Newspaper Page Text
ATKINSON TO TUB
GI'NER Al. ASSEMBLY
Chief Magistrate Sends In His
Annual Communication.
B MANY RECOMMENDATIONS MADE
V State of Georgia,
I Exe< i tive Office.
■ An As i a. Gn„ Oct. 27, 1x97
I Gentlemen of the General A-i-mbly:
I During tin- session upon which von now
■ filter matters of great interest to the peo
of tli< state must be considered ami
upon by you. It has been many
since so many grave quest ions tie
I mandril consideration by a general as
■embly.
NORTHEASTERN RAILROAD.
Ou May . 1896, after advertising for
bids as directed in .act, authorizing a leas--,
th ■ Northeastern railroad was leased to
E. A. Richards fir Co. at the sum of $lB *><*()
per annum, payable quarterly, for a term
of 20 years front .Jti• eJ, isqy, ;in( ] a bond
taken in conformity t > law
Ihe rent was paid for two quarters.
When the rent for the third quarter fell
due on March 1, 1897, it was not. paid, and
when the two months’ time, in which they
were permitted under the law to pay this,
had expired, the rent was still unpaid
By virtue of authority tested in me 1
then seized the road and have since oper
ntvil it for the state under the direct man
agvment of Hon. R. K. Reeves, who was
appointed by me State age t
The net earnings from May to Septem
her. 1897, were $6.01?.44
1 Under pres -nt c iiditions we can safely
rely Upon (the net earnings of) the road
earning a good income on the sum at
k which it was purchased by the state, to-
I wit; sdid$ did,ton, and it will more than pay
i Interest on the series of bonds issued to
k retir>: the $.'87,001 of bonds on said road,
which the state of Georgia was in
As this is a short and depend nt line,
and in view of possible changes inthera’l
road situation which might impair and
possibly destroy its value, I recommend
that an act be passed authorizing the gov
ernor, at his discretion, to idler it for sale
whenever, in his opinion, it can be sold for
V the amount of the bonds issued by the
V- stale to cancel the series above mentioned.
RAILROAD COMMISSION.
Your special attention is called to that
part of the report of the railroad commis
sinners in which legislation is recoin
1 mended to enlarge their powers, and to
bid ter enable t hem to enforce I heir decrees.
1 These recommendations, briefly stated,
nre:
< ontrol of issuance ol stocks and bonds
of railroads.
, Removal of all doubt of authority of
the commission to require the erection of
depots, and additional power to require
the construction of sidetracks.
I’ower to regulate the interchange of
freights and cars in order to secure to
shippers the right to route their goods and
to prevent discriminations.
Speedier methods of enforcing t he orders
of the commission to compel railroads to
Immediately accord to the public rights
which are due them.
After asking for this legislation the
commission adds:
e have exercised and are now exer
cising, all the authority that has been
granted us Our experience, and the com
plaints continually received from the peo
kple, clearly indicate that the additional
cut lim it y recommended is necessary to
their protection. If they expect relief in
these particulars they must look, not first
to this commission, but to their senators
and representatives whom they elect, to
the general assembly, and who alone have
the power to authorize the commission to
correct the ills complained of.”
Y on cannot, be too careful in legislating
upon the subject, of railroad control. A
wise and rigid control ot these properties
is of the utmost importance to our people,
ami is essential to the growth of our com
merit*.
STREET RAILROADS.
1 advise that the authority of the rail
road commission he so extended as to give
them power to regulate charges on street
railroads, and exercise such control over
them as may be needed to give good ser
vice to the public, and adjust disputes be
tween them and the public when made by
any party interested, or by the authorities
of the city in which such street railroad
may be operated. The sole power to de
termine t hose quest ions should not vest in
the street railroad corporation. The an
thority to pass upon them should be vested
in some t ribunal, and that tribunal should
not be in the control of. or created by
those directly interested in the questions
to be submitted to it.
TELEPHONE systems.
The railroad commissi n now has juris
diction over railroad, telegraph and ex
press companies.
I'he same reasons which induced the
state to give them authority over these,
demand that their power be so extended
as to bring under their control all tele
phone companies.
I he charges made by telephone com
panies should be fixed by the commission.
In my opinion they are now so excessive
in t heir charges as to demand the inter
ference ot the state in behalf of the citizen.
Each of these companies are what are
'—Usually termed natural monopolies, and
sholtld be controlled by the government..
EDUCATIONAL INTERESTS.
I here has been a constant and marked
improvement in our common schools. The
steady and gradual increase in the appro
priations for their maintenance has re
sulted in multiplying the number of per
manent schools arousing greater interest
among the people in education, improving
the character of school buildings and in
creasing the efficiency of teachers.
In this campaign against ignorance onr
columns sin uld not retreat, but. move
steadily to the front until the enemy is
vanquished ami the banner of light,
knowledge and virtue floats in triumph
over the field.
UNIVERSITY OF GEORGIA.
The people of the state arelo be congrat
ulated upon the ever increasing prosperity
»md usefulness of their university. With
the increased room and facilities furnished
by your late appropriation thereto, ami
the purchase of the new farm, if assured
ot permanency of its income, its still
greater usefulness cannot be doubted
On Oct. 7 last 267 students had been reg
istered. Ot them 67 per cent are members
of various churches, to wit: UM Metho
dists, 81 Baptists. 38 Presbyterians. 30
Episcopalians, live Catholics.’ six Jews,
tmse Christians, one Lutheran and one
Unitarian. Os the fathers of those stu
dents. 78 are farmers. 44 lawyers. 42 mer
chants. 19 doctors of medicine, nine bank
ers. six teachers, six preachers, and eight
insurance men, besides various other occu-
GEOKGIA SCHOOL OF TECHNOLOGY.
I am pleased to note the increased attend
ance at the School of Technology. The
2U> students now there give evidence that
I ractical education is receiving the serious
attention of our people. The school offers
scientific courses of high grade in mechan
e*eitnc ’ 11 an, l civil engineering
The new dormitory is tilled with stu
dents who are under wholesome regula
t ons ami protected from evil influent by
the snoervus.on of the authorities A hiuh
Standard in scholars.up and skill in shop
work is required, and the school takes
rank with the best technical institntlons
In t he country.
Georgia, being near the center of the
cotton growing area of the Union, should
provide tor the instruction of h r sons in
•he manufacture of cotton goods. New
England has taken steps in this direction
01 tlie protection and advancement of her
manufactures. The textile schools which
have been established at the north are
bound to militate to the detriment of our
own cotton industries unless they are met
with similar institutions in the south. A
•1-paritnent of textiles should lie added to
Ichnological school (or the purpose
of giving our young men the opportunity
of becoming experts in the manufacture
oi cotton goods. lam assured that such
a measure would receive substantial aid
from many prominent firms and citizens,
ami on account of the present excellent
equipment of the school, the first cost
would be reduced to a minimum
Georgia normal and industrialcollegb
Phis institution, whose curriculum em
braces a literary, a normal and an indus
trial course, is doing a great work for the
state by supplying its schools with well
educated, trained teachers, developing the
brain and increasing the culture of her
daughters, and rendering them capable of
la-ing, when necessary, self sustaining and
Independent.
So great fs t he popularity of this college
that hail its accommodations been ade
ouate it would have in attendance 690 stu
dents.
Several hundred applicants were unable
to gain admission at this term on account
of the limited accommodations.
The course of study' in the normal de
partment is considerably in advance of
t he examinations given applicants for first
grad* license in our common schools.
I nder existing laws the graduates ot
the North Georgia Agricultural and Me
chanical college at Dahlonega, State Nor
mal School at /Athens. Middle Georgia Ag
ricultural ami Mechanical college at Mill
edgeville, Gordon Institute at Barnesville,
tire permitted to teach in the common
schools without further examination.
I therefore recommend that the same
right be accorded the graduates of the
Georgia Normal and Industrial college.
STATE NORMAL SCHOOL AT ATHENS.
This school has become a very valuable
part of our educational system and ig
worthy of your aid and encouragement.
In the management, of various public
institutions it has been found of great ad
vantage to the institutions and a relief to
the officers in charge to have some of the
trustees located so as to be accessible t<l
the institution. It is not advisable to
< liange the personnel of the present excel
lent board of commissioners who are
charged with the immediate control of the
institution, and as their present number,
five, is rather small, 1 recommend that the
governor be authorized to appoint, from
the county of Clarke, two additional mem
bers to said board
NORTH GEORGIA AGRICULTURAL AND ME
CHANICALCOLLEGE AT DAHLONEGA, GA
I enjoyed the pleasure of attending the
commencement exercises of this very ex
cellent institution, and gladly testify tJ
its usefulness. It is doing a magnificent
work for North Georgia ami deserves the
encouragement which it has received at
the hand 1 of the general assembly.
PENSIONS.
The appropriations made at your last
session were sufficient for the payment of
all approved pensions except those known
as indigent pensions (Act- 1894. page 32).
After payment in January, 1897. of tin!
rolls for 1896, there was left a balance ol
$40,380. Instead of paying in full each
new claim ns it was approved, it was
thought advisable to pay no new applicant
until all pending cases had been passed on
by the commissioner of pensi< ns. When
such examination was concluded, twice a«
many claims were approved as could ba
paid $69 each from the unexpended bal
ance, and the same was prorated, allowing
s3o to eaih, just half the amount, had the
appropriation been sufficient. In view ol
Ihe increase in this class of pensioners, it
will be necessary for you to make for their
payment in 1898. an additional appropria
tion of $40,000, which does not take into
consideration the new claims to be passed
on for that year.
I respectfully advise that, no special pen
sion be granted except, the claim has been
approved in due course of law. Many
reasons may be urged against this kind of
legislation, but it is only necessary to re
fer to the constitution, Art. 1., bee. 4, Par.
1, providing that “no special law shall bj
enacted in any case for which provision
has been made by an existing general law.”
Nor should any pension be paid for any
time prior to the date of its approval, tin
less all are so paid, as new claims are con
tinually being placed on the rolls, and, if
one be paid, then it seems only just to pay
all back to the passage of the original law,
or, at least, to the time at which the claim
ant may have become entitled.
The liberality with which our state has
dealt with its veterans and their widows
is a source of pride to all Georgians.
As the old heroes feel more heavily the
band of time, their wounds and infirmi
ties require them to lean more on the
helping hand of the state, and I confi
dently believe that onr people will con
tinue to respond to t heir needs with gen
erous aid.
ELECTION LAWS.
Laws regulating elections should effect
ually prevent. fraud. and so guard ths
right of the elective franchise that the des
tiny of oiir state will be entrusted only t<J
those citizens whose ballot is unpur
chasuble.
While earnestly desiring our state to
follow in the wake of other states, and
enact legislation which will guarantee
honest elections, controlled by the votes
of honest men. I will not. now do more
than call your attention to the importance
of tlie subject. 1 would rejoice to see you
ileal with the entire subject at your pres
ent session.
In addition to legislation dealing di
rectly with this grave question, the right
to use money in elections should be strictly
guarded ami directions given how, and
through what channels, it should pass.
The experience of others has led them to
make such provisions, and, in myopinion,
we should take similar action.
The amount of money which can be used
by a candidate before the people or gen
eral assembly should be limited, the pur
poses specified bj’ law, and the successful
candidate should be required, before he as
sumes the duties of his office, to exhibit
and file a sworn itemized statement of ex
penses which should not exceed the
amount allowed by law.
1- or a violation of this law he should
forfeit his right to the office to which he
is elect! <l.
Positions should not be awarded to men
on account of the wealth thev possess.
The power and political influence of men
should not, in the smallest degree, be
measured by money, but bv their moral
and intellectual worth. The history of
this country gives ample proof that the
best service has been rendered the repub
lie by men whose study of questions af
fecting the public had so far monopolised
their time that their own possessions were
small.
The proposed measure should be suffi
ciently comprehensive to specify the pur
pose for which money can be used in a
party primary or final election, and free
offic als from that obligation, which is in
curred by personally receiving from
others a contribution to aid in securing an
election.
If. for instance, candidates for the office
of solicitor general, judge and United
Stat-s senator are permitted, by direct
contributions, to place candidates and the
party authorities in the respective coun
ties under direct obligation to them by
contribution to campaign fund, it will de
grade political life, put capacity and
worth at a discount, and make money the
Best oi merit. The influance of money ia
Elides !■ already two great, and ah on Id
promptly reduced to a minimum.
All contributions for political cam
paigns should be made direct to the parfy
officials, and no man not a resident of a
county should be permitted to contribute
to the county e ection To prevent undue
influences of money from this source,
such contributions should, in congres
sional campaigns, be given to the district
committee, and in state campaigns to the
state committee, to Ire by t-hetn expended
where they think best
To encourage worthy men who do not
possess wealth, to secure a fair submission
io voters of questions involving govern
mental policy and personal merit, tc
avoid the debauching of politics by the
power of money, to guard the purity of
the public service, that government may
merit the respect and confidence of the
people, I earnestly ask that prompt action
be taken to avoid the disastrous result!
which must follow the evils to which I
have called your attention.
THE INCREASE OF CRIMR.
The Increase of our prison population fs
a matter for serious consideration. In
1869 there were only 393 convicts in oui
penitentiary; in 1871, 385; in 1874. 616; and .
now they are 2,357. This, of course, does
not include those in the county chain
gangs, numbering about 1,859.
The number in the penitentiary won Id
De even larger but for legislation by youi
predecessors, under the provisions of
winch a large number who were convicted
of felony has been sent to the county
chaingangs.
In ls7l, 15 per cent of the convicts were
white, and in 1897 8 per cent are white.
During this period the blacks in the peui
tentiary have increased 600 per cent.
While the increase in white convicts has
been small, our penitentiary has been rap
idly replenished from the ranks of the
negro population. The number convicted
In recent years is much larger than just
after they were given their freedom. More
were received into the penitentiary in the
year 1896 than in the years 1869, 1870 and
1871 combined. The whole number ot
convicts received from the establishment
of the penitentiary, March 10, 1817, to I
Oct.. 16, 1860, a period of 40 years and seven
months, was 2.029; total number received
during the four years. 1894 5 6-7. wa52.307.
This result has been reached in spite of
the fact that in addition to what has been
done by towns and cities supporting local
school systems we have spent within that
time about $4,('09,000 in an effort to edit
cate the negroes, that they may become
better citizens.
I am not ready to admit that this has
been a waste, or that the race has retro
graded in spite of the effort of the state
and philanthropic individuals to afford
them educational advantages.
It is unquestionably true that a large
number of the race have made great pro
gress intellectually and morally. While
this condition exists among the better ele
ment, a considerable per cent of them have
no regard for law or morals, and from
this element the penitentiary is being re
plenished with alarming rapidity. How
to correct this demoralization and elevate
this people to a Ixitter standard of citizen
ship. is a problem which must call into
requisition the nobility of character and
the wisdom of the Anglo Saxon. I cannot
discuss this question now, further than to
make one suggestion. |
To educate this element without, at the
same time, giving them moral instruc
tion is an injustice to them and to society.
It is, therefore, the part of wisdom to look
more to character in selecting the teach
ers who are to receive our money for ser
vices in the schoolroom.
The best of the race, intellectually and
morally, should be selected to teach in
public schools. The law should require
the school authorities to look closely into
the conduct and character of each appli
cant before license is granted to teach.
This provision should apply alike to white
and black. In every way possible we
should endeavor to improve the morals of
the people by imparting through the
schoolroom correct principles and pure
morality. The teacher should not only
train the mind, but build noble charac
ters.
This I suggest as one ol the factors that
would aid in reducing our criminal popu
lation. ,
This, however, must necessarily be slow
in having its effect, while present condi
tions call for quick and repressive meas
ures.
GOVERNMENT, CRIME AND LYNCHING. !
The graver crimes are of alarming fre
quency and more seriously affect that por
tion of our population who reside outside
the towns and cities. In these sections,
the crime of burglary, arson and rape have
become more frequent than in the year®
of disorder that followed the civil war.
There are now in the penitentiary 78 con
victs for assault to r ipe, and 81 for rape.
Os all crimes known to our law, these two
are the most villanous. Their frequency
has terrorized the people residing in rural
districts, and so aroused their fear and
resentment that it has been impossible in
many of these cases to induce them te
await the action of the courts.
Since Nov. 1, 1894, there have been 12
negroes lynched who were charged with
rape and assault with intent to rape, and
one white man who was charged with rape.
In addition to these, there have been
seven negro men, one negro woman and
one white man lynched who were charged
with other offenses. Total for three years,
22, or a little more than seven per year.
These occurred In the following counties
Appling. Clinch, Dooly, Habersham, Men
roe. Montgomery. Spalding, Muscogee,
Talbot, Colquitt, Twiggs, Jasper, Cal
houn and Bibb.
It is the duty of government to protect
its citizens, and to do all that, can possibly
be done to prevent the commission of, not
only, the offenses which have provoked
the people to resort to such a reprehensible
remedy but all offenses, and to guarantee
to every citizen charged with crime a trial
before an impartial tribunal, as guaran
teed by the constitution.
In dealing with this question, the peoplt
of the southern states are. of all people, in
the most trying position. Here a largd
per cent, of our population has been clothed
with the rights and privileges of citizen
ship before receiving the training neces
sary to prepare them for the duties ami
responsibilities of so important a position?
If the same population had been placed
among the people of any other section of
the Union, they would have the sama
problem to deal with which now confront*
us, and would find just as much human
nature among their people as is exhibited
by ours.
Notwithstanding the anomalous condi
tion which exists here, our people depl ord
mob violence, but should be more deter&
mined in insisting upon leaving to court*
and juries the punishment of violators o|
the law.
If defects exist in the law, the remedy i*
not to ignore and violate the law. but t<*
amend it. The citizen cannot be justifieiW
in trampling upon law and assuming tbjr
functions of judge, jury and executioner!:
It is the duty of the citizen to leave t*
the government, under wkiuh he lives, th*
righting of wrongs, and the punishment
of crime. The man who ignores this oblir
gation anc assumes with his own hand t»
j*unish crime becomes * criminal.
The evil to which I allude is not r<r
stricted to this state or section, -but Is
national.
The frequency of such occurrences
within the last few years is calculated t®
alarm every citizen who realizes the dread
ful results to which it leads, or the enor
mity of the crime against human rights,
government and civilization. To denomi
nate these offenses lynchings do not make
t-hena less lawless or barbarous.
It is an attack upon, government itself—
a conflict between the forces of anarchy
and law. It is fundamentally wrong, be
cause it defies government, ignores law
and punishes without law or evidence.
Under our government, laws are mads
•nd unmade at the will of the majority,
If there are unwise laws, the people can
repeal, if a need for one, the people can
enact. Any organized effort to set at
naught our laws and punish crime with
out and in defiance of the law is itself
criminal. It is worse than criminal. In
its very essence. It is treason aaainst the
majority and against government.
In the discussion of lynching, let it b«
clearly understood that it is not a question
ns to whether or not those guilty of crime
shall be punished, but whether or not the
innocent shall escape. Not a question as
to whether the guilty shall l>e punished,
but whether or not the act of punishing
shall multiply criminals.
In a free government like ours there is
no excuse for lynching. If there is evi
dence to convict the courts will punish; if
there is not, punishment should not be in
flicted. The courts of our state can be
trusted to punish the guilty and protect
Our property, our persons, and the honor
•nd virtue of our women.
I am deeply concerned for a remedy for
this evil that we may save from guilt the
men who engage in it, and protect ths in
nucent. who are too often sacrificed.
TRIAL BY MOB.
The mob is not a sass tribunal to justly
determine any cause.
Not long since in this state It is said that
• mob. which had gathered, failed to take
action because of a division in their own ;
ranks, one portion wishing to hang a man
who had nut besn tried, and the other, to
lilwrate one who had lieen tried, heard in
•11 the courts and sentenced to be hanged
for murder.
The mob judges without a full and com
plete hearing from both sides. Its mem
bers are not the most capable of judging.
It decides in passion and. too often, in '
whisky. H>w can it fail to make mis 1
takes and sacrifice the lives of the inuo
•ent?
I feel the more deeply upon thisquestion
because from the best information I can
•ecure. I believe that during my adininis
tration there have been in this state sev- j
eral men lynched who were not guilty of '
the crimes with which they were charged.
How many, can never lie known, for their
tongues are hushed, and they are denied
nn opportunity tp prove their inno
cence. I am informed that one man. i
whom the mob believed to be guilty, was i
shot down. A question then arose as to i
his identity and he was salted down like a I
hog, shipped to the location of the crime j
ami found to be the wrong man—an inuo
cent man.
When an innocent man is lynched for a '
crime it serves to protect the guilty. The
members of the mob, their friends and
sympathizers seek to impress it upon the
community that the right, one has been
punished and the guilty goes unsought
and unsuspected. Even during this year
evidence has come to light showing that I
in several states victims of the mob have
been innocent men. During my term of
office one man, who was rescued from the
mob, was accorded a trial which resulted
in showing that he was not. guilty of the
offense with which he was charged. An
other fled from the mob to the executive
office, and asked for protection, and a trial
by jury. They were given him, and it de
veloped that he was not guilty of the
charge for which the mob endeavored to
take his life.
To what extent this practice has been or
will be used for purposes other than the
alleged reason given to the public, will
never be known. In one instance, not
long ago. It was stated and accredited that
a man who had been charged with rape
came near being lynched. When the truth
became known it brought to light the
fact that the purpose in preferring the
charge was to have him lynched in order
to suppress his evidence against parties
who had been violating the prohibition
law. In another instance a man, charged
with an assmlt upon a woman, escaped
the mob, w. ch was in pursuit, and estab
lished the fa ;t that the charge was made
against him to defeat the collection of a
debt. Had he parties been lynched it is
not probabk that their guilt would have
been questio ted.
These things serve to emphasize the im
portance of adhering to law, and of your
so legislating as to suppress this evil, and
guarantee to every one charged with crime
a fair and impartial trial.
Responsibility for the crime of lynching
rests not only upon actors, but Upon the
community which shuts its eyes to the
crime and permits and tolerates it, and
upon legislators who refuse to enact laws
to suppress it.
It can and will be stopped when the bet
ter element who deprecate mob law ag
gressively condemn and determine to sup
press the practice.
It is no excuse to say that the northern
people, who have less to provoke them to
It, lynch. Let -us not take them as a
standard, but rather show a higher type
of civilization in our state, and erect here
a standard to which they may aspire. '' , J
LYNCH FOR WHAT CRIMES.
Lynch law has not been restricted to
cases where the charge was an outrage
upon a female. In Texas a man was
lynched simply to suppress his evidence;
in Kentucky because he was objectionable
to the neighborhood, and in Indiana five
men were lynched for burglary. In our
state, in the last three years, seven men
have been lynchel for murder, and one
man and one woman because they were
suspected of arson.
WHEN CHARGE IS RATE.
Even had it been confined to offense*
committed upoa ftnnalws -44- ?0u44- not be
justified. I
To adopt it, in these oases, is to put the:
life of every man in the power of any
woman who might for any reason desire
his death. When such crimes are charged
the passion of the people is more deeply
stirred than by any other, and the mob is
quick to act.
Yet viewed from the standpoint of rea
son and not of passion, there is less excuse
for lynching in such cases than in any
other. Delay cannot be given as a reason,
nor a fear that justice will be defeated. l !
At Monticello and Columbus the mem
were taken out of the courtroom during,
the trial and lynched. In most cases they:
are taken from the custody of officers of'
the law, when they know that the court
will convince and give a speedy trial. Fori
this offense, above all others, the courts
are quick to try, and if guilty, the juried
certain to convict. ■ i
It is not then that they fear delay or the
acquittal of the guilty, but it is a defiance
of law. It is a desire to substitute pas
sion for evidence and vengeance for jus-7
tice. ‘
There being no excuse to be found for
fear of either delay or failure of justice, 1
but one reason is left, and that is the ob
jection to the outraged victim having to
go into court and relate the horrible story,
That this is a terrible ordeal every one
must concede, but human life must be
valued even above this trial. She should,
undergo this trial, not as a sacrifice to thrf
guilty, but to conform to the rules of law,]
which centuries-of experience have demon-i
•trated to be absolutely essential for the!
protection of the innocent. The truthi
cannot be had save by having both
heard before an impartial tribunal. 1
To remove this objection, however, our
law provides that, on such occasions, tha
judge may order the courtroom cleaned os
all save the jurors and lawyers engaged*
in the case on trial. ,
There is therefore no justification noA
excuse for a resort to lynching, even inf
this class of cases, when the defendant isi
charged with the most dastardly and hor-l
rible of crimes. No man doubts in
cases that the law will punish ths guilty!
aad if he did, he could not find a rsmedyi
by making a murderer of himself. The*
rsinarkabls fact exists that in a majority!
of instances the party lynched is taken
from the custody of officers. I can under
stand how a near relative of the victim of >
the lust of a human brute who sees befor*
him the man whom he believes has com’
mitted the outrage, and in the heat of paa-
•son slays him, ean enlist the interest and
sympathy of a community; but how any
one can fail to condemn" those who ara
guilty of the cowardly act of taking from
the officers of the law’ a man who is dis
armed and helpless and hanging him with
out trial, surpasses my comprehension.
EFFECT OF LYNCHING.
| Both capital and worthy immigrants
seek places where law is supreme and the
frequent occurrences of lynching will ad
vertise ours as a lawless state anfl as a
half civilized people.
It sacrifices the innocent, brings law
into disrepute, creates lawlessness, im- ’
pedes material growth, and in the eyes of :
•11 the world lowers the standard of our
civilization and degrades the character of
our people.
This barbarous practice does riot de- i
crease, but increases crime. Having j
stained the:r hands in blood, its perpetra- j
tors are more easily led to again violate
law. Recently a man tried on the charge
of murder and convicted of shooting a
citizen through the window, as he sat by
his own hearthstone at night, confessed
also that he it was who tied tlie rop»
•round the necks of the two men who
were lynched in Columbus in 1896. I con
damn it, and wi.l not apologize for such
lawlessness. To exterminate the practice
it must be made odious and dangerous.
I The penalty should be the scorn of ths
people and the punishment of the law.
DUTY OF DEMOCRATS.
There Is no room for debate upon this
question. If there is, there is none for
Democrats. With them the question
is settled. There is but one position
the members of that party can take.
In the campaign in which the members
of this general assembly were elected, the
: Democratic party went to the people upon
a platform adopted by the state conven
tion, in which this declaration is found,
i to wit:
“Resolved, That we deplore and de
uounce lynchings, and favor thej enact
merit of laws as will effectually prevent
the same.”
I now’ ask the men who were elected
upon this platform to enact into law pro
visions which will In good faith meet the
requirements of this declaration. do not
believe that you will dally with this ques
tion, or pass laws which will lie inef
, fectual. Let the remedy which you apply
1 be heroic and severe.
THE REMEDY.
lu murder cases the complaint is that
■ the cases can be too easily continued and
i justice unnecessarily delayed. lam not
’ an advocate of hasty trials, but of prompt
ones. No one should be rushedj into a
trial involving his life, when passion in
the county where trial is to be had is at
fever heat and a fair trial impossible.
The law should in all cases permit the
court, on motion of the defendant, or on
; its own motion, or on motion of state at
torney, to change the venue to any county
in the state. In determining whether or
not to order a change of venue, the judge
should be authorized to exercise a very
broad discretion, and act upon all knowl
edge that he might possess bearing upon
the question. If, in his opinion, a change
of venue is necessary to secure a air and
impartial jury, he should order the
change, and this decision should not be
reviewed by the supreme court. The au
thority of the circuit judge in such cases
should be made plain and ample, unci all
doubt removed as to power of the su
preme court to review his decision.
This change in our law. I believe, the
first step necessary to secure, in all cases,
prompt, and fair trials.
In some instances it is difficult to secure
a trial on account of the laws regulating
the granting of continuances.
This can be remedied by leaving to the
trial judge the sole power to pass upon
motions to continue, denying to the su
preme Court tbe power to grant a new
trial on accotiu of alleged error in so
doing. The circuit, ju-ige who knows the
parties, th- case an I its history, and has
the Witnesses on the question before him,
can better determine whether the motion
is made for delay only, and whether a fair
trial and a just verdict can be had without
further delay, than the supreme court.
Every practitioner knows that the right
of continuance is the most abused of all
rights granted by the law in court pro
cedure, and in my opinion the circuit
judge will correct the abuse if empowered
to do so.
The law which gives the defendant more
peremptory strikes than the state,
should be so amended as to give each
party the same number. Under the exist
ing law power is given the defendant to
object without cause to so many jurors
that he can, in many cases, pack a jury in
his own interest.
I have heretofore recommended to the
general assembly, and again urge upon
you, that the law ba s i amended as-to
punish assault with intent to rape with
death, unles the punishment be reduced
Upon the recommendation of the jury try
ing the ease, just as it may be done now
when the charge is rape.
It. has been insisted by some that the
way to stop lynchings is to provide for the
prompt punishmentof all who commit the
crimes which provoke it.
Neither the law’s delay nor the failure
of justice can be given as an excuse for
lynchings in rape cases.
In dealing with the offense of rape in our
courts, there has been for the guilty no
delay and no escape. Courts are promptly
called, trials had, and justice quickly ad
ministered. In such cases the men whose
names are in the jury boxes in Georgia can
be relied upon to convict.
The evil will exist for a long time, if not
disturbed, until public opinion is educated
to the point where the condemnation is
sufficiently intense and unanimous to
m ike. it impossible.
It is therefore necessary that without
Wailing for this slow process, the majority
representing law, order, justice and civili
zation, pass such legislation as will repress
the lawless element and secure the reign
of law. The certainty of prompt trials
j alone will notend lynchings. The delays
of the law is a favorite excuse, but is not
the real reason for its existence. Other
legislation is needed to aid in checking it.
'l’he arresting officer is now clot hed with
authority to take the life of the assailants
when resisting their efforts to take a pris
oner from his custody, and it is his duty
to take life if necessary to protect the
Erisoner and retain him in custody. This
e should be required to do at the hazard
of his own life, or the prisoner should be
unshackled, armed and given an oppor
tunity to defend himself.
That it may be ascertained whether or
not the officer having the prisoner in cus
tody does his full duty in every instance,
I recommend the passage of a law requir
ing a thorough investigation in every case,
and providing adequate punishment when
he falls short of the full measure of his
duty in protecting his prisoner. The ad
ministrator or family of a party taken
from the custody of an officer and killed,
should be authorized to recover from the
county the full value of his life, which in
no case should be less than SI,OOO.
1 Ido not ask that yoti restrict yourselves
to the me-sures suggested by me. All
that is asked is a remedy, and upon you
rests the responsibility of providing it.
MISDEMEANOR CONVICTS.
The modification under recent legisla
tion, of the penalties inflicted upon parties
convicted of felony, has so largely in
creased the number of convicts held in
county chaingangs that the question of
proper disposition, treatment and manage
ment of them is of greater importance
than heretofore.
Having received in 1895, information
that led me to believe that the misde
meanor convicts were not being held and
treated as the law and humanity required,
1 appointed Hon. R. F. Wright of Elbert
county, former assistant keeper of the pen
itentiary, to inspect the various eamps
and make report thereon, that the general
assembly might be placed in possession of
Information which would enable it to take
the proper action. He was not able to
complete this work before the convening
of the general assembly, but believing
that the information already gathered
was sufficient to show the necessity for
legislation, and to induce the application
of the needed remedy, I discontinued the
inspection and placed before the general
assembly the report of Mr. Wright upon
his work done up to that time.
This very able report by Mr. Wright
will be placed before you aud to it I invite
your attention.
During this year I had reason to believe
that abuses still existed in the manage
ment. of this class of convicts and that
the publicity given, by the discussion of
the Wright report, t.o the illegality of hir
ing them to private parties had not cor
rected the evil, I employed Hon. P. G.
Byrd of Floyd county, to locate and in
spect all camps where misdemeanor con
victs were worked, and ntrke report
thereon Ills clear and comprehensive re
port has been printed, and will l»e placed
before you.
The tacts stated in these two reports
le ive no room for doubt that legislation is
needed to properly regulate the care and
treatment of this class of convicts, which
now number more than I SOO After learn
ing front this report that 617 of these con
victs were he'd aud worked by private
parties, who hid .secured them from the
county authorities in violation of law, I
communicated the facts to the jud esand
solicitors, front whose courts they were
sentened. Upon ren-iptof this informa
tion, these officers acted with commend
able promptness, and to >k steps to have
the convicts worked in compliance with
law and the sentence of the court. This
reform has already greatly increased the
forces at work on the public roads, and
will be of incalculable value in promoting
the improvement of onr highways.
Now, while we are providing for the dis
position of our penitentiary convicts, it is
best, that we also supply the legislation
needed to properly regulate and direct the
management of county ehaingangs
THE PENITENTIARY.
The general assembly, at its present ses
sion, is confronted with the duty of pro
viding for the disposition of the inmates
of our penitentiary after April 1, 1899, at
which time the existing lease will expire.
This will be but three months after the
adjournment of the general assembly,
which will convene in October 1898.
Should action be delayed until the session
of 1898, we would find the state utterly
unable to make adequate arrangements to
either hire or work its convicts before the
expiration of the lease, and if forced to
have others employ them we would, in
their disposal, be entirely at. t.he mercy of
tlie present lessees, who alone would be
prepared to house or give employment to
them.
At the very t hreshold of this discussion,
the proposition should be accepted by all
that the law consigns men to the peniten
tiary not to become petted children of the
state, but to punish t hem for wrongdoing,
The system which will meet, all the re
quirements of this statement, with least
expense to the lawabidiug citizens of the
state, and come least in competition with
free labor, is the one to be adopted.
Any penal system is fundamentally
wrong and vicious which requires the
state to part with the cot rol of the con
vict, and gives him into the custoay of
private parties.
ON PUBLIC ROADS.
To say in general terms that the convicts
should be put to work upon the public
highways is an alluring and captivating
suggestion. Yet a thorough and intelli
gent study of the question leads uni
formly to the conclusion tlmt this should
not be done.
THE SYSTEM PROPOSED.
Every person sentenced by the courts to
penal servitude should remain in the cus
tody and control of the state, and owe
obedience to none but officers of the state.
The entire power, subject to legislative
restriction and direction, to locate and
prepare a penitentiary, build and equip
the necessary prisons, hospitals and other
bouses, control, care for, work, make con
tracts for. the employment of convicts,
and appoint all needed officers and em
ployes, should be vested in three citizens
to be known as the prison commission.
This commission should be appointed im
mediately upon the passage of t.he act, and
at once proceed to select and purchase the
land necessary to conduct the work of the
penitentiary.
The plan which 1 advocate contemplates
and is capable of growing into a system in
which the state miintains upon its own
premises all convicts.
If in future the system, to which I look
forward, be. completed, and all convicts
/eared for upon the state’s own premises,
it must he a gradual growth. We should
advance in this direction only as it be
comes evident that, they can be so em
ployed in the central penitentiary as to
make their labor profitable. They should
not be taken from remunerate employ
ment outside of the penitentiary, where
they are humanely cared for, and placed at
unremunerative work in a penitentiary,
where they are to become a burden upon
the taxpayers.
REFORMATORY FOR BOYS.
The department established for the care
of boys should be known as the state re
formatory.
Here should be received all boys con
victed of felony, under theageof 17, whom
the judges in their discretion may sentence
to a term in the reformatory. In addition
to these it should receive all boys under
age of 17 convicte I of misdemeanors, when
so convicted by the court, upon receipt
from the county where convicted of such
sum as will in the judgment of the prison
commission cover the cost to the stale, if
any, of keeping them. The female con
victs tinder 17 years of age should he
placed in the woman’s department and
given the same advantages and stir
rounded by the same influences as boy# in
the reformatory.
In considering this phase of the ques
tion. I have not undervalued the social
aud economic advantages to be derived
from improved public highways.
The roads within the respective conn
-».r- tonal ■' rarest, andean be better
and more economicalL «tt.ended to by
county authorities Being a mat te. e* local
interest, and one which local aiitlioricu..
can attend to with greater economy and
efficiency, I am unalterably opposed to so
extending the power and duty of the state
as to have these roads worked by state
authorities and at state expense.
All male convicts not classed as able
bodied, who ean be cared for there, should
be kept in the penitentiary to be prepared
prior to the expiration of the lease, and
placed at work. Here also should be Bent
such ablebodied men as we are then pre-
Cared to care for, who may be needed to
elp carry on successfully the work in
which the secondclass convicts are en
gaged. The remainder, which will proba
bly approximate 1,800 men, should bo
engaged to work forsuch personsasmight
contract for their labor with the state,
upon such conditions and limitations as
you may direct.
The prison commission should be au
thorized to enter into contracts for the
employment of convicts, for terms not to
exceed five years, requiring payment to be
made quarterly, and taking bond for the
faithful performance of the contract.
In no instance shall power be given the
employers to manage, direct, punish or
control the convict. This authority should
be retained by the state, and exercised
only by its officers. The state should ar
range for their being properly housed,
bedded, clothed, fed, punished and cared
for in every respect, and it only should
have power to say when and how much
they shall work. The state and the em
ployer should be the contracting parties,
and no dominion exercised by the em
ployer over the convicts.
W. Y. Atkinson, Governor.