The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-10-26


not so much the severity Of punishment that
deters crime as the certainty. If the penalty,
IN many cases, can be reduced and the courts
authorized to give a speedy and prompt hear
ing, the people win have greater regard for the
majesty OF the law and crime will be reduced.
l earnestly recommend, therefore, the re-
vision Of the penal laws of the state, with the
view Of adjusting the penalty TO the nature
and character Of the oftense committed.
The reports submitted by the principal
Keeper and physician to the penltentlary VIII
give you full information as to the condition
OF the convicts, and the management OF the
camps
1t is due to say that have had no trouble
in the enforcement OF the law and the rules
regulating the control OF prisoners. The
slightest irregularlty Is always promptly and
fully remedied as soon as the attention OF the
lessees is called thereto. ] find the super
vision and control by the lessees exercised
with due and full regard to the terms of the
contract with the state.
Under the law, l have required payment for
escapes occurring from lack OF Necessary dill
gence and care. Some Of the fines imposed
l have been asked to reduce, because OF sub
sequent capture, after the expiration Of the
sixty days allowed by law. This have de-
clined to do, because 1 know of no such au
thority given the executive.
1t may be worthy of your consideration to
say that after the fine required has been paid
there can be no further inducement for the
lessees to offer reward for the capture of
the escaped convict and without reward
not many desperate criminals will be re-
turned to the penitentiary.
OUR JURY SYSTEM
The constitution OF this state declares:
THE general assembly shall provide by law
for the selection of the most Intelligent and
upright men to serve as grand jurors, and IN
tclligent and upright men to serve as traverse
jurors; nevertheless, the grand jurors shall
be competent to serve as traverse jurors"
The general assembly, by appropriate legis-
latiOn, provides for such selection by cOmpe-
tent jury commissioners and for the service
. tod
The traverse jury. 1t could not well be asked
that any improvement should be made on a
system which confines jury service to citizens
who are both upright and intelligent, selected
by fair-minded men from the body of citizens
at large
1t is known, however. that in the counties
in which the larger cities are located COM
plants of unsatisfactory service have been
made.
If the fault is not in the law. it must exist
in its application or the restrictions which
limit the number from which selections are
to be made.
am clearly of the opinion that the cause
of complaint exists in the great number of
exemptions from this paramount public duty.
which, from time to time, have been granted,
The effect OF such exemptions, in certain
localities, is to place double service on those
citizens not so favored, and sometimes force
the determination Of great and important
rights to be had by the superficial and ill-ad-
vised judgment of the least competent Of the
selection.
No higher or more important duty devolves
upon the citizen 1t should bear equally and
alike on all. Public service heretofore re
Warded by such exemptions should be com
pensated in some other way, that the right of
jury trial may be preserved in the spirit of
fairness and impartia1ty and With the In
telllgence and purity which will command
our highest regard.
BOARD OF HEALTH
Since your adjournment we have been con-
fronted with conditions imperatlvely de-
manding the enactment Of some such legisla-
ton as had the honor to commend at your
first session, looking to the establishment of
q board of health for the state.
More than once, during the past three years,
have been compelled to call upon the fed
eral authorities to suppress epidemic and
contagious diseases. To do this il becomes
necessary to surrender absolutely all state
control into the hands of the general govern
ment, for the time being, in opposition to our
ideas of local self-ContrOl.
Whilst have no complaint to make against
the federal authorities assuming control a
my request, l do not think the policy in har-
mony with the principles of Jour government,
por does il show proper care and protection
for citizens due them, primarily, by the state.
Our conditions are such as to make us liable
to the spread of epidemics among the people,
attended with great loss of life and property.
These contingencies occur when the executive
is powerless either to relieve the infected dis
trictS or to protect the state against the
spread of disease.
L respectfully recommend and urge the
establishment of state board of health, con
stituted with such authority as will furnish
the needed relief for the people under the
conditions indicated.
In this connection I desire to express my
full appreciation of the skill and efficiency OF
the medical ofiC erS in charge of the yellow
fever sufferers at Brunswick and Jesup by
order of the general government. 10With00t
the aid thus rendered, untold calamity would
have come to the state, not only in the loss of
life and property, but in the CONSERVATION
and alarm that would have seized upon the
people.
Taxpayers in the infected districts-the
counties of Glynn and Wavne-deserve the
fullest sympathy from the state, and ask for
them the most indulgent consideration by
the general assembly consistent with the
public good.
WESTERN AND ATLANTIC RAILROAD.
In the transfer of the states property in the
Western and Atlantic railroad from the for
mer lessees to the control of the present les
sees, found that the rights of the state had not
been distinctly defined in many instances and
that danger of final loss was probable because
of encrOachments that would not be recog-
niZed as such, at the expiration Of the present
lease, when the property must be returned to
the state.
An investigate soon disclosed that the
state had large interests that needed to be
properly defined and established aud the
further fact that the work demanded would be
far more than could be discharged by the at
torney geneI oil in time to fully secure the
state S claims.
J. therefore, recommended the temporary
appointment Of a special attorney for this
property, whose duties it should be to report
at this session Of the general assembly the
condition of all the property owned by the
state along the line Of road Under the
authority given by your action at your first
session | appointed Hon. w. A, Little special
attorney for this property. have the honor
now to submit to you his report
The investigation has required a great
amount of labor and research Much of the
property has been so long neglected that the
states claim was not recognized, and inno-
cent purchasers. IN some instances, have
come to know that they have no title to the
property they have heretofore held as their
own.
The service rendered the state by this in
VeStgatiOn is invaluable, and the report
herewith transmitted makes a showing
greatly creditable to the painstaking and eff
tclent work Of the special attorney and
OF conditions gratifying to the PEG
pie of the state.
A careful reading of the report will dis
determine, finally, all the states interests in
the time allowed. 1 would recommend the
special attorney continued in his inVestiga-
tlons until all the claims in dispute are fully
and finally determined.
l have recently made a personal examina-
ton into the physical condition Of the road,
and l am pleased to report the property
greatly improved and well kept The states
interests have been committed to good hands.
l am in receipt of letterfrOm the adjutant-
general of the state of Ohio, in which am in
formed that the legislature of Ohio. by JOINT
resolution, desire to ascertain whether or
not the railroad engine known as General
could in any way be secured by the state of
Ohio as monument to tine bravery of the