, to-wit:

By Mr. Stubbs, of Thomas-

A resolution providing for the bringing up of the unfinished business of the General Assembly for 1910.

] 332

JOURNAL OF THE HOUSE.

On the adoption of the above resolution the ayes were 120; nays 0.

By Mr. Edwards, of Walton-
A resolution to expedite the publication of the Acts of the General Assembly.'

By Messrs. MeWilliams, of 34th district; Price, of 27th district-
A bill to amend an Act to establish a State Board of Embalmers, to provide for the better protection of life and health and prevent the spread of contagious diseases.
The above bill was tabled.

By Mr. Mathews, of 23rd district-
A bill to provide for the proper protection <?f Sinking Funds of Municipal Corporations and for other purposes.
.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 119; nays 17.
The bill having received the requisite Constitutional majority was passed.

TuESDAY, AuGUST 9, 1910.

1333

By Mr. Harrell, of 12th district- .

A bill to amend Section 377, Volume 3, of the Code which defines the erime of bigamy.
The following amendment was adopted:

By Mr. Anderson, of Chatham-
To amend by striking the word "twenty" and substituting the word ''ten'' wherever the same appears as the maximum term of imprisonment.
The favorable report of the Committee was agreed to as amended.
On the passage of the bill the ayes were 105; nays 9.
The bill having received the requisite Constitutional majority was passed as amended.
The following Senate Resolutions were read and adopted, to-wit:
By Mr. Mathews, of 23rd district-
A resolution to pay Mrs. Catherine Murray, widow of late Senator Murray $200.

1334

JouRNAL OF THE HousE.

By Mr. Harrell, of 12th district-
A resolution approving the idea of a World's Panama Exposition at New Orleans.
The next Senate Bills for third reading are as follows:
By Messrs. Callaway, of lOth district, Callaway, of' 29th district-
A bill for the protection of Game Animals and Game Birds.
On motion of Mr. Sheppard the above bill was tabled.

By Mr. McCurry, of 31st district-
A. bill to make it unlawful to obtain food or lodging etc., with intent to defraud.
The above bill was tabled on motion of Mr. Lovejoy.
On motion of Mr. Wohlwender, Senate Bill No.7, was taken from the table and put upon its passage, the bill is as follows:

By Messrs. Callaway, of lOth district, Callaway, of 29th district-
A bill to protect game animals and game birds.

MoNDAY, AuousT 8, 1910.

1335

On motion of Mr. Sheppard, of Sumter the above bill was tabled.
The next Senate Bills for a third reading were as follows:

By Mr. Perry, of 33rd district-
A bill to amend an Act providing for the collection of past due taxes of the State, counties and municipalities and for other purposes.
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. Price, of 27th district-
A bill to create the office of State Veterinarian, prescribing his duties, fixing his salary and for other purposes.
The favorable report of the Committee was Rgreed to.
On the passage of the bill the ayes were 99 ; nays20.

1336

JouRNAL OF THE HousE.

The bill having received the requisite Constitutional majority was passe4.
The following bill was taken up for the purpose of agreeing to the Senate amendments, to-wit:

By Messrs. Vinson of Baldwin, Anderson, of Bullock, Persons, of Monroe, Barksdale, of Wilkes-

A bill to fix the salaries of the Judges of the Court o~ Appeals and for other purposes.
The Senate proposed to amend by striking all after the caption and inserting in lieu the following: "Be it enacted that the salaries to be paid hereafter to the present Judges of the Court of Appeals and their successors in office are hereby fixed and shall be payable at the rate of $5,000 per annum.''

On the adoption of the amendment the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander of Fulton Allen Alley Anderson of Bullock Anderson of Chatham
Atkinson Barksdale Bailey Barrett Booker Boyd

Brown of Carrol Brown of Fulton Butt Carswell ConversP Davis Ellis Fender Field of DeKalb Fields of Crisp Fullbright

Garlington Gillis Graddick Griffin of Twiggs Guyton Hall Hardeman of Jeffs 'n Helms Henderson of Irwin Holtzclaw Jones of Mitchell

TuESDAY, AuGusT 9, 1910.

1337

Lawrence Lovejoy Martin Miller of Calhoun Minter Mitchell Moss MacFarland Macintyre McArthur McCarthy McCrory McCurry McElreath McMichael of Butts

McMichael of Marion Slade

Parker of Talbot

Smith of Gilmer

Peacock

Smith of Walton

Pic~ett

Strong

Pierce

Stubbs of Putnam

Pope

'fuggle

F'orter

'furnipseed

Redding

Vinson

Reese

Wbite of Screven

Reid of Campbell William1

Roberts

w~hlwender

Rogers

Wood

Rosser

Wright of Floyd

Simpson

Simmons

Those voting in the negative were Messrs.:

Adams

Elder

Kelley

Alexander of DeKalb Ellison

Kendrick

ArmisttJad

English

Kennedy

Atherton

Evans

Kidd

AuU

Ford

Kirby

Baker

Gastley

Lord

Bell

Godley

Milikin

Berry

f.rif:fin of Sumter

Moore

Brinson of Emanuel Hardman of Jackson McCutchen

.Brown of Henry

Harvey

McMahan

Calbeck

Hatfield

McWhorter

Cannon

Heard

Oliver

Carter

Henderson of Turner Parker of Decatur

Chandler

Hill

Paulk

Childs

Hubbard

Price

Cooke

Hullender

Proctor

Cordell

Johnson of Bartow Reaves

Couch

Johnson of Jeff Davis Sheppard

Cowan

Johnson of Towns Shirley

Culberson

Joiner

Smith of Tattnall

Dickson

Jones of Laurens

Stovall

Drawdy

Jones of Meriwether Stubbs of Thomas

Edwards

Keith

Tarver

1338

JouRNAL oF THE HousE.

Tippin1 Tracey Upshaw

Waddell Walters Watkins

Whiteley Wight of Grady

Those not voting were Messrs. :

Bagley Beacham Brinson of Decatur Brown of Murray Burch Bu:xto:r. Cureton Daniel Edmondson Faircloth Harrington

. Hendricks
Holder of Floyd Howell Huie Kicklighter Lewis Littleton Meadows of Telfair Meadows of Toombs Middlebrooks Miller of Ware

McConnell Persons Reid of Macon Rent:& 'l'urner Wasden Woodliff wright of Stowart }fr. Speaker

The -roll call was verified and on counting the votes it was found that the ayes were 76; nays 77. The motion to agree was therefore lost and the Senate amendment was non-concurred in.

Leave of absence was granted:

Mr. Adams, of Hall.

The Speaker then announced the House adjourned until 2:30 o'clock this afternoon.

2:30 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.

MoNDAY, AuGusT 8, 1910.

1339

Mr. Fullbright, Chairman of Special Judiciary Committee submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has ,instructed me to report the following bills without recommendation:
House Bills Nos. 118, 150, 244, 291, 307, 400, 301, 457, 479, 527, 255, 665, 666, 888, 1026, 11, 12 and 13.
House Resolution No. 91.
Senate Bills Nos. 82 and 184.
Respectfully submitted,
H. J. FuLLBRIGHT, Chairman. August 9, 1910.

Mr. McMichael, Chairman of the Committee on Education submitted the following report:

Mr. Speaker:
Your.Committee on Education has had under consideration the following bills and instruct me to report as follows :

1340

JOURNAL OF THE HoUSE,

Senate Bill No. 270. Do pass. Senate Bill No: 232. Do pass.
&spectfully submitted, McMICHAEL, Chairman.

The following message was received from the Senate through Mr. Northen, Secretary 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 prevent the removal of personal property from this State, held under conditional purchase of sales.
A bill to amend Section 574, Volume 1, of the Code of 1895.
A bill to provide for successiOn to the office of
Governor of Georgia.
The following Senate Bill was read the second time, to-wit :

TuESDAY, AuGUST 9, 1910.

1341

By Mr. Mathews, of 23rd district-
A bill to authorize and empower the Board oi School Commissioners of Fort Valley to sell certain property.
The House concurred in the Senate amendments to the following bills, to-wit:

By Mr. Alexander, of DeKalb-
A bill to create a new charter for the town of East Lake.

By Mr. McMichael, of Marion-
A bill to provide for Municipal Elections to determine the question of local taxation for Public Schools.

By Messrs. Tippins, Boyd, Macintyre and McMichael-
A bill to regulate the running of Automobiles on highways of the State.

By Messrs. Alexander and Fields, of DeKalbA bill to incorporate the town of East End.

1342

JOURNAL OF THE HoUSE.

By Mr. Alexander, of DeKalb-
A resolution providing for the appointment of a Commission by the Governor to consider and report upon a revision of the Judicial System of the State.
The following Committee amendments were adopted:
To amend by substituting "1911" f{)r "1910" in Section 1, Line 5.
To amend by striking. Sections 2 and 3, and re-number remaining Sections.
To amend by inserting the words "inaddition to the members appointed by the Governor" after word "that" in Line 1, Section 4; also by inserting word "ex-officio" after words "members" in Line 2, Section 4, and by substituting word " Commission" for word "Committee" in Line 3, Section 4.
The favorable report of the Committee was . agreedto as amended.
On the passage of the bill the ayes were 60 ; nays 45.
The resolution was therefore passed.
The following resolutions were read and put upon their passage, to-wit:

MoNDAY, AuGusT 8, 1910.

1343

By Messrs. McElreath, Brown and Alexander, of Fulton-
A resolution for the widening of Peachtree Street.
The favorable report . of the Committee was agreed to.
On the passage of the resolution the ayes were 101; nays 13.
The resolution was therefore passed.
Senate Bill No. 42, was taken from the table and placed Qn the calendar.

By Mr. Alexander, of DeKalb-
A resolution to authorize the Governor to accept lands at Tallulah River.
The favorable report of the Committee was agreed to.
On the passage of the resolution the ayes were 70; nays 0.
The resolution was therefore lost.
200 copies of Senate Bill No. 133 were ordered
~rinted.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

1344

JouRNAL OF THE HousE.

Mr. Speaker:
The Senate bas adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit :
A resolution requesting the Comptroller-General to furnish the next General Assembly information as to whether 8. M. Douthit, Tax Collector of Fannin county m 1879-1880, over paid his account to the State.
The following Senate Bills were read the third time, to-wit:

By Mr. Irwin, of 11th district-
A bill to require Ordinaries and County Commis'sioners to pay costs of Officers of Court.
The above bill was tabled.

By Messrs. Gordy, Harrell, and Womble-
A bill to fix the salary of the Solicitors General in the several circuits of this State.
The previous question was called and the main question ordered.
On motion of Mr. Sheppard the House re-considered its action in ordering the main question.

TuESDAY, AuGusT 9, 1910.

1345

The following amendment was read: By Mr. Lovejoy, -of Troup-

To amend by striking Section 3, and inserting the following Section 3;. Be it further enacted that it shall be the duty of the Clerk -of the several Courts to collect all inonies arising from fines, costs and forfeitures now received by the Solicitor General and within thirty days after adjornment of each term of Court shall pay over to the State Treasurer all monies so collected. The State Treasurer shall out of said fines, costs and forfeitures arising from each Circuit pay to the Solicitor General of such Circuit the sum of Three Thousand Dollars and any surplus over such amount shall be repaid by the State Treasurer to the respective C-ounty Treasurers of such Circuit. Said surplus to be prorated in proportion to the amount paid in by each county in such Circuit. The said Clerks shall make to each term of his Court an itemized report of statement of all monies collected and remitted by him; said statement to be approved by the Judge of said Court if correct.

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 Alley

Alexander of ~lton Atherton

Allen

AtkinBOil

Barksdale Baker Bell

1346

JouRNAL oF THE HousE.

Booker Boyd Brinson of Emanuel Brown of Fulton Brown of Henry Brown of Murray Calbeck Cannon Chandler Childs Converse Cordell Couch Cowan Culberson Daniel Davis
Dickson Drawdy Edwards Elder Ellis Ellison English Evans Faircloth Field of DeKalb Fields of Crisp Ford Gastley Gillis Graddick Griffin of Twiggs Hall Hardman of Jackson Harrington Harvey Hatfield

Henderson of Irwin Pierce

Ifenderson of Turner Price

HP-ndricks

Proctor

Hill

Redding

Hubbard

Reid of Macon

Hullender

Roger11

Huio

Rosser

Johnson of Bartow Sheppard

Johnson of Jeff Davis Shirley

Johnson of Towns Simmons

Joiner

Slade

Jones of Laurens

Smith of Gilmer

Kendrick

Smith of Tattnall

Kennedy

Smith of Walton

Kirby

Stovall

Lord

Stubbs of Putnam

Lovejoy

Stubbs of Thomas

Martin

Tarver

Milikin

Tippins

Minter

'fracey

Mitchell

Tuggle

:Moore

'furner

Moss

Turnipseed

MacFarland

Upshaw

Macintyre

Vinson

McConnell

Waddell

McCrory

Walters

McCurry

Watkins

McCutchen

White of Screven

McMahan

Whiteley

McMichael of Butts Wight of Grady

McMichael of Marion Williamll

McWhorter

Wohlwender

Par~er of Decatur Wood

Parker of Talbot

W.oodlif!

Paulk

Wright of Floyd

Peacock

Persons

Those voting in the negative were Messrs.:

J\,rmistead 'Ault
Brown of Carrol

Burch Butt Buxton

Carswell Carter Cooke

TuEsDAY, AuousT 9, 1910.

1347

Fullbright Garlington GodJ.ey" Guyton Hardeman of J eft's 'n Holtzclaw Keith

Kidd Lawrence Lewis "McCarthy McElreath Oliver Pickett

Pope l'orter Reaves Reese Roberts

Those not voting were Messrs. :

Adams

Griffin of Sumter

of Anderson Bullock Heard

Anderson of Chatham Helms

Bagley

Holder of Floyd

Bailey

Howell

Barrett

Jones. of Meriwether

Beacham

Jones of Mitchell

Berry

Kelley

Brinson of Decatur Kicklighter

Cureton

Littleton

Eilmondson

Meadows of Telfair

Fender

Meadows of Toombs

Middlebrooks -Miller of Calhoun Miller of Ware McArthur Reid of Campbell Rentz Simpson Strong Wasden Wright of Stewart Mr. Speaker

The r?lr call was verified and on counting the votes cast it was found that the ayes were 121; nays 28..

The bill having received the requisite Constitutional majority, also two thirds of the members voting, the same was passed as amended.

The following resolution was read and adopted:

By Messrs. McArthur, Peacock, Persons and Wright-
A resolution memorializing Congress to establish the Appalachian Reserve.

J 348

JOURNAL OF THE HoUSE.

The following resolution was read, to-wit: By Mr. Hardman, of Jackson-
A resolution for relief of W. H. Dillinger. Lie on table 1 day.

The Speaker then announced the House adjourned until 9 o'clock tomorrow morning.

WEDNESDAY~ AUGUST 10, 1910.

1349

ATLANTA, GA.

Wednesday, August 10, 1910.

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

Burch

Alexander of DeKalb Butt

Alexander of Fulton Buxton

Allen

Cal beck

Alley

Cannon

Anderson of Bulloch Carswell

Anderson of Chatham Carter

Armistead

Chandler

Atherton

Childs

Atkinson

Converse

Ault

Cooke

Barksdale

Cordell

Bagley

Couch

Bailey

Cowan

Baker

Culberson

Barrett

Cureton

Beacham

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

Brown of Murray 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 Holder of Floyd

1350

JouRNAL OF THE HousE.

Holtzclaw

MacFarland

Shirley

Howell

Macintyre

Simmons

Hubbard

McArthur

Simpson

Hullender

McCarthy

Slade

Huie

McConnell

Smith of Gilmer

Johnson of Bartow McCrory

Smith of Tattnall

Johnson of Jeff Davis McCurry

Smith of Walton

Johnson of Towns McCutchen

Stovall

Joiner

McElreath

Strong

Jones of Laurens McMahan

Stubbs of Putnam

Jones of Meriwether McMichaelof Butts Stubbs of Thomas

Jones of Mitchell McMichael of Marion Tarver

Keith

McWhorter

Tippins

Kelley

Oliver

'l'racey

Kendrick

Parker of Decatur Tuggle

Kennedy

Parker of Talbot

Turner

Kicklighter

Paulk

Turnipseed

Kidd

Peacock

Upshaw

Kirby

Persons

Vinson

Lawrence

Pickett

Waddell

Lewis

Pierce

Walters

Littleton

Pope

Wasden

Lord

Porter

"'atkins

Lovejoy

Price

White of Screven

Martin

Proctor

Whiteley

Meadows of Telfair Reaves

Wight of Grady

Meadows of Toombs Redding

Williams

Middlebrooks

Reese

Wohlwender

Miller of Calhoun Reid of Campbell Wood

Miller of Ware

Reid of Macon

Woodliff

Milikin

Rentz

Wright of Floyd

Minter

Roberts

Wright of Stewart

Mitchell

Rogers

Mr. Speaker

Moore

Rosser

Moss

Sheppard

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

The following resolutions were read and adopted, to-wit:

WEDNESDAY, AUGUST 10, 1910.

1351

By Mr: Anderson, of Chatham-
A resolution to notify the Senate that at 6 o'clock this afternoon the House would be ready to adjourn sine die.
By Mr. Tuggle, of Troup~
A resolution expressing the sympathy of the House with MaY'or Wm. Gaynor of New York City, in the brutal assault made upon him and hoping for his speedy recovery..
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr Speaker:
Tlie Senate has passed by a requisite Constitutional majority the following Bills of the House, to-wit:
A bill for the protection of persons furnishing materials and labor for construction of Public Works.
A bill to amend the charter of the city of Hapeville.
A bill to cede lan9-s in the county of Walker to the U. S. Governm~nt for government roads.
A bill to regulate the sanitary conditions of Hotels, Lodging Houses, etc.

1352

JouRNAL OF THE HousE.

A bill to provide for qualifications of managers of election in towns and cities of this State.
A bill to amend an Act to provide for the creation of local tax district Schools.
A bill to adopt the code of Laws prepared by John L. Hopkins.
A bill to amend Section 2388 of the Civil Code of \,_
Georgia.
A bill to amend Section 194, Volume 3, of the Code of 1895.
A bill to amend an Act to authorize the publication of certain Georgia reports.
The Senate has passed the following resolq,tions of the House, to-wit:
A resolution to purchase certain Georgia Reports from the Michie Co., of Charlottesville, Va.
A resolution to authorize the State Librarian to furnish reports to certain City Courts.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker: The Senate has passed as .amended by a requisite

\\>TEDNESDAY, AuousT 10, 1910.

1353

Constitutional majority the following ~ill of the House, to-wit:
A bill to amend an Act creating a Public School System for Marietta, Cobb county, etc.
The following wessage was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite Constitutional majority the following resolutions of the House, to-wit:
A resolution to pay C. B. Weatherly, Stenographer of the joint House and Senate on re-arrangement of Judicial Circuits.
A resolution to make appropreation to meet the deficiency in the Printing Fund.
A resolution to refund J. C. Rogers $210.00 on bond of Eddie Harris.
The following message was 'received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate insists upon its amendment to the following Bill of the House, to-wit:

1354

JOURNAL OF THE HousE.

A bill to fix the salaries of the Judges of the Court of Appeals.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following bill of the House, to-wit:
A bill to appropriate $35,000 to the Trustees of the University of Georgia for use of State School of Technology.
The' following message was received from the Senate through Mr. Northen~ Secretary thereof:

Mr. Speaker:
The Senate has passed by substitute by a requisite Constitutional majority the following bill of the House, to-wit:
A bill to appropriate $50.00 to pay for water furnished the House during the session of 1910.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

WEDNESDAY, AuausT 10, 1910.

1355

iWr.. 8peaker:
The Senate has passed as amended by a requisite Constitutional majority the following bill of the House, to-wit:
A bill to amend the charter of the city of LaFayette.
Mr. Stubbs, of Thomas, Chairman of the Enrollment Committee submitted the following report:

Mr. 8 peaker:
The Committee on Enrollment have examined and f()und properly enrolled, duly signed and ready for delivery the following Acts1 to-wit:
Nos.495, 942,911,701,978,909,840,904,992,995, 943, 959, 1000, 718, 996, 629, 461, 1034, 977, and 940.
Also
House Resolutions Nos. 30, 151, 226, and 649.
The following bills were taken up and the Senate amendments concurred in, to-wit:

By Mes$rS. Brinson and Parker, of Decatur-
A bill to prevent the removal of personal property from the State held under a conditional purchase of sale and for other purposes.

1356

JOURNAL OF THE HousE.

By Messrs. Faircloth, of Johnson, Lewis of Hancock-'-'
A bill to amend Section 574, Volume 1, of the Code of 1895, designating who are subject to road duty.
The following bill was taken up and the Senate amendments disagreed to, to-wit:

By Mr. Hall, of Bibb-
:A bill to provide for succession of the Governor of this State.
The following Senate Bills were read the third time mid put upon their passage? to-wit:

By Mr. Kemp, of 16th district-
A bill to incorporate the Lanier School District.
The favorable report of the Committee .was agreed to.
On the passage of the bill the ayes were 23; nays 77.
The bill having failed to receive the requisite Constitutional majority was lost.

WEDNESDAY, AUGUST 10, 1910.

1357

By Mr. Mathews, of 23rd district-

A bill to authorize the Board of School Commissioners of Fort Valley to sell certain property.
The favorable report of the Committee was agreed to.
On the pas-sage of the bill the ayes were 108; nays 0.
The bill having received the requisite Constitutional majority was passed.
House Bill No. 284, was tabled by unanimous consent.
,
By Messrs. Mathews, of 23rd district; Akin, of 4th district-
A bill to provide for State and County Boards of rrax Returns and for other purposes.
Mr. Adams, of Hall moved that the bill be indefinitely postponed.
The previous question was called and the mam question ordered.

On the motion to indefinitely postpone, the ayes and nays were ordered and the vote was as follows:

1358

JouRNAL OF THE HousE.

Those voting in the affirmative were Messrs.:

Adams Alley Armistead Atherton Barrett Bell Berry Brown of Henry Brown of Murray Buxton Calbeck Cannon Carswell Carter Childs Converse Cooke Cordell Couch Cowan Culberson Cureton Daniel Diekso" Drawdy Edmondson Edwards Elder Ellison English Evans ,Field of DeKalb

Fields of Crisp

McConnell

Ford

McCrory

Gastley

McCutcheJ'

Graddick

Oliver

Guyton

Parker of DecatJ?.r

Hall

Parker of Talbot

Harrington

Paulk

Harvey

Peacock

Hatfield

Pickett

Heard

Heaves

Henderson of Turner Reid of Macon

Hill

Roberts

Hubbard

Sheppard

. Hullender

Simmons

Johnson of Bartow Simpson

Johnson of Jeff Davis ~mith of Gilm~r

Johnson of Towns Smith of Tattnall

Joiner

Smith of Walton

Jones of Laurens

Stovall

Jones of Mitchell

'fippins

Keith

Turner

Kelley

Turnipseed

Kendrick

Upshaw

Kidd

Vinson

Kirby

Waddell

Lewis

White of Scre.ven

Martin

Whiteley

Middlebrooks

Williams

Miller of Calhoun \Vohlwender

Milikin

Wood

Minter

Woodliff

Macintyre

Those voting in the negative were Messrs.:

Alexander of De-Kalb Atkinson

Alexander of Fulton Ault

Allen

Barksdale

Anderson of Bullock Baker

Anderson of Chatham Boyd

Brinson of Emanuel Brown of Carroll Brown of Fulton Butt Chandler
.!

WEDNESDAY, AuousT 10, 1910.

1359

Davis Faircloth Fullbright Garlington Gillis Godley
Hardman or Jackson
Helms Henderson of Irwin Holtzclaw Huie Jones of Meriwether Lawrence Lord Lovejoy

Moore Moss MacFarland McArthur McCurry McElreath McMahan :McMichael of Butts McWhorter PersonIt Pierce Pope Portet Price Proctor

Redding Reese Reid of Campbell Rogers Hosser Shirley Slade Stubbs of Putnam 'l'arver Tuggle Walters Watkina Wright of Floyd

Those not voting were ;Messrs.:

Bagley Bailey Beacham Booker Brinson of Decatur Burch Ellis Pender G,.iffin of Sumter Griffin of Twiggs Hardeman of Jeffs 'n

Hendricks Holder of Floyd Howell Kennedy Kicklighter Littleton Meadows of Telfair Meadows of Toombs Miller of Ware Mitchell McCarthy

McMichael of Marion Rentz Strong Stubbs of Thomas Tracey Wasden Wight of Grady WTight of Stewa1t :Mr. Speaker

The roll call was verified and on counting the votes it was found that the. ayes were 95; nays 58.

'l'he motion to indefinitely postpone was therefore prevailed and the bill was defeated.

The following communication was read, to-wit:

1360

JouRNAL oF THE HousE.

ATLANTA, GA., AUGUST 10, 1910.
From a bed of sickness I bring to the Honorable Members of the General Assembly, the officers and assistants, and to the gentlemen of the press m attendance a tray of carnations.
As I greeted you on the date you assembled, so I speed you on the day you are to adjourn with flowera of esteem.
I do this m compliment to my good mother, dearer and fairer at 80 years, to your good mothers and devoted firesides and in personal tribute to my fellowman.
I hope that you, without regard to political inclination or affiliation, will do me the courtesy to wear this sincere token of remembrance.
I trust that God may vouchsafe to you long lives of honorable service to the State, and that the house of each may be blessed with health, happiness and prosperity.
It is my delight and honor to be,
Yours, in good fe!lowship,
BENJAMIN M. BLACKBURN.

-WEDNESDAY, AuausT 10, 1910.

1361

On motion of Mr. Field:3, of Crisp the thanks of the House were unanimously tendered Mr. B. M. Blackburn for his beautiful remembrance.
Leave of absence was granted-
:NfR. M-eWHORTER, of Greene.
The Speaker then announced the House adjourned until 2 :30 o'clock this afternoon.

2:30 orclock 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. Anderson, of Chatham, the House suspended Rule 31, which allows members three minut~s in which to explain their votes.
The following message was received from the Senate through Mr. Northen, Secretary thereof:
111r. 8 peaker:
The Senate has passed as amended by a requisite Constitutional majority the following resolution o.f the House, to-wit:

1362

JOURNAL OF THE HOUSE.

A resolution to appoint a Commission relative to receiving offers for old Governor's Mansion.
The Senate bas adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit:
A resolution providing for the payment to Hon. M. E. Collum, of 13th district, of the full perdiem for the session of 1910.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate bas concurred in amendment of the House to the following Senate Bills, to-wit:
A bill to amend Section 377, Volume 3, of Penal
Code of 1895, which defines the crime of bigamy.
A bill to prohibit the shooting at ap.y occupied dwelling house in this State with any gun, pistol or rifle.
'l'he following Senate bills were read the third time, to-wit:

By Mr. Mathews, of 23rd district-
A bill to provide a method for assessing and col-

WEDNESDAY, AuousT 10, 1910."

1363

lecting taxes where such taxes are authorized and etc., and for other purposes.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 103; nays 3.
The bill having received the requisite Constitutional majori~y was passed. '

By Mr. Rutherford, of 22nd district-
A bill to authorize Railroad Companies in this State to condemn property on condition and for other purposes.
The above bill was tabled.

By Mr. Mathews, of 23rd district-.
A bill to authorize the State Board of Entomology to employ whatever assistants as are needed for EUccessfl).lly conducting the work of the Board, ete.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 90; nays 12.

1364

JouRNAL OF THE HousE.

The bill having failed to receive the requisite Constitutional majority was lost.
Senate Bill No. 101, was taken from the table, read again and put upon its passage, to-wit:

By Mr. Rutherford, of 22nd district-
A bill to authorize Rmlroad Conpanies to condemn property on condition etc.
The bill was again tabled in motion, ayes 67; nays 45.
The next Senate Bill for a third reading was as follows:

By Mr. McCurry, of 31st district-
A bill to make it unlawful to obtain food, lodging etc. with intention to defraud.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 106; nays 17.
The bill haYing received the requisite Constitutional majority was passed.
Mr. Allen, of Upson was allowed to withdraw

WEDNESDAY, AuausT 10, 1910.

1365

House Bills Nos. 584 and 585, from the further consideration of the :fiouse.

By Mr. Price, of 27th district-
A bill to amend Section 420 of the Penal Code to prohibit the running of freight trains on the Sabbath.
The Committee on Railroads proposed a substitute which was adopted.
The report of the Committee which was favorable to the passage of the bill by substitute was agreed to.
On the passage of the bill the ayes were 107; nays 9.
The bill liaving received the requisite Constitutional majority was passed by substitute.

. By Mr. Slaton, of 35th districtA bill to provide for the dissolution of CorpoI"ations.
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.

1366

JouRNAL OF THE HousE.

By Mr. Slaton, of 35th district-
A bill to provide for liability for husband for torts of wife.
On motion of Mr. Anderson, of Chatham the above bill was tabled.

By Mr. Ward, of 5th district-
A bill to make unlawful the sale of near beer and similar beverages in Coffee county.
The favorable report of the Committee was agreed to.
On the passage of the bill the ayes were 94; nays 7. ,
The bill having received the requisite Constitutional majority was passed.
On motion of Mr. McMahan, Senate Bill No. 376 was tabled.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

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

WEDNESDAY., AuousT 10, 1910.

1367

A resolution providing for bringing up the un-finished business of the House and Senate after adjournment.

ATLANTA, GA., August 10, 1910.
The following message was received from His Excellency, the Governor, through his Secretary Mr. Larsen:

Mr. Speaker:
I am directed by His Excellency, the Governor, to deliver to the House of Representatives, the accompanying message, to which he respectfully invites the consideration of your honorable body.

ATLANTA, GA., August 10, 1910.
To the House of Representatives:
I have the honor to advise that I have approved and signed the following Acts and resolutions passed by your honorable body at its present session, towit:
An Act to require cottonseed-meal branded.
An Act to amend the Constitution as to Confederate pensions.

1368

JouRNAL oF THE HousE.

An Act to allow County BQard of Education to borrow money to pay teachers.
An Act to amend Act creating Board of Commissioners in Liberty county.
An Act to amend an Act incorporating Leslie.
An Act to amend Act establishing City Court of Greenville.
An Act to repeal Act R. & R. Commissioners, Cherokee county.
An Act to amend Act incorporating city of Union Point.
An Act to amend Act establishing City Court of Douglas.
An Act incorporating town of Lilburn.
An Act to repeal Act creating R. & R. Commissioners Butts county.
An Act to amend Section 5182 of the Code of 1895.
An Act to change time of holding fall term Superior Court, Liberty county.
An Act to fix the fees to be paid by local fire and storm assessment insurance companies in certain counties.

WEDNESDAY, AuousT 10, 1910.

1369

An Act to amend Section 982, Volume 1, 1895, adding Gordon and Wilkerson ~ounties.
An Act to incorporate town of Ila.
An Act to repeal Act incorporating town ofNaples.
An Act incorporating town of Brooks.
An Act to amend an Act creating City Court of Sylvester.
An Act to repeal an Act creating City Court of Danielsville.
An A~t to amend an Act creating Board R. & R. Commissioners, Spalding and Butts counties.
An Act to repeal an Act incorporating town of Sycamore.
An Act to amend an Act establishing City Court of Waycross.
An Act to amend an Act incorporating city of Hagan.
An Act to authorize the sale of property in the city of Columbus.
An Act to amend an Act creating Board R. & R. Commissioners, Hall county.

1370

JouRNAL oF THE HousE.

An Act to amend an Act incorporating Citizen's Bank of Valdosta.
An Act to increase terms Superior Court, Whitfield county.
An Act to vest in city of Columbus title to certain lands now used for streets.
An Act to repeal an Act incorporating town of Atwater.
An Aet to authorize County Commissioners of Camden county to issue license to persons conducting church festivals.
An Act to amend an Act creating City Court of Hazelhurst.
An Act to amend an Act creating City Court of Floyd county.
An Act to amend an Act creating city of Way-cross.
An Ad to amend an Act creating town of Milltown.
An Act to amend an Act incorporating town of . ' Unadilla.
An Act to amend an Act establishing charter of Hogansville.

WEDNESDAY, AUGUST 10, 1910.

1371

An Act to repeal Act creating office of Commissioners of R. & R., Madison county.
An Act to amend Paragraph 2, Section 6, Article 7, of Constitution. '
An Act to authorize payment of legal costs m Campbell county.
An Act prohibiting betting on elections or primanes.
An Act to amend charter city of Cairo.
An Act to incorporate Tennille School District.
An Act to prohibit taking fish from certain creeks in Towns county.
An Act to provide registration system for city of Fort Gaines.
An Act to regulate butchering in Ware county.
An Act to authorize lease of grounds belonging to Fourth District of A. & M. College.
An Act to amend charter of Unadilla.
. An Act to amend charter of town of.Fairburn. ,
An Act to repeal road law as to counties of Gordon and Whitfield.

1372

JouRNAL oF THE HousE.

An Act to amend Act creating City Court of Ashburn.
An Act to amend Act creating Board of Commissioners of roads, public buildings, public property, etc.
An Act to ratify and confirm closing of Ansley street, DeKalb county.
An Act to amend an Act incorporating town of Pineview.
An Act to amend Act incorporating city of Lavoma.
An Act to amend charter of Powder Springs.
An Act to amend charter of Lithonia.
An Act to amend charter of town of Martin.
An Act to amend an Act providing charter of Helena.
An Act providing charter for Arlington.
An Aet to amend Act creating Board R. & R. Commissioners, Dooly county.
An Act to amend Section 982, Volume 1, Code of Georgia.

WEDNESDAY, AuausT 10, 1910.

li373

An Act to repeal Act creating office R. & R. Com. missioners, Franklin county.
An_Act to amend Act creating Board R. & R. Commissioners, Chattooga county.
An Act to amend charter city of Marietta.
An Act to amend charter city of Macon.
An Act incorporating town of Wilburn.
An Ac't to create Board R. & R. Commissioners, Butts county.
A resolution m reference to preservation of engines "Texas" and "General."
A resolution providing payment of per diem and expenses of Committees authorized to act after session of 1909.
A resolution to pay pensions due Mrs. R. A. Lynn.
JosEPH M. BRowN, Governor.

The following bill was taken up and the Senate amendments disagreed to, to-wit:

By Mr. Rosser, of Walker-
A bill to amend the charter of the town of La Fayette.

137 4

.JOURNAL OF THE HousE.

The following bills were taken up and the Senate amendments concurred in, to-wit:

By Mr. Barrett, of Stephens-
A bill to appropriate money to pay for water furnished House during 1910.

By Mr. Moss, of Cobb-
A bill to amend an Act to create a system of pub. lie schools in Marietta.

By Mr. Hall, of Bibb-
A resolution to appoint Commission to receive offers for Governor's Mansion and look for new site, etc.
The Senate insisted on its amendment to House Bill No. 23 as follows :

By Messrs. Vinson, Anderson, of Bullock, et al-
A bill to fix the salaries of the judges of the Court of Appeals.
Mr. Ellis, of Bibb, moved that the House recede from its non-concurrence and on that motion the ayes and nays were ordered and the vote was as follows:

WEDNESDAY, AuGus.r 10, 1910.

1375

Those voting in the affirmative were Messrs.:

Alexander of Fulton . Guyton

Allen

Hall

Anderson of Bullock Henderson of Irwin

Anderson of Chatham Holtzclaw

Atkinson

Jones of Mitchell

Barksdale

Lawrence

Barrett

Lewi!l

Booker

Lovejoy

Boyd

Martin

Brown of Carroll

Middlebrooks

Brown of Fulton

Miller of Calhoun

Butt

Minter

Carswell

Mitchell

Converse

MOS!I

Cureton

M.acFarland

Davi&

Maclntyre

Ellis

McArthur

Field of DeKalb

McCarthy

Fullbright

McCurry

Garlington

McElreath

Gillis

llfcMichael of Butts

Godley

Parker of Talbot

Graddick

Persons

Pickett Pierce Pope Porter Redding Reese Reid of Campbell Roberts Rogers Rosser Simmons Slade Smith of Gilmer Smith of Walton Stubbs of Putnam Stubbs of Thomas Tuggle Turnipseed Vinson White of Screven Wohlwendet Woodliff Wright of Floyd

Those voting in the negativ~ were Messrs.:

Alexander of DeKalb Cordell

Armistead

Couch

Auli

Cowan

Baker

Culberson

Bell

Daniel

Berty

Dickson

Brinson of Emanuel Drawdy

Brown of Henry

Edwards

Calbeck

Elder

Cannon

Ellison

Carte.r

English

Chandler

Evans

Childs

Ford

Cooke

Gastley

Harrington Harvey Hatfield Heard Helms Henderson of Turner Johnson of Bartow Joiner Jones of Laurens Keith Kendrick Kidd Kirby Lord

1376

JouRNAL oF THE HousE.

Milikin Moore McConnell McCutchen McMahan Olivez Paulk Peacock Price

Proctor Reid of Macon l::lheppartl Shirley Smith of Tattnall Stovall 'farver Tippins Tracey

Turner Upshaw waddell walters Watkins Whiteley Wight of Grady wood

Those not voting were Messrs. :

Adams Alley Atherton Bagley Bailey Beacham Brinso~ of Decatur Brown of Murray Burch Buxton Edmondson Ji'aircloth.
Fender Fields of Crisp Griffin of Sumter Griffin of Twiggs

Hardeman of Jeffs 'u Meadows of Telfair

Hardman of Jackson :Meadows of Toombs

Hendricks

Miller of Ware

Hill

McCrory

Holder of E'loyd

:McMichael of Marion

Howell

:McWhorter

Hubbard

Parker of Decatur

Hullender

Reaves

Huie

Rent3

Johnson of Jeff Davis Simpson

Johnson of Towns Strong

.Tones of Meriwether vVasden

Kelley

William1

Kennedy

Wri!'{ht of Stewart

Kicklighter

Mr. Speaker

Littleton

The roll call was verified and o-u counting the votes it was found that the ayes were 69, p.ays, 68. The motion to recede therefore prevailed.

,Mr. Hearo, of Dooly, gave notice that at the proper time he would move to reconsider the action of the House in receding from its non-concurrence in the amendments to the above bilL

WEDNESDAY, AuGUST 10, 1910.

1377

By Messrs. Perry, of 33d district; McDowell, of 9th-

A bill to increase the salaries of the Justices of the Supreme Court.

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.:

Alexander of Fulton Godley

Allen

Graddick

Anderson of Bullock Guyton

Anderson of Chatham Hall

Barksdale

Helms

Barrett

Henderson of Irwin

Booker

Holtzclaw

Boyd

Jones of Mitchell

Brown of Carroll

Lawrence

Brown of Fulton

Lewis

Butt

Martin

Carswell

:Middlebrooks

Converse

Miller of Calhoun

Cureton

Minter

Davis

Mitchell

Ellis

Moss

'

English

MacFarland

Evans

Macintyre

Field of DeKalb

McArthur

Fullbright

McCarthy

Garlington

McCurry

Gillis

McElreath

McMahan McMichael of Butts Peacock Pickett.
Pierce Porter Redding Reese Reid of Campbell Reid of Macon Roberts Rosser Slade Smith of Gilmer Smith of Walton Stubbs of Putnam Stubbs of Thomas Tuggle Turnipseed Vinson Wohlwender Wright of Floyd

1378

JOURNAL OF THE HousE.

Those voting m the negative were Messrs:

Adams

Elder

McConnell

Alexander of DeKalb Ellison

McCutchen

Armistead

Ford

Olive:

Ault

Gastley

Paull;;

Bell

Harrington

Pri~

Berry

Harvey

tiheppa1d

Brinson of Emanuel Hatfield

Shirley

Brown of Henry

Heard

Smith of Tattnall

Calbeck

Henderson of Turner Stovall

Cannon

Johnson of Bartow Tarver

/

Carter

Johnson of Towns Tippins

Chandler

Joiner

'l'racey

Childs

Jones of Laurens

'l'urner

Cooke

Keith

Upshaw

Cordell

Kendrick

Waddell

Couch

Kennedy

Walters

Culberson

Kidd

Watkins

Daniel

Kirby

Whiteley

Dickson

Lor<]

Wight of Grady

Drawdy

Milikin

Woo(]

Edwards

Moore

Those not voting were Messrs.:

Alley Atherton Atkinson Bagley Bailey Baker Beacham Brinson of Decatur Brown of Murray Burch Bmdon Cowan Edmondson Faircloth Fender Fields of Crisp Griffin of Sumter

Griffin of Twiggs

Meadows of Telfair

Hardeman of J eft's 'n Meadows of Toombs

Hardman of Jackson Miller of Ware

Hendricks

McCrory

Hill

:McMichael of Marion

Holder of Floyd

:McWhorter

Howell

Parker of Decatur

Hubbard

Parker of Talbot

Hullender

Persons

Huie

Pope

Johnson of Jeff Davis Proctor

Jones of Meriwether Heaves

Kelley

Rentz

Kicklighter

Roger1

Littleton

Simmons

Lovejoy

Simpson

WEDNESDAY, AuousT 10, 1910.

1379

Strong wasden White of Screven

Williams \Voodlift

W'right of Stewart llfr. Speaker

The roll call was verified and on counting the vote it was found that the ayes were 66, nays, 62.

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

'Mr. Heard, of Dooly, moved that the House reconsider its action in receding from its position in nonconcurring in the Senate amendments to Senate Bill No. 23, seeking to increase the salaries of judges of the Court of Appeals.
On the motion to reconsider the ayes and nays were ordered and the vote was as follows:

Those voting .in the affirmative were Messrs.:

Adams

Cooke

Alexander of DeKalb Cordell

Armistead

Couch

Ault

Culberson

Baker

Daniel

Bell

Dickson

Berry

Drawdy

Booker

Edwards

Brinson of Emanuel Elder

Brown of Henry

Ellison

Calbeck

Evans

Cannon

Ford

Carswell

Gastley

Carter

Harrington

Chandler

Harvey

Childs

Hatfield

Heard Helms Henderson of Turner Hill .Johnson of Bartow .Johnson of .Jeff Davis Johnson of Towns .Joiner .Jones of Laurens .Jones of Meriwether Keith Kendrick Kennedy Kicklighter Kidd Kirby

1380

JouRNAL oF. THE HousE.

Lord Milikin Moors McConnell McCutchen McMahan Oliver Parker of Decatur Paulk Pries

Proctor Reid of Macon Sheppard Shirley Simmons Simpson Smith of Tattnall Stovall Tarver

Tippins Tracey Turner Upshaw Walters Watkins '\'tbiteley Wight of Grady Wood

Those voting in the negative were Messrs.:

Alexander of Fulton Henderson of Irwin

Allen

Holtzclaw

Anderson of Chatham Jones of Mitchell

Barksdale

Lawrence

Barrett

Lewi3

Boyd

Lovejoy

Brown of Carroll

Martin

BTown of Fulton

Middlebrooks

Butt

Minter

Converse

Mitchell

Davis

Moss

Ellis

MacFarland

English

Macintyre

Field of DeKalb

McArthur

Fullbright

McCarthy

(:arlington

McCurry

Godley

McEIFeath

Graddick

McMichael of Butts

Guyton

Pickett

Hall

Pierce

Porter Reaves Redding ' Reese Roberts Hosser Slade Smith of Gilmer Smith of Walton Stubbs of Putnarn Stubbs of Thomas 'fuggle 'l'urni pseed Vinson White of Screven William1 Wohlwender Woodliff Wright of l<'loycl

Those not voting were Messrs.:

Alley Anderson of Bullock Atherton Atkinson Bagley Bailey Beacham

Brinson of Decatur Brown of Murl'ay Burch Buxton Cowan Cureton Edmondson

Faircloth Fender Fields of Crisp Gillis Griffin of Sumter Gtif:fin of Twiggs Hardeman of Jefl's'n

WEDNESDAY, AuausT 10, 1910.

1381

Hardman nf Jackson Hendricks Holder. of Floyd Howell Hubbard Hullender Huie Kelley. Littleton Meadows of Telfair

Meadows of Toombs Reid of Campbell

Miller of Calhoun Rentz

Miller of Ware

Rogers

McCrory

Strong

McMichael of Marion Waddell

McWhorter

Wasden

Park&r of Talbot

Wright of Stewart

Peacock

M~. Speaker

Persons

Pope

The roll.call was verified and on counting the votes cast it was found that the ayes were 76, nays, 69. The motion to reconsider therefore prevailed.

The following resolution was read, to-wit:

By Messrs. Anderson, of Chatham, McArthur, of Montgomery-
A resolution instructing the Clerk to inform the Senate that the House has completed its business and is ready to adjourn, sine die.
Mr. Sheppard, of Sumter moved that the bill with the Senate amendments to increase the salaries of the Judges of the Court of Appeals be tabled.
The chair ruled the motion out of order and from that ruling Mr. Sheppard took an appeal.
Pending the discussion on the appeal Mr. Carswell moved to adjourn, which motion prevailed and the Speaker announced the House adjourned until 8 o'clock tonight.

1382

JouRNAL OF THE HousE.

8 O'cLOcK P. M.
The House. reconvened at this hour and was again
called to order by the Speaker.
Mr. Parker, of Talbot moved to dispense with the call of the roll, and the motion prevailed by a vote of ayes 94; nays 7.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Se' nate recedes from its amendment to the following bill of the House, to-wit:
A bill to amend the charter of the city of La Fayette.
The Senate has passed by a requisite Constitutional majority the following Bills of the House, to-wit:
A bill to amend the charter of the town of Decatur.
A bill to amend the charter of St. Marys and for other purposes.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

WEDNESDAY, AUGUST 10, 1910.

1383

Mr. Speaker:
The Senate has passed by substitute, by a requisite Constitutional majority the following Bill of the House, to-wit:
A bill to create an Auditor of State accounts.
The following resolution was read and adopted, to-wit:

By Mr. Barrett, of Stephens-
A resolution providing that the Senate be notified that the House will adjourn sine die at 8:30 o'clock tonight.
The House having had under discussion the following bill when the hour of adjournment arrived this afternoon the same was again taken up for the purpose of acting on the Senate amendment to the same, to-wit:

P.y Messrs. Vinson, Anderson, of Bullock, Persons, Barksdale-
A bill to provide for an increase in the salaries of the Judges of the Court of Appeals.
Mr. Sheppard who "took an appeal from the decision of the Chair, and which was under discussion

1384

JouRNAL oF THE HousE.

wlien the House adjourned this afternoon, withdrew his appeal and also the motion to table.
Mr. Alexander, of DeKalb moved that the House insist upon its disagreement to the Senate amendment, which motion prevailed, ayes 83; nays 28.

By -Mr. Pitts, of 43d district-
A bill to amend the Road Laws of The State and for other purposes.
The above bill was tabled. The fo11owing resolutions were read and adopted:

By Mr. Anderson, of Chatham-
A resolution to provide that the General Assembly adjourn sine die, at 10 o'clock tonight.

By Mr. Sheppard, of Sumter-
A resolution providing that no business be transacted by the House except upon such matters as are received from the Senate.
The fo11owing bill was taken up and the Senate amendments agreed to, to-wit:

WEDNESDAY, AuausT 10, 1910.

1385

By Mr. Hall, of Bibb-
A bill to create an Auditor of State accounts.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

lllr. Speaker:
rrhe Senate insists on its amendment and asks for a Conference Committee on the following Bill of the House, to-wit:
A bill t_o fix the salaries of the Judges of Court of Appeals.
And has appointed as a Conference Committee on part of the Senate on the above bill, Senators Burwell, Slater and Thompson.
On motion of Mr. Anderson, of Chatham, Senate Bill No. 213 was tabled.
The following Senate Resolution was read and adopted, to-wit:

By Mr. Day, of 41st district-
A resolution requesting certain information regarding the accounts of S. M. Douthit former Tax Collector of Fannin county.

1386

JOURNAL OF THE HOUSE.

The following resolutions were read and adopted, to-wit:

By Messrs. Brown, of Fulton, Holtzclaw, of Houston-
A resolution extending the thanks of the House to the efficient and courteous messenger of the House, Mr. B. T. Paulk.

By Mr. Anderson, of DeKalb-
A resolution extending the thanks of the House to Mr. W. T. Morris, principal doorkeeper of the House, for courtesies.

By Mr. Alexander, of DeKa1b-
A resolution thanking the Journal Clerk for services.

By Mr. Upshaw, of Douglas-
A resolution thanking Messrs. Brown, ~McElreath and Alexander, of Fulton for refreshments (ice cream and eake.)

By Mr. Boyd, of Spalding-
A resolution thanking Mr. Anderson, of Chatham for services rendered on Committee on Rules.

WEDNESDAY, AUGUST 10, 1910.

1387

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

Mr. 8 peaker:
The Senate has passed by a requisite Constitutional majority the following Bills of the House, to-wit:
A bill to amend an Act fixing the term of office of the Commissioner of Pensions.
A bill to authorize the di'spensing of lemonade, milk shake and ice cream in Young Harris, Towns county Georgia.
A bill to amend the Act to prevent the adulteration of food.
A bill to increase the efficiency of the inspection of fertilizers and feed stuffs.
A bill to amend an Act providing for the election of County School Commis~ioners by the people.
A bill to establish City Court of Sylvester.
A bill to repeal an Act to establish the City Court of Sylvester.
A bill to incorporate the town of Ranger in the County of Gordon.

1388

JOURNAL OF THE HouSE.

A bill to require County Commissioners, or Ordinaries, in all counties having therein a city of not less than 10,000 nor more than 12,000 to pay certain costs.
A bill to authorize the Council of the town of Comer to hold a bond election.
A bill to provide for fixing salary of County Treasurer of Harris county.
A bill to amend the charter of the city of Buford, Gwinnett county, Georgia.
A bill to incorporate the town of Durand in the County of Meriwether, Georgia.
A bill to amend the charter of the city of Nashville in the County of Berr~en.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following Resolutions of the House, to-wit:
A resolution to authorize City of At1anta to build certain viaducts.
A resolution to pay Auditor and Stenographer in

WEDNESDAY, AuGUST 10, 1910.

1389

_natter of investigation of Keeper of Public Buildings nnd Grounds.
The Senate has concurred in the following Resolutions of the House, to-wit:
A resolution urging passage in Congress of National Appalachian Forest Reserve.
A resolution to widen Peachtree Street m the City of Atlanta as regards Governor's Mansion property.
The following message was received from the Senate through Mr. Northen, Secretary thereof:

Mr. Speaker:
The Senate has failed to pass by a requisite Constitutional majority the following Bills of the House, to-wit:
A bill to revise the School Laws so as to substitute a County Superintendent -of Schools for Commissioner of Education.
A bill to :fix salary of Stenographer in State Bank Examiner's Office.
The followinL~ message was received from the Senate through 1Mr. Northen, Secretary thereof:

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JouRNAL oF THE HousE.

Jfr. Speaker:
The Senate has adopted the following Senate Resolution:
A resolution that the General Assembly adjourn sine die at 10 :45 o'clock P. M.
Mr. Barrett, of Stephens moved that a Conference Committee be appointed to confer with a like Committee from the Senate on differences existing beteween the House and Senate on House Bill No. 23, providing for an increase in the salaries of the Judges of the Court of Appeals which motion was lost.

The following resolution was adopted:

By Mr. Anderson, of Chatham-
A resolution providing that the Senate be notified that the House will be ready to adjourn sine die at 10:15 o'clock P.M.
The following Senate Resolution was read and adopted, to-wit:
A joint resolution providing the House adjourn sine die at 11:45 o'clock P.M.
The following message was received. from the Senate through Mr. Northen, Secretary thereof:

-WEDNESDAY, AuausT 10, 1910.

1391

Mr. Speaker:
The Senate has passed by a requisite Constitutional majority the following Bills of the House, to-wit:
A bill to amend 5261, Volume 1, of the Code of Georgia, relative to witness fees.
A-bill to prevent the mending or keeping of tools for safe cracking.
I
A bill to regulate the manner of selecting Official County Newspapers.
A bill to authorize the Secretary of State to confer upon certain corporations the powers of Trust Companies.
A bill to dispense in Superior Court execution dockets of executions issuing from otl1er Courts.
A bill to regulate the employment of minors in any messenger service whatever.
A bill to authorize The Board of Trustees of the Geo11gia State Sanitarium to establish a Training School.
A bill to incorporate the town of Berlin in Colquitt county.

1392

JouRNAL OF THE HousE.

A bill to amend an Act to incorporate the town of Mitchells District in the County of Pulaski.
A bill to amend an Act incorporating the town of Milan in Telfair county.
A bill to amend the charter of Barwick.
A bill to create a new charter for the town of Dexter in Laurens county.
A bill amending Section 982, Volume 1, Code of 1895, so as to add the town of Ringgold, Catoosa county, as a State Depository.

The Committee appointed by resolution of the General Assembly at its last session to investigate the charges. made against the management of the State Sanitarium, submitted the following report:

Mr. Speaker:
Pursuant to said resolution, your Committee met at the State Sanitarium on the 8th day of November, 1909, and organized by electing Senator McLean, Chairman, Representative Henderson, Vice-Chairman and Representative Carswell, Secretary.
While your Committee realized ,that the principal purpo~e for which it was appointed wa:s to ascertain whether or not the inmates of the institution were being treated with the kindness and consideration

-WEDNESDAY, AuausT 10, 1910.

1393

that the people of Georgia and humanity demand they be treated, to ascertain if cruelty was allowed or permitted, by neglect or otherwise, by the officials and employees of said institution, yet, in order to get at an intelligent understanding of the treatment and care of the inmates, required a thorough and searching investigation of every branch of said institution; your committee, therefore, endeavored to learn the whole truth of the affairs of the entire institution, and herein attempt to report its findings the~eon.
Ten days prior t'o the meeting for hearing evidence, your Committee published a notice in some ,of the daily and weekly newspapers of the State, requesting all persons who knew of anything relating to the manage;ment of the institution that would throw any light upon any matter connected with the same, to communicate with the Chairman of the Committee, and to give him the name of any witness who would testify either for or against the management of the Sanitarium, and all persons who were desirous of being heard, were brought before the Committee.
BUILDINGS.
Your Committee finds that all the buildings are kept remarkably dean, the floors in the rooms and balls are almost spotless ; the bedding is clean and comfortable in the white buildings. The negro building is so crowded that humanity demands that some . provision be made to relieve the present condition. The building is poorly ventilated; it has three

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hundred more inmates within its walls than should be there, and with its poor ventilation, and the overcrowded condition .of this race of people, and especially in their unfortunate condition, makes it beyond the power of man to keep it in condition fit for human beings. There is no provision made or an amusement hall, and the inmates are even deprived, for the lack of space, of weekly religious services.
FOOD AND CLOTHING.
Your Committee finds that the inmates are clothed as well as the appropriations made by the State will permit, the condition of the patients will allow, and necessity requires. To properly prepare food for over three thousand insane people, to see that each .and every one is given the quality and quantity of food most needed, is, within itself a tremendous undertaking. The food is, by necessity, cooked by steam, in large quantities, and the patients who, day after day and year after year, eat thereof, naturally become dissatisfied with the manner of preparation and the method of seasoning, and crave for a change. The preparation is as good as could be, taking intl. consideration the quantity to be prepared. While sufficient food was served to sustain life, yet some members of )COUr Committee believe that the patients should be given more food and a greater variety, and that more personal care and attention should be given by those in immediate charge of the dining halls, to see that each and every inmate of the institution be

WEDNESDAY, AuausT 10, 1910.

1395

given a sufficiency of food to satisfy the appetite of an ordinary person.
TREATMENT OF INMATES.
Your Committee made a thorough and searching investigation of the treatment of the inmates of the institution. We brought before the Committee a large number of the inmates of the institution, former inmates, who are now cured, former employees, and the officials and other employees now at the institution. We find that in some rare cases the patients have been treated unkindly by some of the attendants, but that no cruelty of any kind has ever been afflicted upon these unfortunates; that the officials and employees make an earnest and honest effort to see that the inmates are treated with consideration, gentleness and kindness, that where cases of unkindness towards any inmate is shown, it is a rare exception. We find that the charges brought by a former inmate of the institution, which charge we were especially appointed to investigate, are absolutely without foundation, and a vile injustice to the management of the Sanitarium. When it is taken into consideration the large number of patients, the different kind and classes of patients, the different grades of society, the number of attendants and the duties they have to pedo~m, it is marvellous that more irregularities do not occur. As a whole, the patients are treated with kindness and consideration by the attendants and officials, and the people of Georgia who have friends or loved ones within the

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walls of this Sanitarium, may rest assured that the inmates of the Georgia State Sanitarium are in the care and keeping of noble-hearted gentlemen, who do not and will not permit any harshness or cruelty towards these unfortunates.
KIND AND. CLASSES OF INMATES.
Your Committee finds in this institution all kinds and classes of patients. we believe that this institution is being greatly imposed upon by nearly every county in the State, by being made the dumping ground of a large class of patients who have no right or business in the Sanitarium. In a large number of cases, an old man without money or friends, feeble-minded from old age who should be in the pauper home is sent to the Sanitarium to pass the remainder of his life. Feeble-minded children who need no medical treatment are sent to the Sanitarium for the balance of their lives. Sane epileptics are sent to the Sanitarium, where no provision has ever been made to relieve or help them in their unfortunate condition. Crowded thus as it is, the Georgia State Sanitarium has become a huge prison, the proper separation of patients impossible, the care and management thereof a tremendous undertaking, and the proper treatment by the officials of those who may be cured impaired.
TRUSTEES AND OFFICIALS.
The 'Trustees and Officials of the Sanitarium assisted your Committee in getting at a fuU and com-

WEDNESDAY, AUGUST 10, 1910.

1397

plete examination of the institution. We believe that each and every Trustee and Official to be an honest man, c-apable and deserving the praises of the peoph of Georgia. The physicians are all eapable men, alive and alert. The Superintendent measures up to his position, and the improvements and new energy that he has injected since becoming the head of the Sanitarium is marked, and with less money than similar .institutions receive. We believe that he will make Georgia's Sanitarium the best in the land.
ATTENDANTS.
Your Committee examined a large number of the male attendants. We find that these attendants are honest and capable and making an ernest effort to do all in their power to better the conditions of the inmates, and that when an act of unkindness towards a patient by an. attendant occurs it is an cxception to the rule and the attendant is immediately discharged. We find that the supervisors, or the persons who have immediate control of the attendants ,and whose duty it is to see that the attendants treat the patients as they should be, hold a very, very important position, and that these positions should be filled by strong, capable men, who should always be alive to their 'duties. In all of out investigation, not a murmur or whisper of dissatisfaction came against the female attendants, and from all sides came praises for this class of attendants. The duties to be performed by the attendants, both male and female are anything but pleasant, and we believe that

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their hours of labor should be shortened. The female attendants begin their work at sunrise, they must care for their patients and clean the wards. They .work until night, and are then locked in the wards with the inmates for the night. They have no opportunity to better equip themselves as nurses, and have no opportunity for rest or amusement. Should a nurses' hall be provided by the State, in a few years this institution would have a most excellent set of trained nurses.
BOOKKEEPING.
Your Committee finds that the records of the Sanitarium are not accurately kept, and that the method of bookkeeping is not intelligible. We find that there is no way of ascertaining the receipts and disbursements of the various farm and dairy products of the institution; the institution has no way of knowing whether they are receiving the proper amount of goods ordered, such as coal, etc., when received in car load lots, as the institution has no track scales upon which to weigh such articles when received, and are, therefore, forced to rely entirely upon the honesty and accuracy of ~the parties from whom they buy. In coal alone, thousands of dollars are expended annually, and the correctness of weights in such purchases should be assured. We find that a large number of the patients receive funds from relatives and friends; and a complete and accurate account of such funds should be kept, entirely separate from the funds of the. institution, showing

WEDNESDAY, AuausT 10, 1910.

1399

the amounts received and the p1oper disbursements of the same. We believe that every dollar appropriated to the institution has been honestly disbursed; we earnestly recommend, however, that the officials of,said institution use the money that is appropriated only for the specific purpo;;es for which it is appro- priated.
Your Committee believes that the basic wrong of of this institution comes from too little money and too many patients, neither of which is chargeable to the Trustees or Officials for they have for years urged the necessity of getting more money.
It is a shame that the sane epileptics are committed to the State Sanitarium and the State of -Georgia should speedily make a home for these people, for to place a human who is not insane, for a term of life in an insane asylum is the most horrible affliction that can come to man. A place for betterment and not a horrible prison should be provided for them. The feeble-minded, especially the young children should be better provided for, and we believe that these classes, the epileptics and feeble-minded, should be provided for at places separate and distinct from the asylum for the insane, To the average man the amount of money spent at this institution for buildings and maintenance is enormous. Yet, to say that the Georgia Legislature has been miserly in its appropriations towards this institution, is putting it mildly. Year after year the Trustees and Officials of the Sanitarium have come before the Appropri-

1400

JouRNAL oF THE HousE.

ations Committee of the General Assembly and begged for more funds. They have asked for money to build apartments for those 'suffering from tuberculosis, and yet, year after year the apartments go unbuilt, and these patients are cared for as best they ran be and oftentimes, giving this awful disease to other patients. There are but few people in this great State who have no friends or relativ:es confined in this, at its best, most awful institution and anything that relieves, aids, brightens and betters this most unfortunate class, is cheap at any price and the people of Georgia, through its Representatives should give ear to the needs of this institution. No Georgian will ever be heard to complain or murmur about the taxes he pays to support, to maintain, to make pleasant, to beautify this abiding place of God's unfortunate.
RECOMMENDATIONS.
Your Committee makes the following recommendations.
1. That provision be made for the sane epileptics, senile and harmless imbeciles and feeble-minded children.
2. That sufficient funds be appropriated for buildings necessary to care for the colored patients; funds for a tuberculosis hospital; funds for a nurses' hall; funds for the construction of a water reservoir.
3. That the law be amended so the three nearest adult relatives may waive the ten day's notice now

WEDNESDAY, AuGusT 10, 1910.

1401

required before commitment to the Sanitarium; nmend the law so that nine members shall compose the Board of Trustees, three of.whom shall be appointed every two years for a term of six years; amend the law so as to punish .the officer who brings a patient to the institution and leaves or abandons such patient on the Sanitarium grounds, when, for any reason the patient is refused admittance by the authorities of the institution.

4. That the-law be so amended as to allow inmates c,f the institution the privilege of sending out and receiving, one day in each week any and all mail without the same being inspected by the Officials of the institution.

J. L. McLEAN, Chairman. F. M. LONGLEY, L. R. AKIN, F. E. CoNLEY,
On part of the Senate.

J. A. J. HENDERSON, Chairman.

GEo. H. CARswELL,
s. A. BROWN,

W. T. TuGGLE,

R. H. BAKER,

GEORGE BROWN,

C. R. McCRORY,

Of the House.

1402

JouRNAL OF THE HousE.

The following minority reports, which were submitted during the term were ordered to be incorporated in this day's Journal:

Mr. Speaker:
The undersigned members of the House Committee on the V\Testern & Atlantic Railroad, file this their minority report on the resolution of the House refer-
/
ring to this Committee the message of the Governor with reference to the purchase of lands for use as terminals by the Western & Atlantic Railroad near Chattanooga.
\Ve are unable to concur in the report of the . majority filed by the Chairman of the Committee.
The report makes no recommendations, and consists generally in a concealed criticism of the action of the Governor in not making the purchase of the lands in question. We have no criticism to make on a large part of the report, except that it is absolutely immaterial and irrelevant to the issue. Most of the matters dealt with in it are questions of difference between the Governor and the Chairman of this Committee. The latter stated that he had spent practically all of the time he could possibly devote to that purpose for several weeks in drafting the report. It was read once in Committee and adopted without amendment as the report of the Committee, after a short discussion. None of the undersigned ever saw or heard it read until it was submitted to the Committee. Upon request, however, the Chairman kindly

WEDNESDAY, AuausT 10, 1910.

1403

furnished one of the undersigned a copy of the report at the adjournment of the Committee last night.
The report is a voluminous document. We have not the time, and think it would serve no good purpose for us to attempt to point out, except as hereinafter specified, the many' respects in which the report fails to meet our approval, both in statement of fa-cts and in conclusions drawn therefrom. We have no knowledge of a number of the statements made. As to others we do not agree with the report.
We find that the Governor was advised by the Attorney General who by the Constitution of the State is made his legal adviser, that there were no funds available in .the Treasury upon which he could legally draw for the purpose of making this purchase.
In respect to the other reasons stated in the message as to why he did not consummate the purchases authorized by the resolution adopted by the General Assembly at its last session, we beg to report that we have ascertained that a number of members of the House voted for that resolution under the impression that the three traots named therein were the only avaJlable lands suitable for the uses intended, and that those lands would not be available unless the options then in force were exercised. Most of the signers of this report were under that impression. As the Governor subsequently ascertained that there were other lands more available, and as it bas since

1404

JouRNAL OF THE HousE.

come to the knowledge of the Committee that there are still other tracts which should be considered if the State is to make such a purchase, we are firmly convinced that the Governor acted wisely in exercising the discretion conferred upon him by the terms of the resolution referre4 to and in deferring action nntil a full and intelligent investigation might be made of all available tracts suitable for the uses intended. We find that the objections to the tracts named in the resolution referred to which are set out in his message do exist, that they are sound and valid objections, and if the best interests of the State are to be served should not be lightly disregarded.
We call attention to the fact that the majority re~ port points out that no survey has ever been made of these lands, and for that reason no estimate has ever been made of the probable cost that would be incurred in doing the grading and filling acknowledged to be necessary to make the lands fitted for the purpose desired by the State.
A moment's consideration will satisfy anyone that this is a matter of equal importan~e to the State as the original cost of the land that might be purchased. Properly considered, the cost of fitting the land for use and occupation is a part of the purchase-price; for the land, if purchased, is to be purchased for a specific purpose and would be entirely valueless until put in condition to be used for that purpose.

"\VEDNEt:iDAY, AuGUt:iT 10, 1910.

1405

In view of the fact that it is conceded that there is no immediate use f~r additional land, and indeed that any land now purchased would not be used in any event, if at all, until the expiration of the present lease in 1920, we do not see that undue haste is necessary or desired in reaching a decision as to what particular land should be purchased. On the contrary we are convinced that a careful examination should be made of all lands available for the uses intended, and that this examination should include an estimate by a competent engineer, experienced in such work, of the quantity of land needed, and of the cost of putting the respective available tracts m condition to be used.

"\Ve respectfully submit that this is a plain business proposition, and should be settled in a plain business like way. No private person or corporation would undertake to determine the policy or needs for the future of a great business enterprise in the haphazard manner that the State of Georgia has undertaken to determine this question. So far as we an informed, not one member of the Committee is a practical railroad man, and certainly no member is an Engineer with experience in such matters. For a man or set of men entirely unskilled and without experience in such matters to attempt to decide the practicability or feasibility. of such a proposition Wiithout expert advice ~nd assistance, is, iin our opinion, absurd.

1406

JOURNAL OF THE HOUSE.

After careful consideration of the entire situation, we would respectfully recommend that a resolution be adopted, providing that a Commission of five be appointed, three by the Speaker of the House and two by the President of the Senate, to be known ars the Western & Atlantic Railroad Commission, whose duty it shall be to make a thorough investigation of all the available tracts of land, suitable or which might be made suitable for use as swit~hing, transfer and storage yards in handling the business of the State Road at Chattanooga; that such Commission be instructed to procure prices on all the available tracts and if possible, options from the owners thereof; that such Commission be authorized and directed to employ a competent Engineer, experienced in such matters to go over the entire Terminal situation at Chattanooga, and make an estimate of the amount of land necessary for present and future use as switching, transfer and storage yards, and also to make a survey of all available lands for that purpose offered to the Commission and an estimate of the cost of fitting each of the respective tracts for the uses intended; and that such Commission be .directed to make a report of their findings to the Governor, in time to be transmitted by him to the next General Assembly.
We find that the State has not suffered the slightest loss by the failure of the Governor to purchase the first property. We have ascertained that that property can now be purchased by the

WEDNESDAY, AUGUST 10, 1910.

1407

State if the Legislature so desires at the price for which it wa~ offered a year ago.
We feel constrained to enter our protest against the action of the Committee in including in their report certain correspondence between Mr. Hooper Alexander and the Governor. This correspondence and the reference thereto by the Committee have no place whatever in their report. These letters' addressed by Mr. Alexander to the Governor, were of an entirely private nature. Mr. Alexander at that time was not engaged in the discharge of an official duty, and neither the Committee nor this House has the slightest concern with such correspondence. Mr. Alexander was not authorized to represent the House of Representatives nor the State at the time the letters referred to were written.
We also feel constrained to protest against and earnestly deprecate, the intimation contained in the majority report to the effect that it would be useless for the General Assembly .to take any action in reference to the matter at issue because the Governor would veto any bill passed or resolution adopted in respect to the matter in question. We respectfully 'submit that such an intimation is wholly unauthorized, is discourteous to the representative of a co-ordinate branch of our Government, and has no place in the report of a legislative Committee.
Respectfully submitted,
J os. H. HALL,

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JOURNAL OF THE HousE.
EuGENE S. AuLT, MILLARD REESE, R. H. BAKER, \VALTER CuRETON, D. C. PICKETT, 0. CALBECK, BEN F. HILL, BEN M. TURNIPSEED, B. H. EDMONDSON, J. J. McMAHAN, J. P. ARMISTEAD, T. N. BERRY.

MINORITY REPORT ON SENATE BILL No.lOl.
Mr. Speaker:
The Committee on Railroads having had under consideration Senate Bill No. 101, and having reported back to this House recommending that .the same do pass, as amended ; we, the undersigned, beg leave to file this our minority report, and recom mend to this House that the same do not pass as amended for the following reasons, to-wit:
1st. The Railroads of Georgia have already under our law sufficient power to condemn any private

WEDNESDAY, AuausT 10, 1910.

1409

property for the purpose of building their railways and terminals wherever the public necessity requires it, and the public welfare is subserved.
2nd. This bill is in direct conflict with what has heretofore been the universal policy of Georgia; that is, to never condemn private property for private benefit, but only when it was for the public benefit.
3rd. It would be unjust and unwise to allow any railroad corporation to condemn one citizen's private .property for the purpose of building a spur track over same for the benefit of some other private citizen.
M. L. CooK,
T. SHIRLEY,
M.S. JoNEs,
Can not read one signature.

MINORITY REPORT.
Mr. Speaker:
The Special Judiciary Committee have had under consideration House Bill No. 751, providing for the establishment of the City Court of Ellijay, Gilmer county, and have reported the same back with the recommendation that it do pass, but we, the under-. signed members of said Committee, beg leave to file this, our minority report, to the action of said Committee in favorably reporting said bill, and urge

h-45

1410

JouRNAL OF THE HousE.

that the same do not pass upon the ground that there is no necessity for the establishment of said City Court.
This July 8th, 1910.
WILLIAM BuTT,
J.o. ADAMs,
C. H. PoRTER,
s. A. BROWN,
L. W. JoHNSON,
J. 0. SHEPPARD,
H. B. Moss,
I
A. A. LAWRENCE.

Mr. Speaker:
We, the undersigned members of the Committee on Special Judiciary, beg leave to submit this minority report against the action of the Committee in unfavorably reporting Senate Bill No. 241, which authorized the creation of a City Court in the city of Ellijay, county of Gilmer.
Respectfully submitted,
H. J. FuLLBRIGHT, Ch.
w. Y. ALLEN, V-Ch.

WEDNESDAY, AuGusT 10, 1910.

1411

BEN M. TURNIPSEED, R. H. LEWIS, . JOHN F. REDDING, 8. L. DRAWDY, J. H. ALLEY, W. C. HowELL.

Mr. Speaker:
We, the minority members of the Committee on Constitutional Amendments, respootfully dissent from the majority report of the Committee on Constitutional Amendments, acting unfavorably upon Senate Bill No. 197, placing Solicitors-General upon a salary and therefore file this, our minority report, thereon.
Respectfully submitted,
R. H. LEWIS,
s. J. DAVIS,
M. L. JOHNSON,
R. H. BAKER,
w. s. WIGHT,
HooPER ALEXANDER.

1412

JouRNAL oF THE HousE.

Mr. Speaker:
We, the undersigned members of the Committee on General- Judiciary, beg leave to submit this minority report on House Bill No. 1010, and respectfully urge that the same do not pass, as its passage at this time, in our opinion, would be unjust and unfair to the people of the Atlantic Circuit.
Respectfully submitted,
F. H. MAcFARLAND,
c. T. GUYTON.

Mr. Speaker:
As a member of the Committee on Special Judi<:'iary, I beg to dissent from the recommendation of a majority of said Committee, which is unfavorable to the passage of House Bill No. 331, and file this, a minority report, favoring the passage of the bill, and recommend that it do pass.
H. H. CHANDLER.
To the Honorable Speaker of the HoU:Se of Re.presentatives :
The undersigned members of the Committee on Constitutional Amendments hereby file a minority report to the action of said Committee in reporting.

\VEDNESDAY, AuausT 10, 1910. \ 1413
adversely, and recommending that Senate Bill No. 23, to abolish the office of County Treasurer in this State do not pass.
The reasons therefore being said bill failed of recommendation by a low majority with small attendance. Said office as at present conducted in a large part of the counties amounts to a mere formality and is obsolete and useless, and under present conditions a county depository bank could and would perform the duties without cost, thereby saving to the-people of the several counties of the Sta"~ several hundred thousand dollars per annum, now paid in commissions.
The undersigned submit that the effort to abolish this office bas in the past resulted in several rulings of the Supreme Court and causing the several parties at litigation great cost. That at present there are in several of the counties of this State local bills limiting the fees of said office to merely nominal sums, and being local bills in conflict with the general laws on the subject.
That information of the objectors is that in others the office is held and run for on a platform specifying that this officer will only ask nominal sums and waive his right to full compensation, thereby showing a further demand of the people for a reduction of a useless fee system for an obsolete office.
Objectors submit that in view of the frequent needed issues of bonds for public improvements, and

1414

JouRNAL oF THE HousE.

the present enormous fees to be paid to this officer, for a mere bagatelle of service the continuation of the office is and will be a great hardship upon the taxpayers who. should be allowed to keep all the money possible in their own pockets.
. Wherefore this minority report is filed, and objections raised to the findings of the Committee in said matter.
C. H. BEASLEY, of Lee,
J. J. E . .ANDERSON, Bulloch
MEADOws, of Telfair,
R. G. MITCHELL, Jr.

Mr. 8 peaker:

We, the undersigned members of the Committee

on General .Agriculture, beg to submit the following

report: The Committee has had under considera-

tion House Bill No. 465, being a bill "to regulate

1he sale of commercial fertilizers, so as to require

the manufacturers thereof to print the amount of

'filler' upon the sacks, etc.," and it reports that the

bill do not pass.



The_ report does not meet our approval and we respectfully dissent therefrom for the following J.llbasons:

WEDNESDAY, AuausT 10, 1910.

1415

1st. The bill provides that guano manufacturers shall print upon the sacks the number of pounds of filler used per ton and the source .from which it is made. We believe the farmer is entitled to this protection, for, if he is buying, hauling and distributing hundreds of pounds of cinders, brick dust, marl or any other filler, he should know it. We believe further that such branding would be educative to the farmer and would lead to mote intelligence in the purchase of fertilizers.
2nd. The bill provides further that the manufacturers shall guarantee to t~e farmer each plant food ingredient. The present law guarantees a su~ total of the commercial value of all the ingredients, but under it a farmer may buy one formula for his crops and get an entirely Qifferent composition, which contains the total commercial value, but not in the proportions to produce the results desired. We believe the farmers are entitled to the protection which the bill provides and we therefore pray that .the House will disagree to the report.
R~spectfully submitted,
McMrcHAEL, of Marion,
T. PARKER,
F. G. BooKER,
A. S. REm,
GRADDICK, Li

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JouRNAL oF THE HousE.

N.J. Kmn,

J. T. BELL,

J. M. WALTERS,

T. SHIRLEY,

w. N.

SMITH,

c. E. CANNON,

.J. W. CowAN,

J. 0. PRICE.

MINORITY REPORT.
Mr. Speaker:
The undersigned members of your Committee on Education, beg to make minority report, dissenting from the Committee report, which is favorable to passage of Senate Bill No.2, which provides for the election of County School Commissioners by the people.
In our opmwn to elect County School Commissioners by the people, will bring the common schools of the State into politics, to the great injury of the cause of education.
Respectfully submitted,
II. J. FuLLBRIGHT,

WEDNESDAY, AuausT 10, 1910.
J. B. STUBBS, J. A. KELLY,

1417

w. M. pARKER,
T. H. MAcFARLAND,
F. G. BooKER,
c. E. CANNON.

Mr. Speaker:

The Committee on Education having reported that House Bill No. 221, should pass. The undersigned members of the Committee beg leave to file this the minority report and recommend that the bill do not pass.
W. J. KmD,

J. A. KELLY,

T. J. HARRINGTON,

R. P. MINTER,

A. W. WooD,

w. J.

BAILEY,

Jos. T. KIRBY,

T. R. TURNER,

I. M. ENGLISH.

1418

JouRNAL OF THE HousE.

Mr. Speaker:

As members of the Special Judiciary Committee we dissent from the recommendation of the majority report on House Bills Nos. 11, 12, and 13. Being bills to put Solicitor's General on salary, which was an unfavorable report and file this a minority report and recommend that these bills do pass.
B. L. BRINSON'
Z. v. PEACOCK,
J. 0. ADAMS,
M. C. TARVER,
J. W. CowAN,
B. H. EDMONDSON,
E. WQHLWENDER,
J. F. REDDING,
N. L. GILLIS,
s. T. ELLISON.

To the Honorable Speaker of the House of Representatives.
We the undersigned members of the Ways and Means Committee of the House of Representatives, hereby dissent from the .report of the majority of

WEDNESDAY, AuausT 10, 1910.

1419

said Committee recommending that House Bill No. 193, to tax the cash surrender value of life insurance policies, do not pass for the following reasons :
Because 1st. The cash surrend.er value of said / policy is and would in any appraisal of the estate of the owner be a part of the estate of the owner, be a part of the assets of said estate, and as such should be taxable and bear its own just proportion of taxes, as other personal property is required under the laws. Wor which we the undersigned :file this mi-
nority report, and ask the pa~sage of said bilL
Respectfully submitted,
RALPH BAKER,
L. G. HARDMAN,
R. p. MINTER,
J. s. DAVIS,
J. w. BAILEY.

Mr. 8 peaker:
Senate Bill No. 23, having come before the General Judiciary Committee for consideration, and a majority of the Committee having reported favorably, that is that said bill do pass, and we the undersigned having voted against such recommendation, beg leave to submit this our minority report, and

1420

JouRNAL OF THE HousE.

~or reasons why said bill should not pass. The intention of the bill is to put a class of men and women upon the people as doctors without them having complied with the requirements of the standard now required by law in order to authorize persons to engage in the treatment of diseases.
Therefore we think it dangerous to elevate these people who are at best nothing more than nurses to the dignity of physicians, when in fact they are not.
Respect~ully submitted,
.H. B. Moss, Member General Judiciary Committee.

Mr. Speaker:
A majority of the Special Judiciary Committee having reported that House Bill No. 81, do not pass. 'We the minority having voted adversely upon the consideration of this bill hereby beg leave to submit this our minority report.
We insist that this bill should pass in order that another Act may pass fixing some adequate compensation for jurors in justice courts.
Respectfully,
H. B. Moss, ..Member Special Judiciary Committee.

WEDNESDAY, AuGUST 10, 1910.

1421

},{r. 8 peaker :

A majority of the Special Judiciary Committee having reported House Bill No. 518, adversely, that is that it do not pass. We the minority having voted adversely to the majority, hereby submit this our minority report, and for reasons why said bill should pass, jurors in justice courts are made up from the same list as are juries in the Superior Courts, and as the law now stands they have practically no compensation.
Respectfully,
H. B. Moss,
Member Special Judiciary Committee.

Mr. Speaker:
The General Judiciary Committee having this bill under consideration and having reported the same favorably.
I alone dissented and beg leave to submit this minority report.
(a) Because the said bill is dangerous in that it is not for the public good that a class- of men calling themselves doctors when in fact they are not, should

1422

JouRNAL OF THE HousE.

be allowed to practice their avocation upon an un. suspecting public.
Respectfully,
H. B. Moss, Member General Judiciary Committee.

Mr. Speaker:
We the following membt:lrs of the Railroad Com. mittee beg leave, as the minority of said Committee to report favorably, House Bill No. 481, and recommend that the same do pass.
UPSHAW,
SHEPPARD, WIGHT, of Grady.

Mr. Speaker:

We the undersigned members of the General Judiciary Committee do submit the following minority report on House Bill No. 127.

We do report that in our opinion said bill should pass.

June 23, 1910.

BERRY VINSON,

-w-EDNEsDAY, AuGusT 10, 1910.

1423

SAM F. GARLINGTON,
BEN M. TuRNIPSEED,
H. s. WHITE,
H. J. FULLBRIGHT,
s. L. DRAWDY.

Mr. Speaker:
We the undersigned members of the General J udiciary Committee, beg leave to submit a minority report on House Bill No. 292, same being an Act to make it a penal offense to charge more than 12 per cent. interest and beg leave to submit while a majority of the Committee voted to recommend that said bill No. 292, do not pass, yet we a minority of the Committee voted for the recommendation that said bill do pass, and we therefore as a minority do hereby report said bill and do hereby recommend that said bill do pass.
Respectfully submitted,
FAIRCLOTH,
TURNIPSEED,
DRAWDY,
-MILLER,
Moss.

1424

JouRNAL OF THE HousE.

Mr. Speaker:
We the undersigned members of the Special Judiciary Committee, beg leave to submit the following minority report:
We recommend that House Bill No. 66, being a bill to amend an Act of 1897, so as to extend the right to condemn an easement in the waters of others etc., do not pass.
The bill is a general bill and its sole object is to permit a certain corporation to condemn the property of another corporation in Columbus, Ga., and to adjust differenceS' between said corporations, which we deem to be a matter for the courts and not for the Legislature. The bill is far reaching and by passing it we may enable one company to do a great wrong to another. Futhermore, from the state of facts submitted, we are not satisfied that there is any public exigency which justifies such legislation.
Respectfully submitted,
B. M. TuRNIPSEED,
M. E. PoPE,
W. T TuGGLE,
J. H. ALLEY,
J. H. RoBERT,

WEDNESDAY, AUGUST 10, 1910.

C. H. PoRTER,

c. M.

TARVER,

H. B. Moss.

1425

Mr. Stubbs, Chairman of Committee on Enrollment submitted the following report:
Mr. Speaker:
Your Committee on Enrollment have examined, and found properly enrolled, duly signed and ready for delivery to the Governor the following Acts, to-wit:
An Act to prevent the mending or keeping of tools for safe cracking etc.
An Act to cede lands m Walker county to the United States for a government road.
An Act to regulate the sanitary condition of certain hotels.
An Act' to regulate' manner of selecting official county newspapers.
An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Turner county.

1426

JOURNAL OF THE HousE.

.An Act to amend A'ct approved August 23, 1905, amending Section 2388, Code 1895, relative Building and Loan Associations.
An Act to repeal Act creating City Court JOf ],ayetteville.
An Act to amend the charter of city -of Madison.
An Act to amend Act to establish City Court of Sylvester.
An Act to incorporate town of Ranger.
An Act to amend charter of Decatur.
An Act to provide for fixing salary of Treasurer of Harris county.
An Act to amend incorporating town of Milan.
'Also the following res<;>lufions, to-wit:
A resolution to widen Peachtree Street in city of Atlanta.
A resolution to authorize city of Atlanta to build certain viaducts over the right of way of W. & A. Railroad.
A resolution to pay Auditor and Stenographer in matter of investigation, Keeper of Public Buildings.

WEDNESDAY, AUGUST 10, 1910.

1427

A resolution urging passage in Congress of National Appalachian Reserve.

An Act to increase the efficiency of the inspection of fertilizers and feedstuffs.

An Act to authorize Mayor and Council of Mari-
etta to eall bond election.

An Act to establish City Court of Barnesville.

An Act to amend an Act providing for election of County School Commissioners by the people.

An Act to incorporate town o:f Pine Park.
An Act to authorize the publication of certain Georgia reports.
An Act to anthorize Trustees of Georgia State Sanitarium to establish training school for nurses.

An Act to incorporate the town of Mcintyre.

An Act to amend an Act creating City Court of county of Calhoun.

An Aet to create a new charter for city of Dublin.

An Act amending charter of Willacoochee.

An Act to amend charter of town of Riverdale.

.

.

An Act to amend charter of city of Waynesboro.

1428

JouRNAL OF THE HousE.

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

M1. Speaker:
The President of the Senate has appointed the following Senators as members of the Commission to receive offers for old Governors Mansion property and looking for new site etc., (in accordance with House Resolution No. 295.) Messrs. Mathews, McCollum, and Jackson.
Mr. Stubbs, Chairman of the Committee on Enro1lment submitted the following report:

Mr. Speaker:
The Enrollment Committee have examined and find properly enrolled, duly signed and ready for delivery to the Governor the following Acts of the House, to-wit:
An Act to amend Act to establish City Court of Eastman.
An Act to prohibit pistol carrying except under certain conditions.
An Act to appropriate $35,000.00, to Georgia Normal and Industrial College.

WEDNESDAY, AuousT 10, 1910.

1429

An Act to amend Act to prescribe duties and powers of Board of County Commissioners of Roads and Revenues.

An Act to create a Board of Commissioners for the city of Fort Gaines.

An Act to incorporate town of Oglethorpe.

An Act to authorize county authorities in certain counties to collect taxes 'luarterly or semi-annually.

An Act to incorporate city of College Park.

An Act to amend chartrr of town of Kite.
An Act to create a new charter for town of Luthersville.

An Act to appropriate $11,363.37 to supply deficiency in the Public Building Fund.

An Act to repeal Ad creating county court of Morgan county.

An Act to amend Act establishing Public Schools

for Ocilla.



.An Act to consolidate Acts incorporating town of
.Bowden.

An Act to authorize town of Hogansville to establish a system of water works.

1430

JOURNAL OF THE HousE.

An Act to authorize city of Marietta to issue bonds if bond election so declares.

An Act to incorporate eity of Sale City.

An Act to amend appropriation ACt so as to provide for salary of the Stenographer to the State Bank Examiner.

An Act to revise Act inoorporating the town of Cumming.

An Act to amend Act to establish City Court of

Fitzgerald.



An Act to authorize certain counties to employ a nurse for county jail hospital.

An Act to repeal Act to incorporate the town of Boynton.

An Act to appropriate $15,000.00 to the Georgia State Sanitarium for treatment of tuberculosis.

An Act to incorporate the city of Commerce.

An Act to create a new charter for town of Statham.

An Act to anthorize certain counties to pay costs. in criminal cases to the proper officials.

WEDNESDAY, AuGusT 10, 1910.

1431

An Act to provide a new charter for town of East Point.
An Act to amend Act incorporating town of Austell.
An Act to regulate preparation of live stock for market in Worth county.
An Act to amend Act incorporating town of Norcross.
An Act to amend Section 982, Code of 1895, so as to add Edison to list of State depositories.
An Act to amend Act to create a new charter for city of Marietta.
An A.ct to amend charter of town of Doerun.
An Act to incorporate Oakhurst, DeKalb county.
An Act to abolish City Court of Calhoun county.
An Act to amend Act to establish City Court of Swainsboro.
An Act to fix salary of County Treasurer of Murray county.
An Act to amend Section 194, Volume 3, Code of 1895, re}ative to larceny after trust.

1432

JOURNAL OF THE HousE.

An Act to provide for electing Solicitor of County Court of Putnam county.
An Act to amend laws relating to City Court of Savannah.
An Act to prevent chasing or killing of fox during certain seasons in white county.
An Act. to prevent shooting, trapping or destroying partridges, doves or other game birds in county of Carroll for a period of two years.
An Act to incorporate town of Carnegie.
An Act to create a new judicial circuit.
An Act to provide for municipal election to determine question of local taxation for school purposes.
An Act to amend Act establishing City Court of Washington, Wilkes county.
An Act to amend an Act to incorporate city of Edison.
An Act to amend Act creating City Court of Oglethorpe.
An Act to incorporate town of Sycamore.
An Act to incorporate town of Ellenton.

WEDNESDAY, AUGUST 10, 1910.

1433

An Act to provide for qualifications of managers of election in towns and cities of this State.
An Act to require. Board of County Commissioners of Lowndes county to have streets in incorporated towns worked.
An Act to require Telfair county officers to give bond in surety company.
An Act to amend County Court Ac_t so far as same applies to Charlton county.
Also the following resolution of the House, to-wit:
A resolution to appropriate $281.25 to pay balance past due salary to assistants to State Librarian.
A resolution to refund J. C. Rogers $210.00 on bond of Eddie Harris.
A resolution to make appropriation to meet deficiency in printing fund.
A resolution to submit plans of building on campus of North Georgia Agricultural College at Dahlonega, to the Governor.
A resolution to pay stenographer C. B. Weatherby.
A resolution to provide for bringing up the unfinished business of the House and Senate.

1434

JouRNAL OF THE HousE.

A resolution to provide for purchase of certain Georgia Reports.
A resolution to authorize State Librarian to furnish reports to certain City Courts.
Mr. Stubbs, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
Your Committee on Enrollment have examined and found properly enrolled, duly signed and ready for delivery to the Governor the following Acts, towit:
An Act to amend Section 5261, Code of 1895, relative to witness fees.
An Act to regulate running of automobiles, etc., in this State.
An Act to appropriate $35,000.00 for State School of Technology.
A bill to protect persons furnishing material and labor for public works.
An Act to incorporate city of Helena.
An Act to create a new charter for town of Worth.

WEDNESDAY, AUGUST 10, 1910.

1435

An Act to authorize sale of certain soft drinks in Young Harris.
An Act to amend Act to fix term of office of Commissioner of Pensions.
An Act to confer powers of trust companies on certain corporations.
An Act to regulate recording of executions on Superior Court dockets.
An Act to reincorporate town of Camak.
An Act to amend charter of town of Avalon.
An Act to amend Act to prevent adulteration of food.
An Act to regulate employment of mino~s in messenger service.
An Act to amend Act to create Board of County Commissioners for Washington county.
An Act to create a new charter for town of Baconton.
An Act to incorporate town of Dearing.
An Act to repeal Act to establish City Court of Sylvester.

1436

JOURNAL OF THE HousE.

An Act to authorize Gwinnett county to Issue bonds for public roads.
An Act to require certain counties to pay costs in criminal cases to pr.oper officials.
An Act to amend Act establishing school system in and for town of Louisville.
An Act to amend an Act establishing school system in and for town of Louisville.
An Act to amend Act incorporating town of Mitchell's District.
An Act to repeal Act amending charter of Barwick.
An Act to amend Section 982, Code of 1895, so as to add to list of State depositories.
M:r. Stubbs, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment has examined and find properly enrolled, duly signed mid ready for delivery to the Governor the following Acts, to-wit:
An Act to provide a new charter for the town of East Lake.

WEDNESDAY, AUGUST 10, 1910.

1437

An Act to create a new charter for the city of Albany.
An Act to amend the charter of the town of Kings~ ton.
An Act to amend the charter of St. Marys.
An Act to amend the charter of LaFayette.
An Act to create a system of public schools in the town of Senoia.
An Act to incorporate the town of Candler.
An Act to amend the charter of Buford.
An Act to provide for certain contingent expenses.
An Act to adopt and make of for~e the Code of laws prepared by Jno. L. Hopkins.
An Act to consolidate and amend Acts to incorp~ rate town of Marshallville.
An Act to require County Tax Collectors to keep a record in the form of a cash book.
An Act to amend an Act to provide for local tax district schools.
An Act to abolish the City Court, of Newton.

1438

JouRNAL oF THE HousE.

An Act to amend Act to incorporate Hapeville.
An Act to provide for registration of voters prior to municipal elections in Savannah.
An Act to amend Act to create new charter for Atlanta.
An Act to amend Section 671, Code of 1895, Volume 3, relative to wrongful sale of mortgaged property.
An Act to authorize County Commissioners to create a Board of Examiners of Stationary Engineers.
An Act to provide for establishment of certificates of stock of corporations in lieu of' lost certificates.
An Act to amend an Act to revise and consolidate Acts incorporating Americus.
An Act to amend Section 5.74, Volume 1 of the Code of 1895.
An Act to authorize County Commissioners of Bibb county to issue bonds for water purposes.
An Act to create a Board of County Commissioners for Irwin county.
An Act to incorporate the town of Berlin.

WEDNESDAY, AuousT 10, 1910.

1439.

An Act to create a Board of County Commission. ers for Madison county.
An Act to provide for municipal elections to determine the question of local taxation.
An Act to amend an Act to create a system of public schools for Marietta.
An Act to authorize an election in town of Comer for bond issue.
An Act to consolidate the laws to incorporate the city of Griffin.
An Act to incorporate the town of Lake View.
An Act to prevent the removal of personal property from this State heia under conditional purchase sale.
An Act to incorporate town of Durand.
An Act to amend an Act to create the new charter of city of Newnan.
An Act to create a new charter for the town of Dexter.
An Act to ,amend the charter of the city of Nash~ ville.
An Act to reincorporate the town of Kirkwood.
\

1440

JouRNAL oF THE HousE.

An Act to create the City Court of Madison.
Also the following resolution: A resolution to appoint Commissioners relative to receiving offers for the present Executive Mansion and looking for another site, etc.
Respectfully submitted,
J. B. STUBBs, Chairman.

Hon. Jno. N. Holder, Speaker of the House, in declaring the House adjourned sine die, addressed the following farewell remarks to the members.
Gentlemen of the H 01tse:
Our legislative destination is reached. For the time being, at least, we have run our legislative course, but it is for the constituency of each member to determine whether that member has fought a good fight and has kept the faith.
Last year, when you first assembled in this hall, you selected me to preside over your deliberations. No man was ever more sincerely appreciative than myself of the honor bestowed upon me at that time. As long as my Master permits my existence there will abide within my heart a sentiment of profound gratitude to each of you for the confidence reposed mme.

WEDNESDAY, AUGUST 10, 1910.

1441

''The monarch may forget the crown That on his head so late has been;
The bridegroom may forget the bride Was made his own but yestere 'en;
The mother may forget the babe That smiled so sweetly on her knee;
But forget. thee will I ne'er Glencairn, And all that thou hast done for me.".
When I was chosen as your presiding officer I declared to you that I had no enemies to punish and no special interests to serve. To you, gentlemen of the House, I submit the question whether I have complied with that declaration and have kept that promise. As your presiding o~cer it ha.s been my earnest endeavor to 'be always at my post; to faithfully perform the duties imposed upon me; to be kind and courteous to each member and considerate of his delicate sensibilities; to know the rules of the House; to fairly and imp~rtially enforce them; do not abuse the great power of presiiling officer, but to use it cautiously and wisely for the best interests of the State. I thank God, gentlemen, I can look you in the face and declare with all the earnestness of my soul that I have not used the great power youconferred on me to further my ow~ political or selfish ends, or the political fortune of any candidate or any political faction. I have known no faction.
The impression has gained credence over the State. that this Legislature has spent a major portion of

1442

JOURNAL OF THE HousE.

its time in factional contests, but analyze the votes taken by this House on the most important ques~ tions considered this year, and no factional line up is manifest. On the Income Tax Resolution; Compulsory Education, the Anti-Lobby Bill, Biennial Sessions, Bureau of Labor, Education Measures, Special Appropriations, and other very important questions, there was an obliteration of the line of political division. Any declaration to the contrary will not be bor.ne out by the votes of the members of this House as recorded on these proposed measures. A study of the votes of the members of this House can not fail to convince an impartial and unprejudiced mind that the members of this body were influenced, not by narrow, factional nor party spirit in their official conduct, but were influenced by a desire to do what they since.rely believed to be for the best interests of this State. Neither has this been a do-nothing Legislature. No House at a session of fifty days ever passed on more bills than were passed on by the session which will in a few moments come to a close. Many bills failed either by cause of an adverse report from Committees or by defeat in one branch of the General Assembly. Sometimes it is to the best interests of t11e country not to enact too many bills into laws. Sometimes no legislation is the best legislation: It is not always laws that are needed to correct some evil or to~ ameliorate the condition of a people; but frequently the cause -of complaint is due to a lax enforcement of the laws that already exist. This enforcement of the laws, how~

WEDNESDAY, AuausT 10, 1910.

1443

ever, is not_ a pertinent question for discussion on this occasion, but is merely mentioned.
While some very important bills have failed to receive the requisite Constitutional majority, yet some measures of great magnitude have been written on the statute books of Georgia by this General Assembly. What are some things tlus Legislature did 1 It provided for a new Code; for the pension of Confederate veterans and widows of a certain class; for the better support of that great eleemosynary institution, the Georgia State Sanitarium; for the extermination of black root in cotton; for a mor~ perfect analysis of fertilizers; for the better equipment of some of our educational institutions; for county high schools; for the better collection of taxes ; for cleanUness in boarding houses and hotels; for the protection of hotels against dead-beats; also passed a bill to regulate the running of automobiles; <' bill authorizing county boards of education to borrow money with which to pay teachers their salaries; a bill giving money with which to fight the ''great white plague,'' and last, but not least, a resolution ratifying the amendment to the Constitution
of the United St3;tes authorizing the collection of an
''.Income Tax.'' These and many other bills have been considered and passed by this General Assembly. When this year's taxes are collected the treasr ury of the State will not be in bad condition. This information is furnished by the Chairman of the Committee on Appropriations. (Here Chairman Jones arose and said, "The expenses of the State.

1444

JouRNAL OF THE HousE.

this year will be about five millions three hundred thousand dollars, while the revenue will be about five millions eight hundred thousand dollars.")
The statement of the Chairman indicates that at the end of the year the treasury will not be depleted~ and that our revenue this year will exceed our expenditures about a half million dollars. That is not a bad record.
This House may not have done all it could have done, nor all it should have done, but it need not be ashamed of the record it made.
Gentlemen, allow me to congratulate you upon your attendance on the sessions of the House. There has not been a day when: the roll call lias not shown a quorum present. The average attendance has been about one hundred and fifty members. This shows that several members were absent. The average number of absentees is about the same as .in the past.. The attendance has been good considering there are about eight members of the House who are candidates for re-election, and considering also the proximity of the primary for nominating members of the Legislature. It is unfortunate that the State primary should be held about the same time as the session of the General Assembly. If possible the date of the primary or the convening of the General Assembly should be changed.
Gentlemen of the House, the time for adjourning
be sine die has arrived. I would untrue to the im-

WEDNESDAY, AuousT 10, 1910.

1445

pulses of my nature did I not, in words of earnest emphasis, express the promptings of my heart for every consideration shown me as your presiding officer. No doubt erroneous decisions have been rendered, but you did not consider them of sufficient magnitude to correct them. Each one has been good to me, and not one member has uttered one word in public debate or private conversation to me that harrowed my feelings or wounded my heart. For this ' I am so grateful.
I do not think it out of place to commend the efficient officers of this branch of the General Assembly. Each one has performed well his duty. If there are burdens to the position of presiding officer, those burdens have been made lighter by these splendid officials. The pleasures of the position have been intensified by their faithful service and commendable conduct. At all times the efficient rlerk and his courteous and capable assistants, have been ready with answers to any questions concerning the status of any proposition before the House. These men are industrious, clever and faithful.
Earnest have been my endeavors to so conduct myself that when the gavel is rapped to-night for the last time and this House declared adjourned sine die, that the members of this body can truthfully say that their presiding officer has always been courteous to them and that he .has not do.ne one unfair thing or one unclean act.

1446

JouRNAL OF THE HousE.

Gentlemen of the House, we are about to quit this assembly hall and return to our respective homes. Never again will we all meet together on earth. This is a melancholy thought to me. Right now my heart is aching because we must part. I love each one of you with such .intense devotion that I regret to say good-bye, but it must be said. No metre will we ever meet on earth. As I look up, however, through space and the ethereal regions, and see the blue and vaulted sky with its panorama of brilliant luminaries and indescribable beauties and glories, I know that beyond sky and stars and sun and moon, there is a House not made with hands eternal in the Heavens. One sweet day I hope each one of you will be members of that House, where your membership will be eternal, and where there is a presiding officer who makes no errors and who;.;;e election was made sure before the foundation of the world.
I now declare this House adjourned sine die.

The hour of 10 :45 o 'clcck having arrived the Speaker announced the House adjourned sine die.

INDEX
TO THE
HOUSE JOURNAL
FOR THE
YEAR 1910

INDEX

HOUSE BILLSI

ADULTERATION-

PART 1.

To amend Act relative to__________ 2 239 388 537 1223

Of soft drinks prohibited __ ~_____ _______________

421

To increase efficiency of feed stuffs__________ ____

436

AGRICULTURAL-

To increase efficiency of negro farmers ____ .. ______

390

AFFIDAVITS-

To provide for service of interlocutory hearings___

712

APPOINTMENTS-

Of Mr. Chandler as Chairman of Insurance Com___

228

APPROPRIATIONS-

To appropriate $60,000 to State Sanitarium ____ . _ 8 356
To appropriate $36,300 to State Sanitarium _____ _ 8 356
To appropriate $25,000 and $35,000 to State Sanitarium ________ ---- _____________________ 9 355 740

To appropriate $15,000 to State Sanitarium ___ 1Q7 356 743

To appropriate $5,000 to State University

(Library)-----------------------------107 356 1298

To appropriate $5,000 to State University

(Co. School)______________________________

111

To appropriate $10,000 to Experiment Station_l14 494 746

1450

INDEX

To pay expenses of Committees_____________ .140 157 167

To pay expenses of Committee to re-arrange

Judicial Circuits _________________________ _

144

To approppriate $500 to Friendschafts-bund____ 159 595 7~6

To refund certain moneys to H. Yarborough_____ _

162

To pay Will Kelly for work in Penitentiary_____ _

165

For completion of Tuberculo8is

Sanitarium_____ ---------- 173 309 355 717 774

To appropriate $1,000 for public roads_________ _

175

To appropriate $15,00(}to N. G. A. College __ 217 310 746

To appropriate $5,000 to State Agr. College_- __ _

218

To amend appropriation for Soldiers Home _____ _

239

To erect monument to Wm. H. Crawford____ 242 787 1255

To erect monument to Jos. E. Johnston________ 296 721

To erect building at G. N. & I. College-'--------- 302 4:31

To erect heating plant for State Uni-

versity_______________________ 302 493 509 525

To appropriate $25,000 to State Normal SchooL_ To appropriate $35,000 to Technological
Scho~------------------ _____ 303 558 562 To build wall around Resaca Cemetery_________ 306 To erect monument to Confederate Veterans______ To pay deficiency in salary of Librarian___ 320 354 To refund" money to John D. Walker____ 33~ 595 To pay for renovating State Library_____ 344 495 To refund money to J. R. Hubbard______ 366 495 To pay I. H. Oppenhiem $1,000_______________
To appropriate $10,000 annually to State University______________________ -_-__________

303
1295 586 307 599 602 602 703 368
368

To appropriate $10,000 to State Bd. of Entomology______________________ 378 537 756

To pay .T. F. Lynch $1,000 __ -------------------

391

To appropriate $2,000 to complete Cemetery at Marietta_________________________ 421 537 708

To appropriate money to public building fund____________ _____________ 436
To pay C. B. Weatherly________________ 476 To appropriate $290.97 to Dept. of Agr_______ _

538 1130
518

To appropriate $25,000 to erect building on University Campus __________________________ _

To appropriate money to pay W. L. ~lichaeL ____ _ To pay T. F. Cobb $150------------------~---To meet deficiency in printing fund______ 594 787 Conditions under which made for repairs, etc ____ _ To erect building on State Farm ______________ -_

778 1290
787
557 558 579 1253 641 642

INDEX

1451

To employ money arising from Indian Spring ____ _ To appropriate $2,000 to State Board of
Health____________________________ 1031 1131
To pay W. C. Miller $100 __ ----------------- 1003 To pay Stenographer to Public Property Com____ 1130 To pay for water________________ 1170 1232 1279 To refund $160 toW. T. Moon _________________ _
To refund $58.88 toW. F. Moon_--------------To pay W. C. Miller $100________ . ------------- 1003

723
1299 1104 1250 1374
979 1002 1104

ATTORNEYSTo define rights of ______________ ... - _- ___ -- __ 296 794

AUDITOR OF STATE ACCTSTo create-----------.-------------------------

1385

AUTOMOBILES-

To regulate running of_ ___ _ 110 180 243 257 258

1341

Unlawful to use without owners consent .. ________

985

BANKS AND BANKING-

To amend Act to incorporate Citizens Bank of Valdosta_________________________ 216 392
Unlawful to draw checks unless sufficient funds___ To create Bank Bureau in Treasury Dept,_____ 1144

455 328 1162

BARBERSTo regulate practice of_ ____________ _

287 2!-J6 334

BILLS OF EXCEPTIONS-

At what term of Supr.:m~ Court to be docketed

303

1452

INDEX

BILLS OF INDICTMENT, ETC-

To authorize amendments to __ -----------------

216

In what instances niay be drawn by Solicitore-

General ---------------------------------

731

BI-ENNIAL SESSIONsSo as to provide for ___________________. 123 129 130

BOND8-

Hall County to issue ___ --- _____________ 111 Bibb County to sell bonds___________ . ___ 188 Hogansville to issue_ ~ __________________ - ____
To amend Act authorizing Marietta to issue- 2 585 586
To authorize town of Comer to issue _____ 1032
Gwinnett County to issue for road pur- poses ____________________________ 1003

306 607 ;{89 475 595 1132
1038

346 631 461 476 60H 1173
1074

BOND COMMISSIONFor Fort Gaines_______________ -~- _____ 157 249 351

BOARDS OF HEALTHTo adopt standard transit permits_______ 321 536 1247

BOUNDARY LINEsTo establish between Ala. and Ga _______ 367 786 1C40

CHARTERs-

Griffin laws consolidated ______________ 113 306 347 1149

Grady to amend _____________________________

118

INDEX

1453

Worth to create_--- ____________________ . _.118 307

Atlanta to create and amend_ ---216 255 310 421 581 1173
Fairbum to amend________________________ 255 440 Unadilla to amend________________________ 257 440 Cairo to amend______________________ ~_______ 308 Statham to create ________________________ 321 440 Luthersville to create ______________________ 344 441 Newnan to amend ________________________ 365 425 Waycross to amend _______________________ 368 441 Powder Springs to amend __________________ 377 442 Hogansville to ame11.d ___________________ ___ __ 389 Lithonia to amend ________________________ 390 438

Avalon to amend ___________________ .390 498 544 Martin to amend _________________________ 391 498

Madison to create---------- _________ _421 596 619 Arlington to create ______________________ _422 477 Doerun to amend _________________________ _445 538

Marietta to amend _____________ 475 595 610 _ 617 West Point to amend__________________________

Rossville to amend-------~----------------506 571 Albany to create------------ ________ 533 570 620 Baconton to create--------~---------------547 749 Grantville to amend __ --------------------578 749
Kite to amend---------------------------594 749
East Point to create __ ---------------------- 612
Kingston to amend ----------------------711 750 Macon to amend_________________________ 747 1167

Willacoochee-to amend ___________________ 766 987 Dublin to create_- ___ - ___________________ 767 986

Riverdale to amend _______________ -~-----167 987 Waynesboro to amend____________________ 784 1042

LaFayette to amend ___ -----------1031 1131 1172 Decatur to amend ____________________________ 1032

East Lake to create ________________ 996 1038 1138

Lexington toamend---------------------976
Buford to amend-----------------------1057 Barwick to amend _____________________ 1125
Calhoun to amend _____________________ 1126 Nashville to amend _____________________ 1127

1039
1131 1171
1232 1172

Dexter to create------------------------1169 1231 Oxford to amend_~ __ -- ____ -- _____________ ----

St. Marys to amend---------------------------1232

349
'f99 1020
452 457 349 448 454 451 458 452 461 460 1249 544
1249 612 622
1271 496
622 1311
794 983 797 1032 764 1018 1021 1000
1000 1018
1372 1131 1341
1074 1174 1234 1269 1234
1269 1170
1266

1454

INDEX

CIVIC CENTERIn Atlanta ___________________________ ------ 321 1166

CODETo adopt Hopkins Code _____ ll5 4a9 1165 1183 1225

CODE AMENDMENTs-

To amend Sec. 2i76 of Civil Code ______________ 109
To amend Sec. 5182--.-------------------109 306 To amend Sec. 2059 Vol. 2 of Code______________ To amend Sec. 813 ____________________ 114 4:38
To amend Sec 3692------------- -----------To amend Sec. 982 Vol. 1 of Code (Gordon) 173 309 To amend Sec. 574 Vol. 1 of Code __ 174 297 422
576 643 773 To amend Sec. 974 of Penal Code -------------To amend Sec. 939 of Penal Code ______________ 175 To amend Sec. 4147 of Code ___________________ 176
To repeal Sec.'s 871, 872, 873 Vol. 1 of Code______ To amend Sec. 787 Vol. 1 of Code______________ To repeal Sec. 1110 Vol. 3 of Code______________ To amend Sec. 4147 of Code __________________ 190 To amend Sec. 2166 of Code___________________
To construe Act to amend Sec. 2388 of Code _188 607 To amend Sec. 194 Vol. 3 of Code _______ c241 568 To amend Sec. 1643 Vol. 1 of Code______________ To amend Sec. 3828 of the Code________________ To amend Sec. 220 of Criminal Code--~---30:3 304 To amend Sec. 1i78 and 1781 of Code _________ _ To amend Sec. 958 Vol. 1 of Code _____________ _ To amend Sec. 188 Penal Code _______ .. ______ 355 To amend Sec. 1S82 Vol. 2 of Code. ___________ _ To amend Sec. 2166 of Code _________________ _
To amend Sec. 982 Vol. 1 of Code (Edison)_422 498 To amend Sec. 4646 Vol. 2 of Code ____________ _ 437 To amend Sec. 982 Vol. 1 of Code (Canton)445 495 To amend Sec. 2279 of Code ______ _480 571 579 To amend Sec. 60 Vol. 3 of Code _____________ o To amend Sec. 63 Vol. 3 of Code ______________ _

305
426 113 1147
161 386 520 1356 175 568 568
187 188 189 763 190
734 7:32 255 287
730 304 345 1106 376 390 635 1148 577 1161 481
481

INDEX

1455

To amend Sec. 3250 Vol. 2 of Code ___________ _ To amend Sec. 4708 Vol. 2 of Code _________ --To amend Sec. 1354 Vol. 1 of Code_____________ To amend Sec. 3149 of Code__________________ To amend Sec. 1496 of Political Code ___ ----___ To amend Sec. 2779 of Code. ___ -------------To amend Sec. 2783 of Code__________________ To amend Sec. 2388 of Code _________ . - _188 607
To amend Sec. 2780 of Code-----------------To amend Sec. 574 Vol. 1 of Code_____________
To amend Sec. 4:312 Vol. 2 of Code------------ 747 To amend Sec. 881 Vol. 3 of Code______________ To amend Sec. 5017 of Code___________________ To amend Sec. 1378 Vol. 1 of Code_____________ To amend Sec. 5261 Vol. 2 of Code____________ To amend Sec. 982 Vol. 1 of Code (Ringgold) 1069 1232 To amend Sec. 45.56 of Code ___________ ---- ___ To amend Sec. 3471 Vol. 2 of Code_____________ To amend Sec. 5403 of Code__________________ To amend Sec. 5404 of Code__________________

481 482 496 496 517 607 607 734
607 643
986 798 798 1066 1074 1267 985 999 1299 1303

COLuMBUS COMMONSTo authorize sale of part oL _________ - _174 309 349

COUNTIES .AND COUNTY 1\IATTERS-

When liable to expense of arrests ________ 111 306 To fix salary of Treasurer of Coffee Co _________ _ To regulate expenditure of Co. fund,: ___________ _
To apportion road fund between l\Iilitia Dists __ 186 To regulate butchering in Ware Co _____ 189 310 Officers of Telfair Co. required to give bond_-419 785 To regulate butchering in Worth Co _____ -481 569 To cede certain lands in Walker Co. to U.S. GovL 496 To regulate butchering in Ben Hill Co ____ 547 .596 County Tax Collectors to keep cash book ______ _

1148 119 141 439 352 981 611 797 608
1312

COMMUNICATIONSFrom Hon. B. M. Blackburn _________________ _

7 1360

1456

INDEX

From Hon. Jno. W. Lindsey... --------------From Hon. Thos. E. Watson__________________
From Hon. J. L. Barron---------------------From Hon. Barry Wright____________________
From Daughters of Am. Revolution____________
From Farmers Union No. 1764---------------From Ga. Poultry Association ........ __ ...... _ From R. F. Duckworth_______________________
From Farmers Union-,- Fannin Co.. _____ ...... _
From W. A. Shackelford______________________
From Hon. Hooper Alexander..._____________
From Prest. AI>palachian Exposition.......... _ From Hon. John M. Slaton ______________ ~----
From Hon. F. M. LongleY------------------From Atlanta CounciL __ ........ ___ ... ___ .. ___

120 132
178 227 236
403 405 408 410 413 474
701 813
1151 1151

COMMISSIONERS OF ROADS AND REVENUES-

For Clayton County____________________ 108 139 For Spalding and Butts County __ . ____ .. 114 307 For Turner County __ . __ .... __ ...... ___ .116 307 For Monroe County....... .:.~---------------For Liberty County_________________________ _
For Hall CountY-----------------------187 310 For Warren CountY------------------------- 331 For Worth CountY-------------------------~-To create Bd. of Examiners of Stationary En-
gineers .. -----------------------------354 543 Authorized to protect public ways.. ___ ._ 377 537
Authorized to allow tax payers to pay quarterly ...... __ ... __ .......... __ ... 378 986
For Dodge Co _________________________ .. 422 569 For Madison Co. (to create & repeal) 423 538 61"1 For Sumter Co. (to work streets) _____ . __ . . . . . . _ For Washington Co.. ____________________ 446 569
For Putnam County_____________._____ .. 500 570 For Banks County ______________________ 501 570
For Warren County_____ . ___________ . __ ..... .
For Franklin County.... ".-----------516 595 614 For Chattooga CountY------------------519 570 For Carroll County __ . __ . ___ .. ____ :_._. 546 785 For Ben Hill County-to prescribe duties.547 595 For Calhoun County-to increase number.729 786 For Irwin County. ___ ... _._ . _..... _... _..

154 347 348 117 186 350 497 345
1140 1299
1002 614 616 424 622 621 637 504
1146 621 984
. 608 982 76&

INDEX

1457

In certain Counties to work roads running through
towns------------------------------------For Macon CountY---------------------977 1040 Of Lowndes Co. to work roads in towns-_ 977 1040
For Irwin CountY----------------------------1040 For Ilabersharn CountY-----------------------1127 For Ilouston County__________________ 1128 1166
For Butts CountY---------------------------" Of certain Co.'s to pay costs in certain cases__ ----

1039 U38 1136
1049 1231 1235
989 1017

COMMITTEE ASSIGNMENTSOf new rnembers_____________________________ 100 1147

COMMITTEES-
To notify Governor of Organization-____________ To select site for museum--------------------To visit Chattanooga over W. & A. R. R_________ To see to sale of Governor's Mansion--:--------

6
328 466 1277

CONSTITUTIONAL AMENDMENTS-

State authorized to borrow $600,000-115 356 784 To amend Par. 2, Sec. 6, Art. 7, of_ ____________ I88
357 1166 To amend Par. _2, Sec. 2, Art. 7 oL-------223 236 To amend Sec. I, Art. 7 of------------------ 297 To amend Par. 2, Sec. I, Art. 11 of___________ To amend Par. I, Sec. 2, Art. 7 of_ ___ 364 597 110I To amend Par. I, Sec. 2, Art. 3 of_ _______ 402 78I To amend relative to salaries of Superior Ct. Judges To amend Par. 3, Sec. 2, Art. 5 of--------,---- 5I8 To amend Par. 8, Sec. I, Art. 5 of- _______ 536 I065 To amend so as to restrict electorate to white citi-
zens--------------------------------------To amend Sec. 7,. Art. 6 of------------------- 79I To amend Sec. I, Art. 8 of____________________
To amend so as tb provide for appointment of
Judges and Solicitors---------------------To amend so as to abolish office of Solicitors-Gen- ,
eral-----------------~---------------------

1o53 354 972 IOI2 99I 33I 112I 790 480 585 108I
642 971 1053
I053
I098

1458

INDEX

To amend so as to increase salary of Comp. Gen-
eral--------------------------------------To amend so as to limit appeals________________

1130 1011

COURTS, CITY AND COUNTY-

Of. Hall County to amend _______________ llO 305 372

Of Danielsville to repeaL __________ ---- ___ 112 306 363

Of Cuthbert to create----------------------

116

Of Douglas to amend ___________________ 116- 307 371

0f Ellijay to create ____________,___ 117 356 1029 1052

Of Washington to amend_______________ 118 357 446 Of Waycross to amend __________________ 143 308 455

Of Greenville to amend _________________ 158 296 373

Of Calhoun Co. to abolish _______ - ______ 187 438 455 Of Oglethorpe to amend ________________ 189 536 631 Of Newton to abolish__________________ 190 497 543

Of Sylvester to amend _______________ - _____ _ 305 427

Of Hazelhurst to amend________________ 319 359 426 Of Ashburn to- amend__________________ 320 359 372

Of Floyd Co., to amend ______________.___.320 359 387

Of Savannah to amend_________________389 785 980

Of Putnam Co-, to elect Solicitor________ 391 498 504

Of Fayetteville to repeaL _________ 391 498 Of Pulaski Co., to repeaL ______________ _414 Of Eastman to amend _________________ _420 Of Morgan Co., to repeaL ______________ _423 Of Madison to create___________ _423 596 Of Nashville to create ___________ - _________ _ Of Barnesville to create ________________ 507

502 1106 537 634 538 634 596 633 632 1312 482 539 785 982

Of Leesburg to abolish_________________ 507 785 980

Of Charlton Co., to abolish ______________ 518 785 1001 Of Swainsboro to amend_______________ 533 595 635

Of Fitzgerald to amend~-------------~-534 596 636 Of Calhoun to amend-~----------------730 786 984 Of McRae to amend___________________ 730 786 983

Of Cordele to repeaL __________ --.- _____ 747 786 1222

Of Cordele to amend ----------------------Of Sylvester to repeal __________________ 799 Of Sylvetser to amend _________________ 799 Of Quitman to create __________________ 1232 Of Quitman to repeaL _________________ 1233

1136 1135 1268 1268

748 1018 1018 1290 1290

INDEX

1459

COURTS; SUPREME AND SUPERIOR-

Of Liberty County, time for holding changed_112 To create Chickamauga Circuit______________ _
To increase number of terms of Whitfield Superior Court_ _________ ---- __________ 217
To change time of holding in Dougherty &
Mitchell Counties __________ -- __________ 533
To provide for four terms of Court of Crisp Co.783

2'96
293 570 1038

330 189
371
636 1222

CONVICTS, ETC-
To amend Act to regulate future employment of 141 241 358 579
To regulate sale of convict made goods_________ 143 607

COUNTY SCHOOL COMMISSIONERs-

To repeal Act to elect by people (2)----------To substitute County Supt. of, for____________ _
To amend Act to elect by people________ 517

113 257 354
570 1068

CORPORATIONS-MUNICIPAL--

Candler incorporated_ - - _. ----. -- 111 306

Carnegie incorporated____ --------_----- 112 Sycamore incorporated _____________________ _

Sycamore Act repealed _________ - _____ - 117

Hagan to amend Act____________ 158 309

Union Point to amend AcL- _-- __ -- ____ 160 Ila to incorporate __________ - _- ___ - ____ 190

Atwater to repeal Act ___ - _- _-- c---- _-- 256

Ellentown to incorporate_______________ 331

Camak to amend Act__________________ 331 Sale City to incorporate ____________ -~- ______ _

Kirkwood to re-incorporate ____ - 345

442

Pineview to amend Act________________ 345

Americus to amend 'Act____ 365 368 425 Wilburn to incorporate- ______________ - _____ c

Oakhurst to incorporate________________ . 367

Milltown to amend Act________________ 367

347 441 117 307 347 301 310 ,439 441 443 344 449 425 426 366 441 442

1059 451 308 348 350 322 352 456 457 503 619
1249 458 459 425 453 450

1460

INDEX

Unadilla to amend AcL- _- ------------ 377

Lilburn to incorporate __ --------------- 389

Helena to amend________ 419

443 454

Bowden to amend ______ --------------- 420

Edison to amend _____________ -_-_----- 420

Manchester to amend___ -_------------- 420 Austell to.amend _______________________ 422

Brooks to incorporate __ --------------------Columbus to amend________________________ _

Boynton to repeaL ______ --- _- _- _----- 501 Cumming to amend___________________ 517
Pine Park to incorporate ___ -_-_-_- ___ - 517
Cuthbert to incorporate ____ ----------------Maples to repeaL _________ ----_-_-_--- __ ---Commerce to incorporate_______________ 710
East End to incorporate ___ ------ 729 986 Mcintyre to incorporate- _________ - __ -- 729 Cornelia to amend _________ - _--------- _____ _ Oglethorpe to amend__________________ 783 Dearing_ to incorporate ____________ -_-__ 784 Norcross to amend ________ --_-_-_-_-_- 1003
. Marshallville to amend ___ ------------- 977 Mitchells District to amend- __ - ___ -_-__ 1058 Berlin to incorporate _______ -_-_-_-_-_- 1058 Durand to incorporate ______ --- __ -----_ 1125 Milan to amend_______________________ 1125

Ranger to incorporate----------------- 1017 Hapeville--to amend __________ ----- ________ _

442 438 477 476 477 476 476 437
571 571 571
750 1020
986 767 1043 1137 1039 1040 1132 1132 1150 1231 1131

460 461 635 618 618 618 613 452 459 610 618 620 547 612 796 1341 1000 986 1018 1018 1139 1137 1175 1175 1235 1269 1172
1176

COSTS AND FEES-
Campbell County to PRY-~------------- 366 442 449 Certain Counties to pay____ 641 749 1182 982 1234

CORPORATIONS, STOCK COMPANIES, ETC-

To confer powers of Trust Companies upon ____ _ 172 329
Requirad to render semi-annual statements_______ Required to have regular pay days______________

309 795 607 1057

INDEX

1461

CRIMINAL LAWS-

Wife compete~t to testify against husband, when_

142

Penalty for Larceny after Trust_________________

365

DEEDSTo provide for recording certified copies of_______

1185

DEFENDANTS-

In criminal cases to be sworn and testify_________

216

DEFENSESTo regulate manner of filing____________________

1039

DEPOSITORIES-
In Ludowici__________________________________ First National Bank of LaFayette_______________

241 1170

DIVORCETo provide service by publication ____ -__ 798 1039 1185

ELECTIONS AND ELECTION LAWS-

To prohibit betting OD------------242 304 439 Who shall vote in stock law elections ___________ 291
To prescribe qualification of Managers of________
To amend Act governing primaries_330 ~0 594-
Local elections to determine taxation for schools ____________________ ----~518 571 1069

462 569 313 1038
1341

1462

INDEX

EDUCATIONAL-
To compel attendance at schooL ___ - ________ - __ 323 334 1026 1062 1090

-ENGLISH SPARROWS-

County Treasurers to pay for killing____________

161

EXPERIMENT STATIONTo amend Act to create ______________ -------- 111 1i49

EXECUTIONS-

To dispense with recording in certain cases-257 569 763

To be recorded in Counties where land lies_______

1186

FEMALES-Procuring for immoral purposes_________ 172 536 1316

FELONIES-

To prescribe punishment for___________________

113

FERTILIZERS-
To amend Act to regulate sale, etc., of __________ 141 357 To increase efficiency of inspection oL ____ 787 1228 1245

FOXESTo regulate hunting in White Co---------158 713 980

INDEX
FIREMANS RELIEF FUND-,To create in certain cities_____________________

'!463
110

FISH AND GAME-',

To protect against drift nets__________________

113

To protect in HiawaSf!ee"Rivei----------140 308 351

To protect in Carroll Co----------------255 497 503

To protect fish_____ _________________________

496

To amend Act for protection of_________________

797

To regulate catchihg of sturgeons______________

798

FINES AND FORFEITURES-

To disp!>se of arising in Richmond Co___________

747

GARNISHMENT-

To prohibit assignment of wages----~----------

142

GRAIN AND HAY-

To provide for inspection of___________________

978

HOGS-
To repeal Act to prevent running at large on St. SimOI).S Island ________________________ 1128 1171 1232

HOLIDAYS-

Each Saturday in certain cities______ ~-________

256

HOTELSTo regulate sanitary condition of--------------1074 1184

1464

INDEX

INSURANCE-

When Fire Ins. Co.'s do business on Assessment
plan----------------------114 437 977 1131 To fix fees to be paid by storm & fire Co.'s-187 249 To regulate deposit required oL---------242 1050

1264 333
986

INSANE PERSONs-

Relative to waiving notice, etc________________

8

JOINT SESSIONS___ - _____ -------------_--- ___ "__

210

JUDICIAL CIRCUITs-

To rearrange_________________________________

143

To detach Bulloch Co. from Middle Circuit.,----- 712 750 To create new Circuit________________________ 748 1143

JUSTICE OF PEACE-

Women declared eligible_______________________

143

JUDGEs-

To provide for rotation of_ ______________ _:_____

215

Prohibit from expressing an opinion-------------

216

To provide for rotation of______________________

749

LABOR AND LABOR STATISTICs-

To create Department oL--~------------------

437

LEGISLATIVE REFERENCE BUREAUTo create ______ --- ___________________ -------- 304 720

INDEX

1465

LEGISLATIVE COUNSELTo register_ --------- _------------------------ 303 1294

LIENs-

In favor of Blacksmiths----------------------

115

In favor of persons hauling 'stocks, etc.,_- -160 357 1105

LICENSEsTo issue to persons conducting church festivals-- 332 447

LIS PENDENs-

To provide for filing notice of------------------

161

LIQUOR AND LIQUOR LAWs-
To prohibit sale of malt in Ga------------------ 215 358 To prohibit drinking on trains----------------- 247 358 To prohibit sale of beer in Randolph Co-----_____ 305 462

MARRIAGE LICENSETo regulate application for----------------~---
MEDICINEsTo regulate itinerant vending of.-..............
MEMORIALsFrom African Church of Columbus------------

159
1317
107

146.6

INDEX

MESSAGEs-EXECUTIVE6 9 195 259 380 647 1061 1367

MESSAGES-SEN ATE--

1051 1262

532 1085 1292 1361

409 545 1108 1305 1366

299 435 646 1125 1312 1382

222 318 478 733 1153 1323 1385

170 229 322 491 765 1165 1340 1387

5 194 257 373 513 799 1190 1344 1391

130 212 286 381 524 1047 1004 1351 1428

MINORS--

To regulate employment of in messenger 8ervice __ 421 482

1076 1118

Contracts, etc., valid when given for education- __

1067

MISCELLANEOUs-

To protect persons buying property____________ To regulate manner of filing defence in courts____ To extend suppression of contagious diseases
among live stock_ ---------------------319 440 Court officers to keep itemized list of receipts____ To amend Act to establish farms for confinement
of prisoners __ . _____________________ 376 497 Unlawful to publish abusive language of another_ 422
Unlawful to cut timber on lands of another _____ _ . Property without lawful owner to belong to State 425 To give Counsel notice in caees decided in Supreme
Ct. & App. Ct _____________________________ _
To abolish drinking cups in public places_______ .1126 To protect persons furnishing labor and material"
on pub. works.-----------------------------
'fg preve~t fl}~CIYa.l of oert~!n ~ropeft;y ff<.!U\ State

304 318
131:3 365
632 502 1107 424 1264
71~
12611

INDEX

1467

MEMBERS SWORN IN-

Hon. E. B. Martin ________-------------------

7

HHoonn.. DR.oyC. DP.icSkteuttb_b__s_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_--_

MILITARY AFFAIRS-
'\
To amend Act to reorganize State Militia-------

1126

NEWSPAPERS-
To regulate manner of selecting County official
new~papers_________________________________

1277

NURSESCounty Physicians to employ_________ 1039 1138 1003

OPTOMETRYTo.regulate practice of,-----------------------

1176

ORDINARIES-

Providing for pro. hac vice in certain cases-109 305 463

Compensation provided for (near beer tax)--~---

142

PARDONS-
Applicants for to give notice_____ _ 116 35T . 507 1264

PENSIONS-
. ~ .:.

To Mrs. R. A. Lynn___________________ 140 221 589

"To Mrs.. J. W. Harding-----------------------

141

1468

INDEX

To enforce an amendment to the Constitution relative to____________________ - ___ -_--------
To A. V. Toole ___________________ - _______ -_-- 248
To estate of Jessie Carter ___ - ___ - __ ----- _-----To Mrs. Martha Crow__________________________ To Susanna B. Smith_______________________ _ 602 To Mrs. Wm. Reese Cook___________________ _ 642 To A. H. Harrison ________________________ ~_ 765 ToR. W. Tullis _____ : _______________________ _
To relieve disabilities of certain confederate soldiers____________________________________
To Mrs.. Daniel Reed _________________________ -
To Mrs. M. J. Green (due W. S. Dodgen)--.______ To I. N. Burney_ _____________________________
To Mrs. Sarah Riggs__________________________

231 1130
390 414 643 786 1171 798
1056 1057 1057 1128 1306

PISTOLS--

Unlawful to carry____ ---- __________________ _ 183 1312

Prescribing manper of carrying __ . __ . __________ _

248

PLEADINGS AND PRACTICE-

To regulate pleadings in cases of negligence_____ 166 179

To regulate practice before Aurlitors___________ "_

296

To regulate practice in possessory cases-_------__

304

POOLsTo prohibit pool making, book selling, etc______ -_

1058

PRIZE FIGHTING-

To prohibit the exposition of, by moving pictures

320

341 537

PRINTING-

200 copies of H. B. 22L -----------------------

118

l}.jl)EX

1469

200 copies of H. B. 74- _ ---------------------200 copies of H. B. 863 _______________________ _ 200 copies of S. B. 173________________________ _ 300 copies of Governor's Message_______________ _ 200 copies of Bill to amend Par. I, Sec. 2, Art. 11,
of Constitution __________ . _______________ _
200 copies of S. B. No. 133---------------------

242 402 424 703
1090 1343

PRISON COMMISSION-

/
To amend Act to create________________ 172 250 1304

Authorized to erect buildings at State Farm _____ _

1131

RAILROADS AND STREET RAILWAYS-

To increase safety of travellers_________________ _
Interurban Companies to use Street Ry. tracks __ _ Prevented from using double headers _________ ~ __ To repeal laws as to operating trains at road cross-
ings------------------------------------Authorized to acquire other Companies_______ _ When Railroad Charters become dormant 424 499

141 174 319
355 414 1051

REGISTRATION LAWS-

In Fort Gaines____ -_- __ --------------- 158 249 351

To provide for permanent registration___________

217

Relative to registration in Savannah___________ 241 440

450 989

RESIGNATIONS-

Of Chaplain _________ --------- __ -_-_---------_

156

RELIEF-

Of Keith Carson _____ ---- ___ ------------------

158

Of J. C. Rogers_----_-------------------------

387

1470

INDEX

Of heirs of Sherman J. Sims______ 495 515 532 555

580 1304

Of W. H. Dillinger _____________________ -______

1348

REPORTS-SUPREME COURT-

To purchase__________________________ 414 713 764

Librarian to furnish Stewart County_____________

547

To republish__________________________ 594 713 795

Relative to sale of_ __________________ ---_______

711

To furnish to certain city courts _______ -________

762

ROADS AND BRIDGES-

Minors exempted from Road duty_______________ To create State Road Commission_______ -_____ 304 To repeal Act to alter and amend road laws____ 319
To create State Bureau of Highways_____________ To regulate width of wagon tires, etc_-----------

241 1256
536 632 378
729

REPORTS OF COMMITTEES--

On Counties and County Matters__ 136 221 285 487 554 768 1035 1129
General Judiciary __ _ 137 176 219 283 343 . 428 507 529 548 604 737 806 1157
Special J ~diciary___ _ 138 192 232 316 338 484 529 598 606 639 769 1078 1006 1265 1310
To re-arrange Judicial Circuits _______ - _______ _
Appropriations _____ 156 193 234 334 . 486 Of Committee to recommend Chaplain ________ _ Ways and Means__________ 180 484 804 1060 Pensions ___________ 191 551 593 1116 1156
Of Committee to report on returns of taxable prop-
ertY------------------------------------Public property_________________ 219 814 1081 State Sanitarium___ - ______ --- __ --------_____ 221

393 1158
408 1036 1323
394 1187 1339
144 528 157 1160 1309
21 10 1 812

INDEX

1471

Corporations________ 233 369 398 430 434 531

553 567 738 808 1033 1077 1114

1188 1008 1020 1230 1287 1321

Banks and Banking __ ----------- 235 370 489 1231 Rules__________________________ 250 298 483 549 Enrollment___ 251 300 374 400 545 753 809

1287 1324 1355 1425 1428 Roads and Bridges ____________________ 252 529 1024 Temperance _________ .. ____ 314 748 772 1076 1311)

Hygiene and Sanitation ____ 315 398 528 1034 1265

General Agriculture 316 526 1080 1159 1229 1320

Education ____ ----_- 317 488 551 566 748. 1080

1117 1339

Constitutional Amendments- ____ - 334 508 593 767

1079 1128 1159 1008 1309 Railroads ________________ 336 490 566 772 1079

U. of Ga. and Branches__ - _____________ 337 526 810

Penitentiary________ ------ 337 490 769 1034 1320

W. & A. Railroad-------------- 397 1117 1160 1193

Military Affairs ______ - _----- _______________ _

398

Labor and Labor Statistics_-- _______ -_-_--- __ 429 804

Insurance---------------------------- 429 1115 1275 Game and Fish __________._______ 489 638 805 1321

Academy for Blind_---"----------------------School for Deaf ______________________________ _
To select site for Museum _____________________ _ Public Library__________________________ ---- __ Special Agriculture___________________________ _ To investigate Convict Camps __________________ _

552 640 706 771 772 1236

To investigate State Sanitarium________________ _

1392

REPORTS-MINORITY-

Constitutional Amendments---- ____ -----------Special Judiciary Committee_____ - 1220 1409 1410
1418 1420 1421

W. & A. Railroad_--------------------------
Railroads_---- __ ------------ ___ -----------Constitutional Amendments__________________ General Judiciary _________ 1412 1419 ~421

1408 1411
1422

. General Agriculture._.----------------- Education................................... 1416
. Ways ancl Meana .........

1009 1412 1424
1402 1422 1412 1423
1414 1417
1418

1472

INDEX

SALARIES-

Of stenographer of State Bank Examiner______ _
308 494 Of Treasurer of Coffee County __ -------- 119 Of Treasurer of Webster County _____________ _
Of Treasurer of Murray CountY--------------Of Treasurer of Heard County__________ 766 Of Treasurer of Harris County__________ 1057 Of Treasurer of Haralson County________ 1058 Of Judges of Court of Appeals ________ 1336

119 754 425 480 711 1040 1132 1132 1374

159 1278 449 638 1136 1049 1174 1174 1383

SOLDIERS' HOME-

To amend Act to accept_

239

STREETS AND ALLEYS-

To vest title to certain streets in City of Columbus

240

To amend Act tq require paving of streets in Savannah__________________________ 240 440 453

To ratify closing of Ansley street in Decatur____ 345 441

458

STOCKS-

Lost certificates of to be re-established________ _ 154 1313

STOCK LAW-

Relative to__ ------- ___ -_- ______________ --____

366

To prohibit turning out stock in stock law counties}

446

SCHOOLS AND SCHOOL LAWS-
To create a system of, for Lithonia __ -_- ___ ---- 333 353 To revise relative to State Board of Education-_ 354 524 To revi3e eo as to substitute State Superintendents
of schools- - ~-- -- ---- - ____________ 355 1070 1142

INDEX

1473

To creat~ system of, for Lavonia ________ 366
To create system of, for Powder Springs 377 To create system of, for Sparta_- __ 391 498 To create system of, for Senoia__________ 480 To create system of, for Ocilla__________ - 506 To create system of, for Louisville(2) 1032 1047
To create system of, for Marietta_ 1056 1105

425 497 633 538 750 1139 1176

448 577 1041 623 981 1140 1374

STATE HOUSE OFFICERs-

To fix term of Pension Commissioner. __ - 160 To provide for succession of Governor _________
To provide Assistant to Pension Com- __ 519

309 1076 247 1356 596 1250

SUPERSEDEAS-

To provide for in County Courts----------------

446

SCHOOL DISTRICTs-

To incorporate Tennille School District- . 118 497 503

To amend Act to provide for Local Tax District

Schools----------------------------------

1067

SUPPORT-

Of minor children when living separate from father

985

STENOGRAPHERFor Insurance Department- 174 439 1278

TAXES AND TAX LAWS-

To amend General Tax Act relative to tax on Dogs 108 112 116 214 1258
State and Co. Boards of Tax returns provided for 160 To exempt certain farm products _.... 209

110 1272 497 355

1474

INDEX

To provide method for collecting certain taxes____ To amend Gen. Tax Act_ __________,_________ :_ 305
To distribute taxes arising from dogs___________ 367 To assess property required to be returned to Comp.
Gen1--------------------~-----------------

240 1303 1130
494

TEMPERANCE-

To regulate giving away lemonade, etc., in Young Harris _____ - __ - - ______________________ 140 357
To allow manufacturing of domestic wines _____ _
To amend Act to regulate sale of narcotic drugs,etc 240

1042 174 358

TRIALs-

To provide for, of injunctions, etc______________

i 73

To provide for new trials, etc__________________

712

TITLETo certain property vested in city of Columbus_~ 440 456

TRUSTEE8-

To amend Act providing for State Normal SchooL Of State Sanitarium____________________ 159 1050
Prest. of Board of St.- Agr; College, ex-officio member of Board of U. of Ga ______________ 217 358
Of 4th Dist. Agr. School to lease land _____ 256 358 Of Ga. St. Sanitarium to establish training schooL 642

;107 987
1068 463 987
1001

W. & A. R. R.-

To appoint special agent for ____________________ 162 179

WA.TER "J:>OWERS::... .

INDEX

1475

HOUSE RESOLUTIONS

PART 2.

Providing memorial service .. -----------------

101

Providing page for Speaker____________________

106

Thanking Hon. B. M. Blackburn--------------

106

To take H. B. No.7 from foot of calendar_______

106

-Tendering House to Odd Fellows--------------

115

To create Committee on dogs-------~----------

118

Relative to election of U.S. Senators___________

118

To establish right of recalL _________________ -

119

Memorializing Congress to remove H. A. Rucker_ 161 341

1127

Asking Governor why he failed to purchase certain

land---------------------------------------

162

Sympathizing with family of Hon. W. D. Murray

deceased ___________________ ~ __ .. ___ ---- ____ -

172

Enquiring as to condition of Prison Farm .. _____ _

173

To adjourn sine die July 2L-----------------

175

To accept invitation to lunch at Tech.. ___ - _____ -

176

To furnish spring water_____________________ _

176

Memorializing Legislature of Tennessee .. ______ -_ 186 297

Stenographer for Com. on Public Property _____ _

220

State vs. Tennessee Copper Co ________________ 239 711

To appoint Committee to locate site for Museum. 248 1374

Doorkeeper for gallery____________ . __________ -

283

Directing Governor to buy lands.. ____ ---- _____ -

292

Memorializing Congress on Election of U. S. Senators---------------------------------------- 292 354

'

To ratify amendment to U. S. Constitution. _____ 301 341

375 382

To create Committee to investigate using of certain State property____ ._~_-- _______ .:____________ 303 437

Memorializing Congress as to transportation of

convict made goods.. -- ____ -_---------------

331

Sympathizing with Hon. R. P. Minter ________ _

333

Memorializing Ala. Gen. AssemblY------------

367

Seeking removal of J. M. Holzendorf. _________ _

369

To widen Peachtree St-----------369 1129 .1283 1343

Relative to publication of laws. ______ --. ____ --

376

When the Governor has right to call out Militia.- 388 519

Relative to citizens of Ga. before courts in Tennes-

see---------------------------------------- 388 496

Granting use of Hou8e to Grand Lodge.K. of p __ _

392

To amend Rule No. 177----------------------

393

1476

INDEX

Exonerating Mr. Hardeman and Mr. Baker_____ Providing for Joint; Session___________________
Providing for Commission on revision of Judicial System_ ___________________________________
Providing for appointment of commission to- classify municipal corporations__________________
Endorsing Appalachian Exposition_____________ Indefinite excuse to R. P. Minter______________ Thanking Hon. J. B. McCurry_________________ Asking information of Comp. GeneraL_________ Authorizing Atlanta to build viaducts across rights
of waY--------------------------------789 1130 Sympathizing with Hon. J. H. Roberts __________ 1052
Sympathizing with family of Hon. J. G. Carlisle-To provide benches on Capitol grounds_________ To give old locomotive "Texas" to Atlanta ______ 1127 Sympathizing with Hon. L. W. Johnson________ To accept lands on Tallulah River____________ .1170
To sell Governor's mansion __ 1187 978 1018 1256 Privileges of floor toT. J. Hardage-----------Commission to investigate Judicial system ______ 1003 Commission to look into Chattanooga terminals__ Providing for bringing up of unfinished !msiness_ _ To expedite publication of Acts________________
Memorializing Congress as to Appaiachian reserve Sympathizing with Mayor Gaynor of N. y______ Thanking Messenger of House_________________ Thanking Doorkeeper of House_________________ Thanking Journal Clerk of House______________
Thanking Fulton delegation-----------------Thanking Mr. Anderson of Chatham __________ .

402 513
536
579 702 713 753 766
1282 1008 1053 1126 1171 1152 13!3 1275 999 1342 1233 1331 1332 1347 1351 1386 1386 1386 1386 1386

SENATE BILLS

PART 3.

State Librarian to furnish r_eports to New Counties .245

.

1317

Interstate exrhange of documents, etc__________

To prohibit prize fighting by moving pictures- ___ 245

To define r:gh~s of Orphi!Jls Homes-----------To regubte running of ,automobiles ____________ 246

To regub.te granting new trials,_______________

To amend Act to create City Court of Washington 246

To incorporate town of Uvalda___ .; ______ 2,46 ~64

788 1327
245 623
245 539 246 362 987 444

INDEX

1477

Ordinaries to pay costs to officers. _____________ _ 246 To amend Act prescribing oath of R. R. Commis-
sioners-----------------------------------Wife competent witness in cases of bigamy _____ _ 247 To limit mortgage fi fa's_____________________ _ To amend Charter of Colpmbus_______________ _
Providing Committee to investigate need of land at Chattanooga ____________________________ _
To amend section 2181 Vol. 2 of Code _________ _ Electric lights f.or Buena Vista. _________ -- ___ _
To amend Act authorizing Buena Vista to issue bonds ____________________________________ _
To control cemeteries in certain counties -- ___ _
To change time of holding court in Hart County_
To appoint 3 members of U. of Ga. Trustees on Branch Colleges_________________ -_---------- 361
Prest. of Bd. of Trustees of St. Normal School member of Trustees of St: University ___ 361 539
To incorporate town of Jasper ________________ _ 361 To fix fees to .be paid by Asst. Fire Cos----~---- 361 To create City Court of Cuthbert._---_---- ___ _ 378 To change time of holding City Court of Marion
CountY------------------------------------ 379 To repeal Act to incorporate Crawford.... 379- 443 Co. Boards of Education to borrow money to
pay teachers______________________________ _
To create City of Cuthbert. ______ .436 540 626 To amend Act to accept Soldiers Home____ ___ 437 To create a system of electric lights for Buena
Vista _____________________________________ _
To amend Act authorizing Buena Vista to issue . bonds_____________________________________
To control cemeteries in certain Counties._- _____ 444 To incorporate town of Jasper__________________ To change time of holding Court in Hart Co ______ 444 To incorporate town of Uvalda. _____ ------ ___ ~ To change time of holding Court in Marion Co____ To incorporate City of Crawford. ___ -- c--"-- ___ To repeal act to incorporate Roberta _____ -493 578 To incorporate City of Roberta._-_-_--- -494 578 To drain and ditch swampy places------------ 494 To incorporate City of Crawford. _______ - _____ 505
To increase salaries of Justices of Supreme Ct. 534 624 To prohibit prize fights in moving pictures._____ 534 To &Ulend Act to reincorporate White Plains-535 578

443
247 539 247 288
359 359 360
360 360 360
539
1070 465 1275 1059
1328 465
415 988 624
443
443 1141 444 762
444 444 493 624 624 789 576 1377 985 625

.1478

INDEX

To amend section 420 of Penal Code_535 624 732 To amend Charter of Sparta____________ 535 1043 To rearrange Judicial Circuits ______ ~ __________ _
To prohibit liquor drinking on traim- ___________ 572 To amend section 1496 of Code ________________ 572

1365 1019
535 751 1267

To protect sinking fund of municipal corpora-

tions---------------------------------572 985 1332 To amend Con3titution so as to supplement
salaries of Judges ________________ 572 624 1090 1093

To incorporate Lanier School Dist------113 1289 1356

Street Ry. Co.'s to acquire like Co.'s------114 788 1329

To incorporate town of Alston----------714 750 988

To amend Acts to incorporate Dalton ____ 714 750 789

To amend section 982 Vol. 1 of Code (Canton L __ _

714

To increase salary of State School Commissioner_ 787 1133

To provide for State and County Boards of Tax

returns-------------------------------788 1047 Com.'s of Glynn Co. to fix salary of Clerk __ 1019 1041 To amend Act to incorporate Shady Dale _______ 1041 To amend Par. 1, section 2, Art. 11 of Const ____ _ To amend Par. 1 section 2, Art. 2 of Const _____ -. To incorporate town of Soperton _______ l133 1182 To amend section 2166 of Code ________________ l133

1357' 1141 1048 1088 1122 1019 1180

To authorize Com.'s of Stewart County to pay

costs--------------------------------1133 1180 1244 To provide Solicitors of City Courts------------1134 1243

To provide for transfer of registered maps of municipality__________________________ 1134 1243 1319

To amend Act to create City Court of Swainsboro-1134 1243

1270

To provide method of assessing and collecting

taxes--------------------------------------1134 1362 To amend charter of Lexington __________ 1134 1243 126:3

To restrict jurisdiction of City Ct. of Baxley-1135 1180 1244

County Com.'s to condemn land for road purposes-1135 1180

1282 To proviJe for inspection of grain, hay, ~tc- __ -1181 1267

To change time of holding Superior Court of Dawson CountY--~-----------~----- 1181 1243
To pro'!libit shooting toward dwelling houses1181 1244 To amen'! A~t to incorporate Hamilton ________ _ To cede Llnd to City of Columbw;________ ll82 1243 To ame:1d Act to incorporate Shady Dale _______ _
To prohibit showing obscene writing to females-- 979 To fix salaries of Solicitors-GeneraL ______ 979 1317

1271 1328 1181 1270 979 1019 1344

INDEX

1479

Com.'s of Glynn Co. to fix salary of Clerk __ - ____ _ To provide for dissolution of Corporations.1247 1289 Liability for torts of wife-------------~-1248 1326 To provide fish ways over dams. ______________ .1248
Unlawful to publish name of _.person raped.- ___ .1248 To provide for two weeks session of Court in Eman-
uel County ---------------------------1248 1266 Wife competent to testify in cases of seduction. 1248 To amend Act to create State Board of Embalmers.l249 State Board of Entomology to employ assistants..1249 Boards of Health to enforce Standard transit per-
mits.-_-----------------------------------To create City Court of Ellijay_______________ _
Commissioners of certain counties to costs to Solicitors ____________________________ 1288 1325
To amend Art. 7, section 3, Par. 1 of Constitution_l288 To prohibit sale of near be~r in Coffee Co __ 1304 1325 School Com.'s of Fort Valley to sell certain prop-
ertY---------------------------------1305 1341 For relief of Prisoners. _______________ -------To amend section 377 Vol. 3 of Code ____________ l318 To incorporate town of HartwelL _______ --- __ -For protection of game ________________ - -- -- - -
Unlawful to obtain food or lodging with intent to
defraud------------------------------------1334 For collection of past due taxes, __________ - ___ _
To create office of State Veterinarian---~-------R. R. Co.'s authorized to condemn property_____ l363 To amend road laws---------------~----------

1019 1365 1366 1326 1326
1291 1325 1332 1363
1267 1288
1344 1325 1366
1357 1311 1333 1325 1334
1364 1335 1335 1364 1384

SENATE RESOLUTIONS

PART 4.

To adjourn over from July 1st to July 5 _______ _

235

To ratify amendment to U. S. Constitution _____ _ 418 732

For relief of J. C. Powell, et aL __________ 534 788 1318

In reference to engines General & Texas. ______ ~

1167

To pay widow of Senator Murray $200---------Endorsing Panama Exposition. ______________ _

1333 1334

Req11esting certain information -.-.-.- -

1385