Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: CHAS. P. BYRD 19151103 English
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AT ITS EXTRAORDINARY SESSION CON- VENED BY PROCLAMATION OF THE GOVERNOR November 03, 1915 19151103 COMPILED AND PUBLISHED BY AUTHORITY OF LAW
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1915 CHAS. P. BYRD, State Printer ATLANTA, GA.
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PROCLAMATION BY THE GOVERNOR SEPTEMBER 28, 1915.
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PROCLAMATION BY THE GOVERNOR (In the name and by the authority of the State of Georgia.) WHEREAS, No appropriations to cover the necessary expenses of maintaining the several departments of the State government and the various institutions of the State after the year 1915 were made at the regular 1915 session of the General Assembly, although Article III, Section VII, Paragraph 11, of the Constitution of Georgia specifically provides that no money shall be drawn from the Treasury except by appropriation made by law; and Preamble. WHEREAS, It is necessary that such appropriations for the years 1916 and 1917 be made before the beginning of the year 1916, in order that the efficiency and continuity of the service of the departments and institutions of the State may be properly maintained; and WHEREAS, Urgent need exists of deficiency and special appropriations in some cases to cover certain expenditures in several of the departments and institutions maintained by the State; and WHEREAS, It appears to be impracticable to secure uniform and adequate enforcement of the laws prohibiting the manufacture and sale of intoxicating liquors as they at present exist, necessitating the early addition to, or amendment of, said laws in order to stop, as far as possible, a great, immediate and continuing injury and damage, moral, material and physical, to many of our people, and it is hoped put an end to the wave of unrest from the disregard of law that seems to have existed in some portions of our State for some time past; and WHEREAS, The disposition of the Western and Atlantic Railroad at the expiration of the present lease is of great importance to our people, and every month of the time allowed for arranging the preliminaries is of value; and WHEREAS, The question of facilitating credits between those forces that control capital on the one hand and those that control and handle the great volume of the products
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of the State on the other is of vital importance to the material welfare of the people of Georgia, especially at this time when methods have constantly to be readjusted on account of the great wars now being waged across the seas; and WHEREAS, There appears to be serious danger of irreparable injury and damage to a new and growing industry in shrimp and prawn in our coast counties through the literal enforcement of our present laws for the protection of fish, which laws seem to be capable of revision in such manner as not only to preserve said shrimp and prawn industry without harm to the fisheries but to improve, conserve, and build up our natural resources in oysters as well, and to provide additional revenue thereby; and WHEREAS, Some doubts have arisen concerning the validity of the Automobile License Tax, owing to the decisions of some of the courts touching the same, which tax it is stated amounts to about $110,000.00 annually, and the loss of which it is thought could be prevented by a slight amendment of the law providing methods for its collection and disposition; and WHEREAS, The General Assembly does not meet in regular session until the fourth Wednesday in June, 1916, NOW, Therefore, by virtue of the authority vested in me by Article V, Section I, 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 third day in November, A. D., 1915, at 10 o'clock, A. M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session: Convocation. To consider and enact the general appropriation bill provided for in Article III, Section VII, Paragraph 9, of the Constitution for the years 1916 and 1917, taking such action on the items thereof as such General Assembly may deem advisable; General appropriations. To consider and take action upon such special and deficiency appropriations as in their judgment may be necessary to maintain the efficiency of the departments and
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institutions of the State, as well as the authority of the government thereof; Deficiency appropriations. To consider broadly the question of prohibition, with the view of making such additions to, or changes in the present laws, as will, in the opinion of the General Assembly, secure uniform and adequate enforcement of the same, and prohibit the sale and manufacture of alcoholic, spirituous, malt, or intoxicating liquors within the bounds of the State of Georgia; Intoxicating liquors. To consider the question of the future disposition of the Western Atlantic Railroad after the present lease expires, and to take such action thereon as may be deemed advisable at the extraordinary session; W. A. Railroad. To consider the establishment of a State Warehouse System, and take such action thereon as may be deemed expedient; Warehouse System. To consider, and, in their discretion, amend the laws for the protection of fish and fisheries in so far as they affect the taking of fish, oysters, shrimp and prawn; Fish, oysters, etc. To consider the question of amending the automobile license tax, authorized in the Act approved August 19, 1913, amending an Act approved August 13, 1910, and any other Acts concerning the same, so as to secure the collection and disposition of said tax. Automobile license tax. Given under my hand and the Great Seal of the State at the City of Atlanta, this, the twenty-eighth day of September, in the year of Our Lord nineteen hundred and fifteen. Governor. By the Governor. PHILIP COOK, Secretary of State.
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GOVERNOR'S MESSAGE TO THE GENERAL ASSEMBLY
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GOVERNOR'S MESSAGE TO GENERAL ASSEMBLY. EXECUTIVE DEPARTMENT, STATE OF GEORGIA. ATLANTA, November 3, 1915. TO THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: The recent failure of your body to complete the work which was necessary to the proper continuance of the State government has compelled me to call you together in extraordinary session. The proclamation convoking you is herewith laid before you for such attention as you shall deem it your duty to give it under the Constitution and laws of the State. I need not now go into any discussion of the unparalleled circumstances which rendered the calling of this session necessary. I realize the fact that the whole proceeding was brought about through the earnest and settled desire of a majority of your body to take up and consider certain legislation concerning the prohibition of the manufacture and sale of intoxicants in the State of Georgia, which desire a minority of your body prevented you from accomplishing. While the method adopted for compelling an extraordinary session was, I believe, without precedent in the history of our State, in fact was somewhat revolutionary, yet it serves to disclose in a very striking manner the settled determination of a majority of your body that the legislation referred to should be passed on by the General Assembly. I congratulate you on the changed condition of the business affairs of the State since your last meeting. The increase in the price of cotton and other products has served to encourage our people, make money easier and arouse enthusiasm throughout all our business circles. The lessons of the great war are being studied and learned, and the promise is near by that our future progress will become more brilliant than has ever been anticipated by the most optimistic in our midst. You will note that I have seen fit to lay before you the following objects, each of which was deemed by me of sufficient
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importance to make the necessity for such extraordinary session apparent: 1st. The consideration and enactment of the general appropriation bill, with all special and deficiency appropriations deemed proper by your body. 2nd. Prohibition in the broadest sense, so as to enable you to make such additions or changes under the present laws as will in your opinion secure uniform and adequate enforcement of these laws. 3rd. The future disposition of the Western Atlantic Railroad. 4th. The establishment of a State warehouse system. 5th. The protection of the fish, oyster, prawn and shrimp business. 6th. The amendment of the law concerning the automobile license tax. You can well understand that a large number of other matters was called to my attention during the time which elapsed between the adjournment and the call of the special session. Most of these matters were pending in various stages within the two houses at the time of the adjournment. I have not thought it well to throw the doors wide open, because in the extraordinary session none of the technical work done in the consideration of the various measures before the two houses can be utilized, but everything must begin anew. It will not be so at the regular session next year. I have tried to confine you, therefore, to such matters as seemed to me most pressing, and aside from their intrinsic importance, would seemingly arouse as little opposition in their consideration as possible, under the circumstances. As to the first two great matters which I have included, namely, appropriations and prohibition, upon which the two houses have already divided in your deliberations at the recent session, I have hoped that, as most of the members of the General Assembly had made up their minds touching what they desired to do when the measures came up again, there need be no great amount of discussion before a vote can be taken. A useless prolongation of the extraordinary session would arouse much criticism throughout the State.
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APPROPRIATIONS. Upon the attitude of your body towards the departments and institutions of the State, when you come to make appropriations, will depend in a large measure the usefulness and effectiveness of these portions of the government during the term for which you and I were elected. While a large number of these appropriations are fixed as to amount by existing laws, yet the great bulk is left entirely to your discretion, and upon your good judgment as you deal with them must rest the financial ability of these departments and institutions to properly transact the business for which they were established. They work for the State. Our educational and charitable institutions, our penal establishment, as well as our governmental departments, have been brought into existence as necessary instruments of the State government, for the protection, prosperity and advancement of the inhabitants of the Commonwealth. You will decide whether during the two years for which you were elected they shall be enabled to properly perform their recognized and established functions, with that success which shall enable them to keep pace with the growth of the State, or whether they shall be crippled and restricted in their usefulness, and the whole State suffer accordingly. While I know that it is necessary to exercise great caution in making appropriations so as to keep them within the bounds of the revenue raised to meet them, yet I sincerely believe that you, gentlemen of the General Assembly, will agree with me in the conclusion that it is necessary to give our institutions for the protection of persons and property, for the care of those suffering from mental and moral deficiencies, for the education of our children, a sufficient support, not only to maintain their present standards, but to enable them to continue to expand so as to meet the growing needs of the State. I have suggested to you before, that a legislator's duty is best discharged by an effort to spend the revenue of the State judiciously, rather than to be constant in the effort to save the same. It is penny-wise and pound-foolish to cut down an appropriation
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to a worthy institution on the idea that it will save a few dollars for the time being, when such institution is conducted for the purpose of providing care and shelter for the sick and insane, or even for giving educational facilities to the young. The progress lost in this way may never be regained. So I confidently hope that a law-making body like yours, which was willing to precipitate a revolution in parliamentary procedure in order to secure the opportunity to further protect those unfortunates, whose wills are not strong enough to resist the temptation to the excessive use of alcoholic stimulants, will certainly not diminish the amount of financial support heretofore given to institutions established on the one hand for the care of those who are already victims of such misfortune, or on the other for directing, molding, upbuilding and strengthening the characters and habits of the boys and girls who must be exposed to those evils in the future. I call your attention to the work of investigation and research which was done by your committees at the recent session, in the gathering up of facts and statistics to ascertain the real wants of the various departments and institutions of our State, and with confidence, I commit the contents of each of these to the good judgment of the General Assembly. CONTINGENT FUND AND GOVERNOR'S OFFICE FORCE. I have already communicated to you at the regular session, the condition of the contingent fund, together with the difficulties encountered because of the limited appropriation for the Governor's office force. The annual appropriation for the contingent fund, which amounts to $25,000.00, has been forced to meet several extraordinary calls, such as the salary of a messenger in the Executive Department, the salary of a valuation engineer for the Western Atlantic Railroad, employed by my predecessor and continued by me, amounting together, to about $5,000.00, and the expense of the copper mine litigation and other payments, and as a consequence thereof the fund has run very short and will scarcely be sufficient to carry the State through the remaining three months of the year.
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I would be glad if the Legislature would either increase the fund or make special appropriations to cover some or all of the items above mentioned. The employment of a messenger is made necessary by the fact that no appropriation has ever been made to furnish a stenographer to the Governor. He cannot prepare a State paper or answer a letter of one of his constituents without writing in his own hand or borrowing someone to take his dictation. I trust you will find some method in your wisdom to amend this situation. STATE SANITARIUM FOR TUBERCULOSIS. This institution established at Alto in this State has been suffering greatly for the want of funds. At your recent session an advance of $10,000.00 over the former appropriation for each of the years 1916 and 1917 was earnestly urged in behalf of this institution. I call special attention to this matter, because as the State has enlisted in the fight against this wide-spread disease, it will be necessary to increase from year to year the appropriation to this sanitarium, if it be expected that the institution perform even to a limited degree the great purpose for which it was established. GEORGIA SANITARIUM AT MILLEDGEVILLE. This institution is overcrowded and is sadly in need of additional funds. I call attention to the report of its operations and wants recently laid before your body. GEORGIA TRAINING SCHOOL FOR GIRLS. The Georgia Training School for Girls exhausted its funds for maintenance by June 1st of the present year and has been compelled to borrow in order to continue its sessions to this time. It will be necessary in dealing with this institution if you desire to continue its effectiveness to make a special appropriation of some $5,000.00 in order to cover the deficit for 1915. This deficit was brought about by reason of the fact that the appropriation for the school began in the
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middle of the year instead of the first of the year, and consequently no appropriation was made for one-half of a year. DEFICIENCY APPROPRIATIONS. If the General Assembly should determine to include both the regular and deficiency appropriations in the same bill, then I respectfully call your attention to the large deficit existing in the printing fund. This was caused largely by the fact that the bills of the public printing establishment had run over from 1914 to 1915, in which latter year, with the exception of a very small amount, Governor Slaton paid the State printer $10,684.00 out of the appropriation made for the year 1915. This step was justified by the fact that the work was done for use during the fiscal year 1915. The total amount appropriated to the printing fund for 1915 is therefore exhausted and there will be a deficit at the end of the year estimated at some $20,000. This printing fund is under charge of the Secretary of State, the Comptroller-General and the Treasurer, and I am informed has been carefully audited and judiciously expended. It appears that there have been two new departments of the State government created since the General Assembly of 1913 cut down this appropriation from $40,000.00 to $35,000.00 per year. One of the largest items figuring in this deficit is the paying for the reprinting from electrotyped plates of Georgia Reports, which cost about $9,000.00. From this source the State will derive about $13,000.00, but this sum will be returned to the general fund of the Treasury instead of to the printing fund. I earnestly recommend, therefore, that you take this matter up, deal with this deficit, and make such appropriation to cover the same as you shall deem best for the State. DEPARTMENT OF PUBLIC BUILDINGS AND GROUNDS. In the Department of Public Buildings and Grounds there is also an existing deficit which I call to your attention. Several irregularities have been recently discovered in the accounts of the Keeper of Public Buildings and
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Grounds. These accounts have been kept by the assistant keeper, who filled the position of Captain of the Guard. I had an audit made of this department by certified public accountants and we submit to you a copy of the report for your information. This report shows outstanding bills against the State due by this department amounting to $14,210.83. It also discloses a default of $4,421.78, moneys applied to other purposes than for the use of the State. The report has been referred to the Attorney-General with directions to insist upon the Keeper of Public Buildings and Grounds replacing the default aforementioned. Even if this amount is replaced there will still exist a deficit in the funds of the department of $9,789.05. While this is the apparent amount, the real deficit is probably even greater, since it seems that there is only left to the credit of this department funds sufficient to pay the salaries of the necessary employees for the remainder of the year, and afford nothing for the incidentals and supplies required to transact the business of the State at the Capitol. It would be best for the Legislature to make an appropriation sufficient to cover the total deficit and if the money is recovered from the principal keeper, it can be covered directly into the Treasury. MILITARY DEPARTMENT. There is a deficit also in the Military Department. The Adjutant-General reports that the sum immediately necessary to relieve the situation in that department amounts to something like $15,000.00 This sum is made up of the recent riot duty expenses, for which the regular appropriation could not be used, amounting to $5,376.15, which expense has been left unpaid so long that the creditors have almost grown hopeless; also of the charges for caretakers required by the Federal government, upon which the keeping of our field artillery depends, amounting to $5,000.00. Another item is armory rentals yet unpaid, which amounts to over $4,000.00, and which together with a number of other smaller claims make up the sum of $15,000.00. I have already expressed myself as to the duty of improving and increasing the effectiveness of the National
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Guard of this State. I believe the State should co-operate with the National government in securing this result. The men composing the National Guard prepare themselves at their own expense, for the protection of the life, liberty and property of the citizens in time of danger. They pay the expenses out of their own pockets and but for this our State would have no National Guard, and its judicial decrees would be without the ultimate power of enforcement. I believe that a sufficient amount ought to be appropriated annually from the Treasury of this State to pay the expense of the maintenance of drill halls, the necessary servants' hire in connection with these halls and to pay for the men who must be kept on duty at all times in the Adjutant-General's and Quartermaster-General's departments, and in preserving and taking care of the equipment furnished for the troops, in anticipation of service. No nation in the present exigencies of the world's advancement can occupy a high and commanding position unless it possesses trained armies or a citizenship educated to take the place of those in time of war. There was never a time in the history of the world when this fact was more distinctly emphasized, than at present. The Union consists of forty-eight Republics or States, and its armies must be drawn from the rank of the citizens of the several States. The country would be utterly hopeless in time of sudden invasion if these citizens were unable to reinforce the small standing army of the National government. INSURANCE FUND. There is also a deficit in the fire insurance fund if the law of the State which requires the Governor to insure all the property of the State (Code Sections 147 and 148) is to be literally enforced. This deficit it is estimated will reach approximately the sum of $20,000.00. This situation grows out of the fact that the trustees of the eleven A. M. Schools and Industrial School at Savannah have put in a claim to have their buildings insured. As this had never yet been done the question was referred to the Attorney-General, who
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decided that the law referred to was mandatory and that the insurance should be obtained. To do this an additional $20,000.00 will be required to the present appropriation for insurance. I call the Legislature's atfention to the fact that no insurance is being carried on the Capitol building in Atlanta. It has been thought that the guards or watchmen employed in the building both night and day would give sufficient protection. It is a fact, however, that very recently a fire broke out in one of the rooms of the Capitol, by which a considerable amount of property was destroyed, without the guard being advised of the same. OUR EDUCATIONAL INSTITUTIONS. I sincerely hope that the General Assembly will find it possible to appropriate sufficient funds to our educational institutions to enable them to carry on their work with their present high state of efficiency, and if anything to increase, rather than diminish, their activities and usefulness. I am informed that as a whole there is probably a larger attendance at these institutions than ever before, probably with one or two exceptions, due to local causes. UNIVERSITY OF GEORGIA AT ATHENS. The branches of the University of Georgia, located at Athens, have a larger attendance than heretofore. The University proper reports a largely increased attendance; the State Normal School has something like 700 students, the annual enrollment promising to exceed anything they have ever had in the past. The State College of Agriculture shows an enrollment this year of 687, against a total enrollment last year of 541. This work is being carried on by a plant originally designed to care for two hundred men. In addition to the students actually enrolled in the college, they serve something like 25,000 people through an extension service and over 200,000 people who are reached through field and miscellaneous meetings.
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TECHNOLOGICAL SCHOOL. At the Technological School in Atlanta, the apprentice class was abolished this year, and the entrance requirements raised from twelve to fourteen units. In spite of the result produced by this factor, there is an increase of thirty over the same date last year. The net total is now 974, and additional enrollments will probaby run the total up to more than 1,000 for the year. This school has asked for the sum of $100,000.00 for each of the years 1916 and 1917, being an increase of $10,000.00. This increase is wanted to care for and put into use the magnificent power plant for the school, which is being erected and equipped without one dollar of expense to the State. Through the efforts of the alumni of the institution about $80,000.00 has been raised to erect the buildings for this plant, while the great manufacturers of machinery and material in the North have donated all equipment for the building, valuled at $125,000.00. It would seem, therefore, eminently proper for the General Assembly to appropriate the small annual increase that will enable the institution to utilize this magnificent gift, for the boys of the State who are seeking an industrial education. THE STATE NORMAL SCHOOL. The State Normal School has asked for an appropriation of $4,500.00 for the purpose of building an infirmary at that institution. The Elijah Clark Chapter of the Daughters of the American Revolution of Athens has offered to donate $700.00, more or less, to be applied on said infirmary, provided the State of Georgia should increase that amount to at least $5,000.00. This institution reports that it is now using an old servants' house with only sufficient room to care for four patients at a time. A school that is attended by 700 students is likely at any time to have need of accommodations for many more sick than that. No appropriation has ever been made for this purpose to this institution. THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE. The Georgia Normal and Industrial College at Milledgeville is doing a great work that is limited only by the capacity
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of the plant and the financial ability of the school to take care of students. The increase asked for by this institution is much needed and well merited. I would rejoice to see every want of this school met and gratified as I regard it as among the best and greatest of its kind in the Union. THE NORTH GEORGIA AGRICULTURAL COLLEGE AND DISTRICT SCHOOLS. The North Georgia Agricultural College reports that their enrollment is up to capacity, with a very high personnel in the student body. District school reports have been received from the third, fifth, sixth, seventh, ninth and tenth district A. M. Schools, all showing increased attendance, and indicating that increased support from the State will relieve pressing needs and enable them to do better and more widely extended work. All of these schools have been recently established, nearly all of them starting with some degree of indebtedness which has handicapped their work to a great extent. I think that some measure looking to the speedy improvement of these schools will be necessary at an early date. They should be brought closer to the management of the University System of which they are a part, or some agency should be provided in order to secure greater uniformity in the work and a higher degree of efficiency in accomplishment. When this is done a substantial increase ought to be made to the income of these schools, properly apportioned. THE COMMON SCHOOLS. The work of the common schools of the State cannot be too earnestly commended to your attention. In the fight waged against illiteracy and ignorance, these schools form the first line of battle, and a proper extension of their work, with improvement in the conditions surrounding the splendid men and women devoting themselves to the business, should be one of the chief concerns of the Legislature. I wish the condition of the Treasury was such that you could make a material addition to the present fund, but in
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this, and in all other cases, a due regard for the Treasury must not be overlooked. It affords me much pleasure to inform you that under the recent Act passed at the regular session of this year, which authorized the borrowing of enough money to meet the annual deficiency in the common school fund, arrangements have been perfected to secure the relief authorized by said measure. The full amount of the appropriation of $2,550,000 has been tendered to the State at a discount of only three per cent. upon warrants covering the same. This splendid offerflattering alike to the credit as well as the honesty of our Statewas made by the Hon. Joseph A. McCord, Governor of the Regional Bank, located in Atlanta. A like offer was also made upon the same terms by the National Park Bank, of New York, our fiscal agent in that city. The warrants have been signed and are now on the way to the parties at interest. Unless some unlooked for misfortune should occur it will not be necessary hereafter for the State to postpone the payment of the teachers' salaries in the common schools beyond the day on which they become due. This lifts a handicap from our schools, the beneficial effects of which will only be appreciated when the results become known to the people. CONFEDERATE VETERANS. I trust that you will not, in making your appropriations for the coming years, forget the just claims of our Confederate veterans. They stood in the front before many of you were born; few of you can appreciate the suffering incurred, and the hardships through which they passed. I wish the State could take care of them, increase their small pensions as they grow older and smooth the way to the end with the State's beneficence. VICTIMS OF NARCOTICS. As the Federal law which prohibits the sale of opiates and other habit-forming drugs is being strenuously enforced, and as a result a large number of unfortunates addicted to the drug habit is being thrown upon the country,
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many being prosecuted for vagrancy, thus filling up our jails and sanitariums, I think it would be well for the Legislature to take into consideration in making the annual appropriations, the propriety of co-operating with the citizens in providing some place for these unfortunates, until they can be cured and safely allowed to go at large. Several interesting communications have been received in the Executive Offices covering this subject, and I would be glad to have the Legislature inquire into the same, as the trouble is growing larger every day. Some of the courts are sentencing the victims to the State Farm as vagrants, and if this is allowed to go on, will soon fill the farm to overflowing, and make space difficult for the regular convicts of the ordinary type. BOLL WEEVIL. Mr. Worsham, the State Entomologist, has furnished to me a report touching some present needs in the fight now going on against the boll weevil in the State. I regard this as one of the most important matters which the State has to deal with at the present time. The communication of Mr. Worsham is hereby laid before you, and your attention is asked thereto so that you can take such steps to carry into effect his recommendations as you may see fit. FINANCES. The condition of the Treasury at the present time is practically normal. According to report received from the Treasurer on Monday, November 1st, the available balance amounts to some $151,267.36. There will be a steady influx of the taxes from now on, and it has therefore been practicable to make the usual payments to the schools and public institutions, keep up the civil establishment, and reserve a reasonable balance to meet all the exigencies of the situation. I accompany this message with a letter from the Comptroller-General referring to the results of the tax returns for 1915 as compared with those of 1914. There was no very great depreciation in the county returns, owing largely
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to the advantageous application of the Tax Equalization Law. While the tax rate has been raised in a very slight degree, yet it is hoped for the next year, if the present Legislature is as considerate as your predecessors, there may be a reduction in this rate, so that the people may appreciate the value of the law which seeks to equalize all the burdens of this character among those liable to taxation in the State. THE PROHIBITION LAWS. The failure of the General Assembly to pass on the prohibition measures at the summer session brought about the present extraordinary session. It was contended by the majority that the representatives of the people had the right to vote on these matters, and that the use of filibustering tactics to prevent the same was not authorized. I have thought fit, therefore, to include this subject matter in the call, because it seemed to me demanded by the situation itself. The fact that the Legislature would take so extreme a step was an indication of unrest and dissatisfaction throughout the State with the present prohibition laws. After the adjournment of the Legislature on August the eleventh, requests, petitions and memorials, both pro and con, began to reach the Governor's office on the subject of including prohibition in the call for the extraordinary session. The number of those urging the inclusion of the subject in the call far exceeded the number of those who opposed the same. Over two-thirds of the membership of the House, and a large majority of the members of the Senate, joined in the request to include the subject, assuring the Executive that proper laws bearing on the subject would be promptly passed at the extra session, should opportunity be given. In addition large numbers of petitions were received from grand juries, from church organizations, from civic bodies, from called meetings, public officers and thousands of individual citizens from nearly all the business callings and professions of the State. Many poor women connected with no organization made
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their pilgrimages from various parts of the State to the Executive office, saying that they were only drunkards' wives, but wanted to add their voices to those of the other friends of temperance throughout the State in behalf of the enactment of these laws. I believe it is the sentiment of the great majority of the people of Georgia that some measure should be enacted which will facilitate the enforcement of our prohibition laws. Georgia has occupied a very singular position. While classed among the States having prohibition, yet it is unfortunately the fact that the law has been so loosely administered in various parts of the Commonwealth that the position has become a reproach to the prohibition cause. The differences of opinion between the advocates of prohibition and the opponents of the same are so radical that it is doubtful if they could ever be reconciled. Large numbers of our citizens believe that these laws are infringements upon personal liberty. They are, therefore, opposed to them on principle. On the contrary, a still larger number of our people believe that these laws are the surest and best means of aiding the temperance cause among the people, and do not infringe on any vested right of a citizen. They believe that they can be enforced, and if this were done, that the moral, physical and social interests of the State would be greatly improved. While the matter was under consideration, a statement was handed the Executive by one of the advocates of prohibition, setting out the results of the law in a State where it seems to be practically enforced, the State of Kansas. This statement was forwarded by me to the Governor of Kansas, where prohibition has been in operation for thirty-five years, and he writes me that same is correct. It says: A half million young men and women in Kansas over twenty-one years of age have never seen a saloon in that State. There is not a Kansas newspaper which publishes a liquor advertisement. Since Kansas adopted prohibition illiteracy has been reduced to less than two per cent. There is only one pauper in every 3,000 population. Eighty-eight of the hundred and five counties have no insane on
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county farms, fifty-four no feeble-minded on county farms, and ninety-six no inebriates. Thirty-two poor farms have no inmates. Some counties have not called a jury to try a criminal case in ten years. In one Kansas county, there has not been a grand jury called for twenty-five years. It is needless for me to say to the General Assembly that such statements and publications circulated throughout the country arouse the very greatest enthusiasm among the advocates of prohibition, and it is not surprising in many cases these advocates become so strongly convinced that there appears to them to be no other side to the question. The ideal enforcement of the law is always the object to be sought after. Our own State, for the first six months following the adoption of the prohibition law, furnished a shining example. The radical differences of opinion between the advocates of prohibition and the opponents thereof have brought on conflicts at every session of the Legislature for the past five years, and taken up the time of the General Assembly without result or advantage. The valuable time of the legislators has been consumed in an effort to thrash out these questions, concerning which there seems to be no possibility of agreement. I concluded, therefore, in obedience to the demands of the Legislature itself, and of a large majority of the people who communicated with me on the subject, that it would be better to settle the matter at an adjourned session if possible, so that the regular session could be taken up with other constructive legislation. There were three measures presented worthy of consideration at the recent session, but it is not necessary for the Executive in this message to go into the relative merits of any of the measures that were pending. The people demand that more stringent laws should be enacted, so that the benefits of the legislation shall be fully enjoyed by all the inhabitants of the State. The celebrated Webb-Kenyon Act, passed by the National Congress, March 1, 1913, prohibiting the shipment of intoxicating beverages into dry States, and enabling the General Assemblies of
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these States to place restrictions upon shipments for personal use, has never yet been adopted in Georgia. I most earnestly advise the Legislature to put this Act into immediate operation under such terms and restrictions as shall seem best in your judgment. By doing this, the State authorities will have the co-operation of the National government in the prevention of many of the violations of the prohibition law, and this co-operation, without doubt, can be made effective in preventing the shipment for unlawful purposes into the State of the prohibited articles. I think, too, as the sale of liquor in Georgia is not permitted, it would be well to prevent the advertisement of the same, and that this law should go into effect at once. It was also proposed at the regular session to repeal the licensing of near beer, locker clubs and such institutions, which the law has made legal since January 1, 1908. In dealing with this matter, it would be proper for the Legislature to give a fair and reasonable time to those engaged in the business for readjusting their affairs and finding other occupations or lines of business, alike for those who are employed in the occupation as for those who own the plants. It has been customary in all such cases where the business has been licensed by the State to allow such reasonable time for readjustment. Should the time for the law to take effect be fixed at any period between the first and the last of the fiscal year, it will be necessary that authority be given directly in the Act to prorate the license taxes on a basis according to the time in the fiscal year when the business must cease. I have not deemed it necessary to go further into the discussion of the prohibition question. The people of Georgia are trying it out, and I sincerely believe are convinced that if the law can be enforced, it will be of great interest and advantage to the State at large. I agree with them in this belief. The question is fast becoming economic with all the governments of the world. The effect on the race was growing greatbecoming so widespread, so general in its results for evil, that the safety of the people became involvedand statesmen, ethical and philosophical writers thinking men
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everywhere do not hesitate to urge upon States and Legislatures the necessity of attempting to curb the results of intemperance by enacting such measures as shall in every case be suited to the situation. You have before you the condition of our great State. Its mixed population, its growing business interests, its splendid progress in recent times, the demand for economy in living and the necessity to utilize all the strength of its people in pushing it forward on the highway to progress and prosperity are fully within your knowledge. I trust that you will meet the situation without prejudice or partisan feeling, but determine, at all events, that prohibition of the genuine kind shall have a fair trial in Georgia. If it fails, then something else must be resorted to to save the people, but till then, let it have the right-of-way. WESTERN ATLANTIC RAILROAD. Feeling the joint responsibility which devolves upon the General Assembly and the Executive touching the disposition of the Western Atlantic Railroad at the termination of the present lease, I have included this subject among the others submitted to you for action at the present term. While I recognize fully that no final conclusion can be reached concerning this matter, yet I think it important that certain preliminary steps should be taken without further delay to bring about the disposition of the road at the termination of the present lease. The lease expires on December 27, 1919, and the re-leasing of the road will involve the execution of a contract covering several millions of dollars. The road itself is the most valuable single tangible asset that the State of Georgia owns, and plays a large part in upholding the credit of the State, inasmuch as the Constitution provides that it shall be a security for the payment of the entire public debt of the Commonwealth. The present lease brings an income of only $35,001.00 per month. It is believed that after this lease has terminated, the income may be decidedly increased, thus adding materially to the public school fund and to the general assets of the Treasury.
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A number of important facts concerning the road have been brought to the attention of my office since I entered upon its duties. Some of these should be considered by you in passing on the questions which the subject will bring before you. There is now going on an important proceeding instituted by the Interstate Commerce Commission under the Act of Congress, having for its object the valuation of all the railroad property in the United States. The purpose of this valuation is, among other things, to provide a basis for the fixing of interstate rates on the railroads in the future. That Commission has issued some twenty valuation orders with reference to work required to be done by the owners and operators of railroad propertywhich work is intended to assist the Commission in reaching a final valuation. Fifteen of these orders apply to the Western Atlantic road. The actual inventory of the road will begin by the government engineers on or about January 1, 1916a little less than two months off. The Nashville, Chattanooga St. Louis Railway Co., the present lessee, has for some months, acting under instructions of the Interstate Commerce Commission, been attempting to comply with the provisions of this valuation law, especially in so far as it involves the ascertainment of the original cost of the property to date, the cost of reproduction new, and the cost of reproduction less depreciation, in addition to the other elements of value going into the property as a whole. My predecessor, former Governor Slaton, impressed with the importance of the situation to the people, thought fit to appoint a special engineer in behalf of the State, to aid in this valuation and take care of the State's interests therein. The engineer so appointed served from May 1 to September 15, 1915, and upon notice that he would be unable to continue the work, I left the order in force and appointed Mr. J. H. Johnston to fill his place. These special engineers, Messrs. Durham and Johnston, report to me that it will be an exceedingly difficult, if not an utterly impossible, undertaking to ascertain the original cost of the road. They state that none of the books of the road bearing on its construction have been preserved, that
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only about twenty or twenty-five per cent. of the original deeds remain, that the maps, made in pursuance of the authority given in the Act of the Legislature of 1895, are utterly incomplete and filled with many discrepancies. They also inform me that it will be a difficult matter to ascertain the cost of reproduction new owing to the fact that in all probability the terminal properties in Atlanta and Chattanooga, when properly assessed, will prove of really more value than the entire line besides. It will be difficult to determine these values definitely, and to do so approximately will require both time and investigation. The matter of intangible values must also be considered, franchises, custom, facilities for connectionall these things must go into the subject of valuation, and about which, of course, there can be no mathematical exactness. With these conditions urged upon us by our own engineersand with experienced railroad men at variance in their ideas concerning the value of the road, it would seem to follow that the sooner the Legislature takes hold of the matter for final disposition, the better it will be for the interests of all concerned. I trust, therefore, that the Legislature at the present session will find it possible to take the preliminary steps necessary to dispose of the road in a manner most profitable to the State. The lessee is now preparing a complete set of maps of the system, the cost of which will run into thousands. I am informed that the State can secure a copy of these maps by expending about $200.00, if application is made therefor in due season. The experts of the lessee company are already in the field placing estimates and values upon our property. The experts of the government will soon follow them, and a final valuation soon will be reached upon which will depend very largely the leasing value of the property in the future. Judging by the past, it would be best to have some form of commission appointed to take charge of the whole matter. This commission should be required to co-operate with the authorities of the Nashville, Chattanooga St. Louis Railway Company and the government, in the present valuation work. It should be clothed with such authority as the Legislature may deem proper in reference to the obtaining
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and compiling all datathe gathering up of facts and putting the matter in shape for final disposition. The members of the commission, if selected outside the legislative body, should be strong, disinterested railroad and business men of unimpeachable integrity and able to comprehend the situation, and just enough to do what is right in the premises. I would suggest that it would be advisable to have on this commission the present Chairman of the Railroad Commission of the State, whose wide experience, unimpeachable integrity and unfailing devotion to his State, eminently qualify him to represent her in the leasing of her property. Provision should be made for the necessary expenses of the commission, and for the suitable and adequate compensation of the members selected from the State at large. I recommend, if such commission is created, that there be embodied in the Act full authority to secure bids for a specified minimum or maximum term of years at a rental to be specified by the bidder. I am not decided whether it would be best to include the minimum rental in the Act. I believe it would be better for the State to make a long-term lease, and it ought to be the duty of the commission to look into this, and if a long-term lease is agreed upon, let it be understood that the lessee company will expend the necessary funds for double tracking the road, abolishing the curves, and making other improvements, impossible under a short-term lease. It should be distinctly provided that all such improvements revert to the State at the expiration of the lease. I think the question of reimbursing the counties through which the road runs for expense of courts should be considered by the commission, and relief given to the counties aforesaid, inasmuch as no taxes can be levied upon the property. The commission should also ascertain whether any portion of the terminal property at either end of the road can be efficiently disposed of without materially decreasing the rental value of the whole. I would recommend that this commission report to the regular term of the General Assembly in June, 1916. Many considerations concur in bringing about a belief on
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the part of the Executive that the present is the best and most opportune time to consider the matter of re-leasing the road at a figure that will be just to the State and secure its highest interests for the future. I have outlined my ideas of the powers with which the commission should be clothed merely as suggestions to your body, for I know you have investigated the subject carefully at the recent term and it seems to me you should be able to reach a conclusion at an early date without any great discussion or difference of opinion concerning the same. STATE WAREHOUSE SYSTEM. I am convinced that the time has arrived when some proper legislation is needed to authorize a more adequate warehouse system for our farm products. The following is the result which should be sought: First. The removal from our cotton producers of the necessity of marketing their crop as fast as gathered. Second. The giving of encouragement to those planting and harvesting other crops than cotton so that the farmers of the State may raise a necessary food supply, with a reasonable expectation of having a steady market, and the ability to handle such products on as good terms as they can handle cotton. The details of this proposed legislation have been studied by many members of the General Assembly, and I have thought it worth while to include it in the call for the extraordinary session. I recognize the fact that there will be differences of opinion as to what is the best method of handling the situation, but I have no hesitation in calling on the Legislature to examine carefully into the matter and see if some remedy cannot be applied to meet the present unsatisfactory situation. Cotton has always been Georgia's foremost money crop, and it will, beyond every doubt, continue to be so for many years to come. This great staple, first planted in Georgia in Seventeen Hundred and Thirty-four, has grown in importance until today it turns into our coffers annually approximately two hundred millions of dollars.
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The process of cultivating the crop has been improved. The process of separating the lint from the seed has undergone a vast change. The process of manufacturing the raw lint into the finished product has undergone a change still more phenomenal; and yet today, we have practically about the same mode of marketing our crop as was in vogue a half century ago. It is an undisputed fact that no system devised by man can be deemed to be perfect. It stands to reason, therefore, that our present antiquated system can be improved, and it remains for you gentlemen, as representatives of your people, to say whether these improvements are to be made under State supervision. It will be a glorious day for Georgia when her sturdy sons, the very backbone of the State, upon whom we all depend for our sustenance and wealth, can know that their warehouse receipts mean ready cash without a forced sale. The banks, in the time of need, have the notes of the merchants to secure them; the merchants have the notes of the farmers as collateral; the farmer has no security to offer and, consequently, is perhaps forced to throw his crop upon the market at a ruinous price. We find upon every hand, the great crying need of today is for better credit facilities for the farmers, that they may go forward, feed and clothe the world, and enrich themselves by their industry. Should we adopt a warehouse system and make it possible for the farmer to secure a reduced interest rate on his products, I am told that this would probably form a valuable aid to our rural credits system, to which this General Assembly has pledged itself. The small farmer who has no land would certainly be benefitted, and the large farmer who has much land would have an additional advantage added to the rural credit system we are earnestly hoping to obtain. The interest of the farmer has been the football of politics for a long time. I believe the end has come, and that the people do not desire more of this. The law should provide that all warehouses of the State should be eligible to qualify under the rules provided for securing the end in question, and if this can be done without
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unnecessary expense or hardship we will not be troubled with the fear of concentrating the cotton crop in certain localities, rather than handling it at the point of production. I have included the matter in the present call, because it was represented to me that it was an emergency measure, that it would be necessary to have some law enacted if it was expected to get the system in operation by time of the marketing of the crop in 1916. If the legislation can be carefully drawn, guarded at all points, made not too cumbrous or complicated it seems to me that it would eventually prove to be one of the most beneficial pieces of constructive legislation enacted in many years. I have always contended that the people of the South can raise cotton better than any other people on earth. Their lands are also fitted for grain and food-stuff. If the two crops could be developed together by the farmers, our prosperity would soon attain to the highest possible point of perfection. It would be easy to diversify the crops of Georgia if the storing and marketing facilities of other States were afforded. I have been thus careful in calling this matter to your attention, because I am persuaded that it will not be an easy task to so adjust the legislation to meet the precise wants of the farmer, banker and warehouseman. Unless there is unanimity as to the form of the legislation touching the subject when you begin its consideration, and unless you feel assured that you can at this time enact a measure that will be satisfactory to the people, and accomplish the desired results, then I suggest that you refer the whole matter to a committee to be appointed from the two houses, who shall report their conclusions to the next session of the Legislature, with the appropriate, proposed legislation accompanying same. PROTECTION OF FISH, OYSTERS, SHRIMP AND PRAWN. Section 612, Volume 2, of the Code of Georgia of 1910, makes it a misdemeanor to catch or take any fish with seine, net, gig or spear, or like device from any of the
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waters of this State, between the first day of February and the first day of July in each year, except with hook and line. While shrimp and prawn are classed as fish, it might well be held that this section was not intended to apply to them as they are not susceptible of being caught with hook and line. As the process of catching them in nets, however, involves the catching of quite a large number of scale fish which are undoubtedly covered by the section, a technical violation of the law must necessarily result from the use of nets in order to take shrimp or prawn. A large industry in the taking and shipping of these fish has grown up within the past few years in the coast counties of the State. I am informed that these industries support some 10,000 people at this time and are rapidly growing. I am also informed that a closed season for fish or prawn from May first to August first of each year would give abundant protection to almost every species of fish including shrimp and prawn, during the entire spawning period. The time of greatest activity for the taking of shrimp and prawn seems to be from January first to May first and the strict enforcement of the Code section above referred to would entail great hardship upon the people engaged in this industry, without corresponding benefit to the natural fish supply. I commend to your consideration the bill that was introduced in the Senate at the summer session, which passed that body by an almost unanimous vote, and which not only changes the closed season in accordance with the above statement, but provides for the preservation of our natural resources in fish and oysters, affording a revenue that will meet the necessary expense for carrying out these provisions and furnishing a surplus for the school fund of the State. The measure referred to was originally prepared by experts on the subject from the coast counties of Georgia and from the Bureau of Fisheries at Washington, who had before them the experience of other States in these matters. I am informed that this bill is satisfactory to the parties concerned and I bespeak for this measure your careful consideration, not only for the benefit of the people interested in the industries themselves, but for the good of the State
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at large in the conservation of a valuable source of food supply, and in the production of additional revenue for the Treasury. AUTOMOBILE LICENSE TAX. The State Automobile License Tax authorized under the Act approved August 19, 1913, amending an Act approved August 13, 1910, is now being attacked in the courts on the ground of unconstitutionality. The charge made is that the tax is a revenue measure, and that inasmuch as the State already taxes the automobile ad valorem, it cannot levy another tax in the guise of a license or specific tax. The Act came up in the Superior Court of Chatham County, Judge Charlton presiding, and the learned judge, after holding the law unconstitutional on the ground aforesaid, went on to discuss the validity on other grounds, stating that in his opinion, the method of distribution pursued was unfair to the counties. It is the subject of litigation in other forums, and the case is now pending in the Supreme Court that will doubtless settle the question of constitutionality. I have included the question as one of the objects in the extraordinary call, because of the possibility of the court's contention being sustained, which result would cause the loss of approximately $120,000.00 in the revenue of the State. If the law is declared unconstitutional, it would also put an end to an important and necessary regulation on the part of the State in regard to these vehicles. It will be noticed that there is no provision made for the enforcing of this tax, the good faith of the taxpayer being largely concerned in the matter. I respectfully suggest to the General Assembly the advisability of investigating the subject, and of making such amendments to the law as would meet the contention of those who claim the tax to be invalid. This, as I understand, can be done so as to sustain the present tax levy. The fund is now divided among the several counties in proportion to the road mileage of those counties. It has been suggested that it would be well to direct the money
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to be paid into the Treasury as a special fund to be applied to the road work of the counties, either by a Highway Commission to be hereafter established, or by some commission including the Treasurer and the Secretary of State. I commend the whole question to you for consideration, and trust that in your wisdom you will be able to devise some method by which the tax can be saved to the State. CONCLUSION. I have gone into the matters set forth in this message, not with a view of arousing any kind of antagonism, or challenging controversy. The crisis is an important one and the cost of the extra session to the people will be determined by the value of the work. One measure might compensate for all the expense of the session. I appeal to the patriotism of your body, and trust that no useless expense will be incurred, and no time thrown away in getting down to an immediate consideration of the measures submitted to you for the session's work. The people of the State will stand ready to give credit for the course that has been taken, if you bring the session to an early adjournment; you will thereby save from expense and mortification the constituents who sent you to transact their business in this great forum and keep your State on the pedestal which her greatness entitles her to occupy. Respectfully submitted, Governor.
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STATUTES OF GEORGIA PASSED BY THE EXTRAORDINARY SESSION OF 1915 PART IPUBLIC LAWS TITLES PART IPUBLIC LAWS PART IIRESOLUTIONS
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TITLE I.APPROPRIATIONS TITLE II.MISCELLANEOUS
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TITLE I. APPROPRIATIONS. ACTS. General Expenses of the Government. Capitol and Executive Mansion; Repairs, Etc. Georgia Experiment Station; Maintenance, Etc. State Normal School; for Infirmary. Georgia Training School for Girls; Maintenance, Etc. Agricultural and Mechanical Schools; Maintenance. GENERAL EXPENSES OF THE GOVERNMENT. No. 8. An Act to make appropriations for the ordinary expenses of the Executive, Legislative, and Judicial Departments of the government; for the payment of the public debt with interest thereon; to pay pensions; to provide for the support of the public institutions and educational interests of the State, for each of the fiscal years of 1916 and 1917, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority
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of the same, That the following sums of money be and the same are hereby appropriated on account of and for the support of the Executive Department of the State government, for each of the fiscal years 1916 and 1917, to the persons and for the purposes respectively hereinafter mentioned and set forth to-wit.: Appropriations for two fiscal years. For the salary of the Governor, five thousand dollars. Salaries of Governor and other officers. For the salary of the Secretary of State, two thousand dollars. For the salary of the State Treasurer, two thousand dollars. For the salary of the Comptroller-General, two thousand dollars. For the salary of the Attorney-General, three thousand dollars. For the salary of the Commissioner of Commerce and Labor, twenty-four hundred dollars. For the salary of Assistant Commissioner of Commerce and Labor, eighteen hundred dollars. For the salaries of the secretaries and clerks of the Executive Department, six thousand dollars. For the salary of the messenger of the Governor, nine hundred and fifty dollars. For the salary of the clerk of the Secretary of State, one thousand dollars. For the salary of the clerk of the State Treasurer, one thousand six hundred dollars. For the salary of the chief clerk in the Comptroller-General's office, eighteen hundred dollars. For the Insurance Clerk in the office of Comptroller-General, eighteen hundred dollars, six hundred of which shall be paid out of insurance fees, as provided in Section 248 of Code. For clerk in the Wild Land Department, one thousand dollars.
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INSURANCE DEPARTMENT. For salary of the Insurance Commissioner the sum of three thousand dollars. Insurance Department. For salary of Deputy Insurance Commissioner, the sum of three thousand dollars. For salary of Insurance Clerk the sum of fifteen hundred dollars, as provided by the Insurance Act of 1912. For the salary of the clerk of the Attorney-General, the sum of eighteen hundred dollars. Other salaries. For salary of the stenographer of the State Bank Examiner, the sum of twenty-four hundred dollars. For salary of bookkeeper of the State Bank Examiner, twenty-four hundred dollars. For salary of stenographer of the Commissioner of Commerce and Labor, fifteen hundred dollars. For a contingent fund for the Department of Commerce and Labor, the sum of eighteen hundred dollars, or so much thereof as may be necessary, to be expended as provided in the Act approved August 18, 1913. Contingent fund. For the contingent fund to be expended by the Governor according to law, the sum of twenty-five thousand dollars, or so much thereof as may be needed. Contingent fund. For salary State Tax Commissioner, twenty-five hundred dollars. Other salaries. For salary clerk State Tax Commissioner, fifteen hundred dollars. For salary stenographer State Tax Commissioner, one thousand dollars. Provided that the salaries of the Governor and the secretaries and clerks of the Executive Department shall be due and payable monthly at the end of each calendar month, and that the salary of the Governor shall begin with the day of his inauguration, and any fraction of a month at the beginning of his term shall be paid for at the monthly rate, notwithstanding any law or custom or regulation of the departments to the contrary. Monthly payments to Governor and clerks. Provided, further, that the expenses of the Governor incurred in the business of the State shall be paid on itemized
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statements signed by him, and he shall draw his warrant on the Treasury for the same. SEC. 2. Be it further enacted by the authority aforesaid, That the following sums of money be and the same are hereby appropriated on account of and for the support of the Judicial Department of the State government, for each of the fiscal years 1916 and 1917: For the salaries of the Judges of the Supreme Court, each, four thousand dollars. Judicial Department salaries and contingent funds. For the salaries of the Judges of the Court of Appeals, each, four thousand dollars. For the salaries of the Judges of the Superior Court, each, three thousand dollars. For the salaries of the Solicitors-General, each, two hundred and fifty dollars; for the salaries of the Supreme Court stenographers, each, one thousand five hundred dollars; for the salaries of the Supreme Court reporters, each, two thousand dollars; for the salary of the sheriff of the Supreme Court, one thousand dollars; for the salaries of the Court of Appeals reporters, each, one thousand dollars; for the salaries of the Court of Appeals stenographers, each, fifteen hundred dollars; for the salary of the sheriff of the Court of Appeals, one thousand dollars; to pay the fees of the Solicitors-General in criminal cases before the Supreme Court, such amounts as may be due them under the fee bill provided by law; to pay the clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum allowed by law for compensation of the clerk, an amount equal to the difference between the amount due said clerk and said costs, as provided by Section 6126 of the Code of 1910; to pay the clerk of the Court of Appeals his salary, if the costs in the Court of Appeals do not amount to the sum allowed by law for the compensation of said clerk, an amount equal to the difference of the amount due said clerk and said costs, as provided by law; for the contingent fund of the Supreme Court, to pay for necessary printing, stationery, record books, binding the opinions of the court, hiring a
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porter, etc., the sum of twelve hundred dollars, or so much thereof as may be needed; to pay the clerk of the Court of Appeals the costs due him in pauper criminal cases returned to said court, such a sum as shall be reported by said clerk to the Governor under the seal of said court before receiving compensation therefor, as provided by law; for the contingent fund of the Court of Appeals to pay for the necessary printing, stationery, record books, binding the opinions of the court, hiring a porter, etc., the sum of one thousand dollars, or so much thereof as may be needed. SEC. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are hereby appropriated for and on account of the Legislative Department of the State government, for each of the fiscal years 1916 and 1917, to the persons and for the purposes hereinafter mentioned, to-wit.: Legislative Department, compensation and expenses. For compensation of the President of the Senate and Speaker of the House of Representatives, the sum of seven dollars per diem each, during the sessions of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practical route in going to and returning from the Capital. For compensation of the members of the General Assembly, four dollars per diem each, and mileage at the rate of ten cents per mile by the nearest practical route in going to and returning from the Capital. For compensation of the Secretary of the Senate the sum of sixty dollars per diem, out of which he shall pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives as provided by the Act of October 8, 1879. For compensation of the Doorkeeper of the Senate and the Doorkeeper of the House of Representatives and Messenger
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of the Senate and Messenger of the House of Representatives, four dollars per diem each, and the same mileage as allowed the members of the General Assembly. For compensation of the Postmistress of the House of Representatives for the sessions of 1916 and 1917, four dollars per diem, and the same mileage as is allowed members of the General Assembly. For compensation of the Gallerykeeper of the Senate and one for the House of Representatives, for the sessions of 1916 and 1917, four dollars per diem each; for one Assistant Doorkeeper for the floor of the Senate (also assistant to Messenger), for the sessions of 1916 and 1917, four dollars per diem. For compensation of two Assistant Doorkeepers for the Senate and five for the House of Representatives, for the sessions of 1916 and 1917, four dollars per diem each. For compensation of the Chaplain of the Senate and for the Chaplain of the House of Representatives, for the sessions of 1916 and 1917, four dollars per diem each. For compensation of four porters for the Senate and eight for the House of Representatives for the sessions of 1916 and 1917, two dollars per diem each. For compensation of the head porter of the Senate and head porter of the House of Representatives for the sessions of 1916 and 1917, the sum of three dollars per diem each. For compensation of five pages to the Senate, to be appointed by the President of the Senate, and six pages for the House of Representatives, and one additional special page for the Speaker of the House, and one special page for the Postmistress, to be appointed by the Speaker, two dollars per diem each for the sessions of 1916 and 1917; provided, that no page be appointed for less than twenty-five days. For compensation of one elevator operator to be appointed by the Keeper of Public Buildings for the years 1916 and 1917, the sum of fifty dollars per month. For compensation of one attendant each for the toilet rooms of the Senate and House of Representatives, to be
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appointed by the Secretary of the Senate and Clerk of the House of Representatives, two dollars per diem each, during the sessions of 1916 and 1917. For compensation of the several committeemen of the Senate and House of Representatives, visiting by appointment the various public institutions of the State, the sum of five thousand dollars or so much thereof as may be needed, to be paid only upon itemized accounts showing the actual necessary expenses paid in cash by each committeeman making such visits, and in no case to exceed the actual amount expended. To pay the incidental expenses of the General Assembly, to be paid on itemized accounts, accompanied by properly receipted vouchers for the payments made and presented to the Governor by the Secretary of Senate and Clerk of the House of Representatives, seventy-five dollars for the House of Representatives and fifty dollars for the Senate, or so much thereof respectively as may be needed; provided, that the sum of two hundred and eighty and 35-100 dollars be appropriated for compensation and expenses for the payment of the expenses of the committees from the Senate that investigated the old Soldiers' Home in vacation, and is hereby made immediately available. To pay the accounts for the purchase of stationery furnished to the General Assembly, seven hundred dollars, or so much thereof as may be necessary, to be paid on itemized account supported by properly receipted vouchers and presented to the Governor before warrants are drawn therefor. To pay for indexing the Journal of the Senate and the Journal of the House of Representatives, each, seventy-five dollars to be paid to the Journal Clerks of the Senate and House of Representatives, respectively, upon completion of the work. To pay for the binding of Journals of the Senate and House of Representatives, as provided by the Acts of 1899, the sum of five hundred and fifty dollars, or so much thereof as may be needed.
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SEC. 4. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are hereby appropriated for and on account of the hereinafter designated public institutions of the State, for each of the fiscal years 1916 and 1917, to-wit.: Public institutions. For the support and maintenance of the Academy for the Blind and for the salaries of its officers and attaches the sum of $30,000.00 for each of the years 1916 and 1917, or so much thereof as may be needed. In addition, there is also appropriated the sum of $2,000.00 to said institution for the purchase of typewriters and dormitory equipment for the year 1916. The Governor shall require of the superintendent of the Academy an itemized monthly statement of all expenditures, which statement shall be submitted to the Board of Trustees and approved by it. Academy for the Blind. For the support and maintenance of the Georgia School for the Deaf and for the pay of its officers and attaches, the sum of $50,000.00, or so much thereof as may be needed. The Governor shall require of the superintendent of the school an itemized monthly statement of all expenditures, which statement shall be submitted to the Board of Trustees and approved by it. School for the Deaf. For the support and maintenance of the Georgia State Sanitarium and for the salaries of its officers and attaches, including twenty-five hundred dollars each year for the salary of the resident physician, the sum of $625,000.00 for the year 1916 and the sum of $650,000.00 for the year 1917, or so much thereof as may be needed, to be expended only when directed by the Board of Trustees. The Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of the said sanitarium. The Governor shall require the superintendent and the resident physician to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees. The ordinary repairs to the building and property of the sanitarium shall be paid for from this appropriation at such times and in such
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amounts as may be approved by the Board of Trustees in regular session. Sanitarium. For the salaries of the trustees of the Georgia State Sanitarium, the sum of $150.00 each and their actual railroad expenses in going and returning from the sanitarium as provided by law, shall be paid out of the above appropriation. Salaries of trustees. For the support and maintenance of the Soldiers' Home of Georgia and for the pay of its officers and attaches under the Act approved December 19, 1900, the sum of $36,000.00, or so much thereof as may be needed. The Governor shall pay said sum to the treasurer of the said home in monthly installments; shall require of said treasurer an itemized monthly statement of all expenditures, and of the superintendent of the home an itemized statement of all goods received during the past month at said home, both of which statements shall be submitted and approved by the Board of Trustees. Soldiers' Home. For the support and maintenance of Georgia State Sanitarium, for the treatment of consumptive patients located at Alto, the sum of $30,000.00 for the year 1916, and the sum of $30,000.00 for the year 1917, or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees. The Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of said sanitarium, requiring the trustees and other persons in charge of the management of said institution to make an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees; provided, that no person shall be admitted free to this home, as beneficiaries of the State fund who are able to provide treatment for themselves. Said trustees shall make a detailed report annually to the Governor and General Assembly, as is required of other State institutions. Consumptives at Alto. SEC. 5. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated for and on account of the following
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public institutions of the State, for the salaries of the State School Superintendent's office and for the common schools of the State, for each of the fiscal years 1916 and 1917, to-wit.: For the State University at Athens, for the support and maintenance of the same, the sum of $60,000.00, to be expended under the direction of the Board of Trustees. University of Georgia. For the University of Georgia for the payment of the interest on what is known as the Land Script Fund, the sum of $6,314.14. For payment of the annual interest on the debt due by the State to the University of Georgia, $8,000.00. Interest. For the University of Georgia for the maintenance of the summer school at Athens for the white teachers of the State, as provided by the Act of December 22, 1898, the sum of $7,500.00. Summer school. To pay the trustees of the State University, as provided by the Act of 1899, the sum of four dollars per diem each for expenses of the meeting of the Board of Trustees, and actual railroad fares to be paid to and from the place of meeting; said sums to be paid out of the foregoing appropriation for the support and maintenance of the State University at Athens. Trustees' expenses. For the University of Georgia, for the support and maintenance of the School of Technology at Atlanta, the sum of $100,000.00. The report required of the chairman of the local Board of Trustees to be made to the Governor shall be submitted to the General Assembly at the opening of the session thereof. Before the appropriation herein made is available, it shall be the duty of the local Board of Trustees to establish a rule allowing free tuition to only fifteen students from any one county in the State, and fixing the tuition to be paid by those in excess of this number from any such county. School of Technology. For the University of Georgia, for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville, the sum of $67,500.00. The chairman of the Board of Trustees shall report annually to the General Assembly the number of pay pupils, tuition charged, and an itemized statement of all receipts and expenditures. Normal and Industrial College.
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For the University of Georgia, for the support and maintenance of the North Georgia Agricultural College at Dahlonega, the sum of $26,500.00; provided, that under no pretext whatever, whether as tuition or matriculation fee, shall such college charge exceeding ten dollars per annum or five dollars per term for each pupil, and any charge in excess of such sums shall work a forfeiture of this appropriation. The chairman of the Board of Trustees shall report annually to the General Assembly the number of pupils, teachers, salaries paid teachers, from whom and how much is collected as tuition fees, and an itemized statement of all receipts and expenditures; provided, further, that no part of this appropriation shall be used to pay salaries to any member of the Board of Trustees of said college for his service as said trustee or otherwise, and if this provision is violated it shall work a forfeiture of said appropriation. North Georgia Agricultural College. For the University of Georgia, for the support and maintenance of the State Normal School at Athens, the sum of $57,500.00; provided, the chairman of the Board of Trustees shall report annually to the General Assembly the names and number of persons attending said school, and from whom and how much is collected in tuition fees, the names and number of teachers, the salaries paid each, and an itemized statement of all receipts and expenditures. State Normal School. To the trustees of the University of Georgia, for the support and maintenance of the State College of Agriculture at Athens, is hereby appropriated the sum of $127,674.00 for the fiscal year 1916 and $148,650.00 for the fiscal year 1917; provided, that $60,000.00 of said amount shall be used each of said years for the maintenance of the State College of Agriculture; $40,000.00 for extension work now in progress, and which is conducted in co-operation with the United States Department of Agriculture; $2,500.00 annually to be used for holding field meetings and farmers' institutes; the balance, amounting to $25,174 for the fiscal year 1916 and $46,150 for the fiscal year 1917, shall be used to meet the Federal appropriation available to Georgia under the terms and provisions of the Act of Congress approved
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May 8th, 1914. The Federal fiscal year being from July 1st to July 1st, the funds herein appropriated, to meet the provisions of the Act of Congress approved May 8th, 1914, shall be available as follows: in equal monthly payments from July 1st, 1915, except that five monthly payments will be payable December 1st, 1915. The chairman of the Board of Trustees shall report annually to the General Assembly an itemized statement of all receipts and expenditures and a detailed statement of the affairs of said college. State College of Agriculture. For the University of Georgia, for the support and maintenance of the South Georgia Normal College at Valdosta, the sum of $25,000.00, said sum so appropriated to be expended under the direction of the Board of Trustees of said college. The chairman of the Board of Trustees shall report annually to the General Assembly an itemized statement of all receipts and expenditures, and detailed statements of the affairs of said college. South Georgia Normal College. For the University of Georgia, for the support and maintenance of the school for colored people at Savannah, under the Act approved December 19th, 1900, the sum of eight thousand dollars. The chairman of the Board of Trustees shall report annually the names, number and residence of the persons attending said school, from whom and how much received in tuition fees, the names and number of teachers, and the salaries paid each, and an itemized statement of all receipts and expenditures. School for colored people. For the University of Georgia, for the support and maintenance of the State Medical College at Augusta, the sum of $30,000.00; said amount so appropriated shall be used exclusively for maintenance and extension work, to be expended under direction of the Board of Trustees of said college. The chairman of the Board of Trustees shall report annually to the General Assembly an itemized statement of all receipts and expenditures, and a detailed statement of the affairs of said college. State Medical College. For the University of Georgia, for the support and maintenance of the Agricultural and Mechanical Schools established in pursuance of the Act approved August 18th,
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1906, the sum of ten thousand dollars ($10,000) each from the sources therein provided; provided, that no part of this appropriation shall be used to pay the salaries of any member of the Board of Trustees of any Agricultural College of this State for services as trustees or otherwise, except the usual per diem compensation allowed by law, together with their actual necessary expenses while going to and returning from their places of meeting. Agricultural and Mechanical Schools. For the salary of the State Superintendent of Schools, the sum of two thousand dollars. Salaries of superintendent and clerk. For the salary of the clerk of the State Superintendent of Schools, the sum of twelve hundred dollars. For the support and maintenance of the common schools of the State, the sum of $2,700,000.00 for each of the years 1916 and 1917; said sum including poll tax, one-half the rental of the Western Atlantic Railroad, show taxes, dividends from Georgia Railroad stocks, and funds realized from the taxation of dogs, and other funds set aside by law, to the common school fund, which shall be kept separate from all other funds by the State Treasurer, and be paid out only upon warrants of the Governor for common schools. Common schools; maintenance fund. SEC. 6. Be it further enacted by the authority aforesaid, That the following sums of money be and the same are hereby appropriated to pay the recognized valid debts of the State, as follows, to-wit.: one hundred thousand dollars on bonds maturing January 1st, 1916, and one hundred thousand dollars on bonds maturing January 1st, 1917, to be paid out of the sinking fund. Public debts. To pay the interest on the recognized valid debts of the State maturing in 1916, the sum of $252,187.50. To pay the interest on the recognized valid debt of the State maturing in 1917, the sum of $248,187.50, or as much thereof as may be necessary; provided, that if this amount shall be found to be inadequate, then the Governor is authorized to draw his warrant on the Treasury for whatever amount may be actually needed to pay the accrued interest on such
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bonds as fall due in 1917; which necessary amount may be taken from any funds available. Interest. SEC. 7. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated to and for the following departments of the State Government, for each of the fiscal years 1916 and 1917, to-wit.: THE DEPARTMENT OF AGRICULTURE. For the salary of the Commissioner of Agriculture, three thousand dollars. Agricultural Department. Salaries of Commissioner and other officers. For the salary of the clerk of the Commissioner of Agriculture, eighteen hundred dollars. For the salary of the Chief Oil Inspector, eighteen hundred dollars and necessary traveling expenses as allowed by the Code of 1910, Section 1814. For the salary of the Chemist of the Agriculture Department the sum of three thousand dollars, as provided in Paragraph 1557 of the Code of 1895. For the salaries of two assistant chemists, as provided in the Act of 1891, the sum of one thousand dollars each. For replenishing chemicals and apparatus used by the State Chemist and his assistants, the sum of one thousand dollars, or as much thereof as may be needed, and the further sum of twelve thousand, five hundred ($12,500) dollars, or so much thereof as may be necessary, for additional assistants, maintenance of laboratories, purchase of chemicals, and all other necessary expenses in connection with the analysis of fertilizers and feed stuffs. Expenses and maintenance. For the maintenance of the Department of Agriculture the sum of ten thousand dollars, as provided by Paragraph 2084 of the Code of 1910; and to said department, the further sum of five thousand ($5,000) dollars to be expended as provided in Acts of 1914, page twelve. Also, the further sum of ten thousand dollars for the purpose of carrying out the provisions of the pure food and drug Act of Georgia, approved August 21st, 1906, same to be audited by Commissioner of Agriculture. For the salary of the State Veterinarian, the sum of twenty-five hundred dollars, and actual expenses while
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traveling in the service of the State in the regular discharge of his duty, same to be audited by the Commissioner of Agriculture. Veterinarian. Also, five thousand dollars for the purpose of carrying out the provisions of the Act of 1909, relating to the protection of the live stock of the State of Georgia from contagious and infectious diseases, and for cattle tick eradication, vouchers for the same to be audited by the Commissioner of Agriculture. Live stock protection from diseases, etc. Also, the further sum of twenty-five thousand ($25,000) dollars for each of the years 1916 and 1917 is hereby appropriated out of any funds in the Treasury not otherwise appropriated, for the purpose of exterminating the cattle tick and developing the live stock industry of the State of Georgia, as provided by the Act approved August 17, 1914. And further, the sum of six thousand dollars for the investigation of reported outbreaks of hog cholera, field investigation, sanitary control of the infected districts, and for the purchase and distribution of serum under the direct supervision of the State Veterinarian, as provided by the Act approved August 17th, 1914. The Commissioner of Agriculture shall annually furnish to the General Assembly a detailed itemized statement of the expenditure of the funds appropriated in the foregoing paragraphs for the extermination of the cattle tick and developing the live stock industry, and for the sale and distribution of hog-cholera serum, and for the investigation and control of infested districts. And the sum of two thousand dollars, or so much thereof as may be necessary, out of the funds arising from the sale of fertilizer tags, is hereby appropriated to the Department of Agriculture for the purchase of chemicals and for the equipment and maintenance of a laboratory for growing nitrogen setting bacteria for leguminous crops, as provided in the Act of 1914, page 14. FOR THE DEPARTMENT OF HORTICULTURE AND ENTOMOLOGY. For the salary of the State Entomologist the sum of three thousand dollars.
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For the employment of the Assistant Entomologist, whose compensation shall be fixed by the State Board of Entomology, for the payment of traveling expenses, equipment and maintenance of a laboratory, publication of bulletins and other reports, for defraying all other expenses in carrying out the provisions of the Act of December 21st, 1900, creating and establishing the department, and the Acts amendatory thereof, the sum of twenty thousand dollars, or so much thereof as may be necessary. Entomology Department. Salaries and expenses. For work which the board is conducting on the eradication of wilt or black root of cotton, nematode or root rust, experimental work on the development and perfection of types of cotton to be grown in spite of boll weevil, and work on other seriously injurious insects and diseases affecting the cotton and other plants, the sum of $30,000. FOR THE GEOLOGICAL DEPARTMENT. For the maintenance of the Geological Department of the State of Georgia and for printing reports of said department, the sum of twelve thousand and five hundred dollars, or so much thereof as may be needed, provided that the State Geologist shall require the acting chemist of the department to assay any ores and analyze any specimens of clay, kaolin, cement or other geological specimens that may be sent by any citizens of the State with a view to ascertaining the commercial value of such ores, clay, kaolin, cement or other specimens. The State Geologist shall furnish any citizen a statement giving the result of such assay for analysis. Geological Department. Maintenance, etc. FOR THE PRISON DEPARTMENT. For the salaries of the Prison Commissioners, each, two thousand dollars. Prison Department. Salaries and maintenance. For the salary of the clerk of the Prison Commission the sum of eighteen hundred dollars. For the support and maintenance of the Prison Department, the sum of $105,000.00 for the year 1916 and $100,000 for the year 1917, or so much thereof as may be needed; itemized statement of which shall be furnished the Governor at the time requisitions are made on this appropriation. This amount shall be for the support of the Prison Commission, including the Prison Farm and Reformatory for
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youthful criminals. The proceeds of the sale of all the farm products shall be turned into the State Treasury. For the maintenance and support of the Georgia Training School for Girls, for each of the years 1916 and 1917, the sum of $15,000.00, to be paid out only upon itemized statements furnished by the management to the Governor at the time requisition for the same is made. Training School for Girls. FOR THE RAILROAD COMMISSION. For the chairman of the Railroad Commission, four thousand dollars. Railroad Commission. Salaries and expenses. For the salaries of the remaining Railroad Commissioners, each, twenty-five hundred dollars. For the salary or salaries of one or more rate experts, four thousand dollars. For the salary of special attorney to the Railroad Commission, twenty-five hundred dollars. For the salary of the secretary to the Railroad Commission, two thousand dollars. For the salary of the stenographer of the Railroad Commission, twelve hundred dollars. For the printing fund of the Railroad Commission, the sum of two thousand dollars, or so much thereof as may be needed to pay for such printing and advertising and publishing as the Commission may deem necessary and required by law. For the contingent expense funds of the Railroad Commission, the sum of three thousand dollars, or so much thereof as may be necessary, to be paid out of the Treasury on the order of the Governor. FOR THE DEPARTMENT OF PENSIONS. For the salary of the Pension Commissioner, the sum of three thousand dollars. Pensions. Salaries and maintenance. For clerical help in the Pension Department, the sum of twenty-four hundred dollars. For the payment of pensions to maimed and disabled Confederate soldiers, as provided by law, the sum of sixty-five thousand dollars ($65,000.00), or so much thereof as may be needed, for 1916 and fifty-five thousand dollars
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($55,000.00), or so much thereof as may be needed, for the year 1917. For the payment of pensions to aged and indigent Confederate soldiers, as provided by the Acts of 1894, the sum of three hundred and thirty-five thousand dollars ($335,000), or so much thereof as may be needed, for 1916, and three hundred and ten thousand dollars ($310,000), or so much thereof as may be needed, for the year 1917. For the payment of pensions to the widows of the ex-Confederate soldiers, who are indigent and by reason of age and poverty, infirmity and poverty, or blindness and poverty, are unable to provide for themselves, the sum of one hundred and twenty-five thousand dollars ($125,000), or so much thereof as may be needed, as provided in the Acts of December 19th, 1900, for the year 1916, and the sum of one hundred and ten thousand ($110,000) dollars, or so much thereof as may be needed, for the year 1917. For the payment of pensions to the widows of such Confederate soldiers as may have died in the service or since from wounds received therein or disease contracted in the service of the Confederate States, the sum of seventy-five thousand ($75,000) dollars, or so much thereof as may be needed, for the year 1916, and the sum of seventy thousand ($70,000) dollars, or so much thereof as may be needed, for the year 1917. For the payment of the pensions to ex-Confederate soldiers and to the widows of ex-Confederate soldiers (married prior to the first day of January, 1870), not worth over fifteen hundred dollars, as provided by the Act approved July 8th, 1910, the sum of three hundred and seventy-five thousand ($375,000) dollars, or so much thereof as may be needed, for the year 1916, and the sum of three hundred and thirty thousand ($330,000) dollars, or so much thereof as may be needed, for the year 1917. Should there be a surplus in the Treasury of money appropriated under this Act to pay a particular class of pensioners and in another class the appropriation is insufficient, the Treasurer is authorized and directed hereby
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to transfer the surplus fund to that class where the appropriation has proven insufficient. After paying all claims of pensioners, if there still shall be a surplus of funds appropriated for pensioners for either of said years, the same shall by the Treasurer be transferred to the general fund on July 1st of each such years. FOR THE STATE LIBRARY. For the salary of the State Librarian, the sum of eighteen hundred dollars. State Library. Salaries. For the salary of the Assistant State Librarian, the sum of twelve hundred dollars. For the State Library, to be expended by the Librarian, in employing an additional assistant, one thousand dollars. For the Legislative Reference Department of the State Library, the sum of twelve hundred dollars, to be expended as provided in the Acts of 1914, page 157. For the State Library, for the purchasing of books, etc., and for such articles and supplies as may be needed by the Supreme Court in the conduct of its business, for which provision is not elsewhere made, and books and supplies for the Attorney-General's office, the sum of four thousand dollars, or so much thereof as may be needed, to be expended as the Judges of the Supreme Court may direct. Book fund, Supreme Court. For the State Library, for printing new volumes of the Supreme Court and Court of Appeals Reports, the sum of ten thousand dollars, or so much thereof as may be needed. Reports of decisions, printing fund. For the State Library, for the purchase of such books and supplies as may be needed by the Court of Appeals, in the conduct of its business, for which provision is not elsewhere made, the sum of one thousand dollars, to be expended as the Court of Appeals may direct. Book fund; Court of Appeals. For the reprinting of the earlier Georgia Reports where the copyrights on same have expired, such sum as may be needed, to be paid for only out of the funds received into the State Treasury during the years 1916 and 1917 from the sales of Georgia Reports, the State Code and Acts. Reprinting Georgia Reports. For compiling and publishing, under the direction of the Governor, the Colonial, Revolutionary and Confederate
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Records of Georgia, and records for intermediate periods, such sum as may be needed to pay the contract price for such work and publishing, to be paid for out of the money received into the State Treasury during the years 1916 and 1917 from the sales of Georgia Reports, Codes and Acts, and Colonial, Revolutionary and Confederate Records. Colonial, Revolutionary, and Confederate, Records. FOR THE STATE BOARD OF HEALTH. For the salary of the secretary of the State Board of Health, the sum of two thousand dollars. Board of Health. Salaries and expenses. For the salary of the clerk and stenographer of the State Board of Health, the sum of one thousand dollars. For traveling expenses and per diem of the members of the State Board of Health, for the laboratory, bacteriological work, yellow-fever work, the dissemination of information concerning smallpox, typhoid fever, hookworm diseases, tuberculosis and other infectious diseases, and the examination of water from towns and cities of the State; for the furnishing of vaccine points, and other information improving the public health, for the manufacture and transportation of both attenuated virus, for treating and preventing rabies and hydrophobia, and for the manufacture and distribution of diphtheria antitoxin, both of which shall be supplied, when necessary, free of charge, to the people of Georgia, the sum of twenty-seven thousand five hundred dollars ($27,500.00), or so much thereof as may be needed; provided, that not exceeding one thousand dollars of said sum shall be expended for all traveling expenses, and to be paid only on itemized accounts to be approved by the chairman of the board; and provided further that said board shall submit through its chairman to the Governor itemized accounts of all expenditures; and the further sum of ten thousand dollars, or so much thereof as may be needed, is hereby appropriated to said State Board of Health to be used at the discretion of the Governor and under his direction in the treatment of pauper habituers of narcotic drugs. FOR THE MILITARY DEPARTMENT. For the military fund of the State, for necessary expenses in maintaining the
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militia forces of the State of Georgia the sum of thirty thousand dollars ($30,000.00), or so much thereof as may be needed, to be expended for the purpose of organizing, arming and equipping, clothing, drilling and training the National Guard of Georgia, for paying said troops when in actual service, for encampments of said troops, for riot or other military services, for the payment of armory rents, and for the administration of military departments of the State, including necessary clerical assistants, under the direction of the Governor. Military Fund. Maintenances. For the military fund of the State, for the payment of expenses of said troops when serving on riot duty, under orders of the Governor, and for no other purpose, the sum of five thousand dollars ($5,000.00), or so much thereof as may be necessary. No portion of said fund shall be drawn from the Treasury until needed for expenses incurred in the manner aforesaid; and any portion of said fund not used in the manner aforesaid shall revert to the general funds of the Treasury. Expenses of riot duty. SEC. 8. Be it further enacted by the authority aforesaid, That the following sums of money be and they are hereby appropriated, for each of the fiscal years 1916 and 1917, for the following purposes necessary for the support of the State Government, to-wit.: For the payment of the actual expenses of the directors of the Georgia Experiment Station, to be paid only upon presentation to the Governor of properly certified vouchers, the sum of eight hundred dollars, or so much thereof as may be necessary. Georgia Experiment Station directors. For ordinary repairs of public buildings; to purchase coal, wood, lights, furniture for the executive mansion and the various departments of the State Government, to pay the hire of a stenographer for the Governor, engineers, guards, watchmen, servants at the mansion and such porters for the various departments as the Governor may employ, and for general expenses incident to the keeping in proper condition the public buildings and grounds, and to hire such other labor as may be necessary the sum of
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$35,000.00; $5,000.00 of said sum, or so much thereof as is needed, to be used only for purpose of paying for audit of State departments and institutions in accordance with resolution of House and Senate. Out of this appropriation, the sum of eighteen hundred dollars per annum shall be paid to the Keeper of Public Buildings and Grounds, as his salary, and also out of this appropriation the sum of fifteen hundred dollars ($1,500.00), or so much thereof as may be necessary, which sum shall be expended by the Secretary of State in providing additional furniture, filing cases, and other equipment for the office of the Secretary of State, for the proper classification, filing and preserving of the maps and public records of said office, and for postage and incidental expenses not otherwise provided for. Out of this appropriation, the sum of fifteen hundred dollars for each of the years 1916 and 1917, to be expended in providing additional filing space for the clerk of the Supreme Court, in the same way as has been done for the clerk's office of the Court of Appeals. $150.00 of said fund, or so much as needed, to be immediately available for the use of the Governor in paying Georgia's share of the cost of holding an annual conference of the governors of the different States. The Governor shall require itemized accounts of all payments out of this fund before drawing warrants therefor. Public buildings; repairs, and various other matters. For the general printing fund the sum of thirty-five thousand ($35,000) dollars, or so much thereof as may be needed. The Governor shall require itemized accounts of all payments out of this fund before drawing warrants therefor. Printing fund. For insurance on public buildings, the sum of seventy-five thousand dollars ($75,000), or so much thereof as may be necessary, to be paid out when the present insurance expires. Insurance. For the reward fund, for the payment of rewards earned for the arrest of fugitives from justice, after executive proclamations offering such rewards, the sum of three thousand dollars ($3,000.00), or so much thereof as may be needed. Reward fund.
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To continue the work of the Roster Commission in their compiling of the Confederate Roster Rolls, the sum of four thousand dollars ($4,000.00). Roster of Confederates. SEC. 9. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned when said appropriations are to be made to persons or for particular objects, the same shall be paid from the funds arising from the sources now provided by law. Payable from specified funds. SEC. 10. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act for the salaries of the various State-house officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased directly or indirectly by payments of additional funds from the contingent funds or any other funds to such officers, their clerks or any other person, by way of extra compensation, or for extra service, or for extra assistance rendered to such officers in any department of said government; and should extra service or assistance become necessary to said officers in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various Statehouse officers, and for the clerical expenses of the said office; nor shall any money be paid from any fund to any officer or person as a salary or otherwise unless the same is authorized by law, audited by the Comptroller-General, and the money duly appropriated therefor. No increase of salaries or expenses for extra service, etc. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 30, 1915.
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CAPITOL AND EXECUTIVE MANSION; REPAIRS, ETC. No. 7. An Act to appropriate the sum of $14,210.83 to supply deficiencies in the funds appropriated for the maintenance of and repairs to the Capitol and Mansion and the grounds thereof, the hire of employees of the Department of the Keeper of Public Buildings and Grounds, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of fourteen thousand; two hundred and ten and eighty-three hundredths ($14,210.83) dollars be and the same is hereby appropriated for work actually done and supplies actually furnished for the State Capitol and Executive Mansion, according to the audit of certified public accountants employed by the Governor, of the accounts of the Keeper of Public Buildings and Grounds, or so much thereof as may be necessary for the purposes aforesaid. Said sum to be paid on the warrants of the Governor upon satisfactory showing to him of the correctness of the accounts submitted. Work and supplies furnished, payment for. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 27, 1915. GEORGIA EXPERIMENT STATION; MAINTENANCE, ETC. No. 10. An Act to appropriate two thousand five hundred ($2,500.00) dollars to the Georgia Experiment Station, to keep
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up the buildings and grounds, also to meet the expenses connected with the holding of four meetings of the Board of Directors, and for traveling expenses in connection with extending the service of the station to the different sections of the State. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That two thousand five hundred ($2,500.00) dollars be appropriated to the Georgia Experiment Station, to be used for the purpose of keeping in repair the dwelling-houses, barns, laboratories, offices, and grounds and streets; also to be used in connection with investigations to be conducted in different parts of the State. Repair and investigation fund. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 29, 1915. STATE NORMAL SCHOOL; FOR INFIRMARY. No. 5. An Act to appropriate to the trustees of the University of Georgia, for the use of the State Normal School at Athens, the sum of four thousand five hundred dollars for the purpose of building an infirmary on the campus of the said Normal School. SECTION 1. Whereas the State Normal School is without adequate facilities for properly taking care of its sick students, no appropriation ever having been made by the General Assembly for such purpose; and Preamble. Whereas the Elijah Clarke Chapter of the Daughters of the American Revolution of Athens has given to the said State Normal School the sum of $700.00, more or less, to be
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applied to such an infirmary, provided the State should increase that amount to at least $5,000; therefore, Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of four thousand five hundred dollars be and the same is hereby appropriated to the trustees of the University of Georgia for the use of the State Normal School for the purpose aforesaidthat is, for the building on the campus of the State Normal School an infirmary or hospital for the proper treatment of its sick students. Infirmary building. SEC. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 26, 1915. GEORGIA TRAINING SCHOOL FOR GIRLS; MAINTENANCE AND HEATING PLANT. No. 11. An Act to make provision and to appropriate the sum of $9,000.00 for the purpose of maintenance to the Georgia Training School for Girls for a period of June 1st to December 31st, 1915, and to appropriate the sum of $1,600.00 to install a heating plant for said institution, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That on the approval of this Act there is and shall be appropriated the sum of $9,000.00 to the Georgia Training School for Girls as a maintenance fund covering a period of June 1st, 1915, to December 31st, 1915, and the further sum of $1,600.00 is hereby appropriated to the said institution for the purpose of installing a heating plant. Maintenance and heating.
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SEC. 2. Be it further enacted, That the sums herein specified as herein appropriated are to be paid over to said institution out of funds in the Treasury not otherwise appropriated, upon the warrant drawn by the Governor in favor of the officers of said institution. Approved November 30, 1915. AGRICULTURAL AND MECHANICAL SCHOOLS; MAINTENANCE. No. 13. An Act to provide additional funds for the better maintenance, support and equipment of the Agricultural and Mechanical Schools, established in pursuance of the Act approved August 8th, 1906, providing for the establishment of such schools in the then congressional districts of this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, in addition to the revenues now provided by law for the Agricultural and Mechanical Schools established in the then several congressional districts, under the Act approved August 8th, 1906, there is hereby appropriated to the Agricultural and Mechanical Schools such a sum as will equal the entire net fees received from the inspection of fertilizers, oils, and all other inspection fees received by the Department of Agriculture in this State, over the amounts appropriated for the expense of such inspection, and after any portions of said fund raised by said fees, otherwise appropriated, have been deducted, and the sum hereby appropriated is to be equally divided, as far as practicable, between such schools; provided, however, that the provisions of this Act shall become inoperative for any
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sum in excess of fifteen thousand ($15,000) dollars for each of said schools for any one year. Increase of appropriation. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. I approve the bill as merely increasing the appropriations for the support and maintenance of the Agricultural Colleges of this State from $10,000, as fixed in the general appropriation bill, to $15,000, for each of said schools per annum. There may be some confusion in the words employed, as an increase of $15,000, in addition to the $10,000 heretofore appropriated; yet the qualifying clause in the body of the Act shows clearly and conclusively that the Legislature intended only to appropriate $15,000 for each of said schools, the language being: Provided, however, that the provisions of this Act shall become inoperative for any sum in excess of $15,000 for each of said schools for any one year. I approve the bill, therefore, as increasing the appropriation to the amount of $5,000 for each of the schools per annum, on the conditions set forth, payments to begin with the fees of 1916. Executive Office, N. E. HARRIS, Governor. November 30th, 1915.
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TITLE II. MISCELLANEOUS. ACTS. Fish, Oysters, Etc.; Propagation and Protection. Intoxicants; Repeal of Laws Taxing Substitutes for. Intoxicating Liquors; Prohibiting Manufacture, Sale, Keeping, Etc. Intoxicating Liquors; Prohibiting Delivery, Reception, Keeping, Etc. Intoxicating Liquors; Suppression of Advertising, Etc. Motor Vehicles; Regulation and Taxation. Western and Atlantic Railroad; Leasing and Disposition. FISH, OYSTERS, ETC.; PROPAGATION AND PROTECTION. No. 6. An Act for the protection and propagation of fish, shrimp, prawn, oysters, turtles, terrapins and other crustaceans in this State, providing how the same may be taken and caught from the salt waters of this State; providing for a license for the taking and catching of the same, the appointment of special inspectors to enforce the provisions of this Act, prescribing their duties; and to provide penalties for a violation of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all of the beds of all salt waters, bays, rivers, estuaries and shores of the sea, and the waters overlying the same,
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within this State and not already conveyed by special grant or compact according to law, shall continue and remain the property of the State of Georgia, and, subject to the special provisions of this Act, may be used in common by the people of this State for the purpose of fishing, taking and catching oysters, shrimp, prawn, turtles, terrapins, and other shellfish; and no grant shall hereafter be issued by the county authorities in any county in this State to pass any estate, title, or interest of the State in or to any natural oysterbed, rock or shoal, whether the said bed, rock or shoal shall be bare or not, except in compliance with the provisions of this Act. Property of the State, to be used in common. No county grant but in compliance herewith. SEC. 2. Be it further enacted by the authority aforesaid, That after the passage of this Act, so far as the authority of the said State shall extend, oysters, clams, and other fish, crabs, shrimp, prawn, turtles, and terrapins and other crustaceans, found in the salt waters of this State, suitable for food, shall be considered fish; and it shall be the duty of the Department of Game and Fish as established by the Act of August 21st, 1911, to enforce the laws of the State of Georgia for the protection of the same. Fish, what to be considered as. SEC. 3. Be it further enacted by the authority aforesaid, That after the passage of this Act the said Game and Fish Commissioner shall have authority to employ not exceeding three inspectors to carry into effect the provisions of the laws of this State for the protection of game and fish; said inspectors shall receive salaries not exceeding one hundred ($100.00) dollars per month, as may be ordered by the Commissioner. They shall take oath and give bond in the sum of one thousand ($1,00.00) dollars for the faithful performance of their duties. These inspectors shall have authority to carry out the provisions of this Act and to arrest persons violating the provisions thereof or any of the laws of said State covering the protection of game and fish. Inspectors to be employed. Salaries. Oath and bond. SEC. 4. Be it further enacted by the authority afore said, That the State Game and Fish Commissioner shall
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have authority to purchase or lease launches for the use of the inspectors while in active service of the department and for carrying out the provisions of this Act. Said State Game and Fish Commissioner is hereby empowered and directed to employ such other help as he may deem necessary, in carrying out the provisions of this Act, and the other laws of the State for the protection of game and fish; compensation for such service to be paid out of funds derived for the protection of game and fish. Launches, purchase or lease of. SEC. 5. Be it further enacted, That all boats and vessels engaged in taking oysters for purposes of sale from any of the beds in this State, whether the same be private or public beds, shall, before beginning operation, first secure a license from the said Commissioner of Game and Fish, and for this purpose the owner, captain, or agent of said vessel must present in writing an application setting forth the name and description of said vessel, the name and post-office address of the owner and captain, the number of the crew, and such further data as the Commissioner shall deem necessary; and thereupon said Commissioner shall register said vessel and issue necessary license, upon payment of the cost thereof. All license shall be graduated according to the oyster-carrying capacity of each boat or vessel, and shall be as follows: A license tax of one dollar per ton or fraction of a ton is hereby levied on each such vessel or boat of five tons or over, net register. On all other such boats propelled by sail or power a license tax of five dollars for each boat is hereby levied; and on all such skiffs, batteaux, and other boats not propelled by sail or power, a license tax of three dollars is hereby levied. License shall be issued by the Commissioner on blanks provided for that purpose. The owner of any such vessel desiring to catch or take oysters under the provisions of this Act shall first obtain from the Commissioner of Game and Fish a license for said boat; said license shall have effect for twelve months from the first day of the month in which it is issued, and no vessels shall be used for catching and fishing for oysters in the waters of this State, unless so
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licensed. Each license shall state the name of the applicant, the name of the vessel; and the license, under the provisions of this Act, shall not be used except upon vessel so mentioned in said license. Said Commissioner shall have the right to use and expend the moneys received, under the provisions of this Act, for carrying out the provisions of the Act so far as such expenditure may be necessary, and the residue, if any, shall from time to time be paid into the Treasury of the State, to be applied as other surplus funds in the Game and Fish Department under existing laws. Licenses to be procured for boats, etc., taking fish. Regulation of licenses. Effective twelve months. Limited. Moneys, how used. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, except owners and their authorized agents and employees, to take, catch, or tong oysters from any private or public beds of this State between sunset and sunrise. Any person violating the provisions of this section shall be guilty of a misdemeanor. Night-taking of oysters, penal. SEC. 7. Be it further enacted by the authority aforesaid, That from and after the passage of this Act it shall be unlawful to take or catch any fish, within the definition of that term as in this Act expressed, from any of the salt waters of this State, by the use of any device whatever, between the first day of May and the first day of August of each year. Provided, that the foregoing penal provision shall not be construed to prohibit the taking, by any person, of such fish, with a cast-net or hook and line, nor shall it apply to or prohibit the use of hand-drawn seines not more than thirty feet in length, when used in catching prawn and shrimp for bait or other fish to be sold in local retail trade by the persons taking the same, or to be used for the personal consumption of the fisherman. Nor shall the same apply to the taking of crabs. Closed season for salt-water fish. Not applied to what. SEC. 8. It shall be unlawful for any person to catch or take any of the above mentioned fish for commercial purposes, from the salt waters of this State, within the time above mentioned, otherwise, without first obtaining a license from the Commissioner of Game and Fish as hereinafter
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provided. Any person desiring to catch or take any such fish from the salt waters of this State, except in the manner as aforesaid, shall first obtain from the Commissioner of Game and Fish a license therefor; said license shall have effect for twelve months from the first day of the month in which it is issued. The fee for such license shall be one dollar per ton or fraction of a ton on each boat or vessel of five tons net register. On all boats propelled by sail or power, the same being under five tons net register, a license tax of five dollars for each such boat is hereby levied; and on all such skiffs, batteaux, and other boats not propelled by sail or power, a license tax of three dollars on all such boats is hereby levied. License required for commercial purposes. Time effective. Fees. SEC. 9. Be it further enacted by the authority aforesaid, That if any person not a citizen of this State shall take or catch any oysters, fish, shrimp, prawn, turtle, terrapin or other crustacean from the salt waters of this State in any manner whatsoever, for the purpose of selling, he shall be guilty of a misdemeanor. Non-residents, penal acts by. SEC. 10. Be it further enacted by the authority aforesaid, That the expense of salaries of the inspectors, or any other expense, authorized to be incurred, shall be paid out of the fund arising from the operation of the game and fish laws of this State, and that any residue, if any, shall be turned into the State Treasury from time to time, to be applied as other surplus funds in the game and fish department under existing laws. The Commissioner of Game and Fish shall have authority to provide such rules and regulations as may be needful in carrying into effect the game and fish laws of this State, provided that same be not inconsistent with the laws of this State. The robbing or breaking up of turtle and of terrapin nests, or the destroying of the eggs of the same, or the turning over of turtles and allowing them to remain so turned, is forbidden; and any person guilty of the same shall be punished as for a misdemeanor. Expenses and salaries, how paid. Rules and regulations as to game and fish laws.
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SEC. 11. Be it further enacted by the authority aforesaid, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor. Penalty. SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, and all laws prohibiting the taking of salt-water fish at any other season of the year than as herein expressed, be and the same are hereby repealed. Approved November 27, 1915. INTOXICANTS; REPEAL OF LAWS TAXING SUBSTITUTES FOR. No. 1. An Act to repeal all laws and parts of laws of the State of Georgia, which prescribe, or authorize taxes upon the manufacture, sale and storage and distribution of substitutes for intoxicants; to repeal the law that fixes and authorizes a tax on lockers kept by clubs, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act of the General Assembly of Georgia, approved September 5th, 1908, Georgia Laws of 1908, pages 1112 to 1115, and now embodied in the Civil Code of Georgia of 1910, Sections 1763 to 1770, inclusive, and which provides for the levy and collection of certain taxes on manufacturers and dealers in substitutes for intoxicants, directing how the funds thus raised shall be applied, and fixing certain penalties for the violations of the provisions of said Act, be and the same is hereby repealed, to become effective May 1st, 1916. Act of 1908 repealed. When effective.
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SEC. 2. Be it further enacted by the authority aforesaid, That Section 7, of the General Tax Act of 1909, approved August 16th, 1909, which prescribes a license tax for manufacturers, wholesale dealers and retailers of imitations and substitutes for intoxicating liquors, and which is now embodied in Sections 982, 983 and 984 of the Civil Code of Georgia of 1910, be and the same is hereby repealed, to become effective May 1st, 1916. Act of 1909, Sec. 7, repealed. When effective. SEC. 3. Be it further enacted by the authority aforesaid, That Paragraph 17, Section 2 of the General Tax Act, approved August 16, 1909, now embraced in Section 933, Civil Code of 1910, prescribing a license tax on social or fraternal clubs or organizations having lockers connected therewith, be and the same is hereby repealed, to become effective May 1st, 1916, and all taxes levied and license issued under the present laws shall be prorated and be for one-third of a year. Act of 1909, Sec. 2, Par. 17, repealed. When effective. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 17, 1915. INTOXICATING LIQUORS; PROHIBITING MANUFACTURE, SALE, KEEPING, ETC. No. 3. An Act to make clearer and more certain the laws of Georgia heretofore enacted for prohibiting the manufacture of alcoholic, spirituous, vinous and intoxicating liquors and beverages, traffic therein, and the keeping on hand thereof in public places or for illegal sale, and particularly the Act approved August 6, 1907, commonly called the Prohibition Law; to prevent evasions and violations
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thereof; to remove misconceptions as to the meaning and intent thereof, and to make the enforcement thereof more speedy, certain and effective; which purposes are herein to be accomplished by more specifically defining and enumerating the liquors and beverages, and classes of liquors and beverages, that are or shall be hereafter construed as embraced within the prohibition of this Act or of said former laws, and the manufacture of which, traffic or dealing in which, and keeping of which on hand, are now, or from now shall be, prohibited in this State; by more specifically enumerating the persons and classes of persons to whom, and the places or classes of places in which, such manufacture, traffic and keeping on hand are, or hereafter shall be, prohibited; by prohibiting the State or any of its counties or municipalities to license the sale, dealing in, or furnishing of any such liquors or beverages, or any imitation of or substitute therefor; by repealing all laws authorizing any such licensing; by entirely forbidding the keeping or maintaining, or the aiding in the keeping or maintaining of any place of resort where such liquors or beverages are kept to be drunk on the premises by persons resorting there for that purpose, or any club room or other place where such liquors or beverages are received or kept for barter, sale, use or gift as a beverage, or for the distribution or division among the members, or any club or room for or of any association where such liquors or beverages are kept for the purpose of being consumed by the members thereof or their guests or other persons, either on the premises or near the same, or any place adjacent to or near any such premises where such members or others may resort for such purposes; by declaring to be common nuisances certain enumerated
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places and classes of places where said laws are evaded or violated, and to provide for their abatement as such; by prohibiting the keeping or storage of such prohibited liquors or beverages for another; by prescribing, for judges, grand juries and other public officers, certain duties looking to the better and more effective enforcement of said laws; and by abolishing all property rights in said liquors and in certain enumerated classes of physical objects when kept or used for the purpose of violating said laws; by providing for abatements, injunctions, quo warrantos to forfeit corporate charters, and other remedial proceedings when necessary or appropriate to carry out or enforce this or said former laws, or in aid of said prohibitions; by prescribing rules of evidence relative to judicial proceedings in said matters; by making other necessary and incidental rules ancillary to the principal objects of the law, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. That the term Prohibited Liquors and Beverages, whether used in this Act or in any other Acts to promote temperance or to suppress the evils of intemperance, shall include and be deemed to embrace the following: (1) Alcohol, alcoholic liquors, spirituous liquors and all mixed liquors, any part of which is spirituous, foreign or domestic spirits, or rectified or distilled spirits; absinthe, whiskey, brandy, rum and gin; (2) vinous liquors and beverages; (3) all malted, fermented or brewed liquors of any name or description, manufactured from malt, wholly or in part, such as beer, larger beer, near-beer, porter and ale and all brewed or fermented liquors and beverages in which maltose is a substantial ingredient, whether alcoholic or not or whether intoxicating or not; (4) and any drinks, liquors or beverages containing one-half of one per cent of
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alcohol or more by volume at 60 degrees Fahrenheit; or any other liquids or liquors manufactured or sold, or otherwise disposed of, for beverage purposes, containing said amount of one-half of one per cent of alcohol or more; (5) any intoxicating bitters or beverages by whatever name called; (6) all liquors and beverages or drinks made in imitation of or intended as a substitute for beer, ale, wine or whiskey, or other alcoholic or spirituous, vinous, or malt liquors, including those liquors and beverages commonly known and called near-beer. Definition of prohibited liquors, what embraced in. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, firm, association of persons or corporation, within the limits of this State to manufacture, sell, offer for sale, keep for sale, barter, furnish at public places, keep on hand at a place of business or at or in any social, fraternal or locker club, or otherwise dispose of any of the prohibited liquors and beverages described in Section 1 of this Act, or any of them, in any quantity; 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. Prohibited acts specified. Social serving in private residences not affected. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the taking effect of this Act it shall not be lawful or authorized for the State or any county or municipality therein, to license within this State, the sale, dealing in, or furnishing of any of said prohibited liquors or beverages, including imitations of or substitutes therefor. Licenses not lawful after April 30, 1916. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, firm, association of persons or corporation, directly or indirectly, to keep or maintain or in any manner aid or abet in keeping or maintaining, any of the following places, which are hereby declared to be unlawful drinking places and common nuisances: (1) Any place or resort where the liquors or beverages mentioned in Section 1 of this Act, or any of
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them, are kept to be drunk upon or about the premises by persons resorting there for that purpose; (2) any club, room or other place in which are received or kept for the purpose of barter or sale, or use, or gift as a beverage, or for distribution or division among or to be furnished to or used by members of any club or association of persons by any means whatever the prohibited liquors and beverages, or any of them, referred to in Section 1 of this Act; (3) any club room or room for or of any association of persons in which said liquors or beverages, or any of them, are kept or stored for the purpose of being drunk or consumed by the members of such club or other association of persons, or their guests or others on the premises, or at or near the place where such liquors or beverages, or any of them, are kept or stored; (4) any place adjacent to or near the premises of any club, corporation or association or other combination of persons to which members or their guests, or others, by the permission of members, resort for the purpose of drinking the said liquors and beverages, or any of them, that are kept at or near such places. Any of the places herein designated if kept and maintained shall be and constitute an unlawful drinking place, and the act of keeping and maintaining any such room or place shall be deemed a separate offense for each day that it continues. Any place or room kept or maintained in violation of the provisions of this section shall be deemed to be a common nuisance and may be abated by writ of injunction issued out of the superior court upon a bill filed by the State Attorney-General or the solicitor-general of the circuit, or by any citizen or citizens of such county, such bill to be filed in the county in which the nuisance exists. And all rules of evidence and the practice and procedure that pertain to proceedings in equity generally in this State may be invoked and applied in any injunction procedure hereunder. Any chartered club or incorporated association of persons under the law of Georgia that is guilty of violating any of the provisions of this section, or maintains or keeps any such place as hereinbefore described, shall forfeit its charter, and such forfeiture may be declared by proceedings in
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quo warranto against the club or incorporated association in a court of competent jurisdiction in the county where the unlawful act is committed. Drinking places defined and declared common nuisances. Injunction to abate nuisance. Rules of evidence and practice Charter forfeiture. SEC. 5. Be it further enacted by the authority aforesaid, That if any person shall let or suffer any other person, persons, firm or corporation to use any premises which he owns or controls, for the illegal sale, keeping for sale, manufacture or other unlawful disposition of the liquors and beverages mentioned in Section 1 of this Act, or any of them, he shall be guilty of a misdemeanor. Penalty for allowing use of premises. SEC. 6. Be it further enacted by the authority aforesaid, That the unlawful manufacture, sale or keeping for sale or disposition of any of the liquors and beverages mentioned in Section 1 of this Act, contrary to the law of the State, shall, at the option of the landlord, work a forfeiture of the rights of any lessee or tenant under any lease or contract for rent of the premises where such unlawful act is performed by the lessee or tenant, or by any agent, servant, clerk or employee of the lessee or tenant with the latter's knowledge or permission. Forfeiture of rights of lessee or tenant. SEC. 7. Be it further enacted by the authority aforesaid, That the keeping of the liquors or beverages, or any of them, mentioned in Section 1 of this Act, in any building not exclusively used for a dwelling, shall be prima facie evidence that they are kept for sale or with intent to dispose of same contrary to the law. Keeping prima facie evidence of intent. SEC. 8. Be it further enacted by the authority aforesaid, That the delivery of such liquors and beverages mentioned in Section 1 of this Act, or any of them, from any store, shop, warehouse, boat or other vessel or vehicle of any kind, or from any shanty or tent, or building or place used for the purpose of traffic, or any dwelling house or dependency thereof, if any part of the same is used as a public eating house, grocery store or other place of common resort, shall be prima facie evidence of a sale or other unlawful disposition. Delivery of prima facie evidence of unlawful disposition.
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SEC. 9. Be it further enacted by the authority aforesaid, That the following are hereby declared to be common nuisances and may be abated as such upon complaint of the State Attorney-General, or the solicitor-general of the circuit, or any citizen or citizens of the county: (1) Any rooms or structures used for the unlawful manufacture, sale, keeping for sale or other unlawful disposition, of the liquors and beverages mentioned in Section 1 of this Act, or any of them; (2) all houses, shops or places where the said liquors and beverages, or any of them, are sold, bartered, kept for sale or otherwise disposed of, to be drunk on or near the premises or where such liquors or beverages, or any of them, are kept for the purpose of sale or other unlawful disposition thereof; (3) all places of resort where persons are permitted to resort for the purpose of drinking such liquors or beverages, or any of them, mentioned in Section 1, on or about the premises; (4) any public eating place where the said liquors and beverages, or any of them, mentioned in Section 1 are sold or served for beverage purposes. Common nuisances, places defined as. SEC. 10. Be it further enacted by the authority aforesaid, That in any trial in any of the courts of the State to abate or enjoin any common nuisance as defined by this statute, or in any prosecution of any person or persons or corporations for any violation of this Act, any application for the internal revenue special tax receipt of the United States, as required by Section 3239 of the revised statutes of the United States, or any internal revenue special tax receipt as required by said section of said revised United States statutes for retail or wholesale of spirituous, malt or intoxicating liquors in the State of Georgia, shall be made, and the same is hereby made, prima facie evidence of guilt, and shall be sufficient to charge the onus or burden of proof on the defendant in any such cases, providing that nothing in this Act shall apply to regularly licensed retail or wholesale druggists, who under the Prohibition Act of August 6, 1907, are allowed to sell alcohol, and provided that this Act is supplemental to and shall not repeal any
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provisions of the Act approved August 21, 1911, Number 272, relating to evidence in cases for violation of the prohibition law. U. S. Internal Revenue receipt evidence of guilt. Burden of proof. Act of 1911 not repealed. SEC. 11. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, firm or association or corporation to receive for storage, distribution or on consignment for another, the said liquors and beverages mentioned in Section 1 of this Act, or any of them, or to have and maintain any warehouse or other place for the receiving, storing or disposition of said liquors for another, and any person violating this section shall be guilty of a misdemeanor. Storage a misdemeanor. SEC. 12. Be it further enacted by the authority aforesaid, That no person shall be excused from testifying before the grand jury or in any trial in any prosecution for violation of this Act upon any complaint for the enforcement thereof, but no disclosure or discovery made by such person as a witness shall be used against him in any penal prosecution for, or on account of the matters disclosed. Testimony before grand jury. SEC. 13. Be it further enacted by the authority aforesaid, That witnesses before the grand jury to give evidence may be required to answer generally as to any offense against the laws of Georgia for the promotion of temperance and the suppression of intemperance, committed within their knowledge during the two years next preceding or as to any violation within said time of any law of the State prohibiting the manufacture, sale or other disposition of any of said prohibited liquors and beverages; or the maintaining of any unlawful drinking place or liquor nuisance, and it shall not be necessary to first specially interrogate the witness as to any particular offenses, but a witness must not be prosecuted for any offense as to which he testifies before the grand jury and the solicitor or any member of the grand jury may be a witness to prove that fact. Witnesses required to answer generally. SEC. 14. Be it further enacted by the authority aforesaid, That the judges of all courts impanelling grand juries shall give in charge to said grand jury the anti-liquor laws
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of this State, and those enacted for the purpose of promoting temperance and suppressing the evils of intemperance, and he shall instruct them to investigate and return indictments against all persons guilty of violating said laws, or any provision of them. Charge by judge to grand jury. SEC. 15. Be it further enacted by the authority aforesaid, That no clerk, servant, agent or employee of any person accused of a violation of the laws to promote temperance and to suppress intemperance, or prohibiting the sale, manufacture or other disposition of prohibited liquors or beverages, shall be excused from testifying against his principal for the reason that he may thereby incriminate himself, nor shall any principal be excused from testifying against any clerk, servant, agent or employee in such cases; but no testimony so given by any of said parties shall in any prosecution be used as evidence, directly or indirectly, against him. Testimony by agent or servant, and by principal. Not used how. SEC. 16. Be it further enacted by the authority aforesaid, That the sheriffs of the various counties shall at least once every month, between the first and tenth days of the month, procure from the office of the United States internal revenue collector the name of each person, firm or corporation to whom a United States internal revenue license, or tax stamp, has been issued, as a wholesale or retail liquor dealer, or a wholesale dealer or retail dealer in malt liquors, or a brewer or rectifier of spirits, and the name of each person, firm or corporation that has complied with the laws of the United States to become or carry on the business of a distiller in his county, and such sheriff shall immediately thereafter cause to be published for two successive weeks in some newspaper in his county in such black type as will call special attention thereto, the names of said parties, together with the location of their places of business, giving street numbers when obtainable; for such services the sheriffs shall each receive the sum of $25.00 per annum, and the expense and cost of publishing the same, to be paid out of the general funds of his county. Any
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sheriff who shall fail, neglect or refuse to comply with the provisions of this section shall be guilty of a misdemeanor. Sheriff's publication of U. S. taxpayers. Compensation. Penalty for failure. SEC. 17. Be it further enacted by the authority aforesaid, That when a sheriff obtains from the internal revenue collector a list of persons who have paid United States special tax as a wholesale or retail dealer or malt dealer, or as a brewer, or have qualified under the laws of the United States to be a rectifier or distiller of spirits in his county, he shall promptly furnish the solicitor-general or other prosecuting officer who prosecutes criminal cases in the county on behalf of the State, with said list, or a copy, and it shall thereupon be the duty of such solicitor or other prosecuting attorney so notified to take active steps to secure the conviction of such persons and the prevention of a continued violation of the law of the State by such person or party, and he shall proceed by injunction, or criminal prosecution, one or all, according as his judgment dictates shall be most effective in securing the enforcement of the law against such party or parties, if he is willing and able to make the affidavit required by law, and if he is not, he shall proceed by such injunction or criminal prosecution, one or all, according as his judgment dictates shall be most effective in securing the enforcement of the law, if any reputable citizen offers to make or will make the affidavit necessary to secure the warrant, or preliminary injunction, in which case he shall superintend the preparation of the papers and the prosecution of the cause; and any solicitor-general or other prosecuting attorney or sheriff who fails to comply with the requirements of this section shall forfeit the sum of $500.00 to the State for such dereliction. Sheriff to furnish names to prosecuting attorney. Duty of prosecuting attorney. SEC. 18. Be it further enacted by the authority aforesaid, That any solicitor-general or other prosecuting attorney in the county whose duty it is to prosecute criminal cases on behalf of the State shall not be prohibited from commencing prosecution on his own affidavit against any party violating any provision of this statute or any other law of the State of Georgia for the suppression of the evils of intemperance, and it shall be the duty of every such
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solicitor-general upon receiving information giving him probable cause to believe that there has been a violation of any statute upon the subject named, to proceed to lay the matter before the grand jury or to institute a criminal prosecution against said party by affidavit before a court or judge of competent jurisdiction, if he is willing and able to make such affidavit for the institution of a criminal prosecution, or if he is not, he must superintend the preparation of the papers and the institution of the prosecution, if any citizen is willing to make an affidavit for the institution of a criminal prosecution against any party for such violation, provided the solicitor is of the opinion upon the facts at hand that there is reasonable ground to believe that a conviction ought to be had. And sheriffs are charged with the duty of being on the alert for violations of any of such statutes and with co-operating with the solicitors and prosecuting attorneys in bringing violators to justice. Prosecutions, duty of solicitor-general or attorney as to. SEC. 19. Be it further enacted by the authority aforesaid, That in all prosecutions against any persons for manufacturing, selling, offering for sale, keeping or having or otherwise disposing of prohibited liquors and beverages or for any one of the said acts, it shall be competent for the State to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of, possessed or possesses the same color, odor and general appearance, or the same taste, color and general appearance of a prohibited liquor or beverage, such as whiskey, rum, gin, ale, porter, beer and other prohibited liquor or beverage and the fact that the beverage in question is of the same color, odor and general appearance, or same taste, color and general appearance as beer, shall constitute prima facie evidence that the beverage is beer, or a malt liquor or a substitute; and the like rule of evidence shall apply in respect to whiskey and the other beverages named, and in the event the defendant claims the beverage in question is not within the inhibition of the statute when it possesses the same color, odor and general
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appearance, or the same taste, color and general appearance as a prohibited liquor or beverage, such as whiskey, beer or other beverages named, the burden of proof shall be upon him to establish to the reasonable satisfaction of the judge, court or jury trying the case, that the beverage in question is not within the inhibition of the said statute, and that it is a beverage not prohibited by the said statute to be manufactured, sold, offered for sale, or otherwise disposed of. The same rule of evidence shall be applicable in all cases for the abatement of liquor nuisances by bills in equity, and in all prosecutions for violations of statutes of the State for the suppression of the evils of intemperance when it becomes necessary to determine whether the liquor or beverage is a prohibited liquor or beverage. Evidence, rule as to competency of. SEC. 20. Be it further enacted by the authority aforesaid, That no property rights of any kind shall exist in said prohibited liquors and beverages, or in the vessels kept or used for the purpose of violating any provision of this Act or any law for the promotion of temperance or for the suppression of the evils of intemperance; nor in any such liquors when received, possessed or stored at any forbidden place or anywhere in a quantity forbidden by law, or when kept, stored or deposited in any place in this State for the purpose of sale or unlawful disposition or unlawful furnishing or distribution; and in all such cases the liquors and beverages, and the vessels and receptacles in which such liquors are contained, and the property herein named, kept or used for the purpose of violating the law as aforesaid, are hereby declared to be contraband and are to be forfeited to the State when seized, and may be ordered and condemned to be destroyed after seizure by order of the court that has acquired jurisdiction over the same, or by order of the judge or court after conviction when such liquors and such property named have been seized for use as evidence. Property right in prohibited liquors denied. Contraband articles. SEC. 21. Be it further enacted by the authority aforesaid, That if for any reason any section, paragraph, provision, clause or part of this Act shall be held unconstitutional
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or invalid, that fact shall not affect or destroy any other section, paragraph, provision, clause or part of the Act that is not in and of itself invalid, but the remaining portions shall be in force without regard to that so invalidated. Invalid part not to affect other parts of this Act. SEC. 22. Be it further enacted by the authority aforesaid, That no repeal or superseding or modification of any existing law or ordinance resulting from this Act or any other Acts for the promotion of temperance or the suppression of the evils of intemperance, enacted at this session, shall affect any existing right, remedy, defense or liability incurred, or any action or prosecution, civil or criminal, already commenced, or which may hereafter be commenced, for any offense already committed or committed prior to the taking effect of this Act, or any action or prosecution enforcing a right, penalty or punishment under such repealed, superseded or modified law or ordinance, and as to all such cases the laws and ordinances in force at the time of the taking effect of this Act shall continue in force. Existing rights, remedies and liabilities not affected. SEC. 23. Be it further enacted by the authority aforesaid, That any violation of any provision of this Act shall be a misdemeanor and the persons so offending shall be punished as prescribed by Section 1065 of the Penal Code of Georgia of 1910. Penalty for violation. SEC. 24. Be it further enacted by the authority aforesaid, That except as the same may be modified hereby, the Act of August 6, 1907, commonly called the Prohibition Law, which is now contained in Sections 426 to 433 of the Penal Code of Georgia of 1910, shall not be deemed repealed by this Act. Act of 1907 not repealed. SEC. 25. Be it further enacted by the authority aforesaid, That this Act shall take effect on May 1st, 1916, from and after the date of its passage. Effective when. SEC. 26. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 17, 1915.
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INTOXICATING LIQUORS; PROHIBITING DELIVERY, RECEPTION, KEEPING, ETC. No. 4. An Act to further mitigate the evils of intemperance and to make more effective the laws touching the sale and keeping on hand of certain prohibited liquors and beverages; by prohibiting common carriers and their agents from shipping into this State or delivering herein, any spirituous, vinous, malted, fermented or intoxicating liquors, where the same are intended to be received, possessed, sold or in any manner used, in violation of this or any other law of this State, and in any case except where such shipment and delivery is made in compliance with rules herein stated for the purpose of making clear the right of the consignee and the evidence thereof, and preserving such evidence and making the same accessible; by prohibiting any person from ordering shipments of such liquors or causing the same to be made or accepting or receiving the same, except under the rules herein stated for the purpose of making clear and preserving the evidence of the right of such person; by prescribing and limiting the quantities of such liquors and the containers thereof which any individual may have, receive or possess; by entirely prohibiting certain classes of persons the receipt or possession of said liquors; by prescribing various other regulations ancillary to the principal purpose and appropriate thereto, and by prescribing remedial procedure, rules of evidence and penalties, appropriate in the premises; by prohibiting any bank, individual or corporation from presenting or collecting any draft, check
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or bill of exchange drawn for the sale of such liquors, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That it shall be unlawful for any railroad company, express company, or other common carrier, or any officer, agent or employee thereof, or any other person or corporation, to ship or to transport into or to deliver in this State, in any manner or by any means whatsoever, any spirituous, vinous, malted, fermented or other intoxicating liquors of any kind from any other State, Territory or District of the United States, or place non-contiguous thereto, subject to the jurisdiction of the United States, or from any foreign country, to any person, firm or corporation within the territory of this State, when the said spirituous, vinous, malted, fermented or other intoxicating liquors, or any of them, are intended by the person interested therein to be received, possessed, sold or in any manner used either in the original package or otherwise, in violation of any law of this State now in force, or of this Act, or that may be hereafter enacted in this State, or take effect therein. Unlawful transportation by carriers and other persons. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful for any railroad company, express company, or other common carrier, or any officer, agent or employee of any of them, or any other person or corporation, to deliver any liquor of the kind mentioned in Section 1 of this Act, when brought into this State from any of the points or places mentioned in Section 1 of this Act, (1) to any person whomsoever, where said liquor has been consigned to a fictitious person, firm or corporation, or to a firm, person or corporation under a fictitious name; (2) to any person, firm or corporation, on any Sunday or on any day before seven o'clock A. M., and after five o'clock P. M., or (3) to any person who is intoxicated; (4) or to any minor; (5) or to any person other than the person to whom such liquors are consigned, and it shall be unlawful for any minor, or person, while intoxicated, to receive or acquire possession of any such liquors or beverages. Unlawful deliveries specified.
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SEC. 3. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to order, to cause to be ordered, any of the liquors mentioned in Section 1 of this Act, to be shipped to him in this State from without the State in a fictitious name, or in the name of another; and it shall be unlawful for any person to allow or permit the use of his name by another in obtaining, ordering or receiving or accepting delivery of any of said liquors in this State, or to aid, abet or assist another by the use of his name or any fictitious name, in obtaining possession or delivery of any of said liquors or beverages from a carrier or other person or corporation. Unlawful ordering and receiving. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to whom such liquor mentioned in Section 1 of this Act has been consigned from any of the points or places mentioned in Section 1 of this Act, whether consigned to the party by the right name or by a fictitious name, or otherwise, to give to any person an order for such liquor to any railroad company, express company or other common carrier or any officer, agent or employee or any of them or to any other person, when the purpose of such order is to enable such person to obtain and receive such liquors for himself or for any other person, firm or corporation. Unlawful order by consignee. SEC. 5. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, firm or corporation to accept from any railroad company, express company, or common carrier, or any officer, agent or employee of any of them, or from any other person, any delivery of the liquors mentioned in Section 1 of this Act, or any of them, when transported into this State or delivered in this State in any manner, or by any means whatsoever, from the points or places mentioned in Section 1 of this Act, when the said person, firm or corporation so accepting such delivery intends to receive, possess or sell, or in any manner use, either in original package or otherwise, the said liquors or any of them in violation of any law of this
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State, now in force, or of this Act, or any law that may hereafter be enacted in this State or to take effect therein. Acceptance of delivery, with unlawful intent. SEC. 6. Be it further enacted by the authority aforesaid, That since it is the general policy of this State to require, under non-prohibited conditions and in non-prohibited quantities, the liquors mentioned in Section 1 of this Act to be delivered to and possessed by individuals only, and for personal and domestic consumption, therefore it is hereby made unlawful to deliver any of the said liquors to or for account of any firm, partnership, corporation or association or persons, or for any person for or on account of the same, to receive or possess any of said liquors and the beverages. This section does not apply to alcohol when received or possessed according to law. Delivery to or for corporation or association forbidden. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be unlawful for any railroad company, express company or any other common carrier, or any officer, agent or employee of any of them, or any other carrier or person, to deliver any liquors of the kind mentioned in Section 1 of this Act, when brought into the State from any of the points or places mentioned in Section 1, or for any person to receive, accept delivery of, or to receive, possess or acquire possession of any of said liquors when so brought into the State, unless and until the consignee shall, before delivery, make an affidavit setting forth the name of the carrier or persons making such delivery, the place of delivery, the amount and kind of liquor to be received, the total amount and kind of such liquors received or possessed by him during the thirty days last past and that the affiant is over the age of twenty-one years and is of temperate habits with the details mentioned in the form below; said affidavit shall be substantially the following form: Affidavit before lawful delivery or acceptance. STATE OF GEORGIA, COUNTY OF..... I,..... person (stating in this space whether white or colored), male or female (let proper description remainerase other word), being duly sworn, depose and saith that my name is.....;
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that I am consignee of that certain parcel or package containing liquors which is now in possession of the following named carrier, to-wit.:..... at..... That said package contains the following amount of liquor:..... (stating here amount and particular kind, as whiskey, gin, wine, beer, etc.). That I have not received any shipment of liquors from any carrier or otherwise at any time within the past thirty days, and do not possess any, except..... That I am over the age of twenty-one years and am of temperate habits, and that my residence address is..... (here state street and number, or if no street and number, then otherwise as clearly as may be). Form of affidavit. ..... Consignee. Subscribed and sworn to before me this..... day of..... 19... ..... Agent or carrier. Received from the above named carrier, the amount and kind of liquors, as specified above. Date..... .....(signing full Christian name not initials merely). ..... Consignee. Such affidavit shall be signed and sworn to before said carrier, or any duly authorized agent thereof, and for that purpose the carrier, or agent of such carrier, within the State, is hereby authorized to administer oaths to all persons proposing to receive such liquors. Before the delivery of the package, the consignee shall sign the affidavit, and then, or at the time of delivery, sign the receipt for the amount of liquor delivered, or to be delivered by the carrier or his agent. Anyone who wilfully or corruptly swears falsely to any matters or things contained in said affidavit shall be deemed guilty of false swearing, and on conviction shall be punished by imprisonment in the penitentiary for not less than two or more than five years. It shall be the duty of the carrier or other person delivering said liquor to preserve said affidavit for a period of two years, and
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same shall be open to inspection of any sheriff, deputy sheriff, constable, chief of police or other police officer of a city, or any prosecuting attorney or solicitor-general whose duty it is to prosecute crime in the county in which delivery is made, or of any duly authorized person seeking information for the prosecuting of persons charged with or suspected of crime. Any failure on the part of any carrier or any party to comply with the provisions herein contained relative to the delivery of liquor, the requiring of the affidavit prior thereto by the consignee, the receipt therefor, and the preservation of the receipts, shall be deemed guilty of a misdemeanor. If the affidavit discloses that a delivery of the package would cause the consignee to receive or possess within the thirty-day period, liquors, of a quantity that is forbidden by law, the delivery shall not be made, but the consignee may renew application for delivery when the facts will justify delivery under the law, and when another affidavit is made. If the delivering carrier, or party delivering, is not satisfied of the identity of the person applying for the liquor, or has reason to believe that the person applying therefor is not the consignee or that he is seeking to practice a fraud on the carrier, or on the law, identification of the person applying may be required before delivery, to be furnished by a reputable person. In no case shall delivery of such liquors be made to any person other than the consignee. Execution of affidavit. False swearing. Affidavit to be preserved for inspection. Penalty for carrier's failure. Withholding of delivery. Identification. SEC. 8. Be it further enacted by the authority aforesaid, That the consignee of the liquors mentioned in the preceding section, and in Section 1 of this Act, when to be received or delivered in non-prohibited quantities may, after making and signing affidavit and giving the receipt in the preceding section provided for, transport or carry such liquors to a place where it is not unlawful to receive, have or possess the same. Transportation by consignee. SEC. 9. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to sell, give or transfer within the State to any person any bill of lading, shipping receipt, order or other instrument, calling
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for the delivery of liquors, or any of them, named in Section 1 of this Act; and it shall be unlawful for any common carrier, or officer, agent or employee thereof, or any other carrier or person to deliver any of such liquors to any person, or for such other persons to receive any of them, upon bill of lading, shipping receipt, order or other instrument transferred by the consignee. Transfer of bill of lading, etc., forbidden; delivery unlawful. SEC. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of every railroad company, express company or other common carrier, and of every person, firm or corporation, that shall carry or transport any of the liquors mentioned in Section 1 of this Act, and who shall deliver such liquors, or any of them, to any person, firm or corporation in this State, to file with the ordinary of the county in which said liquor is delivered a statement, either printed or plainly written, or typewritten on stout paper, correctly stating the dates on which the liquor was delivered, the name and post-office address of the consignee and consignor and the place of delivery, and to whom delivered, and the kind and amount of such liquor, such statement to be filed within three days after the day of delivery of such liquor. Carrier's duty to file statement with ordinary. 1st. If such statement is in writing, it shall be in a fair and legible hand, and the names of the consignee and consignor shall be truly ascertained and furnished in such a way as to avoid mistakes in names. 2d. If any person, firm or corporation, within the terms of this section shall neglect or refuse to file with the ordinary of the county, as herein required, such statement, or statements, then it shall be the duty of the ordinary to make written demand upon such person, firm or corporation to comply with the requirements of this section, such demands to be served by the sheriff and return made by him to the ordinary, upon a copy of the original demand, and upon further refusal, and non-compliance, it shall be the duty of the ordinary to promptly inform the Attorney-General of the State of such failure or refusal, and it shall then be
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the duty of the Attorney-General either himself to file, or to direct and secure some solicitor-general, whose duty it is to prosecute crimes in the county, to file a suit in the name of the State on the relation of the officer filing same in an appropriate court to compel the compliance with this section, or file a bill in equity for a mandatory injunction, restraining the further non-compliance with this section on the part of delinquent persons, firms or corporations. Ordinary's duty; and equitable remedy for non-filing of statement. SEC. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of the ordinary to immediately file the statement required by the preceding section as a part of the file of his office, and, (1) To permit any sheriff, deputy sheriff, constable, chief of police, or other police officer of the town or city, or solicitor-general, whose duty it is to prosecute crime in the county in which delivery is made, and any other peace officer of the county or officer charged with the duty of prosecuting violations of the law, to inspect the said statements as they may desire at any time the office of the said ordinary may be open, and especially to permit inspection thereof by any officer or other duly authorized person seeking information for the prosecution of persons charged with or suspected of crime, and especially of the crime of selling, giving away, bartering, keeping for sale, or otherwise disposing of liquors, or any of them, mentioned in Section 1 of this Act, or other liquors and beverages prohibited by the laws of the State to be sold, given away, kept for sale, or otherwise disposed of in such county or in the State; and Inspection of statements by officers. (2) To permit any and all other persons so desiring to inspect the said statements to do so at any time the office of the ordinary may be open. It shall be the further duty of the ordinary to give a certified copy of such statement to any of the said officers without charge, or to other persons requesting or demanding the same upon payment of lawful fee therefor, and the said original statements or certified copies thereof shall be competent evidence upon the trial of any cause whatsoever in any of the courts of this
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State in which same may be relevant or material to the issue or issues involved. Inspection of statements by others. Copies. SEC. 12. Be it further enacted by the authority aforesaid, That it shall be the duty of every railroad company, express company or other common carrier, and of every person, firm or corporation, that shall carry or transport any of the liquors mentioned in Section 1 of this Act into the State from any of the points or places mentioned in Section 1 for the purpose of delivery, and who shall deliver such liquors or any of them, to any person, firm or corporation, to correctly keep in a fair and legible hand, or typewritten or otherwise, so that the same may be easily read, a record of such liquors and of the delivery thereof, which shall set forth the date on which such liquors are received and delivered, and the name and post-office address of the consignor and consignee, the place of delivery, and the person to whom delivered and the kind and amount of such liquor delivered. Carrier's duty as to keeping record. SEC. 13. Be it further enacted by the authority aforesaid, That the record hereinabove required to be kept by common carrier or person, firm or corporation, making delivery of said liquors, or any of them in this State, from any point or place mentioned in Section 1 of this Act shall be opened for inspection: Carrier's record open to inspection by whom. (1) Of the officers mentioned in Section 11; (2) Of the duly authorized persons seeking information for the prosecution of persons charged with or suspected of crime, and when application is made by any of the said officers or persons for permission to examine and take copies of such record, they shall be allowed to do so, during the office or business hours of the persons or corporations keeping said record, and in such reasonable manner as not to interfere with the business of the corporations or persons keeping such record. The said record may be produced in court by any lawful process issued by any court of the State or existing under the authority of the State, to be used as evidence, and said record shall be competent evidence
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upon the trial of any causes whatsoever in any of the said courts in which the record may be material or relevant to the issues involved. Copies. Production in court. SEC. 14. Be it further enacted by the authority aforesaid, That it shall be unlawful for any bank incorporated under the laws of this State, or a national bank, or a private banker, or any individual, firm or association to present, collect, or in any way handle any draft, bill of exchange or order to pay money, to which draft, bill of exchange or order to pay money is attached a bill of lading or order or receipt for any spirituous, vinous, malted, fermented or other intoxicating liquors of any kind, or any liquor, liquids or beverages prohibited by the laws of this State to be manufactured or sold, or otherwise disposed of in this State for which draft is enclosed with, connected with, or in any way related to, directly or indirectly, any bill of lading or receipt for said liquors in the section above mentioned, or in any of them, and any person, firm, corporation or bank or banker violating the provisions of this Act shall be guilty of a misdemeanor. Banks forbidden to handle drafts, etc., with bill of lading for liquors. SEC. 15. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to break open, or divide upon the premises of the delivering carrier, or person, any original package or packages in which liquors mentioned in Section 1 of this Act, or shipped from any of the points or places mentioned in Section 1 of this Act into this State, or for any express agent, freight agent, or other employee of any express company, railroad company, or any other transportation company or for any person or corporation engaged in the business of transportation or transporting of any of said liquors as aforesaid, in this State, to allow any original package or packages in which liquors are shipped to be broken open or divided in any manner upon the premises of such company or carrier, or person making delivery under the supervision of such agent, servant or employee, or otherwise. Breaking or division of packages on carrier's premises forbidden. SEC. 16. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person to receive,
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accept delivery of, possess or have in possession at one time, or within any period of thirty consecutive days, whether in one or more places, or whether in original packages, or otherwise, (1) more than one gallon of vinous liquor, or (2) more than six gallons (48 pints) of malted liquors or fermented liquors, such as beer, lager beer, ale, porter or other similar fermented or intoxicating or spirituous liquors either in bottles or other receptacles, or (3) more than two quarts of spirituous liquors or other intoxicating liquors, or other prohibited liquors beyond those named in sub-divisions one and two, above. Receipt or possession, thirty-day limit as to. But this section shall not apply to the receipt or possession of alcohol by persons who are permitted by law to possess, receive, sell or use the same, when received, possessed or sold in accordance with the rules and regulations prescribed by law. Alcohol, how far excepted. SEC. 17. Be it further enacted by the authority aforesaid, That any of the following facts shall constitute prima facie evidence that the liquors mentioned in the sub-divisions of this section respectively are kept for sale contrary to law, to-wit.: (1) The possession, at any one time or within the period of thirty days of more than one gallon of vinous liquors whether in one or more places; (2) or the possession at one time, or within a period of thirty days of more than six gallons (48 pints) of malted liquors or fermented liquors such as beer, lager beer, ale, porter, or other similar fermented or intoxicating or spirituous liquors either in bottles or other receptacles, whether in one or more places, or (3) the possession at one time or within a period of thirty days of more than two quarts of spirituous liquors, or other intoxicating liquors or other prohibited liquors named in sub-divisions one and two above, whether in one or more places; (4) the delivery to a person, firm, corporation or any officer, agent or servant of any of them, at one time, or within a period of thirty days, whether in one or more places, of (a) more than one gallon of vinous liquors, or (b) more than six gallons (48 pints) of malted liquors, or fermented liquors, such as
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beer, lager beer, ale, porter or other similar fermented intoxicating or spirituous liquors either in bottles or other receptacles; or (c) more than two quarts of spirituous or other intoxicating liquors, or other prohibited liquors beyond those named in sub-divisions (a) and (b) above. Prima facie evidence of unlawful acts. (1) But this section does not apply to the receipt or possession of alcohol by persons who are permitted by law to possess, receive, sell or use the same, when received, possessed or sold in accordance with the rules and regulations prescribed by law. Alcohol, how far excepted. SEC. 18. Be it further enacted by the authority aforesaid, That when more than one quart of the liquors mentioned in Section 1 of this Act or prohibited liquors is received or had in possession it must be in bottles or receptacles of a capacity of not less than one quart, and when a quart or less is so received, or possessed it must be contained in one receptacle or bottle. Failure to observe the provisions or either of them shall constitute prima facie evidence that said liquors are kept or had in possession for sale or other unlawful disposition; and it shall be unlawful to receive, or possess the liquors in quantities mentioned in receptacles or bottles that do not conform to the above requirements; but this section shall not apply to malted or similar fermented liquors such as beer, lager beer or porter or ale. Size of bottles. SEC. 19. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, firm or corporation or association, whether common carrier or not, to accept them from another for shipment, transportation or delivery, or to ship, transport or deliver for another the liquors mentioned in Section 1 of this Act, or any liquors or beverages prohibited by the laws of this State to be sold or otherwise disposed of in this State, or any malted liquors or any liquors and beverages containing one-half () of one per cent (%) of alcohol or more, by volume at sixty degrees Fahrenheit, when received at one point, place or locality in this State to be shipped or transported to,
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or delivered to another person, firm or corporation, at any point, place, or locality in this State; or to convey or transport over or along any public street or highway, any of said liquors for another. Acceptance for transportation unlawful. (1) But this section shall not apply to those delivering and transporting to druggists and physicians and others, such alcohol as they are permitted by the laws of the State to sell, dispose of or use in accordance with the statutory regulations upon that subject; nor to the transportation or delivery of lawfully acquired liquors and beverages when legally received by individuals from outside of the State to be carried to and delivered at a place when such individual may legally possess the same, and when in unprohibited quantities for personal or domestic use. Non-application of Sec. 19. SEC. 20. Be it further enacted by the authority aforesaid, That this Act shall be construed in harmony with all the statutes of the United States relating to the transportation of the liquors mentioned in Section 1 of this Act into this State from points or places outside of the State mentioned in Section 1 of this Act, and other Federal Statutes bearing upon interstate shipments of such liquors. Act to be harmonized with Federal statutes. SEC. 21. Be it further enacted by the authority aforesaid, That in the prosecutions of violations of this Act or any law for the suppression of the evils of intemperance, any common carrier doing business in the State of Georgia, or any person engaged in transportation in this State, or making deliveries in this State of the liquors mentioned in Section 1 of this Act, or of other prohibited liquors and beverages, is required to permit an examination of all his books, records, papers, bills of lading and accounts pertaining to the shipment of such liquors, by any officer in this State, whose duty it is to prosecute crime or ferret out criminals, when such information is sought for the prosecution of persons charged with or suspected of crime. Examination of books and papers of carrier. SEC. 22. Be it further enacted by the authority aforesaid, That in all prosecutions under this Act for unlawful shipments of liquors mentioned in Section 1 of this Act into
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this State, the offense shall be held to have been committed in any county of the State through which or into which said liquors have been carried or transported or in which they have been unloaded, or to which they have been conveyed for delivery. Venue of offences. SEC. 23. Be it further enacted by the authority aforesaid, That no persons shall be excused from testifying before the grand jury or on the trial in any prosecution for any violations of this Act, but no disclosure or discovery made by such person is to be used against him, in any penal or criminal prosecution for or on account of the matter disclosed. Testimony before grand jury. SEC. 24. Be it further enacted by the authority aforesaid, That nothing in this Act shall make it unlawful for any person, firm or corporation to have shipped, and have delivered alcohol for any purpose permitted of the laws of this State; and nothing herein shall be construed to prevent wholesale druggists from furnishing or selling alcohol according to law to licensed retail druggists, or from furnishing or selling alcohol to public or charity hospitals or to medical or pharmaceutical colleges, nor shall this Act prohibit the sale by licensed druggists of wood or denatured alcohol for art, scientific or mechanical purposes, or grain alcohol to bacteriologists who are actually engaged in that class of work for scientific purposes only. Alcohol; shipment, delivery, and sale. SEC. 25. Be it further enacted by the authority aforesaid, That any delivery for shipment or the shipment, transportation or delivery to the consignee of liquor within the prohibition of this Act from one point of this State to another point in this State shall be deemed to be an offense in the county from or to which such shipments are made, or in which delivery of any shipment is made, and the superior court or other court having jurisdiction of misdemeanors in any such county shall have jurisdiction for the trial and prosecution of any such violation of this Act, and the grand jury of such county shall be vested with inquisitorial power with respect to offenses under this Act and
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the judges of the superior courts shall call attention to this Act in charging grand juries. Unlawful shipments, etc.; jurisdiction of offenses. SEC. 26. Be it further enacted by the authority aforesaid, That in any indictments, presentment of complaint or prosecution for any violation of this Act, it shall not be necessary for the State or prosecution to show the transaction was not within any exceptions herein contained, or that the liquors were or were not ordered, shipped, transported, or delivered, for any of the purposes permitted in this Act, but any exceptions may be relied on as a defense, and the burden of establishing same shall be upon the person claiming the benefit thereof. Indictment. Burden of proof of exceptions on defense. SEC. 27. Be it further enacted by the authority aforesaid, That if for any reason any section, provision, clause or any part of this Act shall be held to be unconstitutional, and invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act, which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause or part so held to be invalid. Invalid part not to affect other parts of this Act. SEC. 28. Be it further enacted by the authority aforesaid, That when any violation of this Act, or any law for the promotion of temperance, is threatened or shall have occurred, the continuation or repetition of the unlawful act, or any of like kind, by the offending person, firm or corporation, may be prevented by a writ of injunction issued out of the superior court upon a bill filed by the State Attorney-General, or the solicitor-general of the circuit, or by any citizen or citizens of such county, such bill to be filed in the county in which the nuisance exists; and all rules of evidence, practice and procedure that pertain to courts of equity generally in the State may be invoked and applied, as well as the rules, and practice prescribed for any other injunction procedure. All persons, whether agents, servants or officers of corporations or agents, or agents or servants of individuals, aiding or
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abetting in the commission of the offense, or threatened to commit a violation of this Act, may be made parties defendant to such bill. Injunction against continuing Act. Evidence, parties, and procedure. SEC. 29. Be it further enacted by the authority aforesaid, That any person, firm or corporation violating any provision of this Act shall be guilty of a misdemeanor and punished as for a misdemeanor, as prescribed in Section 1065 of the Penal Code of 1910. Penalty for violation. SEC. 30. Be it further enacted by the authority aforesaid, That this Act shall take effect and be in force from and after May 1st, 1916. Effective when. SEC. 31. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved November 18, 1915. INTOXICATING LIQUORS; SUPPRESSION OF ADVERTISING, AND SOLICITING OF ORDERS. No. 2. An Act to promote temperance and suppress the evils of intemperance; to prevent the advertisement of, or solicitation of orders for alcoholic, spirituous, vinous, or malted liquors and beverages prohibited by the laws of Georgia to be manufactured or sold in the limits of this State; to provide for the prevention of the continuance and repetition of the acts or things made unlawful by this enactment; to prescribe remedies, procedure and punishment; and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That whereas it is the public policy of this State to
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discourage the use and consumption of alcoholic, spirituous, vinous or malt liquors, such as brandy, whiskey, rum, wine, gin, beer, and to secure the strict enforcement of the law against manufacture, sale, keeping for sale or other disposition thereof, within this State: Now, therefore, it is hereby unlawful from and after May 1st, 1916: Preamble. 1st. To advertise upon any vehicle of transportation or at any public place, or resort, or upon any sign or bill board, or upon any circulars, posters, price lists, newspapers, periodicals or otherwise, within the limits of this State, said liquors and beverages, or any of them, or any liquors and beverages prohibited by the laws of Georgia to be manufactured and sold in this State, or to advertise the manufacture, sale, keeping for sale or furnishing any of them, or the person from whom or the firm or corporation from which, or place where, or the price of which, or the method by which the whole or any of them may be obtained. Advertising in all forms declared unlawful. 2nd. To circulate or publish, sell or offer for sale any newspaper, periodical or other written or printed matter in which an advertisement in this section specified shall appear, or for any owner or occupant to permit any sign or bill board containing such advertisement to remain upon his premises for fifteen days after May 1st, 1916, or to circulate any price lists, order blanks or other matter for the purpose of inducing or securing orders for such liquors and beverages or any of them no matter where located. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful from and after May 1st, 1916, for any person within this State to solicit or receive any order for said liquors and beverages mentioned in Section 1 or any of them in any quantity to be shipped into this State, or to be shipped from one point in this State to another point in this State, and the taking or solicitation of such orders within the inhibition of this section, although the orders are subject to approval by some other person, and no part of the price is paid nor any part of the goods delivered when the order was taken. Soliciting and taking of orders unlawful.
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SEC. 3. Be it further enacted by the authority of the aforesaid, That when and where any violation of any of the provisions of Sections 1 and 2 of this Act shall have occurred the continuation or repetition of the unlawful thing or act or any of like kind, by the offending person, firm or corporation, may be prevented by a writ of injunction issued out of the superior court upon a bill filed by the State Attorney-General, or by any solicitor-general of the circuit or by any citizen or citizens of the county in which the offense has been committed; and all rules of evidence, practice and procedure that pertain to courts of equity generally in this State may be invoked and applied in the cause as well as the granting of preliminary injunctions; all persons, whether agents, servants or officers of corporations or agents or servants of any individual, aiding or abetting in the commission of the offense may be made parties defendant to such bills. Injunction against continuing Act. Evidence, practice and procedure. SEC. 4. Be it further enacted by the authority aforesaid, That any violation of any provision of Sections 1 and 2 of this Act shall be a misdemeanor and the person so offending shall be punished as prescribed by Section 1065 of the Penal Code of Georgia, 1910. Penalty for violation. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed, and this Act shall take effect from and after May 1st, 1916. Approved November 17, 1915. MOTOR-VEHICLES; REGULATION AND TAXATION. No. 12. An Act providing for the annual registration and identification of motor-vehicles and motorcycles; regulating their use upon the public streets and highways of this State; requiring chauffeurs to obtain a license to operate
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such vehicles; to provide for the distribution of the fees collected hereunder among the counties of this State; to make the Secretary of State Commissioner of Motor-Vehicles; provide expenses for operation and enforcement of law; to prescribe penalties for the violation of the provisions of this Act; to provide for the employment of a clerk and inspector of motor-vehicles; and repealing all laws and parts of laws in conflict with this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Secretary of State shall be ex-officio Commissioner of Motor-Vehicles of this State, and shall be charged with the execution hereinafter enumerated. Secretary of State as Commissioner. SEC. 2. Be it further enacted, That the term motor-vehicles shall apply to all vehicles propelled by power other than muscular power, except road-rollers, traction-engines and railroad and railway cars and motor-cars running only upon stationary rails or tracks. The terms horse-power and ton-weight shall, in this Act, apply to and be governed by the ratings of the National Automobile Chamber of Commerce. Definition of terms. SEC. 3. Be it further enacted, That the term motorcycle shall apply to motor-vehicles having but two main wheels in contact with the ground, upon which the operator sits astride; but a motor-vehicle may carry one wheel attachment and seat for the conveyance of a passenger. The term chauffeur shall apply to any person operating a motor-vehicle other than his own, as mechanic, employee, for hire; but shall not apply to any employee of a licensed dealer, demonstrating or testing cars under said dealer's license. SEC. 4. Be it further enacted, That every owner of a motor-vehicle or motorcycle shall, on or before the first day of March in each year, before he shall operate such motor-vehicle or motorcycle, register such vehicle in the office
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of the Secretary of State, and obtain a license to operate the same for the ensuing year; and every chauffeur, employed to operate motor-vehicles shall likewise register and obtain a license as hereinafter provided. Registry and license of motor-vehicles and chauffeurs. SEC. 5. Be it further enacted, That application for the registration of a motor-vehicle or motorcycle shall be made to the Secretary of State upon blanks prepared by him for such purpose, by the owner. Such application shall contain a statement of the name, place of residence, and address of the applicant, together with a brief description of the vehicle to be registered, its name and the name of its manufacturer; its factory number, the character of its motive power, the amount of such motive power in figures, and such additional information as the Secretary of State may require. Application blanks. SEC. 6. Be it further enacted, That the annual fee for the licensing the operation of motor-vehicles and motorcycles shall be: Schedule of annual fees for vehicles. For each motorcycle, two dollars. For each motor-vehicle, not exceeding twenty-five horse-power, three dollars. For each motor-vehicle of over twenty-five horse-power and not over forty horse-power, four dollars. For each motor-vehicle exceeding forty horse-power, five dollars. For each electric motor-vehicle used for pleasure purposes, four dollars. For each non-passenger carrying commercial motor-vehicle or truck of not exceeding one ton weight, three dollars. For each non-passenger carrying commercial motor-vehicle or truck of not exceeding three ton weight, four dollars. For each non-passenger carrying commercial motor-vehicle or truck of not exceeding five ton weight, five dollars. For every non-passenger carrying commercial motor-vehicle or truck exceeding five tons weight, six dollars.
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Provided that every person, firm, association or corporation engaged in the manufacture or sale of motor-vehicles in this State shall register as a dealer with the Secretary of State, making application for a general distinguishing dealer's number, specifying the name and make of motor-vehicle manufactured or sold by them, upon a blank prepared by the Secretary of State for such purposes, and pay therefor a fee of ten dollars, which fee shall accompany such application, and for which fee said Secretary of State shall furnish to said dealers two number-plates to be known as dealers' numbers, and to be distinguished from the number-plates herein provided for by bearing thereon, in addition to the requirements of this law for number-plates, the word dealer, the letters D. L. R., or to be in a different color, as may be determined by the Secretary of State. Manufacturers and dealers, having obtained a dealer's license and number, as herein provided, may obtain additional duplicates of their original number upon the payment of a fee of one dollar for each number obtained. Registry and license of manufacturers and dealers. Fees, number-plates, etc. And provided further, that whenever a motor-vehicle or motorcycle is registered on or after the first day of August of any year, the fee of such registration shall be one-half of the amount of the annual registration fee. Registry after July 31. SEC. 7. Upon the receipt of the application and the payment of the required fee, the Secretary of State shall file the application, register the vehicle, assign to it a distinctive number, and make the same a matter of record. He shall furnish also, without further cost, a number-plate, showing thereon the number designated to such vehicle. The figures on the number-plate shall be Arabic in character and shall be at least four inches high and the stroke thereof at least one-half inch wide, followed by the letters Ga., and figures indicating the year for which issued. In addition to the number-plate above described the Secretary of State shall also furnish to each owner a seal of aluminum or other suitable metal, circular in form and approximately two inches in diameter, having stamped thereon, Registered
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Motor-Vehicle No..... Ga. Motor-Vehicle Law, with the registration number inserted therein and the year of issue inserted therein, which seal shall at all times be conspicuously displayed on said machine; provided, that the number used for motorcycles may be of such size and design as may be practicable. Duplicate number-plates, when the originals have been lost, defaced, or destroyed, may be obtained from the Secretary of State upon the filing of an affidavit setting forth the facts of such loss or destruction, and the payment of a fee of one dollar to cover the actual cost of such number. A number when issued shall not be transferred from one vehicle to another, and shall not be used by any person, or upon any motor-vehicle other than the motor-vehicle to which it is assigned, and any use of said number by any person or persons in any manner not provided for in this Act shall be a violation of said Act; provided, however, that where a motor-vehicle has been duly registered in the office of the Secretary of State, and the number assigned to said motor-vehicle for the year, the owner of said motor-vehicle to which said number has been assigned may, upon the sale or exchange of said motor-vehicle, transfer and assign the number assigned to said motor-vehicle to the purchaser of said machine, by registering such transfer in the office of the Secretary of State and the payment of fifty cents, which shall accompany said transfer or registration, and upon said transfer the assignee of said number shall stand in the position of the original person in whose name such number was recorded. Filing, registry and record. Number-plates. Seals. Duplicates of lost originals. Transfer and assignment of numbers. SEC. 8. Every motor-vehicle or motorcycle, which is in use upon the streets and highways of the State, shall at all times display the number-plate assigned to it; and the same shall be fastened on the rear of the machine, in a position so as not to swing, and shall be at all times plainly visible. No number-plates other than those furnished by the Secretary of State shall be used. Display of number-plate. SEC. 9. Every motor-vehicle and motorcycle, while in use or operation upon the streets or highways of this State,
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shall at all times be provided and equipped with efficient and serviceable brakes, and with a signaling device, consisting of a horn, bell or some other suitable device. It shall likewise be equipped with at least two front lamps, throwing strong, white lights to a reasonable distance in the direction in which such vehicle is proceeding, a rear lamp showing a red light plainly visible in the reverse direction to which said vehicle is proceeding, and such other light so reflected as to clearly reveal the figures on the number-plate; provided, that a motorcycle shall be required to be equipped with one front light only. All of such lamps or lights shall at all times be kept burning while such vehicle is in use or operation or standing in a public street or highway during the period from one hour after sunset until one hour before sunrise. Brakes, signal-horn or bell, and lamps. SEC. 10. No person shall operate a motor-vehicle or motorcycle upon any public street or highway at a speed greater than is reasonable and safe, not to exceed a speed of 30 miles per hour, having due regard for the width, grade, character, traffic and common use of such street or highway; or so as to endanger life, limb or property in any respect whatever. Speed limit and control on highway or street. Upon approaching any bridge, railroad-crossing, dam, sharp curve, dugway or deep descent, or in traversing such bridge, railroad-crossing, dam, curve, dugway or descent, the operator of a motor-vehicle or motorcycle shall at all times have said vehicle under immediate control, and shall not operate said vehicle at a greater speed than ten miles per hour. Approach of bridge, crossing, etc. Upon approaching or passing any person walking in the roadway, travelling any public street or highway, or any horse or other draft animal being led, ridden or driven thereon, or upon any bridge or crossing at an intersection of public streets or highways, the operator of a motor-vehicle or motorcycle shall at all times have the same under immediate control; and if such animal shall appear to be frightened, or if the person in charge thereof shall signal by
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raising his hand or calling, the operator shall immediately stop his vehicle. If travelling in the opposite direction, the operator shall hold his vehicle stationary until such animal shall have had reasonable time to pass by; and if traveling in the same direction, he shall use reasonable precaution in order to avoid frightening the animal or causing accident; and in approaching or passing such animal, the operator shall not use exhaust cut-out of his vehicle, or cause any other unnecessary noise. Passing by horse or draft animal. No person operating a motor-vehicle or motorcycle upon a public street or highway in this State shall drive the same past any street car, interurban or other passenger train, in said street or highway, while the same is standing still for the purpose of taking on or letting off passengers to or from such car or train. Passing cars and trains. SEC. 11. Whenever any operator of a motor-vehicle or motorcycle shall meet, on a public street or highway, any person or persons riding or driving one or more horses, or any other draft animal, or any other vehicle, approaching in the opposite direction, the operator shall turn his vehicle to the right so as to give one-half of the traveled roadway, if practicable, and a fair opportunity to the other to pass by without unnecessary interference; and if traveling in the same direction, he shall pass to the left side of the person or vehicle overtaken, and the person or vehicle overtaken shall give him a fair opportunity to pass. Rule of the road as to passage. The operator of a motor-vehicle or motorcycle in motion on any public street or highway shall give due and timely warning, by using his signaling apparatus, to every person riding or driving any horse or horses, or horse drawn or other vehicle, which he may meet or approach; and he shall likewise give due warning and reduce speed upon approaching any sharp curve, dugway, descent or other dangerous place upon such street or highway. Signal warning. SEC. 12. In case of accident to any person or damage to property upon the public street or highway, due to the operation of a motor-vehicle or motorcycle thereon, the
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operator of such machine shall immediately stop, and, upon request of the person injured or sustaining damages thereby, or of any other person present, give such person his name and address; and if he is not the owner of such vehicle, then the name and address of the owner thereof. Accident; duty to stop and give name, etc. SEC. 13. Application for a chauffeur's license shall be made to the Secretary of State upon blanks prepared by him for such purpose, and shall be signed and verified by oath or affirmation. Such application shall be made annually on or before the first day of March, and shall contain a statement of the name and address of the chauffeur, and such other information as the Secretary of State may require; and shall be signed and endorsed by at least three responsible owners of motor-vehicles and employers of chauffeurs; provided, that no such license shall be issued to any person under sixteen years of age. A fee of $2.00 shall accompany the application; provided, that if the application shall be made on or after the first day of August of any year, the fee shall be one dollar. Chauffeur's license, how obtained. SEC. 14. Upon receipt of such application and the payment of the required fee, the Secretary of State shall file the application, register the same, assign to the applicant a distinctive number, and make the same a matter of record in his office. He shall likewise furnish such chauffeur a badge, which badge shall be evidence of his right to act as chauffeur until the first day of March following. Such badge shall be of aluminum or some other suitable metal, oval in form, the greater diameter not to exceed two inches; and there shall be stamped thereon the words, Registered Chauffeur No. (Here insert the registration number designated), State of Georgia. The badges shall be of uniform size, numbered consecutively, beginning with the figure 1, shall be of a different and distinctive color for each year, and shall be issued in consecutive order. Filing and record. Badges. The chauffeur shall at all times, while operating a motor-vehicle upon the public streets and highways, wear his badge pinned to his clothing in a conspicuous place. No
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registered chauffeur shall voluntarily or otherwise permit any other person to wear his badge; nor shall any person wear a chauffeur's badge belonging to any other person, or a fictitious badge, while operating a motor-vehicle upon the public streets and highways. Display of badge, etc. SEC. 15. No person shall operate a motor-vehicle or motorcycle upon any public street or highway, whether as owner or operator of such vehicle, if under sixteen years of age, or while under the influence of intoxicating liquors or drugs; and no person shall take, use or operate any motor-vehicle or motorcycle upon the public streets and highways, without the permission of the owner thereof. Persons forbidden to operate. SEC. 16. Motor-vehicles owned by non-residents of the State may be used and operated on the public streets and highways for a period of thirty days, without having to register and obtain a license so to do, or a chauffeur's license; provided, that the owner or owners thereof shall have fully complied with the laws requiring the registration of motor-vehicles in the State or Territory of their residence, and that the registration number and the initial letter of such State or Territory shall be displayed and plainly visible on such vehicle or vehicles. In other respects, however, motor-vehicles owned by non-residents of the State and in use temporarily within the State, shall be subject to the provisions of this Act; provided, no resident of this State shall be allowed to operate a motor-vehicle within this State under a license issued by another State. Non-residents, license not required of. Proviso. Proviso. SEC. 17. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall be construed as changing or interfering with any regulation or ordinance which has heretofore or may hereafter be adopted by any municipality of this State, regulating the running or operation of motor-vehicles described in this Act; provided such regulation or ordinance is not in conflict with the provisions of this Act; and provided further, that nothing in this Act shall prevent cities and incorporated towns from regulating, by reasonable ordinance, the rate of speed, noisy
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cut-outs and glaring electric headlights within said cities and towns; provided further, that nothing herein shall prevent incorporated cities and towns from requiring by ordinance the owners of motor-vehicles residing within the incorporated limits of said cities or towns to register the number of the State license with the clerk of council or other officer to be designated by such city or town, together with a brief description of such motor-vehicle; and said incorporated cities or towns shall have the power to provide a penalty for the violation of such ordinance, provided no additional license fee shall be charged by any municipality. Municipal ordinances effective. SEC. 18. Be it further enacted, That the Secretary of State shall, at least once in each month, call the attention of the sheriffs in the several counties of this State to the provisions of this Act; and it shall be the duty of such sheriffs to make investigation as to violations of the provisions of this Act; and such sheriffs shall have authority and it is hereby made their duty to swear out warrants and prosecute any and all owners of motor-vehicles who violate any of the provisions of this Act. The costs of said sheriffs shall be paid to him in the same manner as other criminal costs are paid under the law. Provided, however, that upon the failure of the sheriff of any county to enforce the provisions of this section, the Secretary of State shall have the right to employ an inspector in said county at not more than four dollars per day, and his actual expenses upon an itemized sworn statement furnished by said inspector, to seek out and require all owners of motor-vehicles to register said vehicles in accordance with this Act. Sheriffs' duties. Costs. Inspector may be employed. SEC. 19. Be it further enacted, That one dollar of the license fees collected under the provisions of this Act, all fees from the duplicate license numbers where originals are destroyed or lost, the transfer of license, and all chauffeurs' licenses shall be retained by the Secretary of State to provide and furnish number-plates, and seals, to pay clerks and inspectors provided in said Act, and pay the expenses of operation and enforcement of said law in said State;
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provided, that, in addition to the cost of the number-plates and seals provided in this Act, the Secretary of State shall not expend for inspectors, clerks or other expense, more than fifteen (15) per centum of the total funds received and collected by said Secretary of State under the provisions of this section; the balance of said fund, if any, shall at the end of each year be deposited in the State Treasury; provided, however, that the foregoing shall include only necessary and actual expenses, to be itemized and accounted for by said Secretary of State. License fees, how used. SEC. 20. Be it further enacted, That the net amount of fees collected under this Act, in excess of the fees specified in Section 19 of this Act, for the expenses and enforcement of this law, shall be turned into the State Treasury to the credit of the State road fund, and that it shall be the duty of the Secretary of State to proportion said fund among the several counties of this State in the proportion that the public road mileage outside of cities and incorporated towns of each county bears to the total number of miles of public roads in this State; and it shall be the duty of the Treasurer of the State to transmit the shares of said fund to the proper authorities in each county, upon the warrant of the Governor, based upon the apportionment by the Secretary of State, a copy of which apportionment shall also be furnished to the Governor. Net fees to State road fund. Apportionment. SEC. 21. Be it further enacted, That it shall be the duty of the county commissioners of each county, and ordinaries where there are no commissioners, to file in the office of the Secretary of State, annually, on or before the first day of May of each year, a report showing the actual number of miles of public roads outside of cities and incorporated towns, in their respective counties. It shall also be the duty of said commissioners or ordinaries, as the case may be, to include in said report a statement from the tax books of their respective counties, showing the number of motor-vehicles returned for taxation for the year previous to their report, and also to certify in said report that 90 per cent of the owners of motor-vehicles in their respective counties
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have returned said motor-vehicles for taxation, and also have registered the same in the office of the Secretary of State. It shall be the duty of the officials above described to cause the arrest and to prosecute all owners of motor-vehicles who fail or refuse to register their cars with the Secretary of State, as provided by this Act. If it be ascertained from said report, or by the Secretary of State, that as many as ten per cent of the motor-vehicles in any county are not returned for taxation, and registered with the Secretary of State, then that county shall receive no part of the automobile fund for that year. Duties of county authorities. SEC. 22. Be it further enacted, That the Secretary of State is hereby authorized to employ a clerk whose duty it shall be to keep a full record of all motor-vehicle owners, in a book to be kept for that purpose. He shall file registrations alphabetically by counties, and shall furnish each year to the county commissioners or ordinaries, and also the tax receivers of the several counties, a list of all owners of motor-vehicles of their respective counties, who have registered in this office. He shall perform any and every duty pertinent to his office under the direction of the Secretary of State. The salary of said clerk shall be one hundred dollars per month, payable out of the fees received for the registration of motor-vehicles. Clerk's duty and salary. SEC. 23. Be it further enacted, That any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Penalty for violation. SEC. 24. Nothing in this Act shall be construed to curtail or abridge the right of any person to prosecute a civil action for damage sustained by reason of injury to person or property resulting from the negligible use of the public streets or highways by a motor-vehicle, or motorcycle, or by his owner, his employee, or by any other operation thereof. Civil action not affected. SEC. 25. Be it further enacted, That should any of the provisions of this Act be held illegal or unconstitutional,
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the same shall not vitiate the remaining provisions of said Act, but all of such provisions not held illegal or unconstitutional shall remain of full force and effect. Act not avoided by invalid part. SEC. 26. Be it further enacted by the authority aforesaid, That every owner or operator of a machine shall have equal rights upon the public highways of this State with all other users of such highways, and no person or persons shall throw glass, nails, tacks, or other obstructions upon the public highways used and traversed by automobiles, or unreasonably obstruct or impede the right of travel of such owner or operator while operating, propelling or driving such machines, and no person or persons shall give any signal or signs of distress or danger, or call for assistance upon a person lawfully operating any such machine on any of the public highways of this State, maliciously and without reasonable cause for so doing. Equal rights to use of highway. Forbidden acts. SEC. 27. Be it further enacted, That it shall be a misdemeanor for any person, firm or corporation to make, sell, or issue any license tag or number; and upon conviction, such person, firm or corporation shall be punished as provided by Section 23 of this Act. Unlawful making or selling. SEC. 28. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 30, 1915. WESTERN AND ATLANTIC RAILROAD; LEASING AND DISPOSITION. No. 9. An Act to provide for the leasing or other disposition of the Western Atlantic Railroad and its properties; for the creation of a commission to effectuate such purpose, and to define its powers and duties; making an
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appropriation for the cost of the work required, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, as follows, to-wit: SECTION 1. There is hereby created a Commission to be known as the Western Atlantic Railroad Commission, which shall be composed of the Governor of the State, the Chairman of the Railroad Commission, G. Gunby Jordan, Judson L. Hand and Fuller E. Callaway. W. A. Wimbish is hereby named as attorney and counsel for the Commission, and his salary shall be fixed by the Commission. The Commission so constituted shall perfect its own organization and adopt such rules and employ such methods of procedure as it may deem most expedient to the end in view, subject to such limitations and directions as may be hereinafter expressed. The members of said Commission, other than the Governor and the Chairman of the Railroad Commission, shall receive such compensation as the Governor and the Chairman of the Railroad Commission may fix. In the event that either G. Gunby Jordan, Judson L. Hand or Fuller E. Callaway should decline to accept appointment to the Commission, the remaining members of said Commission shall elect some other person or persons to serve in the vacancy or vacancies thus created. Commission and attorney designated. Salary. Compensation. Vacancies. SEC. 2. The Commission is hereby charged with the duty and is vested with full power and authority, except as herein provided, to ascertain, consider and determine the terms and conditions upon which the Western Atlantic Railroad shall be leased, to become effective on the expiration of the present outstanding lease, to-wit.: December 27, 1919. To this end the Commission shall cause thorough investigations to be made, and such complete data assembled as will enable it to arrive at a fair valuation of the road for leasing purposes, and otherwise to determine the essential facts upon which the lease should be predicated. In any such investigations the Commission is hereby authorized to take evidence, examine witnesses under oath and
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compel the production of books, papers and documents. In execution of this power the Commission shall have the same authority as the superior courts of this State to enforce its orders by subp[oelig]na or otherwise; and the same may be directed to the Sheriff of Fulton County or any other county in this State, whose duty it shall be to serve all summonses and enforce all orders. Said Commission is hereby invested with the same power as is now reposed in superior courts to punish for contempt of its orders. All sheriff's fees for such services as may be performed under the order of the Commission shall be the same as those now provided by law, which shall be paid out of the funds appropriated for the enforcement of this Act. Duties and powers. SEC. 3. The Commission shall, among other things, consider and determine, subject to the provisions of this Act, the following: Specified things to be determined. 1. The term of years for which the lease should run. 2. The amount of the annual rental that shall be required, and the method of its assessment. 3. Whether the property in the hands of the lessee should be taxable, and, if so, to what extent and in what manner. 4. What special consideration should be given the counties through which the road runs as compensation for the costs of litigation, or other special charges that may be cast upon them by reason of the operation of the road. 5. Whether the road should be double-tracked and its grades and curves reduced, together with the estimated cost thereof. 6. An estimate of the character and cost of making such terminal improvements and other changes as would be adequate for the independent operation of the road. 7. What, if any, property is owned by the Western Atlantic Railroad, not useful for railroad purposes, that could be properly and advantageously disposed of separately from the lease of the road. 8. What, if any, steps should be taken to assert the right and title of the State to any part of the right-of-way or
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properties of the road that may be adversely used and occupied. 9. Whether or not it would be wise and expedient to reserve from any of said properties, either at the terminals [Illegible Text] elsewhere upon the line, overhead or underground rights, looking to their subsequent use separate from railroad purposes, with specifications and recommendations thereof. SEC. 4. The Commission shall have the authority and power to appoint and employ a secretary, and such experts and legal counsel as it may deem necessary to enable it to carry out the duties imposed upon it by the terms of this Act, and to prescribe their duties and fix their compensation for services so rendered. Secretary and experts. SEC. 5. Among the duties to be required of the Commission shall be included the following: It shall cause to be prepared, if not otherwise obtainable, complete and accurate surveys, maps, profiles and estimates, showing: Estimates, maps, profiles and surveys for specified objects. 1. The extent, character and use of all terminal properties of the road; the entire line of the road, its grades, curves, elevations, stations, station-grounds, together with the character and condition of the superstructure, rails, ties, bridges, tunnels and other structures. 2. The extent and character of every use or occupation of the right-of-way, tracks and other properties of the road by any person or corporation other than the lessee, and the authority therefor. 3. The properties not used or apparently not useful for railroad purposes, with an estimate of the market value of such properties, and the uses to which they might be applied. 4. Surveys, profiles and estimates of cost necessary to double track the road and reduce its grades and curves; and the time reasonably required therefor; what changes and improvements will be required to provide adequate terminal facilities for the independent operation of the road, and estimated cost thereof, and the time reasonably required for the work.
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5. It shall cause to be made a careful examination into the reports, accounts, statistics and other data relating to the operation of the road for a series of years past, in order to arrive at an estimate of the fair earning power of the road, based upon the character and extent of and revenue derived from the traffic which it has enjoyed and which it may reasonably expect to retain. SEC. 6. Be it further enacted, That the Commission, in pursuance of a resolution to be adopted by a majority of the members thereof in regular meeting assembled, is hereby fully authorized and empowered to lease and contract for the leasing of the railroad properties known as the Western Atlantic Railroad, including the terminals thereof, and its property other than its railroad property, not connected with either of its terminals; and the same may be leased either in its entirety or as a part, whether surface, underground or overhead rights; and the Commission shall recommend and report to the General Assembly what disposition shall be made of the part of the property which the Commission concludes cannot be advantageously leased. Said lease and contract for lease is to be made to a company or corporation or to any party or parties who shall give good and sufficient security as hereinafter provided. Said lease is to take effect and become operative from and after the expiration of the present lease and shall be for a term of not more than fifty (50) years. Power to contract for lease. Time limit. All the terms and conditions upon which said property may be leased shall be determined and prescribed by the Commission, except as may be limited by the provisions of this Act. In order to procure a lessee for the road upon terms that shall be fair and that shall conserve the best interests of the State, the said Commission may either invite competitive bidding or conduct direct negotiations with prospective bidders, or both; and in the event a lease of the road for a period, and at a rental, and upon such terms as shall be satisfactory to the Commission, and in accordance with the other provisions of this Act, can be negotiated, the Commission is hereby fully authorized and
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empowered to agree upon all the terms and details of a formal lease contract, which being prepared and certified to the Governor by the said Commission, shall be executed by him in behalf of the State. The said contract after its execution, together with the certificate, shall be entered upon the minutes of the Executive Department. Terms. Executions and entry of contract. SEC. 6A. The lease of said road made under this Act shall in no wise interfere with the contract now existing between the State and the present lessee. The lessee or lessees under this Act shall receive the road and road-bed, shops, stations and other property leased in its condition at the time the lease contract is made, ordinary and natural wear and tear until the expiration of the present lease excepted. The Commission constituted under this Act shall, within thirty days prior to the making of a lease, with such expert assistance as it may deem advisable, carefully examine the road, road-bed and its appurtenances, and prepare a full and complete report of the condition of the same, which said report shall be filed in the Executive office and recorded on the minutes of said office, and which there-after and in all matters pertinent shall be taken and accepted as stating the true condition of the road at that time. The said Commission shall also include in said report a full and complete inventory of all personal property, rollingstock, equipment, supplies, tools, etc., to be included in the lease, as received from the present lessee, together with a statement of condition and estimated value. Existing lease. Property. Report of condition of property. It is hereby further made the duty of the Commission constituted under this Act to make all settlements and adjustments touching the return of the road, its appurtenances and property of every kind included in the present lease, at the expiration of the same, in accordance with the terms and conditions of the present lease contract, and therefrom and thereafter make delivery to and take receipt from the new lessee under this Act, of all property or properties leased hereunder. Adjustments and settletlements. SEC. 7. Should the Commission be unable to find a lessee for the Western Atlantic Railroad and the other
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property of said railroad upon fair and satisfactory terms and in accordance with the provisions of this Act, the Commission shall make report thereof to the General Assembly at the earliest practicable time thereafter, together with their recommendation as to the most advantageous disposition or use to be made of the road and its property, including the expediency of the extension of the road to the sea. Report, if no lessee found. SEC. 8. The Commission is hereby further instructed and directed to prepare, so that the same may be presented to the General Assembly with the report of the Commission, bills carrying into effect any recommendation which the Commission may make with respect to the taxation of the property while in the hands of the lessee; with respect to the double-tracking of the road, eliminating or reducing its grades and curves, with respect to making such terminal improvement and other changes as would be adequate to the independent operation of the road, if the Commission makes any recommendation in regard to the same; with respect to such property as is owned by the Western Atlantic Railroad, not useful for railroad purposes and which the Commission recommends may be properly and advantageously disposed of separately from the lease of the road; with respect to what steps should be taken to assert the right and title of the State to any part of the right-of-way of any part of the road that may be adversely used or occupied; and with respect to any other recommendations which, in its opinion, and which may require legislation by the General Assembly of Georgia to fully, completely and adequately protect all the interests of the State of Georgia in regard to said road and all of its parts and properties, whether reckoned as surface, overhead or underground rights. Taxation of leased property. Double-tracking, changes, etc. Separate disposal of property. Title to way. Recommendations for legislation. SEC. 9. Be it further enacted, That the said lessee to whom any part of said Western Atlantic Railroad property may be leased shall deposit with the Treasurer of the State of Georgia recognized valid bonds of the State of Georgia or of the United States, of the par value of at
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least the amount of the annual rental of such lessee to the State of Georgia, and should said bonds so deposited by the lessee at any time depreciate in value below their par value, or be reduced in payment of penalty in the nature of a forfeit, such lessee shall, within thirty days, make good said deposit on being notified thereof by the Governor, by the deposit of other bonds of like kind as above, so that bonds at par and market value of at least the amount of the annual rental of such lessee shall at all times be deposited by such lessee with the Treasurer, as aforesaid, and in default thereof the Governor may, in his discretion, declare such lease forfeited, with all the incidents of forfeiture herein provided. It shall be the duty of the Governor and Treasurer, and such other person as now or may hereafter be charged by law with the special duty of protecting and preserving the rights of the State of Georgia in regard to said property and in seeing to it that such lessee strictly complies with the obligations of the lease, from time to time to inquire into the value of said bonds so deposited, and report the same to each session of the Legislature, and said bonds shall be held as collateral security by the State for the faithful performance of all the terms, obligations and covenants of such lessee. Deposit of bonds of lessee. Report of value of bonds. SEC. 10. Be it further enacted, That the bonds deposited under the requirements of Section 9 of this Act shall be regarded merely as collateral security for the faithful performance, by the lessee depositing such bonds of the terms of such lessee's lease contract, and shall not be held as exhaustive of other rights of the State, as lessor. And after said bonds have been applied, in whole or in part, as damage penalty or forfeiture, for any act done, or omitted to be done, or any violation of the terms of the lease as herein provided, the original party to the lease, whether corporation, person or persons, as well as the company chartered hereby, as the Western Atlantic Railroad, shall be liable further to the State of Georgia for any damage caused by any breach or forfeiture under such contract by such lessee. In addition to the deposit as security required
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by the terms of this Act and the personal and corporate liability imposed by the terms of this Act, the Legislature may at any time require the lessee or lessees to enter into bond with good security to be approved by the Governor, in such sum not to exceed the amount of the annual rental of the lessee from whom such bond is required, as the Legislature may deem necessary to fully protect the interest of the State. Bonds mere collateral. Additional liability of lessee. SEC. 10A. In case the lessee or lessees under this Act shall fail or refuse to pay whatever sum may be agreed upon according to the provisions of this Act as a monthly rental to the Treasurer of the State, and as specified in the lease contract entered into with said lessee within twenty days after the time named and agreed upon in said lease contract for the payment of such monthly rental, the lessee or lessees shall forfeit to the State six months' rental as damages, to be collected out of the bonds deposited under this Act and as collateral security for the payment of said rental. For failing or refusing to comply with said lease contract, or for breach of any of the covenants or conditions of said lease contract by the lessee, the Governor, at his option, may declare the lease forfeited and take immediate possession of said road and its appurtenances; and if any resistance is offered by the lessee or lessees, it shall be the duty of sheriffs of all counties in this State through which said railroad runs to aid the Governor, with the posse comitatus of their respective counties, to take possession and expel the lessee or lessees who have failed or refused to make payments when due as aforesaid, or who have by omission or commission violated the conditions and covenants of said lease; and in ten days after he has terminated the lease and taken possession of the road for the State, the Governor shall apply the remaining bonds deposited, as damages on account of the forfeiture, as far as the same may go. Forfeiture on failure to pay rental, or to comply with contract. SEC. 11. Be it further enacted, That as soon as the terms of lease are agreed upon between the Commission and lessee or lessees, the name or names of the company
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or corporation or parties leasing the road and its appurtenances, shall be entered on the minutes of the Executive Department as the persons or corporations proposing to take said lease, and the lease shall also be recorded in the Executive Department, and a receipt given to the State by the lessees under this Act, for all the property turned over to them. The persons, association or corporation accepted as lessees under this Act, if not already a corporation created under the laws of Georgia, shall from the time of such lease being entered on the Executive Minutes, and until after the final adjustment of all matters springing out of said lease contract, become a body politic and corporate under the laws of this State, under the name and style of the Western Atlantic Railroad, which body corporate shall be operated only from the time of their taking possession of said road as lessees; and it shall have the power to sue and be sued on all contracts made or to be performed, and all torts committed, by said company, in like manner and time and place as other railroad companies operating railroads in this State may sue and be sued, after the execution of said lease or for any cause of action which may accrue to said company or to which it may become liable. Entry, record and receipt. Incorporation of lessee. After said lease is executed, said company shall have power to make all rules, by-laws and regulations for the government of said company, and for the working and management of said road, which are necessary and usual with railroad companies in this State, and which are not in conflict with the laws and Constitution of this State, or of the United States. The principal office and place of business of said company shall be in this State; provided, that nothing in this Act shall be construed as an amendment of the charter of any corporation which may lease said road. Provided further, that if the said lessee of said corporation is already incorporated under the laws of Georgia, it shall operate said railroad as the Western Atlantic Railroad; such lessee may be sued on any contract or cause of action arising out of said lease for the operation of said road, in any county in which said road runs. Rules, etc., power of lessee to make. Principal office. Venue of actions.
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SEC. 11A. The said lessee shall not sublet or re-lease the said Western Atlantic Railroad, or any part thereof, without the approval in writing of the Governor of the State; provided, however, that the Commission herein created shall have the power and authority to prescribe the terms and conditions under which the tracks may be used by other railroads in cases of emergency. All improvements, betterments or additions to, in, or upon the said road or any part thereof, or any part leased thereunder, made by the lessee or its tenants, shall become, upon the expiration of the lease, part of and belong to the State of Georgia. Subletting. Betterments. SEC. 11B. No lease shall be executed which does not reserve to the State the power to authorize the laying out, building and construction of such ways, streets, roads, bridges or viaducts across or along the properties leased as may be deemed to be to the interest of the people of Georgia, without let or hindrance, and without liability over to the lessee by abatement of lease, money or otherwise. Reservation of right to ways, streets, bridges, etc. SEC. 12. Be it further enacted, That the railroad-shops of the Western Atlantic Railroad shall not be removed beyond the State of Georgia, and the principal office of the Western Atlantic Railroad shall be within the limits of the State of Georgia. Shops in Georgia. SEC. 13. Be it further enacted, That said Commission in leasing said railroad may make provision for the lessee to pay the annual county tax to each county through which said railroad runs according to the tax rate of said county for each year, on the value of the property of such railroad in such county. County tax. SEC. 14. The members of the Commission shall receive their expenses while away from home upon the business of the Commission. Expenses of commission. SEC. 15. For the purpose of carrying this Act into full effect and meeting the expenditures herein authorized to be incurred, there is hereby appropriated the sum of twenty-five
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thousand dollars ($25,000.00), or so much thereof as may be necessary, payable out of the funds in the Treasury of the State, not otherwise appropriated, upon warrant of the Governor. Appropriation for expenditures. SEC. 16. Be it further enacted, That said Commission is empowered, authorized and instructed to make report by the fourth Wednesday in June, 1917, to the General Assembly, and if practicable, by the fourth Wednesday in June, 1916, upon the following matters: Report of Commission to General Assembly on specified subjects. First. Upon the feasibility and desirability of extending the Western Atlantic Railroad to the sea. Second. What real estate the State of Georgia owns on the coast, which would be available for deep water terminals for the Western Atlantic Railroad, its acreage and exact location, and also depth of surrounding waters, and its accessibility to ocean vessels. The said Commission is further instructed to furnish like information as to the nearest water-front property to that which may be owned by the State; also the cost of purchasing other property of equal facility for use as deep water terminals for the Western Atlantic Railroad. As part of this report on deep-sea terminals, the said Commission will submit such maps, coast surveys, and other data of like character as may be found necessary to the extent of showing the location, adaptability of such real estate as above set forth, for general terminal use for the Western Atlantic Railroad. Third. Said Commission shall secure, as far as may be possible, complete information of any survey or surveys which have been made from any point on the coast of Georgia towards Atlanta; also of any prospective railroad or railroads, together with maps showing the mileage surveyed as well as constructed; also counties traversed and to be traversed; also estimate of cost of construction, character and kind of construction, and material used. To secure all such information as will show the cost per mile, likewise the entire cost of such railroad building and equipping, the Commission is instructed to invite and receive all such information from any reliable source, and to investigate.
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Four. Said Commission is further empowered, authorized and instructed, if necessary, to employ one or more competent persons to assist in making report to determine the reasonable cost and probable earning power and value of said road to the people of Georgia as an extension of the Western Atlantic Railroad to deep water. Five. Said Commission shall make inquiry of the county authorities of the counties lying between Atlanta, Georgia, and the seaboard and learn to what extent the counties, through convict labor or otherwise, would aid the State in constructing extension of the Western Atlantic Railroad to the sea. Six. If there should be any person, or association of persons, or corporation, who might desire to submit a proposition to construct or submit plans for the construction of the extension of the Western Atlantic Railroad to the [Illegible Text] the said Commission is authorized to receive same, in writing, covering the construction and equipping of said extensions. SEC. 17. The lessee or lease company hereunder shall be subject to, and required to observe and obey, all just and reasonable rules, orders, schedules of freight and passenger tariffs as may be prescribed by the laws of this State, or the Railroad Commission of Georgia, in like manner and to the same extent as other railroads in this State. It is hereby made the duty of the Railroad Commission, representing the State, to supervise and regularly inspect the said road and its properties and its operation under this lease, and to see that the road and properties leased are kept, preserved, cared for, maintained and operated in accordance with the provisions of this Act and terms of the lease contract, and to report to the Governor any violations thereof or any failure or dereliction on the part of the lease company thereunder, together with its recommendations concerning such; and the said commission is hereby invested with all necessary powers to enable it to fully and efficiently discharge the special supervisory duties, as the State's representatives, herein imposed. In addition to
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such reports as may be required by the Railroad Commission of the lease company under its general regulatory powers as to railroads and other common carriers doing business within this State, the said railroad commission may require of the lease company such special reports as to operation, earnings, upkeep, maintenance, improvements, condition of, additions to, or changes in said railroad or other properties leased, its equipment, rolling-stock, etc., as it may deem necessary or proper. Lessee subject to laws, rules and orders as to tariffs. Supervisory duty of Railroad Commission. SEC. 18. Be it further enacted, That all vacancies in said Commission, either by death, resignation or otherwise, shall be filled by appointment by the Governor of said State. Vacancies in Commission. SEC. 19. Be it further enacted, That the Commission created by this Act shall make full report to the General Assembly, when it meets in 1916, of what it has done up to that time, and annually thereafter until it has completed its duties under this Act, or shall have been discharged by joint resolution of the General Assembly. Report to General Assembly in 1916. SEC. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved November 30, 1915.
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PART IIRESOLUTIONS
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RESOLUTIONS. Appropriation for Committee of Russell Investigation. Appropriation for Committee to Visit School for Deaf. Appropriation for Expenses of Extra Session. Appropriation for Fire Damage in Capitol. Appropriation for Military Department. Appropriation for Pension of Mrs. Hargett. Audit of Accounts of Departments and Institutions. Committees Authorized to Visit Institutions. Hon. Hooper Alexander Thanked for Services. Memorial to Congress on Development of Waterways. Portrait of Hon. Thomas G. Lawson. Unfinished Business of General Assembly. Warehouse System Legislation. Western and Atlantic Railroad; Record of Judgment of Commissioners. APPROPRIATION FOR COMMITTEE OF INVESTIGATION. No. 3. A RESOLUTION. WHEREAS, The House ordered an official investigation, at the last regular session, of certain charges against Hon. R. B. Russell, Judge of the Court of Appeals, and authorized the employment of a stenographer to report the evidence in said investigation, and a sergeant-at-arms to summon witnesses; and whereas certain expenses were incurred under and by virtue of said resolution: Preamble. Now, therefore, the sum of $150.00 is hereby appropriated, or so much thereof as may be necessary, for the purpose of paying the bill of the stenographer reporting said matter, the expense account of non-resident witnesses, and such other expenses as were actually incurred in said investigation, to be paid out only upon properly itemized vouchers; and the Governor is hereby authorized to draw warrants in favor of the parties so entitled for the amounts of their respective accounts. Amount to pay actual expenses. Approved November 27, 1915.
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APPROPRIATION FOR COMMITTEE TO VISIT SCHOOL. No. 5. A resolution to provide for the payment of the sum of three hundred, eighteen and 68-100 dollars, being per diem and expenses of a committee appointed by the House, at its regular session of 1915, to visit the Deaf and Dumb School at Cave Spring. WHEREAS, A committee appointed under House Resolution Number 52, at the regular session, 1915, to visit the Deaf and Dumb School at Cave Spring, have made said visit; and Preamble. WHEREAS, Said resolution failed to provide for the per diem and expenses of said members: Therefore, Be it resolved, That said sum of three hundred and eighteen dollars and sixty-eight cents be and the same is hereby appropriated. Amount. Approved November 27, 1915. APPROPRIATION FOR EXPENSES OF EXTRA SESSION. No. 10. A resolution providing for the payment of the incidental expenses of the House and Senate for the extraordinary session of 1915. Be it resolved by the House of Representatives, the Senate concurring, That to pay the incidental expenses of the extraordinary session of the General Assembly of 1915, the sum of twenty-five dollars for the House of Representatives and the sum of twenty dollars for the Senate, or so
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much thereof, respectively, as may be needed, be and the same is hereby appropriated, to be paid on itemized accounts accompanied by properly receipted vouchers for the payments made, and presented to the Governor by the Clerk of the House of Representatives and the Secretary of the Senate. Incidentals. Resolved further, That the sum of fifty dollars is hereby appropriated to pay the Journal Clerk of the House of Representatives and the Journal Clerk of the Senate, each the sum of twenty-five dollars, for indexing the Journals of the extra session of the General Assembly. Indexing Journals. Approved November 27, 1915. APPROPRIATION FOR FIRE DAMAGE. No. 12. A RESOLUTION. WHEREAS, On the twelfth day of September, 1915, a fire occurred in the offices occupied by the Department of Commerce and Labor, doing considerable damage to the walls and flooring of said offices and the furniture and fixtures therein; and WHEREAS, No insurance is carried on the Capitol building, and WHEREAS, The insurance on said furniture and fixtures was adjusted to the amount of $519.65: therefore, be it Resolved by the House of Representatives, the Senate concurring, That the amount of said insurance, or so much thereof as may be necessary, be and the same is hereby directed to be applied to the use of the Department of Commerce and Labor, under the direction of the Governor, for the purpose of making such repairs and improvements as may be necessary, and restoring the furniture and fixtures. Application of insurance money. Approved November 27, 1915.
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APPROPRIATION FOR MILITARY DEPARTMENT. No. 2. A resolution to make an appropriation of $5,376.15 to supply a deficiency in the appropriation for the Military Department of the State for 1915, to cover expenses of Military Department incident to riot duty, June 21-28, 1915, and for other purposes. WHEREAS, The Governor did, on the 21st day of June, 1915, order out a portion of the militia of the State for the enforcement of the law, pursuant to the terms of Paragraph 1434 of the Code, and the Adjutant-General and Chief of Staff have certified in an itemized statement of the actual expenses incurred, that the sum of five thousand, three hundred, seventy-six and 15-100 dollars was so actually expended in the payment of soldiers, transportation, subsistence, horse-hire, forage and other incidental items necessarily incident to said riot duties: Preamble. Be it resolved by the House of Representatives, the Senate concurring, That the sum of five thousand, three hundred, seventy-six and 15-100 dollars be and it is hereby appropriated to the Military Department of the State, to become immediately available, for the payment of said items; and the Governor is hereby authorized to draw his warrant for said amount upon any fund in the Treasury of the State. Amount immediately available. Approved November 26, 1915. APPROPRIATION FOR PENSION OF MRS. HARGETT. No. 14. A RESOLUTION. WHEREAS, L. C. Hargett, of the county of Harris, was on the indigent pension roll of said county, and that he died
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on the 17th day of October, 1913, leaving a widow surviving him, and Preamble. WHEREAS, The said widow, Harriet C. Hargett, very feeble and greatly bereaved, relied on the ordinary of said county to look after and make out her application to be placed on the pension rolls in her own right, she having married her said husband in the year 1860; and WHEREAS, The said application was not made, through no fault of hers, until after November 1st, 1913, and filed in said pension office after the 1st day of November, deprived her, under the ruling of the Commissioner of Pensions, of her pension for 1914, which was duly approved for 1915: Be it resolved, therefore, That the sum of sixty ($60.00) dollars be and is hereby appropriated to pay the pension of Mrs. Harriet C. Hargett, of Harris County, for the year 1914; and that the Governor is authorized to draw his warrant on the Treasury of the State of Georgia for saio sum, to be paid out of any funds in the Treasury. Pension payable for 1914. Approved November 30, 1915. AUDIT OF ACCOUNTS OF DEPARTMENTS, ETC. No. 1. A RESOLUTION. Resolved by the Senate, the House concurring, That the Governor of Georgia is hereby authorized and requested to have a thorough audit made, by a certified public accountant, of the various departments and institutions supported by State appropriations covering a period from January 1, 1914, to January 1, 1916, and report the result to the General Assembly next June, at the opening of the regular session. Provided, however, the cost of said audit shall not exceed the sum of $5,000.00; and shall only be
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made if, in the discretion of the Governor, said audit shall be deemed necessary for the best interest of the State. Approved November 20, 1915. COMMITTEES AUTHORIZED TO VISIT INSTITUTIONS. No. 7. A JOINT RESOLUTION. Be it resolved by the Senate, the House concurring, That the various committees of the Senate and House are hereby authorized to visit the different institutions of the State during vacation, make proper investigations of same, and that they receive the regular per diem and expenses incurred during such visits. Approved November 27, 1915. HON. HOOPER ALEXANDER THANKED FOR SERVICES AS TO TITLE TO STATE'S PROPERTY. No. 13. A RESOLUTION. WHEREAS, The Western Atlantic Railroad is Georgia's richest material asset, worth millions of dollars to the State in its present status, and untold millions in its future possibilities; and Preamble. WHEREAS, The income annually accruing from this magnificent property is applied in part to the support of our common schools, enabling thousands of children of Georgia to obtain an education; and
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WHEREAS, The Honorable Hooper Alexander, in his sleepless devotion to Georgia's welfare, has rescued from neglect, decay and oblivion, and presented to the State for secure and safe keeping, a record of priceless value to the State, affecting in a most vital manner the validity of the State's right and title to this magnificent property, said record containing both the evidence and the finding of a special commission appointed to determine the rights to certain property in the city of Atlanta between the Central of Georgia Railway and the State of Georgia, said commission having determined this controversy in favor of the State and in confirmation of its title to said property; and WHEREAS, This record is essential to the maintenance of the State's right and title to said property should a controversy in future ever arise; and WHEREAS, This service is only one of many rendered by Mr. Alexander to the State, especially in connection with said Western Atlantic Railroad: Therefore, Be it resolved by this House, the Senate concurring, That the patriotic service rendered by Mr. Alexander to the State is hereby acknowledged, and that the Clerk of the House and the Secretary of the Senate be authorized to transmit a copy of this resolution to Mr. Alexander, and that to this resolution the signatures of the Governor, the President of the Senate and the Speaker of the House, the Secretary of the Senate and the Clerk of the House be attached, in further recognition of the patriotism, vigilance and fidelity of this distinguished Georgian. Acknowledgement and direction to transmit copy. Approved November 27, 1915.
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MEMORIAL TO CONGRESS ON DEVELOPMENT OF WATERWAYS. No. 11. A RESOLUTION. WHEREAS, We believe the people of the United States should never become a warlike people, yet John Hay was right when he said: No chip on the shoulder, no swaggering before the world, but a firm stand, and deeds when deeds are necessary. Preamble. WHEREAS, We feel a national pride in that wisdom and patriotism which have so marked President Woodrow Wilson as one of the greatest and safest statesmen in the history of our country. WHEREAS, In the country's plans of preparedness for national defense as stated by President Wilson, We can and should profit in all that we do by the experience and example that have been made obvious to us by the military and naval events of the actual present, especially in the country of Germany, and WHEREAS, Germany has so notably employed her natural resources for national defense and especially in the example of her taking the nitrogen from the atmosphere not only to manufacture her needed explosives, but also for the fertilization of her food crops, thus making her independent of her former supply of nitrates from Chile: Therefore, by this joint resolution be it Resolved by the Legislature of the State of Georgia: (1) That we strongly approve and pledge ourselves to support those ideals and principles for practical and adequate preparedness, so patriotically and wisely enunciated by President Wilson in his late speech before the Manhattan Club of New York City. Preparedness for national defense. (2) That any plans of preparedness for national defense which Congress may consider and finally adopt should
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include, as far as possible, the economic development of those natural resources of our country which will not only contribute to national defense in times of war, but to the nation's prosperity and wealth in times of peace. (3) Therefore, we especially urge upon the Senators and members of the lower House of Congress from the State of Georgia that they press upon the attention of President Wilson and Secretaries of War and Agriculture and urge upon the Naval and Military Committees and the Agricultural Committees of both Houses of Congress the serious consideration of the great water-powers in the Chattahoochee River, the Coosa River, the Savannah and Ocmulgee Rivers, Tallapoosa River and notably at Muscle Shoals in the Tennessee River, which can be developed by the building of locks and dams and not only improve the navigation of these streams, so long neglected and greatly needed, but also with these cheap water powers provide the nation with its needed nitrates for explosives in times of war and provide the farmers with their needed nitrogen for the fertilization of their crops in times of peace. Consideration of water-powers in rivers. (4) The economic importance of considering the utilization of these water-powers in connection with the nation's plans for national defense is measured by the important fact that this country has imported Chilean nitrates since the year 1867, to include eleven months of the fiscal year 1915, amounting in value to $261,990,054.86, and on these importations, the manufacturing and farming interests of the United States. for the same period, paid an export duty to the country of Chile, of approximately $90,000.00. Chilean nitrates. (5) That our armor-making plants; that our ship-building concerns; that our gun-making plants and our powder-making factories, especially the production of nitrogen for powder making, should not be all closely concentrated in a narrow strip of country from 200 to 300 miles in length and extending on an average less than 100 miles in the interior of the country from the coast, as is now the case, from Connecticut to Virginia; and the Legislature of the State of Georgia respectfully declares that it is the
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duty of Congress, in adopting any plan of preparedness for national defense, to consider the economic development in other sections of the country, and especially in the South, where, in her navigable streams are to be found water powers of the magnitude and cheapness that when developed will permit the largest use and scientific application of electricity through the electric furnace, which has contributed so wonderfully to Germany's national defense. Armor and ship-building. (6) That the Governor of the State is hereby requested to select and name fifteen (15) representative citizens from the State of Georgia to visit Washington during the coming session of Congress and advocate the usefulness and efficiency of this joint resolution passed by the Legislature of this State for the economical and practical preparedness of this country for national defense. Visitors to session of Congress. Approved November 27, 1915. PORTRAIT OF HON. THOMAS G. LAWSON. No. 6. A resolution tendering the oil portrait of Thomas G. Lawson, late of Putnam County, Georgia, to the State. WHEREAS, The Honorable Thomas G. Lawson, late of Putnam County, Georgia, served the State of Georgia ably in the House of Representatives and the Senate of the State. in the Congress of the United States, as judge of the Superior Courts of the Ocmulgee Circuit, as a member of the State Board of Education at the time of his death, and in many other positions of honor and trust; and Preamble. WHEREAS, The family of the late Honorable Thomas G. Lawson tender, as a gift to the State of Georgia, an elegant oil portrait of the aforesaid distinguished citizen of the State:
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Therefore, be it resolved by the House of Representatives, the Senate concurring, that the same be and is hereby accepted, with the thanks of the General Assembly; and that the proper authorities be instructed to place the same upon the walls of the rotunda of the Capitol upon its delivery. Acceptance with thanks. Approved November 27, 1915. UNFINISHED BUSINESS OF GENERAL ASSEMBLY. No. 9. A RESOLUTION. Resolved by the Senate, the House of Representatives concurring, That the President of the Senate and the Speaker of the House of Representatives, the Secretary of the Senate and the Clerk of the House of Representatives be and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Officers designated. Resolved, That the chairmen, respectively, of the enrollment and auditing committees of the Senate and House, together with the members of the Senate Enrollment Committee, and four members of the House Enrollment Committee, to be designated by the chairman thereof, and two members of the Senate Auditing Committee, and two members of the House Auditing Committee, to be designated by the chairman thereof, and the chairman of the Senate Engrossing Committee and two members of the Senate Engrossing Committee, to be designated by the chairman thereof, and the chairman of the House Engrossing Committee and two members of the House Engrossing Committee, to be designated by the chairman thereof, be and they
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are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Chairmen and members of committees. Resolved, further, That the postmistress of the House be and she is hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, for the purpose of distributing and forwarding members' mail, and that she be allowed her per diem for said time. Postmistress. Resolved, further, That two porters of the Senate and three porters of the House be and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly and that they be allowed their per diem for said time. Porters. Approved November 27, 1915. WAREHOUSE SYSTEM LEGISLATION. No. 4. A RESOLUTION. WHEREAS, It is of fundamental importance to protect our farmers and their cotton, when harvested, in every possible way, since our agricultural products are the basis of wealth; and Preamble. WHEREAS, It is the general belief that a safe and sane system of warehouse legislation is needed by the fall of 1916; and WHEREAS, It is the desire of this body to perfect such legislation in time to be of service by next fall: Therefore, be it resolved by the Senate, the House concurring, That a committee of three from the Senate and five from the House be appointed to consider the warehouse
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question during vacation, and without expense to the State, and submit, for action at the next regular session of the Legislature, a warehouse bill that in the judgment of said committee will best meet the needs of our farmers and other business interests of the State. Joint committee to submit bill at next session. Approved November 27, 1915. WESTERN ATLANTIC RAILROAD; RECORD OF JUDGMENT OF COMMISSIONERS. No. 8. A resolution to provide for the record of a certain judgment and finding of a special tribunal appointed to decide upon the disputed title of certain property belonging to the Western Atlantic Railroad, and to provide for the custody of the original proceedings in the cause. WHEREAS, By resolution of the General Assembly, approved December 18th, 1894, the Governor was authorized to create a special commission for the purpose of hearing, considering and finally determining any and all matters of controversy and issues, both of law and of fact, between the State of Georgia and any person or persons, affecting or relating to the Western Atlantic Railroad, its rights, ways and properties; such commission to consist of three citizens of high character and ability, to be appointed by the Governor; and Preamble. WHEREAS, A certain matter in controversy between the State of Georgia and the Central of Georgia Railway Company was, in the year 1895, in pursuance of said authority, duly submitted to a special commission composed of Hon. John L. Hopkins, Hon. T. R. Jones and Hon. H. W. Hill, appointed in pursuance of said Act; which matter was the title to a certain triangle of land in the City of Atlanta, between Whitehall and Pryor Streets, claimed both by said
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Central of Georgia Railway Company and the State of Georgia; and WHEREAS, Said matter was duly heard by said commission at a session beginning August 8th, 1895, and, after evidence and argument, was adjudicated by said commissioners in favor of the State of Georgia by a judgment signed by said commissioners, October 4th, 1895; and WHEREAS, There is no provision of law for the record of said finding or the official custody of said original papers: Therefore, be it resolved by the House, the Senate concurring, That the Governor is authorized and directed to have said finding recorded on the Executive Minutes and also in deed record of Fulton County; and the Clerk of the Superior Court of Fulton County is directed so to record the same. Record on Executive Minutes and on deed book. Be it further resolved, That said records, or either of them, shall have the same force and effect as notice of said finding, as though the same were a properly attested deed, and shall make a certified copy of said record admissible in evidence without other proof. Effect as evidence. Be it further resolved, That the original pleadings in the cause and the report of the evidence and proceedings be deposited for custody in the office of the Railroad Commission. Deposit of pleadings, etc. Approved November 27, 1915.
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INDEX LAWS OF 1915 EXTRAORDINARY SESSION
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A ACADEMY FOR THE BLIND Appropriation for 50 ACCOUNTS OF DEPARTMENTS AND INSTITUTIONS Auditing of, provided for 139 ADVERTISING Intoxicating liquors, advertisement of, prohibited 105 AGRICULTURAL AND MECHANICAL SCHOOLS Appropriation of additional funds for 69 Appropriation, regular 54 Governor's message 21 AGRICULTURAL DEPARTMENT Appropriations for 56 ALEXANDER, HOOPER Resolution of thanks for services 140 APPROPRIATIONS Agricultural and Mechanical Schools, support of 69 Amounts, no direct or indirect increase of 65 Capitol and Executive Mansion, repairs of, 66 Committee of Russell investigation, expenses of 135 Committee to visit School for Deaf, expenses of 136 Extra session of Legislature, expenses of 136 Fire damage in Capitol; application of insurance 137 General expenses of the government, provided for 43 , 65 Georgia Experiment Station; maintenance and expenses 66 Georgia Training School for Girls; maintenance, etc. 68
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Governor's proclamation and recommendations as to 6 , 13 Military department, expenses of riot duty 138 Payable from specified funds 65 Pension of Mrs. H. C. Hargett 138 State Normal School; for infirmary 67 Western Atlantic Railroad Commission 129 ATTORNEY-GENERAL Appropriations for salaries of office 44 , 45 AUTOMOBILES Message and recommendation by Governor 36 Regulation, license, tax, penalties, etc. 107 B BANK EXAMINER (SEE STATE TREASURER). BOARD OF HEALTH (SEE STATE BOARD OF HEALTH). BREWERIES Manufacture of malt liquors prohibited 80 C CAPITOL Appropriation for repairs, etc. 66 Fire damage; insurance money applied 137 CARRIERS Intoxicating and malt liquors, prohibition as to shipment of 90 CLUBS AND FRATERNAL ORDERS Liquors, prohibition of keeping and serving 80 , 81 COMMERCE AND LABOR DEPARTMENT Appropriations for 44 , 45 COMMITTEES OF GENERAL ASSEMBLY Authorized to visit institutions in vacation 140 COMPTROLLER-GENERAL Appropriations for salaries of office 44 , 45
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CONTINGENT FUND Appropriation for 45 Message and recommendation as to 14 D DEFICIENCY APPROPRIATIONS Governor's message as to 16 Sundry matters provided for 66 , 70 E ENTOMOLOGY AND HORTICULTURE Appropriations for 5 , 58 EXECUTIVE DEPARTMENT Appropriations for 44 Salaries payable monthly 45 EXECUTIVE MANSION Appropriation for repairs, etc. 66 EXPENSES OF GOVERNMENT Appropriations for 1916 and 1917 43, 65 EXTRAORDINARY SESSION OF LEGISLATURE Appropriation of expenses of 136 Message of Governor to 11 Proclamation by Governor calling 5 F FISH, OYSTERS, PRAWN, SHRIMP, ETC. Governor's message and recommendation 34 Protection; regulation of catching, etc. 71 G GAME AND FISH COMMISSIONER Authority and duty as to salt-water fish, oysters, etc. 72 GENERAL APPROPRIATION ACT For fiscal years 1916 and 1917 43
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GENERAL ASSEMBLY Appropriation for expenses of extra session 136 Message of Governor to 11 Proclamation by Governor calling 5 GEOLOGICAL DEPARTMENT Appropriation for 58 GEORGIA EXPERIMENT STATION Appropriation for 63 , 66 GEORGIA TRAINING SCHOOL FOR GIRLS Appropriation for 68 Governor's recommendation 15 GOVERNOR Message to General Assembly 5 Proclamation calling extra session of Legislature 11 H HARGETT, MRS. H. C. Appopriation for pension of 1914 138 I INSURANCE Application of money to fire damage in Capitol 137 Appropriation for, upon public buildings 64 Governor's message relating to 18 INSURANCE DEPARTMENT Appropriations for 44 , 45 INTOXICATING LIQUORS Advertising in all forms prohibited 105 Carriers, prohibition of delivery by 90 Keeping for sale prohibited 77 , 80 , 100 Keeping for use, how far prohibited 80 , 92 Manufacture and sale absolutely prohibited 77 Solicitation of orders for, prohibited 105 Taxation of substitutes, repeal of law as to 76
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INVESTIGATING COMMITTEE R. B. Russell investigation; expenses provided for 135 J JUDICIAL DEPARTMENT Appropriations for 46 L LAWSON, THOMAS G. Portrait of, accepted with thanks 144 LEGISLATIVE DEPARTMENT Appropriations for 47 LIBRARY (SEE STATE-LIBRARY). LICENSES Automobiles and drivers 109 , 114 Fish and oysters, for catching 73 LIQUORS (SEE INTOXICATING LIQUORS). M MALT LIQUORS Reception and keeping for use restricted 90 Sale and keeping for sale prohibited 79 MEMORIAL TO CONGRESS As to development of waterways, etc. 142 MILITARY DEPARTMENT Appropriation of expenses of riot duty 138 Appropriation, general 62 Message and recommendation by Governor 17 MOTOR VEHICLES AND MOTORCYCLES Governor's message and recommendation 36 Regulating use of highways; licensing and taxation; inspection; penalties, etc. 107
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N NEAR-BEER Sale and keeping for sale prohibited 77 Taxing law repealed 76 NORMAL SCHOOL AT ATHENS Appropriation for infirmary 67 Governor's message 20 NORTH GEORGIA AGRICULTURAL COLLEGE Appropriation for 53 Governor's message as to 21 O OYSTERS Protection; regulation of catching, etc. 71 P PENSIONS Appropriation, general 59 Appropriation for Mrs. H. C. Hargett, for 1914 138 PRAWN Protection; regulation of catching, etc. 71 PRINTING FUND Appropriation for 64 Governor's message and recommendation 16 PRISON DEPARTMENT Appropriations for 58 PROCLAMATION BY THE GOVERNOR Convening extra session of General Assembly 5 PROHIBITION Governor's message to Legislature 24 Intoxicating liquors 77-107 PUBLIC BUILDINGS AND GROUNDS Appropriation for 63 Message and recommendation by Governor 16
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R RAILROAD COMMISSION Appropriations for 59 RECORD Western Atlantic Railroad; provision for recording judgment of commissioners 147 REGISTRATION Motor vehicles and chauffeurs 107 RESOLUTIONS Adopted by General Assembly 135-148 REWARD FUND Appropriation for 64 S SALARIES AND EXPENSES OF GOVERNMENT Appropriations for 43 Extra compensation forbidden 65 Monthly payment to Executive Department 45 SANITARIUMS Appropriation for Georgia State Sanitarium 50 Appropriation for Tuberculosis Sanitarium 51 Governor's recommendations 15 SCHOOL FOR THE DEAF Appropriation for 50 Expenses of visiting committee provided for 136 SCHOOLS Appropriations for 50 , 55 SECRETARY OF STATE Appropriations for salaries 44 Motor-vehicles, ex-officio commissioners of 108 SHRIMP Protection; regulation of catching, etc. 71 SOLDIERS' HOME Appropriation for 51
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STATE BOARD OF HEALTH Appropriations for 62 STATE LIBRARY Appropriations for 61 STATE NORMAL SCHOOL (SEE NORMAL SCHOOL AT ATHENS). STATE SANITARIUM FOR TUBERCULOSIS Appropriation for 51 Message and recommendation as to 15 STATE TREASURER AND BANK EXAMINER Appropriations for salaries 44 , 45 T TAXATION (SEE LICENSES). Motor-vehicles 107 Substitutes for intoxicants; repeal of taxing laws 76 TAX COMMISSIONER Appropriations for 45 TECHNOLOGICAL SCHOOL Appropriation for 52 Governor's message relating to 20 TERRAPINS Protection; regulation of catching, etc. 71 TURTLES Protection; regulation of catching, etc. 71 U UNFINISHED BUSINESS OF LEGISLATURE Authorizing officers to remain for disposal of 145 UNIVERSITY OF GEORGIA Appropriations for 52 Governor's message relating to 19
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W WAREHOUSE SYSTEM LEGISLATION Committee to investigate and report as to 146 Governor's message and recommendation 32 WESTERN ATLANTIC RAILROAD Commission designated 120 Judgment of commissioners, resolution for record of 147 Lease or other disposal provided for 119 Message and recommendation by Governor 28