Journal of the House of Representatives of the State of Georgia extraordinary session at Atlanta Tuesday, March 20, 1917

JOURNAL
OF THE
House of Representatives
OF THE
STATE OF GEORGIA
EXTRAORDINARY SESSION
AT ATLANTA TUESDAY, MARCH 20, 1917
1917 BYRD PRINTING COMPANY
ATLANTA, GA. .

JOURNAL

REPRESENTATIVE HALL, ATJ::ANTA, GA.,

Tuesday, March 20, 1917.

Pursuant to the call of the Governor, the House met in extraordinary session this day at 10 o'clock, A. 11L; 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, Allen, Glascock, Allen, Jackson, ~~ uderson, Baulw, Anderson, Floyd, Anuerson, Jenkins, A nuerson, Wilkes, Amlrews, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, Atkinson, Fulton, Ayer, Baggett, Bale, Ballard, Barber, Barfield, Beazley, Beek, Carroll,

Beck, Murray, Bell, :\!1.Lton, Beall, Richmond, Blackburn, Bowers, Boyett, Bradford, Bradley, Brinson, Brooks, Brown, Clarke, Brown, Emanttel, Brown, Wbeeler, Bullard, Burruss, Burtz, Campbell, Carithers, Carroll, Carter, Chaneey, Clarke, Clements,

Cole, Coleman, Laurens, Collier, Collins, Conger, Conn01, Cook, Cooper, Cravey, Culpepper, Dart, Da,idson, Davis, Dennard, Dickerson, Dodd, Dorris, Crisp, Domis_ Douglas, Dorsett, Dorsey, Duffy, Edwar.~s, Bryan, Edwards, Haralson,

JouRNAL OF THE HousE

Edwards, Walton, Elders, Ennis, Estes, Findley, Fowler, Fullbright, Gilliam, Gillis, Gordy, Green, Clayton, Green, Wilkes, Griffin, Decatur, Harris, Walker, Harris, Washington, Hartley, Haynes, Heath, Hines, Hogg, Holden, Hopkins, Howard, Hudson, .Jackson, .Johnson, Appling, .Johnson, Gwinnett, Jones, Coweta, ,Jones, Wilkinson, }\eene, Key, Kidd, King, Greene, King, ..Jefferson, King, White, Kirby, Knight,

Lane, Lanier, Ledbetter, LeSueur, Liles, Lowe, Lunsford, .:\Iarshall, Martin, Mathews, Dawson, Mathews, Elbert, Meadows, Moore, Heard, Moore, Jeff Davis, Morris, Cobb, Morris, Hart, Myrick, McCalla, i\IcLanahan, McRae, Neill, Nunn, Olive, Oliver, Parker, Parks, Peacock,
r erkins,
Pharr, Pickren, Ragland, I'dwine, Reise!", R:ce, Rich, Robert!', Shannon,

Sheffield, Sheppard, Shipp, Short, Shuptrine, Simpson, Sloan, Smith, Dade, Smith, DeKalb, Smith, Toombs, Spence, Stark, Steele, Stewart, Stovall, Strickland, Sumner, Swift, Taylor, Monroe, Taylor, Washington, Thompson, Towles, Turner, Veazey, Walker, Ben Hill, Walker, Bleckley, . Webb, Wheatley, Williams, Wohlwender, Woodward, Worsham, Wright, Youmans, Candler, Yeomans. Terrell, Young,

Those absent were Messrs.-

Coleman, Calhoun, Dockery, Evans,

Griffin, Lowndes, Hodges,

Rushin, Westbrook,

TuESDAY, MARCH 20, 1917.

5

The following proclamation, convening the General Assembly in extraordinary session was read:
PROCLAMATION BY THE GOVERNOR
IN THE NAME AND BY THE AuTHORITY OF THE STATE
OF GEORGIA:
WHEREAS: Through the failure of the General Assembly to appropriate the full amount asked for on the estimate of the Pension Commissioner, there exists a deficiency in the appropriations for 1917 for the pensions .of Confederate veterans and the widows of Confederate veterans, due to be paid before May first, which deficien~y, if aUowed to continue until action can be had at the next regular session, will cause inestimable anguish and suffering to a large number of these worthy men and women who have depended upon the prompt payment of the money provided by the statute laws o~ our Commonwealth, and would probably cause many to lose their pensions entirely as death may result before they can be paid, and
WHEREAS: Information is at hand from many reliable sources that the statutes of our State, intended to regulate and restrict the purchase from beyond the State, or the carrying, receiving and having in possession, of alcoholic, vinous, malt and intoxicating liquors and beverages, are being evaded, avoided and violated to such an extent as to be a serious menace to the safety and happiness of many of our people and to the prosperity and productiveness of our business occupations and enterprises, and

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JouRNAL OF THE HousE.

WHEREAS: The legitimate shipments under these statutes have become so large and continuous as to change the very character of the State's rating as a Prohibition State, it being alleged that there are stored in cities just beyond our borders large quantities of such liquors in control of husiness concerns that are preparing to transport the same into our borders under our laws, or against our laws, by, or before July first, 1917, for delivery to our people, and
WHEREAS : Prohibition has become the settled policy of our State and a vast number of our citizens desire it to be made complete and to that end a very great majority of the present membership of the House and Senate have indicated a wish to be allowed to finish the work begun by them, and under the recent interpretation of the Federal statutes applicable, to consider and decide the question whether to make the State "Bone-Dry" in order that a fair test may be had of the effects of such a law upon our people, and
WHEREAS: The next General Assembly does not meet in regular session until the fourth Wednesday in June, 1917.
Now, THEREFORE: By virtue of the authority vested in me by Article V, Section l, Paragraph 13, of the Constitution, I, Nat E. Harris, Governor of Georgia, do, hereby convoke the General Assembly of the State in extraordinary session, to meet in their respective halls at the Capitol in Atlanta on the twentieth day of March, A. D., 1~17, at 10 o'clock,

TuESDAY, MARCH 20, 1917.

7

A. M., for the following objects, each of which is considered by the Executive of sufficient importance to make the extraordinary occasion required to authorize and justify such a session:

To consider and take action upon the subject of a deficiency appropriation necessary to complete the amounts required to be appropriated to pay the pensions of Confederate veterans and widows of Confederate veterans, for 1917, as set out and directed by the Constitution and laws of the State:

To consider the subject of "Bone-Dry" Prohibition, and especially of the shipping, importing or bringing of alcoholic liquors into the State of Georgia, with a view of making such revisions, amendments, changes in or additions to the existing laws on the subject, as will in the opinion of the General Assembly relieve the State from the present evils and secure complete protection to the people against the sale or importation or manufacturing or keeping on hand of alcoholic, vinous, malt or intoxicating liquors.

Given under my hand and the Great Seal of the

State at the City of Atlanta, this the eig~th day of

March, in the year of our Lord, One Thousand, Nine

Hundred and Seventeen.

N. E. HARRIS,

(SEAL)

Governor.

By the Governor:

PHILIP CooK,

Secretary of State,

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JouRNAL oF THE HousE

The following communications were read:

Atlanta, Ga., November 25, 1916.

HoN. W. H. BuRwELL, Speaker,
House of Representatives,
Sparta, Georgia.
My Dear Mr. Speaker:
The _Governor has appointed me a member of the Railroad Commission, and I have this day taken the oath of office. Before I could enter upon my new duties it was necessary for me to resign as Clerk of the House of Representatives, and I have, therefore, tendered my resignation to the Governor, and the same has been accepted.
There is nothing in the law which prescribes to whom the Clerk must submit his resignation, but in accordance with the opinion of the Attorney General, and in conformity with the advice of the Gov- ernor, I have tendered my resignation as above stated. I deem it my duty to inform you, and through you the members of "the House of Representatives, of my action, and I ask that you, as Speaker, and the Representatives, consider this letter as formal notification of my resignation.
I shall always have only fond memories of my association in the House with you and the other mem-

'.(uESDAY, MARCH 20, 1917.

9

bers. I will never cease to be appreciative of the many considerations and favors shown me by you and therri, and will ever be grateful for the confidence reposed in me.
With the happiest of Christmas greetings, and best wishes for a bright and prosperous New Year, I am,
Faithfully yours,
JNo. T. BoiFEUILLET.

Atlanta, Georgia, March 19, 1917. HoN. W. H. BuRwELL, Speaker, House of Representatives, Atlanta, Georgia.

My Dea.r Mr. Speaker:
Please allow me to call your attention to my letter of November 25th, 1916, addressed to you, in which I informed you of my resignation as Clerk of the House of Representatives in order that I might accept membership on the Railroad Commission. of Georgia to which I had been appointed by the Gov.ernor. The said letter was intended as formal notification of my resignation.
The Legislature was not in session when I resigned, nor was another session of the present General Assembly in contemplation at the time, but as the Legislature will convene in extraordinary ses-

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JouRNAL OF THE HousE.

sion on the 2oth inst., I ask that you lay before the House my letter of November 25th, 1916, if the request meets with your approval.
With high regard and esteem, I am,
Sincerely yours,
JNo. T. BmFEUILLET.

The following resolution was read and adopted . unanimously by a rising vote :
By Mr. Hopkins of Thomas-
A RESOLUTION.
WHEREAS, After twenty years of efficient and faithful service, during which long period he endeared himself by his uniform courtesy, geniality, patience and upright bearing to every Leg-islator with whom be was associated, Hon. John T. Boifeuillet has resigned as Clerk of the House of Representatives to accept the appointment of Railroad Commission(:!" tendered him by Go,entor Harris; and
WHEREAs, Colonel Boifeuillet 's tenure of the office of Clerk was longer than that. of any other person who ever held the position in the history of the General Assembly of Georgia.
THEREFORE, Be it resolved, That while the members of this House deeply appreciate the Governor's just recognition of Colonel Boifeuillet's tine ability, his familiarity with public affairs, and

TuESDAY, MARCH 20, 1917.

11

his high personal excellencies, we keenly regret that his legislative services will in the future be lost to the State, and that Legislators will be .deprivert of the sunshine of his _genial presence at the Clerk 'q desk. As Clerk, he always followed the line of perfect impartiality and rigid duty, and was neutr::1l and non-partisan in his attitude toward all legislation. He was the unsullied gentleman.

RESOLVED FURTHER, That these resolutions be spread on the Journal of the House, and that, as an additional mark of our friendship and esteem, Colonel Boifeuillet be requested to furnish a portrait of himself to be placed on the walls in the Clerk's room.

Ron. John T. Boifeuillet of Bibb County, the Clerk of the House, having resigned to accept appointment on the Railroad Commission of Georgia, the next order of business was the election of Clerk.

The Speaker announced that nominations were in order for the vacancy of the office of Clerk of the House.

::\fr. Dorris of Crisp placed in nomination the name of Ron. Lindley W. Camp of Cobb County.

Mr. Fullbright of Burke placed in Romination the

name of E. B. Moore of DeKalb County.

.

The roll call was ordered and the vote was as fol-

, lows:

Those voting for Mr. Camp were Messrs:

Allen, Glascock, Anderson, Jenkins, Arrington,

Atkinson, Emanuel, Barfield,

Baggett,

Beall, Richmond,

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JOURNAL OF THE HousE

Bowers, Bradley, Brooks, Brown, Wheeler, Burtz, Carroll, Collit>r, Conger, Cravey, Uulpepper, Dart, Dickerson, Dorris, Crisp, Dorris, Douglas, Dorsett, Duffy,

Edwards, Bryan, Fowler, Green, Clayton, Griffin, Decatur, Haynes, Hogg; Hudson, Jones, Coweta, .Tones, Wilkinson, Kidd, King, Jefferson, King, White, Knight, Lane, Ledbetter, Lunsford,

Mathews, Dawson, Morris, Cobb, Morris, Hart, Nunn, Oliver, Reiser, Rice, Shipp, Short, Sloan, Smith, Dade, Towles, Woodward, Worsham, Wright,

Those voting for Mr. Moore were Messrs:

Adams, Allen, Jackson, Anderson, Banks, Anderson, Floyd, Anderson, Wilkes, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Atkinson, Fulton, Ayer, Bale, Ballard, Barbtir, Beazley, Becli, Murray, Bell, Milton, Blackburn, Boyett, Bradfo1d, Brinson, Brown, Clarke, Brown, Emanuel, Bullard, Burruss, Campbell,

Carithers, Chancey, Clarke, Clements, Cole, ~Joleman, Laurens, Connor, Cook, Cooper, Davidson, Davis, Dennard, Doild, Dorsey, Edwards, Haralson, Edwards, Walton, Elders, Ennis, Estes, Findley, Fullbright, l+illiam, Gillis, Gordy, Green, Wilkes,

Harris, Walker, Harris, Washington, Hartley, Heath, Hines, Hopkins, Howard, Jackson, Johnson, Appling, Johnson, Gwinnett, Keene, Key, King, Greene, Kirby, Lanier, LeSueur, Liles, Lowe, Marshall, Martin, Mathews, Elbert, Meadows, Moore, Heard, Moore, Jeff Davis, Myrick,

TuESDAY, MARCH 20, 1917.

13

:McCalla, :.IcLanahan, McRae, Neill, Olive, Parker, Parks, Peacock, Perkins, Pharr, Pickren, Ragland, Fedwine, Rich,

Roberts, Shannon, Sheffield, Sheppard, Simpson, Smith, DeKalb, Smith, Toombs, Spence, Steele, Stark, Stewart, Strickland, :Swift, Taylor, Monroe,

Taylor, Washington, Thompson, Turner, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Wheatley, Williams, Wohlwender, Youmans, Candler, Yeomans, Terrell, Young,

Those not voting were Messrs :

Andrews, Arnold, Oglethorpe, Beck, Carroll, Carter, Coleman, Calhoun, Collins,

Dockery, Evans, Griffin, Lowndes, Hodges, Holden,

Camp, 54; Moore, 116.

Rushi~1,
Shuptrine, Stovall, Sumner, Westbrook,

The roll call was verified.

On counting the ballots cast it was found that Mr. Camp received 54 votes and Mr. Moore received 116 votes;

Mr. Moore of DeKalb having received a majority of all the votes cast was declared elected to the office of Clerk of the House . to fill the vacancy caused by the resignation of Hon. John T. Boifeuillet, of Bibb County.
. The Speaker appointed the following Representatives to escort Mr. Moore to the Clerk's stand:

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JouRNAL OF THE HousE.

Messrs. Wheatley of Sumter, Fullbright of Burke, Dorris of Crisp.
Mr. Knight of Berrien moved that the adjournment of all the .sessions of the House during the extraorcbl<ll'~' sesRion l-e made subject to the order of the House and the motion prevailed.
The following message was received from the Senate through Mr. McClatchey, Secretary thereof:
Mr. Speaker:
I am instructed by the Senate to inform the House that the Senate has convened in extraordinary session, and is ready for the transaction of business.
The following message was received from the Senate, through Mr. McClatchey, Secretary thereof:
Mr. Speaker.
- The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit:
A resolution providing for the appointment of a committee of two from the Senate and three from the House, to wait upon His Excellency, the Governor, and inform him that the General Assembly has convened in extraordinary session and is ready for the transaction of business.
_ The committee on part of the Senate, in accordance with said resolution, are:
~1:essrs. Turner and Callahan.

TuESDAY, MARCH 20, 1917.

15

The following resolution of the Senate was read and concurred in :

By Mr. Turner of the 21st District-

A resolution providing for a joint committee of the House and Senate to inform the Governor that the General Assembly has convened in extraordinary sesswn.

The Speaker appointed the following Representatives as the committee on the part of the House:

Messrs Ayer of Bibb, Taylor of Monroe, McRae of Wilcox.

A vacancy having occurred through the death of Hon. D; T. Paulk of Ben Hill County, in the office of Messenger of the House, the Speaker announced that nominations were in order for the office of Messenger of the Hou~e.

Mr. Dickerson of Quick placed in nomination the name of Mr. J. B. D. Paulk of Ben Hill County.

Mr. Davidson of Putnam placed in nomination the name of Mr. W. C. Davis of Fulton County.

Mr. Harris of Washington placed in nomination

the name of .Mr. ill. G. Murchison of \Vashington

County.



Mr. Adams of Walton placed in nomination the name of Mr. J. C. Morgan of Putnam County.

The nominations were announced closed, and the roll call was ordered. The vote was as follows:

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JouRNAL OF THE HousE

~hose voting for Mr. Paulk were Messrs.:

Allen, Jackson, Anderson, Banks, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Arrington, Atkinson, Emanuel, Atkinson, Fulton, Ballard, Barber, Beck, Murray, Bell, .Milton, Beall, Richmond, Bowers, Bradford, Bradley, Brooks, Brown, Clarke, Brown, Emanuel, Burtz, Carithers, Chancey, Clarke, Clements, Cole, Collier, Conger, Cooper, Cravey, Dart, Dennanl, Dickerson,

Doud, Donett, Dorsey, Duffy, Edwards, Haralson, Estes, Gillis, Griffin, Decatur, Haynes, Hopkins, Hudson, Jackson, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Keene,. King, .Jt-fferson, King, Whit~, Kirby, Knight, Lanier, LeSueur, Lowe, Lunsford, :\fartin, Mathews, Dawson, Meadows, ~Ioore, Heard, ~iorris, Cobb, Morris, Hart, Myrick, McRae,

Xeill, Oliver, Parker, Parks, Peacock, Pe1kins, Pickren, Reiser, Rice, Roberts, Shannon, Sheffield, Shipp, Simpson, Smith, Dade, Smith, Toombs, Speilee, ?tark, Stovall, Strickland, Sumner, Turner, Walker, Ben Hill, Walker, Bleckley, Webb, Wheatley, Williams, Woodward, Youmans', Candler, Yeomans, Terrell, Young,

'l'hose voting for Mr. Davis were Messrs.:

Anderson, Floyd, Anderson, Jenkins, Anderson, Wilkes, Andrews, Ayer, Bale, Barfield,

Beazley, Blackburn, Brinson, Brown, Wheeler, Bullard, Burruss, Campbell,

Carroll, Coleman, Laurens, Connor, Cook, Culpepper, Davidson, Dorris, Crisp,

TuESDAY, MARCH 20, 1917.

17

Dorris', Douglas, - Edwards, Bryan,
Edwards, Walton, Elders, Ennis, Fowler, Fullbright, Gilliam, Gordy, Green, Clayton, Green, Wilkes, Hartley, Hines, Hogg,

Howard, Jones, Wilkinson, Key, King, Greene, Lane, Ledbetter, Liles, .Mathews', Elbert, Moore, Jeff Davis, McLanahan, Nunn, -Pharr,
Hagland, Redwine,

Sheppard, Short, Sloan, Smith, DeKalb, Steele, Stewart, Swift, Taylor, M'onroe, Thompson, Veazey, Wohlwender, Worsham, Wright,

Those voting for Mr. Murchison were Messrs.:

Allen, Glascock, Baggett, Davis,

Findley, Harris, Washington, Kidd,

Olive, Taylor, Washington,

Those voting for Mr. Morgan were Messrs.:

Ada!IIB, Boyett,

~IcCalla,

Towles,

Those not voting were Messrs.-

Arnold, Oglethorpe, Beck, Carroll, Carter, Coleman, Calhoun, Collins, Dockery,

Evans, Griffin, Lowndes, Harris, Walker, Heath, Hodges, Holden,

The roll call was verified.

::VIarshall, Rich, Rushin, Shuptrine, Westbrook,

Paulk, 95; Davis, 62; Murchison, 8; Morgan, 4.

On counting the votes it was found that Mr. Davis had received 62 votes, Mr. Morgan 4 votes, Mr. Murchison 8 votes and Mr. Paulk 95 votes.

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JOURNAL oF THE HousE.

Mr. Paulk, having received a majority of all the votes cast, was declared elected Messenger of the House to fill the unexpired term caused by the death of Ron. D. T. Paulk, df Ben Hill County.
The following message was received from the Senate through Mr. McClatchey, Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit:
A resolution providing for a joint session of the General Assembly today at 11 :30 o'clock A. M., for the purpose of hearing His Excellency, the Governor, deliver his address in person.
The following resolution of the Senate was read and concurred in as amended.
A resolution providing for a joint session of the General Assembly to-day at 11 :30 o'clock A. M., for the purpose of hearing the address of His Excellency, the Gov~rnor.
The following amendment was read and adopted:
Amend by striking ''thirty'' and inserting the words, ''forty-five.''
The following resolution was read and adopted:
By Mr. Fullbright of Burke-
A resolution providing that the committee of the House and Senate appointed to wait on the Gover-

TuESDAY, MARCH 20, 1917.

19

nor be further instructed to notify the Governor that the General Assembly desires to hear his message delivered orally, while assembled in joint session at 11 :45 oclock A. M.
The following message was re<>eived from the Senate through Mr. McClatchey, Secretary thereof:
Mr. Speaker:
The Senate has concurred in the amendment of the House to the following resolution of the Senate, to-wit:
A resolution providing for a joint session of the General Assembly to hear the address of His Excellency, the Governor.

The Senate has concurred in the foilowing resolution of the House, to-wit:
A resolution providing that the joint committee appointed to notify the Governor that the General Assembly has convened, also notify him that the General Assembly will be pleased to have him appear and address the House and Senate in joint sessiog at 11:45 o'clock, A. M.

Mr. Hopkins of Thomas moved that all prohibition legislation be referred to a Special Committee of 35 members to be appointed by the Speaker, the members of the Temperance Committee to be included in the 35. The motion prevailed.

The Speaker appointed the following members as

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J ouR'NAL OF THE HousE

the Special Committee on Temperance, raised under the above motion.

Special Committee to consider Prohibition Legislation:

Hopkins of Thomas, Chairman; Andrews of Ful-

ton, Arnold of Clay, Barfield of Bibb, Beall of Rich-

mond, Campbell of Newton, Conger. of Decatur,

Conner, Cooper of Ware, Davidson of Putnam,

Dart, Dodd, Dorris of Crisp, Dorsey, Edwards of

Bryan, Findley, Fullbright of Burke, Greene of

Clayton, Harris of Walker, Jackson, Kidd of Baker,

King of Green, Knight of Berrien, Ledbetter of

Polk, Lowe, Martin, Oliver of Quitman, Parker,

Rushin, Sheppard of Sumter, Stark, Taylor of

Monroe, Taylor of Washington, Strickland, Yeo-

mans of Terr~ll.

/

The introduction of new matter being announced, Mr. Atkinson of Fulton raised the point of order that the rules of the House did not provide for introduction of new matter on Tuesdays, and objected to this order of business being taken. The Speaker overruled the point of order.

The order of the call of the counties for the introduction of new matter being announced by the Speaker, Mr. Fullbright, of Burke, asked unanimous consent that the call of the counties be dispensed with and that members be allowed to send to the desk, all bills and resolutions desired to be introduced. There being no objection, the request was granted.

TuESDAY, MARCH 20, 1917.

21

The following bills and resolutions of the House were introduced, read the :first time and referred to committees :
By Mr. Hopkins of Thomas. A bill to amend the prohibition laws of Georgia with reference to manufacture, sale or shipment of spirituous liquors within or into the State.
Referred to Special Committee of 35.
By Mr. Culpepper of MeriwetherA bill to make it a felony to make or manufacture
alcoholic liquors within the State. Referred to Special Committee of 35.
By Mr. Bale of FloydA bill to prohibit manufacture, sale and trans-
portation of liquors in the State of Georgia. Referred to Special Committee of 35.
By Mr. Edwards of WaltonA bill to mitigate the evils of intemperance. Referred to Special Committee of 35.
By Mr. Fullbright of BurkeA bill to make appropriations for deficiency in
fund for payment of pensioners for 1917.
Referred to the Appropriation Committee.
By Mr. Fullbright of Burke-
A resolution to appropriate $80,000.00 to complete paying pensions for 1917.
Referred to Appropriation Committee. The following resolution was read and adopted:

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JouRNAL oF THE HousE.

By Mr. Yeomans of Terrell-
A resolution to extend privileges of the floor of the House to Hon. W. J. Harris of Georgia and Hon. C. L. Swain of Ohio.
The hour of 11:45 ~\. :\I. having arrived, the Senate appeared upon the floor of the Hall of the House~ and the General Assembly convened in joint session for the purpose of hearing the message of the Govern9r delivered orally and in person; was called to order by Ron. G. Ogden Persons, President of the Senate.
The resolution providing for a joint session was read by the Secretary of the Senate.
His Excellency, Hon. :Nat E. Harris, the Governor, accompanied by the joint committee of the Senate and House, appeared up~m the floor of the Hall of the House and was escorted to the Speaker's ~tan d.
He then delivered the following message :

MESSAGE

ExECUTIVE DEPARTMENT, STATE oF GEORGIA.
ATLANTA, MARCH 20, 1917.
To THE GENERAL AssEMBLY:
I have called you together to take action in what I believe to be an extraordinary emergency fulfilling the requirements of the Constitution. The responsi-

TuESDAY, MARCH 20, 1917.

23

bility for the first called session was with your body. You took the burden and bore the blame and are entitled to the thanks, if any, for that event. For the nresent session I alone am responsible. I take the blame upon myself and will accept ~hatever gratitude may follow and bear whatever condemnation may result, because of the act.
Extraordinary sessions are not popular in Georgia.
I have found that there is an unreasoning prejudice
against the payment of the $4 per day to legislators, and the extent of the feeling has been something of a surprise to me, since I have been in office. The people consider it a great waste, and yet there is no officer of the State who receives less pay in comparison with the work that be does than a member of the Georgia Legislature.
I am on record as favoring biennial sessions. But I do not mean by this to suggest that special or extraordinary sessions should never be resorted to when it is desired to have the Legislature give immediate relief in any particular matter, or accept or reject any declared policy pressing for attention before the regular session legally convenes.

When the Governor calls the General Assembly into extraordinary session, he lays down the subjects upon which the Legislature must work, confining them by his call under the Constitution to the subject matters announced in such call. The proceedings ought to be much shorter than when the session is open to every character of legislation on every sub-

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JOURNAL OF THE HousE

ject matter that affects the commonwealth. Special legislation or legislation of a special kind is more quickly settled at a special session of the General Assembly. Other States are learning this and in West Virginia three special sessions occurred during 1916. Oklahoma, California, Illinois, Connecticut, Tennessee, Vermont and Massachusetts also had extraordinary sessions of their respective Legislatures during the same year.

In some States the Legislature meets every four years and a special session is necessary at times to deal with emergencies that must arise in the progress of the business of a growing people.

What then is the EC"~Dergency T
This General Assembly, at the special session in November, 1915, desired to abolish liquor selling in the State. You compelled a call at that time, at an incalculable sacrifice to yourselves. You showed that you meant business when you seized the reins and forced a halt in the progress of the Government. When you ret11:rned to the Capital on the special call of the Governor you dealt with the subject of prohibition widely, passing four great statutes concerning the same, intending to put a stop to the evil of liquor drinking in the State as far as you thought you were then able to do. The restrictions of the Federal Constitution on interstate commerce had been modified by Congress in what is known as the Webb-Kenyon Act. Under this enactment the States were given permission to

TuESDAY, MARcH 20, 1917.

25

regulate interstate- commerce as to .shipments of liquor, and the fullest liberty was allowed to the Legislatures of these States to put an end to the carrying of intoxicants into their borders whenever in their wisdom they should see fit so to decide. But unfortunately a large number of our people imagined that the right to "regulate" did not authori?:e complete prohibition of such commerce, and the result was, although your minds were set on strict prohibition for the State, you were afraid to go far enough to keep out liquor entirely from your borders. You were urged to go further by the Governor both by message and by personal interview with your leaders. YQU were asked to take for granted that the law would be construed to be constitutional. Yet under the advice of those whom you trusted most, you thought it not well to follow the Gov~rnor 's dictation. The consequence was you opened up the State to shipments under what is known as the "twoquart law,'' letting into our limits not only two quarts of spirituous liquors, but if the consignee preferred, a ga1Ion of wine or 48 pints of beer. These shipments were allowed to occur with only monthly limitation. One family could import two quarts for every person of age within the family. Only a name was needed. And following this enactment, at the regular session in the summer of 1916 you made the express agents throughout the State the agents of the commonwealth to- complete the transaction which allowed the shipping of liquors into the State. In this way your own State became the purveyor of

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JouRNAL OF THE HousE.

whisky to her people, or as some one has said, you made a bar-room out of the express company and the agent was constituted the bar-keeper. Of all the foolish things that you and I have been guilty of since we have been together in the business of the State, this, it seems to me, is the most remarkable.
As the State under these Acts became completely dry, so far as her own people were concerned, you can understand that vast quantities of liquor began to be shipped in from outside her boundaries under the provision which you had incorporated into the law. A new business started on our borders. Whisky was banked up in the cities outside and adja.cent to the State line. A large amount of money was invested, and preparation was made for an extensive commerce which, in fact, was entered upon with our folks, and by which countless thousands of dollars were made and countless thousands of shipments of liquor sent into the State. A notable instance of the preparation for this was seen in the little town of Girard, Alabama, opposite Columbus, where it is said more than a million and a half dollars worth of alcoholic liquors was taken possession of and destroyed by the State of Alabama. We do not get the same help from the other States that border on our lines.
The business of shipping liquor into our State through the medium which you have provided has become so great and influential, so resourceful in fact, that it was able even to influence the action of the Federal Congress and secure a postponement of

TuESDAY, MARCH 20, 1917.

27

the most far-reaching and salutary enactments ever passed by our nation's lawmakers. This postponement it was said was had to enable the people on -our own borders to unload their accumulated stores on Georgia-about three million quarts from one State in a million and a half shipments, in the course of some three months. All this, besides the wine and beer that would be thrown in for good measure. It ,was too much to ask a State whose declared policy was in favor of prohibition to stand an influx of the prohibited article to an extent such as aU this promised. To prevent a result like this and to forestall a recurrence of a similar nature in the future, I have called you together today.
Before making this call, I tried in the best way accessible to me to ascertain the wishes of the people of Georgia on the subject. Letters, telegrams and signed petitions have come to me in great numbers, in almost every instance the authors of the same giving their views of the necessities that require the call. A short reference to some of these may not be unnecessary.
The petitions for the call exceed those filed against it by more than twenty to one. Of the reasons that are given I select the following:
Under the two-quart shipping law, and the 1916 amendment which followed, compensating express agents for the handling of packages, the agent is given financial incentive to solicit the purchase and shipment of whisky. Indictments in a few instances have been found against some of these agents

28

JouRNAL OF THE HousE

for delivering whisky to persons under fictitious names, and otherwise violating or evading the statute. It is claimed that in many parts of the State these agents are delivering packages to the heads of families, their wives, other adult members of the household, both men and women-in many cases to minors. And in handling the shipment they are made the agents of the State to collect the fee and complete the transaction, thus becoming a partner in the whisky business. Against this situation several agents have earnestly protested.
It was further alleged that this two-quart shipping law induces false swearing in order to secure a larger quantity than the law permits. It causes men to call on their wives and children for the purpose of securing additional shipments, and to make false affidavits as to identity to procure shipments not only from their own express offices, but from those at other points within and without the county.
Large amounts of liquor have been ordered by farm hands and factory laborers who lose time while going to. the express office to secure the shipments, and drunkenness and disorder ensue by reason of the rapid consumption of the liquor when received.
Large sums of money, it is found, have been expended by the poorer classes for these shipments, and the probability is irresistible that these expenditures will be largely increased during the next three months because of the fact that so many -liquor houses on the border States will perhaps go out of . business on July 1st.

TuESDAY, MARCH 20, 1917.

29

It was further pointed out that the class of whisky which is being shipped into Georgia on these orders is immensely inferior to the kind received before the present statutes went into effect. One Representative writes to the Governor that while he has not changed his views on local option he is very hopeful that some method may be found to stop absolutely the shipment of liquor into the State because instead of making men drunk he finds that it makes them insane. This is due to the adulterations of the article sold and shipped to our people.
The provisions intended to safeguard and limit the amount which an individual can receive are so difficult of enforcement that violations of the statute may be easily concealed. The right under the statute to order two quarts for each individual per month and receive the same under affidavit renders difficult the conviction for the_ illegal shipment or purchase of any additional amount. It is even more difficult to convict for the sale of what is known as blind tiger whisky. When caught with liquor in possession the accused asserts that it was secured by him under his legal right to a shipment of two quarts and he points to his receipt.
The peculiar wording of your statute has transferred in many cases the burden of the whisky traffic from the cities of the State to the country districts where new express offices have been established. In a number of rural communities the harmful effect is apparent, and the situation at times becomes dangerous. Lack of police protection renders more intol-

30

JOURNAL OF THE HousE.

erable the constant receipt of the fiery fluid in these communities.
Information from a number of sources, including State Representatives, sheriffs, mayors, prominent and influential citizens has been received to the effect that the illicit distilling of whisky is rapi<lly on the increase in this State. It is believed that the Federal authorities are not as vigilant in prosecutions for this offense in the courts as heretofore and the fear of the }1--.ederal Government having been taken away from this class of offenders there is a lively increase resulting in many localities. Complaints are received that our local State authorities, in the absence of some special compensation for the work, are not charging themselves with the duty of breaking up these establishments and arresting the offenders as they could do. One correspondent reports that in western Georgia there have been stored some 700 gallons of whisky, while other correspondents complain that in some of the counties, notably in one of the upper eastern counties, whisky-selling is going on openly. The increase of illicit distilling is due in a great part to the larger market afforded by the difficulty of shipment from outside the State.
Another source of complaint is the violation or evasion of the statutes in the sale of flavoring extracts, Jamaica ginger, bay rum, etc., together with other preparations having a percentage of alcohol sufficiently large to be used as intoxicating beverages.
It has been suggested also that even with the new Federal enactments the State of Georgia could never

TuESDAY, MARCH 20, 1917.

31

become bone dry unless she limits and regulates the four great exceptions laid down in that statute.

Besides it is felt that the State courts ought to be in position to handle violations of the law rather than have the people entirely dependent upon the Federal Courts. It is best to have both working to the same end.
Another evil suggested is the automobile trade along the border which needs attention.
The present method of handling the sale of alcohol is also severely criticised and additional safeguards earnestly demanded to be thrown around the sale of the same.
The makers of legitimate medicine in our borders ask that they be permitted to import s~fficient alcohol to be used for preservatives in the manufacture of their products. .Some of them claim that their medicine cannot be preserved with less than 14 to 16 per cent. of alcohol.
A letter was received from the Bishop of Georgia of the Protestant Episcopal church asking that the law be so worded as to permit churches without undue trouble or humiliation to secure a sufficient quantity of wine for sacramental purposes.
A great number of communications calling atten-
tion to the demoralization resulting to the labor of the country, owing to the present ability to secure whisky, have come in, and the writers earnestly re- quest that some curb may be put upon the shipments

32

JouRNAL OF THE HousE

on account of what they are pleased to call ''this woeful situation."
It is urged, too, that the consideration of the prohibition question at an extraordinary session of the Legislature will really. save both time and expense for the regular session, owing to the difficulty of passing such a measure at a time when the Legislature is flooded with business.
Several earnest appeals are made in behalf of the young men of the State. It is said that drinking is becoming more general among this class than heretofore, and it is urged that this is due principally to the fact that liquor can be obtained so easily and-expeditiously on their orders.
All of these matters are submitted to you for your serious consideration. It is without doubt true that in many cases our labor is being debauched, as the colored people have made considerable amounts of money during the last year and the temptation to purchase intoxicants is brought very near to them by making the article so easy to obtain. It is claimed that even the crops may be endangered at this, the most critical time, in our history.
While all this is based upon the consideration of our material interests the reasons urged are not exhausted unless it shall be called to your attention that the moral uplift of the people is being retarded and our civilization threatened with incalculable damage by the constant entrance into the home of these monthly shipments of liquors authorized under

TuESDAY, xL<tRcH 20, 1917.

33

the law. It seems to be easier to obtain the article and it is made more respectable by the very methods which are required to procure it.

PENSION DEFICIT.
But this was not the only emergency that was upon us. At your :first session in 1915, you provided for a substantial increase in the pensions of the Confederate soldiers and the widows of such as fall :within the class pointed out in the Constitution. This provision was still further increased at your regular session in 1916. When you came to make the appropriation for the payment of these increased pensions the amount which you :fixed fell short of the sum required to pay even those upon the regular rolls by some $42,000. Since that time additions have been made to the rolls, and to pay these it would require about $44,000 additional, so that the pension appropriation was practically $86,000 short of what is necessary in 1917 to meet the pressing demands of these old men.
It would have been easy to postpone the payment of the pensioners who had been put upon the rolls after the making of the appropriation, but unfortunately the amount named by you was insufficient to pay the pensions of those already upon the rolls, by the amount above stated. There was no way known to the Executive by which this deficiency could be made up. It occurred once before in the history of the State when the Legislature unfortunately made a miscalculation, but the deficit was met by one of our

34

JouRNAL oF THE HousE.

patriotic citizens, the Honorable Jas. M. SI]litb, of Oglethorpe, who trusted to the good faith of the State for repayment, without any interest whatever. The Governor bad hoped that S6me charitable person might be found to make this contribution to the old soldiers at this time and take the risk, very slight indeed, of a return of the money when the Legislature should meet in June. None came forward, however, to meet the emergency, and I have felt it my duty to include the deficiency in this call for an extraordinary session.
These old men, remnants of the armies that were marshalled under the leadership of our great generals in the war between the States, deserve at our bands all that we can do for them to show our appreciation of their sacrifice and service. We may build monuments-cut in the side of granite mountains the story of their deathless deeds, but this will not drive hunger from their bodies, not put shelter over their heads. Their small pensions are looked forward to with longing hope and ea~nest expectation. Many of them, rather than ask charity of the people, have been forced to get advances by hawking their pensions about at heavy discounts, in order to keep soul and body together. As they grow older they have more need of these pensions, and the little money that our State gives to them ought to be promptly paid at the time promised, to avoid suffering and misconstruction.
Up to this time I have paid on these pensions the sum of $592,764.05, leaving still due of your appro-

TuESDAY, MARCH 20, 1917.

35

priation the sum of $458,058.15. The Pension Commissioner states that probably $42,129 will be necessary to complete the payment of the pensioners whose claims have already been allowed, and if it be your will to include those who have been placed upon the rolls since the last appropriation was made, you must increase this figure by some $44,638 additional.

I regret to say that the Treasury is in no condition to stand any further strains upon it. At your regular session in the summer of 1916, you exceeded the apparent income of the State by your appropriations. These appropriations, made to various institutions of the State, would not have received my assent but for the proviso that was put upon each one of them. They all fall due during the present year, and will necessitate the use of the borrowing power until the taxes can come in. As it is, Georgia faces a deficit in her revenues and the ways and means for meeting it are not within sight. It will be for the Legislature that follows you in June to take up this question and provide additionaT sources of income in order to carry this burden.

I earnestly advise you to make the appropriation for the pensioners already upon the rolls, and if your hearts incline you, the additional $44,000 will not be misapplied.

HOW IT HAS WORKED.
The prohibition law in general is working well in the State. There have been many salutary advan-

36

JouRNAL OF THE HousE.

tages reaped from the passage of the Acts which you sent out in the called session of 1915. Crime speedily decreased under the administration of these laws. The chaingangs of the counties have fallen off with frightful rapidity, and many of those counties, are now preparing to go to hired labor in default of convicts for road working. while in this way the cost of maintenance will be saved, yet there will doubtless be an increased expenditure for the hired labor. In Chatham County on February 9th of the present year the Commissioners announced that the chaingang had become so small as to render it impossible to carry on the road-working with it, and from that time forward it was advised that free labor should be used. In the city of Macon, the municipal chaingang failed some time ago. In other cities the falling off is very great, while in the country at large the percentage of crime, the jail fees, court hire and other expenses have gone down more than fifty per cent.

Today the border counties are complaining loudest of the violations of the prohibition law, for they are subjected to the strain arising from the greatest influx of your interstate trade under the two-quart law. Of course the two-quart law has become merely a pretext in many of the counties; and the county containing the Capital City is .not exempt from this charge. Where the percentage of gain is as great as that which the illicit sale of whisky now commands there will always be found men willing to break the

Tu~<:KI>A v, MARcn 20, 1917.

37

law. Ceaseless vigilance will be necessary to insure the State against the evils of liquor drinking.

PROHIBITION COMMISSIONER.
In many States an officer has been appointed whose duty it is to see to the enforcement of the law. It is not intended that this officer should take the place of the regular prosecuting officers under the legal machinery of the State, but to be charged specifically with the duty of looking into and supplying information concerning every phase of the subject, to give such assistance as will enable the State officers to keep up with the law's enforcement, to note at as early a day as possible the new infractions that may oc~ur, the new methods of evasion, the constant disregard of the law in any particular community, and to !be able to sound a note of alarm and apply the remedies without delay so as to stop the evil as rapidly as possible for the good of the community and for the whole State. I think it would be well that you should give your attention to this subject, and appoint a Commissioner, calling him a Commissioner of Temperance or a Commissioner of Prohibition as you ilee fit, giving him the powers necessary to make efficient the office that you establish, and to secure the end desired for the people. His compensation can be provided for out of the costs in prosecutions for violations of the prohibition law and this can be done without encroaching upon the fees of the Solicitors-General or the offices of court in those r.ounties where fees are allowed.

38

JouRNAL oF THE HousE.

IN CONCLUSION.
The liquor traffic is doomed. Every civilized nation is trying to abolish it. Europe, in the throes of war, saw its malevolent effects on the race, how it is destroying virility and retarding the development of the human form and unfitting the soldier for bearing the strains and hardships of the service, and her suffering nations are seeking to curb or end its sway.
Five years ago, men would have laughed if it had been stated in their presence that the Federal Congress would take such action as that which occurred at the short session just adjourned. There were three great statutes enacted, the passage of which will echo throughout the Union as the shot at Lexington went ''around the world.'' The Capital of the n!ltion will be dry in November. The mails will be closed to liquor advertisements on the first of July, and the shipments of liquor across the State lines into dry States for beverage purposes will be prohibited on the same day. The celebrated Reed Amendment to the Postal Appropriations Act is as follows:
"Whoever shall order, purchase, or cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State or Territory, the laws of which State or Territory prohibit the manufacture or sale therein of intoxicating liquors for beverage purposes shall be punished as aforesaid: Provided, That nothing herein shall authorize the shipment of liquor

TuESDAY, MARcH 20, 1917.

39

into any State contrary to the laws of such State: Provided further, That the Postmaster-General is hereby authorized and directed to make public from time to time in suitable bulletins or public notices the names of States in which it is unlawful to advertise or solicit orders for such liquors.''
In order to get full advantage from the lastmentioned salutary provision, it will be necessary for you to regulate the shipments for medicinal, mechanical, scientific and sacramental purposes. These must be guarded by the State as there is no limitation fixed by the Congress upon them, hence I have called you together to consider the subject of "bone dry'' prohibition. If Georgia gets prohibition she must give it to herself, must provide it for herself. I earnestly urge, therefore, that you limit these exceptions, passing such legislation as may be required to stop the shipments under your own law, which shipments will continue under the Federal enactment unless you shall act upon the subject.
It has sometimes been said that prohibition laws do not prohibit. This reproach grew out of the fact that while the State might act and declare its settled policy and denounce the sale and manufacture of whisky, yet under the Federal Constitution that protected interstate commerce the State could be flooded with the prohibited article from the outside, and there was no escape from the results. This has come to an end, and the cry that the law does not prohibit has been followed by another wail that there is danger of prohibiting too much.

40

JouRNAL OF THE HolJsE.

Some strange things occurred at the Federal Capital when the- amendment prohibiting shipments from other States had been presented ~o the two Houses. Many of the professional advocates of prohibition on the outside did not seem to recognize the genuine article 'when it was offered to them.
It was really ludicrous at times to see how some of these salaried, chartered, consecrated apostles of prohibition drew back from the real thing and began to doubt the genuineness o.f the relief that was intended. They did not know prohibition when they met it in the road. Like the Jews of old who failed to recognize their Lord when He came, they set about to betray and destroy the very charter of their nation's hopes.

To our patriotic Congressmen in the lower House who stood together without exception, I feel that this General Assembly can never give sufficient expression of its gratitude on account of the service that they did to their country. ft is believed but for their efforts the law would not have passed. In the upper House it can be said to the credit of the Georgia Senators that both of them were in line when the roll was called on the Postal amendments and aided in the passage of these splendid statutes which we fondly hope complete for the people of this whole country the moral enfranchisement that they have so long dreamed of and so long expected in vain.
And now, Gentlemen of the General Assembly, I have given you this message from my heart today,

TuESDAY, MARcH 20, 1917.

41

setting forth the reasons why I have called you together, and the duty your assembling here has placed upon you toward the people of your State. I have felt in all this matter that as you began the great reform in 1915, taking upon yourselves the perils of an unprecedented step to bring it about, it would be only right and just to you as members of this House and Senate, to allow you the privilege of completing the work which you thus begun. No other Legislature will be better fitted to do so than you, and no other could certainly challenge and obtain the just approbation of the country in the performance of the task. It was yours to begin the work and it shall be yours to finish it, and your Governor hopes that the same :Mighty Hand which guided you in the beginning will shape your course successfully to the end.
Respectfully submitted,

Governor.
On motion of Mr. F'ullbright of Burke, the joint session was dissolved and the Senate and Governor retired.
The Speaker called the House to order.
Mr. Fowler of Bibb moved that when the House adjourns to-day, it will adjourn to meet at 11 :00

42

JouRNAL. oF THE HousE.

o'clock tomorrow morning an? the motion prevailed.
Mr. Duffy of Jones moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted Mr. Griffin, of Lowndes, on account of illness.
The Speaker announced the House adjourned until tomorrow morning at 11:00 o'clock.

WEDNESDAY, l\fARCH 21, 1917.

43

REPRESENTATIVE HALL, ATLANTA, GA.,
Wednesday, March 21, 1917.

The House met pursuant to adjournment this day at 11 :00 o'clock, A. M., 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, Allen, Glascock, Allen, Jackson, Anl:erson, Ranks, Anderson, Floyd, Anderson, Jenkins, Anderson, Wilkes, Andrews, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, AL!UllSOn, Fulton, Ayer, Baggett, Bale, Ballard, Barber, Barfield, Beazley, neck, 'Vlurray, Bell, ~Jilton, Beall, Richmond, Blackburn, Bowers, Boyett, Bradford, Bradley, Brinson,

Brooks, Brown, Clarke, Brown, Emanuel, Bullard, Burruss, Burtz, Campbell, Carithers, Carroll, Carter, Chancey, Clarke, Clements, Cole, Coleman, Calhoun, Coleman, Laurens, Collier, Conger, Connor, Cook, Cooper, Cravey, Culpepper, Davidson, Davis, Dennard, Dickerson, Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett,

Dorsey,_ Duffy, Edwards, Bryan, Edwards, Haralson, .Edwards, Walton, Elders, Ennis, Estes, Evans, J<'indley, Fowler, Fullbright, Gilliam, Gillis, Gordy, Green, Clayton, Green, Wilkes, Griffin, Decatur, Harris, Walker, Harris, Washington, Hartley, Haynes, Heath, Hines, Hodges, Hogg, Holden, Ho_pkins, Howard, Huilson, .Jaekson,

44

JouRNAL OF THE HousE.

J ohiU!on, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, Key, Kidd, King, Greene, King, JefferRon, King, White,
Kub~,
Knight, Lane, Lanier, Ledbetter, LeSueur, Liles, Lowe, Lunsford, Marshall, Martin, Mathews, Dawson, Mathews, .Elbert, Meadows, Moore, Heard, Moore, Jelf Davis, :i\forris, Cobb, :i\lorris, Hart, Myrick,

McCalla, .vic Lanahan, McRae, Neill, Nunn, Olive, Oliver,
Parker, Parks, Peacock, Perkins, Pharr, Piekren, Ragland, Redwine, Reiser, Rice, Rich, Roberts, Shannon, Sheffield, Sheppard, Shipp, Short, Simpson, Sloan, &'mith, Dade, Smith, DeKalb,

Smith, Toombs, SpencP, Stark, SteelA, Stewart, Stovall, Stricklanfl, Sumner, Swift, Taylor, Monroe, Taylor, Washington, Thompson, Towles, Turner, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Westbrook, Wheatley, Williams, Wohlwender, Woodward,
~vorsham,
Wright, YoumanS, Candler, Yeomans, Terrell, Young,

Those absent were Messrs.-

Beck, Carroll, Brown, Wheeler, Collins,

Dart, Dockery, . Griffin, Lowndes,

Rushin, Shuptrine,

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

The following privileged resolution was read:

By Mr. Blackburn of FultonA Resolution. Resolved by the House of Represen-
tatives, the Senate concurring that the General As-

WEDNESDAY, MARCH 21, 1917.

45

sembly meet in joint session in the Hall of the House of Representatives, Thursday at 11:00 o'clock A.M. for the purpose of consolidating and canvassing the vote for Governor and State House officers, and declaring the result thereof.

}lr. Sheppard of Sumter raised the point of order that the General Assembly is limited to the consideration of these questions included in the call of the Governor convening the General Assembly, and as the question of canvassing the vote of the Governor is not included in the call, the resolution is out of order.

The Speaker overruled the point of order.

}lr. Neill of Muscogee moved to table the resolution.
On the motion to table the resolution, Mr. Blackburn of Fulton called for the ayes and nays and the call was sustained.

The roll call was ordered and the vote was as fol-

lows:

.

.

Those voting in the affirmative were Messrs.-

Adams, Allen, Glascock, .Allen, Jackson, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clay, Ayer, Baggett, Bale, Ballard,

Barber, Barfield, Beazley, Bell, Milton, Beall, Richmond, Bowers, Boyett, Bradford, Bradley, Brooks,

Brown, Emanuel, Campbell, Carroll, Coleman, Calhoun, Coleman, Laurens, Collier, Gonger, Cook, Cooper, Cravey,

46

JouRNAL oF THE HousE.

Davidson, Davis, Dickerson, Dorris, Crisp, Dorris, Douglas, Dorsett, Duffy, Edwards, Bryan, Edwards, Haralson, Edwards, walton, Elders, Evans, Fowler, Fullbright, Gilliam, Gillis, Gordy, Green, Clayton, Green, Wilkes, Harris, walker, Harris, washington, Haynes, Heath, Hines, Hodges, Hogg, Holden, Hopkins, Howard, Hudson, .Tohnson, Appling, .Johnson, Gwinnett,

Jones, Coweta, Keene, Key, Kidd, King, Greene, King, Jefftrson, King, White, Kirby, Knight, Lane, Lanier, Ledbetter, LeSueur, Liles, Lowe, Lunsford, :Martin, ~thews, Elbert, Meadows, l\Ioore, Jeff Davis, Morris, Cobb, ::VIorris, Hart, )fcLanahan, McRae, Neill, Nunn, Olive, Oliver, Parker, Paris, Peacock, .Perkins,

Pharr, Pickren, Redwine, Heiser, Hice, Sheffield, Sheppard, Shipp, Sbort, Simpson, Sloan, Smith, DeKalb, Smith, Toombs, Steele, Stovall, Sumner, Swift, Taylor, -Monroe, Taylor, Washington, Turner, veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Williams, Wohlwender, Woodward, Worsham, Wright, Youmans, Caniller, Yeomans, Terrell,

Those voting in the negative were Messrs.-

Andrews, Arnold, Clarke, Atkinson, Fulton, Beck, Murray, Blackburn, Brinson,

Brown, Clarke, Burruss, Carter, Clarke, Clements,

Cole, Estes, Hartley, Hagland, Strickland,

Those not voting were Messrs.-

Anderson, Banks, Anderson, Floyd,

Arnold, Henry,

Arrington,

Arnold, Oglethorpe, Atkinson, Emanuel,

WEDNESDAY, MARCH 21, 1917.

47

Beck, Carroll, Brown, Wheeler, Bullard, Burtz, Carithers, Chancey, Collins, Connor, Culpepper, Dart, Dennard, Dockery, Dodd,

Dorsey, Ennis, Findley, Griffin, Decatur, Griffin, Lowndes, Jackson, Jones, Wilkinson, Marshall, Mathews, Dawson, Moore, Heard, Myrick, McCalla, Rich,

Ayes, 125; nays, 16.

The roll call was verified.

R{)berts, Rushin, Shannon, Shuptrine, Smith, Dade, Spence, Stark, Stewart, Thompson, Towles, Westbrook, Wheatley, Young,

On motion to table the resolution the ayes were 125 ; nays, 16.
The resolution was tabled.
Mr. Bale of Floyd moved the House do now adjourn; the motion was lost.
The following resolution was introduced, read for the first time and referred to the Committee on Avpropriations.
By Mr. Fullbright of Burke-
A resolution making an appropriation to pay incidental expenses of extra session.
The Speaker announced the next order of business to be the reports of standing committees.
Mr. Fullbright, Chairman of Committee on Appropriations, submitted the following report:

48

JouRNAL OF THE HousE.

Mr. Speaker:
Your Committee on Appropriations have had under consideration the following bills of the House and instructed me as their chairman to report ar-< follows:
H. R. No. 2, to appropriate $80,000.00 for def.ciency in Pension Fund. Do pass.
H. B. No.5, same purpose. Do not pass.
Respectfully submitted,
H. J. FuLLBRIGHT, Chairman.

Mr. Hopkins of Thomas County, Chairman of the Special Committee on Temperance, submitted the following report:
111r. Speaker:
Your Special Committee on Temperance have had under consideration the following bill of the House, and have instructed me, as their chairman to report the same back to the House with the recommendation that the same be withdrawn from the committee for the purpose of being read the second time and re-committed to this committee for further consideration, to-wit:
House Bill No. 1.
HoPKINs, Chairman.

The Speaker submitted the request of the Special Committee of 3'5 to the House and Mr. Black-

WEDNESDAY, MARCH 21, 1917.

49

burn of Fulton raised the point of order that under Rule 43, no bill could be read the second time and recommitted, unless the report of the committee to which it had been committed expressed a definite and a final decision, either favorably or unfavorably.
The Speaker overruled the point of order.
Mr. Blackburn of Fulton appealed' from the decision of the chair.
On that appeal, Mr. Blackburn of Fulton called for the ayes and nays.
The call was not sustained.
On the appeal from the decision of the chair, to sustain the chair, the ayes were 108; nays, 10.
The decision of the chair was sustained.
~1:r. Jackson of Chatham moved that the House do now adjourn and the motion was lost.
:Mr. Blackburn of Fulton moved to take from the table the resolution which provided for a joint session of the General Assembly to canvass the returns of election of Governor and State House officers.
The motion was lost.
Mr. Knight of Berrien moved the previous question on the request of the Special Committee of 35. The motion prevailed and the main question was ordered.
Mr. Blackburn of Fulton requested that he desired to have his objection registered in the Journal

50

JouRNAL OF THE HousE.

to the above action of the House relative to the request of the Special Committee of 35.
The requests of the Special Committee of 35 were granted.
The following bill of the House was read the second time and recommitted to the Special Committee of 35.
By Mr. Hopkins of ThomasA bill to amend the prohibition laws of Georgia,
with reference to the manufacture, sale or shipment of spirituous liquors within or into the State.
The following resolution was read the second time.
By Mr. Fullbright of BurkeA resolution to app~opriate $80,000.00 to complete
paying pensions for 1917.
Mr. Jones of Coweta moved that this House do now adjourn and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAy' MARCH 22, 1917.

51.

REPRESENTATIVE HALL, ATLANTA, GA.,

Thursday, March 22, 1917.

The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent the roll call was dispensed with.
The Journal of yesterday's proceedings was read and confirmed.
Mr. Fullbright of Burke asked leave of absence for the Special Committee of 35 until 11 :00 o'clock, A. M. The request was granted.
The following resolution was read and adopted:
By Mr. Walker of Ben Hill-

A RESOLUTION.
WHEREAs, the hand of death has visited our ranks since we last met in the halls of the House of Representatives of this State and removed from our midst our beloved and esteemed Messenger of the House, the Honorable Dan T. Paulk, of Ben Hill County,
REsOLVED that in the death of Mr. Paulk, we feel that we have lost an efficient and accommodating Messenger, an honest p_atriotic citizen of our State, and while we regret the loss of our friend, we believe in the Great Creator of the universe in that

52

JouRNAL OF THE HousE.

he doeth all things well, and that we too will sooner or later have to submit to the angel of death who will visit our homes with that awful message of death.
~ESOLVED FuRTHER, that a copy of thiS resolution be spread upon the Journal of the House and a copy be sent to the family of the deceased at Fitzgerald, Ga., Ben Hill County, conveying to,them the sympathies of the House in the loss of their beloved companion, and trusting that their future footsteps may ever lead them onward and upward until finally it will be, ''rest, sweet rest,'' with each of them.
The following resolution was taken up for consideration.
By Mr. Fullbright of Burke-
A resolution to appropriate $80,000.000 for the purpose of paying pensions of 1917.
The resolution involving an appropriation, it was necessary to resolve the House into a Committee of the Whole House.
Mr. Fullbright of Burke asked unanimous consent that the House instruct the Committee of the Whole House to dispense with the reading of the resolution in its entirety and limit debate on the resolution to 10 minutes, while in the Committee of the Whole House.
The unanimous consent was granted.
The Speaker resolved the House into the Commit-

THURSDAY, MARCH 22, 1917.

53

tee of the Whole House and designated Mr. Peacock of Dougherty as the Chairman thereof.
The Committee of the Whole House arose and through their Chairman, reported the resolution back to the House with the recommendation that the same do pass.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
The resolution involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Allen, Glascock, Anderson, Floyd, Anderson, Jenkins, ~\nderson, Wilkes, Arnold, Clarke, Arnold, Clay, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, Atkinson, Fulton, Ayer, Baggett, Bale, Ballard, Barber, Beazley, Beck, Carroll, Beck, Murray, Bell, :Milton, Blackburn, Bowers, Boyett, Bradford, Bradley,

Brinson, Brooks, Brown, Emanuel, Bullard, Burruss, Bortz, Campbell, Carithers, Carroll, Carter, Chancey, Clarke, Clements, Cole, Coleman, Calhoun, Coleman, Laurens, Collier, Collins, Conger, Cook, Cravey, Culpepper, Davis, Dennard,

Dickerson, Dockery, Dorris, Douglas, Dorsett, Duffy, Edwards, Haralson, Edwards, Walton, Elders, Ennis, Estes, Evans, Fowler, Fullbright, Gilham, Gordy, Green, Wilkes, Griffin, De.,11tur, Harris, Walker, Harris, Washington, Hartley, Haynes, Heath, Hines, Hodges,

54

JOURNAL oF THE HousE.

Hogg, Holden, Howard, .Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, Key, King, Jefferson, King, White, Kirby, Lane, Lanier, Ledbetter, LeSueur, Liles, LunsLord, )larshall, Mathews, Dawson, )feadows, .Moore, Heard,

:Moore, Jeff Davis, ){orris, Cobb, :Morris, Hart, }lcLanahan, Neill, Nunn, Olive, Parker, Parks, Peacock, Perkins, Pharr, Pickren, Ragland, Reiser, Rice, Rich, Rol>erts, Shannon, . Sheffield, Sheppard, Shipp,

Short, Simpson, Sloan, Steele, Stewart, Stovall, f:lumner, Swift, 'fhompson, Towles, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Wheatley, Williams, Wohlwender, Woodwarll, Worsham, Wright, Youmans, Candler, Yeomans, Terrell,

Those not voting were Messrs.-

Allen, Jackson, And<>reon, Banks,
Andrew~,
Arnold, Henry, Barfield, Beall, Richmond, Brown, Clarke, Brown, Wheeler, Connor, Cooper, Dart, Davidson, Dodd, Dorris, Crisp, Dorsey, Edwarc1s, Bryan,

Findley, Gillis, Green, Clayton, Griffin, Lowndes, Hopkins, Hudson, Jackson, Kidd, King, Greene,
Knigh~,
Lowe, :Martin, Mathews, Elbert, Myrick, )fcCalla, McRae,

Oliver, Redwine, Rushin, Shuptrine, Smith, Dade, Smith, DeKalb, Smith, Toombs, Spence, Stark, Stricklancl, Taylor, Monroe, Taylor, Washington, Turner, Westbrook, Young,

Ayes, 139; nays, 0.

THURSDAY, MARcH 22, 1917.

55

The roll call was verified.
On the passage of the resolution the ayes were 139; nays, 0.
The resolution having received the requiste constitutional majority, was passed.
The following resolution was read:

By Mr. Blackburn of Fulton-
A Resolution. Resolved by the House of Representatives, the Senate concurring, that a committee of five, three from the House and two from the Senate, be appointed to arrange for the inauguration of the Governor-elect.
The Speaker ruled the resolution out of order.
Mr. Blackburn of Fulton appealed from the decision of the chair.
The ruling of the chair was sustained without division.
Mr. Fullbright, of Burke County, Chairman of the Committee on Appropriations, submitted the following report:

ilfr. Speaker:
. Your Committee on Appropriations have had under consideration the following resolution of the House, and have instructed me, as their chairman, to report the same back to the House with recommendation that the same do pass: House resolution

56

JouRNAL OF THE HousE.

to make appropriation to cover incidental expenses of extra session.
FuLLBRIGHT, Chairman.

Mr. Hopkins, of Thomas County, Chairman of the Special Committee on Temperance, submitted the following report:
Mr. 8 peaker:
Your Special Committee on Temperance have had under consideration the following bill of the House, and have instructed me, as their chairman, to report the same back to the House with the recommendation that the same do pass, as amended, towit: House Bill No. 1.
HoPKINS, Chairman.

The following minority report was submitted on House Bill No. 1, and read:

Mr. Speaker:
The undersigned, being members of the special committee to whom was referred House Bill No. 1, which was introduced on Tuesday, March 20th, finding ourselves unable to agree with the favorable report made by the majority recommending the passage of said bill, desire to enter our protest and dissent from said recommendation and file this minority report with the recommendation that said bill do not pass for the reasons which will _be hereinafter stated.

THURSDAY, MARCH 22, 1917.

57

1. That such legislation, not desired and not wanted by the people of Georgia, will breed contempt, not only for this Act, but for all laws, and will not be enforced or respected by the people of Georgia, who believe that the call of this second extra session of the Legislature was for political purposes to advance the cause of certain political aspirants, who hope to ride into office on a political wave created for that purpose.

2. We further submit that at an extraordinaq session of this General Assembly held during the year 1915 an Act was passed covering the whole subject of the regulation of and prohibition upon the sale of and traffic in liquor in so far as the same was compatible with the provisions of the Constitution of this State, wherein by the 6th Section of said Act, approved on the 18th day of November, 1915, it was declared by the general policy of the State that certain liquors under non-prohibited conditions and in non-prohibited quantities should be delivered to and possessed by individuals for personal and domestic use only, which declaration of public policy was made by this General Assembly after the most mature deliberation and with the purpose and desire upon the part of the majority thereof to settle for all time the question touching the prohibition of the use of intoxicants in this State. The bill above mentioned, along with the companion bills relating to the general subject of the prohibition of the sale and use of liquor, constituted a comprehensive scheme which expressed in complete form the entire

58

JOURNAL OF THE HousE.

legislative thought of the State. Subsequently the Governor, under whose administration the prohibition legislation aforementioned was passed, be-
a came candidate to succeed himself, and notwith-
standing the unbroken precedent for forty years (saving only one isolated instance) that a Governor was awarded a second term by way of approval of his administration, the issue being directly made upon the action of the present Governor in bringing about the passage at an extraordinary session of the General Assembly of the legislation aforementioned the administration of said Governor was utterly and completely repudiated at the polls and he was ingloriously defeated and relegated to private life.
3. The right to use liquor for personal and domestic purposes has never within the history of the State, until now, been questioned. The only occasion upon which the people have had the opportunity to express their disapproval of the policy of puritanical prohibition was in the last general election, and the result of that election left no doubt as to what in the _public mind constituted the true public policy of the State of Georgia upon that subject. We submit therefore, that as a matter of expediency, not only has there been no demand from the public
for the passage of any prohibitive measure which denies to the citizen the right to use ardent spirits for domestic and personal purposes, but on the contrary the whole history of the State from the date of its organization establishes the traditional and in-

THURSDAY, MARCH 22, 1917.

59

herent right of the citizen to use such spirits as his judgment might dictate, provided that in such use he in no wise infringed upon the right of others. The Constitution of the State of Georgia in the Bill of Rights enumerates certain inherent privileges which belong to the citizens of Georgia, among others the right to bear arms, to be exempt from unreasonable search and seizure of person or property, the right to speak and write his own sentiments as he might deem proper, being responsible only for the abuse of the privilege, and numerous other rights specifically mentioned, and by paragraph 2, Sec. 5 and Article 1, of the Constitution it is expressly provided:
"The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which th~y may have hitherto enjoyed."
This provision was incorporated m the Constitution of 1877. There can be no dispute that prior to that date, and for a time whereof the memory of man runneth not to the contrary, the right of a citizen of Georgia to have, possess and keep in his own home for domestic and personal uses and for dispensation by way of hospitality just such liquors as he saw proper, including those, the use of which is now sought to be prohibited by the passage of this bill, was never questioned. We submit therefore, that when the Georgia Legislature by a majority ot its members undertakes to deprive a free white man of the privilege of the personal use of ardent spirits, it is an effort to deprive him of on~ of the inherent

60

JouRNAL OF THE HousE.

privileges which, under th~ Constitution of the State, he is entitled to enjoy as a citizen of Georgia. The undersigned appeal to the Constitution of this State as the Ark of the Covenant which must ultimately shelter and protect the rights of all the citizens of the State against the aggressions of arbitrary power.
4. We submit that this bill cannot be defended upon the theory that the State in the exercise of its police power may regulate and destroy the traffic in liquor. So far as we have been able to learn the police power has never been held in this State to extend to a prohibition upon the personal use of liquor. Indeed the proposition has never been hitherto seriously urged, nor until now has there ever been any pretension that the citizen could be deprived of this right by arbitrary legislation.
.). "'\Ve further submit that the organization of a system of State-wide consta1bulary invested with authority to institute a State-wide system of domiciliary visitation and espionage is contrary to the whole spirit and genius of the institutions of government under which we live. It violates the letter and spirit of the Constitution of this State in that it undertakes to set apart this proposed statute as a law unto itself and notwithstanding the provisions for the general enforcement of all penal laws to organize a State-wide system for the enforcement of this particular law. The people of Georgia by the Constitution have re~erved to themselves the authority to elect sheriffs, constables, policemen,

THURSDAY, :MARCH 22, 1917.

61

judges, solicitors general, and all other officers constituting a complete system of machinery for the enforcement of penal laws, but the bill recommended for passage by the majority proposes to take away from the people of the State the power to elect those officers who are to enforce this law and invest the Governor of the State with the arbitrary power of appointment and removal. We submit that not only is this contrary to the Constitution of the State but it invests the chief Executive of the State with an arbitrary power such as the people of this State have never yet conferred upon any chief Executive.
6. We further submit that there is no possible defense of that provision of the law which prohibits the manufacture for personal and family use of domestic wines and the prohibition against the use of such wines for sacramental purposes is an insult to the Christian civilization of the age. The bill presents the amazing paradox of authorizing the importation from other States of wines for sacramental purposeswhen by its terms it prohibits our own people from manufacturing wines for similar purposes from their own vines, and it might be helpful to inquire what would be the attitude of that religious denomination which is willing to take the sacrament from wines fermented in Tennessee and yet refuse to accept it when fermented from
grapes grown upon the vines of Georgia. The
hypocrisy of the whole situation is developed in this statement and we submit that under no possible theory of ethics, or morals, or of law can the pro-

62

JOURNAL OF THE HousE.

posed legislation be upheld as a constitutional or wise exercise of the power to make laws. We submit that the time has not yet come in Georgia when the people of this State are so indifferent to their rights as that they will sit quiet and unresisting and see themselves deprived by arbitrary power of their right to exercise the privileges of freemen. In the case of Adams Express Co. v. Commonwealth of Kentucky, reported in Vol. 238, page 190, of the decisions of the Supreme Court of the United States, that Court had under consideration a case which involved the right under the Webb-Kenyon law to exclude from interstate commerce liquors designed for personal use. This Court held that in view of the decision of the Supreme Coutt of Kentu~ky upon that subject that such liquors could not be prohibited in interstate commerce. It quotes from the decision of the Supreme Court of Kentucky, and it is refreshing in this day and generation to read from that case the sentiments expressed when it was sought to deprive the individual of his right to use liquor. That great Court said:

"The history of our State from its beginning shows that there never was even the claim of a right on the part of the Legislature to interfere with the citizen using liquor for his own comfort, provided that in so doing he committed no offense . against public decency by being intoxicated; and we are of opinion that it never has been within the competency of the Legislature to so restrict the liberty of the citizen, and certainly not since the adop-

TuESDAY, MARCH 20, 1917.

63

tion of the present Constitution. The Bill of Rights,

which declared that among the inalienable rights

possessed by the citizens is that of seeking and pur-

suing their safety and happiness, and that the ab-

solute and arbitrary power over the lives, liberty and

property of freemen exists nowhere in a republic,

not even in the largest majority, would be but an

empty sound if the Legislature could prohibit the

citizen the right of owning or drinking liquor when

in so doing he did not offend the laws of decency by

being intoxicated in public.

Therefore the.

question of what a man will drink, or eat, or own, pro-

vided the rights of others are nQt invaded, is one

which addresses itself alone to the will of the citizen.

It is not within the competency of government to

invade the privacy of a citizen's life and to regu-

late his conduct in matters in which he alone is Con-

cerned, or to prohibit him any liberty the exercise of

which will not directly injure society."

When we read the language of this decision and read it in connection with the hereditary traditions of our own State we may well inquire from whence does the Georgia Legislature draw the authority to take away from the citizen of the State the privilege of using his own discretion as to what he will drink, or what he will eat, or what he will own. These considerations lead us to the conclusion that not only is the proposed legislation unwise in the / superlativesense, but that it is in violation of the very spirit and genius of the institutions of govern-

64

JouRNAL OF THE HoTJsE.

ment under which we live. We, therefore, recommend that the bill do not pass.

STARK of Jackson. FINDLEY of Floyd. STRICKLAND of Pierce. JACKSON of Chatham. 'VALTER P. ANDREws of Fulton. DoN HARRIS of Walker.

The following resolution of he House was read the second time.

By Mr. Fullbright of Burke-
A resolution making an appropriation to pay the incidental expenses of the extra session.
The following resolution was read and adopted:
By Mr. Andrews of Fulton and Mr. Ledbetter of Polk-

A RESOLUTION.
REsOLVED by the House of Representatives, of the General Assembly of Georgia in extraordinary session assembled, That we heartily endorse and strongly commend the administration of our great President, Woodrow Wilson;

RESOLVED FuRTHER, That we condemn in unmeasured terms the conduct and actions of that

THURSDAY, MARCH 22, 1917.

65

coterie of Senators in the United States who labored to block, and who actually did block the President of the United States in the execution of his ideas and plans for the defence of our country and its commerce;
REsoLVED FuRTHER, That we do hereby declare our absolute confidence in our President, both as to his great ability and his splendid and unquestionable patriotism, and we do now solemnly assure the President that our sympathies and support shall be with him in whatever action he may feel called upon to take in properly meeting the events and coping with the exigencies that may arise in the administration of our-National affairs, whether in peace or war.
Mr. Hopkins of Thomas moved that 300 copies of the committee amendments to House Bill No. 1 be printed for the use of the members.
Mr. Wohlwender of MuB'cogee moved as a substitute that 300 copies of House Bill No. 1 as amended by the committee be printed for the use of the members.
Mr. Beazley of Taliaferro moved as a substitute to the original motion that 300 copies of House Bill No. 1 as introduced in the House, and 300 copies of the committee amendments be printed separately for the use of the members.
Mr. Blackburn of Fulton offered an amendment to the Beazley substitute to print also 300 copies of . the minority report to House Bill No. 1.

66

JounNAL 'oF THE HousE.

On the Blackburn amendment to the Beazley substitute, Mr. Andrews of Fulton called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Jackson, Andersun, Banks, Anderson, Floyd, Andrews, Arnold, Clarke, Arnold, Henry, Atkinson, Fulton, Bale. Barfield, Beazley, Beck, Murray, Blackburn, Bradford, Bradley, Bullard, Bnrtz, Carithers, Carter, Clarke, Clements, ('ole, Coleman, Calhoun, Crm-ey, Culpepper,

Davis, Dennar<l, Dockery, Dorsey, Duffy, Elders, Findley, Fowler, Gillis, Gordy, Green, Clayton, Harris, Walker, Hartley, Haynes, Holden, Howard, Hudson, Jaekson, Keene, Kirby, Lane, Ledbetter, LeAueur, llfarshall,

Mathews, Elbert,
~Ieadows,
~!orris, Cobb, :McLanahan, :McRae, Neill, Olh-e, Parks, Pickren, Ragland, Redwine, Reiser, Roberts, Sloan, Spence, Stark, Stewart, Striekland, Thompson, Webb, Wheatley. Wohlwencler, Woonward, Youmans, Can<ller,

Those voting in the negative were :Yfessrs.-

Adams, Allen, Glascock, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clay, Arrington,

Atkinson, Emanuel, Ayer, Baggett, Ballard, Barber, Beck, Carroll,

Bell, :.\filton, Bowers, Boyett, Brooks, Brown, Emanuel, Brown, Wheeler,

THURSDAY, MARCH 22, 1917.

67

Carroll, Chancey, Coleman, Laurens, Collins, Conger, Cook, Cooper, Davidson, Dickerson, Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett, Edwards, Haralson, Edwards, Walton, E>ans, Fullbright, Gilliam, Green, Wilkes, Harris, Washington, Heath, Hines, Hodges,

Hogg, Hopkins, Johnson, Appling, Jones, Coweta, Key, Kidd; King, Greene, King, Jefferson, King, White, Knight, Lanier, Liles, Lunsford, Martin, Mathews, Dawson, Moore, Heard, :Moore, Jeff Davis, Nunn, Oliver, Parker, Peacock, Perkins,

Pharr, Rice, Rich, Sheffield, Sheppard, Shipp, Short, Shuptrine, Simpson, Hmith, DeKalb,
Steel~.
Stovall, Taylor, Monroe, Taylor, Washington, Veazey, Walker, Ben Hill, Walker, Bleckley, Williams, Worsham, Wright, Yeomans, Terrell,

Those not voting were Messrs..-

Arnold, Oglethorpe, Beall, Richmond, Brinson, Brown, Clarke, Burruss, Campbell, Collier, Connor, Dart, Edwards, Bryan,

Ennis, Estes, Griffin, Decatur, Griffin, Lowndes, Johnson, Gwinnett, Jones, Wilkinson, Lowe, Morris, Hart, Myrick, McCalla,

Rushin, Shannon, &'mith, Dade, Smith, Toombs, Sumner, &'wift, Towles, Turner, Westbrook, Young,

Ayes, 72 ; nays, 84.

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

68

JOURNAL oF THE HousE.

On the Blackburn amendment to the Beazley substitute the ayes were 72; nays, 84.

The Blackburn amendment to the Beazley substitute was lost.

The Beazley substitute to the Hopkins motion was carried, and 300 copies of House Bill No. 1, as introduced in the House, and 300 copies of the committee amendments to House Bill No.1 were ordered printed.

Mr. Fullbright of Burke asked unanimous consent that the House meet tomorrow morning at 9:00 o'clock; that House Bill No. 1 he taken up for consideration; that individual speeches on amendments to House Bill No. 1 be limited to 10 minutes; that the debate on House Bill No. 1, as perfected by the House, be. limited to 6 hours; three hours to be given to each side.
All the requests were granted.
Mr. Shuptrine of Chatham moved that the House do now adjourn and the motion prevailed.
I
Leave of absence was granted Mr. Beck, of Carroll.
Leave of absence was requested by Mr. Dorsett of Carroll, but there was objection.
The Speaker announced the House adjourned untill tomorrow morning at 9 :00 o'clock.

FRIDAY, MARCH 23, 1917.

69

REPRESENTATIVE HALL, ATLANTA, GA.,

Friday, March 23', 1917.

The House met pursuant to adjournment this day at 9:00 o'clock, A. M.; 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, Allen, Glascock, Allen, Jackson, Anderson, Banks, Anderson, Floyd, Anderson, Wilkes, Andrews, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, Atkinson, Fulton, Ayer, Baggett, Bale, Ballard, Barber, Barfield, Beazley, Beck. Carroll, Beck, Murray, Bell, Milton, Beall, Richmond, Blackburn, Bowers, Boyett, Bradford, Bradley, Brinson,

Brooks, Brown, Clarke,. Brown, Emanuel, Brown, Wheeler, Bullard, Burruss, Burtz, Campbell, Carithers, Carroll, Carter, Chancey, Clarke, Clements, Cole, Coleman, Calhoun, Coleman, Laurens, Collier, Collins, Conger, Connor, Cook, Cooper, Cravey, Culpepper, Davidson, Davis, Dennard, Dickerson, Dockery, Dodd,

Dorris, Crisp, Dorris, Douglas, Dorsett, Dorsey, Duffy, Edwards, Haralson, Edwards, Walton, Elders, Ennis, Estes, Evans, Findley, Fowler, Pullbright, Gilliam, Gillis, Gordy, Green, Clayton, Green, Wilkes, Griffin, Decatur, Harris, Walker, Harris, Washington, Hartley, Haynes, Heath, Hines, Hodges, Hogg, Holden, Hopkins, Howard,

70

JOURNAL oF THE HousE.

Hudson, Jackson, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, .h..ey, Kiud, King, Greene, King, Jefferson, King, White, Kirby, Ku'ght, Lane, Lanier, Ledbetter, LeSueur, Liles, Lowe, Lunsford, :Marshall, Martin, Mathews, Dawson, Mathews, Elbert, Meadows, Moore, Heard, Moore, .Jeff Davis, Morris, Cobb,

:-lorris, Hart, Myrick, McCalla, McLanahan, McRae, Neill, Nunn, Olive, Oliver, Parks,. Parker, Peacock, Perkins, Pharr, Pickren, Ragland, Rf'dwine, Reiser, Rice, Rich, Roberts, Shannon, Sheffield, Sheppard, Shipp. Short, Simpson, Sloan, Smith, Daile,

Smith, l>eKalb, Smith, Toombs, Spence, Stark, :::lteele, Stewart, Stovall, Strickland, Sumner, Swift, Taylor, Monroe, Taylor, Washington, Thompson, Towles, Turner, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Wheatley, Williams, Wohlwender, Woodward, Worsham, Wright, Youmans, Candler, Yeomans, Terrell, Young,

Those absent were Messrs.-

1 Anderson, .Jenkins, Dart,
Edwards, Bryan,

Griffin, Lowndes, Rushin,

Shuptrine, Westbrook,

By unanimous consent the reading of the ,Journal was dispensed with.

By unanimous consent, gTanted at the request of Mr. Fullbright of Burke, the consideration of

FRIDAY, MARCH 23, 1917.

71

House Bill No. 1 was postponed until afterthe consideration of House Resolution No. 8.
The following resolution of the House was taken up for consideration:
By Mr. Fullbright of Burke-.
A resolution making an appropriation to pay incidental expenses of the extra session..
The resolution was read the third time.
The resolution involving an appropriation, it was necessary to resolve the House into the Committee of the Whole House.
Mr. Fullbright of Burke asked unaniruon::! consent that the House instruct the Committee of the Whole House to dif?pense with the reading of the resolution in its entirety and limit debate on the resolution to 10 minutes, while in the Committee of the Whole House.
The unanimous consent was granted.
The Speaker resolved the House into the Committee of the Whole House and designated :Mr. Veazey of Warren as the chairman thereof.
The Committee of the Whole House arose aud, through their chairman, reported the resolution back to the House with the recommendation that the same do pass.
The report of the committee, which was favorable to the resolution, was agreed to.

72

JOURNAL OF THE HousE.

The resolution involving an appropriation, the roll call was ordered and the vote was as follows :

Thos~ voting in the affirmative were Messrs.-

Ad3.IIIS1 Allen, Glascock, Allen, Jackson, Anderson, Banks, Andrews, Arnold, Clay, Arnold, Henry, Arrington, Atkinson, Emanuel, Ayer, Baggett, Bale, Ballard, Barber, Barfield, Beazley, Beck, Carroll, Bell, Milton, Blackburn, Boyett, Bradford, Brinson, Brooks, Brown, Emanuel, Brown, Wheeler, Bullard, Carithers, Carroll, Carter, Chancey, Clements, Cole, Coleman, Calhoun, Coleman, Laurens, Collier, Conger, Cook, Cooper,

Cravey, Culpepper, Davidson, Davis, Dickerson, Dockery, Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett, Dorsey, Duffy, Edwards, Haralson, Edwards, Walton, Elders, Ennis, Fowler, Fullbright, Gillis, Gordy, Green, Clayton, (heen, Wilkes, Harris, Washington, Hartley, Haynes, Heath, Hines, Hodges, Hogg, Holden, Hopkins, Jackson, .Johnson, Appling, .Tones, Coweta, .Tones, Wilkinson, Keene, Key,

Kidd, King, Greene, King, J e:trer.son, King, White, Kirby, Knight, Lane, Lanier, Ledbetter, Liles, Lowe, Lunsford, Martin, Mathews, Dawson, Meadows, Moore, Heard, Moore, Jeff Davis, Morris, Cobb, Morris, Hart, McLanahan, McRae, Neill, Nunn, Oliver, Parker, Peacock, Perkins, Pickren, Redwine, Reiser, Shannon, Sheffield, Sheppard, Shipp, Short, Simpson, Sloan,

FRIDAY, MARCH 23, 1917.

73

Steele, l:lumner, Taylor, Monroe, Taylor, Washington, Thompson,

Towles, Veazey, Walker, Ben Hill, Webb,

Williams, Wright, Youman8, Candler, Yeomans, Terrell,

Those not voting were Messrs.-

Anderson, Floyd, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clarke, Arnold, Oglethorpe, Atkinson, Fulton, Beck, Murray, Beall, Richmond, Bowers, Bradley, Brown, Clarke, Burmss, Burtz, Campbell, Clarke, Collins, Connor, Dart, Dennard, Edwards, Bryan, Estes,

Evans, Findley, Gilliam, Griffin, Decatur, Griffin, :{..owndes, Harris, Walker, Howard, Hudson, Johnson, Gwinnett, LeSueur, .llarshall, Mathews', Elbert, Myrick, McCalla, Olive, Parks, Pharr, Ragland, Rice, Rich,

Roberts, Rushin, Shuptrine, E>'mith, Dade, Smith, DeKalb, Smith, Toombs, Spence, Stark, Stewart, Stovall, Strickland, Swift, Turner, Walker, Bleckley, Westbrook, Wheatley, Wohlwender, Woodward, Worsham, Young,

Ayes, 125 ; nays, 0.

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

Ori the passage of the resolution, the ayes were 125 ; nays, 0.

The Speaker announced the reports of standing committees as the next order of business.
f
Mr. Hopkins of Thomas County, Chairman of the Special Committee on Temperance, submitted the following report:

74

JOURNAL OF THE HousE.

Mr. Speaker:
Your Special Committee on Temperance have had under consideration the following bills of the House, and have instructed me, as their chairman, to report the same back to the House with the recommendation as follows:
House Bill No. 2. Do not pass.
House Bill No. 3. Do not pass.
House Bill No. 4. Do not pass.
HoPKINS, Chairman.

The following bill of the House was taken up for consideration and read the third time:

By Mr. Hopkins of Thomas-
A bill to amend the prohibition laws of Georgia with reference to the manufacture, sale or shipment of spirituous liquors within or into the State.
By unanimous consent it was agreed to consider the bill by sections.
The committee offered the following amendment to Section 1 :
Amend Section 1 as follows: By striking out the words, ''at home or elsewhere,'' in the 16th line of said section on page 2.
On the adoption of the amendment, Mr. Peacock of Dougherty called for the ayes and nays and the call was sustained.

FRIDAY, MARCH 23, 1917.

75

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adalll8, Allen, Glascock, Allen, Jackson, Anderson, Floyd, Anderson, Wilkes, Arnold, Clay, Arrington, Atkinson, Emanuel, Baggett, Ballard, Barber, Barheld, Beck, Carroll, Bell, Milton, Beall, Richmond, Bowers, Boyett, Bradley, Brooks, Brown, Wheeler, Carroll, Chancey, Collier, Conger, Cook, Cooper, Culpepper, Daddson, Dickerson, Dodd, Dorris, Crisp, DorriS, Douglas, Dorsett, Duffy,

.Edwards; Haralson, Edwards, Walton, Elders, Ennis, Evans, Fullbright, Gilliam, Gordy, Green, Clayton, Green, Wilkes, Heath, Hines, Hodges, Hopkins, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, Key, Kidd, King, Greene, King, Jefferson, King, White, Kirby, Knight, Lane, Lanier, Ledbetter, Liles, Lu:nsford,
~fartin,
:i\feadows,

Moore, Heard, Moore, Jeff Da\is, Morris, Cobb, Morris, Hart, McRae, Neill, Nunn, Oliver, Parker, Perkins, Pharr, Reisl.'r, Rice, Sheppard, Shipp, Short, Simpson, Smith, DeKalb, Stark, Steele, Stewart,
~umner,
Taylor, Monroe, Taylor, Washington, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Williams, Worsham, Wright, Yonmans, Candler, l eomans, Terrell,

Those voting in the negative were Messrs.-

Anderson, Banks, Andrews,

Arnold, Clarke, Arnold, Henry,

Arnold, Oglethorpe, Atkinson, Fulton,

76

JouRNAL oF THE HousE.

Ayer, Bale, Beck, Murray, Blackburn, Bmdford, Brinson, Bullard, Burtz, Carithers, Carter, Clarke, Clements, Cole, Coleman, Calhoun, Coleman, Laurens, Collins, Cravey,

Davis, Dennard, Dorsey, Estes, Fowler, Gillis, Griffin, Decatur, Harris, Washington, Hartley, Haynes, Holden, Hudson, Jackson, LeSueur, Lowe, Mathews, Dawson, McCalla,

McLanahan, Olive, Parks, Peacock, Pickren, Ragland, Rich, Roberts, Shannon, Sheffield, Sloan, Strickland, Thompson, Wheatley, \ f ohlwender, Woodward,

Those not voting were Messrs.-

Anderson, Jenkins, Beazley, Brown, Clarke, Brown, Emanuel, Burruss, Campbell, Connor, Dart, Dockery, Edwards, Bryan,

Findley, Griffin, Lowndes, Harris; Walker, Hogg, Howard, Marshall, Mathews, Elbert, Myrick, Redwine, Ru111bin,

Shuptrine, Smith, Dade, Smith, Toombs. Spence, Stovall, !Swift, Towles, Turner, Westbrook, Young,

Ayes, 100; nays, 56.
By unanimous consent the verification of the roil call was dispensed with.
On the adoption of the amendment the ayes were 100; nays, 56.
The amendment was adopted. The following amendment was offered:

FRIDAY, MARCH 23, 1917.

77

By Mr. Stewart of Coffee-
Amend Section 1 by adding after word, ''exeepted," line 15, "Provided however, that nothing in this section shall prohibit any person from keeping one quart of whiskey or wine in their home for personal or medical use."
On the adoption of the amendment, Mr. Stewart of Coffee called for the ayes and nays and the call was sustained.
The roll call was ordered 'and the vote was as follows:

rrhose voting in the affirmative were Messrs.-

Anderson, Floyd, Andrews, Arnold, Clarke, Arnold, Henry, Arnold, Oglethorpe, Atkinson, Fulton, Bale, Barfield, Beazley, Bec:K, Murray, Blackburn, Bradford, Bradley, Brown, Clarke, Brown, Wheeler, Bullard, Carithers, Carter,

Clarke, Clements, Cole, Coleman, Calhoun, Collins, Dennard, Dickerson, Dorsey, Ennis, Estes, Fowler, Gillis, Green, Wilkes, Griffin, Decatur, Hartley, Haynes, Hudson, Jackson,

Keene, LeSueur, Lowe, Mathews, Dawson, Morris, Cobb, McCalla, McLanahan, Pickren, Ragland, HHlwine, Shannon, Sloan, Stark, Stewart, Strickland, Thompson, Wheatley, Woodward,

Those voting in the negative were Messrs.-

Adams, Allen, Glascock, Allen, Jackson,

Anderson, Banks, Anderson, Wilkes, Arnold, Clay,

Arrington, Atkinson, Emanuel,

78

JOURNAL OF THE HousE.

Ayer, Baggett, Ballard, Barber, Beck, Carroll, Bell, Milton, Beall, Richmond, Bowe.rs, Boyett, Brinson, Brooks, Brown, Emanuel, Burtz, Carroll, Chancey, Coleman, Laurens, Collit>r, Conger, Cook, Cooper, Cravey, Uulpepper, Davidson, Davis, Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett, Duffy, Edwards, Haralson, Edwards, Walton, Elders,

Evans, Fullbright, Uilliam, Gordy, Green, Clayton, Harris, Washington, Heath, Hines, Hodges, Hogg, Holden, Hopkins, .Johnson, Appling, .Johnson, Gwinnett, .Jones, Coweta, .Jones, Wilkins, Key, Kidd, King, Greene, King, .Jefferson, King, White, Kirby, Knight, Lane, Lanier, Liles, Lunsford, Martin: Meadows, Moore, Heard, Moore, .Jeff Davis, Morris, Hart,

McRae, Neill, Nunn, Olive, Oliver, Parker, Peacock, Jerkins, Pharr, Reiser, Rice, Rich, Roberts, Sheffield, Sheppard, Short, Simpson, Smith, DeKalb, Steele, Stovall, Sumner, Taylor, Monroe, Taylor, Washington, Veazey, Walker, Ben Hill, Walker, Bleckley, Williams, Wohlwender, Worsham, Wright, Yeomans, Terrell,

Those not voting were ~fessrs.-

Anderson, .Jenkins, Burruss, Campbell, Connor, Dart, Dockery, Edwards, Bryan, Findley, Griffin, Lowndes, Harris, Walker,

Howard, Ledbetter, Marshall, Mathews, Elbert, Myrick, Parks, Rushin, Shipp, Shuptrine, Smith, Dade,

Smith, Toombs, Spence, Swift, Towles, Turner, Webb, Westbrook, Youmans, Candler, Young,

FRIDAY, MARCH 23, 1917.

79

Ayes, 54; nays, 103. By unanimous consent the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 54; nays, 103. The amendment was lost.. The following amendment was offered.
By .Mr. Stark of JacksonAmend Section 1 of House Bill No. 1 by adding at
the end of Section 1 the following: ''And it shall be likewise unlawful for any person to sell, possess or offer for sale any imitation of, or substitute for any intoxicating liquors protected under any patented name or formula containing .any quantities of caffeine whatever, which is used for beverages such as Coca-Cola, Chero-Cola, Bludwine or similar drinks.''
On adoption of the amendment, Mr. Peacock of Dougherty called for the ayes and nays and the -call was sustained.
The roll call was ordered and the vote- was as follows:

Thosevoting in the affirmative were Messrs.-

Adams, Allen, Glascock, Allen, Jackson, Anderson, Banks, Anderson, Floyd,

Bell, Milton, Bradford, Bradley, Brown, Emanuel, Carithers,

Cravey, Davis, Dockery, Duffy, Elders,

Arnold, Clarke, Arnold, Oglethorpe, Arrington, Baggett, Bale, . Beazley,

Carter, Clarke, Clements, Coleman, Calhoun, Coleman, Laurens, Collier,

Estes, Findley, Fowler, Gillis, Green, Clayton, Griffin, De.,:.tur,

Beck, Murray,

Cook,

80

JOURNAL oF THE HousE.

Hartley, Haynes, Hudson, Jackson, Kuby, LeSueur, Lowe, . .Meadows,

.Morris, Hart,
~l'lcLanahan,
Parks, Perkins, Pickren, Shannon, Sheffield, Sloan,

Stark, Strickland, Sumner, Thompson, Towles, Veazey, Walker, Ben Hill, Wheatley,

Those voting in the negative were Messrs.-

Anderson, Wilkes, Andrews, Arnold, Clay, Atkinson, Emanuel, Atkinson, Fulton, Ayer, Ballard, Barber, Barfield, Beck, Carroll, Beall, Richmond, Blackburn, Bowers, Boyett, Brinson, Brooks, Brown, Clarke, Bullard, Burtz, Carroll, Chancey, Cole, Conger, Cooper, Culpepper, Davidson, Dickerson, Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett, Dorsey,

Edwards, Haralson, Edwards, Walton, Evans, Fullbright, Gilliam, Green, Wilkes, Harris, Washington, Heath, Hines, Hodges, Hogg, Hopkins, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, Key, Kidd, King, Greene, King, Jefferson, King, White, Knight, Lane, Lanier, Ledbetter, Liles, Lunsford, Marshall, Martin, Moore, Heard, Moore, Jeff Davis,

Morris, Cobb, McCalla, McRae, Neill, Nunn, Olive, Oliver, Peacock, Pharr, Ragland, Redwine, Reiser, Rice, Rich, Shipp, Short, Simpson, Smith, DeKalb, Steelfl, Stewart, Stovall, Taylor, .:Monroe, Taylor, Washington, Walker, Bleckley, Webb, Williams, Wohlwender, Woodward, \worsham, Wright, Youman8', Candler, Yeomans, Terrell,

Those not voting were Messrs.-

Anderson, Jenkins, Arnold, Henry,

Brown, Wheeler, Burruss,

Campbell, Collins,

FRIDAY, MARCH 23, 1917.

81

Connor, Dart, Dennard, Edwards, Bryan, Ennis, Gordy, Griffin, Lowndes, Harris, Walker, Holden,

Howard, Mathews, Dawson, Mathews', Elbert, Myrick, Parker, R{)berts, Rut;hin, Sheppard,

Ayes, 59 ; nays, 96.

Shuptrine, :Smith, Dade, Smith, Toombs, SpencP., Swift, Turner, Westbrook, Young,

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

On the adoption of the amendment the ayes were 59; nays, 96.

The amen'dment was lost.

The following resolution was read and adopted as amended.

By Mr. Roberts of Hall-
A resolution providing for the adjournment of the morning session today at 2 :00 o'clock for the day in order to give the members of the House the _ opportunity of hearing the address of Hon. William H. Taft.

The following amendments to the resolution were read and adopted:

By Mr. Brinson of Johnson-

Amend by striking the wo!ds, "two o'clock," and inserting in lieu thereof the words, "one o'clock.,.

By Mr. Yeomans of Terrell-

Amend by striking the words "for the day" and

82

JOURNAL oF THE HousE.

inserting in lieu thereof, the words, ''until 9 :00 o'clock Saturday morning."
By Mr. Blackburn of Fulton-
By adding at the end of the resolution the following words, ''and the session of . Saturday be devoted to the consideration of general business.''
Leave of absence was granted Mr. Parks of Upson; Mr. Howard of Liberty; Mr. Ragland of Tolbert; Mr. Heath of Burke; Mr. Mathews of Elbert; Mr. Arnold of Clarke; Mr. Perkins of Habershani.
The hour of 1:00 o'clock having arrived the Speaker announced the House adjourned until tomorrow morning at 9 :00 o'clock.

SATURDAY, MARCH 24, 1917.

83

REPRESENTATIVE HALL, ATLANTA, GA.,

Saturday, March 24, 1917.
The House met pursuant to adjournment this day at 9:00 o'clock, A. M.; was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent the roll call was dispensed with.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following resolution was read and referred to the Committee on Rules :
By Mr. Fullbright of Burke-
A Resolution. Resolved that Senate Bill No. 1 be read the first time and committed Monday, March 26, 1917, immediately after the confirmation of the Journal and that said bill be read a second time on Tuesday, March 27th, 1917.
The following resolution was read and adopted as amended:
By Mr. Clarke of Mcintosh-
A RESOLUTION.
WHEREAs, the hand of death has entered our midst and has taken our beloved brother and friend and companion, Hon. J. E. Dart, who has so faithfully represented Glynn County, in this House,
RESOLVED that we do hereby offer our sincere

84

JouRNAL OF THE HousE.

sympathy to his family, realizing that his family has lost a loving father, his community a good citizen and the State a faithful servant. That this resolution be spread on the Journal of today and that a copy be furnished his family.
REsOLVED FuRTHER, that the Speaker appoint a committee of 5 to attend his funeral and that this House do adjourn at 12:00 o'clock today in honor of his memory.
The following amendment was read:
By Mr. Wohlwender of Muscogee-
Amend said resolution by striking therefrom the words, "at 12 today," and inserting in lieu thereof the word, ''immediately.''
The Speaker appointed the following Representatives as members of the committee to escort the remains of Hon. Jacob E. Dart to Brunswick:
Mr. Clarke of Mcintosh, Chairman; Mr. Atkinson of Fulton, Mr. Beck of Murray, Mr. Walker of Beckley, Mr. Bradford of Whitfield.
Mr. Blackburn of Fulton moved that a committee of three be appointed to drape the chair of Hon. Jacob E. Dart, of Glynn.

The Speaker appointed the following Representatives as members of that committee:

Mr. Ledbetter of Polk, Chairman; Mr. Blackburn of Fulton, Mr. Wohlwender of Muscogee.

SATURDAY, MARCH 24, 1917.

85 .

Mr. Blackburn moved that a committee of "10 be . appointed to purchase a suitable floral offering.
The Speaker appointed the following Representatives as members of that committee:
Mr. Blackburn of Fulton, Chairman; Mr. Olive of
Richmond, Mr. Stark of .tackson, Mr. Sheppard of
Sumter, Mr. Bale of Floyd, Mr. Kirby of Coweta, Mr. Wohlwender of Muscogee, Mr. Roberts of Hall, Mr. Atkinson of Emanuel, Mr. Ayer of Bibb.
The Speaker announced the House adjourned until Monday morning at 10:00 o 'cl.ock.

MoNDAY, MARCH 26, 1917.

87

REPRESENTATIVE HALL, ATLANTA, GA.,
Monday, March 26, 1917.

The Ho-use met pursuant to adjournment this day at 10:00 o'clock, A. ~L; 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, Allen, Glascock, Allen, Jackson, Anderson, Banks, Anderson, Floyd, Ande1son, Jenkins, Anderson, Wilkes, Andrews, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, Atkinson, Fulton, Ayer, Baggett, Bale, Ballard, Barber, Barfield, Beazley, Beck, Carroll, Beck, :Murray, Bell, 11Iltnn, Beall, R-ichmond, Blackburn, Bowers, Boyett, Bradford,

Bradley, Brinson, Brooks, Brown, Clarke, Brown, Emanuel, _Brown, Wheeler, Bullard, Burruss, Burtz, Campbell, Carithers, Carroll, Carter, Chancey, Clarke, Clements, Cole, Coleman, Laurens, Collier, Collins, Conger, Conn01, Gook, Cooper, Cravey, Culpepper, Davidson, Davis, Dennard, Dockery,

Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett, Dorsey, Duffy, Edwards, Bryan, Edwards, Haralson, Edwards, Walton, Elders, Ennis, Estes, Evans, Findley, Fowler, Fullbright, Gilliam, Gillis, Gordy, Green, Clayton, Green, Wilkes, Griffin, Decatur, Harris, Walker, Harris, Washington, Hartley, Haynes, Heath, Hines, Hodges,

88

JOURNAL oF THE HousE.

Hogg, Holden, Hopkins, Howard, Jackson, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, Key, Kidd, King, Greene, King, Jefferson, King, White, Kirby, Knight, Lane, Lanier, Ledbetter, LeSueur, Liles, Lowe, Lunsford, Marshall, Martin, Mathews, Dawson, Mathews, Elbert, Meadows, Moore, Heard,

Moore, Jeff Davis, Morris, Cobb, Morris, Hart, Myrick, McCalla, McLanahan, McRae, Neill, Nunn, Olive, Oliver, Parker, Parks, Peacock, Perkins, Pharr, Pickren, Ragland, Fedwine, Reiser, Rich, Roberts, Shannon, Sheffield, Sheppard, Shipp, Short, Shuptrine, Simpson, Sloan,

:iimith, Dade, Smith, DeKalt Smith, Toombs, Spence, E't:lrk, Steele, Stewart, Stovall, Strickland, Sumner, S'wift, Taylor, Monroe, Taylor, Washington, Thompson, Towles, Turner, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Wheatley, Williams,
- Wohlwender, Woodward, Worsham, Wright, YoumanS', Candier, Yeomans, Terrell, Young,

Those absent were Messrs.-

Coleman, Calhoun, lJ:ickerson, Griffin, Lowndes,

Hudson, Rice, .

Rushin, Westbrook,

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

The following resolution was read for the first time and ordered to lie on the table one day:

By Mr. Burwell of Hancock-
A Resolution. Be it resolved by the General As-

MoNDAY, MARCH 26, 1917.

89

sembly of Georgia, that by this joint resolution the appreciation of its members shall be expressed to Hon. William H. Taft for the able and instructive address delivered on Friday, March 23, on the subject of the League to Enforce Peace.
Be it further resolved that"-in expression of our approv~l and endorsement of the principles and purposes of the League to Enforce Peace, a copy of these resolutions shall be transmitted to Hon. Wm. H. Taft and to the officers of the League to Enforce Peace.
The following message was received from the Senate, through' Mr. McClatchey, Secretary thereof: Mr. Speaker:
The Senate bas adopted the following resolutions in :which the concurrence of the House is asked, towit:
A resolu..tion expressing appreciation to Hon. William H. Taft for the able and instructive address on the subject of the League to Enforce Peace.
A resolution endorsing the city of Rome as the place for the location of the U. S. Armor Plate Plant.
The foilowing message was received from the Senate, through Mr. McClatchey, Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate, towit:
A bill to amend and supplement the prohibition laws of this State.
The following resolution of the Senate was read: and concurred in : By Messrs. Burnside, McLaughlin, Pickett of 41st

90

JouRNAL oF THE HousE.

District .and Lawrence-
A resolution endorsing the city of Rome as the place for the location of the U. S. Armor Plate Plant.
The following resolution of the Senate was read and concurred in as amended:
By Mr. Persons of 22nd District-
A resolution expressing appreciation to Hon. william H. Taft for the able and instructive address delivered yesterday on the subject of the League to Enforce Pea~e.
The following amendments to the above resolution were read and adopted:
By Mr. Fullbright of BurkeAmend Senate resolution by striking the words,
"the General Assembly," in line 1 of the resolution and inserting in lieu thereof the words; ''the Senate, the House concurring.''
By Mr. Fullbright of Burke-
Amend further by striking the words, "yesterday," in line 4 of the resolution and inserting in lieu thereof the words, "Friday, March 23rd, 1917."
Mr. Blackburn of Tifton, Vice-Chairman, COlnmittee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules have had under consideration a resolution providing for the reading

MoNDAY, MARCH 26, 1917.

91

of Senate bills first and second time and I am directed to report as fol1ows:
That Senate Bill No. 1 be read a :first time, -Monday, March 26, immediately after the confirmation of the Journal.
2nd. That Senate Bill No. 1, favorably reported, be put upon the calendar for a second reading on Tuesday.
Respectfully,
BLACKBURN, Vice-Chairman.

The following resolution was taken up for consideration:
By Mr. Fullbright of Burke-
A resolution that Senate Bill No. 1 be read a first time on Monday, March 26th, immediately after the confirmation of the .Journal.
2nd. That Senate Bill No. 1 be put on the calendar for a second reading on Tuesday.
The report of the committee which was favorable to the adoption of the resolution was agreed to.
The resolution was adopted.
The following resolution was read the :first time and ordered to lie on the table one day:
By Mr. Bale of Floyd-
A resolution urging upon the President of the United States and the Secretary of the Navy, the

92

JOURNAL OF THE HousE.

desirability of locating this plant at the City of Rome, Georgia.

The following bill of the Senate was introduced and read for the first time and referred to the Special Committee of 35:
By Messrs. Tison, Eakes, Walker, Persons and others-
A bill to amend and supplement the prohibition laws of this State and for other purposes.
The following bill of the House was taken up for consideration:
By Mr. Hopkins of Thomas and others-
A bill to he entitled an Act to amend and supple-
m4mt the prohibition laws relating to shipping any
spirituous or other intoxicating liquors.
The following amendment was read:
By Mr. Stewart of Coffee-
Amend Section 1 by inserting after the word "excepted" in line 15 the following: "Provided that the qualified voters of this State shall be allowed to possess at their home, and not elsewhere, one quart of whiskey or wine per month for medicinal or domestic purposes to be ordered and possessed under the restrictions as now provided by law.''
Mr. Stewart of Coffee called for the ayes and nays on the adoption of the amendment and the call was sustained.

MONDAY, MARCH 26, 1917.

93

The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.-

,;1 nuerson, Banks, Anderson, Floyd, Andrews, Arnold, Clarke, Arnold, Henry, Atkinson, Fulton, Bale, .Barfield, Beazley, Beck, Murray, Blackburn, Bradford, Bradley, Brinson, Brown, Clarke, Bullard, Carithers, Clarke;

Clements, Collins, Cravey, Dennard, Dockery, Dorsey, Estes, Findley, Fowler, Harris, Walker, Haynes, Holden, Jackson, Key, Kirby, Lane, LeSueur,

Mathews, Dawson, Mathews', Elbert, Morris, Cobb, Morris, Hart, Myrick, Pickren, Reiser, Roberts, Shannon, Shipp, Sloan, Stark, Stewart, Strickland, Wheatley, Woodward, Youmans', Candler,

Those voting in the negative were Messrs.-

Adams, Allen, Glascock, Allen, Jackson, Anderson, Jenkins, Arnold, Clay, Arrington, Atkinson, Emanuel, Ayer, Ballard, Barber, Beall, Richmond, Bowers, Boyett, Brooks, Burtz, Campbell, Carroll, Chancey, Coleman, Laurens,

Collier, (.,onger,
Cook, Culpepper, Davidson, Dorris, Crisp, Dorris', Douglas, Dorsett, Duffy, Edwards, Haralson, Edwards, Walton, Elders, Evans, Fullbright, Gilliam, Gordy, Green, Wilkes, Harris, Washington, Hines,

Hodges, Hopkins, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, Kidd, King, Greene, King, Jefferson, King, White, Lanier, Ledbetter, Liles, Lunsford, Marshall, Martin, Meadows, Moore, Heara,

94

JOURNAL OF THE HousE.

Moore, Jeff Davis, McRae, Neill, Nunn, Olive, Oliver, Pharr, Sheffield,

Sheppard, Short, Simpson, Smith, Dade, Steele, b'wift, Taylor, Monroe, Taylor, Washington,

Thompson, Towles, Veazey, Williams, Worsham, Wright, Yeomans, Terrell,

Those not voting were Messrs.-

Anderson, Wilkes, Arnold, Oglethorpe, Baggett, Beck, Carroll, Bell, Milton, Brown, Emanuel, Brown, Wheeler, Burruss, Carter, Cole, Coleman, Calhoun, Connor, Cooper, Davis, Dickerson, Dodd, Edwards, Bryan, Ennis,

Gillis, Green, Clayton, Griffin, Decatur, Griffin, Lowndes, Hartley, Heath, Hogg, Howard, Hudson, Knight, . Lowe, McCalla, McLanahan, Parker, Parks, Peacock, Perkins, Ragland,

Redwine, Rice, Rich, Rushin, Shuptrine, Smith, DeKalb, Smith, Toombs, Speilce, Stovall, Sumner, Turner, Walker, Ben Hill, Walker, Bleckley, Webb, Westbrook, Wohlwender, Young,

Ayes, 52; nays, 80.

By unanimous consent the verification of the roll <'all was dispensed with.

On the adoption of the amendment the ayes were 52 ; nays, 80.
The amendment was lost. The following amendment was. read:

By Mr. Neill of MuscogeeAdd at the end of Section 1, House Bill No. 1, the

~fONDAY, MARCH 26, 1917.

95

following: ''Provided, however, there shall be no conviction under this section. for having, controlling or possessing in this State, any of said enumerated liquors or beverages intended for personal use, which may have been legally received or acquired prior to the passage of this Act, under the provisions of the Act approved Nov. 18, 1915, and known as the non-shipping law, found on pages 90 et seq. of Act of 1915, extraordinary session, but in all prosecutions under this section, the burden of proof shall be on the defendant to affirmatively show that said liquors or beverages were legally received or acquired as aforesaid, prior to the passage of the Act, under provisions of said existing law.''

Mr. Neill of Muscogee called for the ayes and nays on the adoption of the amendment and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Jackson, Anderson, Floyd, Andrews, Atkinson, Fulton, Barfield, Beazley, Beck, Murray, Bradford, Bradley, Brinson, Bullard, Clarke, Clements, Coleman, Laurens,

Cravey, Davis,
Dennard, Dockery, Dorsey, Findley, Fowler, Gordy, Green, Wilkes, Hartley, Haynes, Jackson, .Johnson, Appling, .Tones, Coweta,

Key, Kirby, Lane, Lanier, Mathews, Dawson, Mathews, Elbert, Moore, Jeff Davis, :\!orris, Cobb, Myrick, Neill, Parker, Pickren, Redwine, Reiser,

96

JouRNAL oF THE HousE.

Roberts, Shannon, Shipp, Sloan, Smith, Toombs, Stark,

Steele, Strickland, Swift, Taylor, Monroe, Thompson,

Wheatley, Williams, Woodward, Wright, Youmans, Candler,

Those voting m the negative were :Messrs.-

Adams, Allen, Glascock, Anderson, Jenkins, Arnold, Clarke, Arnold, Clay, Atkinson, Emanuel, Ayer, Baggett, Bale, Ballard, Barber, Beall, Richmond, Blackburn, Bowers, Boyett, Brooks, Brown, Clarke, Burtz, Campbell, Carithers, Carroll, Carter, Chancey, Conger, Cook,

Culpepper, Davidson, Dorris, Crisp, Dorris', Douglas, Dorsett, Duffy, Edwards, Haralson, Edwards, Walton, Elders, Estes, Fullbright, Gilliam, Hines, Hodges, Hogg, H6pkins, Johnson, Gwinnett, Jones, Wilkinson, Kidd, King, Greene, King, Jefferson, King, White, Knight, LeSueur, Liles,

Luns... ord, l\Iarshall, Martin, Moore, Heard, :Morris, Hart, McRae, Nunn, Olive, Oliver, Rich, Sheffield, Sheppard,. Short, Simpson, Smith, Dade, Smith, DeKalb, Stewart, Taylor, Washington, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Wohlwencler, Worsham,

Those not voting were Messrs.-

An<lerson, Banks, Anderson, Wilkes", Arnold, Henry, Arnold, Oglethorpe, Arrington, Beck, Carroll, Bell, ~Iilton, Brown, Emanuel,

Brown, Wheeler, Burruss, Cole, Coleman, Calhoun, Collier, Collins, Connor, Cooper,

Dickerson, Dodd, Edwards, Bryan, Ennis, Evans, Gillis, Green, Clayton, Griffin, Decatur,

MoNDAY, MARCH 26, 1917.

97

Griffin, Lowndes, Harris, Walker, Harris, Washington, Heath, Holden, Howard, Hudson, Keene, Ledbetter, Lowe,

Meadows, McCalla,
~IcLanahan,
Parks, Peacock, Perkins, Pharr, Ragland, Riee. Rushin,

Ayes, 58; nays, 74.

Shuptrine, Spence, Stovall, Sumner, Towles, Turner, Westbrook, Yeomans, Terrell, Young,

By unanimous consent the verification. of the roll call was dispensed with.
On the adoption of the amendment the ayes were 54;-nays, 74.
The amendment was lost.
Mr. Blackburn of Fulton moved that the House adjourn. the morning session a.t 1:00 o'clock, P. M.; that the House meet again at 3':00 o'clock, P. M.; and adjourn at 5 o'clock, P.M.
Mr. Knight of Berrien offered an amendment to the motion, making the adjournment of the afternoon session, subject to the order of the Rouse.
The amendment prevailed.
The motion fixing the hour of meeting and aajournment for today's session prevailed as amended:
The Speaker announced the question to be on Section 1 as amended, of the bill.
On the adoption of Section 1, as amended, of the

98

JouRNAL oF THE HousE.

bill the ayes and nays were called and the call was sustained.

fhe roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams,
Allen, Glaacock, Allen, Jackson, Anderson, Jenkins, Arnold, Clay, Arrington, Atkinson, Emanuel, Ayer, Baggett, Ballard, Barber, Barfield, Beazley, Beall, Richmond, Bowers, Brooks, Burtz, Campbell,. Carroll, Chancey, Coleman, Laurens, Collier, Conger, Cook, Cravey, Culpepper, Davidson, Davis, Dorris, Crisp, DorriS, Douglaa, Dorsett, Duffy, Eifwards, Haralson,

Edwards, Walton, Elders, Evans, Fullbright, Gilliam, Gordy, Green, Wilkes, Harris, Washington, Hines, Hodges, Hogg, Hopkins, .Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, ,Tones, Wilkinson, Kidd, King, Greene, King, .Jefferson, King, White, Knight, Lane, Lanier, Ledbetter, Liles, Lunsford, :Yiarshall, :\fartin, :\Ioore, Heard, Moore, Jeff Davis, Morris, Hart, McRae, Neill,

Nunn, Olive, Oliver, Parker, Parks, Pharr, Pickren, Redwil1e, Rich, Sheffield, Sheppard, Shipp, Short, Shuptrine, Simpson, Smith, Dade, Smith, DeKalb, Steele, Stovall, Swift, Taylor, Monroe, Taylor, Washington, Thompson, Towles, veazey, Walker, Ben Hill, Webb, Williams, Wohlwender, Worsham, Wright, Yeomans, Terrell,

Those voting in the negative were Messrs.-

Anden:on, Banks,

Anderson, Floyd,

Andrews,

MONDAY, M;ARCH 26, 1917.

99

Arnold, Clarke, Arnold, Henry, Arnold, Oglethorpe, .tUKinson, Fulton, Bale, neck, \lurray, Blackburn, Bradford, Bradley, Brinson, Brown, Clarke, Bullard, Burruss, Carithers,

Clarke, Clements, Collins, Dennard, Dockery, Dorsey, Estes, Findley, Fowler, Hartley, Haynes, Jackson, Key, Kirby,

LeSueur, Mathews, Dawson, Mathews, Elbert, Morris, Cobb, Myrick, Reiser, Roberts, Shannon, Sloan, Stark, Strickland, Wheatley, Woodwar!l, Youmans, Canoller,

Those not voting were Messrs.-

Anderson, Wilkes, Beck, Carroll, Bell, Milton, Boyett, Brown, Emanuel, Brown, Wheeler, Carter, Cole, Coleman, Calhoun, Connor, Cooper, Dickerson, Dodd, Edwards, Bryan,

Ennis, Gillis, Green, Clayton, Griffin, Decatur, Griffin, Lowndes, Harris, Walker, Heath, Holden, Howard, Hudson, Keene, Lowe, Meadows, McCalla,

McLanahan, Peacock, Perkins, Ragland, Rice, Rushin, Smith, Toombs, Spence, Stewart, Sumner, Turner, Walker, Blecklny. Westbrook, Young,

Ayes, 98; nays, 45.

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

On the adoption of Section 1, as amended, of the bill, the ayes were 98 ; nays, 45.

Section 1 of the bill was adopted as amended..

The hour of adjournment having arrived the bill went over as unfinished business.

100

JOURNAL OE' THE HousE.

Leave of absence was granted Mr. Baggett of Paulding.

The Speaker announced the House adjourned until 3 :00 o'clock this afternoon.

3 :00 0 'CLOCK p. M.

The House met again at this hour and was called to order by the Speaker.

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

Adams, Allen, Glascock, Allen, Jackson, Anderson, Banks, Anderson, Floyd, Anderson, Jenkins, Anderson, Wilkes, AndrewF, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Arringto.n, Atkinson, Emanuel, Atkinson, Fulton, Ayer, Bale, Ballard, Barber, Barfield, Beazley, Beck, Carroll, ' Beck, Murray, Bell, Milton, Beall, Richmond, Blackburn, Bowers, Boyett, Bradford,

.J::Sradley, .J::Srinson, Brooks, Brown, Clarke, Brown, Emanuel, Bullard, Burruss, Burtz, Campbell, Carithers, Carroll, Carter, Chancey, Ularke, Clements, Cole, Coleman, Calhoun, Coleman, Laurens, Collier, Collins, Conger, Connor, Cook, Cooper, Cravey, Culpepper, Davidson, Davis,

Dennard, Dockery, Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett, Dorsey, Duffy, Edwards, Haralson, Edwards, Walton, Elders, Ennis, Estes, Evans, Findley, Fowler, Fullbright, Gilliam, Gillis, Gordy, Green, Wilkes, Griffin, Decatur, Harris, Walker, Harris, Washington, Hartley, Haynes, Heath, Hines,

MoNDAY, MABcH 26, 1917.

101

Hodges, Hogg, Holden, . Hopkins, Howard, Jackson, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Jones, Wilkinson, Keene, Key, Kidd, King, ilieene, King, Jefferson, King, White,Kirby, Knight, Lane, Lanier, Ledbetter, LeSueur, Liles, Lowe, Lunsford,
~Iarshall,
1-fartin, Mathews, Dawson, Mathews, Elbert, Meadows, Moore, Heard,

Moore, Jeff Davis, Morris, Cobb, Morris, Hart, Myrick, McOalla, McLanahan, McRae, Neill, Nunn, Olive, Oliver, Parks, Parker, Peacock, Perkins, Pharr, Pickren, Ragland, 11!'-lwine, Reiser, Rich, R<Jberts, Shannon, Sheffield, Sheppard, Shipp, Short, Shuptrine, Simpson, Sloan,

Smith, Dade, Smith, DeKalb, Smith, Toombs, Spence, Stark, i::iteele, Stewart, Stovall, Strickland, Sumner, Swift, Taylor, M'onroe, Taylor, Washington, Thompson, Towles, Turner, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb,Westbrook, Wheatley, Williams, Wohlwender, Woodward, Worsham, Wright, Youmarul, Candler, Yeomans, Terrell, Young,

Those absent were Messrs.-

Baggett,
Brown, Wheeler, Dickerson,

Edwards, Bryan, Green, Clayton, Griffin, Lowndes,

Hudson, Rice, Rushin,

Under the order of unfinished business, the following bill was taken up for consideration:

By Mr. Hopkins of Thomas and others-

A bi1l to amend and supplement the prohibition laws of this State by making it unlawful to trans-

102

JOURNAL OF THE HousE.

port or to ship any spirituous or other intoxicating liquors.
The following amendments we-re read and adopted: By the Committee-
Amend Section 3 by striking out the words, "with or without hire," in the second line thereof.
By the Committee-
Amend Section 3 by adding after the words ''by'' in third line and before the word ''licensed,'' the following words "any practicing physician, the sole proprietor of a drug store.''
Amend further by striking the word ''clear'' in line eight, page 5, and substituting the word "sworn" in lieu thereof.

By Mr. Harris of Washington-
Amend Section 3 by adding between ''the'' and "druggist" in line six, the words "such practicing physicians.''
Amend said section further by inserting between the words "any" and "druggist" in line 46 of printed bill, the words ''such practicing physician.''
By Mr. Conger of Decatur-
Amend Section 4 of Bill No. 1 by striking the, words "or has cause to believe'' in the 3rd line, substituting in lieu thereof the following words ''or has reasonable cause to suspect.''

Mo:sn.n, MARcH 26, 1917.

103

By Committee-
Amend by striking the word ''$1.00'' wherever it appears and inserting in lieu thereof "50 cents."
By Committee-
Amend by striking out second and third sentences of Section 17 and also to strike out the words ''and his designated assistant" in line 14 of Section 17.
By Mr. Bale of Floyd-
To amend Section 3, by striking all of words in line 45 beginning at word ''sold'' and ending with word "prohibition," 46th line.
By Mr. Bale of Floyd-
To amend Section 6, by striking all of said section after word ''same'' at end of line 3 of printed bill.
By the Committee-
To amend Section 10 by adding the words "practicing physician'' after the word ''any'' in the 2nd line and before the word ''druggist,'' and by striking the word ''seCtion'' in the 6th line of the original bill and substituting the words, ''Act relating to the ordering, receiving, possessing and use of alcohol.''
By the CommitteeTo amend Section 11, by striking out the word
"knowingly" at the end of 7th and beginning of the 8th lines of said paragraph.

104

JouRNAL OF THE HousE.

By Mr. Blackburn of Fulton-
Amend 'by striking the words ''Commissioner of Commerce and Labor,'' wherever they appear in section arid inserting in lieu thereof the words ''Attorney General.''
By Mr. Stewart of Coffee-
Amend by striking all of Sectio_n 17.
By Mr. Parks of Upson-
Amend by striking all of Section 18.
By the Committee-
To amend Section 12, by striking the word "the" and substituting the word "a" ill the third line, and by striking out the words "of forgery" in the 3rd line.
Mr. Fullbright of Burke moved that when the House adjourn, that it adjourn to meet again tomorrow morning at 9:00 o'clock, and the motion prevailed.
Mr. Blackburn of Fulton moved the House do now adjourn and the motion prevailed.
The bill under consideration went over as unfinished business.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

TuESDAY, MARCH 27, 1917.

105

REPRESENTATIVE HALL, ATLANTA, GA.,

Tuesday, March 27, 1917.

The House met pursuant to adjournment this day at 9 :00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.

By unanimous consent the roll call was dispensed with .

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

The Speaker announced the reports of standing

committees as the next order of business.

'

~Ir. Hopkins, of Thomas County, Chairman of the Special Committee on Temperance submitted the following report:

Mr. Speaker:
Your Special Committee on Temperance have had under consideration the following bill of the Senate, and have instructed me, as their Chairman, to report the same back to the House with the recommendation that the same do pass to-wit: Senate Bill No. 1.
H. W. HoPKINs, Chairman.

The following bill of the Senate was read the second time:
By Messrs. Tison, Eakes, walker, Persons and others-

106

JouRNAL OF THE HousE.

A bill to amend and supplement the prohibition laws of this State and for other purposes.
The following message was received from the Senate, through Mr. McClatchey, Secretary thereof:
-Mr. Speaker: The Senate has passed by the requisite constitu-
tional majority the following resolution of the House, to-wit:
A resolution to appropriate eighty. thousand dollars to complete paying pensions for the year 1917.
The Senate has passed as amended, by the requisite constitutional majority, the following resolution of the House, to-wit:
A resolution making an appropriation to pay incidental expenses of the extra session.
The following message was received from the Senate, through Mr. McClatchey, Secretary thereof:
Mr. Speaker:
The Senate has concurred in the amendments of the House to the following resolution of the Senate, to-wit:
A resolution expressing appreciation to Hon. Wm. H. Taft for the able and instructive address delivered on the subject of the League to Enforce Peace.
The Senate has adopted the following resolution in which the concurrence of the House is respectfully asked, to-wit:

TuEsDAY, MARCH 27, 1917.

107

A resolution providing for bringing up the unfinished business of the General Assembly.
Under the order of unfinished business, the following bill was taken up for consideration :
By Mr. Hopkins of Thomas and others-
A bill to amend and supplement the prohibition laws of this State by making it unlawful to transport or to ship any spirituous or other intoxicating liquors.
The following amendments were read and adopted:
By Mr. Fullbright of Burke-
To amend Section 11 by striking the word ''knowingly'' in line 2 and by inserting in line 3 between the words "application" and "or'' the following words, "knowing the same to be false or forged.''
By the Committee-
To amend Section 13 by striking the word "duplicate'' in line 25, page 8, the original bill, and inserting in lieu thereof the word "triplicate."
By the Committee-
To amend Section 13 by inserting at end of paragraph 13 of original bill the following: ''That one of said applications shall be forwarded with the order for such wines and it shall be the duty of the party shipping said wine at the time of presenting the same for shipment, to present said application

108

JouRNAL OF THE HousE.

to the common carrier who shall transmit said application with the shipment of such wines."
By the Committee-
To amend Section 13 by adding after the word "only"' and before the word "under" in the 5th line of Section 13 the following words: "When the package is plainly marked and branded, showing the contents, the quantity and the purpose for which it is to be used and. '' By Mr. Cole of Bartow-
To amend Section 13 by striking the figures "$1.00" in line 20, page 5, printed bill, and substituting the figures '' 25 cents.''
By Mr. Fullbright of Burke-
To amend Section 13 by striking all of line 29, and through the word ''Act'' in line 30 of printed bill.
By Mr. Jones of CowetaTo amend Section 13, by adding after the words
"sacramental purposes" in the third line of Section 13 the words ''or use in the observance of the Lord's Supper."
The following amendment was read:
By Mr. Andrews of Fulton-
To amend Section 13 by inserting the following words after the word "order" and before the word "who" in the 6th line of the printed bill, to-wit: "or head officer of any fraternal order wherein wine is used as a portion of the ritualistic work.''

TUESDAY, MARCH 27, 1,917.

109

The following amendment to the Andrews amendment was read and adopted:
By Mr. Beck of Carroll-
To amend Section 13 by adding at the end thereof "whose ritual at the passage of this Act requires wine.''
On the adoption of the amendment as amended, Mr. Andrews of Fulton called for the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Jackson, Anderson, ~anks, Anderson, Floyd, Andrews, Arnold, Clarke, Arnold, Henry, Atkinson, Fulton, Bale, Blackburn, Bradford, Brown, Clarke, Bullard, Burtz, Carithers, Clarke, Clements,

Cole, Collins, Cravey, Dennard, Dorsey, Duffy, Elders, Estes, Findley, Fowler, Green, Clayton, Griffin, Dem1tur, Hartley, Haynes, Holden,

Jackson, LeSueur, Lowe, Mathews, Dawson, Morris, Cobb, Morris, Hart, McLanahan, Olive, Parker, Pickren, Stark, Stewart, Wheatley, Wohlwender, Woodward,

Those voting in the negative were Messrs.-

Adams, Allen, Glascock, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clay,

Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, Ayer, Ballard,

Barfield, Beck, Carroll, Bell, i\IIlton, Beall, Richmond, Boyett,

110

JouRNAL OF THE HousE.

Brooks,

Hogg,

Oliver,

Brown, Wheeler,

Hopkins,

Parks,

Campbell,

Howard,

Ph11rr,

Carroll,

Johnson, Appling, Redwine,

()hancey,

Johnson, Gwinnett, Reise1,

~.Joleman, Laurens,

Jones, Coweta,

Rich,

Collier,

Jones, Wilkinson,

Roberts,

Conger,

Keene,

Sheffield,

Cook,

h,ey,

Sheppard,

Uulpepper,

Kidd,

Shipp,

Davidson,

King, Greene,

Short,

Dockery,

King, Jefferson,

Simpson,

Dodd,

King, White,

Sloan,

Dorris, Crisp,

Kirby,

Smith, Dade,

Dorris, Douglas,

Ku'ght,

Smith, DeKalb,

Dorsett,

Lane,

Steel{l,

Edwards, Haralson, Lanier,

l::lumner,

Edwards, Walton,

Liles,

Swift,

Evans,

Lunsford,

Taylor, Monroe,

Fullbright,

~Iarshall,

Thompson,

Gilliam,

:\Iartin,

Veazey,

Gordy,

:Moore, Heard,

Walker, Ben Hill,

Green, Wilkes,

:Moore, Jeff Da>is, W9rsham,

Harris, Washington, McRae,

Wright,

Heath,

Xeill,

Youmans, Candler,

Hines,

Xunn,

)_ eomans, Terrell,

Hodges.

Those not voting were :Messrs.-

Baggett, Barber, Beazley, Beck, Murray, Bowers, Bradley, Brinson, Brown, Emanuel, Burruss, Carter, Coleman, Calhoun, Connor, Cooper, navia, Dickerson,

Edwards, Bryan, Ennis, Gillis, Griffin, Lowndes, Harris, Walker, Hudson, Ledbetter, Mathews, Elbert, Meadows, Myrick, McCalla, Peacock, Perkins, Ragland, R:ce,

Rnsh:n, Shannon, Shuptrine, Smith, Toombs, Spence, Stovall, Slrickland, Taylor, Washington, Towles, Turner, Walker, Bleckley, Webb, Westbrook, Williams, .loung,

Ayes, 46; nays, 94.

TUESDAY, MARCH 27, 1917.

111

By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the amendment as amended. the ayes were 46; nays, 94.
The amendment as amended was lost.
The following amendments were read and adopted:
By the Committee-
To amend by inserting as a new section: ''Be it further enacted that upon the trial of any carrier, public or private, his, her or its agent, charged with transporting, or delivering, or transporting and delivering liquor in violation of law, proof of the fact of the transportation or delivery, or both, as the case may be, shall be sufficient to make a prima facie case of guilt. "
By the Committee-
To amend Section 16 by striking it in its entirety and substituting therefor the following: ''Be it further enacted, That any violation of any of the provisions of this Act wherein a different punishment is not prescribed shall be as for a misdemeanor . as provided in Section 1065 of Penal Code of 1910. ''
By the Committee-
To amend Section 19 as follows: By adding at the end of the fourth line after the word ''repealed'' and before the word ''the'' at the beginning of the fifth

112

JOURNAL OF THE HousE.

line the following: ''Provided that this shall not be construed to affect either directly or indirectly, nor save from prosecution from offenses committed heretofore under that Act.''
Mr. Blackburn of Fulton asked unanimous consent that the House adjourn the morning session at 1 o'clock P. M., that the House meet again at 3 o'clock P.M., and the hour of adjournment be made subject to the order of the House. The request was granted.
By the Committee-
To amend the original bill by striking from Section 21, all the same after the word ''court'' in the twelfth line and substitute in lieu thereof the following: ''Be it further enacted by the authority aforesaid that all vehicles and conveyances of every kind and description which are used on any of the publi(? roads or private ways of this State, and all boats and vessels of every kind and description which are used in any of the waters of this State in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer, who shall report the same to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be, within ten days from the time he received said notice, to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner if known, and if the owner is unknown, notice of such proceedings shall be puhlished once a

TuEsDAY, MARcH 27, 1917.

113

week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense is filed within fhirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said vehicle, conveyance, boat or vessel was so used with the knowledge of the owner or lessee the .same shall be sold by order of the cour:t after such advertisement as the court may direct. The proceeds arising from said sale shall be applied as follows:
a. To the payment of the expenses in said cases, including the expenses incurred in the seizure.
b. One third of the remainder to the officer making the seizure and furnishing the proof.
c. To the payment of the costs of court which shall be the same as now allowed by law in cases of forfeiture of recognizance.
d. The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this Act.

By the Committee-
To amend Section 23 by striking out the words ''of the owners'' in the 5th and 6th lines of the printed bill and inserting the following: '' t4at the .tenant or owner in possesson had'' and by striking the word

114

JouRNAL OF THE HousE.

''owner'' in the 8th line of the printed bill, and inserting the following words: ''tenant or owner in possession.''
By the Committee-
To amend Sections 24 and 25 by striking them in their ~ntirety.
By the Committee-
To amend by adding a new section numbered and to read as follows:
''SECTION 25. Be it further enacted that any person, firm or corporation who shall, within this State, distill, manufacture or make any alcoholic, spirituous, vinous, malted or mixed liquors or beverages, any part of which is alcoholic, shall be guilty of a felony and upon conviction therefor be punished by confinement and labor in the penitentiary for not. less than one year nor longer than five years."
By Messrs. Neill and Swift of Muscogee-
Amend Section 21 by adding at end thereof ''Provided, in any county in this State where the officers of either the city or superior courts are now or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs, shall be retained in the general fund of and become the property of such county."
The following amendment was read:.
By Mr. Elders of Tattnall-
SEc: 26. Be it enacted by the authority aforesaid,

TUESDAY, MARCH 27, 1917.

115

That this Act shall not be effective until ratified by a. p1ajority vote of the qualified voters of said State, and that an election for that purpose shall be held in all the election precincts of this State, on the third wednesday in June, 1917, under the laws governing elections for me.mbers of the General Assembly, and .that the G"overnor shall advertise said election in two newspapers in every Copgressional District in this State, for sixty days before said election; that those voting for said Act shall have printed or written on their tickets ''For -Prohibition as Passed by the Extra Session of the Legislature in 1917," and those voting against said Act shall have printed or written on their tickets, ''Against Prohibition as Passed by the Extra Session of the Legislature in 1917;" that the election managers in the several counties shall on the day after said election, consolidate said election returns, and transmit the same to the Secretary of State, who shall at once declare the result of said election, and if a majority of the votes cast shall be for this Act, then the same shall go into effect at once.
That Section 26 of said Act as reported by the committee be numbered 27.
The following amendment to the Elders amendment was read:
By Mr. Beck of Carroll-
Amend by inserting the following after the word ''State'~ in the second line: ''As shown by the registration list for members of the General Assembly at the general election of 1916. ''

116

JouRNAL OF THE HousE.

Mr. Beck moved the previous question on the Elders amendment as amended.
The motion prev~iled and the main question was ordered.
Mr. Neill of Muscogee moved that the House reconsider its action in calling the previous question and ordering the main question.
On the motion to reconsider Mr. Neill of Muscogee called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Anderson, Banks, Anderson, Floyd, Andrews, Arnold, Clarke, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Atkinson, Fulton, Bale, Barfield, Beazley, Beck, Murray, Blackbum, Bradford, Bradley, Brown, Clarke, Bullard, Burtz, C:arithers, Carter, Clarke,

Clements, Cole, Collins, Conger, Gonnoi, Cravey, Dennard, Dorsey, Elders, Ennis, Estes, Findley, Fowler, Hartley, Haynes, Howard, Hudson, Jackson, Key, Ledbetter, LeSueur,

Lowe, Morris, Cobb, Myrick, McRae, Neill,,
Parker, Pickren, Reiser, Shannon, t;mith, DeKalb, Spence, Stark, 'Steel'!, Stewart, Strickland, Swift, Thompson, Turner, Wohlwender, Woodward,

TUESDAY, MARCH 27, 1917.

117

'!,hose voting in the negative were Messrs.-

Adams, Anderson, Jenkins, Anderson, Wilkes, Arrington, Atkinson, Emanuel, Ayer, Ballard, Bell, Milton, Beall, Richmond, Bowe.rs, Boyett, Brooks, Brown, Wheeler, Campbell, Carroll, Chancey, Coleman, Laurens, Cook, Culpepper, Davidson, Davis, Dickerson, Dockery, Dodd, Dorris, Crisp, Dnnis, Douglaa, Dorsett, Dulfy, Edwards, Walton,.

Evans, Fullbright, Gilliam, Ureen, Clayton, Green, Wilkes, Heath, Hines, Hodges, Hogg, Hopkins, J olmson, Appling, J ohnson, Gwinnett, Jones, Coweta, Kidd, King, Greene, King, Jefferson, King, White, Kirby, Knight, Lane, Lanier, Liles, Lunsford, Martin, Mathews, Dawson, ~fathews, Elbert, Moore, Heard, Moore, Jeff Davis, Morris, Hart,

McLanahan, Nunn, Olive, Oliver, Parks, Pharr, Redwine,
Hu~h,
Sheffield, Sheppard, Shipp, Short, Shuptrine, Simpson, Sloan, Smith, Dade, Sumner, Taylor, .Monroe, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Wheatley, Williams, Worsham, Wright, YoumaiiS, Candler, Yeomans, Terrell,

Those not voting were Messrs.-

Allen, Glascock, Allen, Jackson, Baggett, Barber, Beck, Carroll, Brinson, Brown, Emanuel, Burruss, Coleman, Calhoun, Collier, Cooper, Edwards, Bryan,

Gillis, Gordy, Griffin, Decatur, Griffin, Lowndes, Harris, Walker, Harris, Washington, Holden, .Tones, Wilkinson, Keene, Marshall, Meadows, McCalla,

Peacock,
r erkins,
Ragland, Rice, Roberts, Rushin, Smith, Toombs, Stovall, Taylor, Washington, Towles, Westbrook, Young,

Edwards, Haralson,

118

JouRNAL oF THE HousE.

Ayes, 62; nays, 86. By unanimous consent the verification of the ~oll call was dispensed with.
On the motion to reconsider the action of the House in calling the previous question and ordering the main question the ayes were 62; nays, 86.
The motion to reconsider was lost.
The hour of adjournment having arrived the bill under consideration went over as unfinished business with the previous 9-uestion called and the main question ordered on the Elders amendment as amended.
The Speaker announced the House adjourned until 3 o'clock this afternoon.
3 O'CLOCK P. M.
The House met again at this hour and was called to order by the Speaker.
By unanimous consent the roll call was dispensed with.
The following bill was taken up for consideration: By Mr. Hopkins of Thomas and others-
A bill to amend and supplement the prohibition laws of this State by making it unlawful to transport or to ship any spirituous or other intoxicating liquors.
The following amendment to the Elders amendment was read:

TuESDAY, MARCH 27, 1917.

119

By Mr. Neill of Muscogee-
Amend by adding after the word ''election'' in 5th line of same as printed: "that the Board of Registrars of each county should provide booths, rooms or compartments at each voting precinct in this State, and shall provide for the holding of said election under what is generally know:q. as the 'Australian Secret Ballot System' and that no ballots shall be used except those furnished to the managers of the election by the Board of Registrars of each county, on which both the affirmative and negative expressions shall be printed and such tickets be so numbered and designated so as to prevent the voting of any ballot in said election not officially provided by said Board of Registrars.''
On the adoption of the amendment, Mr. Neill of Muscogee called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Anderson, Banks, Anderson, Floyd, Arnold, Clarke, Bale, Beck, Murray, Blackburn, Bradford, Bradley, Brinson, Brown, Clarke, Carithers, Carter, Clarke,

Clements, Cole, Connor, Cravey, Dennard, Dorsey, Elders, Ennis, Estes, Findley, Gillis, Green, Wilkes, Griffin, Decatur,

Harris, Washington, Hartley, Hines, Jackson, LeSueur, Lowe, McCalla, Neill, Parker, Pickren, Shannon, Sloan, Spence,

120

JOURNAL oF THE HousE.

i::itark,

Swift,

Wohlwender,

Strickland,

Turner,

Woodward,

Those voting in the negative were Messrs.-

Adams,

Dorris, Crisp,

Moore, Jeff Davis,

Allen, Glascock,

Dorris, Douglas,

Morris, Cobb,

Anderson, Jenkins, Dorsett,

Morris, Hart,

Anderson, Wilkes, Duffy,

McLanahan,

Andre,,s,

Edwards, Walton,

McRae,

Arnold, Clay,

Evans,

Nunn,

Arnold, Henry,

Fowler,

Olive,

Arnold, Oglethorpe, Fullbright,

Oliver,

Arrington,

Gilliam,

Parks,

Atkinson, Emanuel, Gordy,

Perkins,

Ayer,

Haynes,

Pharr,

Ballard, Barber, Barfield, Beazley, Beck, Carroll, HPll, :\Iifton, Beall, Richmond, Bowers, Boyett, Brooks, Brown, Wheeler, Bullard, Burtz, Campbell, Carroll, Chancey, Coleman, Laurens, Collier, Collins, Cook, Culpepper, Davidson, Davis, Dickerson, Dockery, Dodd,

Heath, Hodges, Hogg, Holden, Hopkins, Howard, Hudson, Johnson, Appling, .Johnson, Gwinnett, Jones, Coweta, Keene, Key, Kidd, King, Greene, King, Jefferson, King, White, Kirby, Knight, Lane, Lanier, Lellbetter, Liles, L u n s... ord, :\Iarshall, )[artin, :\Ioore, Heard,

Redwine, Reiser, Ricli, Roberts, Sheffield, Sheppard, Shipp, Short, Simpson, Smith, Dade, Steele, Stewart, Sumner, Taylor, Monroe, Taylor, Washington Thompson, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Wheatley, Williams, Worsham, Wright, Youmans, Candler, Yeomans, Terrell,

Those not voting were Messrs.-

Allen, Jackson, Atkinson, Fulton, Baggett, Brown, Emanuel,

Burruss, Coleman, Calhoun, Conger, Cooper,

Edwards, Bryan, Edwards, Haralson, Green, Clayton, Griffin, Lowndes,

TuESDAY, MARCH 27, 1917.

121

Harris, Walker, Jones, Wilkinson, Mathews, Dawson, Mathews, Elbert, Meadows, Myrick,

Peacock, Ragland, Rice, Rushin, Shuptrine, Smith, DeKalb,

Ayes, 45; nays, 111.

Smith, Toombs, Stovall, Towles, Westbrook, Young,

By unanimous eonsent the verification of the roll call was dispensed with.
On the adoption of th'e amendme~t the ayes were
45; nays, 111.

The amendment was lost.

On a division of the House the Beck amendment to the Elders amendment was lost.

On the adoption of the Elders amendment Mr. Stark of Jackson called for the ayes and nays and the call was sustained.

The roH call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Antierson, Banks, Anderson, Floyd, Andrews, Arnold, Clarke, Arnold, Henry, Bale, Beazley, Becli, Murray, Blackburn, Bradford, Bradley, Brinson, Brown, Clarke, Bullard,

Burtz, Carithers, Carter, Clarke, Clements, Cole, Collins, Conger, Connor, Cravey, Dennard, Dickerson, Dockery, Dorsey,

Elders, Ennis, Estes, Findley, Fowler, Gillis, Gordy, Griffin, Decatur, Hartley, Haynes, Holden, Howard, Jackson, Key,

_1')-_J,

JouRNAL oF THE HousE.

Kirby, Lane, LeSueur, Lowe, Marshall, Mathews, Dawson, Mathews, Elbert, Morris, Cobb, Morris, Hart, McCalla,
~IcLanahan,

Xeill, Parks, Perkins, Pickren,. Reiser, Roberts, Shannon, Sloan, Smith, DeKalt Spence, ~tnrk1

Steele, Stewart, Strickland, Thompson, Towles, Turner, Webb, Wheatley, Wohlwender, Woodward, Youmans, Candier,

Those voting in the negative were Messrs.-

Adams, Allen, Glascock, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clay, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, Ayer, Ballard, Barber, Barfield, Beck, Carroll, Bell, Milton, Beall, Richmond, Bowers, Boyett, Brooks, Brown, Wbeeler, Campbell, Carroll, Chancey, Coleman, Laurens, Collier, Cook, Culpepper, Davidson, Davis, Dodd,

Dorris, Crisp, JJorris, Douglas, Dorsett, Duffy, Edwards, Haralson, Edwards, Walton, Evans, Fullbright, Uilliam, Green, Wilkes, Harris, Washington, Heath, Hines, Hodges, Hogg, Hopkins, Hudson, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Keene, Kidd, King, Greene, King, Jeffermn, King, Wbite, Knight, Lanier, Ledbetter, Liles,

Lunsford, Martin, Moore, Heard, 'Moore, Jeff Davis, McRae, Nunn, Olive, Oliver, Parker, Pharr, Redwine, Rich, Sheffield, Sheppard, Shipp, Short, Simpson, b'mith, Dade, Sumner, Swift, Taylor, Monroe, Taylor, Washington, Veazey, Walker, Ben Hill, Walker, Bleckley, Williams, Worsham, Wright, Yeomans, Terrell,

Those not voting were Messrs.-

Allen, Jackson,

Atkinson, Fulton,

Baggett,

TUESDAY, MARCH 27, 1917.

123

Brown, Emanuel, Burruss, Coleman, Calhoun, Cooper, Edwards, Bryan, Green, Clayton, Griffin, Lowndes,

Harris, Walker, Jones, Wilkinson, Meadows, Myrick, Peacock, Ragland, Rice,

Ayes, 75; nays, 87.

Ruf.'hin, Shuptrine, Smith, Toombs, Stovall, Westbrook, Young,

By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the Elders amendment the ayes were 75; nays, 87.
The amendment was lost.
The following amendment was read:
By Mr. Harris of Washington-
Amends House Bill No. 1 by adding a new section, as follows :
SEcTION 26. Be it enacted by the authority aforesaid, That an election for the ratification or rejection of this Act shall be held in all the election precincts of this State, on the third Wednesday in June, 1917, under the laws governing elections for members of the General Assembly, and that the Governor shall ad'\rertise said election in two newspapers in every Congressional District in this State, for sixty days before said election; that those voting for said Act shall have printed or written on their tickets "For Prohibition as Passed by the Extra Session of .the Legislature in 1917," and those voting against said Act shall have printed or. written on their tickets,

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JouRNAL OF THE HousE.

''Against Prohibition as Passed by the Extra Session of the Legislature in 1917;" that the election managers in the several counties shall on the day after said election, consolidate said returns, and transmit the same to the Secretary of State, who shall at once declare the result of said election and if a majority of the votes cast shall be for this Act, then the same shall continue in force; if a majority of the votes cast_ shall be against this Act, then and in such event all laws now in force upon subjects herein dealt with shall be and remain the laws of this State as if this Act bad not been passed.
On the adoption of the amendment Mr. Harris of Washington called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.-

l! nderson, Banks, Andrews, Arnold, Clarke, Arnold, Henry, Atkinson, Fulton, Bale, Beazley, Beck, Mnrray, Blackburn, Bradford, Bradley, Brinson, Brown, Clarke, Bullard, Carithers, Carter, Clarke,

Clements, Cole, Collins, Conger, Connor, Dickerson, Dockery, Dorsey, Elders, Ennis, Estes, Findley, Fowler, Griffin, Decatur, Harris, Washington, Hartley, Haynes,

Holden, Jackson, Key, Kirby, LeSueur, Lowe, Mathews, Dawson, Mathews, Elbert, Morris, Cobb, :Morris, Hart, McCalla, Pickren, Reiser, Shannon, Spence, Stark, Strickland,

TuESDAY, MARCH 27, 1917.

125

Towles, Turner,

Wheatley, Wohlwender,

Woodward,

Those voting in the negative were Messrs.-

Adams, Allen, Glascock, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clay, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, _-\yer, Ballard, Barber, Barfield, Beck, Carroll, Bell, Milton, Beall, Richmond, Bowers, Boyett, Brooks, Brown, Wheeler, Burtz, Campbell, Carroll, Chancey, Coleman, Laurens, Collier, Cook, Culpepper, Davidson, Davis, Dodd, Donie, Crisp, DorriS, Douglas, Dorsett,

Edwards, Walton, Fulloright, Gilliam, Gordy, Green, Wilkes, Heath, Hines,
Hodge~,
Hogg, Hopkins, Howard, Hullson, .Johnson, Appling, Johnson, Gwinnett, .Jones, Coweta, Keene, Kidd, King, Greene, King, J e1Ierson, King, White, Knight, Lane, Lanier, Ledbetter, Liles, Lunsford, Marshall, Martin, Moore, Heard, Moore, Jeff Davis, McLanahan, McRae, Neill,

Xunn, Olive, Oliver, Parks, Perkins, Pharr, Richr Roberts, Sheffield, Sheppard, Shipp, Short, Simpson, Sloan, Smith, Dade, Smith, DeKalb, Steele, Stewart, Stovall, Sumner, S'wift, Taylor, :M'onroe, Taylor, Washington, Veazey, Walker, Ben Hill, Walker, Bleckley, Webb, Williams, Worsham, Wright, Youmarul, Candler, Yeomans, Terrell,

Those not voting were Messrs.-

Allen, Jackson, Anderson, Floyd, Baggett, Brown, Emanuel,

Burruss, Coleman, Calhoun, Cooper, Cravey,

Dennard, Duffy, Edwards, Bryan, Edwards, Haralson,

126

JOURNAL OF THE HousE.

Evans, Gillis, Green, Clayton, Griffin, Lowndes, Harris, Walker, .Jones,- Wilkinson, Meadows,

Myrick, Parker, Peacock, Ragland, Redwine, Rice,

Rushin, Shuptrine, Sndth, Toombs, Thompson, Westbrook, Young,

Ayes, 56; nays, 98.

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

On the adoption of the amendment the ayes were 56 ; nays, 98.

The amendment was lost.

Mr. Fullbright of Burke moved that when the House adjourns it will stand adjourned untl.l tomorrow morning at 9 o'clock.

The following amendment was read and adopted:

By Mr. Fullbright of Burke-

Amend caption of bill as it appears in committee's amendment by striking therefrom the words in the 12th and 13th lines as follows : ''to provide for a State Commissioner of Prohibition and fix his duties.''

By the Committee-

To amend House Bill No.1 by striking the caption and substituting therefor the following:

A BILL

To be entitled an Act to amend and supplement the prohibition laws of this State; to make it unlawful to transport, ship, or deliver in this State,

TuESDAY, MARCH 27, 1917.

127

whether from without or from within the State any spirituous, vinous, malt, or fermented liquors, or other intoxicating liquors or beverages, except alcohol and wine under certain restrictions and limitations; to make it unlawful to have, receive, possess or control any such liquors, except alcohol for medicinal, mechanical and scientific purposes, and wine for sacramental purposes under conditions prescribed; to make it unlawful to distill,. manufacture, or make any alcoholic, spirituous, vinous or malted liquors or intoxicating beverages in the State; to provide for the punishment of violators of the provisions of this Act; to provide for the seizure, condemnation and sale of property used in violation of this Act, and for the disposition of the funds arising from such sale; to provide additional fees and costs in cases of conviction for violation of certain provisions of the prohibition laws of this State; to provide for a State Commissioner of Prohibition, and fix his duties; to repeal the Acts approved November 18th, 1915, and of August 19th, 1916, and certain portions of the Act approved November 17th, 1915, and for other purposes.
The report of the committee which was favorable to the passage of the bill was agreed to as amended.
Mr. Blackburn of Fulton moved that the House do now adjourn, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 9 o'clock.

\VEDNESDAY, ~fAHCH 28, 1917.

12!)

REPRESENTATIVE HALL, ATLANTA, GA.,
Wednesday, March 28, 1917.

The House met pursuant to adjournment this day at 9 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain.
By unanimous consent the calling of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Arnold of Clay, Chairman of th~ Enrollment Committee, submitted the following report :

M 1. Speaker:
The Committee on Enrollment have examined, found properly enrolled, duly signed and ready for delivery to the Governor the following, to-wit:

A resolution to appropriate eighty thousand dollars to complete paying pensions for 1917.

A resolution making an appropriation to pay incidental expenses of the extra session.

A resolution providing for the payment of the per diem and mileage of the late Ron. Jacob EL Dart.

Respectfully submitted,

ZAcH ARNOLD of Clay,

\,

Chairman.

13'0

JOURNAL OF THE HoUSE.

The following resolution of the Senate was read and concurred in:
By Mr. Harrison of 25th District-
A resolution providing for the bringing up of the unfinished business of the General Assembly.
The following resolution of the House was taken up for the purpose of'considering the Senate amendment thereto :
By Mr. Fullbright of Burke-
A resolution making. an -appropriation to pay incidental expenses of extra session.
The following Senate amendment was read and concurred in :
Amend by inserting a new paragraph to read as follows: ''And that the further sum of one hundred dollars or so much thereof as may be necessary, be, and the same is hereby appropriated to defray the expenses of the House and Senate committees appointed to .escort the remains of deceased Representative J. E. Dart to his home."
Under the order of unfinished business the following bill of the House was again taken up for consideration:
By Mr. Hopkins, of Thomas, and others-
A bill to amend and supplement the prohibition laws of this State by making it unlawful to transport or to ship any spirituous or other intoxicating liquors.

'VEDNESDAY, MARCH 28, 1917.

131

On the passage of the bill the ayes and nays were called and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams, Allen, Glascock, Allen, J acksou, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Arrington, Atkinson, Emanuel, Ayer, Ballard, Barber, Barfield, Beazley, Beck, of Carroll, Bell, 1\lilton, Beall, Richmond, Bowers, Boyett, Brooks, Brown, Wheeler, Burtz, Campbell, Carroll, Chancey, Coleman, Laurens, Collier, Conger, cook, Cooper, Cravey, Culpepper, Davidson, Davis, Dickerson,

Dodd, Dorris, Crisp, Dorris, Douglas, Dorsett, Duffy, Edwards, Haralson, Edwards, Walton, Elders, Evans, Fullbright, Gilliam, Gillis, Gordy, Green, Wilkes, Harris, Washington, Heath, Hines, Hodges, Hogg, Holden, Hopkins, Howard, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Keene, Kidd. King, Greene, King, .Jefferson, King, White, Knight, Lane, Lanier, Ledbetter, Liles, Lowe,

Lunsford, i\-Iarshall, Martin, Moore, Heard, Moore, Jeff Davis, Morris, Cobb, Morris, Hart, McRae, Neill, Nunn, Olive, Oliver, Parker, Parks, Perkins, Pharr, Pickren, Redwine, Rich., Roberts, Rm;hi:l, Sheffield, Sheppard, Shipp, Short, Shuptrine, Simpson, Sloan, E.'mith, Dade, Smith, DeKalb, Smith, Toombs, SteelP, Stewart, Stovall, Sumner, Swift,

JouRNAL OF THE HousE.

Taylor, Monroe, Taylor, Washington, Thompson, Towles, Veazey,

Walker, Ben Hill, Walker, Bleckley, .Webb, Williams,

Worsham, Wright, Youmans, Candler, Yeomans, Terrell,

Those voting in the negative were Messrs.-

Anderson, Banks, Anderson, Floyd, Andrews, Arnold, Clarke, Atkinson, Fulton, Bale, Beck, Murray, Blackburn, Bradford, Bradley, Brinson, Brown, Clarke, Bullaru, 'Burruss, Carithers, Carter,

Clarke, Clements, Cole, Coleman, Calhoun, Collins, Connor, Dennard, Dockery, Dorsey, Ennis, Estes, Findley, Fowler, Griffin, Decatur, Hartley, Haynes,

Hudson, Jackson, Key, Kirby, LeSueur, Mathews, Dawson, Mathews, Elbert, McCalla, McLanahan, Reiser, Shannon, Stark, Strickland, Turner, Wohlwender, Woodward,

Those not voting were Messrs.-

Baggett, Brown, Emanuel, Edwards, Bryan, Green, Clayton, Griffin, Lowndes, Harris, Walker,

.Tones, Wilkinson, :Meadows, Myrick, Peacock, Ragland,

Rice, SpencP, Westbrook, Wheatley, Young,

Ayes, 121; nays, 48~

The roll call was verified.

On the passage of the bill the ayes were 121; nays, 48.

Th~ biH having received the requisite constitutional majority was passed .as amended.

Mr. Blackburn of Fulton moved that the House do now adjourn to meet again at 3 o'clock this afternoon, and the motion prevailed.

WEDNESDAY, MARCH 28, 1917.

133

The Speaker announced the House adjourned until 3 o'clock this afternoon.

3 O'CLOCK, P. M.
The House met again at this hour and was called to order by the Speaker.
By unanimous consent the roll call was dispensed with.
The following bill of the Senate was taken up and read for the third time:
By Special Committee of 35-
A bill to amend and supplement the prohibition laws of this State, and for other purposes.
The following substitute was read and adopted :
A bill to be entitled an Act to amend and supplement the prohibition laws of this State; to make it unlawful to transport, ship or deliver in this State, whether from without or from within the State any spirituous, vinous, malt, or fermented liquors, or other intoxic~ting liquors or beverages, except alcohol and wine under certain restrictions and limitations; to niake it unlawful to have, receive, possess or control any such liquors, except alcohol for medicinal, mechanical, and scientific purposes, and wine for sacramental purposes under conditions prescribed; to make it. unlawful to distill, manufacture, or make any alcoholic, spirituous, vinous or malted liquprs or intoxicating beverages in this State; to provide for the punishment of violators of the provisions of this Act; to provide for

13'4

JouRNAL OF THE HousE.

the seizure, condemnation and sale of property used in violation of this Act, and for the disposition of the funds arising from such sale; to provide additional fees and costs in cases of conviction for violation of certain provisions of the prohibition laws of this State; to repeal the Acts approved November 18th, 1915, and of August 19th, 1916, and certain portions of the Act approved November 17th, 1915, 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 from and after the passage of this Act it shall be unlawful for any common carrier, corporation, firm or individual to transport, ship, or carry, by any means whatsoever, with or without hire, or cause the same to be done, from any point without this State to any point within this State, or from place to place to place within this State, whether intended for personal use or otherwise, any spirituous~ vinous, malted, fermented or intoxicating liquors, or any of the prohibited liquors or beverages, as are defined in the Act. approved November 17, 1915, being ''An Act to make clearer and more certain'' the prohibition laws of this State, etc., or any alcoholic compound or malt or liquors whether intended for beverage purposes or not, but which can be diluted and when so diluted may be used as a beverage a.nd will produce intoxication. It shall be unlawful for any corporation, firm, person or individual to receive from any common carrier, corporation, firm, person, or individual, or to have, control or possess, in this State, any of said enumer-

VVEDNESDAY, ~ARCH 28, 1917.

135

ated liquors or beverages whether intended for personal use or otherwise, save as is hereinafter excepted.
SEc. 2. Be it further enacted by the authority aforesaid, That nothing herein contained shaH prohibit the use of pure alcohol for medicinal purposes as is prescribed in Sections 426, 427, 428, 429 and 430 of the Criminal Code of 1910, said alcohol, however, to be shipped, received and possessed only as is provided in Section 3 of this Act.
SEc. 3. Be it further enacted by the authority aforesaid, That any common carrier may transport ship or carry from any point without this State to any point within this State, pure alcohol to be received only by any practicing physician who is the sole proprietor of a drug store, licensed druggists, pharmacists, manufacturers, chartered colleges, chartered hospitals or State institutions, and to be used only for medicinal, mechanical and scientific purposes not contravening in any way the prohibition laws of this State, under the following conditions: Any practicing physician who is the sole proprietor of a drug store, licensed druggist, phar:macist, manufacturer, chartered college, chartered hospital or State institution, desiring to have shipped and to receive pure alcohol for said purposes within this State shall make sworn application to the Ordinary of the county of his residence for a permit to receive said alcohol, upon the certificate of two responsible citizens of said county as to his good moral character, in the follo~g form:

13'6

JouRNAL oF THE HousE.

GEORGIA, ____________________County: _________________ (naming applicant) applies for
right to receive __________gallons of pure alcohol, which is to be used for the fo1lowing scientific, mechanical or medicinal purposes only: ____________ _ ______________ (state purposes for which intended). The business or occupation of applicant is that of ______________________________ (state business or
occupation).

(Name of party making application.)
Personally comes____________________, the above stated applicant, who being duly sworn says that the facts herein set forth are true. This the ________day of___________ ~ ____19____.

Ordinary__________ County, Georgia.
We, ____________________ Citizens of_ __________ _
County, State of Georgia, do hereby certify that ___________________, the above named applicant, is personally known to us as a citizen of this county, and is of good mora:l character, and is engaged in the business or occupation named in the above stated application. This the________day of_ __________, 19__

The above application is approved and granted by me on this the______day of_ ___________, 19__
Ordinary_______ County, Georgia.

"WEDNESDAY, MARCH 28, 1917.

137

This application shall be presented in duplicate, the Ordinary to retain one in his office. When said application is presented to the Ordinary aforesaid he shall issue and approve the same, and when so issued and approved will authorize said- applicant to present the same to any common carrier, and will authorize said common carrier to deliver to said applicant and the said applicant to receive the quantity of pure alcohol therein specified. Said common carrier is hereby required to endorse on the back of said application the date of delivery and the quantity of alcohol so delivered on said application. whereupon said application shall cease to be authority for the delivery or receiving of any further quantity of alcohol on said certificate and no other or further certificate shall be issued to said applicant until he shall have made a sworn statement to the Ordinary showing in what manner and for what purposes said al- ' cobol has been used, and the names of parties to _ whom sold. If any person under the provisions of this section shall make a false statement of the use made of said alcohol he shall, on conviction thereof, be punished as prescibed in Section 16 of this Act, and on conviction for the second offence be forever denied the right to receive any further shipments of alcohol.

SEc. 4. Be it further enacted by the authority aforesaid, That no Ordinary within this State shall issue any such application or certificate as is in this Act prescribed to any corporation, firm or individual when he knows, or has probable cause to suspect,

13'8

JOURNAL .OF THE HousE.

that the party aforesaid is not setting forth the truth in the same, and every Ordinary violating this provision shall upon conviction therefor be punished as prescribed in Section 16 of this Act.

SEc. 5. Be it further enacted by the authority aforesaid, That said Ordinary shall enter said application in a book to be provided by the counties of this State for that specific purpose, and for which service he shall receive a fee of fifty cents (50c) to be paid by the applicant. Said record shall always be open to public inspection, during office hours.
SEc. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of said applicant to return said application after the same has been endorsed by said transportation company as is required by Section 3 of this Act, to the Ordinary issuing the same.
SEc. 7. Be it further enacted by the authority aforesaid, That any applicant knowingly making a false oath to said application shall be guilty of the offense of false swearing and upon conviction therefor shall be punished as is prescribed in Section 262 of the Criminal Code of 1910.
SEc. 8. Be it further enacted by the authority aforesaid, That any person kri.owingly and falsely signing the certificate of good character, as specified in Section 3 of this Act, shall upon conviction therefor be punished as is prescribed in Section 16 of this Act.

WEDNESDAY, MARCH 28, 1917.

139

SEc. 9. _Be it further enacted by the authority aforesaid, That any applicant failing to return said application to the Ordinary issuing the same within five days from receipt of shipment made in accordance therewith, unless the same should be lost, destroyed or mislaid (to be shown by affidavit), as is provided in Section 6 of this ~ct, shall be denied all further applications, and upon conviction therefor shall be punished as is prescribed in Section 16 of this Act.
SEc. 10. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person receiving al~ohol under the provisions of this Act to use or permit the use of any portion of said pure alcohol so received for any purposes other than those specified in said application; and any corporation, firm or individual violating the provisions of this section shall upon conviction be punished as is prescribed in Section 16 of this Act, and shall forfeit his license to practice his profession or to do a like business within this State.
SEc. 11. Be it further . enacted by the authority aforesaid, That any common carrier delivering any such alcohol to any corporation, firm or individual upon a false or forged application, knowing the same to be such, or without such application having been made as herein provided and without the package being plainly marked showing its contents shall, upon conviction therefor, be punished as is prescribed in Section 16 of this Act.. Any agent, or official, or employee of said corporation, firm or indi-

140

JOURNAL OF THE HousE.

vidual who shall violate any of the provisi.Qns of this Act shall be subject to prosecution as a principal for said violation, and punished as is prescribed in Section 16 of this Act.
SEc. 12. Be it further enacted by the authority aforesaid, That any person who shall forge, or use a forged application as herein prescribed, shall be guilty of a crime and upon conviction therefor shall be punished as 1s prescribed in Section 16 of this Act.

SEc. 13. Be it further enacted by the authority aforesaid, That any common carrier may, with or without hire, transport, ship or carry from any point without this State to any point within this State wine
which is to be used for sacramental purposes or in
the obser-Vance of the Lord's supper only when the package is plainly marked and branded showing the contents, the quantity and the purpose for which it is to be used, and under the following conditions: It shall be the duty of the ordained minister, priest in actual charge of a church or religious order, or head of the official board of any church or religious order who may desire a permit to have shipped, and to receive, such wine for sacramental purposes only, to apply to the Ordi~ary of the county in which the church or religious order is located for 'permission to receive said wine, which said application shall be in the folh)wing form:
GEORGIA, __________________County: I. __________ (giving name and official connection)

VY:ED~ESDAY, l\fARCH 28, 1917.

J41

apply for the right to receive __________ (here state
quantity) of wine which is to be used for sacramental purposes only in _______________________ (here give
name of church). This the ________ day of ______________19__ _ ___ __ ____ _____ ______: __________ Applicant.

The above application is approved and granted by me this the________ day of____________ 19___ _
____________________________ O r d i n a r y .
This application shall be made in triplicate and the Ordinary shall retain in his office one of said applications; that one of said applications shall be forwarded with the order for such wines and it shall be the duty of the party shipping said wine at the time of presenting the same for shipment to present said application to the common carrier, who shall transmit said application with the shipment of such wines. Upon said application being presented to the Ordinary aforesaid the same shall be issued and apprQved by him, for which he shall receive the sum of twenty-five cents (25c), to be paid by the applicant, and when so issued and approved, the same may be presented to any common carrier, and will authorize said common carrier to deliver, and said applicant to receive, the stated quantity of wine for the purposes therein specified.
Said common carrier is hereby required to endorse on the back of said application the date of delivery and quantity of wine so delivered on said application, and no further deliveries shall be made on

142

JouRNAL OF THE HousE.

said application. It shall be the duty of the Ordinary to record said application as is required by Section 5 of this Act, and it shall be the duty of said applicant to return said application to said Ordinary as required by Section 6 of this Act. Upon failure of said applicant to return said application to the Ordinary, as so required in this Act, he shall, upon conviction therefor, be punished as is prescribed in Section 16 of this Act.
SEc. 14. Be it further enacted by the authority
aforesaid, That said wines when so received shall be retained in the custody and possession of the said applicant save when the said wines are being administered in said sacramental service. Only one such application shall be made and allowed per each calendar month to each church or congregation, and the amount so obtained thereon shall not exceed that required for said sacramental purposes.
SEc. 15. Be it further enacted by the authority aforesaid, That no person shall be exempt from testifying as to any offense committed by another under the terms of this Act by reason of his testimony tending to criminate himself, but the testimony given by such person shall in no case be used against him.
SEc. 16. Be it further enacted by the authority aforesaid, That the punishment for any violation of any of the provisions of this Act wherein a different punishment is not prescribed, shall be as for a misdemeanor as provided in Section 1065 of the Penal Code of 1910.

"WEDNESDAY, MARCH 28, 1917.

143'

SEc. 17. Be it further enacted by the authority aforesaid, That upon the trial of any carrier, public or private, his, her or its agent, charged with transporting, or delivering, or transporting and delivering liquors in violation of law, proof of the fact of the transportation or delivery, or both as the case may be, shall be sufficient to make a prima facie _case of guilt.

SEc. 18. Be it further enacted by the authority aforesaid, That the Act approved November 18, 1915, and known as the non-shipping law, found on pages 90 et seq. of the Acts of 1915, extraordinary session, be and the same is expressly repealed, provided that this shall not be construed to affect either directly or indirectly nor save from prosecution for offenses committed heretofore under that Act. The latter part of Section 2 of the Act approved November 17, 1915, extraordinary session, found on page 80, and reading as follows: ''But this inhibition does not include and nothing in this Act shall affect, the social serving of such liquors and beverages in private residences in ordinary social intercourse,'' is expressly repealed. The Act approved August 19, 1916, found on pages 72 et seq. of said Acts of 1916, regulating the importation of alcohol, is also expressly repealed.
'
SEc. 19. Be it further enacted by the authority aforesaid, That nothing contained in this A_ct shall affect or limit the shipping or receiving of denatured alcohol which cannot be used for beverage purposes,

144

JouRNAL oF THE HousE.

and which can be used only for scientific or mechanical purposes.

SEc. 20. Be it further enacted by the authority aforesaig, That all apparatus or appliances which are used for the purpose of distilling or manufacturing any of the liquors or beverages specified in this Act are hereby declared to be contraband and no corporation, firm or individual shall have any property right in or to the same and whenever said apparatus or appliances so used or are about to be used for the purpose of manufacturing, using, holding or containing any of the liquors or beverages specified in this Act are found or discovered by any sheriff, deputy sheriff or other executing officer of this State, the same shall be summarily destroyed and rendered useless by him without any formal order of the court. All vehicles and conveyances of every kind and description which are used on any of the public roads or private ways of this State, and all boats and vessels of every kind and description which are used in any of the waters of this State in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by imy sheriff or other arresting officer who shall report the same to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be, within ten days from the time he received said notice, to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner if known, and if the owner is unknown notice of such

WEDNESDAY, MARCH 28, 1917.

145

proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published.
If no defense is filed within thirty days from the :filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said vehicle, conveyance, boat or vessel was so used with the knowledge of the owner or lessee the same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied as follows:
a. To the payment of the expenses in said cause including the expenses incurred in the seizure.
b. One-third of the remainder to the officer making the seizure and furnishing the proof.
c. To the payment of the costs of the court, which shall be the same as now allowed by law in cases of forfeiture of recognizance.
d. The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any 'of the provisions of this Act: Provided, that in any county of this State in which any of the officers of either the county, city or superior courts are now on a salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be re-

146

JouRNAL OF THE HousE.

tained in the general fund of and become the property of such county.
SEc. 21. Be it further enacted by the authority aforesaid, That whenever any person is arrested and convicted for the offense of .using any of the apparatus or appliances referred to in the preceding section in the distilling or manufacturing of any of the liquors or beverages specified in this Act, there shall be taxed in addition to the costs already provided by law and as a part of the costs in such case the sum of $25.00, which sum shall be paid over to the officer making said arrest and procuring the evidence resulting in conviction of said accused.
SEc. 22. Be it further enacted by the authority aforesaid, That it shall be unlawful for any corporation, :firm or 1ndividual in this State to knowingly permit or allow any one to have or possess or locate on his premises any apparatus for the distilling or manufacturing of the liquors and beverages specified in this Act. When any such apparatus is found or discovered upon said premises the same _shall be prima facie evidence that the person iri actual possession had knowledge of the existence of the same, and on conviction therefor, shall be punished as prescribed in Section 16 of this A-ct, the burden ofproof in all cases being upon the person in actual possession to show the want of knowledge of the existence of such apparatus on his premises.
SEc. 23. Be it further enacted by the authority aforesaid, That any person, firm or corporation who

~WEDNESDAY, MARCH 28, 1917.

147

shall, within this State, distill, manufacture or make any alcoholic, spirituous, vinous, malted or mixed liquors or beverages, any part of which is alcoholic, shall be guilty of a felony and upon conviction therefor be punished by confinement and labor in the pen-

itentiary for not less than one year nor longer than

five years.

/

SEc. 24. Be it further enacted by the authority

aforesaid, That ~lllaws and parts of laws in conflict

with this Act, be and the same are hereby repealed.

The report of the Committee which was favorable

to the passage of the bill was agreed to by substi-

tute. Mr. Fullbright of Burke moved the previous ques-
tion on the bill and the substitute and the motion prevailed. The main question was ordered.
Mr. Blackburn of Fulton called for the ayes and nays on the passage of the bill, and the call was sus-

tained. The roll call was ordered and the vote was as

follows:

Tho-se voting in the affirmative were Messrs.-

Adams, Allen, Glascock, Allen, J aekson, Anderson, Jenkins, Anderson, Wilkes, Arnold, Clay, Arnold, Henry, Arnold, Oglethorpe, Atkinson, Emanuel, Ayer, Ballard, Barber, Barfield, Beazley,

Beck, Carroll, Bell, Milton, Beall, Richmond, Bowers, Boyett, Brooks, Brown, Wheeler, Burtz, Campbell, Carroll, Chancey, Coleman, Laurens, Collins, Conger,

Cook, Cooper, Cravey, Culpepper, Davidson, Davis, Dickerson, Dodd, Dorris, Crisp, Dorm, Douglas, Dorsett, Duffy, Edwards, Haralson, Edwards, Walton,

148

JOURNAL OF THE HousE.

Elders, Evans, Fullbright, Gilliam, Gordy, Green, Clayton, Green, Wilkes, Harris, Washington, Haynes, Heath, Hodges, Holden, Hopkins, Johnson, Appling, Johnson, Gwinnett, Jones, Coweta, Keene, Kidd, King, Greene, King, Jefferson,

Ledbetter, Liles,,. Lunsford, Martin, Mathews, Dawson, Moore, Heard, Moore, Jeff Davis, Morris, Cobb, Morris, Hart, "l'lcLanahan, McRae, Neill, Nunn, Olive, Oliver, Parker, Parks, Perkins, Pharr, Pickren,

Sheppard, Shipp, Short, Simpson, Sloan, Smith, Dade, Smith, DeKalb, l:imith, Toombs, Speuce, SteelA, Stewart, Stovall, l:iumner, Taylor, .Monroe, Thompson, 'fowles, Veazey, Walker, Ben Hill, Webb, Williams,

King, White,

Redwine,

\orsham,

Kuby,

Rich,

Wright,

Knight,

Rol>erts,

Youmans', Candler,

Lane,

Sheffield,

Yeomans, Terrell,

Lanier,

Those voting in the negative were Messrs.-

Anderson, Floyu, Arnold, Clarke, Atkinson, Fulton,

Carithers, Carter, Clarke,

Fowler, Hartley, Jackson,

Bale, Beck, :Murray, Blackburn, Bradford,

Clements, Cole, Coleman, Calhoun, Dennard,

Key. Mathews, Elbert, Reiser, Shannon,

Brinson, Brown, Clarke, Bullard,

Dorsey, Estes, Findley,

Stark, Strickland, Wohlwender,

Those not voting were Messrs.-

Anderson, Banks, Andrews, ArriJ!gton, Baggett, Bradley, ~rown, Emanuel, Burruss,

Collier, Connor, Dockery, Edwards, Bryan, Ennis, Gillis, Griffin, Decatur,

Griffin, Lowndes, Harris, Walker, Hines, Hogg, Howard, Hudson, .Jones, Wilkinson,

' "WEDNESDAY, MARCH 28, 1917.

149

LeSueur, Lowe,
~Iarshall,
Meadows, Myrick,
McCalla,

Pea'cock, Ragland, Rice, Rushin, Shuptrine, Swift,

Ayes, 115; nays, 30.

Taylor, Washington, Turner, Walker, Bleckley, Westbrook, Wheatley, Woodward, Young,

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

On the passage of the bill the ayes were 115 ; nays, 30.

The bill having received the requisite constitutional majority was passed by substitute.

The following resolution of the House was read and adopted:
By Mr. Blackburn of Fulton -

A resolution providing for the adjournment sine die of the General Assembly at 5 o'clock Wednesday, ~larch 28th.

The following message was received from His Excellency, the Governor, through his Secretary, Mr. Jones.

Mr. Speaker:

I am directed by His Excellency, the Governor, to deliver to the House of Representatives a communication in writing for which he respectfully asks consideration.

The following message from His Excellency, the Governor, was read:

150

JOURNAL OF THE HousE.

STATE OF GEORGIA, EXECUTIVE DEPARTMENT, ATLANTA,
.March 28, 1917.
To the General .Assembly:
Inasmuch as the public prints of this State have seen fit to represent me as giving utterance to some disappointment over the striking out by the House of all reference to the Commissioner of Prohibition in the pending measure, I have thought it not improper to lay before your body some reasons why I had hoped you would finally conclude to continue this provision in any Act which you might pass.
I trust you will acquit the Govervor of any disposition to find fault with the action of your body while engaged in the consideration of a matter peculiarly within your discretion, or of trying in any way improperly to influence your judgment or embarrass your final conclusions. I shall accept whatever you do with the full assurance that you have acted with a due regard to your obligations toward those whom you represent in this Assembly.
The bill which was presented to you in the opening of your deliberations was intended only as a guide in your action should you see fit to follow the lines marked out and advised by the Governor in the message delivered to you.
1. It has been found that the surest way to secure the uniform enforcement of a law against the liquor traffic is to have some respons_ible head charged directly with looking after the matter. No

"WEDNESDAY, MARCH 28, 1917.

151

one delights in prosecuting such cases, and often- times, the violation of the law would go without investigation if it depended on individuals or even officials of the neighborhood. So in Alabama after they had tried the law for some time and repealed it and then repassed it, the Attorney General was charged with the business of enforcing it. In West Virginia the Tax Commissioner is required to look after this duty, while in Virginia a separate Commissioner, at a high salary with abundant help and large appropriations is appointed. I have heard from those States that the law in the main is working well and is being enforced with uniformity and efficiency, especially in the two latter States mentioned. There is no confusion and no disturbance and the county officers are all glad to have the assistance of the State Commissioner at any time.
2. where the law is left to be enforced by the county authorities alone there are certain to be irregularities in its administration. In some counties where the authorities are friendly the law will be strictly enforced, while in others where the officers are unfriendly the contrary may result. To avoid this, and to secure the uniformity so much desired, a central head, advisory or otherwise, is not only convenient, but would seem to be almost necessary. The States which have failed most signally in the effort to enforce the law are those without a central head or bureau. The very nature of the work will convince any honest mind of the truth of this contention. The disposition to violate the law is so widespread and depends so much not only on the character of

152

JouRNAL OF THE HousE.

the inhabitants of the particular locality, but also on the,environment and education, that some one charged with authority to gather the information necessary to make the law effective should be provided. Unless this is done, there will be one county which strictly complies with the law while another throws the door open and disregards the statutes entirely. In this way the whole State suffers. If there is one place where the law is not enforced the success of the law will be put in jeopardy. It has seemed to me, therefore, in studying the situation, comparing our own State with other southern States, the character of our population, the large number of colored people among us, and the danger that threatens on every hand on this account, that it would be better to have some responsible officer to consult, to advise, or even to get information. I believe the people of Georgia would prefer this course, and if you are willing to adopt it your work will be made more effective and your coming together will prove of such vast advantage to our State that it will not be long before every one will accord to you the highest measure of praise that a Legislator ever secures from the faithful discharge of duty.

Respectfully submitted,

N. E. HARRIS, Governor, This March 28th, 1917.

The ~ollowing resolution was read and adopted:

WEDNESDAY, MARCH 28, 1917.

153

By Mr. Atkinson of Fulton-
A resolution providing for the per diem and mileage of the late l-Ion. Jacob E. Dart, to the Ordinary of Glynn County.
Mr. Blackburn of Fulton filed the following protest against the passage of the prohibition bills in behalf of himself and other members.

llfr. Speaker:
The undersigned, being members of the special committee to whom was referred House Bill No. 1, which was introduced on Tuesday, March 20th, finding ourselves unable to agree with the favorable :r_:eport made by the majority recommending the passage of said bill, desire to enter our protest and dissent from said recommendation and file this minority report with the recommendation that said bill do not pass for the reasons which will be hereinafter stated.
1. That such legislation, not desired and not wanted by the people of Georgia, will breed contempt, not only for this Act, but for all laws, and will not be enforced or respected by the people of Georgia, who believe that the call of this second extra session of the Legislature was for political purposes to advance the cause of certain political aspirants, who hope to ride into office on a political wave created for that purpose.
2. We further submit that at an extraordinary session of this General Assembly held during the

154

JouRNAL OF THE HousE.

year 1915 an Act was passed covering the whole subject of the regulation of and prohibition upon the sale of and traffic in liquor in so far as the same was compatible with the provisions of the Constitution of this State, wherein by the 6th Section of said Act, approved on the 18th day of November, 1915, it was declared by the general policy of the State that certain liquors under non-prohibited conditions and in non-prohibited quantities should be delivered to and possessed by individuals for personal and domestic use only, which declaration of public policy was made by this General Assembly after the most mature deliberation and with the purpose and desire upon the part of the majority thereof to settle for all time the question touching the prohibition of the use of intoxicants in this State. The bill above mentioned, along with the companion bills relating to the general subject of the prohibition of the sale and use of liquor, constituted a comprehensive scheme which expressed in complete form the entire legislative thought of the State. Subsequently the Governor, under whose administration the prohibition legislation aforementioned was passed, became a candidate to succeed himself, and notwithstanding the unbroken precedent for forty years (saving only one isolated instance) that a Governor was awarded a second term by way of approval of his administration, the issue being directly made upon the action of the present Governor in bringing about the passage at an extraordinary session of the General Assembly of the legislation aforementioned the administration of said Governor was

WEDNESDAY, MARCH 28, 1917.

155

utterly and completely repudiated at the polls and he was ingloriously defeated and relegated to private life.
3. The right to use liquor for personal and domestic purposes has never within the history of the State, until now, been questioned. The only occasion upon which the people have had the opportunity to express their disapproval of the policy of puritanical prohibition was in the last general election, and the result of that election left no doubt as to what in the public mind constituted the true pub1ic_policy of the State of Georgia upon that subject. We submit therefore, that as a matter of expediency, not only has there been no demand from the public for the passage of any prohibitive measure which denies to the citizen the right to use ardent spirits for domestic and personal purposes, but on the contrary the whole history of the State from the date of its organization establishes the traditional and inherent right of the citizen to use such spirits as his judgment might dictate, provided that in such use he in no wise infringed upon the right of others. The Constitution of the State of Georgia in the Bill of Rights enumerates certain inherent privileges which belong to the citizens of Georgia, among others the right to bear arms, to be exeinpt from unreasonable search and seizure of person or property, the right to speak and write his own sentiments as he might deem proper, being responsible only for the abuse of the privilege, and numerous other rights specifically mentioned, and by paragraph 2, Sec. 5 and Article 1, of the Constitution it is expressly provided:

156

JouRNAL OF THE HousE.

"The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed."
This provision was incorporated in the Constitution of 1877. There can be no dispute that prior to that date, and for a time whereof the memory of man runneth not to the contrary, the right of a citizen of Georgia to have, possess and keep in his own home for domestic and personal uses and for dispensation by way of hospitality just such liquors as he saw proper, including those, the use of which is now sought to be prohibited by the passage of this bill, was never questioned. We submit therefore, that when the Georgia Legislature by a majority ot its members undertakes to deprive a free white man of the privilege of the personal use of ardent spirits, it is an effort to deprive him of one of the inherent privileges which, under the Constitution of the State, he is entitled to enjoy as a citizen of Georgia. The undersigned appeal to the Constitution of this State as the Ark of the Covenant which must ultimately shelter and protect the rights of all tbe citizens of the State against the aggressions of arbitrary power.
4. We submit that this bill cannot be defended upon the theory that the State in the exercise of its police power may regulate and destroy the traffic in liquor. So far as we have been able to learn the police power has never been held in this State to extend to a prohibition upon the personal use of liquor.

\VEDNESDAY, ~ARCH 28, 1917.

157

Indeed the proposition has never been hitherto seriously urged, nor until now has there ever been any pretension that the citizen could be deprived of this right by arbitrary legislation.
5. VVe further submit that the organization of a system of State-wide consta1bulary invested with authority to institute a State-wide system of domiciliary visitation and espionage is contrary to the whole spirit and genius of the institutions of government under which we live. It violates the letter and spirit of the Constitution of this State in that it undertakes to set apart this proposed ~?tatute as a law unto itself and notwithstanding the provisions for the general enforcement of all penal laws to organize a State-wide system for the enforcement of this particular law. The people of Georgia by the Constitution have reserved to themselves the authority to elect sheriffs, constables, policemen, judges, solicitors general, and all other officers constituting a complete system of machinery for the ' enforcement of penal laws, but the bill recommended for passage by the majority proposes to take away from the people of the State the power to elect those officers who are to enforce this law and invest the Governor of the State with the arbitrary power of appointment and removal. VVe submit that not only is this contrary to the Constitution of the State but it invests the chief Executive of the State with an arbitrary power such as the people of this State have never yet conferred upon any chief Executive.
6. VVe further submit that there is no possible

158

JOURNAL OF THE HOUSE.

defense of that provision of the law which prohibits the manufacture for personal and family use of domestic wines and the prohibition against the use of such wines for sacramental purposes is an insult to the Christian civilization of the age. The bill presents the amazing paradox of authorizing the importation from other States of wines for sacramental purposes when by its terms it prohibits our own people from manufacturing wines for similar purposes from their own vines, and it might be helpful to inquire what would be the attitude of that religious denomination which is willing to take the sacrament from wines fermented in Tennessee and yet refuse to accept it when fermented from grapes grown upon the vines of Georgia. The hypocrisy of the whole situation is developed in this statement and we submit that under no. possible theory of ethics, or morals, or of law can the proposed legislation be upheld as a constitutional or wise exercise of the power to make laws. We submit that the time has not yet come in Georgia when the people of this Sta:te are so indifferent to their rights as that they will sit quiet and unresisting and see themselves deprived by arbitrary power of their right to exercise the p:rivileges of freemen. In the case of Adams Express Co. v. Commonwealth of Kentucky, reported in Vol. 238, page 190, of the decisions of the Supreme Court of the United States, that Court had under consideration a case which involved the right under the Webb-Kenyon law to exclude from interstate commerce liquors designed for personal use. This Court held that in view of the

WEDNESDAY, MARCH 28, 1917.

159

decision of the Supreme Court of Kentucky upon that subject that such liquors could not be prohibited in interstate commerce. It quotes from the decision of the Supreme Court of Kentucky, and it is refreshing in this day and generation to read from that case the sentiments expressed when it was sought to deprive the individual of his right to use liquor. That great Court said:

''The history of our State from its beginning shows that there never was even the- claim of a right on the part of the Legislature to interfere with the citizen using liquor for his own comfort, provided that in so doing he committed no offense against public decency by being intoxicated; and we are of opinion that it never has been within the competency of the Legislature to so restrict the liberty of the citizen, and certainly not since the adoption of the present Constitution. The Bill of Rights, which declared that among the inalienable rights possessed by the citizens is that of seeking and pursuing their safety and happiness, and that the absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority, would be but an empty sound if the Legislature could prohibit the citizen the right of owning or drinking liquor when in so doing he did not offend the laws of decency by_ being intoxicated in public. . . . Therefore the question of what a man will drink, or eat, or own, provided the rights of others are not invaded, is. one which addresses itself alone to the will of the citizen.

160

JOURNAL oF THE HousE.

It is not within the competency of government to invade the privacy of a citizen's life and to regulate his conduct in matters in which he alone is concerned, or to prohibit him any liberty the exercise of which will not directly injure society.''
When we read the language of this decision and read it in connection with the hereditary traditions of our own State we may well inquire from whence does the Georgia Legislature draw the authority to take away from the citizen of the State the privilege of using his own discretion as to what he will drink, or what he will eat, or what he will own. These considerations lead us to the conclusion that not only is the proposed legislation unwise in the superlative sense, but that it is in violation of the very spirit and genius of the institutions of government under which we live. We, therefore, recommend that the bill do not pass.
STARK of Jackson.
FINDLEY of Floyd.
STRICKLAND of Pierce.
JACKSON of Chatham.
wALTER P. ANDREws of Fulton.
DoN HARRIS of Walker.

The undersigned being unable to agree with the majority of the House as to the wisdom of passing House Bill No. 1, being colloquially known as the Bone-Dry Prohibition Bill, beg leave to file as

WEDNESDAY, MARCH 28, 1917.

161

a protest against the action of the House the report herewith filed by a minority of the special committee which was charged with making report on said bill, and further that the same be entered, with this protest, upon Journal of the House.
SPENCER ATKINSON of Fulton.
Ross B. BLAcKBURN of Fulton.
S. M. JACKSON of Chatham.
J. H. CARTER of Bacon.
JOHN W. BALE of Floyd.
W. C. BRINSON of J obnson.
E. H. BEcK of Murray. The following message was . received from the Senate, throngh Mr. McClatchey, Secretary thereof:
Mr. Speaker:
The Senate bas concurred in the following resolution of the House, to-wit:
A resolution providing for the payment of the per diem and mileage of the late Hon. Jacob E. Dart of Glynn County.
The fQllowing message was received from the Senate, through Mr. McClatchey, Secretary thereof:
Mr. Speaker: The Senate has concurred in the House substitute
to the following bill of the Senate, to-wit: A bill to amend and supplement the prohibition

162

JouRNAL oF THE HousE.

laws of this State, and for other purposes.
The following message was received from the Senate, through Mr. McClatchey, Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following resolution of the House, to-wit:
A resolution providing for the adjournment sine die of the General Assembly at 5 o'clock P. M.
The Speaker appointed the following Representatives as the Committee on the part of the House to notify His E.xcellency, the Governor, that the General Assembly has finished its labors and is now ready to adjourn:
Messrs. Parker of Ware, Hopkins of Thomas, Dorris of Crisp.
On motion of Mr. Blackburn of Fulton, the Speaker was authorized to appoint a committee of five to draw up a suitable memorial on the death of Hon. J. E. Dart of Glynn County.
The Speaker appointed the following members of the House to draft suitable memorial on the death of Hon. Jacob E. Dart of Glynn County:
Messrs. Blackburn of Fulton, Chairman; Atkinson of Fulton, ClarKe of Mcintosh, Beck of Murray, Bale of Floyd, Strickland of Pierce.
The following message was received from the Senate, through Mr. McClatchey, Secretary thereof:

WEDNESDAY, MARCH 28, 1917.

163

Mr. Speake1:
The Senate has adopted the following resolution in which the concurrence of the House is respectully asked, to-wit:
A resolution providing for the appointment of a committee of two from the Senate and three from the House of Representatives to wait upon His Excellency, the Governor, and inform him that the General Assembly has finished all business before it and is ready to adjourn sine die.
The committee on part of the Senate under the above resolution are Messrs. Way and McCrory.
The Speaker amiounced the chairmen and the following members of certain committees to remain two days at the Capitol after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session :
Auditing Committee: Gillis of Montgomery, Chairman; King of White, Towles of Butts, Sloan of Forsyth.
Engrossing Committee: Dorris of Douglas, Chairman; Beck of Murray, Edwards of Walton.
Enrollment' Committee: Arnold of Clay, Chairman; Moore of Heard, Smith of Toombs, Pickren of Charlton, Bell of Milton.
Mr. Blackburn of Fulton, Chairman of the special committee appointed to draft memorial on the death of Ron. J. E. Dart, submitted the following report:

lfn )lttmnriam 1!fnn. ]atnh ~. :!Bart
OilJlnn C!tnunty

166

JouRNAL OF TilE HousE.

IN MEMORIAM.

Mr. Speaker atnd Gentlemen of the House:
During the Extraordinary Session of the General Assembly called for the year 1917, in the City of Atlanta, at the ripe age of seventy-two years Jacob Edgar Dart, the Representative in the General Assembly from the County of Glynn, departed this life. Under a resolution of the House of Representatives the undersigned were appointed a committee to prepare an appropriate memorial to be entered upon the Journal of the House.
We might meet the requirements of this resolution by ins.cribing upon the Journal of the House the simple statement: ''He lived and died in the service of the State.'' It is vouchsafed to few men to have so served their country in times of peace and war as that the above statement could be written as the almost literal truth descriptive of their career.
He was born in the City of Brunswick, was a citizen of Glynn County during his entire life. His education was acquired in the public schools of the City in the old Glynn County Academy. This institution of learning was maintained at the public expense and its-curriculum ranked along with the best of the high-schools of today. He had not the advantage of collegiate training, but being mentally alert he continued to grow in intellectual power as the years passed away, and few men were more familiar with the literature of the past and present than he.

WEDNESDAY, MARCH 28, 1917.

167

While not what might be termed a ptofound scholar, his literary equipment was such as to render him on all occasions a strong and capable man. Before he had reached his manhood the great crisis had broken upon the country which developed into the Civil War. He promptly enlisted as a Confederate soldier and went to Virginia to follow the fortunes of Gordon and Jackson and Lee, from the booming of the guns at Manassas until the climax of the struggle was reached under the fatal apple tree at Appomattox, and it can be truthfully said of him that no stronger, sturdier, more stalwart or courageous soldier ever followed the failing fortunes of the Southern Cross. When the struggle was over the youthful soldier, discharged with honor, turned his face homeward, and with his other companions in arms, tramped his way back home. However bloody might have been the struggle through which he had just passed, a fiercer one confronted him when he reached the fireside which he had left. His home broken and impoverished as the result of the war, he and his brothers took upon themselves the re-building of the fortunes which had been destroyed. The reconstruction period brought the people of Georgia face to face with the most serious problem which ever confronted the Anglo-Saxon race. The recently emancipated and enfranchised negroes, drunk with the realization of their newly acquired power and aided by a few scalawags from the North and renegades at home, undertook to dominate the people of this State. Young Dart, as
he had been in Virginia before, was at all times in

168

JOURNAL oF THE HousE

the forefront of the battle for Anglo-Saxon supremacy, and when the conflict closed and victory again perche~ upon the banners of. the Southern people, his own people recognizing his contribution to the preservation of the State selected him time and again to represent. them in the General Assembly of Georgia. During the administration of Presiqent Cleveland he was appointed to a consular position. This office he held with credit to himself and honor to his country until the close of President Cleveland's administration . Georgia never made a call upon him that he was not ready to respond to with his blood and brain. He was the type of man whom, in times of great public distress, the Country could call to its colors and lean upon for support. He was a man of strong personality, very quick of temper, but it was impossible for him to cherish long~continued or deep-seated resentment. He had such a grasp of public affairs as that he could. respect the views of those who chanced to differ with him upon public questions. Take him all in all, he was a good man in the language of the old German philosopher:
"Who, mid all his dark strivings was still conscious of the right way."
He was loyal to his personal friends, devoted to his household and a good man. Green be his memory, peace-to his ashes.
Respectfully submitted,
RoBT. B. BLAcKBURN of Fulton.

WEDNESDAY, MARCH 28, 1917.

169

SPENCER B. ATKINSON of Fulton. E. H. BEcK of Murray. JoHN W. BALE of Floyd. J NO. D. CLARKE of Mcintosh. H. J. STRICKLAND of Pierce.
The following message was received from the Senate, through Mr. McClatchey, Secretary thereof:
Mr. Speaker:
The Senate has reconsidered its action in adopting the resolution of the House, providing that the General Assembly adjourn sine die at 5 o'clock P.M., on March 28th, 1917.
The hour of 5 o'clock P. M., having arrived, the Speaker announced the House of Representatives adjourned sine die.

INDEX
TO THE
HOUSE JOURNAL
EXTRAORDINARY SESSION
OF THE
GENERAL ASSEMBLY MARCH 20, 1917

PART I.
HOUSE BILLS

ADDRESSEs-

By the Governor

22

APPEALS FROM: CHAIRBy Mr. Blackburn, of Fulton

49 55

APPROPRIATIONs-

To make appropriation for deficiency pension payments. . . .

21

To appropriate $80,000 for payment of pensions 1917 ...... 21 50 53

To make appropriation to pay incidental expenses of extraordinary session ............................... .47 64 71 130

COMMITTEES, SPECIAL-

To escort Clerk to Clerk's desk

14

To inform the Governor of the convening of the General

Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

To appoint Special Committee of 35 on Prohibition . . . . . . . . . .

19

To escort the remains of Hon. J. E. Dart, of Glynn . . . . . . . .

84

To drape the chair of Hon. J. E. Dart, of Glynn . . . . . . . . . .

84

To buy suitable floral offering . . . . . . . . . . . . . . . . . . . . . . . . . .

85

To notify Governor of sine die adjournment . . . . . . . . . . . . . . .

162

To draft memorial to Hon. J. E. Dart, of Glynn . . . . . . . . . .

162

COMMUNICATION&-

From Hon. J. T. Boifeuillet

89

174

. INDEX

ELECTION-

Of Clerk of House

11

Of Messenger of House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

JOINT SESSIONS OF GENERAL ASSEMBLY-

To hear address of Governor . . . . . . . . . . . . . . . . . ... . . . . . . . . .

22

LIQUOR AND LIQUOR LAW8-

To amend prohibition laws relative to shipment of liquors into the State (Hopkins) . . . . . . . . . . . . 21 5G 68 74 92 101 107 118 130

To make felony to make alcoholic liquors (Culpepper) . . . . . .

21

To prohibit sale, transportation, etc., of liquor (Bale) . . . . . .

21

To mitigate evils of intemperance (Edwards, of Walton)....

21

MEMORIAL-

On Ron. J. E. Dart

166

MESSAGES, EXECUTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

150

MESSAGES, SENATE 14 14 18 19 88 88 106 106 161 161 162 16_3 169

OBJECTIONS TO RULING OF SPEAKER-

By Mr. Atkinson, of Fulton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

By Mr. Blackburn, of Fulton . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

PROCLAMATIONBy the Governor

PROTEST-

On passage of prohibition laws

153

PUBLIC PRINTING300 copies of H. B. No. 1 ............................. 65 66 67

REPORTS, MINORITY-

On Prohibition-House Bill No. 1 . . . . . . . . . . . . . . . . . . . . . .

56

REPORTS OF STANDING COMMITTEEsAppropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enrollment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Committee of 35 on 'femperanee ............ .48 56

48 55 129 90
74 105

INDEX

175

SESSIONS OF HOUSE-

1\fotion relative to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1!

PART II.

HOUSE RESOLUTIONsWith reference to Hon. John T. Bo~feuillet ............... . To give notificatioit committee to the Governor larger au thority ............................................. . Extending privileges of floor to Hon. W. J. Harris and C. L. Swain ......................................... . To canvass the vote for Governor and State House Officers and declare the result thereof ......................... . Relative to Hon. D. T. Paulk, of Ben Hill ................ . Providing a joint committee on Governor's inauguration .. : . Endorsing the President of the U. S.................... . Providing for adjournment to attend Taft meeting at auditorium ............................................. . Relative to action of House on Senate Bill No. 1 ......... . Relative to Hon. J. E. Dart, of Glynn ................... . Expressing appreciation of address of Hon. Wm. H. Taft... . Endorsing Rome, Ga., for the armor plant .............. . Providing sine die adjournment ......................... . To pay per diem of Hon. Jacob E. Dart, of Glynn......... .

lG
18
22
45 49 51 55 64
'31 83 91
S3
~9
91 149 153

PART III.

SENATE BILLsTo amend and supplement prohibition laws .............. 92 105 133
PART IV.

SENATE RESOLUTIONs-

Providing for joint committee to' notify the Governor that

the General Assembly had convened ................... .

15

Providing for joint session of Geneml Assembly ......... .

18

Expressing appreciation of address of Hon. Wm. H. Taft... .

90

Endorsing the city of Rome for armor plant

90

Relative to unfinished business of the session ............. .

130