The Birmingham age-herald., 1908-08-24
EXTRA SESSION
 FIRST IN YEARS Many Subjects Are Before the
 Georgia Lawmakers CONVICT SYSTEM FIRST One of tte Most Important Matters Is Relative to Legislation for h.
 creasing States Revenues,
 Which Are Reduced.
CONVICT SYSTEM FIRST

| extra session of Georgia's general assem- bly,, called for the purpose of considering legislation, since the adoption of the con- stitution of 1877, will meet next Tuesday, August %. The only other extra session held within the last 30 years was one made unavoidable by the death of Gov Alexander H. Stephens, and was called to inaugurate his successor, Gov. Henry | D. MeDaniel
 The present extra session was called because of the failure of the general as- sembly in its regular session to enact law providing for the disposition of the states convicts following the expiration of the present lease contracts, April l. 1909, some three months prior to the next regular legislative session
 While he decided to call the general as- sembly solely for the purpose of dealing with the convict question: Governor Smith has made the call broad enough to in- clude every phase of it, and even to bring in what might be otherwise considered extraneous matter, just so long as there is a convict string tied to it.
 The legislature may deal with misde- meanor convcts, with the use of convicts by counties. the working of them on the public roads, on farms or elsewhere, with reformatores and juvenile courts, with any possible constitutional amend ment relating to the convict question, whether 1t be prohibiting leasing or is- suing bonds or increasing the tax rate to raise revenue to take care of them, or it may enact other revenue measures so long as the revenue to be derived from them is to be turned into the penitentiary fund.
 Under the revenue clause of the call there appears to be no question now that determined effort will be made to put a tax upon the manufacture and sale of near" beer. The extreme prohibitionists will probably endeavor to make the tax a prohibitive one but it is pointed out that a prohibitive tax cannot be construed into a revenue measure. and that the extra session would exceed it's authority in en- acting such law.
 That it can, however put reasonable tax upon the near beer business, the proceeds to be turned into the convict fund.- is not questioned. similar propo- stion was considered at the regular ses- sion, MT. Wise of Fayette offering bill to tax dealers s20O and manufacturers $500. The house passed it after eliminat- ing the feature which confined the amount of alcohol in the beverage to 11s per cent, and after cutting the tax on manufacturers to $500. The senate how ever, killed the bill on the last day of the session.
 Whether the proposition to turn this revenue into the penitentiary fund will create any change of sentiment is ques- tionable It Is said the near beer deal CTS would welcome the imposition of a state tax which would constitute legal recognition of their business and remove the Damoclean sword which is now hang ing over their heads. At present they don't know what moment they may be called into court on the charge of violat- ing the prohibition law and subjected at least to the expense of a long trial. With the imposition of tax they would feel more at ease and more secure in their rights.
 Belief is general that the legislature is not going to vote an immediate abolition of the convict lease system, but that 1t will be used for short period at least, one or two years for the purpose of rais- ing permanent penitentiary fund. There is much opposition to putting any further burden on the people, either in the shape of bonds or increased tax rate, for the purpose of taking care of convicts.
 One of the chief objections to the Hold CT bill, which passed the house, 1t Is said. was that while 1t provided for a short extension of the lease system in order to provide funds for a permanent state pen- itentiary system, it made 1t practically impossible by the restrictions imposed to make advantageous leases. It was thought, therefore, as a revenue measure 1t would have proven failure
 It Is now thought the ultimate solution will be some measure briefly extending the lease system, prohibiting sub-leasing and making only such restrictions as will insure humane treatment. This will prob- ably be followed by a constitutional amendment prohibiting the leasing of con- victs, both felony and misdemeanor, after certain fixed date.
  ment of the prison commission There is an element in the general assembly which would like to see 1t go, as much for po- litical reasons as anything else, but they do not appear to have the ground to stand on The legislature will be confronted with two reports on this subject from the committee which has been investigat- ing the penitentiary system, but 1t is now well known that the rel ort recommend ing the abolishment of the prison conn mission will be the minority report. It can scarcely be doubted that the leg. islsture will approve the majority report It is believed 1t will do this not only or the ground that no sufficient cause has been shown to warrant such drastic ac' ton, but also because 1t would constitute dangerous precedent.
 The recent democratic state convention it will be recalled, demanded railroad commission of three members instead o' five. as was created year ago. If 1t haf ] a precedent in the matter of abolishinf commissions elected by the people, 1t Il pointed out that the next legislature mign not hesitate to abolish the present rail road commission and create new board of three members. Legislatures will p inclined to go slow in abolishing office and removing officers elected by the peo pie unless there is particularly strong oe } mand for such action.