MESSAGE of the GOVERNOR Transmitting Report
OF THE
Highway Commission
JUNE 26, 1919
1919 BYRD PRINTING CO., State Printers,
ATLANTA, GA.

MESSAGE of the GOVERNOR Transmitting Report
OF THE
Highway Commission
JUNE 26, 1919
1919 BYRD PRINTING CO., State Printers,
ATLANTA, GA.

MESSAGE
STATE OF GEORGIA
EXECUTIVE DEPARTMENT
Atlanta, June 26, 1919.
Gentlemen of the General Assembly:
By Resolution No. 53 passed at the 1918 session of the General Assembly of Georgia (Georgia Laws 1918, page 923), the Governor, the President of the Senate and the Speaker of the House of Representatives, acting jointly, were directed to designate a Commission '' to make careful investigation as to the needs of this State in the matter of Highway Legislation, and to prepare and draft an adequate Highway Commission Bill, and report same, together with such recommendations as they make to the next session of the General Assembly''.
Hereto attached are:
(1) Copy of a letter signed by the majority members of the Commission transmitting bills recommended by them, and setting out a brief explanation of their work.
(2) Copy of bill (designated Bill No. 1) suggested by the majority and recommended by them for immediate passage, reorganizing and reconstituting the State Highway Department.
3

(:q Copy of bill (designated Bill No. 2) suggested
by the majority and recommended by them for immediate passage, prescribing annual "fees for licensing the operation of motor vehicles and motorcycles, and for licensing dealers in motor Yehicles and the operators thereof", and for other purposes therein stated.
(4) Copy of bill (designated Bill No. 3) suggested by the majority and recommended by them for immediate passage, the purpose of which is to amend Article 7, Section 12, Paragraph 1 of the Constitution so as to permit of an issue of bonds
to maintain, improve rmcl construct a State Sys-
frrn of Public Highways and Bridges.
(3) Copy of bill (designated Bill No. 4) suggested by the majority, the purpose of which is to amend _.:\rticle 7, Section 1, Paragraph 2, so as to authorize D levy of two mills on each dollar of value for maintaining, improving and constructing State Public Highv,ays and Bridges.
(G) Copy of bill (designated Bill No. 5) suggested hy the majority, the purpose of which is to authorize tlw issuance of bonds for the maintenance, improvenwnt nnd construction of State Public Highways and Bridges, which is suggested for passage in the event Bill No. 3, amending Article 7, Section 12, Paragraph 1 of the Constitution, authorizing nn issue of bonds for road purposes should be passed by the General .Assembly and ratified by the people.
(7) Copy of the Minority Report" containing a proposed Amendment to the Constitntion of Georgia
4

establishing a Highway Commission, and providing for the construction of a State System of Highways''.
The Budget and Investigating Commission, in the discharge of duties imposed upon it, considered the majority ancl the Minority Reports as submitted, and suggested to the majority of the Legislative Highway Commission the advisability of substituting for their Bill No. 4 seeking to amend Article 7, Section 1, Paragraph 2 of the Constitution so as to authorize the rwo Mill levy, another bill (designated as Substitute Bill No. 4, a copy of which is attached), -which would amend Article 7, Section 1, Paragraph l of the Constitution so as to authorize the use of "the po,ver of taxation
over the ,vhole State to be exercise(l by the Gen-
eral "\_ssembly ", "for the maintenance, improvement and construction of a State Systmn of Public Highways and Bridges".
The Majority of the Legislative Highway Commission, after considering the substitute bill proposed, approved it and requested that their program be amended by the substitution of the bill allowing taxation for road building, as hern suggested, in lieu of their Bill Ko. 4 providing for the rrwo Mill levy.
It is my opinion that the Staie should now undoubtedly assume some of the burden of highway and bridge maintenance, improvement and construe-tion, and that at this Sf)Ssion there should be enacted laws under ,vhich this duty may be performed.
5

The majority plan as amended is excellent, and it is respectfully submitted that at least Bills Nos. 1 and 2, reorganizing the State Highway Department and providing funds with which to support it and to initiate this progressive work, could now well be written into law. The adoption of these two bills will enable the State to embark immediately on the work of road construction in its own behalf, and will also enable it to materially assist the counties in the splendid road activities which they have already inaugurated.
Also Bill No. 3 and Substitute Bill No. 4 should be adopted immediately in order to give the State a comprehensive program for road building.
Such amendments as experience in the operation of the law will disclose are necessary, can well be left to the future. Respectfully submitted, HuGH M. DoRSEY, Governor.
6

GOVERNOR HUGH M. DORSEY,
State Capitol,

June 20, 1919.

Atlanta, Ga. Dear Governor Dorsey:

I have the honor to hand you herewith for transmission to the next General Assembly the Report of the Special Committee on Highway Legislation (appointed under Joint Resolution No. 53 as passed by the General Assembly of 1917-18), as required by the terms of that Resolution.

The Report consists of this letter of transmission, of typewritten explanatory statement by the Chairman in behalf of the Committee, the Majority andthe Minority Reports.

The Minority Report is submitted for information of the General Assembly, but is not recommended by the Committee.

Respectfully,
s. MORTON TURNER,

Chairman of Special Legislative Committee on Highway Legislation.

7

To the General Assembly of Georgia.
The Special Committee appointed under the Joint Resolution No. 53 of the General Assembly of 1917-18 "to make careful investigation as to the needs of this State in matters of Highway Legislation, and to prepare and draft an adequate Highway Commission Bill and report the same together with such recommendations as they may make to the next General Assembly'' has made earnest study of the subject and deliberated carefully thereon and submits the following results of its labors:
After reviewing carefully the Highway Laws of other states, and taking legal advice as to the immediate limitations imposed by the basic law of this State, and seeking to formulate proposals which would be both adequate and most expeditious as bearing upon the strong demand for the earliest possible enactment of such legislation for a system of state highways. Four members of the Committee unanimously united upon and do strongly recommend the program of bills hereto attached in printed form bearing their names.
The fifth member of the Committee, differing from his colleagues, also submits an additional study of the constitutional aspects as he sees them, and the Committee adds his printed paper and discussion to this report for the information of the General Assembly.
It is cleemed undesirable to embody a comprehen-
sive discussion of so large a matter in this report, but the Committee is ready to submit detailed in-
8

formation and sound reasons for its proposals orally or in writing to the General Assembly and its committees, and contents itself herein with the following brief comment:
Fundamental to prompt action and to any procedure by Constitutional Amendment are the two first bills; one reorganizing and enlarging the functions of the State Highway Departm(nt, and the other amending the Motor Vehicle Law. The details of these two bills have been very carefully studied and formulated. They have had the scrutiny of the Governor and the Budget Committee; and they have been laid before a large convention of tlie County Commissioners of Georgia, numbering 230 delegates and representing 91 counties and have received from the latter body wellnigh unanimous approval. These facts are mentioned that the General Assembly may see that the effort has been made to propose a form of working machinery which would appeal to the practical common sense of the interested county road authorities of the State.
The Committee has been favored by the voluntary assistance of a number of distinguished jurists who have criticised and adjusted the provisions of these two bills, and who confirm the Committee in the conviction that no invasion of the Constitution is wrought by these proposals, and that their enactment will give immediate results without awaiting the long delay and manifest uncertainties which attend the outcome of any proposed constitutional changes.
9

The essence of the two bills is as follows :
The creation of an inter-connected network of State roads reaching every county and aggregating 4800 miles. This equals the railroad mileage of the State and supplements that transportation network in more flexible form.
The assurance to each county of two State roads starting from the county seat for each representative from that county in the lower House as a m1n1m um.
The provision of an annual income from motor vehicle fees sufficient in 25 years to build the State roads in every county without cost to the Gounty.
The provision whereby counties furnishing the money from bonds or otherwise to build the State roads will be reimbursed for the cost of their roads from the State Road Fund, thus greatly hastening the rate of construction in the stronger counties, without jeopardizing the construction by the State of the State roads in any other county.
The non-political character and direct business-like approach to the operative features of the law, and the equitable expenditure based on mileage in each Congressional District of the available annual income.
The commitment of the State to the construction of the whole 4800 miles iri good faith to each county and in good 'faith to itself in order to secure the full benefits of assured inter-connected communication between all the counties of the State over durably built hard-surfaced roads.
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The new Highway Department Bill carefully guards and continues existing, relations with the Federal Government, in no wise endangers the same, and utilizes any Federal aid which is now, or may hereafter be, available in fortifying and more rapidly completing the State roads therein proposed.
These two bills are the backbone of the Committee's proposals for the immediate inauguration of this important work.
But the Committee has looked forward to the future when the State may wish to hasten or enlarge this specific network in response to traffic needs or popular demand. To this end, the limtiations now imposed by the Constitution of the State should be cautiously removed and the way made ready whereby an issue of State road bonds could be voted upon if demanded by the people. Hence, the Committee has submitted three additional bills, two of them seeking to remove the existing constitutional restrictions standing in the way of State Road Bonds, and the third setting forth a form of bond issue bill available when the two Constitutional Amendments shall have been passed.
These three supplementary bills are drafted and reported in order that the General Assembly coming directly from the people and understanding what their constituents want at this time may be in position to proceed as far toward clearing the deck for broad expansion of the scope of State Highway Legislation at this time as they may deem necessary or expedient.
The Committee wishes to acknowledge its great indebtedness to many distinterested and thoughtful
11

Georgians for both interest and direct helpful suggestium in the preparatiQn of these proposals, and to say to the General _.:\ ssembly that its r0port is resp(!dfully submitt()<l in no spirit of finality or pricle of opinion, but simply in the hope that some aid may have been renderecl toward the definite handling and prompt inauguration of a fundamental state netivit.v vital in its relation to every citizen nrnl so complex in its nature that simplicity and (lefinikness of the first steps are essential to safe sailing and ultimate arrival at the haven of satisfactory results. TIPsyieclUu1ly submitted on behalf of the Committee.
S. Mo1nox TuR_:,;ER, Chairman.
12

MAJORITY REPORT
Submitted lJy S. :l\f, T-c-H:,rnR, Chainnan,
CRAIG ARKOLD,
.ruLIAN M. SMITH,
C. M. RTRAHAN, Secretary.

No. 1
A BILL
TO BE ENTITLED AN ACT
To reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof: to create a system of State Aid Roads and provide for the designation, maintenance, and construction of the same; to create and provide for a State Aid Road Fund for the control and management thereof; to provide for the paving of said State Aid Roads by the State, or in cooperation with counties; or with the United States Government; to provide for assistance to counties upon the public roads thereof, and in retiring county road bonds; to assent to the provisions of the Act of Congress approved July ll, 1916, known as the '' Act to provide that the United States shall aid the State in the construction of rural post roads and for other purposes ;'' to provide the right to condemn property for State Aid Roads in certain cases ; and for other purposes.
ARTICLE ONE.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
That the State Highway Department of Georgia created and provided for by the Act approved August 16, 1916, is hereby reorganized and reconstituted as hereinafter provided, and said reorganized State Highway Department of Georgia shall at once succeed without interruption to the duties and pow-
14

ers of its predecessor not in conflict with this Act; and shall have full power and control in the performance and doing of all the things provided for in this Act.
ARTICLE TWO.
Be it further enacted, and it is hereby enacted by authority of the same:
That the assent of the State of Georgia to the terms and provisions of the Act of Congress approved July 11, 1916, known as the "Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes" is hereby continued; and that the State Highway Department herein provided for shall discharge all of the duties arising under said Act of Congress to be performed by a State Highway Department, and is hereby constituted the proper agency of the State of Georgia to discharge all duties arising under any amendment or amendments to said Act of Congress, or under other Acts of Congress alloting Federal funds to be expended upon the public roads of this State.
ARTICLE THREE
Be it further enacted, and it is hereby enacted by authority of the same:
Section 1. That the State Highway Department of Georgia, reorganized and reconstituted hereby, shall consist of the State Highway Board, the State Higlnvay Engineer, and the staff of engineering and office assistants.
15

Section 2. Paragraph 1. That the State Highway Department shall be managed and controlled by the State Highway Board which shall consist of three members, appointed_ by the Governor of this State, one each from the following territorial areas of the State described below as Divisions One, Two, and Three; to-wit: Division One shall be that area of the State lying south of the parallel of latitude knovrn as thirty-two degrees and five minutes, north latitude; Division Two shall be that area of the State lying between parallels of latitude known respectively as latitude thirty-two degrees and five minutes and thirty-three degrees and thirty minutes, north latitude; and Division Three shall be that area of the State lying north of the parallel of latitude known as thirty-three degrees and thirty minutes, north latitude.
Paragraph 2. That the full term of office of said members shall be six years, with initial appointments designated for two-four, and six years, respectively, so that the term of office of one member shall expire every two years.
Paragraph :3. That the chairmanship of the State Highway Board shall vest every two years in that member who is entering his fifth year of service; Provided that for the purpose of inaugurating this rotation plan, the member appointed for the twoyear term shall be the chairman, to be succeeded in ofiict~ by the appointee for the four-year term; and provided further, that the term of office of all initial appointees shall include in addition that fractional rnrt of the year intervening between the date of appointment and January first of the next succeeding
16

calendar year, from which latter date the two,- fourand six-year terms of office shall be reckoned.
Paragraph 4. That members of the State Highway Board shall hold office until their successors are appointed and qualified; that they shall be paid a per diem of $10.00 per day and actual traveling expenses while engaged in the performance of their duties; that vacancies shall be filled as in the case of the original appointments; and that no member shall hold an elective State office while servmg as such member.
Paragraph 5. That when the chairmanship is made vacant by death, resignation, or other permanent cause, the immediate successor to that office under the rotation plan shall assume office and continue therein. until the expiration of his term of office as member of the Board.
Section 3. Paragraph 1. That the State Highway Engineer shall be selected and appointed by the State Highway Board to hold office at the will and pleasure of the Board; that he shall be paid such salary as the Board may determine and shall be allowetl his necessary traveling expenses incurred in the performance of his duties.
Paragraph 2. That the State Highway Engineer shall sit with the State Highway Board in the transaction of business, but shall have no vote; and that he shall act as the executor of the general orders and policies of the said Board and be the executive head of the staff of engineering and office employees with power to employ and discharge the members of said staff.
17

Paragraph ~3. That acting under the rules and regulations of the Board, the State Highway Engineer shall assume full responsibility for the efficient organization and administration of the staff in the performance of the following duties:
To supervise, make surveys, plans, and estimates for all road and bridge work under the supervision or control of the State Highway Department, to prepare and direct the letting of contracts for construction or maintenance of such roads nml the subsidiary structures thereof, to set forth stamlarcl nwthods of construction and tests of materials, to aid and dir<>ct county road authorities in county road work, to collect statistics and information in regard to the roads of this State, and useful data concerning highway matters in other states, to publish bulletins, to make tests and experiments upon road building materials, to prepare special and general maps for the information of the Board and of the public; to devise and put in force a proper system of audit and accounts and to perform such other duties as may be assigned by the Board to carry out the purposes of this Act.
Section 4. That there shall be a staff composed of such assistant engineers, employees, and clerical assistants as may be needed and determined by the State HiglnYay Boanl from time to time, with such titles, salaries, terms of office and duties as may be fixPd by said Board, to be appointe(l or Prnployed as
prnvided in Article :3, Section 3, Paragraph 2 hereof.
ARTICLE FOUR
Be it further enacted, and it i.s hereby enacted by authority of the same:
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Section 1. That there is hereby created a system of State Aid Roads in this State which shall be designated, constrnctecl and maintained by the State under the State Highway Department, and the provisions of lmY; and that the term State ,-\id Roads shall include the State or inter-State bridges and other suhsidiar:T structures necessary or desirable in the construction of said roads.
Section 2. That there is hereby created a State Aid Road Fund to be controlled and expended by the State Highway Board as herein provided for, arnl that said fund shall consist of such moneys as are provided for herein, and as may from time to time he npproproiated, or provided for road or highway ,rnrk hy the State of Georgia, or by the United States, or by the se,,eral counties of the State, or from other sources.
Section 3. That all funds realized from motor vehicle licenses, or fees under present or future laws, less the expenses of collecting the same as provided by law, shall be deposited with the Treasurer of this Stak, to the credit of and as a part of the State Aid Road Fund hereinbefore created, and said funds shall be controlled and disbursed under the prnvisions of this Act.
Section 4-. r:l1hat the clisbursernent of the State Aid Road Furnl shall be made upon warrants drawn by the GoYErnor upon bills of particulars and vouchers submitted by the State Highway Department or its duly authorized representati,,e.
19

ARTICLE FIVE
Be it further enacted, and it is hereby enacted by authority of the same:
Section 1. That the powers and duties of the State Highway Department, to be exercised by the State Highway Board, the State Highway Engineer, and the staff thereof, shall be as follows:
To have charge and control of all road or highway ,vork designated or provided for, or_ done by the State or upon the State Aid Roads; to designate, supervise, construct, and maintain a system of State Aid Roads, provided that no road shall become a part of said system until the same shall be so designated by the State Hivhway Board by written notice to the county road authorities concerned; to have the control, charge, supervision, and expenditures of all funds now or hereafter appropriated or provided for highway or road work by the State, or which may be a part of the State Aid Road Fund; to have power to provide for surveys, maps, specifications, and other things necessary in designating, supervising, locating, constructing or maintaining said State Aid Roads, or such other public roads as may be provided under this Act; to secure consulting advisors in important technical matters, including the qualifications of technical employees; to employ clerical assistance and incur other expenses, including necessary equipment and office rent; to pay the compensation and expenses of all officials and employees of the State Highway Department; and to provide for such other expenses as may arise under, or be in harmony with the provisions of this Act.
20

Section 2. That, immediately after the passage of this Act, the State Highway Board shall proceed to designate the system of interconnecting main traffic public roads to be known as State Aid Roads as comprised under the following provisions:
Provision 1. Two main traffic roads, starting from the county seat, shall be so designated in each county for each member of the House of Representatives in the General Assembly representing such county; raid roads to traverse the county to the county line and to connect with the designated State Aid Roads of any adjoining county or counties; Provided, that no county shall have more than four such roads under this provision.
Provision 2. Additional mam traffic roads may be designated which are necessary to complete the interconnecting system set forth in Provision 1, where unusual topographic or traffic conditions are met with, or to serve important market points not already reached, or to give more direct traffic routes between large business centers, where the direct traffic is heavy, and the county seat to county seat routes involve substantial loss of distance; Provided, that the total mileage to be designated hereunder shall not exceed one~third of the mileage arising under Provision 1.
Provision 3. In designating and locating the entire system of State Aid Roads, the effort shall be made to serve as large a territory and as many market points as practicabl~ with the said system, due consideration being given to traffic density, topographic and construction difficulties, and to securing main trunk line routes between the larger traffic cen-
21

tres of' the State; Provided that the total mileage to be desi,<:!;nated as State Aid Roads shall not exceed (4800) forty-eight hundred miles.
Pro\-ision 4:. The State Higlnrny Engineer thdl prepare a n!port or reports accompanied by maps setting forth the general routes between county S('at aml traffic \'tntn,s of roads reconwmm1ed for (fosignation ns State Aid Roncls for appronil by the State Higlnrny Board. when dnly approvc<l by sai<l Board, the said maps shall be filed with the Secn'tar;- of State as the authorifati,-e rPcord of such dcsigmitec1 State .1\ id Roa(1s, nrn1 copies shall be furnished to the counties concern.C'c1.
Provision 5. 'rhat when any portion of the designated State .1\i1l Road System is taken un<lt'.l' the jurisdiction of the State Hig'ln\-ay Department by written notice as prescribcc1 in ~~rticle 5, Section l, hereof, tlw county or countirs in which said portion is locak,1 shall not thenafter bt! required to levy taxes for the construction or maintenance of said 11ortion, or i.o use m1>- of its funds or road forces ."n tlw construction or maintenance thereof.
Section :L Thai it shall be the duty of the State High-w,1,\~ Boanl to institute arn1 carry out efficient and equitable plans for rnainknance, for imprnV(!mcnt, ancl for tlw construction of <lurahle p,wing on the designate<l Stnte ~-\ i(l Roads, whereby the entire system slrnll. a3 rapidly as. possible with the funJs made anlilalile, be prepared for, and receivn such type of panment known to be c1urable under lwiwy tr:1.flic as the Shtc Higlnrny Department shall specify.
22

Section 4. That the (livision and allotment of the State Aid Road Fuml, or other available funds, shall be made by Congressional Districts, and construction work shall proceed in each (listrict -with the funds annu,tlly allotted thereto.

Section i:i. rrlrnt the State Highway Board shall

ha,e authority to plan arnl to construct and maintain

said State Aid Roads in anv manner thev mav deem

ti

'



expcclient; by free labor, by contracts, or by any

other method or combination of methods in tl1Pir

<l iscretion.

S<ction G. That the State High,rn.- Board may use its fumls for the construction of State Aicl Roads in cooperation with the Federal Go,ernment when fumls tl1<!refrom are a-vailable; ancl that it ma.- use its funds in cooperation with the counties of this State for any lawful 1mrpose lwrennder; lll'(n-idecl, that at all times construction funds shall be usecl upon, aml as a part of said State _;-\._id Roacl System and umlPr specifications approvecl hy the said Board and in acconlrmce with this Act.

Section 7. Tlrnt ilw resriectfre eonnty road authorities shall [mnish to the State Higlnva.-T Board all necPssmy ri;ht-of-wny for the desigrn'.tecl State "\id Ronds in <nch county; and tlrnt the saicl Board shall haY(' the rig-ht to )'e(1nire reasonab1e upkeep arnl hetternw11t from the counties upon th<! <ksignate<l State Ai<l Ron<ls therein, prior to permanent paying of tlw :,:m1c, urnler penalty of ',YithdrmYal of present or JlI'OSl)ectfrc, State Aid from any lk,Jinquent count.-, arn1 ~lrnll fix tlw terms of reinstatement for any such <lelinquc)nt.

23

Section 8. That until the construction of the said designated system of State Aid Roads is completed, at least seventy (70%) per cent. of all available funds from whatever source composing the State Aid Road Fund shall be used for the construction of the actual paving of said State Aid Roads, or in lieu thereof, to refund to, or to reimburse counties which have actually constructed a similar road under the specifications and supervision of the State Highway Department as a part of said designated State Aid Road System and that the remaining funds, to-wit: thirty (30%) per cent., may be used by said Board for the purpose of maintaining, grading, and improving State Aid Roads preparatory to paving the same, in building and maintaining bridges, in assisting counties on other public roads as provided herein, and in paying the expense of the State Highway Department; Provided, that the sums to be used for the support of the said Department shall be fixed annually in advance upon a budget sheet submitted by the State Highway Board and approved by the Governor of this State for the fiscal year beginning on the first day of July, 19~0, and for all succeeding fiscal years beginning on the said first clay of July in each calendar year thereafter.
Section 9. That the State Highway Board shall annually submit to the Governor, thirty days prior to the meeting of the General Assembly, a complete annual.report of the operations, activities, and also the plans of the State Highway Department, for the ensuing year, together with a budget sheet to cover the next fiscal year, and with recommendations bearing upon the ,vork with which the said Department is charged.
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ARTICLE SIX.
Be it further enacted, and it is hereby enacted by authority of the same:
Section 1. That counties which shall hereafter build roads by bond issues, or otherwise, on approval and under the plans, specifications and supervision of the State Highway Department as a part of the system of State Aid Roads, may be reimbursed in whole or in part for said bonds or for said cost, or may have the sinking fund or interest upon said bonds provided for by the State Highway Board; Provided, that said projects shall be approved in advance by said Board by formal action entered upon the minutes, specially setting forth the agreements, and provided that thereafter said roads as constructed shall constitute a part of the State Aid Road System and be maintained as herein provided for.
Section 2. That it shall be the duty of county road authorities of this State to submit to the State Highway Er,gineer full information, on a form prescribed by him, as to any contemplated bond issue, any proposed highway construction involving an amount of $2,000 or more per mile, and any proposed construction of a bridge of a clear span of ten feet or more. Upon the receipt of such information, it shall be the duty of the State Highway Engineer to take such steps as he may deem necessary to provide surveys, plans, specifications, estimates, and supervision for the proposed work. All such surveys, plans, specifications, estimates and supervision shall be clone under the direction or subject to the approval of the State Highway Engineer, and the Board.
25

Section :-3. That whenever any county desires to issue bonds for highway impronment, the duly constituted authorities shall communicate the facts to the State Highway Engineur who shall thenupon cause such investigation to be mnde as will clearly sd forth the general nature ancl extent of the proposed improvement, arnl its estimated. cost; nncl he shall file with the duly constituted authorities a report sPtting forth this information, ancl such report :,;hall in substance be embodied in the order of election for such bonds; arnl if bomls are votecl and sold, the work dom~ then) under sha11 he sup::rvisecl by the Stak Higlnrny Engineer on behalf of the State Highway Board.
Section -1.-. That the State~ Highvray Board., acting for arn1 in hchalf of thP State, is hereby authorizec1 to exercise tlw rig;ht of eminent <1omain i.n the comlenurntion of right-of-wa_\ and property thernon for usP of the said State Ai(l Roads, ,\'lwre the county fai1s to furnish such right-of-way, aml that nothing herein shall inkrfore with the prcsent right of coun-
ties to con(1enm for 1oac1 purposes, Pven though such corn1emnation shall be for tlw estahl-ishment of a
portion of tlw State Aic1 Road SystPrn, which right 1s hPreby expressly given to the counties.
ARTICLE SJ<JVEN
He it further Pirnete(l, ancl it is hereby enacted b.\
authorit_\ of tlw same:
That nothing herein containeLl shall repeal any criminal law with re forence to highwa_\'S_, or the rights or duti('S of the public with reference thureto, nor shall this _.\ct repeal any other provisions of lmv
26

whatever except such as are necessarily m direct conf-lict herewith.

ARTICLE EIGHT

Be it further enacted, and it is hereby enacted by

authority of the same:



That all laws or parts of laws in conflict with this Act are hereby repealed.

27

No. 2
A BILL
TO BE ENTITLED AN ACT
To amend an Act knmYn as '' The Georgia Motor Vehicle Law,'' approved November 30, 1915, and as amended by an Act approved August 20, 1918; to prescribe the annual fees for licensing the operation of motor vehicles and motorcycles and for licensing dealers in motor vehicles and the operators thereof; to provide expenses for the enforcement and operation of said motor vehicle law; to provide for the use of the net proceeds of the funds collected hereunder; and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enactetl by authority of the same: That Section 6 of the Act approved November 30, 1915, known as '' The Georgia Motor Vehicle Law" and as amended by the Act approved August 20, 1918, be ancl the same is hereby amended by striking out all parts of said Section 6 and substituting therefor the follo-wing:
Section 6. Be it further enacted, That the annual fees for the licensing of the operation of motor vehicles ancl motorcycles shall be :
For each motorcycle .................. $ 5.00
For each passenger-carrying motor vehicle seating ten or more passengers. 100.00
],or each passenger-carrying motor vehicle not exceeding 22 horsepower. . . . 15.00
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For each motor vehicle, exclusive of nonpassenger-carrying motor vehicle or truck exceeding 22 horsepow_er, per horsepower . . . . . . . . . . . . . . . . . . . . . . . . .80

For each non-passenger-carrying motor

vehicle or truck of one ton capacity

or less

20.00

For each non-passenger-carrying motor ,-ehicle of more than one and not exceeding one and one-half tons capacity 30.00

For each non-passenger-carrying motor vehicle or truck of one and one-half tons and not exceeding two tons capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40.00

.B'or each non-passenger-carrying motor vehicle or truck of more than two tons and not exceeding two and one-half tons capacity . . . . . . . . . . . . . . . . . . . . . .

50.00

V'or each non-passenger-carrying motor vehicle or truck of more than two and one-half tons and not exceeding three tons capacity . . . . . . . . . . . . . . . . . . . . . .

60.00

For each non-passenger-carrying motor vehicle or truck of more than three tons and not exceeding three and onehalf tons capacity ..............'. . . .

70.00

For each non-passenger-carrying motor

vehicle or truck of more than three and

one-half tons and not exceeding four

tons capacity

100.00

29

:B1 or each non-passenger-carrying motor vehicle or truck of more than four tons and not exceeding five tons capacity .. 200.00
For each non-passenger-carrying motor vehicle or truck of more than five tons and not exceeding six tons capacity ... 500.00
For each non-passenger-carrying motor vehicle or truck of more than six tons and not exceeding seven tons capacity .1000.00
For each non-passenger-carrying motor vehicle or truck exceeding seven tons capacity ........................... 1500.00
For each motor vehicle not otherwise classified herein: (a) Not exceeding 22 horsepower. . . . 15.00
(b) Exceeding 22 horsepower, per horsepower . . . . . . . . . . . . . . . . . . . . . . .80
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 appJication for a general distinguishing dealers' number specifying the name or make of motor vehicles manufactured or sold by them, upon blanks prepared by the Secretary of State, for such purposes, and pay therefor a fee of Fifty ($50.00) Dollars, which fee shall accompany such applications, and for -which said fee the Secretary of State shall furnish to said dealers five number plates, to be known as dealers' numbers, and be distinguished from the number plates herein provided for, of a different and disting11ishing color to be determined by the Secretary of State.
30

~-\nd Provide<l F'urther, That manufacturers and t1ealers having obtained tht~ir dealers' license and number as henin provided, may obtain additional plates to be made of cardboard of the same size and color as the regular metallic plates, upon which shall be printe<l the dealers' number, and a space under the cl enlers' number, said space to be filled by the
(1enl(r and loaned to the purchaser of any motor
vehicle, and dakd as of date of sale and to be stenciled \\ ith rubber type, '' This Tag Expires 10 Days from (liPr0in is placed date of sale), 1919" or year of sale>. That said can1 or tag is to be used only until purelwsPr procuns their own license numlH:r as pro,i<1t~(1 in this Act.
.Ancl Pro-,ided Further, That any person using one or more of thesP card tags longer than the ten days as provicle(l shall he guilty of misdemeanor and be fined the sum of One Humlrec1 ($100.00) Dollars and costs of prosecution, one-half of the saicl fines to be paid to the informer or prosecutor.
"\m1 Provided :B'urther, hmrnver, dealers' numlwrs, Y,lwn issued shall not be used on any make or kind of motor yehicle except that particular kind or
make of vehicle to which said number has been as-
signed by the Secretary of State, and shall not be
used for an~- purpose whatever except to demon-
strate ne\\ cars br the dealer or his regular salaried employees, arnl except to transfer such motor vehicles to and frorn shipping points and warehouses, ,,tot'( moms arn1 plaePs of business of tlw dealer, by snid dPaler or his regular salari("<l employees. No dealer shall use his <lealer's number plate or allow :my ernploF'<', dinnffeur, or mechanic or private in-
31

(lividual to use his dealer's number plate on any motor vehicle for private use or hire, or pleasure, or for any purpose whatsoever not provided for in this amendment or the Act which it amends.
And Pro~0 icled 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, as then prescribed by law.
Section 2. Be it further enacted, That Section 19 of the said Act approved November 30, 1915, and mnended by the Act approved August 20, 1918, be and the same is hereby amended by striking all parts of said Section 19 and substituting therefor the follmving:
Section 19. Be it further enacted, That the necessary expenses to carry out the provisions of this law shall be defrayed out of the sums collected thereunder and the amount thereof shall be fixed annually in advance upon an itemized budget sheet submitted by the Secretary of State, thirty days prior to the meeting of the General Assembly accompanied by an itemized report of the expenditures made for the preceding year, when approved by the Governor of this State; and said expense fund or so much thereof as shall be drawn upon warrants of the Governor supported by bills of particulars and vouchers submitted by the Secretary of State; Provided, said expense fund as shown by said approved budget sheets shall be set aside out of the first collections made hereunder in any fiscal year.
Section 3. Be it further enacted, That Section 20
32

of the aforesaid Act approved November 30, 1915, and as amended by the Act approved August 20, HH8, be and the same is hereby amended by striking all parts of said Section 20 and substituting therefor the following:
Section 20. Be it further enacted, That the full amount of the fees collected under this Act shall be turned into the State Treasury by the Secretary of State within thirty clays after collection in such manner as the State Treasurer may prescribe, and that it shall be the duty of the State Treasurer to set aside from said fees the sums authorized by the budget sheet as prescribed under Section 19 hereof, and to place the remainder of said fees to the crec;lit of the State Aid Road Fund to be expended upon the public roads of this State as may be provided by la,v.
Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
33

A BILL
r:L'O BJ<J ENTITLED AN ACT
To amend ~\rticle 7, Section 12, Paragraph 1 of the Constitution of this State so as to permit the inCl'ease of tlw bonded <lrbt of the State for the srwcial purpose of constructing and maintaining a system of main traffic public roads connecting th( c01::nty s0ats of the counties of this State, for the militar_\ (1efense and commercial we1fan~ of tlw SfotP ancl for other purposes.
I
Section 1. Be it enacted by the GPneral Assemh]r of tlle State of Georgia, That Article 7, Section 1:2, Paragraph J of the Constitution of this State be nmPuded b:, adding at the Pll(I of snicl Paragraph 1 Ill< i'ollo,Ying ,ninls, to-,vit: "to construct and maint:iin a s:,:-;tnn of main trnffic public roads, connecting tllP counti<'s of this State for the military defense :md comm(1cinl welfare of the State," so that said Pnragraph l as anwmled shall read:
'' PnrngTaph 1. The boll(fo<l debt of the State :-;hall m,pr he incn't;sed except to rppel invasion, sn1>pn:-;s insul"l'ection, or defencl the State in time of ,nu, or to construct and maintain a system of main trnCfic public roads connecting the county seats of tlle counties of this State, for the rnilitar:,- defonse arnl commercial we1fare of the State."
Section 2. Be it further enacted, That whenever the nhcrn_ vrnposed nnHmlment to the Constitution ;.;lrnll be ngree<l to by hrn-thircls of the members
34

ekcted to each of the t,rn houses of the General Assembly, and the same has been entered on the .Journals, with the .veas and nays thereon taken, the Governor shall, and he is hereby authorized and instructet1, to cause saitl amendment to be published in at least two ne-\Yspapers in each Congressional District in this State, for at least two months next preceding the time for holding the next general election.
Sectio11 :3. Be it f11rtl1er enacted, That tl1e abo,le proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held, after publication as provided for in the second section of this ~-\.ct, in the several election districts of this State, at which election every person shall he qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have ,uittf>n or printed on their ballots the words, '' J11 or ratification of the amemhnent to Article 7, Section 1:2, I'arngraph 1 of the Constitution, so as .to permit the increase of the bonded debt of the State for the special purpose of conRtructing arnl maintaining a system of main traffic public roads connectin the county seats of the counties of this State for the military defense and commercial welfare of the State;'' nnd all persons opposed to the adoption of saill amendment shall havt~ written or printed on their ballots the words '' Against ratification of the amendment to Article 7, Section 12, Paragraph 1 of the Constitution of this State, so as to increase the bonded debt of the State fo-r the sywcial purpose of constructing

and maintaining a system of main traffic public roads connecting the county seats of the counties of this State for the military defense and commercial welfare of the State". And if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for said amendment, then said amendment shall become a part of the Constitution of this State.
Section 4. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment
proposed in the first section of this Act to a vote of
the people as required by the Constitution of this State in Paragraph 1 of Section 1 of Article 13, and by this Act, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to -whom the returns shall be referred in the manner as in cases ofelection for members of the General Assembly, to count ancl ascertain the results, issue his proclamation and cause the same to be inserted one time in one of the daily papers of this State, announcing such result and declaring said amendment ratified.
Section 5. Be it further enacted, That all laws aml parts of la,vs in conflict with this Act be, and the same are hereby repealed.

No. 4
A BILL
TO BE ENTITLED AN ACT
To amend Article 7, Section 1, Paragraph 2 of the Constitution of this State, so as to limit the levy of taxes in any one year by the General Assembly for all purposes, except to provide for repelling invasion, suppressing insurrection, and defending the State in time of war, and the constructing and maintaining of a system of main public roads connecting the county seats of the counties of this State to five mills on each dollar of the value of the property taxable in this State, and to limit the levy of taxes in any one year for the special purpose of providing said system of main public roads connecting the county seats of the counties of this State, for the military defense and general welfare of the State, to two mills on each dollar of the value of the property taxable in this State, and for other purposes.
Section 1. Be it enacted further by the General Assembly of Georgia, That Article 7, Section 1, Paragraph 2 of the Constitution of this State be amended by adding after the word ''war'' in said paragraph the following words, to-\\'it: "and constructing and maintaining a system of main traffic public roads connecting the county seats of the counties of this State," ancl after the concluding word of said paragraph by adding the following words, towit: '' and the levy of taxes in any one year by the General Assembly for the purpose of constructing
37

and maintaining a system of traffic roads connecting the county seats of the counties of this State for the military defense and general welfare of the State, shall not exceed two mills on each dollar of the value of the property taxable in this State,'' and that when bonds are issued hereunder for such roa<1s by enactment of the General Assembly, a special levy shall be made annually to pay the accruing interest and principal of said bonds under the provisions of said enactment, ,vhich provisions shall not 1w modified or changed by any authority of this State until the sai<l bonds, principal and interest shall have been fully repaid: Provided, That the net receipts in this State from all motor vehicle licenses and fees shall be set aside and used for the construction arnl maintenance of said roads and can be used to pay any annual accruing interest arn1 principal of any rond bonds issued hereunder: nnd that the levy of taxes to be made in any one year slwll be only for tlrnt portion 0f the inte1est arn1 principal of such hnrn1s falling (1ue in said year that is in excess of tlw motor vehicle net receipts collected in the preceding year, available for meeting said principal al1(1 interest,'' so that the entire paragraph shall read as amended:
'' Paragraph :2. The levy of taxes in any one yenr by the General Assembly for all purposes <'xcept to provide for repelling inYasion, suppressing insurrection, or defrm1ing the State in time of war, or constructing and maintaining a system of main public roads connecting the county scats of the counties of this State, shall not exceed five mills on each dollar of the value of the property taxable in this State; and the leyy of taxes in any one year by the ll-eneral Assembly for the purpose of constructing and main-
38

taining a system of main traffic public roa<ls connecting the county 8eats of the counties of this State, shall not excee<l two mill8 on <:'ach dollar of the nilue of the propert.'- taxable in this State; and that whc->n bonds are issued hereunder for such roads h:v enactment of the General Assembly, a special levy shall 1w made annually to pa:- tlw accruing interest nrnl principal of said bonds umler the p1ovisions of said enactment, which provisions shall not be modifie<l or change<l by any authority of this Stak until the sairl bomls, princival aml interest shall have been J-'nlly repaid; Pnwided, That the net receipts in this StatP from all motor vehicle licc~nses aml foP8 can be sPt aside arnl nse(l for the construction and maintenance of said rowls aml be usecl to pay any annual uccruing inttrest and principal of an.,- road bonds iss1wd hcreurn1Pr; aml that the lev.'- of tnxes to he m:H1e in an.' one .n~ar shall be only for that portion of the interest arnl principal of such honds falling <lne in sai<l .''<'Hr that is in excess of th<? motor vehicle net reccipts co11cct<d in tiw prececlinp; .'em ,n-ailablE> for meeting said principal nncl interest.''
S<ction :2. He it further <'nacte<l, That whenever the alion: 1novos(_d anwrnlment to thP Com,titution sh:,11 ]H, agTec(l to h.v two-thirds of the members el(cied to (~nch of the hrn Houses of the Gemral ~\sS(mbly, and the snme has bPen enterE>(l on the J ournals, with the yeas and nays therE>on taken, the Ooven1or shall, nrnl he is hereby authorized arnl instructed, to c,ms< sai<l amendment to be published
in at least two nE>,Yspapers in each Congressional
District in this State, for at 1(ast tmi months 1wxt preceding the time for hoh1ing tlw next ge11ernl elect:on.
3B

Section 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held, after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons at said election in favor of adopting the proposed amendment to the Constitution shall have -written or printed on their ballots the words, "For ratification of the amendment to Article 7, Section 1, Paragraph 2 of the Constitution of this State, so as to limit the levy of taxes in any one year by the General Assembly for all purposes, except to provide for repelling invasion, suppressing insurrection, and defending the State in time of war, and constructing and maintaining a system of main public roads connecting the county seats of the counties of this State, to five mills on each dollar of the value of the property taxable in this State, ancl to limit the levy of taxes in any one year for the special purpose of providing said system of main public roads connecting the county seats of the counties of this State for the military defense and general welfare of the State, to two mills on each dollar of the value of the property taxable in this State,'' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, '' Against the ratification of the amendment to Article 7, Section 1, Paragraph 2 of the Constitution of this State, so as to limit the levy of taxes in any one year by the General Assembly for all purposes except to provide for repelling invasion, suppressing insurrection, and defending the State in
40

time of war, and constructing and maintaining a system of main public roads connecting the county seats of the counties of this State, to five mills on each dollar of the value of the property taxable in this State, and to limit the levy of taxes in any one year for the purpose of providing said system of main public roads connecting the county seats of the counties of this State for the military defense and general ,velfare of the State, to two mills on each dollar of the value of the property taxable in this State." And if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for said amendment, then said amendment shall become a part of the Constitution of the State.
Section 4. Be it further enacted, That the Governor be, and he is hereby autohrized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Paragraph 1 of Section 1 of Article 13, and by this Act, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to ,vhom the returns shall be referred in the manner as in cases of election for members of the General Assembly, to count and ascertain the result, issue his proclamation and cause the same to be inserted in one of the daily papers of this State, announcing such result and declaring said amendment ratified.
Section 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
41

Xo. 5
,\ BILL
To authorize thr- issue of $ ............ in bonds of thr- State of Georgia for use in constructing a portion of the system of State ~"\ i<l Roads connecting county sc,ats under the provisions of lmY heretofore enacte<l; to prescribe the terms and kirn1s of bonds, and the manner in ,vhich they shall be issue<l nml sold by the Governor of this State; to provide for the k,7 of a general tax to pay the interest arnl principal thcn'of, anc1 for other purposes.
Sr-c1io11 l. BP it enndPd by tlw G<>1wrnl ,\ss<'mhl_\- of Georgia, arnl it is hPrcby e1rnctP<l b:-, nnthority of tlw snmP, That the Gon'rnor of this State is lwrehy <lll}JO\\"Pred to prepn re and lrnve engTavec1, ,md sell, as hereinafter provi<1Pd, obligations of the State of Georgia to lw known as State Ai(l Road BornlR of tlH" ShtP of Georgia in the sum of $ . . . . . . . . . . . . . . . . . , tlw 1nocec,(1s of which, when sol<l, shall lw dqJositc,,! with tlw State 'l'reasurer to the c1e(lit of the 8tak --:\id Roacl f'nml to ht E!xpern1P(1 for construction and mninternmce of tlw system of State , \ i<l Hoads br the RtatP Hig11way Departn:ent urnlc,r tlw pnivisiom; of tlw .\ct npymn-ed (Bill ~), when this authorit_\- shall haYe recei,-e<l tlw npprovnl of the people of this Stafr :1t a gPnernl Plection he]c1 for the purpose.
Section :2. That sai(1 obligations, or State --:\i<l Ron<1 Born1s, ~]wll l1enr not more than fiv<' 1wr cent.
-l:2

iutc,r,\,t, JH~yable semi-mmually, in gold at the State CqJitol in ,\_tl:rnta, Georgia, aml shall run for a term of yenn, not exceeding twenty years.
Section :\. That the Gm-ernor shall have tlH power to is:me snid bonds and to sell the same in parti~:l amounts, arn1 in such fonn m; to maturity, and <1ni<' of i8SU( nrnl other details as may lw ddern,i1w,l hy tlH! recornmern1ation of tlw State Higlnrny Departnwnt when approved br the Governor and tLe ~~ ttor11(y General; Pro,-icled, That the total amount of tlH~ bonds to be issu0<1 hereunder shall in no casP exceed the sum of $ ........... ..
Section 4-. B<' it further <nacied, r:i1 hat the General , \ ssembl:- shall separately lc~,-y a g<'neral propert: tax to pro,-ide for the accruing interest and parts of tlw principal of sni<l lJOnds maturing in each yenr, until sai(l bornls "-ith the p1incip:il ancl inte10st theroof are faith-full~ and Pntird,1- repai<l.
~:'ction 3. BP it further enacted, Tlint the' Ge11on1.l .-\ssPmbly sJrnll lw empov,'crecl to annuall:- withdraw from tlw Stnte ,\ i<l Hoa<l Fnrnl such sums arisiw~ from motor ,-d1icll' f(<'S as <lo 11ot excePd tlt<' arnom1t rnisc'<l by special tnx lP;-~ for State Road Bonds in that ycm nrnl use such withdrawals as n pm i of the genc->ral fund for State purposes.
Section G. BP it further Pnactefl, That a careful record shall be kept h~' tlw Treasurer of this State of :ill outstarnling State ~~id Roa(l Bonds arn1 of the dates of maturity of interPst aml principal of the same, arnl saicl Tn,asurer shall submit to the Governor, thirty dars before the meeting of the GeJ?:ernl Assemhly, an accurate financial sheet showing tlw amounts arnl dates of intPrest ?.ml principal of said
43

bonds which will accure during the next succeeding fiscal year, and such sworn statement from the Treasurer shall be used as the basis of the general property tax levy provided for in Section 3 hereof, and said financial statement shall be transmitted to the General Assembly by the Governor.
Section 7. when saicl State Aid Road Bonds shall mature, the final payment on any bond shall be macle upon delivery of the said bond to the State Treasurer, who together with the Governor and the Attorney General shall be charged with the duty of witnessing and recording the destruction of any such boncl by fire.
Section 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
44

MINORITY REPORT
Submitted by Ho:---. ,VALIER P. AKDREWc,.

To the Geucral Assem.bly of Georgia:
In pursuance of a joint resolution of the General .Assembly nf Hl17-18, No. 5~1, I ,vas appointed as a
menilHr of thE committee whose cluty it was to
'' make careful inn~stigation as to the needs of this State> in the matter of Highway Legislation, and to prepnre arnl draft an adeqn,tie Hig-l1way Commission Bill nrnl report the same, together with such recomnwndations as they may make to the next session of the Gc~nenil Assembly". As ,l'member of that cormnitke I have given earnest, painstaking and m(luous consideration to that gnat subject, and while I amnL'ci,1tt that the othPr four memlHrs of said comrniH0<' lrnve done like,Yise, I nevertheless have not heen nblr to fully agree with their program of l0gislntion. Therefore, I am submitting for your consi<lerntion a propose<l constitutional amendment, ,,-hich I think covers the es1-wntial m1<l snlient feahues of this kgislation. I present this as an aclditionnl thought upon the suhject, with the view and idea tlrnt :-on nwy give snch ccmsit1eration to it as .'--om judg11mot may clictnk. rriw only thought I lrnn in the matter is to nic1 the General Asst'mbly in arriving at a wise, comprelwnsi--.-e nml allequate plan of legislation upon this suhject. I shall not in the l0ast feel any personal disnppoiutment if the snggestiom; I lwnin make shauld fail to rt'ceive your favorable action, but after consultation with numerous gentlcnwn who are widely informed and deeply intereste<1 in this subject, arnl lrnving gotten their ,-iews and concentrated them into this proposed constitutional amendment, as far as I could, I beg to submit thQsP furnlnmental principles for your earnest consi(leration:
46

First. rrhen~ is no pnrns10n in the Constitution of Georgia for taxes to be levied in this State for highway purposes. Statewide taxation cannot be levit!<l in Georgia for highway purposes and, therefore, the tax money of the State cannot be employed for that purpose. I do not believe anybody will controvert that point. So that it is furn1amentally ess0ntial that Urn Constitution of the State b( mnende(l so as to provide that such funds may be employed in the building and maintaining of higlnrnys in Georgia. It is a matter of grave doubt as to whether or
1
not monies derived fr~m special taxes on motor vehicles can be employed by the State for the purpose of buiMing highways, and legislation largely increasing the present rate of motor vehicle taxation ,Yould no doubt be contested and in all probability defeated unless same should be provided for b; constitutional amendment.
Sccoml. The matter of higlrway construction ha,; now assumed such mammoth and universal p1oportions that an adequate higlnrny Deparhrnnt ought to he created by constitutional amenclrnent instead of a mere k>gislativc enactment. The reasons for this are perfectly apparent to all. Ko doubt in the next foe years the huge sum of F'ifty Million ($50,000,000.00) Dollars will be sp,mt in Georgia by the Higlnrn: Department in l'Oc~<l construction throughout this 8tate, nrnl this is a matter of such transc(rnlent importance that the creation of this Department unght to he stabilized by a constitutional enactment and not left to political whim and unfriendly amendments at the annual meetings of the Ge1wral .Assembly. Ry so (1oing the people who par the money into this great fm1 11 would h~n-e more conficknce in the ,Yise admin-
47

istration of the Highway Department, and the people who buy the bonds of the State would feel greater assurance as to their investments. In other words, the creation of a State Highway Department in this day of liberal and advanced ideas in the matter of highway construction should not be based upon the '' shifting sands'' of annual legislative political action. It should be based upon the firm foundation of a constitutional enactment, thus taking it out of politics.
Third. It is of the utmost importance that every section of the State should be trated with the greatest fairness and equality in the matter of the distribution of road funds and in the matter of the construction of highways in the State; and to insure this it appears eminently wise and proper to provide a member upon said. Commission or Board from each Congressional District of the State. Such a member would keep in close touch with the county authorities of his district and they in turn would keep in close touch with him and they would rely upon him to give careful, earnest and constant attention to their interests as they came up from time to time before the general board. Such a man would not dare to neglect the interest of his people, because if he did, his people would take him to task, and the Governor has authority to remove him from the Board. This number of men is none too large to handle the spending of niillions of d.ollars per year, and my opinion is that it would be a fatal mistake to highway legislation in Georgia to name a small board to handle these tremendous affairs. The General Assembly of Georgia have 250 men in both Houses to handle the State's funds, which will not equal the amount of
48

money to be handled by this Board annually. I have no personal interest whatever in this matter other, and further, than every citizen of the State has, but I very strongly disagree with the majority of the committee in dividing the State into three zones and naming only three men to form the Highway Commission, of whom two ,vould be a majority, and should we at any time unfortunately have two dishonest men upon the Board it would be a very easy matter for them to collude with each other in handling great contracts, buying the enormous amount of materials and otherwise administering these millions of dollars annually. In addition to these gentlemen I propose in my bill that a civil engineer, of not less than five years' experience, skilled in highway and bridge construction, to be chosen by the people themselves, shall be the Chairman of the Board and the executive Head of the Department, with his office in the Capitol, whose business it shall be to execute the orders and enactments of the Highway Department. Thus every section would be represented; the Executive Head would be under check of the Department, and the .chances for any crooked work would be minimized as far as possible.
Fourth. There seems to be a consensus of opinion in every State of the Union that it is fair and just that the funds with which to support the enterprise of highway construction should be derived from special taxes on motor vehicles. A good road will save the motorist many times his annual taxes in the shape of wear and tear, and there are numerous ways I could mention where it is of special and unusual value and importance to the man with the
49

motor car, whether used for pleasure or commerce, to have good roads. Besides, the use of motor vehicles is becoming so common and prevalent, that it is substantially true that the man who would pay the general taxes would pay the motor vehicle taxes. My bill contemplates that there will be an increase in the number of motor vehicles at least five (5%) per cent. annually over the previous year, and that the cost of these licenses should be so raised and regulated by the General Assembly as to take care of a Thirty Million ($30,000,000.00) Dollar bond issue, repayable within twenty years. I have figured these matters out upon an approximation basis and I think I can show to the satisfaction of anyone that a bond issue of Thirty Million ($30,000,000.00) Dollars could be repaid, principal and interest, within twenty years and at the same time accumulate during said period, to be administered by the Highway Department the aggregate sum of Thirty Million ($30,000,000) Dollars more. There is no question in my mind but that a fair and just motor vehicle license tax will provide all of the money that the State needs to put up for highway construction, which of courE\e would be used in conjunction with the Federal funds.

These matters that I have named above are of such fundamental importance that they ought to be permanently grounded in our Constitution and embraced in one comprehensive bill instead of several "bites at the cherry".

I therefore respectfully submit a copy of my pro-

posed bill and these obsenations for your consider-

ation.

,VALTER P. ANDREWS,

J.l1ember of the Legislative Committee

on Highway Legislation.

50

Constitutional Amendment Submitted by Senator Andrews:
AN ACT
TO BE ENTITLED AN ACT
To amend the Constitution of Georgia by adding thereto a ne-w Article to be kncnvn as Article XIV in relation to the creation and establishment of the State Highway Department of Georgia, for the purpose of designating, locating, building and maintaining a system of State highways throughout the entire State of Georgia, reaching all the county sites of said State; providing the means for the payment of the cost thereof by an issue of road bonds of the State, by setting apart, appropriating and applying all the revenues derived from special taxes upon motor vehicles to the payment and liquidation of the interest and principal of said bonds; for the purpose of receiving and administering such funds and properties as the Congress from time to time may appronriate in aid of road construction and maintenance in the States, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Constitution of said State be amended by adding a new article thereto, to be known as Article XIV, for the purpose of creating and establishing the State Highway Department of Georgia in words and figures as follows :
Paragraph 1. The Highway Department shall be composed of a commission, to be constituted as fol-
51

lom,, to-wit: (hie member from each congressional district in the State, as now or hereafter districted, lo he appointed by the Go,-ernor, by and with the consent of the Senate, for a term of six years. The first appointnwnts shall name four commissioners
ror two _vean; each, four for four years each, and
four for six: years (~ach, their successors to be appointc<l for the full term of six years, vacancies to fH filled by appointment by the Governor as they mar orcur. rrhe compensation of said commissioners shall he r:I1 m ($10.00) Dollars per day and traveling ('XpensPs ,d1ile in th(! discharge of their duties. 'l'henJ slull be one acl<litional m(~mber of sai<l commi:c:siou who slrn11 he a civil engirn~er of not less than fin rears of practical experience in his profession, ,-erned arnl skilled in highway and bridge construction arnl maint(~nance, who shall he the chairman of said commission and the Chief l1~xecutive of said Departnwnt, ,md shall maintain his office and tlw offiee of' th( Department in fop Stnte Capitol. Said commissi(nHJ' shall he elecle<l h.'- the people for a term of six )-eill's at the Stat<J election, as now proYi( ~r.(1 for tlw t>1edion of other State House officers. Tb, snL;r.'- o1 s,iic1 commissioner shall he Six '11hous :llil ($G,OOO.OO) Dollars pc>r ,mnum, with reasonable trnnling cxp(llH'S "-hen engng<'(l upon tlw business of illl Department. The Governor shall appoint sai<l ce>nm1i ssioll<I', who slrnl] hold office nntil the next ngnl:i; el(etion nfiei the ratification of this amendment. rrlie chairman of said eommission is hereby (m1w,nrP<l to appoint such engineering, scientific n1<1 _ekricnl h<'lp for tho Department as he may clcem n<c:ess:u:- in tlw execution of the work of the Depal'trnent, ,Yitlt such comrwnsation and salaries as tlw commission ma: determine.
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J:>arngrnph ~- Said Department shall designate, locate, construct ancl maintain a system of Stnte Higlndys rc->aching all the county sites. In the constrnction of this s.vsfom of State Highways ,rnrk shall lwgin simultaneons1y in each of said Congressional Districts aml- shall be completed ,vithin fin .\ears appropriating thenfor the road bond proce<ds, as marly as practicable, in annual install mcnts, so as to covei said fin-year period of construction. The construction work upon saicl high,nly syskm, inclmling bridges, herein provid0d for, slrnl1 be let to tlw lo-west and best bidder, as the De1nrtme11t 1rn1;, clet0rmi11e, aftn aclyertising same in each CongTessional District once a week for four \\epks, goo11 and ample, bond being required from tnch contrnctm, cornlitioned upon faithful and complPte c0111plim1c0 in all particulars wiih the contract pr0\i(1ing appropriate forfeiture nrnl penalties for i'nilurP to do so. Sni<l D0partment shall constantly e,;:crcise sti-id and eal'cful supervision and direction 0\'<'1' the~ construction of all highways and bridges, ,ml th< m::intenance tl1c>reof, in said State system of rnnds, nrnl all wod, pedaining tlwreto shall be in ~:~1iei aeeonl:mc<.: with plans, maps, specifications, 0~,tim:1.ks, rnatcrials and contracts, furnishecl or <li-
reekc1 b:,- sai<l Department, as well as all other mat-
tns ihnt may ,:1ise in the COltrse of highway const rndiou, as h(rein contemplated and provided. :-;:1i(l StatP s:-sfrm shall be maintained by saicl ll:'p:rtllwnt \\itlwut <'Xpcnse to the seYernl counti(:,. Th<_. cSai<l Deparhmllt shall, on or lwforf' the first d:1y o:' F(lirnary ol' c0ach year, rnak:e a full report to tlw Go,crno1 of all busirnss transactions b.v said D(-
pari.mcnt, during the year, ending on the :-n st cla>- of
lkc-emher; Pro,-icled, however, the Gonrnor ma> 1e-
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quire such other reports from time to time as he may deem necessary or desirable. The Governor may
cause the books and affairs of said Department to be
audited once each year, and oftener if he deem it necessary.
Paragraph 3. That whenever one of the State highways runs through or into a county over a paved road that has been constructed, wholly, or partially by such county, then in such case, said Highway Department may consider the plans, specifications, materials and construction of such road, and if same shall be found of proper durable hard-surfaced type, it may utilize such paved road of a county, as part of said State-wide system of highways. If said Highway Department should so adopt and utilize such paved road of a county, as a part of said State system of highways, then, in that event, the actual cost to the county concerned of such paved__road shall be investigated and determined by said Department, and an amount of money equivalent thereto shall be paid by said Highway Department to said county through its properly constituted authorities: Provided, however, that said funds shall be used in the construction or maintenance of its roads, or in the liquidation wholly or partially of its road bonds, whether principal or interest.
Paragraph 4. When the making of any part of said proposed improvement, or the locating of any road or part thereof, or the obtaining of road-building materials for the work herein provided for, shall require that private property be taken or damaged, then said Highway Department, in its own name, shall be fully empowered to purchase the necessary
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lands or materials from the owner thereof, or h.is properly constituted agent or representative, or if the compensation therefor cannot be agreed upon, to have such fair compensation ascertained by arbitration or condemnation as provided by law, and to pay said amount, so ascertained to the owner, or his agent or legal representative: Provided, however, that said Department shall not be required in any case to furnish bond.
Paragraph 5. For the purpose of providing means for the payment of the cost of construction of said system of highways, as herein provided, the State of Georgia, through its constituted authorities, shall issue and sell and provide for the carrying charges and retirement thereof, serial bonds of the State of Georgia to the amount of Thirty Million ($30,000,000.00) Dollars to be known as the Georgia Road Bonds. Said bonds shall bear interest not to exceed five (5%) per centum per annum and shall be free from any tax or other charges leviable in Georgia or any other State, all of which shall have been retired at the end of twenty years from the date of issuance thereof, provided that the retirement of said bonds shall not begin during said five-year period of construction. All moneys derived from motor vehicles special taxes, herein provided for, in excess of the requirements to meet interest charges and sinking fund, in said bond issue, may be employed by said Department in the current support of the Department, or in the construction and maintenance of roads and bridges in like manner as the proceeds of said bond issue. The issuance, sale and retiren1ent of said bonds, as to how many shall be sold each year, as to the ~ate of interest and method of sale, as to the amount and manner of retiring said bonds
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<luring the twenty-year period herein prescribed, as ,vell as all other matters of policy and detail in the issuance and handling of said bonds shall be under the general supervision and control of the High,vay Department, subject to the approval of the Governor of this State. The said Highway Department is hereby empowered and directed to take whatever steps may be deemed necessar,v to cause said bonds to be issued and sold, after the final enactment of this amendment to the Constitution consistent with wisdom and good business marn~gement, applying
the net proceeds of such bonds sales to the payment
of all such costs of work, material, the department support, the payment of interest charges upon said bonds, the liquidation of the said bonds and such other indebtedness as may accrue in the legitimate contemplation of this ~,\ct, l1istributing said funds fairly and equitably throughout the State.
Paragraph 6. Said Department is hereby author-
ized and empowered to recefre upon the behalf of
Georgia, from the United States Govt'rnment, any moneys or properties appropriated for road construction, to meet the requirements cif the Federal Government therefor, and to administer the same in accordance with the terms of this Act, with impartiality to the sections and counties of the State.
Paragraph 7. The special taxes to be levied by the General Assembly upon motor vehicles shall not be less than 60 cents per horsepower for passenger vehicles, $4.00 each for motorcyclPs, and $25.00 per ton capacity for trucks and tractors using pneumatic tires, and double this amount upon trucks aml tractors when solid tires are used, annually, the said
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'Special taxes to be first applied to payment of inter-
est and the principal on said road bonds as they may fall due.
Section ~- Paragraph 1. Be it further enacted,
That -whenever the above proposed amendment to
the Constitution of Georgia shall have been agreed to by two-thirds of the members of each House of the General Assembly, and the same shall have been entered upon their respective journals, with ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each congressional district for a period of two months immediately preceding the date of holding the next general election when said proposed amendment shall be voted on, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting in said election in favor of adopting the said amendment to the Constitution shall have -written or printed on their ballots the follmving words : '' For Ratification of Amendment to the Constitution of Georgia establishing a State Highway Departnwnt,'' and all persons opposed shall have written or printed on their ballots the following words: "Against Ratification of Amendment to the Constitution of Georgia establishing a State Highway Department;" and if a majority of the qualified voters voting in said election shall vote for ratification, and the returns shall be consolidated as now provided by hnv in such cases made and provided, then tlw Governor shall declare said amendment adopted, arnl make proclamation of the result of said election by ...................... insertions in ..................... daily papers of this State, ,lccl,,ring the amendment (luly ratified.
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SUBSTITUTE BILL No. 4
The General Assembly of Georgia hereby proposes to the people of the State, an amendment to Article 7, Section 1, Paragraph 1 of the Constitution of the .State.
Section 1. Be it enacted by the General Assembly of Georgia, That Article 7, Section 1, Paragraph 1 of the Constitution of the State be, and the same is hereby amended by inserting and adding to said Article, Section and Paragraph aforesaid, immediately preceding the words, '' To pay the interest on the public debt'' a new paragraph which shall read as follows: namely, "For the maintenance, improvement and construction of a State System of Public Highways and Bridges.''
Section 2. Be it further enacted,. That if this constitutional amendment shall be agreed to by twothirds of the members of the General Assembly of each House, the same shall be entered on the Journal, with ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for. two months-immediately preceding the next general election and the voters shall have written or printed on their tickets, '' For ratification of Amendment to Article 7, Section 1, Paragraph 1 of the Constitution" or, "Against ratification of Amendment to Article 7, Section 1, Paragraph 1 of the Constitution," as they may choose and if a majority of the electors qualified vote in favor of the ratification then said Amendment shall
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become a part of Article 7, Section 1, Paragraph 1 of the Constitution of this State and the Governor shall make proclamation thereof.
Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
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