Journal of the Senate of the State of Georgia regular session at Atlanta, Wednesday, June 22, 1921

JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION
At Atlanta. Wednesday, June 22, 1921
19~{
FOOTE & DAVIES CO. STATE PRINTERS ATLANTA, GA.

JOURNAL

SE~ATE CHAMBER, ATLAXTA, GA.
\Veclnesday, June 22nd, 1921.
The Senators-elect for the years 1921-1922 met at 10 o'clock A. ~I., this da:, in the Senate Chamber, and were called to order h~ Ron. Devereaux F. ~Ie<'latche:, Seeretar~ of the last Senate.
Pra~er was offpre<l b~ Re,. .T. \V. G. \Vatkins of College Park, Ga.
The Secrctar~ of State ::mbmittcd to the Secretary of the Senate, the eprtifietl list of the Senatorse-lect;_ the following is the list:

STATE OF GEORGIA,
OFFICE OF SECRETARY OF STATE.
I, S. G. ~IcLendon, Secrdary of State of the State of Georgia, do hereby certify, That the within pages of typewritten matter next attached contain a true copy of members of Senate of the General Assembly, session 1921-1922, as the same appear on the election returns which are on file in this office.

ME~iBERS OF GEORGIA SENATE-1921-1922.

District

Name

1 John E. Foy

2 E. M. Thorpe

3 J. R. Thomas

L. R. Akin

4

JouRxAL OF THE SEKATE

District

Name

5 Dan \Vall

6 0. K. Jones

7 Russell E. Snmv

8 \V. 0. Flemi~1g

9 R. H. Sheffield

10 Dennis Fleming

11 J. D. \Veaver

12 E. \V. Childs

13 J. 1\f. Collum

14 \Y. H. Lassiter

15 D. C. Colson

16 .J. L. Rountree

17 J. C. Hollingsworth

18 B. F. walker

19 A. G. Golucke

20 T. ~I. Hunt

21 J. B. Jackson

22 Robert H. Holmes

23 J._E. Davidson

24 Ed. Wohlwender

25 J\L D. womble

26 J. H. Mills

27 G. A. Johns

28 C. L. Ridley

29 J. H. Boykin

30 C. N. Bond

31 Sam Kimsey

32 E. B. Stovall

33 J. E. Palmour

34 R. \V. Campbell

35 Frank C. Manson

36 R. 0. Tarpley

37 John H. Jones

\VEDXESDAY, JUNE 22, 1921.

5

District

Name

38 H. C. Hutchens

39 Herbert Clay

40 Pat Haralson

41 \Vill Richards

42 J ..M. Bellah

43 A. B. David

44 DaYid F. Pope

45 \Viley \Yilliams

46 George \V. Taylor

47 Robert C. Ellis

48 C. H. Peacock

49 Howell Cone

50 L. C. Brown

51 0. A. ~ix

ll1 Testimony TVhereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol~ in the City of Atlanta, this Twent)'-secon<l day of June, in the year of our Lord One Thousand Nine Hundred and Twenty-one and of the Independence of the United States of America the One Hundred and Forty-fifth.
S. G. ~IcLEXDOX,
,r.,'ecretary vf Stcde.

The foregoing official list was called to ascertain "the presence of a quorum, a quorum being present the Senators-elect presented themselves at the Secretary's desk and took the prescribed oath of office, the same being administered to them by Judge Fish of the Supreme Court.

6

JouRNAL OF THE SE~ATE

The Secretary then announced that the next business in order was the election of a President of the Senate.
Mr. Nix Placed in nomination Hon. Herhert Clay of the 39th District.
There being no other nomination, the roll was called and the Yote was as follows, to wit:

Those voting in the affirmatiYe wert' Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Johns, G. A. Jones, John H . .Jones, 0. K. Kimzey, Sam Lassiter, W. H. Manson, Frank C. Mills, .J. H. Nix, 0. A. Palmour, .J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Rountree, .J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley" R. 0. Twylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, .J. D. Williams, Wiley Womble, M. D.

Ayes 49, Nays 0.

Upon casting up the vote, it appearing that the Hon. Herbert Clay having received 49 votes, being all the votes cast, he \\"a::; declared dul~ elected President of the Senate for the ensuing term.
A Committee consisting of Senators Pope, Fleming of the lOth, and Foy was appointed to conduct Hon. Herbert Clay, President-elect, to the chair.

'WEDNESDAY, Jt:NE 22, 1921.

7

After a brief address thanking the Senate for the honor conferred upon him, the President announced the election of a Secretary of the Senate as the next order of business, whereupon :\Ir. :Manson placed in nomination Hon. Devereaux F. ~1cClatchey of the County of F'ulton, as Secretary for the ellsuing two years.

There being no other nomination the roll was called and the vote was as follows, to wit:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H.
Brown, L. c.
Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell . Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T.. M. Hutchins, H. C. Jackson, J. B. Johns, G. A. .Jones, John H. .Jones, 0. K . Kimzey, Sam Lassiter, W. H. Manson, Frank C. Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Ta:rpley, R. 0. T8JYIOr, Geo. W. Thomas, .James :(t. Thorpe, E. M. Wall\er, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Womble, M. D. Mr. President

Ayes 50, Nays 0.

Upon casting up the vote it appeared that Hon. Devereaux F. McClatchey had received 50 votes, which was all the votes cast, and was declared duly elected Secretary of the Senate for the ensnin~ two years.

The next order of business was the election of a President pro tem of the Senate.

8

JouRxAL OF THE SEXAT~~

Mr. Thomas placed in nomination Ron. L. C. Brown of the 50th District, as President pro tern, of the Senate.

There being no other nomination the roll was called and the vote was as follows, to wit:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G. Haralson, Pat

Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. Kimzey, Sam Lassiter, W. H. :\'lanson, Frank C. :\-Iills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will

Ridley, Dr. C. I... Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Ta:ylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

Ayes 49, Nays 0.

Upon casting up the vote it appeared that Ron. L. C. Brown had received 49 votes, which was all the votes cast, and was declared duly elected President pro tern of the Senate for the ensuing term.
The next order of business was the election of a Messenger of the Senate.
:\Ir. Boykiu placed in nomination ~Ir. A. E. Strother of the County of Lincoln.
There being no other nomination the roll was called and the vote was as follows, to wit:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchins, H. C. .Jacl\son, J. B. .Johns, G. A. .Jones, John ,H. .Jones, 0. K. Kimzey, Sam Lassiter, W. H. .Manson, Frank C. Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Ta:ylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. 1<,. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

~\:ves 49, Nays 0.

l~pon casting up tlw vote it appearecl that Mr. ..:\_. E. Htrother h<Hl rec<>in-'cl 49 votes, being all the votes cast, he was declared duly elected ~Ies senger of the Senate for the ensuing term.

The next order of business was the election of a Doorkeeper of the Senate.

:\Ir. Lassiter placed in nomination .'lfr. A. P. Griffin of the County of DeKalb.

There being no other nomination the roll was called and the vote \\'as as follows, to wit:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H.
Brown, L. c. Campbell, R. w.

Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davison, .J. E.

Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G. Haralson, Pat

10

J OlJRNAL OF THE SENATE

Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Johns, G. A. Jones, John H. .Jones, 0. K. Kimzey, Sam Lassiter, W. H. Manson, Frank C.

Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will Ridley, Dr. C. L. Rountree, J. L . Sheffield, R. H. Snow, Russell E. Stovall, E. B.

Aye>s 50, Nays 0.

Tarpley, R. 0. Ta,ylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Womble, M. D. Mr. President

Upon . casting up the vote it appearing that ~Ir. A. P. Griffin had recei\'ed 50 votes, being all the votes cast, he was declared duly elected Doorkeeper of the Senate for the ensuing term.
The next order of business was the election of a Chaplain of the Senate.

The President appointed Messrs. Akin, Holmes and David as a Committee to nominate a Chaplain.
Rev. J. \V. G. watkins of College Park was nominated.

There being no other nomination the roll was called and the vote was as follows, to wit:

Those voting in the affirmatiw were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C.

David, A. B.

Hunt, T. M.

Davison, J. E.

Hutchins, H. C.

Ellis, R. C.

Jackson, J. B.

Fleming, Denis

Johns, G. A.

Fleming, W. 0.

Jones, John H.

Foy, John E.

Jones, 0. K.

Golucke, Alvin G. Kimzey, Sam

Haralson, Pat

Lassiter, W. H.

Hollingsworth, J. C. Manson, Frank C.

Holmes, R. H.

.Mills, .J. H.

.WEDNESDAY, JUNE 22, 1921.

11

Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will Ridley, Dr. C. L. Rountree, J. L.

Sheffield, R. H. Snow, Russell E. Stovall, E. B. TaJrpley, R. 0. TaJylor, Geo. W. Thomas, James R. Thorpe, E. M.

Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley . \Vohlwender, Ed Womble, M.D.

Ayes 50, Nays 0.

Upon casting up the votes it appearing that Rev. J. \V. G. watkins had received 50 votes, being all the votes cast, he \VaS declared duly elected Chaplain of the Senate for the ensuing term.
The following message was received from the House, through Mr. ~Ioore, the Clerk thereof.

lvlr. President:
I am instructed by the House to inform the Senate that the House has organized by the election of Honorable \V. C. Neill of ::\Iuscogee County, as Speaker of the House and Mr. E. B. Moore, of the County of DeKalb, as Clerk of the House for the ensuing two years, and is ready to proceed with the transaction of business.
The following resolutions were read and adopted:

By ::\Ir. N'ix, of the 51st-
A resolution notifying the House that the Senate is organized and ready for the transaction of business.

By Mr. Haralson of the 40thA resolution providing for a joint sess1on of

1~

JouRXAL OJ<' THE SEXATE

the .General Assembly for the purpose of <.'anvassing the vote for Governor and State Hou:Sc officers.

By 1Ir. Akin, of the 4th-
..:\ resolution provi<ling for a joint Committte from the House and Senate to wait upon His Excellency, the Governor.
The President appointed as a Committee on part of the Senate, Senators Akin, of the 4th, and Jackson, of the 21st.
The following message was received from the House, through :Mr. Moore, the Clerk thereof:

Mr. President:
The House has adopted the following resolutions of the Senate, to wit:
A resolution for a joint assembly of the House and Senate on Thursday, Ju~e 23, at 11 o'clock, for purpose of canvassing a vote for the Governor and State House officers.
A resolution providing for a Joint Committee from the House and Senate to wait upon His Excellency, the Governor.
The speaker has appointed the following as the Committee on the part of the House to notify the Governor:
Mr. Culpepper, of Fayette.
Mr. Moore, of Fulton.
Mr. Bird, of Taliaferro.

-\VED:XE@A\"7 Ju:xE :22, 1921.

13

1:pon motion the Senate took a recess subject to the call of the Chair.

The Senate reconvened at 12:15 P. 11., and was called to order by the President.
1\Ir. Akin, Ch~innan of the Committee, on part of the Senate to wait upon His ~~xcellency, the Governor, and inform him that the General Assembl~ has convened, reported that the Coinmittee had perfonned that duty, and that the Governor would communicate with the General Assembly in writing.

:Mr. \Yohlwen<ler, of the :.!-1-th, being absent at the time of the administering of tlw oath of office, presented himself at this time at the Secretary's desk and took the prescribed oath of office, the same being administered to him by Judge Stephens, of the Supreme Court.
The following resolutions were read and adopted:

By Mr. Thomas, of the 3rd-
A resolution adopting rules of the Senate of 19191920 as the rules of the Senate for the years 19211922.

By J!r. Boykin, of the 29th-
A resolution provi<ling for a joint committee from House and Senate to arrange a program for the inauguration of the Governor-elect.

By Mr. Golucke of the 19thA resolution lHo,iding for a joint session of

14

JouRxAL o~' THE HEKATE

the General Assembly on Saturday, June 25th, 1921, for the purpose of inaugurating the Governor-elect.
Mr. Kix moved that the Senate adjourn until tomorrow morning at 11 o 'cloek. The motion was adopted.
The President announced the Senate adjourned until tomorrow morning at 11 o'clock.

THUR~->DAY, JexE 2:~, 1921.

15

SEXATE CHAMBER, ATLANTA, GA.

THURSDAY, Jr;~E 23RD, 1921.

The Senate met pursuant to adjournment at 11 o 'elock A. ~I., and was called to order by the President.

Prayer was offered hy the Chaplain, the Rev. J. \Y. G. \Vatkins.

Upon the call of the roll the following- s~nators answered to their names, to wit:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. Kimzey, Sam Lassiter, W. H. Manson, Frank C.
:vuns, J. H.
Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. TaJrpley, R. 0. TaJylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, lVL D. :\Ir. President

By unanimous consent the reading of the Journal of ~-esterday 's proceedings was dispe11sed with.

The following message was recei,ed from l\ir. S. G. :McLendon, Secretary of Stat<':

16

JouR~AL OF THE SEXATE

DEPART1IEXT OF STATE.
ATLA~TA.
,J C"XE 22, 1921.
To the SPnate of Geor.r;ia:
As required by Article 5, Section 1, Paragraph 4, of the Constitution, I herewith la~ before the Senate the sealed packages addressed to the President of the Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, which packages contain the returns for the election of Governor, Secretary of State, Comptroller-General and Treasurer at the general PlPction held Xovemher 2, 1920.
The election returns for the office of AttorneyGeneral, at the election held Xovemher 2, 1920, have been sent to this office, but the vote has not been consolidated and the result declared, because the Secretary has no authority to declare the result. I deem it proper to call the attention of the General Assembly to the fact that these election returns are in the officc of the Secrctary of Htate, and I have the honor to request that the General Assembly shall instruct what disposition shall be made of them to the end thai the will of the people may be duly tespected and carried out.
S. G. McLEKDOX,
8PcrPfary of ,C,'tafP.
The following resolutions of the Senate were read and adopted :

TRGRSDAY, JuxE 2:3, 1921.

17

By }[r. N'ix, of the 51st District-
Whereas, The General Assembly has been informed by the Secretary of State that he holds in his office the retums of the election for the office of Attorney-General.
Therefore, Be it resolnd by the Senate that the Secretar~- of State be requested to immediately transmit the said returns of the election for the office of Attorney-General to the Senate.
By :\Iessrs. Xix, of the 51st, and Cone, of the 49th Districts-
Be it resolved by the General Assembly of Georgia that the returns of the election of AttorneyGeneral be consolidated in accordance with Article 6, Section 10, Par. 1, of the Constitution of Georgia, as embodied in Seetion 6528 of the (~ode of Georgia, in the same manner as the returns of the election of Governor, and that the Governor issue a commission in accordance with such consolidation and declaration of the results of said election of AttorneyGeneral.
Resolved further, that said returns be transmitted to the Gon'rnor along with these resolutions.
By Mr. Cone, of the 49th District-
Be it resohed that the returns in the election of Attorney-General be transmitted by the Senate to the House of Representatives to be considered in joint session of the General Assembly.
The hour of 11:30 o'elock A. :\L ha,ing arrived, the Senate repaired to the hall of the House of Representatives for the purpose of opening, can-

18

JouRXAL oF THE SEN"ATE

vassing and declaring the result of the election of Governor and State House officials in the last general election.
The President of the senate took the chair and called the joint session of the General Assembly to order.
The resolution convening the joint session was read by the Secretar~ of the Senate.
The following rt>solutions were read and adopted:

By .Mr. Nix, of the 5lst-
'Vhercas, The General Assembly has been informed by the Secretary of State that he holds in his office the returns of the election for the office of Attorney-General,
Therefore, Be it resolved b)- the Genera] Assembly of Georgia, in joint session convened, that the Secretary of' State be requested to immediately transmit the said returns of the election for the office of Attorney-General to the General Assembly. By ::\fessrs. Nix, of the 51st, and Cone, of the 49th-
Be it resolved by the General Assembly of Geor-
gia in joint session convened, that the returns of the election of Attorne~'-G('neral be consolidated in accordance with Article 6, Section 10, Par. 1, of the Constitution of Georgia, as embodie<l in Section 6528 of the Code of Georgia, in the same manner as the returns of the election of Governor, and that the Governor issue a commission in accordance with such consolidation an<l declaration of the results of said c>lection of Attonwy-General.

THURSDAY, JL"NE 23, 19~1.

19

Resolved further, that said returns be transmitted to the Governor along with these Resolutions.
"r Senator ohlwender moved that the President
appoint two Tellers from the Senate and three Tellers from the House to open and canvass the vote for Governor and State House officials.
The motion was adopted and the President appointed the following members as Tellers, to wit:
From the Senate, Messrs. 'Vall and Bellah.
From the House, Messrs. Valentino, of Chatham; Holloway, of Fulton, and Johnson, of Pickens.
The Tellers, through their Chairman, Senator "VVall, of the 5th District, on the part of the Senate and Representative Valentino, of Chatham, on the part of the House submitted the following report:

Mr. President:
'Ve, your Tellers, appointed to canvass the vote for Governor and State House officers, beg leave to submit the following report:
l''or Governor, Thos. ,V. Hardwick received 141,681 votes.
For Comptroller-General, 'Ym. A. 'Vright received 141,628 votes.
For Secretary of State, S. G. ~IcLendon received 11,683 votes.

20

,JouRNAL oF THE SENATE

For Treasurer, \Vm. A. Speer received 11,675 votes.
Respectfull~ submitted, \YALL, of the 5th, Chairman, BELLAH, of the +2nl,
}~rom the Senate.
VALJo~NTINo, of Chatham, Chairman, HoLLo"AY, of Fulton, JoHNSON, of Pickens,
From the House.

The Tellers, through their Chairman, Senator Wall, of the 5th District, on the part of the Senate and Representative Valentino, on the part of the House submitted the following report:

ill r. President :
\\~c, your Tellers appointed to canvass the vote for Attorney-General, beg leave to submit the following report:
For ..Attorney-General, George -:\L Xapier received 141,676 votes.
Respectfull~ submitted, WALL, of the 5th District, Chairman, BELLAH, of the 42ncl District,
I~,rom the Senate.
VALENTDW, of Chatham, Chairman, HoLLOWAY, of Fulton, JoHNSON, 9f Pickens,
From the House.

THURSDAY, JrxE 23, 1921.

21

The foregoing reports of the Tellers were read and adopted, and the President declared the officers named therein as duly elected to their respective positions for a term of two ~ears.
rpon motion of Mr. Delaperriere, of Jackson, the joint Assembly was. dissohed.
The Senate returned to its chamber and w11s called to order hy the President.
rntler the joint resolution previously adopted pr<n-iding for a joint Committee of three from the Senate and five from the House to arrange for the inauguration of the Governor-elect, the President appointed the following Senators as a Committee on the part of the Senate:
Messrs. Bo~kin, Brown and \Vohlwender.
Leave of absence was granted Senator DaYison, of the 23rd, on account of important business.
~[r. Hollingsworth moved that the Senate adjourn until tomorrow morning at 11 o'clock. The motion was adopted.
The President announced the Senate adjourned until tomorrow morning at 11 o'clock.

22

JouRNAL OF THE SExATE

SENATE CHAMBER, ATLAXTA, GA.
June 24th, 1921. The Senate met pursuant to adjournment at 11 o'clock A. M. and was called to order by the President.
Prayer was offerrd by the Chaplain.
By unanimous consent tlw call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensrd with.
~fr. Nix, of the 51st, asked unanimous consent that all Senators having bills of resolutions to ilitroduce be allowed to do so at this time.
Mr. Akin, of the 4th, extended to the Senate an invitation to a Barbecue which is to be helll at
Brunswick, July 2nd.
~fr. Bond, of the 30th, moved that the Senate accept the invitation.
The invitation was accrptrd.
STATE 01' GEORGIA
ExECUTIVE DEPARTMENT.
June 23rd, 1921. The following message was received from His Excellency, the Governor, through his Clerk, Mr. Cobb:

FRIDAY, .JuxE 24, 1921.

23

il'lr. President:
I am directed by His Excellency, the Governor, to deliYcr to the Senate a scaled communication for which he respectfully asks your consideration in ~xecutiYe Session.

S'rATE OF GEORGIA
ExECUTIVJ: DEPARTMENT.
June 23rd, 1921. The following message was received from His Excellency, the Govemor, through his Clerk, ~Ir. Cobb:
illr. President: I am directed by His Excellency, the Governor, to
deliver to the Senate two Communications in writing to which he respectfully inYites your attention.

STArfl!J 0~' GEORGIA
ExEcUTIVE DEPARTME~T.
To the Oeneral Assembly of Georgia:
'l'he General Assembly, at the 1919 session, passed two, and at the 1920 session, ten, Constitutional Amendments for submission to the people of Georgia at the 1920 general election.
At the 1920 session, there was also passed a bill increasing the rate of legal advertising, and the newspapers in which the Constituti~mal Amendments submitted at the 1920 general election were published, carried them at the new rate.

.Jol:RXAL oF THE SEXATE
Only one or two of these ten bills passed in 1920, submitting amendmrnts at the 1920 g-<'neral election, reached the GoYernor prior to the adjournment of the Legislature. Even had such bills been passed in time to put through a deficienc~ appropriation to conr the cost of publishing such proposed Constitutional Amendments, it would han~ bern impossible to correctl~ calculate the sum necessary.
The cost of publishing these twelve proposed amemhnents amounted to $25,662.00. Of this amount, only $15,792.00 has been paid, and this entire amount had to be paid out of the Governor's Contingent Fund for 1921, because at the time the account was presented there was left of the 1920 fund approximatcl~ only enough to meet the necessary expenses payable out of such fund for the balance of that year.
The cost of publishing Constitutional Amendments is payable from the Governor's Contingent Fund. This fund for each year during m~ term, and for many years prior thereto, has amounted to onlr $25,000.00 per annum. This fund is charged with the payment of man~ incidental expenses; for example; stamps, telephone rental, tolls, telegrams and incidental office supplies, such as carbon paper, pencils, pens, ink, and many other miscellaneous items for the Executive Department, office of the Attorney- General, Comptroller - General, State Librarian, State Treasur~r, State Tax Commissioner and Pension CommissionN.
Had the entire amount of the Contingent appropriation either for 1920 or 1921 been applied

}'RIDAY, Jt:XE 24, 1921.

25

exclusively to the payment of bills for publishing these Constitutional Amendments, it would have been insufficient for that purpose by $662.00.
In addition to making the partial payment above referred to on the bill for publishing the Constitutional Amendments, $9,208.00 of the Contingent Fuml for the current year has been applied to the payment of bills necessaril~ incurred. It is necessaiT, therefore, that a deficiency appropriation be made by you to this ~ear's Contingent Fund, not only to pay -the balance of the money due for publishing the Constitutional Anwndments, but also to meet other expenses chargeahle against this appropriation. 2\fany of the papers in which these Amendments were published luwe not yet been paid the full amounts due them ; and inasmuch as they have alread~ waited for practically eight months, I urgently recommend that this appropriation he made at earliest possible moment. Other expenses with which this fund is charged also necessitates prompt action.
In m~ opiuion, the present method of giving the public information as to Constitutional Amendments should be changed. In 1914, $13,740.13 was thus expended; in Ul16, $6,132.00 was spent in this manner. It cost the State in 1918; $5,1~7.60, and, as above stated, in 1920, $25,662.00.
This money could be saved and yet the people of the State given adequate information concerning proposed Amendments. Let Constitutional Amendments be printed and copies mailed to the various count~ officers throughout the State, and Judges of the Courts (Superior, City and County) be required,

26

JouRXAL OF THE SENATE

from the proposal of the Amendments until the election, on the convening of their courts, to read the Amendments and expound and explain them to the Grand Juries and the people assembled in open court. A certain number of copies of these Amendments could also be sent to the Ordinaries of each of the counties for distribution among the people. Very few ever read the publications of these Amendments as now made. The cost is wholly disproportionate to the information that is disseminated through the present method of publishing them.
But if this plan should not be adopted,_ then at least some provision should be made whereby the Governor, or some other official, should he authorized to make a synopsis or abstract of each proposed amendment, so that the cost of publication will be greatly reduced and yet the same amount of information as now given be conveyed to the public. The cost could thus be reduced at least by twothirds.
The law requires that two other funds should be expended by direction of the Governor, namely; the Public Printing Fund and the Public Buildings and Grounds Fund.
Ji'or many years, $50,000.00 has been appropriated annually to the Public Printing Fund. For several years, this sum has been found to be insufficient and deficiency appropriations have been made. The creation of several new departments, the increased cost of printing, and charging this fund (under recent laws) with the payment of printing expenses which, previous to the creation of the Department of Public Printing, were paid out of other ap-

FRIDAY, JuxE 24, 1921.

27

propriations, account for the necessity for an additional appropriation of $75,000.00 for this year, according to an estimate submitted by the Superintendent of Printing.
The Public Buildings and Grounds is in need also of a deficiency appropriation of at least $30,000.00. This amount will be necessary to defray the expenses chargeable to this fund during the remainder of this year. It has rarely happened in the last several years that the $50,000.00 usually appropriated for the upkeep of public buildings and grounds has been sufficient. It was necessary in 1917 (the year I was inducted into office) to supplement this appropriation by a deficiency appropriation amounting to $12,000.00 and again in 1918, by a deficiency appropriation of $20,000.00.
Too much money is being expended by the State for the upkeep of the Executive :Mansion. This property should be sold or exchanged as soon as an advantageous arrangement can be made. The house is unfit for a residence. The property is located well within the business section of Atlanta, and its value for business purposes is such that it is folly to longer devote it to the purpose for which it is now used, especially in view of the fact that a large sum of money must necessarily be spent if it is rendered fit for habitation.
It was necessary, during the year 1920, in order to take care of several departments created by the General Assembly at the 1919 session, to make several changes in the Capitol building. The 1920 fund was insufficient to pay these bills in their entirety and it was necessary to pay, from this year's

28

.JorRXAL oF THE REXATE

Public Buildings and Grounds Fund, seYeral thousand dollars which were brought over from the previous year.
Respectfully submitted,
Huan 1\f. DoR~EY,
Gon'rnor.

STATE OF' GEORGIA
F::xECUTIYE DEPART:\H~NT
ATLANTA.
June 22nd, 1921.
To the Gem~ral Assembly of Georgia:
Gentlemen:
Attached h<:>r<:>to arc:
(1) Letter of the Budget and InYestigating Commission transmitting; the report of that Connnis. sion to the GoYernor; and requesting that the sam" be submitted to you.
(2) The report of the Commission.
This is the minimum report according to the law. In courtesy to the new administration, the members of the Commission have arranged the form onl.\ d the general appropriations bill f01; your convenience and guidance without specifying detailed appropriations or measures not required by law, except in the following instanc<:>s:
As shown by the Adjutant General, the State will be able to serure a considerable sum from the

FRIDAY, .JrxE 24, 1921.

29

Federal Government for the support and maintenance of its military estiblishment, provided the General Assembly will make an appropriation.
\Ve call attention to the fact that if the report and recommendations of the Budget and Investigating Commission had been followed by legislative enactment there would be no over-appropriations by the last legislature. Therefore, the Commission r<>comnwnds again the passage of the Bill offer<><l Amending the Constitution defining and regulating more closely the duties and work of the commission.
Respectfully,
HuGH M. DoRSEY,
Governor.

June 22nd, 1921.
To His Excellency,
The Governor of Georgia. Dear Sir:
\Ve have the honor to transmit, through you to the General Assembly, this report of the State et and Investigating Col'nmission.
Ycry truly yours, HuGH M. DoRSEY, Governor and Chairman. R. A. DENNY, Attorney-General. M. L. BRITTAINJ State School Commissioner.

:~o

.TorRXAL OF THE REXATE

IvAx E. ALLEX, Chairman .,.-\ppropriations Committee of the Senate.
GEo. H. CARSWELL, Chairman Appropriations Committee of tlw Hom;e.

I.
APPROPRIATIONS "\R N<l"~ FIX~JD BY LAW' TO GO INTO THE GEN~JRAL .APPROPRIATIONS BILL OF THE ST.A r:l1 J1J 0~, GEORGL\.
In the consideration of this Bill.the following <lesignating symbols are nsP<l as guides:
Roman Capitals (for Pxmnple "..:\ ") refer to Divisions.
Spelled Nun~bers (For example "A") refer to Sections.
Numerals (for example "1 ") refer to Sub-Sections.
Small Roman Letters (f01' example "a") reff'r to Items.
Small Roman Numerals (for example "iY") refer to Paragraphs.
In amending the bill, care should be taken to properly designate just "hat portions of tlw same are to be amended. Di,isions shoul<l hr referred to as "Divisions", Sections referred to as "Sections"; Sub-Sections referred to as "Sub-Sections", etc.

:b,RID.-\ Y, ,Jr X E 24, 1921.

31

ILLUSTRATIOX:
To make a change in the appropriation for the protection of liYe stock the amendment should read ''To Amend DiYision 'A', Rection 'Eight', Subsection '4', Item 'b', Paragraph 'ii' of the General Appropriations Bill.''
A BILL
TO BE ENTITLED
An Act to make, for the fiscal years 19~2 anfl 1923, and annually thereafter, until otherwise provided, appropriations fixed b~, preyious laws, for the or<linar.v expenses of the ExecutiYe, LegislatiYe, and .Judicial Departments of the State Government, for the pa~'ment of public <lebt all<l the interest thereon, the support and maintenance of the public institutions and educational interests of the State.
Be it enacted by the General Assembl~, of the State of Georgia, and it is hereb~- enacted by the authority of the same, that the -sums. of money hereinafter set out, or so much thereof as may be needed, b<, and the same are hereby appropriated . for the fiscal years 1922 ancl 1928, and annually thereafter, until otherwise proYided, and for the objects and purposes stated.

DIVISION "A"-EXECCTIVE DEPARTMENT.
SECTION" ''OsE''-GovERXOR's OFFICE.
Sub-Section 1. Items.
(a) For the s.alar.v of the GoYernor .... $ 7,500.00

.JOL"RXAL OF THE SE.XATE

(b) For the salaries of the secretaries and clerks in the Govemor 's Office 10,000.00

(c) For the salary of a messenger for the Executive Department, as provided by hnv .......................... .

950.00

(d) For a Contingent Fund, to be expenclecl by the Governor, according to law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25,000.00

(Provi<lecl that from the above sum tlw expenses of the Governor, incurre<l in the transaction of business, for the State, shall be pni<l on itemized statements signed by him; allll such expenses shall include the actual tranling expenses of any clerical help the Gowrnor may in his discretion deem necessary.)

(e} For a reward fund, to be expencle<l by the Governor, according to law. . :~,000.00

SECTIOX ''Two' '-OFFICE OF SEcRETARY OF HTATE.

.Items.
(a) For the salary of the Secretary of State ............ ; .............. .
(b) For the salary of a clerk to the Secretary of State ................... .

~,000.00
1,000.00

FRIDAY, Ju~E 24, 1921.

33

SECTIOX ''THREE' '-OFFICE OF CoMPTROLLER-GENERAL AND IxsuRAXCE CoMMIHSIOXER.

Sub-Section 1. Items.

(a) For the salary of the Comptroller General . 0000000000... 00000. 0000 2,000000

(b) For the salary of a Chief Clerk to the Comptroller General 00 0000. 000000 1,800.00

(c) For the salary of an Insurance Clerk in the office of the Comptroller Gen- eral . 00.. 00000. 0000000000000. 00 2,400.00

(Provided, that $1,:200.00 of the above appropriation shall be paid from the insurance fees, as pro:vided by law)

(d) For the salary of a Clerk in the \Vild Land Department 00.. 0. 000000. 000 1,000.00

(e) For the salary of a Public Service Corporation Tax Clerk 0 00... 00.
(f) For the salary of Insurance Commlsswner 0000. 000... 0000.. 0.

1)00.00
:~,000.00

(g) For the salary of a Deputy Insurance Commissioner ... 000. 000. 0. 000 3,000.00

(h) For the salary of an Insurance Clerk . in the Office of the Insurance CommlSSlOner o o o o o o o. o o o. o o o o o o.

2,000000

34

.JocRxAL oF THE SEXATJ.;

SEcnox "FocR"-OFFICE OF TnE STATE TREASCRER.

Sub-Section 1.

Iten-zs.

(a) For the t>alary of the HtatP 'l'reasurer ........................... . 4,800.00

(b) For the salary of ..:\st>istant Treasurer ............................ . 3,600.00

(c) For clerical expenses

6,000.00

SECTIOX '' :B'IVE' '-OFFICE OF THE .:\ TTORXEY Gr-:KERAL.
Sub-Section 1.
Items.
(a) ]i'or the salar~ of the ..:\ ttorne~ GPneral ............................ . 5,000.00
(b) For the salary of an Assistant to the Attorney General . . . . . . . . . . . . . . . . 2,500.00
(c) For the salary of a stenog-raplwr to the Attorne~ G<>neral . . . . . . . . . . . . . 1,500.00

SECTION "Six "-]i~DUC\TJOXAL DEPARTMENT AXD EncCATIOXAL Ix~TITCTIOX~.
Sub-f3ecfion 1. Educational DPpartmeuf.
!terns.
(a) For the salary of the State Superintendent of Schools . . . . . . . . . . . . . . ::2,000.00
(b) For the salar~ of a clerk in the State Department of Education . . . . . . . . . 1,200.00

FRIDAY, .Jux-E 24, 1921.

35

(c) For the support ami maintenance of the Common or Public Schools of the State, 50% of all revenue received by the State from all sources of income as taxation.

(Prmided, that this appropriation shall h<" compost><l of special funds nn<l taws HH providtd by tlw Constitution of this Rb1tr, and shall bt~ kept an<l t'Xl><'lldl'd un<l<r tlw proYisions go,tming same.)

(<l} For the use of the State Bonrd of Vocational Education to meet the requirements of til<' Act of Congress, apprOY<"<l August ~:ird, 1917 . . . . . . .

55,523.76

Sub-l)Prtitm 3. Rdurafirmal IHxfitutions.

I tPIJlS.
(a) For the support and maintenance of the l:niYersity of Georgia ........ .

(b) For the payment of the actunl expenses of the Board of TI'ustees of the University of Georgia incurred in the dischal'ge of their duties as Trus.: tees, and the per diem of said Board as pi'ovided by law, such sum as may be needed ....................... .

(c) For the maintenance of the University Summer School .......... .

(d) For the support anti mamtenance of the Georgia School of Technology

JoURXAL OI-' THE SENATE
(e) For the support and maintenance of the State College of Agriculture
(f) For the State College of Agriculture
(Provided, that the abo,e appropriation shall be used to meet the requirements of what is known as the Smith-I...~e,er Bill and shall become availal)le July 1st, 192:! and 1923.
(g) For the State College of Agriculture
(Pro\'ided that the aboYe appropriation shall be used for extension work in eo-operation with the 'Gnited States Department of Agriculture.)
(h) For the State College of Agriculture
(Provided that the above appropriation shall be used for holding field meetings and farmers institutes.)
(i) For the support and maintenance of twelve District Agricultural Schools 180,000.00
(Pro'\>i.decl that the above sum shall be equally apportioned an1ong the said schools, each school receiving $15,000.00.)
(j) For the support and maintenance of the North Georgia Agricultural College ....................'........ .
(k) For the support and maintenance of the State Medical College .......
(1) For the suppmt and maintenance of the State Normal SC'hool .........

FRIDAY, JexE 24, 1921.

37

(m) For the Georgia Normal and Industrial College .................... .

(Provided that of this sum, $

shall be used for maintenance ancl

$

for carrymg on extension

work.)

(n) For the support and maintenance of the South Georgia Normal College ..

(o) For the support and maintenance of the Georgia Industrial School for colored youths . . . . . . . . . . . . . . . . . . . 10,000.00

(p) For the maintenance of the Georgia Agricultural, Industrial and N0rmal School for colored teachers . . . . . . .

5,000.00

(q) For the Maintenance of Summer School for colored teachers . . . . . . . .
(Provided that all appropriations in Sub-Section 2 are macle to the University Trustees and requisition shall be made through that Boanl.)

2,500.00

Sttb-Section 3. Educational and Eleemosynary Institutions.

Items.
(a) For the support all<l maintenance of the Academy for the Blind ....... .

(b) For the support and maintenance of the School for the Deaf ........... .

38

JOURXAL OF THE SEXA'l'E

Sub-Section 4. Bducatimwl and Correctire Institutions.
Items.
(a) For the support 1U1!l maintenance of the Georgia Training School for . Girls ........................... .
(b) For the support an!l maintenance of the Georgia Training School for Boys .....................

SECTIO:N "SEvEx"-DEPAR'l'l\IEXT o:F CoMMERCE AXD LABOR.
Sub-Section 1.

Items.

(a) For the salary of the Commission<>r of Commerce an<l Labor . . . . . . . . . . . :~,600.00

(b) For the salary of the Assistant Commissioner of Commerce and Labor . . . . . . . . . . . . . . . . . . . . . . . . . .

1,800.00

(c) For the salary of the chief clerk aiHl stenographer to the Commissioner of Commerce and Labor . . . . . . . . . . . . .

1,500.00

(d) For the sahu~' of a Factory In-

spector

1,:200.00

(e) For the Contingent J1'und of the Department of Commerce awl Labor . . 1,800.00

li"RlD.H, Jt:XE 24, 19:21.

i39

SECTIOX ''EIGHT' '-DEPARTMEXT OF AGRICl:LTURE.

Sub-Section 1. Oflice of the Com missioner of Agriculture.
Items.

(a) For the salary of the Commissionf'r of Agriculture .................. .
(b) For the salary of a clerk to the Commissioner of Agriculture . . . . . . . . .

5,000.00 :2,500.00

(c) For the maintenance of the Department of Agriculture . . . . . . . . . . . . . . 15,000.00

Sub-Section 2. Bureau of .Markets. !terns.

(a) For the salary of the Director of the Bureau of Markets
(Provided that in addition to the above sum, the necessary traveling expenses of the Director shall be paid.)

i3,000.00

(b) For the purpose of carrying on the work of the Bureau of Markets ...

Sub-Section B.-Chemist.

Items.

(a) For the salary of a chemist for the Department of Agriculture ........ 3,000.00

(b) For the nu1~ntenance of the office and laboratory of the Chemist, including two assistant cheinists at $1,000.00 each . . . . . . . . . . . . . . . . . . .

15,500.00

40

JoL""RXAL OF THE SEKATE

Sub-Section 5-State Veterinarian.
Items.
(a) For the salary of the State Veterinarlan . . . . . . . . . . . . . . . . . . . . . . . . . . 2,5
(Provided, that in addition to the above salary the actual traveling expenses of the State Veterinarian shall be paid when same are incurred in the service of the State, statement of said expense to be audited by the Commissioner of Agriculture.)
(b) For the work of the State Yeterinarlan ......................... .
(Provided that the above appropriation shall be expended as follows, itemizell statement of expenditures being furnished the General Assembly by the Commissioner of Agriculture.)
(1) For the protection of live stock from contagious and infectious disease. . . 5,(
(2) For exterminating the cattle tick and developing the live stock industry. . 25,(
(3) For combatting outbreaks of hog cholem and distributing serum in carrying on this work ........... .
Sub-Section 6. Oil. lnsprctor.

FRIDAY, .JFXE 24, 1921.

Items. (a) For the salary of the Chief Oil In-
spector ......................... .

3,000.00

(ProYidell that in addition to the aboYe salary the actual tran-'ling expenses of said inspector shall be paid, as proYi<le<l by law.)

(b) ],or the salary of a clerk to the Chief Oil lnsp('Ctor ............. . 1,500.00

Sub-Section 7. DPparfmpnf of Horticulture and Pomolo.qy and Board of Entmnolo.qy.

Items.

(a) For th0 salary of the State Entomologist . . . . . . . . . . . . . . . . . . . . . . . . .
(b) For tlw MaintenancE' of tht.:! Department of Horticulture and Pomolog~ and the Boar<l of Entomology . . . .
Sub-Section 8; E:rperiment Station.
Items.

3,000.00 60,000.00

(a) For the payment of the actual expenses of the Directors of the Gl:'orgia Experiment Station ........... .

800.00

(b) For the maintenance of the Coastal Plains Experinwnt Station........ .

SECTIOX '' KIXE ''-GEOLOGICAL DEPARTMEXT.
Sub-Section 1. Items. (a) For the maint<>nance of the State
Geological Surn~- ............... .

42

JOl.'RXAL OF THE SEXATE

(Provided that the above appropria-

tion shall be spent under the direc-

tion of the State Geological Board, as

.,

provided by law.)

SECTIOX '' TEx ''-RAILROAD Co:~nussiox.

Sub-Section 1. Items. (a) !<'or the salary of the Chairman of
the Railroad Commission . . . . . . . . .

3,000.00

(b) For the salaries of the remaining Commissioners . . . . . . . . . . . . . . . . . . .
(Provided that the abow sum shall be appropriated in four equal salaries of $3,600.00 each.)

14,400.00

(c) For the <'mploynwnt of one or more rate experts . . . . . . . . . . . . . . . . . . . . . 4,000.00

(d) For the salary of a special attorne~ for the Commission . . . . . . . . . . . . . . 2,300.00

(<') For the sahu-~ of n Necr<'tn r~ to tlw Commission . . . . . . . . . . . . . . . . . . . . . :~,000.00

(f) For the salary of a stenographer to the Commission . . . . . . . . . . . . . . . . . . 1,:200.00

(g) For a contingent fund for the Railroad Commission . . . . . . . . . . . . . . . . :1,000.00

(h) For a printing fuiHl for tlw Hailroad Commission . . . . . . . . . . . . . . . . . . . . . 2,000.00

J:i1RIDAY, JeNE 24, 1921.

4;)

SECTIOx '' ELEYEX ''-TAx Co::.\IMISSION.
Sub-Section 1.
I terns. (a) For the salary of the State Tax Com-
n1tsstoner ....................... . 4,000.00 (b) For the salary of a clerk to the State
Tax Commissioner . . . . . . . . . . . . . . . 1,500.00 (c) For the salary of a stenog-rapher to
the State Tax Commissioner . . . . . . 1,000.00

SECTIOX "TwELVE"-PRISON CoMMISSION.
Sub-Section 1.
I terns.
(a) For the salaries of members of the Prison Commission . . . . . . . . . . . . . . 10,500.00 (Provided that this sum shall be equally apportioned in three salaries of $3,500.00 each.)
(b) For the salary of a Secretary to the Prison Commission . . . . . . . . . . . 2,500.00
(c) For the maintenance of the State Prison Farm .................... .
(d) For the maintenance fund of the Prison Commission .............. .

SECTiox '' TniRTEEX ''-BoARD OF Penuc \VELFARE. Sub-Section 1. Items. (a) For the support and maintenance of
the Board of Public \Velfare ..... .

.Jol.:IDIAL OF THE SE~ATE

SEcTIO~ '' FouRTEE~ ''-PE~~IO~ CoMl\n~~IO~.
Sub-Section 1.
Items.
(a) For the salary of the P<:>nsion Comniissioner ....................... . 4,000.00
(b) For the hire of clerical help in the office of the Pension Commissioner .. 3,900.00
(c) For the payment of pensions which shall become due ............... . (Provi<letl that should any fees be due any ordinaries for pension work, such fees shall be paid from the above appropriation. After paying all claims for said year, if there should be a surplus, the same shall be transferred by the Treasurer to the General Fund on January 1st.)
(d) For continuing the work of the Roster Commission . . . . . . . . . . . . . . . . . . 4,600.00

SECTIOX ''FIFTEEX''-Pl:BLIC PRIXTI~G.

Sub-Section 1.

Items.

(a) For a general printing fund to be expended by the Governor, according to la"r .......................... .

(b) For the salary of the Superin-

tendent of Public Printing

3,000.00

FRIDAY, JT:NE 24, 1921.

45

(c) For a contingent fund for the office of the Superintendent of Public Printing ....................... .

SECTION ''SIXTEEN''-DEPARTMENT OF ARCHIVES AND HISTORY.
Sub-Section 1.
!terns.
(a) For the maintenance of the Department of Archives and History ..... . (Provided that the above appropriation shall be expended at the direction of the State Historical Commission, as provided by law.)

SEcTION '' SEvExTEEN ''-STATE SION.
Sub-Section 1.

LIBRARY

CoMl\Us-

Items.

(a) For the support mul maintenance of the State Library Commission..... 6,000.00

SECTION ''EIGHTEEN' '-STATE LIBRARY.

Sub-Section 1. Items.

(a) For the salary of the State Libra-

rian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) For the salary of an assistant to the
State Librarian . . . . . . . . . . . . . . . . . .

1,800.00 1,500.00

46

JouRXAL oF THE SEXATE

(c) For the salary of an assistant. to tlw State Librarian . . . . . . . . . . . . . . . . . . 1,(
(cl) ~,or the purchase of books a11<l supplies and for the incidental expensPs of the State Library a}l(l Supreme Court, to be spent solely at tlw <lir<'Ction of the Suprcnw Court ........ .
(e) For the purchase of books a11<l supplies for the Court of AppC'als ..... .
(f) For the maintenance of the Legislature Reference Department, to be expended as provide<l by law ..... .
(g) For the purchase of .books for the office of the .Attorne~~ General ..... .
(h) For printing new volumes of the Supreme Court and Court of Appeals Reports .................. .

SECTION ''NINETEEX''-MILITARY DEPARTMl
Sub-Section 1. Items. (a) For the maintenauc<> of th<' l\iilitar~
Department .................... .

SECTJOX "TwEXTY "-HTATE BoARD OF HEAI
Sub-Section 1. Items. (a) For the maintenance of the State
Board of Health ................ .

FBIDAY, .Jt~:XE 24, 1921.

47

(b) For the support and maintenance of the State Sanitarium for Tuberculosis Patients ................. .
(Provided that the above appropriation shall be exp:>nde(l under the direction of the State Boar(l of Health) ........................ .

SJ:ScTIOX ''TwExTY-UXE''-STATE Er.EE~rosY:XABY l~8TITt:TIOSS.
8ub-St~t.'fiatl 1.
I t e m e.
(a) For the support mul maintenance of the Stat<.> Snnitarium ............ .
(Provided that from this appropriation shall be paid all the expenses of the s~mitarium, including a salary
of $2,aoo.oo for a resident physician
and the salaries of the Trustees and tl1eir expenses as provided by lnw.)
(b) For the support nmlmaint.enanoo of the Confederate Soldiers Home of Georgia ........................ .
SEC-TIO~ "TwEN"TY-Two"-PcBLIC BUILDIXGS AXD
Gaouxns. Sub-Secticm 1.
ItemH.
(a) For the upkeep fun<l of the Public Buildings and Grounds .......... .
{Provided that from this fund shall

48

.JouRxAL oF THE SExATE

be paid the salary of $2,500.00 due the keeper of public buildings and grounds, the expense of the ordinary repairs of public buildings, of coal, wood, lights, heat and furniture for the Executive Mansion and the various departments of the state government; and the hire of engineers, guards, watchmen, se1Tants and other necessary labor at the Mansion and such porters for the Y<uious <lepartments of the State government as the Governor may authorize; and all general expenses incident to the proper upkeep of the public buildings and grounds, and to hire such other labor as may be necessary and also the salary of the operator for the elevator at the State Capitol which salary shall not cxcee<l $950.00.)

SECTION" '' TwExTY-THREE' '-PUBLIC DEBT.
Sub-Section 1.
Items. (a) For the payment of obligations
caused by the maturing of State Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000.00
(b) To pay interest on the recognized valid debt of the State, for ]9:22 .. 226,030.00 For 1923 . . . . . . . . . . . . . . . . . . . . . . . . 217,872.50

FRIDAY, JuxE 24, 1921.

49

(c) For payment of interest on what is known as the Land Script fund....
(d) For the payment of the annual interest on the debt due by the State to the University of Georgia . . . . . .

6,314.14 8,000.00

DIVISION" "B"-JUDICIAL DEPARTMENT.

SECTIOX "OxE"-SuPREl\iE CouRT.

Sub-Section 1.

Items.

(a) For the salaries of the Justices of the Supreme Cop.rt . . . . . . . . . . . . . . .
(Provided that the above sum shail be apportioned in six equal salaries of $7,000.00 each.)

42,000.00

(b) For the salaries of the Supreme Court H>porters . . . . . . . . . . . . . . . . . 4,000.00

(Provided that the above sum shall be apportioned in two equal salaries of $2,000.00 each.)

(c) For the salaries of Supreme Court

stenographers

18,000.00

(Provided that the above sum shall be apportioned in six equal salaries of $3,000.00 each.)

(d) For the salary of tlw Sheriff of the Supreme Court . . . . . . . . . . . . . . . . . . 2,400.00

50
(e) For the compensation of the clerk of the Supreme Court, an amount sufficient to cover the <Rf'ference between the costs r"'<wivetl and the minimum snhn~ allowt>cl by la~.
(f} All ff.'es due to Clerk of Suprenw Court in pauper CHses, upon yn'OJJCl' showing to the Governor.
{g} For a contingent f'uud for the Supreme Court ................. .

SECTION" ''Two' '_:_COT:RT Ol" APPEAI.M.

Sub-Sectio'n 1.

lteHn8.
(a) For the salari(ls of the .Tu<lgC's of the Court of Appellls . . . . . . . . . . . . 42,000.00
(Provided that the above sum shall be apportioned iu six Pqual salaries of $7,000.00 Pach.)

(b) For the salaries of the Court of AP; peals Reporters . . . . . . . . . . . . . . . . .
(Provided that the abon~ smn shall be apportioned in hvo E>qual s~tlaries of $2,000.00 each.)

4,000.00

(c) For the salaries of the Court of Appeals stenographers . . . . . . . . . . . . . .
(Provided that tlw abcne sum sl1all be apportionE>d in six (>qual salaries of $3,000.00 ench.)

18,000.00

FRIDAY, JuxE 24, 1921.

51

(d) For the salary of the Sheriff of the Court of Appeals ............... .
(e) For the compensation of the Clerk of the Court of .Appeals, an amount sufficient to cover the difference between the costs received and the minimum salary allowed by law.)
(f) All fees due to the Clerk of the Court of Appeals in pauper cases, upon proper showing to the Governor.
(g) For a contingent fund for the Court of Appeals . . . . . . . . . . . . . . . . . . . . . .

:2,400.00 8,000.00

SEcTIOx ''THREE' '-St:PERIOR Col:RTK.

Sub-Section 1. Items.

(a) For the salaries of the J u<lges of the Superior Courts . . . . . . . . . . . . . . . . . . 175,000.00
(Provided that the abow sum shall be apportione<l in thirty-fin equal salaries of $5,000.00 each.)

(b) :b,or the salari<~s of the SolicitorsGeneral ......................... .
(Provided that the abow sum shall be apportioned in thirt~-one equal salaries of $:250.00 each.)

7,750.00

(c) For the payment of fees due Solicitors-General in criminal cases before the Supreme Court and Court of

52

J OURXAL OF THE SEXATE

Appeals and Solicitors in criminal cases before the Court of Appeals, such amounts as may be due them under the terms of the fee bill.

DIVISION "0" -LEGISLATIVE DEPARTMENT.

SEcTrox '' OxE' '-SEXATE.
Sub-Section 1. Officers and Members.
Iten~s.

(a) For the compensation of the President of the Senate, per diem. . . . . .
(b) For the compensation of the members of the Senate, per diem.......
(Provided that in addition to the above sums the President and members of the Senate shall receiw mileage at the rate of lOc per mile.)

10.00 7.00

Sub-Section 2. Etnployees.
Items.
(a) For the compensation of the Secretary of the Senate, per diem. . . . . (Provided that from the above appropriation shall be paid all the clerical expenses of the Senate.)
(b) For the compensation of the Messenger of the Senate, per diem. . . .
(c) For the compensation of the Doorkeeper of the Senate; per diem....

60.00
7.00 7.00

FRIDAY, JuxE 24, 1921.

53

(Proyided the Messenger and Doorkeeper of the Senate shall receive the same mileage as members of the Senate.)

SEcTION ''Two''-HousE OF REPRESEXTATIYES.

Sub-Section 1. Officers and Members.

Items.

(a) For the compensation of the Speaker of the House of Representatives, per dien1 .......................... .

10.00

(b) For the compensation of the mem-

bers of the House of Representa-

tives, per diem . . . . . . . . . . . . . . . . . . .

7.00

(Provided that in addition to the above smns, the Speaker and the members of the House of Representatives shall receive mileage at the rate of lOc per mile.)

Sub-Section 2.-Employees. Items.

(a) For the compensation of the Clerk of the House of Representatives, per diem ............................
(Provided that from the above sum shall be paid all the clerical expenses of the House of Representatives.)

70.00

(b) For the compensation of the Mes-

senger of the House of Representa-

tives, per diem . . . . . . . . . . . . . . . . . . .

7.00

54

.JouRXAL OF THE SEXATE

(c) For the compensation of the Door-

keeper of the House of Representa-

tives, per diem . . . . . . . . . . . . . . . . . . .

7.00

(Provided that the Messenger and the Doorkeeper of the House of Representatives shall recein the same mileage as the memb!:'rs of tlw House of Representatiws.)

Be it further enacted by tlw authorit~' aforPsai<l, That the respective amounts appropriatP<l b~ this Act for the salaries of the various Htate House officers and clerical exp!:'HSPS of the Yarious chpartments, shall be held and conRidere<l in full payment thereof, and such amounts shall not b!:' increased directly or indinctl~ h~ paynwnts of additional funds from the contingent fund, or any other fund, to such officers, tlwir cl<'rks or other persons, by way of extra compensation or for extra service, or for extra assistance nlHlPre<l to such officers in any <lcpartnwnt of saicl government, and should extra service or assistanc0 become necessary to sai<l officPrs in sai<l <l!:'partments, the same shall b(> pai<l out of tlw amounts respectively appropriated by this Act for salarit>s of the various State House officc>rs, an<l for th:> clerical expenses of said officers; nor shall any money b.e paid from any fund to any officN or persons, as a salary or otlwrwise unlt>ss tlw sanw is authorized by law, au<litecl by tlw Comptroll<r General, and the mon!:'~' <luly appropriate(! tlwrrfor.

Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same an hereby repealed.

FRIDAY, .JuxE 24, 1921.

55

II.

APPROPRlATIONS NOT YET PAID.

June 1, 1921.

B~ Acallemy for Blind . . . . . . . . . . . . . . . . . . . . . . . . . . $

'' Agricultural Schools ........... _............. .

" Albany Xornutl School (for Colored) .......... .

" Board of Health ............................. .

'' CiYil EstablishJncnt ......................... .

College for Colorl'd ......................... .
'' Contingent Funa ............................ .

'' Conting.'nt Fund R. R. Comtnission ........... .

'' Contingent Fun<l SuprrnH Coutt ............. .

" Contingent Fund Court of Appeals ........... .

1 1 Department of A!!ri<'ulturE'-

(n) 1\faintt:>nance ............................ .

(b) Purt:> Food .............................. .

( <) Chemi<'als ............................... .

(cl) Contal!ious "OisC'nsr~ ............. ........ .

(t:>) Hog Cholera Scrum ...................... .

(f) InspNtors' Salary, t:>t<'., Est.............. .

(!!) Tirk Eradic>ation ........................ .

(h) V C'terinarian Expcnst:>s, Est. . ............. .

" :pC'pt. of Agri. 'Yarrant~, Fertilizer, Bst....... .

'' Dept. of Arcl1iY~S and History ................ .

'' Dept. of Comn1eoree an<l Labor, Continll'<'Dt ..... .

'' Experiment Station .......... o 0

'' Game Protc-etion Fund ....................... .

'' Geologi('al Fund ............................. .

" Georgia :\f1dieal College' ........ 0 0 0

'' Ga. Xormal and Intlustrial Colle:.rC' ........... .

'' lforticultnral Fun<l ................ 0

" Ineitlentnl Exprnse General Asscmhly ......... .

'' Incl0xing HousP ana S(lnnt<- Journal ........... .

1 '

lntlian Springs Fun<l

......................... .

'' Inspection of Est. . .. O'ils~

o

" Jnsuranfc Puhli( Builclings, Etf. . ............ .

'' Insurance D0partn1ent Fund ................. .

" Land Seript Fund Interest .................. .

'' Legislathe Pay Roll, Est. . .................. .

'' Library Fund ........ 0 0 0

'' Library Fund Referen<>c- Bureau ............ 0 1 ' Librar~~ Fund Court of Appeals ............... .

'' :\Iarket Bureau .................. o '' )Iilitary Fund .............................. .

2:1,333.35 1;39,250.00
9,000.00 60,090.00 181,437.50 31,640.00
472.21 1,000.00 4,854.04 3,649.00
10,750.00 10,000.00 12,000.02
6,000.00 18,000.00 24,342.40 19,000.00
487.53 29,602.55 4,015.89
1,200.00 8,771.19 2,700.00 13,046.01 36,640.00 75,000.00 33,250.00
225.00 150.00 105.00 3,5!)].40 1,816.36 6,900.00 3,157.07 113,083.76 3,015.02 2,032.59 1,623.30 21,569.98 19,517.77

56

JouR~AL OF THE SE~ATE

'' Coa~tal Plains t~xperinH'nt Station . . . . . . . . . . . . . ~ 25,000.00

" I)ept. of Agriculture (I. & F.) . . . . . . . . . . . . . . . .

2,500.00

'' Library Commission . . . . . . . . . . . . . . . . . . . . . . . . . .

3,900.00

'' Dept. of Pub. Printing, Salaries and J.~xp. . . . . . .

5,600.00

" Dept. of Commerce and Labor, Salaries . . . . . . . . ~6,075.00

'' By North Georgia A. & :\f. College . . . . . . . . . . . . . 20,000.00

" Overpayment Taxes Refunded, Est. . . . . . . . . . . . .

7,500.00

'' Pension Fund ................................ 1, -5,355.00

'' Printing Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

248.10

'' Printing Fund R. R. Comn1ission . . . . . . . . . . . . . . .

] ,922.07

'' Prison Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . q2,:l2~-~3

'' Public Buildings antl Grounds . . . . . . . . . . . . . . . . . f3,46t.n0

" Publishing Georgia He1)orts . . . . . . . . . . . . . . . . . . . 1:~,173.09

'' Publie Debt-

(a) Interest ................................. . 147,533.05

(b) Sinkiug Fund ............................ .

5,500.00

'' Hate Expert Fund .......................... .

3,000.00

'' Re"arll Funcl .......................

4,750.00

'' Roster Fund ................................ .

3,287.14

'' School for the Deaf .... _.................... . 27,336.37

'' S('hool Fund ................................. . 4,486,429.73

'' Sl'hool of Technology ...... o o 0 o o.

'83,200.00

' ' Soldiers' Hontc . 0 0 0 0 0 0

2$1,24a.oo

'' Solieitots Gene-rals' Fees, Est. ................ .

6,255.00

" South Ga. A. & ~f. College, Val. ............... . 42,070.00

'' Special Appro. Legislative Con1................ .

7,500.00

' ' State Xormal Si-hool .. o o 0 0

:l4,$l80.00

'' State Sanitarium ............................. . i)l$1,944.85

'' State lJniversity, Support Futul ............... . 6:{,200.00

'' State l."'niY. for Agri. College ................. . 85,820.00

'' State l7niY. for Smith-Le,er ........... 0 0

21,562.98

" lTniY. for Farmers' Institute ....... 0 o o

2,500.00

'' State lTnh. for Summer School ............... .

7,500.00

'' Stationery, General Assentbly, E:st............ 0.

192.:18

'' Temporary Loan ........... o o o ;)00,000.00

' ' Training S<:hool for Girls . . . . 0 0 0 0

20,500.00.

'' Tuberculosis Sanitarium .............. : . ....... . 31,000.00

'' Vocational Education ........................ . 20,103.7$1

" Sun1mer School (Colored) .................... .

2,500.00

" 'r' ' Training School for Boys . 0 0 o o 0 ocational Rehabilitation .................... .

li,500.00 1$1,898.49

'' School for liental DefectiYes ................. . 18,144.75

'' Purnitnr<' and Replaccntent (IL & S.) ......... .

548.00

TOTAL ................................ $8,484,389.06

FRIDAY, Ju-xE 24, 1921.

57

III.

ESTIMATED REVENUE, 1921.

Assessed Yalue of Property for Taxation, 1920 ..... $1,346,882,681

Pl'Operty on Digest . . . . . . $1,181,413,058

Tax at 5 Mills..........

$5,907,365.29

Cost of Collection at 7%

413,515.57

K et to State . . . . . . . .
Value Public Utility Corp. 165,409,623 Tax at 5 l\Iills . . . . . . . . . .

$5,493,849.72 827,048.12

$1,346,882,681 Xet ReYenue to State, All Valorem Tax ........ $6,320,897.84

ESTIMATED INCOME FROM OTHER SOURCES.
Poll Tax .............................. . $298,522 Professional Tax ....................... . 62,400 Baek Taxl's ........................... . 116,936 Rent, W. & A. Railroad ................. . 540,000 Rent, Hotel Patten .................... . 8,340 Income' Tax, Railroads exempt from Ad. Val. 8,691 Insuranee Companies, Fees and Taxes ... . 740,000 Inheritance Tax ....................... . 250,000 Interest, State Deposito1ies ............ . 31,000 Fl'C's, Fl'rtilizers ...................... . 70,000 .Fee's, Pure Food ....................... . 45,000 FCC'S, Oil .............................. . 350,000 Fees, Game Protection ................ . 6,000 Fees, Office ........................... . 6,660 General & Poll Tax not on digest ....... . 100,000 Occupation Tax, Corporations, Foreign &
Domestic ......................... . 285,000 Sperial or Occupation Taxes ............. . 515,000 Sale of Acts, Codes ancl Reports ......... . 7,700 ::\Iisrl'llaneous Itrms ................... . 63,500
$3,501,7 48.00 Total Estimated RcYenue, 1921 . . . . . . . . . . . . . . . . $9,822,645.84

58

,JOURXAL OF THE ~EXATE

IV.
A BILL TO BE ENTITLED
.AN ACT to amend Article VII of the Constitution of the State of Georgia; to ci<>ate and establish a Commission to be known as tlw ST.:\ TJ1J BFDGET and INVESTIGATIXG COMJ\USRION; to define the duties and work of sai(l Commission; to set forth the powers and authorit~' of said Commission; to provide for tlw maintenance of sai<l Commission, and to regulate the making of appropriations b~ the General A ssembl~ of Georgia and to provide for the submission of said Amendment to the qualified voters of this State for adoption or rejection.
SEcTioN o~E.
The General Assembly of tlw ~tate of GPorgia hereby submits to the citizens of this State a proposed Amendment to the Constitution of Georgia, which proposed Amendment shall a<l<l to Articl<> VII of the Constitution an a<l<litioual RPction to be known as Section XVIII, aU<l shall rPa<l as follows:
SECTION" XVIII.
Paragraph 1.
There shall be in this "State a Bn<lgd an<l Investigating Commission,'' ('omposed of the Gowrnor, who shall be its Chairman, The State Superintendent of Education, The Chairman of the Appropriations Committee of tlw SenatP, Tlw Chairman of the Appropriations CommitteP of the House

FRIDAy' .Jl!XE 24, 1921.

. 59

of Representati,es, and the Chairman of the \Vays and Means Committee of the House of Representatives, who shall sern' until their successors are elected and qualified. The Commission shall be provided for an<l maintained as a Department of the State Government.
-Paragraph 2.
The Commission, in additim1 to such other duties not in conflict with the following, as may be imposed by statute, annual!~ shall imestigate the Departments an<l Institutions of the State and the laws governing the operation thereof and make to the General Assembly a report as to the conditions found to exist therein, and recommend such changes in said laws as may be deeme<l expedient. The Commission shall luwe access to all records and books of any State Official, Departnwnt, or Institution, and shall have the power to summons and a<lminister oaths to any official or employee of any Department or Institution of the State, or any other person. The Commission also shall haYe the power and it shall be its dut~ to require of all Departments, Institutions, and Agencies of the State, an estimate of their financial needs for the fiscal :vear or years specified by the Commission, and any other financial statements or estimates, as may be deeme<l necessary.
Paragraph 3.
The Budget and Investigating Commission shall submit to the General Assembly at the session immediately preceding any fiscal year for which no "General Appropriation Bill" has been enacted, a

60 .

JouRNAL oF THE SENATE

report in which recommendation shall be made as to the amounts to be appropriated to each of tlw several Institutions and causes to which appropriations may be made under the Constitution and laws of this State, the amounts of which are not fixed b~r law.
The General Appropriations Bill shall inchule all of the items as recommenderl b~ said Commission, which several items so recommende<l ma~ be reduced or omitted therefrom by the General Assembly under the usual rules thereof, but it shall require Of oeach branch two-thirds of those YOting to increase any such it<.>m so recommended, provided such two-thirds shall constitute a majority of tlw membership thereof.
No other appropriation bills shall be considered until the ''General Appropriation Bill'' has been finally acted upon by both the Senat<> and the Hous~ of Representatives, and each other appropriation bill, including any bill for any appropriation in addition to those recomnwn<led in said report, shall be known as a "Special Appropriation Bill." No "Special Appropriation Bill" shall be vali<l, should the sum therein specified cause the total appropriations for any year or years in which the same is to be paid to exceed the total revenues, as estimate<l in the report of the Commission, unless each such ''Special Appropriation Bill'' shall provide the revenue necessary to pa~ the appropriation therein carried.
SECTION Two.
Be it enacted by the General Assembly, That if this Constitutional Amendment shall be agreed to

FRIDAy' J UXE 24, 1921.

61

by a two-thirds vote of the members of the General Assembly of each House, the same shall be entered on each Journal, with the ayes and nays 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 thereat in favor of adopting said Amendment shall have written or printed on their ballots the words: ''In favor of ratification of Amendment to Article VII of the Constitution, establishing the State Budget and Investigating Commission"; and those op-
posed to the ratification of said Amendment shall
have written or printed on their ballots the words: ''Against ratification of Amendment to Article VII of the Constitution, establishing the State Budget and Investigating Commission.'' If a majority of the electors qualified to vote for members of the next General Assembly voting shall vote in favor of ratification, then said Amendment shall become a part of said Article VII of the Constitution of this State.
SECTION THREE.
Be it further enacted by the General Assembly that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The following message was received from the House, through Mr. Moore, the Clerk thereof:
llfr. President:
The House has passed by the requisite constitutional majority the following resolutions of the Senate, to wit:

62

.JorRKAL (H' THE SExATE

A resolution pro,iding for a joint committee from the House and Senate to arrange a program for the inauguration of the GoYernor-elect.
.A resolution proYi(ling for a joint Sl'Ssion of the General Assemhl~ on Satunla~, .June 25th, 1921, for the purpose of inaup;urating tlw Gmernor-elcct.
The Speaker has appointed the following members of tlw Hons<> as tlw inaugural committ<><> on the part of the House:
Ennis of Baldwin. Beck of Carroll. ~Iayo of ~1itchell. Bentley of Fulton. Kittrell of Laurens.

The following Semtte bills were introduced and read the first time, to wit:

B~- ~Ir. Dmidson-
A hill to amend Paragraph 2, Section 1, 1\ rtiele 11, so as to create com1ty of Peach.
Referred to Committe on Constitutional Amendments.

B~ ~Icssrs. Holmes, "ohlweJHler and Ridley-
A bill to amend the Constitution of tlw State h~ adding thereto a lle\\' Article, to he known as Article F'ourteen.
Referred to Committe on Constitutional Amendments.

FRIDAY, JuxE 24, 1921.

63

B~ 2\fr. Fleming of the 10thA bill to abolish the office of Count~ Treasurer
of Dougherty Count~. ()rdercd to be engrossed.
B~ .:\Ir. Fleming of the lOth-
A bill to enahlc electors of this State who arc to be absent from the counties of their residence on c>ledion da~s, to Yotc in all general and primar~ State elections, and for other purposes.
Reft>rrecl to Committee on PriYilcgc>s and Elections.
B~ l\1r. Hollingsworth-
A bill to proposf' an amendment to Section 7, Article 7 of the Constitution of Georgia to authorize an~ count~, etc., to incm; debt not to exceed 7 'per cent., etc.
Referred to Committee on Constitutional Amendments.
B~ 2\Ir. Thomas-
A bill to amend Section 786 of the Penal Code of Georgia, 1911, for the purpose of fixing punishment, and for other purposes.
Referred to Committee on Constitutional Amendments.
By ::\Ir. Jones of the 37th-
A bill to proYide for a secret and private ballot at all elections held in this State.
Referred to Committee on Privileges and Elections.

64

JouR:KAL OF THE SE:KATE

By ~Ir. Hollingsworth-
A bill to amend Section 3, Article 7 of the Constitution to authorize the use of the State's credit, etc.
Referred to Committee on Constitutional Amendments.

By Mr. F'leming of the lOthA bill to amend the charter of the City of Albany. Ordered to be engrossed.

By Mr. Ridley-
A bill to amend Article 2, Section 1, Paragraph 2 of the Constitution.
Referred to Committee on Constitutional Amendments.

The following Senate resolution was read and is to lay over one day:

By ~Ir. l\fanson-
Resolved, that a committee be appointed to investigate the condition of the State Treasur~.
The follmYing Senate resolution was read and adopted:

By Messrs. ~-\kin and Thorpe-
Resolved, that the General Assembly adjo-urn on the first day of July until the fifth day of July for the purpose of attending a barbecue at Brunswick, Georgia, and the opening of the Altamaha bridge.

FRIDAY, JuNE 24, 1921.

G5

On the motion of :\Ir. Jones of the 37th, the Senate went into executive session at 11:45 a. m.
At 11 :55 a.m., the executive session was dissolved.
Mr. Boykin, chairman of the committee to make arrangements and to provide for a program for the inauguration of the Governor-elect, submitted the following report:

Mr. President:
Your committee appointed to make arrangements and to provide for a program for the inauguration of the Governor-elect, beg leave to report as follows:
1. That the inaugural ceremony shall take place upon a platform erected for that purpose upon the grounds of the Capitol at 12 :00 o'clock noon, Saturday, June 25, 1921.
2. That at 11 :45 a. m. on that day, the House and Senate assemble in joint session in the Hall of the House of Representatives, the President presiding, whence they shall proceed to the inaugural stand for the ceremonies. "Upon conclusion of the same, the House and Senate shall stand adjourned until 11:00 a. m., Monday, June 27, 1921.
3. That the joint committee of the House and Senate will repair to the intersection of Peachtree and Harris streets, in the City of Atlanta, Georgia, at 10 :45 Saturday morning, June 25, 1921, where they will meet the Governor-elect and join in escorting him to the Capitol.
4. That the Justices of the Supreme Court and the Court of Appeals, State House officers, elect and re-

GG

.JouRxAL oF THE SEXATE

tiring, e'x-GoYernors and Federal .Judges are invited to assemble at the GoYen:or 's office at 11 :50 o'clock a. m. and join in the escort of the GoYemor aml the GoYemor-elect to tlw place' upon the Capitol g-romHls where the inaugural ceremonies will occur.
5. That tlw order of tlw proceedings h) the joint s::-ssion at the place' of inauguration will he as follows:
(a) Tmocation h~ He'\. \Y. \Y. ":\Iemminger, Hector of All Saints Church, of Atlanta, Ga.
(h) Presedation of Gon'rnor-dect hy the Presiclc,nt of the Senate.
(e) 1\dministration of the oath of office to the G<nernor-dect h~ the Hon. Roscoe Luke, .Justice .of 1hc Court of Appeals.
(d) Presentation of the Gr0at Seal of the State h) the Sccretan of State to tlw retiring Gon'mor, who shall cleliYc>r the same to thc> Gmemor, \Yho m turn delivers it to the Secretar~ of State.
(c) Inaugural addrc>ss h~ the GoYernor.
(f) Congratulaton n'm<uks hY Hon. \Yilliam .T. \Tcreen, Chairman of the State Democratic ~~xecu tive ( 'ommittec of Georgia.
(g) Benediction h~ Rc'v. \Y. \Y. ":\[ennninger.
R ::spedfull~ submitted, .JAl\IES H. BoYKIX,
Chairman.
ED \YoHLWEXDER,
L. L. BROWX.

FRIDA'\, .Ju~E ~4, 1921.

67

Tile report of the committee was adopted.

rpon tile motion of .Jir. Broll"ll it was agreed tllat \\hen the Scnnte ad,joums todar, it stand adjourned until 11 :30 o'clork tomorrow morning.
The Prcsidtut mmouueed the Seuatc adjouriu~d until tomonow morning at 11 :30 o'clock.

68

JouR~AL oF THE SEN"ATE

SE~ATE CHAMBER, ATLANTA, GA.
June 25th, 1921.
The Senate met pursuant to adjournment at 11 :30 a. m., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the journal of yesterday 's proceedings was dispensed with.
The following message was received from the House, through Mr. Moore, the Clerk thereof:
Mr. President:
The House has read and adopted the following resolution :
A resolution to suggest, recommend and request the Senators and Representatives from this State to further amend the Federal Farm Loan Act so that banks may be supplied with additional funds "ith which to help the farmers of this State.
l\Ir. Jones of the 37th asked unanimous consent for the consideration of a House resolution by ~Ir. :)1acl\1ichael of l\farion indorsing the Farm Loan Association resolution by the United States Senate, and the consent was granted.
Mr. Jones of the 37th asked unanimous consent that the resolution be adopted. The resolution was adopted.

SATURDAY, JuxE 25, 1921.

69

STATE OF GEORGIA,
ExECVTIVE DEPART:ME:NT.
June 24th, 1921. The following message was received from His Excellency, the Governor, through his Clerk, Mr. Cobb:

lU r. President:
I am directed by His Excellency, the Governor, to deliver to the Senate two communications in writing, to which he respectfully invites your attention:
MESSAGE.
STATE OF GEORGIA,
ExECUTIVE DEPARTMENT,

ATLANTA, GEORGIA,
June 25, 1921.
To the General Assembly of Georgia:
In complying with the law, in obedience to which this Message-the last I shall have the honor to submit-is sent to you, it is considered a full observance of the obligation imposed to discuss only those matters with reference to which an Executive is especially charged with some duty, or about which that official may be in a position to have special knowledge; and to recommend for your consideration only those measures deemed most necessary.
\Yhere previous General Assemblies have had the opportunity yours now has the necessity, for some action to solve the State's financial difficulties.

70

J OURXAL OF THE SENATE

For seYeral mouths before the Legislature conYenC'd in Hl20, the State Treasury was unable to honor requisitions for appropriations made at the HlHl session of the Legislature, and some of th0se, and others passed in 1920 and pa~~ablc during that year, arc still unpaid.

Except for an authorization to the Gowrnor in J9H) (Georgia L1ms, 191~l, page 14-W, Resolution 16) to defer the distribution of State Road Funds to counties to which, under the law then existi11g, they were apportioned, it is probable that the embarrassnwnt which occurred in 1920 would then haYe arisen.

For years it has been well understood hy those familiar with the State's affairs that this condition would inevitably obtain unless appropriations were materiall~' reduced or revenues substantially mcrC'ascd. Keither has been done.

The status of appropriations on J anuar~~ 1, 1913, and on January 1st of subsequent years, including the current year, is shmm h~~ an inspection of the following table, which sets out the ""Cndrawn Balances'' "hich were carried oYer froin the previous

~~car:
.Jan. 1, HlJ:l .Jan. 1, 1014 Jan. 1, 19];! Jan. 1, 1916 Jan. 1, 1917 Jan. 1, 1918 .Jan. 1, 1919 .Tan. 1, 1920 .Tan. 1, 1921

"Undrawn Balance'' or Ap
propriations for previous year
unpaid on January 1st of each year.
$2,002,79~.70
1,607,4:lUO 1,001,702.07 2,2:)9,:!61. 7:l 2,627 ,6:l).4:l
2,812,(i~0.4:l
2,926,671.0(;
2,90i,:~6S.01
4,211,48!J.OO

Ba1anec in Treasury to help pa~ l'n'lrawn Bal-
anee

Deficit or amount not on hand JH'rPssarv to
complete payment
of '' Cndrawn Balance.''

$1, 11:l,:>1 7.:n 7:l0,(i2;).7;) 7S7 ,4:>5.88
8~2,799.09
1,:186,1:16.42 1 ,4i50,.5:l1.1 8
81:l,B!l.66 !')00,825.64
1 ,024,801.15

$ !')70,27'7.48 (i(i7,80i5.64
1 '114,246.19
1,~1~,;)62.42
1 ,2~ 1,406.01 1 .:~8:l,:l00.2i5 2,11 :~.fi:l1.40 2,087,74:1.27 3,186,687.85

SATL'RDAY, JrxE 23, 1~)21.

71

The unusually large deficit with which the present year was started is due to increased appropriations to public schools, Confederate Vctcrans, Legislators, officials, and increased allowances to many departments and larger maintmmnce funds to practically all our institutions. Due to the increased prices of all commodities occasioned by conditions grmYing out of the great \Yorld \Yar, such increases -with possibl~ one or two exceptions-were unquestionably desencd; and in the case of some departments-awl I think all institutions-the increases were absolute!~ necessary.
The unusuall~ large deficit referred to was also brought about b~ the failure to collect taxes due for 1920. EYen as late as the first of June, 1921, there still remained $521,827.67 of 1920 taxes uncollected. At the same date last )car of previous ~ears taxes, onl~ $59,813.86 remained uncollected.
In 1920, only a small per cent., or about 13.17ro of that year's anticipated revenues were paid into the Treasury preYious to the connning of the Legis-
ro lature. In 19:n' so far Ollly approximately 8.41 of
aiJticipatccl re,cnucs han' been collected, leaving ~et to be collected about 91.59%, the bulk of which will not be available until toward the close of this year. In the meantime, half of our fiscal year has passed and within that period the necessities of the departments and institutions, as might reasonabl~ be expected, have demanded a little less than o~w-half of the sums allotted for the entire year.
During 1920 m;cl 1921, the highway funds, used prior thereto in the first six months of each year, have not been an1ilahlc to tide over the "lean"

72

.JOURNAL OF THE SENATE

period. And also the litigation by oil companies restraining the collection of something over $80,000.00 of oil fees has further reduced available funds and has added to this year's difficulties.
This condition could be relieved-at least to some extent-if you would immediately authorize the temporary use of such portions of the highway funds as may not be needed by that department. A large part of such funds could be used without interfering, hindering or delaying in any respect the State's road building program. Under no circumstances should such funds be diverted from the purpose for which they were originally intended, and their use should be permitted only for such period as is absolutely necessary and to such an amount as can be certainly repaid when needed for road work.
There is no reason for holding this money idle in banks when the State needs it-especially in view of the fact that the State is borrowing, up to the Constitutional limitation, at a very high rate of interest as compared with that it is receiving as interest on these funds.
This would increase the borrowing power of the Governor by the amount of such funds thus used.
The Constitution should be amended, increasing the Governor's borrowing power. Prior to 1912 the Governor was authorized to borrow $200,000.00. A Constitutional amendment was passed that year incre.asing this power to $500,000.00. In 1912, the borrowing power of the Governor was approximately 3.55% of the appropriations. l:t1.1913, under the new authorization, it was increas~d to 8.46% of appro-

SAT"CRDAY, JUNE 25, 1921.

73

priations. In 1920, this borrowing power amounted to only 5.41% of the appropriations for that year; and i11 1921, it is further reduced to 5.07% of the appropriations.
In view of our financial system and needs, it is ad-visable to further authorize the Governor to borrow at least 10% of the appropriations made by the General Assembly for any fiscal year-or probably better, at least 10% of the anticipated revenues for any fiscal year; or, if not, to increase the power to some larger stated sum.
But the adoption of this plan would merely give partial relief, and for a limited time. The State is gTeatly in need of revenues far beyond that to be expected under our present plan of taxation. To give permanent and adequate relief we must change our tax system.
The niost sanguine adherents of the present plan could not reasonably expect thereunder revenues commensurate with the increasing demands of our government.
At the last session, requests were made by departments and institutions for over one million dollars appropriations more than were granted. That a large per cent. of such requests were meritorious and would have been in the interest of our people, I have no doubt.
The Lower House of the 1920 General Assembly was so impressed with this idea as to approve and transmit to the Senate bills which had they been favorably acted upon, would have further increased appropriations passed at that session by approxi-

74

JorRXAL OF THE SENATE

mately a quarter of a million dollars. Sonw departments and institutions needt>d and deserYPd pven more than was asked. The annual reports of the heads of departments and institutions-to a careful reading of which you arc rcspeetfull~' urged-will, it is heliend, sustain this assertion.
Our need for more revenue is also well illustrated by a pamphlet recently compil<><l b~T an official of the
r niversity of Georgia, cntitlNl: "\Yhere (jporgia
Stands in Higher -E~ducation. '' The data set forth in this publication is surprising and iuterestiug, and perhaps it will be profitable to submit here for ~our consideration somP of the stafpments thereiu made:

''How THE U ~IYERSITY rs SrPPORTED.
"During the past ten ~'ears the State of Georgia has contributed to the mainttmmce of the l'uinrsity in Athens (which inclu<lPs tlw Agricultural Colkge) as follows:
Hll2, 191:1, 1914, Hll5 . . . . . . . . . . . . $112,500 each year 1916 nn<l Hll7 ................... 120,000 each year 1918 and 1919 .................. 135,000 each year 1920 and 1921 .................. 185,000 each yiJar
''In 1913 the sum amounted to $165 per student. Instead of iuereasing with inereased demands and the shrinkage of the dollar, the per eapita appropriation has decreased so that it amounts to hut $146 per student this year. The l'nitecl States Bureau of Education reports the average annual eost of etlueating a student at a large number of typical uninrsities to be $325.
''At this rate the education of the 1,262 regular students at the University of Georgia in 1920-H)21

S.ut:HDAY, .Jc.xE 25, 1921.

75

should han eost the citizens $412,950; hut it cost less than half this amount.
''The tPaehers paid the difference by carrying more hours of work tlum they ought to carT~, and hy being pai(1 lower salariPs than they ought to receiYe. The students paid it h~ working with inadequate equipment, h~ liYing in dangerously oYercrowded dormitories, or h~ being d<'nied dormitor~ accom~ modations at all. The citizens of the State paid it by limiting the University's servic<' to the State, and by denying some high school students the State UniYersity education which is rightfully theirs.
"Tl/(~ Bducational Status of (ipor,qia: In relation to its own past: During its early history, Gcoraip: '"as one of the most progressive States in the rnion in educational matters.
"In 1850 the State of Georgia stood ninth in education (negroes, of course, not being then counted). Onl~ eight States pr<'c<'ded her in the number of chartered acad<'mies and enrollment of students.
"But in 1921 GPorgia stands at the lower end of the list. The last report of the rnited States Bureau of Education shows G<'orgia 's rank among the States:-
"For coll<'ge att<'ndancc compared with population, Gcorgia stands a+th.
"For attcmlance at publici~ supported universities, colleges and normal schools, Georgia stands 37th.
''For univcrsit~ receipts from public sources per student, Georgia stands 40th.

76

JOURNAL 01<' THE SEN ATE

''I!'or university receipts from public sources per capita of population, Georgia stands 44th.
"For annual university appropriations from the State Legislature, Georgia stands 35th, only seven places from the bottom.
"Georgia's total present annual expenditures for all higher education within its borders is $445,000 less than the annual expenditure for chewing gum.
"A Cornparison 1Vith Other Southern States: Yet other Southern States are able to support their universities. North Carolina appropriated this year $1,490,000 for new university buildings and provided $500,000 a year for maintenance. It ap-
propriated in addition $300,000 to the vVomen 's Col-
lege, and raised its appropriation to the Agricultural College to $600,000 for the next two years. Louisiana has cared for her State University b~ a two per cent. tax on the natural resources of the State, which will amount to over $3,500,000 a year
. for four years, and is prepa.ring to provide a one-
mill tax for maintenance after that time.
''The Arkansas State Legislature of 1921 raised the tax for the support of the University from fourninths of a mill to one mill.
"In the past ten years, the State of Georgia has given just $10,000 for the erection of new university buildings. During that time the number of students has increased from 654 to 1,262. The demands on the University plant and equipment have therefore doubled, and only $10,000 has been appropriated for enlargement.

SATURD.u, JuxE 25, 1921.

77

":F'rom the returns of a canvas of State "Cuiversities, it appears that Georgia foots the list for building expenditures during the last ten years. Her nearest competitor was Kentucky, whose expenditure was :fifteen times as great as that of Georgia.
''Other States have prodded hundreds of thousands and even millions for new university and college buildings during those same ten years :
XORTHERN STATES: Michigan ............................... $4,000,000 Iowa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,824,000 Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,500,000 Nebraska ............................... 2,315,570 Ohio ................................... 2,078,757 Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,076,600 Kansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,500,000
SOUTHERN STATES: Xorth Carolina .......................... $2,1i6,012 Texas .................................. 1,181,762 (Dormitory spaee has been prodded for 800 students) Tennessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000,000 Mississippi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 966,500 (Dormitory sp:11e has heen pro,ided for 200 students) Arizona . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 875,500 west Virginia . . . . . . . . . . . . . . . . . . . . . . . . . . . 500,000 Arkansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350,000 Florida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262,000 South Carolina (for Clemson College only)* 200,000 Alabama . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155,000 Kentucky ............................... . 150,000 Georgia ................................ . 10,000 *Xo figures available for the Cnhersity.
"The value of property and equipment of the University in Athens is placed at $997,000 in U. S. government reports. The University of Virginia is valued at $1,107,646, the University of Oklahoma $4,820,566, California $17,244,000. The great State Universities of the Middle 'Vest show even more impressive contrasts with Georgia.

78

JouRKAL OF THE SEXATE

"H"CN"DREDS OF ST"CDEXTS HAVE BEEX TUR)..TED A\YAY FRO~I THE DXIVERSITY BECAt'SE O}i' LACK OF DORJIITORY ROO:~!.
''How THE ExRoLLMEXT liAs GRowx.
Year 1868 . . . . . . . . . . . . . . .Students 171 Year 1885 ............... Students 183 Year 1890 ............... Students 196 Year 1895 ............... Students 249 Year 1900 ............... Students 279 Year 1905 ............... Students 375 Year 1910 ............... Students 531 Year 1915 ............... Students 644 Year 1920 ............... Students 1,262
"For the men at the rninrsity there arc onl~- 90 rooms, originally intended for 90 students. \Yhen numbers became too great, 180 students were crowded into these rooms. X ow there arc 270 stude-nts living in these same 90 rooms-an overcrowded and unhealth~- condition that should not be tolerated.
''This year, when all housing space on the campus and in the town had been used, three boys lived for weeks in an old barn rather than give up a university education. The~- finall~ found a place to stay, but not in college dormitories. This is the sort of men Georgia is denying au .education. In 1910, with 531 students, the dormitories housed 270 men.
''In 1920, with 1,262 students, the dormitories still housed oul~r 270 men.
"In fpn !JPars the State has Hot addPd o11e room
for Unirersity Jle11: In those same ten years the

fhTrRDAY, ,JrXE 25, 1921.

79

State of Kentucky has pro,ided room for 100 additional students; Indiana, 184; Iowa, at the State University, 585, and at the State College, 524; Xebraska, 1-t-0; 'Yashing'ton, 12Q; Xorth Carolina, 114; Maine, 226; South Dakota, 110; South Carolina (Clemson),
220; Colomdo, 200; 'yest Virginia, 110.

"THfi~ STATE OF GJi~ORGIA HAS PROVIDED XOTHIXG.
''C:eor.r;ia's .Faclllfy is UndPrpaid: In the last three ~-ears, fifty-two faculty members have left the
r uiversit~ for other positions."
The compelling <'ause for these resignations, probahl~- without an C'xception, is illustrated by the tahle on page - of comparative prices, wages and salaries expressed in percentages from 1910 to 1920, the data for ( \ll'n> A being obtained from Bradstreet's Index of Commodity Prices; for Curve B, from the 1918 report of the "B~ecleral Bureau of Labor and from a publication of Babson's Statistical Organization, and ( 'mTe C from the records of the RPgistrar of the l"ninrsit~ of Georgia.
But the State's higlwr institutions of learning, with few, if an~, exceptions, have been rendering a remarkable. service, notwithstanding the handicap of lack of fulJ(ls under '"hich they have been forced to struggle for years; and in justice, it should be said that the l"ninrsity of Georgia, the parent institution, has, during the time I have setTed as Governor, v<n magnanimous!~- withheld insiotencc for additional aid in order to permit its branches to receive increast>d and mneh netded appropriations,

80

JouR~AL OF THE SENATE

which have been liberal as compared with those made to the parent institution.
"In 1909, there were only 94 graduates of fouryear high schools. This year,. we will have between four and five thousand. It is estimated the State will be called upon to care for an increase of from four to five hundred per cent. within the next few years. Georgia should prepare to meet the demands.
"\Ve cannot escape our obligation to educate our young men and young women on the plea of poverty. The U. S. Census reports show that Georgia has a wealth of 2,300 million, as compared with Florida'& 1,000 million, Virginia's 2,200 million, and Korth Carolina's 1,800 million.''
If it is expected that the boys and girls of Georgia should have an equal chance with those of other States, the heretofore niggardly policy toward these institutions must be terminated and adequate funds given them.
Under the old tax methods, such funds cannot be provided. They can easily be provided, and without a burden to the tax payers, by a changed system.
The needs of the University and the State College of Agriculture are not greater than those of the Georgia School of Technology; and if anything, the needs of the State Xormal School at Athens are beyond those of not only the institutions mentioned, but of any other State educational institution.
It would consume too much space to here set out the needs of our sanitarium for the Insane, the Home for the F:eeble-minded, the Tuberculosis Sanitarium,

SATURDAY, JuxE 25, 1921.

81

the Boys' Training School and that for the Girls, etc. The Asylum should be completely reorganized, but little or nothing can be done until funds are available.
The General Assembly of 1917-18 created a Tax Commission, the report of which Commission was submitted to the General Assembl~, of 1919-20 at its first session. The report of this Commission can be found in the Senate Journal for 1919, page 422, and the House Journal for 1919, pag'e 375.
This Commission made an unusually thorough and exhaustive study of the intricate and complex question of taxation. Xine out of the ten members of that Commision concurred in the majority report. This report shows that other States have failed to raise adequate revenues under the ad valorem syst<>m of taxation similar to that which we have in Georgia, and because of the impossibility of devising under that system any kind of tax machinery which would succeed in realizing revenues from intangible property.
I see no valid objection to the plan embodied in the majorit~ report. If interested in the views which I entertain on this subject, they can be seen by reference to my several messages to the General Assemblies with which I have served during the last four years. I dealt extensively with this tnatter in my first message to the General Assembly of 1917 and more in detail with the specific recommendation of the Tax Commission in my message transmitted to the General Assembly on July 6th, 1920 (Senate Journal, page 146; House Journal, page 273).
It is considered unnecessary to repeat here.

82

.JoliRXAL oF THE SENATE

Eminent tax authorities, tax exp<'I'ts and those who luwr given the matter thorough ilwestigatiou, unite, without, I believe, one exception, in condemnation of the ad valorem plan of taxation.
Dr. Richard T. Ely, of \Yisconsin, a recognized authority on taxation, sa~s:
"'l'hc <mr uniform tax on all property in direct taxation nrver has worked well in any modern commui1it~ or State in the ciYilizrd world; though it has bern tried thousands of times, and although all the nwntal resources of able men have been employed to make it work well.''
And the Tax Commissioner of \Visconsin says:
"It has broken down and bcC'n an absolute failure.''
The ~fassachusetts Tax Commission's report contains this statrment, in condemnation of the old system and in commendation of that recommended by the Georgia State Tax Commission:
"Since 1798 no further attempt has been made in England to ley~ a gcneral propert~ tax. In most of the other countries of Europe the result has been the same-now almost obsoletr.
"Modern tax systems are based upon the principle that it is necessary to discriminate between the various classes of proprrty and business, and emplo~ different methods and ratrs of taxation in draling with tlwm."

SATL'RDAY, .JL~xE 25, 1921.

83

In 1914, the Xehraska Commission says:
"'Yith the economic development of the country, the rise of corporations with their issues of vast amou:1ts of securities, the growth of the credit system, tlw multiplication of wa~s of securing an income with little or no use of property and with the expansion of State functions and the demand for increased public re\'eime, the general propf'rty tax has become wholly inadequate. Scarce!~ a tax commissioner or writer of repute on tax matters within the last quarter century has discussed the general propcrt~ tax without condemning it under present conditions as wrong in theor~r and pernicious in practice.''
In 1918, the ::\Iississippi Tax Commission reports:
"'ye have had occasion to examine the re-
ports of man~ special commissions appointed by various State Legislatures during the last few years for the purpose of investigating the question of taxation and revenue, and without exception sueh commissions have reported that the general propert~ tax is a failure. Hundreds of commissions after exhaustive investigation have reported that the principle that all property, irrespective of kind or class, should be taxed equall~ and uniformly, is unjust, unsound, inadequate and inefficient. The experience of Mississippi is not peculiar. All other States where this tax prevails report that its operation is unsuccessful.
''All the countries of Europe, with the exc<>ption of a few cantons of Switzerland, ab:m-

84

JouR~AL OF THE SE~ATE

cloned it years ago. Already many States of

the Union have repudiated and abolished it. It

has sinned away its day of grace, if it ever had

one.

No self-respecting people ought

to permit the present inequality and inequity

to exist after they have fully understood the

matter. The fault is not so much in the ad-

ministration of the law as it is inherent in the

law itself."

In the report of the Special Tax Commission of l\[ontana, created by the Legislature of that State in 1917, an eminent American authority on taxation is quoted as saying:

''Practically, the general property tax, as actually administered is beyond all peraclventun~ the worst tax known to the civilized world. It puts a premium on dishonesty, debauches the public conscience. It reduces deception to a system, and makes a science of knavery; it presses harder on those least able to pay. It imposes double taxation on the one, and grants entire immunity to the next. In short, the general property tax is so flagrantly inequitable that its retention can only be explained through ignorance or inertia.''

In a recent article by Dr. J. H. T. McPherson, pro fessor of Political Science of the t:niversity of Georgia, and himself a member of our Tax Commission referred to above, the following statement is made:

''The most conspicuous example of an effort of this sort (to collect taxes by stringent laws under an ad valorem plan) is found in the State

SATURDAY, Jmm 25, 1921.

85

of Ohio. For many years the State authorities engaged in a relentless campaign to 'enforce the law.' Penalties, fines, imprisonments were imposed upon the hapless tax payers. A small army of secret spies, 'tax ferrets' they were called, stimulated by heaYy commissions, was employed to unearth concealed property. But all in vain. Millions were indeed discovered and put on the tax books-temporarily. But the next year they would be gone-into secure hiding or out of the State. It is said that in one year New York received an influx of Ohioans equale to the entire population of Cleveland.
''The net result of this exhaustive effort is summed up in the report of a recent Ohio Tax Commission: 'After more than fifty years of experience, with all conceivable methods in the way of inquisition laws, severe penalties and criminal statutes designed to force the owners of moneys and credits, stocks and bonds, to put their holdings upon the tax duplicate, not only is the percentage of such property less than ever before, but public sentiment seems to be more and more approving evasion of the law."
''These conditions are not peculiar to Georgia. They exist wherever the general property tax is in force."
There are very few who have studied the question of taxation who favor a continuation of the old ad valorem system which we have, and these few, I believe without exception, admit that it is necessary

86

JouRKAL OF THE SEXATE

that a change in our machincr~- for the colleetion of taxes must be made. In other words, all admit that something must be done.
Therefore, I urge that if ~-ou should not adopt the plan recommended in the majorit~- report of the Tax Commission, you should adopt the plan embodied in the minority report suhmithd h~- the one dissenting member of the Tax ConuuiHsion, or the plan achocated and suggestl'd h~ our Comptroller General who has had long experienc<' in tlw practical administration of the present tax laws of this State, and who can certainlr he relit><l upon to suggest methods adequate to the demands of tlw hour, if, under this plan, it is possihle to devise changcs that will be adequate. But I repeat, sonwthing should be immediately done.
There should be either a complete change of our tax methods, a revaluation of the propcrt~- now on the tax books, the constitutional tax limit inereast>d, or some other plan adoptt>d.
If I were permitted to select the plan, I would unhesitatingly advise the adoption of the Constitutional amendments embodied in the majorit:v report of the Tax Commission to which you have already been cited.
I again recommend a Constitutional budget system. It is probable that the executive budget plan has some features which makes it pr<>fcrnhle to other plans. But it has been my thought that the plan embodied in the bill which I drew and which was recommended by the Budget an<l Imestigating Commis siou and submitted to your predecessors in the re-

SATURDAY, JrxE 25, 1921.

87

port of that Commission for 1919, and which is again endorsed and set out in the report of the Budget and Investig-ating Commission to you at this session, will in ever~ way meet our demands.
This hill provides that after this Commission has devoted the time necessmT to an intelligent understanding- of the needs of the State's agencies, departments and institutions, and has recmnmended an apportionment of the State's revenues for these purposcs, while itcms so recommended ma~ be decreased or omitted under the usual rules of the General Assembl~, the amount of no item may be increased except upon a two-thirds vote of the membership of each House of the General Assembly present and voting, provided that such two-thirds shall constitute a majority of such memberships.
This provision is ver~ similar to one in the Constitution of the Confederate States of Amcrica.
It is a necessar~ provision to give the work of this C'ommissi01i before ~our bod~' that standing to which it is entitied. This pro,ision is also in the interest of protediug you! membership against the solicitations and importunities of those who seek appropriations, and tends to enable such matters to be settled upon merit alone.
This provision is not a limitation on the authority of the General Assembl~- in the matter of appropriating the State's funds. It is simply a sensible, reasonable and business-like regulation of the procedure h~- whieh appropriations are to be made. It must he recalled that the General Assembly has no unlimited power in this rc>sped, as the Governor, by

88

JouRXAL OF THE SEXATE

the exercise of the Yeto power, can over-rule the wishes, with reference to matters of legislation, of any number of RepresentatiYes in the Lower House less than 132 and any number of Senators less than 34, so that under the provision of the Constitutional amendment providing for the creation of the Budget Commission your body will be placed under no further limitations than now.

l\Iembers of your body would have the balance of power on the Commission, while the minimum membership authorized to increase any item recommended, 100 in the House and 26 in the Senate, as now constituted, would suffice.

This provision would give to Georgia one of the

essential requisites of a business budget system. It

has been written into the laws of other States, and,

after trial, has been found satisfactory. It is hoped

you can approve this plan for submission to the judg-

ment and wisdom of the people of this State, whose

representative you are, and who can well be trusted

to say whether or not this is a wise and expedient

regulation to safeguard State expenditures and in-

sure their wise use.



I desire also to endorse that provision of this suggested Constitutional amendment which requires that no other appropriation bill shall be considered until the General Appropriation Bill has been finally acted upon. During my tenure of office, the General Appropriation Bills have always been deferred and finally put through in the last minutes of the session, and hence have come to the Executive Department for consideration and action only after the adjournment of your body, and when to withhold



SATURDAY, JuxE 25, 1921.

89

approval of any item of consequence therein, would necessarily entail upon the tax payers of the State the expense of an extraordinary session. To delay the passage of the General Appropriation Bill until special appropriation bills haYe all been passed upon, must inevitably result always in the passage of special bills without any regard whatsoever to the State's ability to pay. It is unbusiness-like and unsystematic.

The benefits that will accrue from the adoption of the plan embodied in the Budget Bill submitted, will be so apparent-if it is once put in practice-as to cause us to wonder that the old plan was ever permitted to exist.

Further, let me commend that provision in the last paragraph of the suggested Budget Bill which says that no special appropriation bill shall be enacted, should the amount therein carried cause the total appropriations for any year or years in which the same is to be paid to exceed the total revenue as estimated in the report of the Budget and Investigating Committee, unless such special appropriation bill shall provide the revenue necessary to pay the appropriation therein.

The adoption of this will inevitably result in fo-

cusing the mind of the General Assembly on the

amount of the State's re,enue and the source from

which it is derived, instead of permittii1g it in mak-

ing appropriations-as has heretofore been the case

-to think only of the great needs of the State and

its institutions.



If this Budget Bill should be adopted, Georgia would never again be confronted with the situation

90

JouR~AL oF THE SE~ATE

which meets you at the threshold of your deliberations at this session.

It is sometimes suggested that the exercise of the veto power by a Governor would, if applied, result in practically establishing a budget system. To this suggestion I cannot assent. Xo matter how well understood it may be that an ~Jxecutivc will compel, hy the usc of this power, an adjustment of expenditures to assets, the prcssun' for sufficient appropriations will be such that the~ will inevitahl~ in too man~ instances, go be~ond rc,:cnues, and usually it will be found that such appropriations are of such merit that it will be difficult for an JiJxccutive to determine to which he should apply the veto. And there are also other difficulties which nm~ well he illustrated by an examination of appropriations added hy the ] 920 Assemhl~-, amounting to $861,066.37. (See Comptroller General's Report, 1920, page 12.) Small amounts as follows were passed:

To meet salary inerl'ases largely to \"<'1'.\' poody paid

nwmhers of our judiriary ...................... $ 10,426.:H

As a deficiency appropriation to the (lporgia ~'l<hool for

the Deaf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,;j00.00

~imilar appropriation to the State Tuht'I"<ulosis Snni-

tarium ....................................... . :!0,000.00

To Lt'gislative Committel's ....................... . :j,OOO.OO

To Spl'cial lnYl'stigatin~t CommittN' appointt><l to in-

n:~stigate <'hargt>s a~tainst the HtatP Vl'tPrinarian ..

;,;)00.00

To the Agricultural DPpartml'nt for anal~st>s in eonn<'C

tion with cht>ck of the boll weed! ............. . 5,000.00

To Pensions ... : . ................................. .

640.00

To deficieney, Pl'nsions and OrdinariPs ............ . 25,000.00

And including only two large appropriations, Yiz:

(a) a defidenc~ appropriation for thl' maintenancl' of

the Statl' Sanitarium of ...................... . :lOO,OOO.OO

(b) and to Pensions under thl' Constitutional Amend-

ment which was passed by the pC'ople in 1918 .... 4i5,000.00

$861,066.3i

S.nTRDAY, JuxE 25, 1921.

91

'Yhich one of these should have been vetoed, or would an }Jxecutive feel authorized to veto f If the veto should not be applied to the deficiency appropriation to the State Sanitarium and to the sum appropriate-d to pay pe>IIsions authorized by the people under the Co-nstitutional amendment of 1918, whatever might han~ been vetoed would have been wholly inconsequential.
Practically all of the $9,943,999.32-deductingtherefrom, of course, the $861,066.37-appropriated at the 1920 session of the General Assembly was carried in the Ge-neral Appropriation Bill passed in 1919.
This bill was passed in the closing hours of the General Assembly at its 1919 session and did not reach the Governor until several days after the adjournment of that bodr, thus pre-senting these alternatives:
(1) The veto of whatever appropriations were made in their entirety (no scaling or reducing in part is possible) and thus denying to some departments or institutions any appropriation whatsoever, which, of course, would almost certainl.\ hme necessitated their suspensron; or,
(2) An extraordinary session of the General Assembly, which, although it might be convened for the shortest period necessary to transact even a minimum amount of business, which we shall imagine it would most expeditiously transact, would cost the tax payers, at a minimum, approximately, $25,000.00; and an additional $2,000.00 for each day thereafter.

92

.JoURXA'L OF THE SEXATE

But, from an inspection of the diagram submitted herewith showing the total amount of appropriations authorized and the percentages of distribution to the several departments of the State and its institutions, could there ha\e been any considerable saving had f L nless there was some reduction in the 40.2% of appropriations for 1920 to the support of the public schools of our State, or to the pensioners of our State, who received 17.5% of the total appropriations for that year, any other saving would have been a mere bagatelle.
Those familiar with the devotion on the part of the members of the General Assemblies to the education of our children, and to our veterans, readily recognize the difficulties, even if the veto should be exercised.
It may be interesting to know how the budget system has been found to operate in those States where adopted. This can readily be seen by the following excerpts from statements made by Governors and budget officials :
The Governor of Ohio says:
''Having operated the State financial system on the budget plan since 1913, I do not know how we could properly manage without it. The expenditures of the State arc placed upon a scientific basis, through which untold saving has resulted. The legislative finance conunittees have for their guidance the carefully estimated needs of all departments before any appropriation is made. * * * *' "'

SATURDAY, .TcxE 23, 1921.
The GoYernor of ::\Iaryland says:
"It would be a long story to tell you why we adopted the Executin Budget System for Maryland. Brief!~-, we found that a budget prepared by the Governor after hearing from the differcut departments could be more accurately and expcrtly yncpar "<1 th<m one which is hurriedly prppared b~- a hgislatin bod)-. It has worked fincl~- in ::\[a ryland."
The GoYcnwr of Xcw :Mexico says:
''The budget aet here was adopted because of the realization of the inadequacy of cheek on public appropriations and expenditures under the old system, "hich left the appropriation bill until the last hour of the legislative session and its contents unknown to any but a few members of the Legislature before final passage.''
The GoYcrnor of "'Wisconsin says:
''The first budget used in this State was presented to the Legislature of 1913. Prior to this time our fiscal affairs were in more or less of a chaotic state. In many instances no limits were placed upon tlw amount of money that departments might spc11<l. .:\ ppropriations were scattercel throughout our statutes and session laws. Appropriations were cYcn duplicated, departments haYing as man~ as three appropriations for the same purpose.
''The budget plan has put the entire financial affairs of the State of \Viseonsin upon a sound business basis. It enables the Legislature to

.JorRXAL m THE SEXATE
consider a department's needs in an intelligent way and requins the <lepartnwnts to present facts to back up their hudg-et figures.
"1'he bud[Jd sysf<'lll has also do11e cumy zcith deparfme11tal lobb,IJill,f/. In preYions years during the legislatin' session dPpartnwntal work was more or less at a stawlstill until tlw HPeessary appropriation nwasuns were L'IHtetccl. X ow, the dPpartnwnts pa~ no atteution to the working of tho Legislatun. 'l'hey are ealled before the Finnnee Committee wlwn their budgets arc considered. After the l'inancc Committee has passed upon tlwsP, hills take the proper course in the Legislatun and rPquin 110 clupartmcntal watching.''
The GoYernor of \\yashiugton says:
"Personall~, I lwlicYP that a State organization ought to be opPratP<l mHlLr a hudgPt system.''
The GoYcr11or of ( )klahoma sa~s:
''I helie,e in the huclgPt systPm to the extent
that I woul<l lik<' to se<' it a part of our ~Hate Constitution alHl made mandatot~. Business goyernmcnt, wlwn the tstimahs an made and are made with iHtPlligPlleP so that tlw Pstimated amount will he rai~wa within a eertaiu tax Jty~, renders efficiency and jm:;ticL' to the taxpayers.''
The GoYcrnor of Xe" .J<rs<'y sa~s:
"This is the sNm:d ~L'ar of the budget policy and the first year undLr m~ supelTisiou. The wisdom of the s~strm cannot he disputed.''

'l'he GoYernor of .:\Iaine says:
''The hudgt>t is intended to hl'lp the people exereise, through tlwi r ehmwn rPpresentati,es, the right to <'olltrol the puhlie purse, to determine what work shall he tlo11e h~- the State, and how nmeh shall he pai<l for it.''
Th<.' ( 'hnirman of tlw State Board of Control, California, says:
"Tlw hn<1g<>t l'PCOllllll<'lldat iom; of tlw State Board of ( 'ontrol and the ControllPr, presented to the Lt>l.d~ilaturC', as a study of th(' Heeds of thP Stah' dPpartnwnts and institutions, hcwe lH'<'ll of lwm,fit in that th0~ pr0scmt figures fpu11ded upon lll'<'Pssit~- and eliminating the old hit-a11cl-miss s~sh'm. * * * *"
'rhe Budgd ( 'onnnissio11er of Ohio, sa~s:
"Prohahl~ tlw fl'aturt> of the budget system which commt'lHls itself most to the pC'oplc of the State is tlw o11c h~ Yirtuc of which it seeks to a\"oi<l all eo11fusioH alHl put the statistics of State fiuanee in the open.
"I might \\Tite much mon regardiHg' this, but
think tlw faet that no moYc has eYer been made h~ eithPr part~ or 110 suggPstioH h~ a responsihll' public offieial that tlw old system he returned is suffieit'llt e\ideHce of the apJnoyal of both parties .
"The s~shm eommencls ihwlf to eonsctTatiYcs and radicals alih', beeause at a small expense it enahleR thPm to k1l<n\ what iR happening in reganl to tlll'ir puhlie finauees~"

Jot:RXAL oF THE SEXATE
The Professor of Political Science, UniYersity of Cincinnati, says:
'"fhere is no more important reform than the installation of an adequate budg-et syshm in our State g-onnmwnts. Onl~- in this wa~ ean the affairs of g-oYen:nwnt h:: rondurted effieiently, Pconomicallr and in a wa~- to permit of an ordtrl~- <lPYdopnwnt.''
The> Profrssor of the \Ycstem HlSel"Yl' r11in>rsit~ says:
"Xo siugh clumg-r \r<mld aid so larg-l'l~- to hoth dtmoerae~ and effieiPue~- as tlw introduetiml of proppr hudgPt methods."
Tlw r0port of tlw -:\firhigan Bu<lgLt Commission of
lnquir~-, sa~s:
"\re know of no poli t ieal rconomist of repute
who dors not achoeate a proper budget s~stPm of fiJHlll('illg' go\cnmwnts. Xoted autlwrifies
on public finaurP arP practically a uuif -in condf'nlllin_q fliP 'lo,rJ-I'ollin,rj' system of l'ofiH,rJ all'a!f fhr JWO]Jlr's 111011(',11 and in lll'.fJill.fJ as a prilllf' rsSf'llfial to ~'ffici,.nf and erono111i('((l lJOI'f'l'lllllf'ld thf' adopfiou of mrul,.ru bud.fJPfary }JI'OC('(lun."
l eanuot too strong!~- urge the ne<>d of m1 H<ltqnatc audit of the millions of dollars spent by our State goYemmcnt. The Gonrnor should be authorizrcl to appoint an officer, whose duty it should be to examine annuall~- tlw aecou11ts of l'll<'h and CYPI'). State dP}Hll'tment and institution. I do not kno" that an~ moil<'~- iH lwing misused or misapplied under our present system. It could be. By such au offieer a

S.\Tl'RilAY, .Jc~E :23, 1~!:21.

HI/Hi
n;:;
J 1/l!l

) UHHantf'd UH'n
J>a u I .J on!'s \\'allan Baynes

11;::11 wesley Enrl'tts

Charge not reportc<l. Hapc>. Killing man assisting Ill attl'm]t to arrc>st him. :--;hooting antl 'Younding a n1an.

1~/~1 Charles \\'est

Killing plantation ownPr.

1920

:l/~ Cornt>lius AIPxander .Jumping labor eontrad.

G/~1 Phillip (;aithrs

Hap a11<l :\fur<kr.

.:-\i<li11g t'ugithL' to l'~<apC', who

ha<l \\'OliiHlecl his lnlHllord.

!1;~.; {'nnamc>d man

Shooting landlord in a <lispute.

William l\ory

llnp!i .. atP<l in denth of plantt>r.

11/IR \\"illinm Pc>rry

\\'ife of Wm.

Perry

11/:!:1 Cnrle~- :\I.-J(,hcy ('ompli!'it.' in the killing of

planhr.

11;:10 l'nnamc>d nwn 1921

Hnrc>.

1/:! .TanH'S Holancl

Shootin!! an<l fatally wounrling

whitt> planter.

1/G Samuel \\'illiams ( 'hn rg<' not r<'port!'<l.

~/]() John L. Ebnhardt :\Iurcler.
::n \Yilliam Andt>rson Hl'latin rq10rtc>d to ha\'p shot

ofli<-er. X o sp<rifi ehargl' against

A1Hlerson c>xrept was on roa<l

with gun an<l was rplatin of man

who did the shooting.

G.'S .Tno. Henry Williams Htm!Pr anrl rnpP.

This mahs a total of 58, all mgroes. In 1917, there were iS lynchings; in Hl18, 18; in 1919, 21; in 1920, 9, and so far in 1921, 5. Less than mw-thinl of those put to death wen charged with rape, or attemptPd rayw. I think this data ma~ hP accepted as fairl~ accurate.
The abow list "as taken from tlw newspapers. I assume that thP accounts wPrc accuratP, and at least I haYc scc11 110 clP11ials made.

.Jonc\AL OF TliE SEXATE

:~~~~ ;)/!.~
.)/l!l li/lS
;)/~::
~~~4

~pC'lH"l'l" E\"(UIS
\Yilliam liPa<l, 1\'m. Thompson, Hayes Turner mul EugPne Hiee ~Jar_,. Tunll'r Chime RilPy .Jno. II. William~ ~in1on :-:;<1nunan and :l uni<hntifit'<l npgro('s. .TamPs Cobb 8i<ln<'~- .Johnson John (~lhoun

S/11 !r;:l !l/:!4 1919 4/1:1

Isaa(' Hanp~ ,John Gillham Han<ly Hta YC'S
William Williams

;)/2 1lPnny Bro"n

.)/]()
;)/:!;) 8/1 S/;}
8/H
8;'~7
!l/6 !l/:!:!

.TamPs WaltPrs Bprr_,. \\'ashington Charks Kt'lly rni<ll'ntifip<] <"olorP<l n1an Tam<'S Grant Eli ('ooppr Obc Cox Ernest G1em\"OOtl

10/;) ~roses ~[a din

10/li J0/1

.Tack Gor<lon \\'illiam Brown Eugene Hamilton

Hapt. ('ompli<it~ in a ntur<ltr an<l :tllcgtcl assault.
:\laking rcmarks ahout 1yndling of htr husband. ('"m]'iieit~ in a mtmll'l'. Hap. and llllll"df'r.
( 'ompli<it~ in a murcltr ant!
a~IC'gld a:-;:-;ault. Killing a planttr in a <lispute OY<'l' a farm <"Ontrad. Hapf. Hape. Rape.
.\lltgccl ]':trticipation in dash l)('tWt'PII nq:Yots and ofli<-pr~ of the hn,. Killing wifp ati<l wouti<Iing 4 nH'tl of J>OSSP. Atll'III]'IPcl r:lJ><'. 1\:illing 1nan. ('barge not gi\tn. ~Ial<itg rpm:trks about ('hicago rat't' riot. Alkgt<l shooting of two mtn . .\lkgPcl Iti<'Pncliary tall<. ~Turcln ant! rapP. ('ir1ulating in<PrHliar_,. propagn11<la. ~faking 1oastful I'Pmarks about anntlu:r ll(gro shooting- offirf'r of Ia\\. ~f i~dPad j llg' llll'lll hPl'S of lllOh s('ar<-hing for .fa(k Gnrllou. ~hootin.~ olli .. ers of law .
:-\tntPnzP<l for l 0 ~-ears for attPmpt on life of farnwr. A pJH'a 1 taken; was hPing remoYefl.

SATURDAY, JL"XE 25, 192L

99

uniform system of accounting could be established and a general purchasing plan, also greatly needed, be developed, and by which the State would be saved large sums.

I realize that there is, and justly, a prejudice against the creation of a new office, but there should be no objection to the employment of a general as well as a school auditor on a salary, the amount of which would certainly be little more than is now being paid annuall~ for necessary audits.

)fob violence should be suppressed, and by State authorities.

If this is not done, it is very probable that Federal intcrnntion will not be long delayed. There are now pending in the }i'ederal Congress bills confer-
ri ug jurisdietion upon :B'edl'ral tribunals to punish
those participating in lynchings. "'Vithout awaiting Federal action, I submit that it is the duty of Geor-
gia to take drastic steps to deal with this question.

Since my induction into office, on the 30th day of June, 1917, the newspapers have carried accounts of the following lynrhings:

DATE

PARTY

1917

!l/18 Rufus l\fonerief 11/!l Jesse Slater

11/17 Cullins Johnson and D. C. Johnson
12/15 Claxton Dekle

1918 2/18 "Bud" Crosby

CHARGE
Rape. \Vriting insulting letter to young woman. Disputing white men's word.
In alter~a.tion killed one man and seriously wounded two others.
Assault to rape and stealing a baby.

100

Jol:"RXAL OF THE SEXATE

It sometimes happens that lynchings occur, no account of which appears in the press. Indeed, it has been charged that the influence of the mob in some instances has heen such a~ to prevent any information of these occurrences being given to the world through such channels.
From sources which so far as I know are reliable, I have information regarding other lynchings not ineluded in aboYe list.
Georgia sometimes stands at the head, and always high ou the list among the States of the L"nion in this practice.
"While we luwe had fifty-eight victims of mob Yiolence who were not accorded a trial under the law or lynched after trial, we lwvc hundreds who participated in these murders who have never beeu brought to justice, and in many cases no effort whatsoeYer made to apprehend or punish them.
There are many instances of outrageous l~nchings that could be prevented. Certainly there are instances where the perpetrators of such crimes could be, if the matter were properl~ investigated, brought to justice.
\Vhen information of impending mob Yiolence is brought to the attention of the Executive, he should not be handicapped by having to await a call for military assistance from local authorities, but should be authorized, and indeed, it should he his duty, to see that officers get in immediate touch with the situation and take whatever precautionary measures are advisable.

SATURDAY, .JexE 25, 1921.

101

The financial condition of the State will not now permit, but as soon as that ran he changed and adequate funds prm'ided, a State Constabulary should be established. Such a Constahular~- should be subject to the orders of the Chief Exerutin, not onl~- in rases of emergenr~-, but for the enforcement of all the State's crimin_al laws. Much could be clone by a Governor through this agenr~- to rherk all forms of crime, and especiall~, could the violation of the prohibition laws be greatl~- curbed. Such a force could also compel the payment of automobile license fees and thus increase the State's revenues. :\fan~ sheriffs are wholl~- derelict in their duties in this respect. The law establishing such a police force, should, of course, guard against its becoming a political machine in the hands of the Executive, hut this ran be easil~- accomplished. l\fm1~- of the other States have alread~- established such Constahularies and where so established they han been found efficient and wonderfull~, helpful.
After a mob crime, some official should be eharged with the definite and specific dut~- of ascertaining as
to whether or not the peace officers of the conummit~'
in which the crime was committed ha,e fully performed their duties. Such peace officers should be accorded a full and fair hearing; but in the event it should he> ascertained that the~- were d<:>relirt in the discharge of all duties which th<:> situation imposed upon them, they should bE> suhjE>ct to immediate removal.
A method should he provided \\hereb~- a State grand jur:, that is, one composed of citizens selected from all sections of the State, under proper rules,

10:2

.JocRXAL OF THE SEXATE

regulations and safeg-uards, and aided and assisted h~ a specialJ!rosceuting atton1c~, might make a full and eomplete innstig-ation into the crime, and haYe authorit~ to return presentuwnts against those participating in tlH moh Yiol<>nc<>. 'rhose thus indicated should he tried at sueh a vlacL' as would he most cml-
duciYe to the asc<>rtaining of tlw truth, and hLfon. a
traYersc jur: like"i~w Llnnrn from the eutire State. \n1ile this is drastiL, still I submit that the uature of tlw offense agaim;t tlw sonreignt~, rwace, order and dignit: of th<> State is such as to wanaut those measures.
I haYe concluded that then is little reason to e>xpect count: gnmd juric>s all{l local officc>rs to adequately de>al with tlw mob nmrclers of their communities. The~ an too uunwrous.
The practice of crLating 1ww countic>s should be discontinued. Oc>orgia al read: has too man~. X o other State except Texas ('rhich is more than fin~ times as large as GPorgia) has as man~. Yirgiuia stands next, 'rith :Z:2 counties. Statistics show that b: far the largc>r 1mmher of lynchings oc<ur in the> smaller counties.
Tlw exrwnse of this c>ntire proc<>eding should undouhte<ll~- lw tax<'<l against tlw count~- in which tlw occmT<>nce took placc>, if, after inYPstigation it should be found that c>itlwr thP officPrs or citizens
of such count: part iei pa ted in, <'ncon rap;t>d or 'i1: au~
"a~ fail<d to do their full dnt_,. for the> snppnssion of such Yioh-'nc<>; othPrwise, such <>Xp<>ns<s shoul< l be paid from tlw public tr<>asnr~.
The GoYPrnor should lw ginn authorit~, tPmporaril~, aft<>r such im<>stigation as ma,\ he d<'Plll<'d h~

10:~
that official lleecs~ar~-, to rC'moYe an~- Sheriff found derelict ill tlH' rwrfornumee of his duties, not only with res1wet to protecting prisoners, but as regards an~- failme 011 the part of that official to properly discharge the dutil's of his office. Also, there should be some proYision nuHlt' whPr<'h~- the ( 'hief }~xeeu tiw of the Statl' eould nmon' slwriffs and their deputies for au~- }J<'l'S<mal miseoll(luct whieh is nH'ompatible with tht' position said offieial holds.
L~nchillg and its l'Yil consequPnces han~ ht't'n discussed b~- some of m~ }H'cdeeessors.
In his messagt' to the GPneral Ass<-mhl,,- of Georgia, on October 2(), 1HH2, GoYernor :Korthen said:
"I regret that the IIN'C'ssity exists for reeommendillg the passage of mon' stringent laws for
tlw proteetim1 of human lift. ~ * "~ '!
"\Vithin tlw lm;t yl'ar, in this Htatc, persons eharged with erimes haYe heen arrested and lodged in jail. \Yhib thus ill the custody of the hnY, bodies of flawless men haYe eompelled the surrender of tlw prisoners and summarily exeeutcd Yengeanl'l' upon thPm. These self-constituted juclgPs all(l l'Xl'tutiomrs arc mon than murders. They han' not only taken human life without authorit~- or exeusC', hut the~- have put before tlwir f<-llow eitizens an example, which, if followed to anr extC'nt, would sp('cdily end in the disl'wlution of so('i<-{\ itself. It becomes the Gelleral .A SRl'mhl~- to eonsidPr and proYidc the propl'l' nm<'dy for thiR l'Yil hy legislation.

104

JouRXAL oF THE SExATE

''I woul(l respectfully suggest, first, that the powers of the sheriff be more clearly defined and that his duties be emphasized by proper penalties for neglect to discharge them.
'' \rhen a person is under arrest in the custody of the sheriff, it is the duty of the latter to protect him absolutely from molestation or bodily harm. ~;, *) * Should he fail to discharge this duty and personal damage or loss of life result, let his sureties respond in damages to the prisoner, or if the prisoner be slain, to his heirs. The sheriff himself should be punished by fine and imprisonment, and suspension or dismissal from office. *' *' ~, *
''I commend this whole subject to your earnest and intelligent consideration, satisfied as I am that no more important question can engage your attention during the session.
''Surely your coming together were worse than idle and the "hole machinery of justice a hollmv and expcnsi,,e mockery, if your will, after being crystalized into solemn statutes, to be read of all men, can be condemned and trampled upon.''
In his message to the General Assembly of Georgia, on October 23, 1895, Governor Atkinson said:
"This (lynching) is wrong. It sacrifices the good name of our State in the eyes of the civilized world, the good opinion of which should he desired by all. These mobs, by violating the law, create a spirit of lawlessness and indirectly increase the very crime which they seck to sup-

SATeHDAY, .re~g :25, Hl:21.

105

press. In sen~ral instancts the parties lynched in this State han bcc1t- takt>n from the hands of officers and most brutally, cowardly, and inhumanly treated. Such conduct cannot be too seYNely eondcmned. In my opinion it will be wise for the Geneml ..Assembly to enact a law providing- that wheneYer a person is taken from the hands of officers and maltreated or murdered, that the GoYPrnor be authorized to remon from oHicP tlw mun from whose custody he "as takpn, that the administrator or the family of the deeeased shall ha\e the right to recover from the county tlw full ntlue of liis life. The State has no right to permit its officers to take eharge of a man, render him powerless to protect himself, and while in this helpless condition in the custody of the StatP to be taken by an arnwd mob and maltreated or murdered. In all such instances their legal representatiw should hav~ redress in the courts, with right to sue in any county adjoining the one where the offense was committed, and the Governor should be empowered, in his discretion, to remoYe the officer.
''Such provision would make more active our law-abiding citizens in suppressing lawlessness and cncouragi11p; all of our people to resort to the courts for tlw punislmvnt of the crime, even where tlw offense charge<l is the most brutal, the most dastardly and the most heinous. In each of these instances mentioned the party lynched has been a negro. \Vhat excuse ran be ginn for this conduct when our race has control of the Legislature and of the courts, furnishing both the judg<'s and the jurors. No whito

JOG
man should insist upon tlw infliction of punishment in a casP where lw is unwilling to Pntrust the trial to tlw most intelligent and upright of his ract'. lf a fair trial cannot be htul lwfon these in a court of justict', how can ont' lw justl~ and fairl~ had h~ a raYing moh?"
I submit that ~on couhlnot render a gnattr scrYiee to the peoph of Gtorgia than h~ the l'Haetment of some laws that will stop this crinw, which is tlw one great blot upon our eoimnonwt>alth awl which raust'S Georgians who Ion' justice and who han a pride in their Btate to hang tlwir heads in shame. 'Ye cannot console oursPlYcs \\ith tlw stahment that Georgia is no worse than other States. The n'cor<l in this rPspect is against us.
As GoYernor Atki11son says:
"Xo white man should im;ist upon the inti ietion of punishment in a ease where he is um\illing to entrust the trial to the most intelligent and upright of his race.''
If we do, we den~ the Yiet im the protection of the law which we hcne made; a trial in the court which we haYe established, oYer which a judge of our own selection presides alHl in whi<h only our own race seiTe as jurors, and Yiolah tlw law whieh we haYe made and defy the courts which we han Pstahlishctl.
And again GoYemor Atkinson, in a nwssage to the General Assemhl~, in 1897, says:
"The frequency of such occmT<'llCPs (l~nch ings) within tht' last ft>w ~<ars is cnlcnlatPd to alarm eYer~ citizpn who rt>alizes tlw dreadful

s.\'lTmur, .rL:\E :2:>, 1D:21.

107

results to wltieh it hads, or the enormity of the crime against human rights, go,ernment and eiYilizatiou. To llLnominatc these offenses, lynchings do not make tlwm less lawless or barbarous. It is an nttaek upon goyenm1cnt itself - a roufliet hehn~eu tlw for<'<'S of anarchy and law. It is fuudamt>ntally wrong, because it defies goYcnmlPnt, ignons law and punishes without la\\. or ('Yid<.nrt-. ~C ndPr our g-oyernmcnt, laws are made and mnnad<.' at the will of the majorit~. If tht-re Hl'(' umdsP laws, the people ean nppal, if a HePd for mw, the rwople can enact. Any org<miZL'(l P1fort to S('t at Haug-ht our laws and punish crime without and in defiance of thP la\Y is itself criminal. It is more than criminal. In its Yen PssencP, it is treason against tlw ma;jorit~- and ag-ainst gon~rn
nwnt. * * * *
''I am dPP})ly C'OlH'Pl'lletl for a remed~ of this
e\il that WP mn~ saYP from gguilt the men who engage in it, and protect tlw innoce11t, who arc too often sacrificPd. * * * *
''I feel the more dPt-ply upon this question be-
cause from the hC'st information I can secure, I helicn' that during m~- a1lministrntion there haYe heen in this Statt s<.>nral men lynched who wNe not guilt~- of the crinws with which they were eharg<><L How num~ can ncnr. be known, for their tonguPs an' hushe(l, and they are denied an opportunit~- to proYe their innocence.
T am infonn<><l that onr man whom the mob be-
liend to be guilt~-, was shot do"n. A question arose as to his idt>ntit~, and he was salted clown

108

.JoenxAL OF THE SExATE

like a dog, shipped to the location of the crime and found to be the wrong man-an innocent man.
"\Vhcu au innocent man is lynched for a crime it se1Tcs to protect the guilty. The members of the mob, their friends, and sympathizers seek to impress it upon the connnunity that the right one has been punished and the guilty goes unsought and unsuspected. Even during this year, evidence has come to light, showing that in several States victims of the mob have been innocent men. During my term of office, one man, who was rescued from the mob, was accorded a trial which resulted in showing that he was not guilty of the offense with "hich he was charged. Another fled from the mob to the Executive office and asked for protection and a trial by jury. They were given him, and it developed that he was not guilty of the charge for which the mob endeavored to take his life.
"To what extent this practice has been or will be used for purposes other than the alleged reason giYeu to the public, will never be known. In one istance, not long ago, it was stated and asserted that a man who had been charged with rape came near being lynched. \Vhen the truth became known, it brought to light the fact that the purpose in preferriug the charge was to have him lynched in order to suppress his evidence against parties who had been violating the prohibition law. In another instance, a man, charged with an assault upon a woman, eseaped the mob, which was in pursuit, and estab-

SurRDAY, JrxE 25, 1921.

109

lished the fact that the charge was made against him to clefpat tlw collection of a debt. Had the parties been l~nched it is not probable that their guilt would have been questioned.
''These things scne to emphasize the importance of adhering to la''" and of your so legislating as to suppress this evil and guarantee to en'r~ one charged with a crime a fair and impartial trial.
'Responsibility for tltf. crime of lynching rests 110t only upou actors, but upon the community which shuts its eyf.s to the crime and 1Jermits and tolerates it, and upon legislators u:ho refuse to enact laws to suppress it.
''It can and trill be stopped when the better element ulw deprt'caff' mob lau.', aggressively condemn it and lll'tamine to suppr;ss the prac-
t icf'.

"Even had it lweu confined to offenses committ<.'d upon females it could not be justified.
wro .adopt it, in these cases, is to put life of ev<'ry man in tlw po,wr of any woman who might for any reason desire his death. when such crimes arc charged, the passion of the people is more deepl~ stirred than by any other, and the mob is quick to act.
"Yct viewed from the standpoint of reason and not of passion, there is less excuse for lynching in such cases than in any other. Delay cannot be gi,en as a reason, nor a fear that jus-

110

.JorRC\AL OF TlH~ ~EXATE

tire will he defeated. At :\[onti<lllo and Columbus the men were takln out of the court room during the trial awl l~ndwd. In most eases tlwy an taken from the custod~ of officprs of the law, wlwn tlwy kilo\\ that tlw eourt will ronW'lH' and gin a srwt.'d_,. trial. For this offeuse,
ahoYc all otlwrs, tlw courts an qniel~ to try, awl if guilty thl' jmil'S eerta iu to <omiet.
"lt is uot then that tlH~ I'Par <ll'lay or the aequittal of the guilt~, hut it is a <ldiaHel' of the law. It is a dlsire to suhstitutt> passion for eYid<>nc<> antl Yengeance for justie<.
''There is, therefon>, no just ifiea tion 11or l'X-
(use for a resort to l~nehing, l'Yl'n in this class
of eases, when the dt>l'<ndant is eharge<l with tlw most dastan1l~ m:<l honihlt~ erimes. Xo man doubts in these east's that tlH law will punish the guilt~, an<l if hi' did, h(' eonl<l IJot fiwl a remed~- h~ making a mnnllnr-of himself. The remarkable fad exists that in a majorit~ of instanees the party lynelwd is talw11 from the ensto<l_,. of officers. I ean UIHlt>rstaml how a ncar nlatin~ of the Yictim of the lust of a human brute who sees hefon him tlw man whom he helilYes has rommithd tlw outragt>, and in the heat of passion, slays him, em1 Plllist tlw intt>rPst all(l sympathy of a ('OllllllUllit~; hut how an~ onP can fail to condemn thosl' who are ~nilt~- of the cowardly art of taking from the offinrs of the l<nY a man who is <lisarml<l and helpless, and hanging him without trial, surpass<s m~ emuprdwnsion.

111
"Both enpital and worth~- immigrants se-c-k places where l.n\ is suprenll' and the frequent ocemTPnccs of l~neh ing- "ill ad,c-rtise ours as a a lawll'ss t;tatt mHl as a half-chilized p<'oplt>.
"It sacrifiets tlw innocent, brings law into disnputt>, ena f t'S lmdcssiwss, impedl's nut hrial growth, mHl in tht eyt'S of all thL' world, lowers thP sta]}(lanl of our ci,-ilizntion alHl dc--
gTlHhs till' tharadtr of our pc-opk. * * ~
"It is, tlwrd'on, lll'<'<'-ssary that without waiting for tlH' slow procPss, the majorit~ rt>preSt'Hting law, onlt>r, justiee and eiYilization pass
sueh lPgisla t ion as will npnss the lawltss ele-
uwnt and setun the l'Pign of law. 'l'he cc-rtaiuty of prompt trials alone will not tnd lynchings. Tlw dPlays of tlJP law is n fa\oritt l'XCUSP, hut is not tlw rt>al rt>ason for its existence. Other lLgislation is Ill'l'decl to aiel in eheeking it.
"Tlw mTt>stiug- officcr is now clothe-d with authoiit~ to take> thL' lifl' of the assailants "hen rcsistiug tht>ir dl'orts to take a prisoner from his eustod,,, a11<l it is his duty to take life if ncc(_ssnn- to proteet tlw prisoner and retain him in custod~-. 'l'his ht> should be required to do at the hazard of his own life, or the prisoner should he unshaeklc-d, armed and giYen an opportunit~ to defend himself. The knowledge on the part of the mob that this would be done would dt>hr it from pursuing its lawll'ss' purpost', ami tlw law would he permitted to protect tlw hmoepnt and pmli:-;h tlw guilty.

112

JorRXAL OF THE SEXATE

''That it may be ascertained whether or not the officer having the prisoner in custody does his full duty in every instance, I recommend the passage of a law requiring a thorough investigation in every case and providing adequate punishment when he falls short of the full measure of his duty in protecting his prisonE>r. W"l1en this is done he should be ineligible to election or appointment to an~ office' until his llisabilities arc removed by the General Assembly. The administrator or family of a party taken from the custody of an officer and killed, should be authorized to recover from the county the full value of his life, which, in no case, should be less than one thousantl <lollars. This }H'ovision will not only, by appraling to self-intPr('sts, make the stronger inHu('nces in each communit~ active in opposition to lynehing-s but upon principle, is but doing justice to the famil~ of the victim. when the State takes charg-e of a prisoner, it is its duty to protect him against all danger save the penalty of the law inflicted for the crime with which he is charged, and for failure to do so, it is just for damages to be paid.
"It cannot be seriously contended that the
State has a right to disarm a citizen charged with crime, render him powerless to protect himself, and then surrender him to those who
seek his life in violation of law, without justl~' incurring the obligation to pa~' damages therefor.
''I do not ask that you restrict yourself to the mC'asures suggested by me. All that is asked

SAT"LRDAY, JrxE 25, 19:21.

n:~

is a remedy, and upon you rests the responsibility of proYiding it. If the suggestions herein made do not meet your approval, adopt others. I assure you that in your efforts to find the proper remedy, you will han' my hearty co-operation.''
I do not hesitate to say also, as did Governor Atkinson in his message of 18~)7, that during my administration there haYe hcen, in this State, several \nwhed who were not g;uilty of any crime for which mtder the laws of our State they could have been executed. And indeed, I believe that the hands of those who participated in taking the lives of several negroes are stained with the blood of men innocent of any crime.
During your limited session, it will be impossible for you to consider adequately and to dispose of all problems that could be called to your attention, and to discuss them all here woul<l extend this message beyond all r<'asonable limits.
Accordingl~, I have undertaken to deal only with those matters which in my opinion are of the most importance, and to which I recommend that you devote your time.
":'"hile your predecessors in the General Assemblies of 1917-18 and 1919-20, enacted much progressive and constructive legislation, important matters were permitted, by their inaction, or probably because of an indisposition to undertake their solution, to be passed on to you. If our State is to progress, a proper disposition of them should now, I submit, be made. This should not be further deferred.

] 14

.Joenx.\L oF Tim Rr<:XATE

In condusion: Duriug tlw two terms whieh I lun-e had the honor to hold a commission as Georgia's Chief Execut in, I han endea,ored to Sl'lTe the interests of all Chor~da all(l all Georgians to tlw hest of my abilit~.
Ht>spPd run~ suhmitted,
IIl'GH :\L DOHST~~Y,
Gonrnor.

REPORT OX CLE:\IEXCY CASES.

STATE 01<' Gl<JOHGIA,

Ji~XECUTIVF: IH~P . \ HT:\1 }1~xrr,

ArrLAXTA.

June 25, 1~)21.

To the General Assrmbly of 0f'oi'[Jia:

I hand you hC'l'ewith report, as required h~ the Constitution of tlw Statt', showing all rlemeiw~ mattcrs-reprieYes, nmo,als of disabilities, probations. paroles, commutatiom;, conditional pardons and pardons grautt>d sine~ my last rc>port suhmittc>d June 25th, 1920.

Rcspeetfull~ submitted,

HlTGH :\L DORSEY,

GoYeruor.

HA'lTHI>AY, ,JtxE 23, Hl:Zl.

115

Rl~PR IEVES.
rLYSSIGS GOOLSBY: l'Jarl~ eom1t~; murder. Respited from .Tul~ 2i3nl, 1~120, to .August 20th, 1920, and from Aug"ust 20th, 1~)20, to Septemher 17th, 1920, in order to g"iw his attorneys time to submit newl~ discon~red eYidPllC(' to the Prison ~onnnis sion and the Gonnwr, and in ordtr to allow time for a rehearing of his applieatiou for eommutation of the death Sl'Hteuee to life imprisomn<Bt, the last respite bciBg" g"rautt<d at tlw reqtHst of the Prison Commission.
,J( >Ji~ J Al\1 J~S: Twig-gs eo1mt~; mmder. Respited from Aug-ust 18th, 1920, to August 2Sth, 1~)18, in order to allow time for his ha(li11g eounsPl to appear lwfor<' the Prison Commission and the Gon~rnor to present argument on applieation for eommutation of the death sente11cc to life imprisonnwnt.
DAVE BO\YDEX: Put11am eou11ty; murder. Respited from ::\[ay 13th, Hl21, to l\fa~ 27th, 1921, in onltr to allow time for the Prison Commission and the Gonntor to n,icw applieation for commutation of dPath sPntene< to lit'<' impri~;onnwnt.

Rl~::\IOY..\L OF DI:-~~\BILITIES.
\Y.ALTJ1~H .AXD ADII<~ HI~\"I~LS: ""ilcox Suptrior ( 'ourt, .JnHP tenn, 1!120; lane11y; 6 mouths. These applieants selTl'd out tlwir Sl'ntences. In \'ie\\ of the faet that thiR \\as tlwir first offense, that th(~~ made rPstitutiou to the injured parties, and upon recommc'IH1ation of tlw Prison Commission nncl

116

JoL"RXAL Ol' THE SEXATE

a number of citizens of wilcox county, disabilities remoYed and restored to full rights of citizenship, July 31st, 1920.
H. H. DUNHA~I: i~Iuscogee Superior Court, ,June term, l!H6; forger~; 5 years. Applicant completed the service of his sentence, being released July 1st, 1920. In Yiew of his splendid record while seiTing his sentence in Monroe count~, and upon reconnnendation of a number of good citizens of that county and the Prison Commission, disabilities removed and restored to full rights of citizenship October 14th, 1920, order to become effective Januar~ 1st, 1921.
C. I. LASTINGER: Lowndes Superior Court, l\fa~ term, 1905; larceny after trust; 12 months. It
is shown that applicant was convicted of larceny after trust; that he was given a misdemeanor sentence of 12 months; that he served his sentence, and has, since that time, made a good ritizen. In view of the recommendation of the Pri!Son Commission and a number of officials of Lowndes count~, disabilities removed and restored to full rights of citizenship Xovemher 12th, 1920.
"'. ~I. HERRI~GTQ),Y: Fulton Superior Court, May term, 1911; attempt to murder; 5 ~ears. Applicant finished scrYing his sentence several years ago, and it is shown by good ritizens of Appling county that he has made a good citizen. Upon recommendation of the Prison Commission, disabilities removed and restored to full rights of citizenship, December 4th, 1920.

SATURDAY, JuxE 25, 1921..

117

E"GGEXE ORR: Fulton Superior Court, :May term, 1918; larceny after trust; 3 years. This appli.cant completed the service of his sentence and in view of his good record and the recommendation of the Prison Commission, disabilities removed and restored to full rights of citizenship, December 16th, 1920.
BAXKS AXD CHARLIE \YEAVER: Bibb Superior Court, February term, 1919; burglary; 2 years. Applicants were paroled Februar) 21st, 1920, and it is shown that they bore good reputations previous to this comiction and that their record, both in the penitentiary and since being paroled, has been good. At the time they were paroled, a full pardon was recommended by the trial judge and others. "Gpon recommendation of the Prison Commission, disabilities removed and restored to full rights of citizenship; order dated February 1st, 1921, to become effective February 11th, 1921, after two full years from the date they entered upon the serviee of their sentences.
JOHX 1IcCULLOUGH: Chatham Superior Court, June term, 190; forgery; 6 moriths or $500.00 fine. It appears that the jury which convicted applicant of the crime of forgery recommended that he be punished as for a misdemeanor, and that applicant paid the fine imposed, and that he has since lived an upright life, now holding a position of trust. It is also shown that he has never been in any trouble except this one unfortunate affair. Upon recommendation of the trial Judge, present Solicitor-General, and the Prison Commission, disabilities re-

118

.JocnxAL OF THE SEXATE

moved and restond to full rights of citizenship, March 19th, 1921.
ARTH"CR L. GROOYEH : Riehmond Superior Court, June term, 1916; higam~; 5 years. Applicant completed the service of his SPBtencP. In view of his good conduct as a prismwr, and the fnet that it is shown this man belongs to a res}wetahh> and substantial famil~~ in Bulloeh eomJt~-, alHl that his eharacter is considered good tht>n, and upon re<omnwndation of the Prison Commission, disahilitit>s removed and restored to full rights of citizenship, April 11th, 1921.
JO:fJ BEADLES: Fayettt> Superior Court, ).Ianh term, 1908; mauslaughtPr; 15 ~ears. This applicant was paroled October 1-th, 1Hl5, and the Prison Commission recommemled ('onmmtatiou to prPsPut service on Xon~mber 26th, 1917. Applicant completed the service of his sentenee on ).!a~ 2~)th, 1919. In view of his good eharadPr prior to this conviction and his good record sincP, disabilities removed and restored to full rights of eitizenship, April 28th, 1921.
RUSH IR\YIX: Fulton RupLrior Court, Xonmbcr term, ] 919; manslaughtPl'; 1 yen r. Applieaut completed the sPnice of his seute11C'e. In Yil:,- of tlw fact that prior to this O('C'UlT<'I:cC' for whieh he was convicted, he enjoyed the <:ollfidcuel' Hl!(l esteem of those who kne" him and IYas, as I am informed, a good citizen, and upm1 nconmwJHlntion of tl1<> Prison Commission, disahilitit>s remo\ecl and r0stoncl to fuU rights of citizenship, ).lay 3rc1, 1921.

PHOBATIO~S.
~L\.WrHA RI}YXOLDS: Flo~d. Superior Court;
,iolatiiJg' prohihition la"; 12 months. rpon recOllllll('ll(lati(m of tlw trial .Tudgp, Solicitor-General and the Prison ( mmnil'sion, applicant allowed to seiTe nmai11<hr of hPr st-Htt'IH't' on prohatioH. Apprond ,July Sth, 1920.
JOHX TH< niP~< >X: HmH1o1ph SUJll'rior Court, l\I<t~ term, 1D20; mallufaeturing liquor; 12 months. lpon neonmwwlation of the trial .Judge HJI(1 the Prison Commission, applicant allmnd to S<'ITe remaindLr of his sentPII('(' on prohation upon payment of a fine of $150.00. ~\ pprond .Jul.' 1Gth, 1~)20, to become effedin .July 1lth, 1020.
Sr}A BORX HOZIEH: Cit~ Court of ~facon, .June tt>rm, 1920; <'HlT~ing eon<Pahd WPapoHs; 8 months or -1- months awl *1 iJO.OO. rpm: n<onmwlHlation of the Prison Commission, npplieant allmwd to seiTe rPmainder of his Sl'ntPllf'<' 011 prohation upon pa~ ment of a filH' of :j;1 :JO.OO. "\ pprond .Jul~ 2Hth, 1920, to hC'<'Ollll' pfl'tC'tin .:\ ng-ust 1st, 1920.
J. L. LO\YHY: ( 'lwrokt-L' Snpt'l'ior ( 'ourt, ..:\ugust
tC'rm, 1919; Yiolatinp; prohibition law; 12 mouths or
r $500.00. pon ncomnwn<lation of tht Solicitor-Gen-
<ral, pre~wut .Judp;t, awl tlu Prison ConnnisHiou, appli<'ant allowP<l to strn tlw nmaiwhr of his sentPilre 011 prohatio11 upon paymPut of a fill<' of $250.00.
Apprond .July :nst, 1920.
DOCK ITEAHD: \YalkPr Snp<'rior Court, August tPrm, 1!l1 0; ns!mult to rap<'; 12 months and 6 months in jail, or $1,000.00 fhw. "Cpon r<'commendation of tlll' trial .JuclgP, .\ssistaut ~olicitor-Gen-

120

JouRXAL oF THE SExATE

eral, all twpln' members of the trial jury, a huge number of citiz0ns, and the Prison Commission, applicant allowed to smTc the remainder of his sentLnce on probation. Approwd .July 31st, 1920.
.TO'B~ REDDICK: Putnam Superior Court, September term, 1918; manufacturing liquor; 9 months. rpon recomnwndation of the trial Judge, SolicitorGeneral and the Prism} Commission, applicant allowed to sPrn~ the remaind0r of his sentence on probation upon pa~m0nt of a fine of $150.00. Approved August 13th, 1920.
F'FJLT HAR~rox: Gorden Superior Court, SeptPmher term, 1920; violating. prohibition la,,. ; 3 months. rpon recommendation of tho trial .Judge, Solicitor-General and tho Prison Commission, applicant allowed to S<'rvc the remainder of his seut<'nce on probation. Approv<'d SeptPmhPr 15th, 1920.
CHARLIE VICKRU~f: .Jasper Superior Court, August term, ] 920; havi11g a pistol; 12 months or 6 months and $100.00 fine. rpon recommendation of the trial .TudgP, Solicitor-Gell<'ral and tlw Prison Commission, applicant allowed to scrTe the remainder of his sentence on prohation upon payment of a fhw of $100.00. .Approved September 20th, ] 920.
J. B. DANIELL: Laurens Superior Court, February term, 1920; cheating and swindling; 12 months. Upon recommendation of the prosecutor, trial Judge, Solieitor-Gcneral and the Prison Commission, applicant allowed to serve the remainder of his sentence on probation. Apprond October 8th, 1920.

SATl:RDAY, JuxE 25, 1921.

121

XEAL CAMPBELL: City Court of Hall county, Xonmbcr term, 1919; assault and battery; 12 months and $250.00. "Cpon recommendation of the trial Judg-e, Solicitor-General and the Prison Commission, applicant allowed to serve the remainder of his sentence on probation. Approved October 8th, 1920.
SAM ROGERS: J\luscogce Superior Court, Xovember term, 1919; dolating prohibition law; 12 months or 5 months and $300.00. Upon recommendation of the Solicitor-General and the Prison Commission, applicant allowed to serve the remainder of his sentence on probation upon payment of a fine of $100.00. Approved November 1st, 1920.
D. K. \VALL: Laurens Superior Court, June term, 1920; Yiolatiug prohibition law; 12 mouths. Upon recommendation of the prosecuting attorney, prosecutor, awl the Prison Commission, applicant allowed to serve the remainder of his sentence on probation. Approved Xovember 1st, 1920, to becomP efft>ctivc X ovember 15th, 1920.
R. .JL ::\IILA.X: City Court of Blackshear, ],ebruary tLrm, 1!l20; Yiolatiug prohibition law; 12 mouths and $150.00 fine. Upon recommendation of the trial J udgc, Solicitor, prosecutor and the Prison Commission, applicant allowed to serve the remainder of his sentence on probation. Approved November 2nd, ] 920, to become effective X ovembcr 17th, 1920.
J. Y. D.AYIS: \Varren Superior Court, January term, 1919; violating prohibition law; 12 months and 6 mouths in jail or $1,000.00. Upon recommendation of the trial J uclgc, Solicitor-General, members of thP.

trial and grand juries, a nmnht>r of eitizeus, and the Prison Commission, applicant allowell to serYe the nmaindl'l' of his sentcnct on probation n}lo11 pa~ meut of a fine of $1 ,000.00. Apprond Xon'mhcr 15th, Hl20, to beeome cffcetin l>t-elmlwr 8th, H):W.
HENRY HARRIS: l\Iorga11 Snpt'rior Court, Septemht-r term, 1n9; violating prohihition law; 1:3 months and Gmonths in jail or $150.00; Gmonths all<l 6 months in jail or $250.00. rpon rt'('Oll11l1C!lc1ation of tlw trial .Judgc, Solieitor-Gent-ral and the Prison Commission, applieant allowed to setTe the remainder of his Sl'ntcnce 011 prohation upon pa~ me11t of a fine of $1 ,000.00. Apprond Xmlmher 15th, 1920.
DAX AYl~JRS: Hart Superior Court, August term, 1920; selling liquor; ;) 11101:t hs and $;)00.00 fine or 6 mouths. Lpon rccommPwlation of tlw trial ,Judge and the Prison Cmmuissiou, applieant allowed to Sene the nmaimllr ol' hiH Sl'llh'lll'l' Oil probation upon payment of a tim of $500.00 C\11(1 cosh;. Approved Xonmher 26th, 1!l20, to lweonw effeetivc December 1st, 1920.
'WRIGH'l' S~IITH: :\feDnftit' Superior Court, :\Iarch term, 1919; assault to murdPr; 1~ months. Upon reeomme11Cla ti on of tlw trial ;jur~, a number of citizens, and the Prison ( 'ommission, applicant allowed to senc the remaim1Pr of his !Wiltl'll<'t' Oil probation upon payment of all eourt eosts. Approved Decemher Gth, 1!1:20, to beconw pffeetin' J<muar~ Sth, ]!121.
RALPH DAVEXPORT: 'rroup Sup<'rior Court, July term, 1920; lnree11y; 1:2 months. Upon rccom-

SA Tt'J\1),\ y' .Tl' :'\E 23, 1921.

123

mcndation of the trial .Judg-e, Solicitor-General, and the Prison Commission, applicant allowed to serve the renuiindcr of his sentence on probation upon pa~ment of a fine of $100.00. ..:\ pproYed December lOth, 1920.
PEARL HI,.\ rnHTl~H: Monnw Superior Court, September ttrm, l!lHI; shooting at another: 1 to 2 ~ears. "G pon reeoHmltmlation of the trial .Tudge, Soliei tor-G<HNal, and the Prison Commission, applicant's scntene< eonmmted to 12 months m1<l allmn<l to setT<' thr r<maiw1er of her sentence on probation on pa~mput of a fine of $75.00. ApproYed Deeemher 1~th, Hl:20.
LESL1J~ ::\fELTOX: Han<1olph Surwrior Court, ::\fa~ ttrm, Hl20; larePll~ of auto; J year to 1V~
r ~ears. pon reCOlllllH'lHlntion of tlw Prison Com-
mission, applieant 's stutt>Jl<'e commuhd to 12 months and allmwd to Hl'l'Yt' thP nmainder of his senhncp on probation upon paynwut of a fine of $100.00 and costs. ...\ ppron<l DeePmlwr 1Gth, 1920, to become efft>ctiYe .Tauuan :1nl, 1921.
LL"THEH GrKHIX AXD }~YERI~TT GRAXT: walker SupPrior ( 'onrt, .Tuue tl'rm, l!l20; burglary; 1 ~car eaeh. Lpon n<omllll'!Hlation of the trial .Tuclg-e, Solieitor-GPnl'ral, prosP<ntor, and thP Prison Commission, the S<'lltPJH'PH of applica11ts connnutt>d to 12 months pa('h and alloWP<l to SPIT<' the rlmainder of their ~entPH<'PS on probation. ..:\pproYed December 16th, 1920.
J. J. GOHDOX: Jmws SupPrior Court, October term, 1919 ; SPlling liquor; 1~ months and $1 ,000.00. Upon recommendation of the Prison Commission,

,JornxAL oi' THE RExATE
applicant allowed to sern the remainder of his sentence on probation upon pa~mcnt of a fhw of $500.00 and costs; or, without the payment of $500.00 and costs, probation to begin }iareh 31st, l!l:21. Apprond Dee(mher 1Gth, 19:20.
l<'RAXK 'l'RIC'Jl~: Pulaski Superior ( 'ourt, St>ptember term, 1919; manufaeturing liquor; 12 months and 6 months in jail or $i300.00. Cpon rt>eommendation of the Solieitor-GenPral, ttn of the trial jurors, and tlw Prison ( 'onnnission, applieant allowed to SL'lTe tlw remainder of his SPIItenee on probation upon pa~nwnt of a fhw of $:WO.OO. .Apprond Deeember 21st, 19:20.
OTIS \YOODALL: DeKalh Superior Court, October tNm, 1920; lanen~; 5 years. upon recomnwndation of the trial Judge, Solieitor-Gc>neral, trial jun, and the Prison Commission, applicant's sentence commuted to 12 months all(l allowed to sene the remaimhr of his sentence on probation. Ap}Jrowd Dec<>mher 21st, 1920.
JA}II~S :\kAFE]1~ AXD JA~IES }[ERRITT: Fulton Superior Court, J ul~ tc>rm, 1920; larceny
r after trust; 12 months each. pou reconmwndation
of the trial Judg-e, Solicitor-Gc>nPral and the Prison Commission, applicants allmwd to S<'l"VC nmaindPr of their sentenees 011 prolmtimi. ApprovPd Decemher 22nd, 1920.
TOHK 0. POXDlj~R: :\[onroe Superior Court, September term, 1920; larcen~; 6 months. Upon recommendation of the trial Judge, Solicitor-General, prosecutor and the Prison Commission, appli-

8.\Tl.RDAY, ,JrxE 25, 1921.
cant allowed to sene remainder of his sentence on prohation upon payment of costs. ApproYed December 22nd, 1~l20.
LCTHER AD..:UlS AXD ~IILL]j~DGE K~IGHT: '\Yilkinson Superior Court, Xoyemher term, 1920;
larceny; 12 months eaeh. r pon recommendation
of the trial .Ju<lg-t', Solicitor-Geiwral, prosecutor and the Prison Commission, applicants allowed to sene remainder of tlwir sentLnces 011 probation upon pa~ ment of eourt costs. Apprond Dect>mber 23rd, 1920.
H. H. J< lXES: City Court of Sa\mmah, .:\Iay term, 1H20; public indecC'nc~; 12 months. Upon recommendation of the Prison Commission, applicant allowed to SC'l'H' the remainder of his sentence on probation. ApproYed Dec<>mher 2-t-th, 1920.
\YILLIS E. '\YRIGHT: Cit~ Court of Carrollton, Decemher term, 1920; Yiolating prohibition law; 8 months. rpon recommendation of the Solicitor, a number of citiuns, and the Prison Commission, applicant allowed to scne the remainder of his sentenet on probation upon pa~ment of a fine of $300.00 and court eosts. Apprond December 28th, 1920.
AR( 'HIE ~fA XX: Fulton Superior Court, Aug1.1st tPrm, 1920; robber~; 12 months or fine of $500.00. lpon ncommeiHlation of the Prison Commission, applicant allow<'d to S<'rYc the remainder of his sentenet Oil probation. Appron:d December 30th, 1!>20.
JIM BROWX: ~Iuscog-ee Superior Court, ~fay term, 1920; Yiolating prohihition law; 12 months. rpon recommendation of tlw trial .Ju<lp;e, SolicitorGeneral, and the Prison Commission, applicant al-

1:26

.JOURXAL OF THE SEXATE

lowed to sciTc the remainder of his sent<nce on probation upon payment of costs. ApproYed January 3rd, 1921.
:\fORT BRO\VDER, EUGENE BATES A~D LEE PRYOR: Dade Superior Court, Septeinber term, 1920; assault to rob; Browder and Bates 4 months each, Pryor 6 months. Upon ncommendation of the prosecutor and the Prison Commission, Browdtr and Bates allmn:d to seiTP the remainder of tlwir sentences on probation upon payment of fines of $175.00 each, and Pnor allowed to se1Te the remainder of his sentence on probation upon payment of a fine of $225.00. Approved Jauuan 7th, 1921, to become effective .Jmman 12th, 1921.
\YILLIE PIERC'lG: "Thitfield Superior Court, ,Jul~ term, 1920; larceny; 12 mouths. "Cpan recommendation of the trial .JudgP, Solicitor-General and the Prison Commission, appli<'ant allmwd to serve the remainder of his sentene<' on probation. Approved Januar~ 8th, 1921.
DAVE S:\fiTH: Cit~ court of Sparta, fall term, 1920; manufacturing whiskc~; 12 months. Upon recommendation of the trial Judg-e and the Prison Commission, applicant allowed to serve the remainder of his sentenc<' on probation. ApprovNl February 7th, 1921.
ROBJlJRT L. TAX~ER: City Court of Atlanta, November term, 1920; misdemeanor; 6 months in jail. "Gpon recommendation of the Solicitor and the Prison Commission, applicant allowed to sene the remainder of his s<'ntence on probation upon pay

SA'lTRDAY, JL'"XE :25, 1921.

1:27

ment of one-half of the court costs to the then Solicitor, :\Ir. Lmn~ Arnold. Apprmed l<'ebruary 11th, 1921.
G""\BE TERRELL: Kewton Superior Court, .Jul) term, 1920; pointing- and cm-r)ing a pistol 6 and 6 months. "Cpon recommendation of the trial .Tudg-e, Solicitor-General, and the Prison Commission, applicant allowed to sene the remainder of his sentence on probation. "\ pproYed February 23rd, 1921.
.JOHN HO\YARD: Whitfiel(l Superior Court, October term, 1920; misdemeanor; 6 months. Upon recomme11dation of the trial Judg-e, Solicitor-General and the Prison Commission, applicant allowed to sene the rcmaindl'r of his sentence on probation. Apprond Fchruer~ 23rcl, ] 921.
"T K\DH~TT ALLI<~R: Pike Superior Court,
April term, 1915; misdemeanor; 12 months. Upon recommendation of the Prison Commission, applicant allowed to seiTe tlw remainder of his sentence on probation. Appro\('(1 Fehruar~ :28th, ] 921.
A. L. PARTEE: DeKalb Superior Court, June term, 1!)1 ~); misdt>meanor; 1:2, 12 and 12 months.
r poll rpcommenclati on of the trial Judg-e, Solicitor-
General and the Prison Commission, applicant allowed to sene the remainder of his sentence on probation upon pa~ment of a fine of $100.00. Approved March 9th, 1921.
G. M. :\IcKERLEY: Fulton Superior Court, October term, 1920; larceny; 12 months. "Cpon recom-

12tl

,J OCR~ AL OF THE ~E~ ATE

mcndation of the Prison Commission, applicant allowetl to sern the remai11<ler of his sPntencc on probation. Apprond .:\fareh 9th, l~l21.
SAl\I Bl'TTS: Cit~- Court of Eatonton, .:'ll<uch term, 1921; misd<:'meanor; 12 months or $25.00. r pon reconnnewlation of the Prison Commission, applicant allow<:'cl to SPIT<' the remainclt>r of his sentence on probation. A prno,ecl .:\Iarch ~lth, 1~l21.
FATE AXDF~RSOX: Hichmowl Supl'rior Court, .Jmm<u~ term, 1921; Yiolating prohibition law; 10 months. L pon l'l'COmmeiHla tion of thl' trial .JUdg'l' and tlw Prison Commission, applicant allO\wd to SCITC the nmaiJHlPr of his sentence on probation, pa~ing- tlw court costs in l'qual installnwnts e\'cry 30 cla~s from datl' of his nleas<'. ApproYed .:\[arch 12th, 1921, to lwcome pffectiH .:\farch 22nd, 1921.
GEORGE \YILLLUIS: TrourJ Superior Court, August term, 1920; att<:'mpting to manufacture liquor; 12 months or $300.00 fine. rpon recommeiHlation of the Prison Commission, applicant allowc<l to sene the remainder of his St>ntencc on prohation upon ll<l~ment of a fine of $75.00. ApproYt>cl .:\farch ] 2th, 1921.
.T. H. COLLIER: Cit~- Court of Grad~- count~-, .Tanum~- term, 1~l21; dwating and swindling;:~, :3 and :1months. l-pon recommendation of the trial .Tudg-e, Solicitor and the Prison Commission, applicant allowed to sciTe the remainder of his sentences on probation. Approycd April 5th, 1921.
FRAXK DL"GGER, 1<'1-L\XK YOrXG AXD CHARLEY BAGLEY: .:\Iurra~- Superior Court, Februar~- term, 1920; manufacturing liquor; 1 to 2

SATLRDAY, .JL~E 23, 19:21.
years each. Upon recommendation of the trial .Judge, Solicitor-General, trial jurors, and the Prison Commission, the sentences of applicants commuted to 12 months each and allo>Ycd to serve the remainder of their sentences on probation. Approved April 5th, 1921, to become effective April 17th, 1921.
BERT HUGGIXS: Cobb Superior Court, :November term, 1919; violating prohibition law; 12 months or $1,000.00 fine. Upon recommendation of the Solicitor-General and the Prison Commission, applicant allmwd to se1Te the remainder of his sentence on probation. Apprond April 25th, 1921, to become effectin l\fay 15th, 1921.
'"' C. ELROD: Gordon Superior Court, Februan term, 1920; selling liquor; 12 months. Upon recommendation of the trial .Judge, Solicitor-Gemera! and the Prison Commission, applicant allmYed to serYe the remainder of his sentence on probation upon payment of all court costs. Approved April 25th, 1921, to bPcome effective l\Iay 1st, 1921.
BRYA~T PATE: Troup Superior Court, .Jul~ term, 1921; larcen~-; 12 months. Upon recommendation of the trial Judge, Solicitor-General, prosecutor and the Prison Commission, applicant allowed to sene the remainder of his sentence on probation upon payment of a fine of $100.00. Apprond l\fay 2nd, 1921.
THURMAK POLK: Nt>"ton Superior Court, Xo,ember term, 19:20; misdemeanor; 6 months. Because of .Physical condition, applicant allowed to

.JOFRXAL OF THE SEXATE
serv0 the remainder of his sentence on probation upon payment of court costs. ApproYed 1Ia~ 7th, 1921, to become effectiYe :\lay 14th, 1921.
HARLSTOX LA::\IPKIX: City Court of Gaines,illc, .:\[a~' term, 1917; larcen~; 12 months. Upon recommendation of the J udgc and Solicitor of the ('it~ Court of Gaines,ille and the Prison Commission, applicant allowed to SCl"Ye the remainder of his sentence on probation. Approved )fay 12th, 1921.
.JESSIID \VILLIA1IS: Calhoun Superior Court, August term, lf)]9; misdemeanor, 6 eases; 6 months each. The trial Judge, Solicitor-General, and the Prison Commission recommended that this applicant he released upon payment of fines of $50.00 in each case. Applicant served nearl~ 22 months in the chaingang. Applicant allowed to serve the remaindc'r of his sentences on probation upon payment of a fine of $20.00. Approved ::\Ia~ 18th, 1921.
GOLDEX TAYLOR: Gordon Superior Court, September term, 1920; kidnapping; 12 months. Upon recommendation of the trial Judge, SolicitorGeneral, elcnll of the trial jurors, and the Prison Commission, applicant allowed to serve the remain<lPr of his sentenc<> on probation upon paymE>nt of costs not to exceed $60.00. Approved )[a~ 24th, 1921.
H. R. GRIMES: Terrell Superior Court, :May term, 1921; misdemeanor; 30 days in jail and $800.00 fine and 12 months. In the sentence in this case, the trial Judge pro\ichd that after serving the jail sentence, applicant might se1Te the 12 n~onths sen-

S.HL'RDAY, JexE 25, 1921.

131

tence on probation upon payment of the fine of $800.00. The trial Judge and the Prison Commission recomm<.'nd that applicant be released from further senice in jail, because applicant's mother is lying at the poillt of death. L"pon the payment of the fine of $800.00, applicant ano~wed the privilege of sening the n'mainder of the jail sentence and the 12 months' scntPncc' on probation. Approved .June 2nd, Hl21.
T( )l\1 BAR XES: Harris Superior Court, Decemher term, Hl20; manufacturing liquor; 12 months. In Yiew of the rPconmwwlations of the trial Judge, Solicitor-General, prosecutor, \Yarden and Chairman of Count~ Commissioners of Harris county, and the Prison Commission, because of applicant's physical condition as shown by certificate of a physician, applicant allowed to sene the remainder of his sentence on probation. A pprond J nne 4th, 1921.
\YALTER \YILKES: Polk County City Court, January term, 1921 ; ,iolating prohibition law; 12 months or $400.00 fine. l!pon recommendation of the Prison Commission, trial Judge, Solicitor, trial jurors, and a large number of citizens of Polk county, applicant allowed to serve the remainder of his sentence on probation on payment of a fine of $100.00 and costs. Approved June 6th, 1921.
.JIM BARFIELD: Crawford Superior Court, October term, 1920; manufacturing whiskey; 12 months. upon recommendation of the trial Judge, Solicitor-General and the Prison Commission, applicant allowed to serve the remainder of his sentence on probation. Approved June 8th, 1921.

Jo"LRNAL oF THE SENATE
JESS wiLLIS: Cherokee Superior Court, August term, 1920; misdemeanor; 12 months. Upon rPcommendation of the trial .Jnllge, Solicitor-General, present Solicitor-General, and the Prison Commission, applicant allowed to seiTe the remainder of his sentence on probation. A.pprond June lOth, 1921.
ART AND HO\VARD DILLARD: Rockdale Superior Court, October term, 1919; car breaking; 12 months each. In view of the good character of these applicants previous to this conviction, the recommendations of a large number of citir,ens of Rockdale count? and the Prison Commission, applicants allo\\Ted to serve the remainder of their sentences on probation. Apprond June 11th, 1921.
JA-:\IES L. KEY: Fulton Superior Court, Febru-. ary term, 1920; extortion; 12 and 12 months. In view of the recommendations of the Solicitor-General and the Prison Commission, and especiall~' because of the condition of the applicant's family, applicant allowed to sern) the remainder of his sentence on probation. Approved June 13th, 1921.
JOH~ L. CAUSEY: Crawford Superior Court, October term, 1920; violating prohibition law; 12 months. In view of the recommendations of the trial Judge, jurors, an(l the Prison Commission, applicant allowed to serve the remainder of his sentence beginning June 25th, 1921, on probation upon payment of a fine of $300.00. Approved June 13th, 1921.
TUR~ER \VI~FREY: Criminal Court of Atlanta, February term, 1921; gaming; 12 months.

SATURDAY, JL".XE 25, 1921.

13:3

Upon recommendation of the Prison Commission and a number of citizens, applicant allo\Yecl to serYe the remainder of his sentence on probation. Approved June 17th, 1921.
HASTIXGS KEX~EDY: Richmond Spperior Court, January term, 1921; larceny of automobile; 1 to 5 years. In view of statement of the Judge regularly presiding in the court where applicant was tried as to the disposition of the cases of joint-defendants, and also the recommendation of the Solicitor-General and Prison Commission, applicant's sentence commuted to twelve months' sentence and allowed to serve the remainder of his sentence on probation. Approved June 22nd. 1921.
R. B. KELLY: Fulton Superior Court, Xovember term, 1920; gambling; 12 months or 7 months and $1,000.00 fine. In Yiew of applicant's prmious good reputation, his ph~sical condition, the conclition of his family, and the recommendations of the trial Judge and the Prison Commission, applicant allowed to serve the remainder of his sentence on probation upon payment of a fine of $666.66. Approved June 22, 1921.
JAMES MOORE: Fulton Superior Court, ~lay term, 1920; larceny; 12 and 12 months. In view of the recommendations of the trial Judge, SolicitorGeneral, prosecutor, and the Prison Commission,
applicant allowed to sene the remainder of his sen-
tence on probation. Approved J nne 22nd, 1921.
J. R. STEELE: Fulton Superior Court, January term, 1920; larcen~ of automobile; 1 year. The trial Judge, Solicitor-General and the Prison Com-

1:14

.Jo"LRXAL OF THE SEKATE

mission recommend that this applicant be pardoned. In view of these recommendations, applicant's sentence commuted to twelve months' sentence and allowed to serve the remainder of his sentence on probation. Apprond .Tune 2-th, 1921.

PAROLES.
Following paroles approved on representation made as to character of applicants previous to conviction, circumstances attending commtsswn of crimes and prison deportment.
Every application for parole approYed was recommended by ever~ member of the Prison Commission.
DORA HOLLY: Coffee Superior Court, December term, 1911; murder; life; approved .July 8th, 1920.
MRS. EDNA P. GODBEE: Jenkins Superior Court, September term, 191~; murder life; apprond July 8th, 1920.
ZANXIE BRYAXT: Houston Superior Court, April term, 1917; rape; 10 years; approved July 9th, 1920, to become effective July 29th, 1920.
ISAAC CHESTKUT: Coffee Superior Court, October term, 1901; murder; life; apprond .Jul~ 16th, 1920.
Ll'THER KEXDRICK: Laurens Superior Court, April term, 1914; manslaughter; 15 years; approved July 22nd, 1920.

.r SATt.run.u, l:XE 25, 1921.

135

ALli'RED JON:ms: Richmond Superior Court, March term, l 914; attempt to murder; 10 years ; approved July 22nd, 1920.
J. L. REINILJ\RDT: Madison Superior Court, September term, 1915; embezzlement; 1 years and 6 months; approYed July 22nd, 1920, to become effective September 9th, 1920.
OBIE PO\YEI..I.~: Laurens Superior Court, Jannary term, 1916; mauslaughter; 10 years; approved July 22nd, 1920, to become effective February lOth, 1921.
ARTHUR CLARK: Richmond Superior Court, February term, 1917 ; burglary ; 10 years; approved July 22nd, 1920.
HOllER HOLLIDAY: Museogee Superior Oourt, 1\fay term, 1918; burglary 5 years; approved July 23rd, 1920, to become eifeeth~e March 12th, 1921.
AUBRIE liELTON: Upson Superior Court, March term, 1919; burglary; 3 years; approved July 30th, 1920.
CLYDE BELCHER: Fulton Superior Court, Jnne term, 1915; robbery; 20 years; approved July 30th, 1920.
ELI JACKSON, JR.: \-Vashington Superior Court, September term, 1914; manslaughter; 12
.years; approved July 31st, 1920.
CARL HAGAN: Fulton Superior Court, April term, 1919; larceun 2 years; appro\ed July 31st, 1920.

136

.JoL"RXAL OF THE REXATE

.J. B. DEAK: Fulton Superior Court, April term, 1919; larceny; :2 years; approwcl .July :31st, 1920.
~EER SE-WELL: Fulton Superior Court, ~lay term, 1919; larceny; 2 years; approved August 5th, 1920.
HE~RY F"CTCH: Tattnall Superior Court, .Jnne term, 1893; murder; life; approved August 7th, 1920.
.J. TO-:\I LOXG: \Valton Superior Court, August term, 1915; assault with intent to murder; 7 years; approved August 8th, 1920.
A:NDRE\V RICHARDSOX: Fulton Superior Court, 2\Iay term, 1916; murder; life; approved August 30th, 1920.
A. C. (AL) REED: Coweta Superior Court, September term, 1916; manslaughter; 7 years; approved August 30th, 1920.
SILAS ~IcLE~DOX: Laurens Superior Court, January term, 1915; murder; life; approwd August 30th, 1920.
JOHX DO\VDY: Oglethorpe Superior Court, ~ovember term, 1913; murder; life; approved August 30th, 1920.

J. R. GUN"TER: Fulton Superior Court, N"ovemher term, 1916; dynamiting street car; 10 years; approved September 1st, 1920.
WILL RYLEE: Clarke Superior Court, April term, 1915; robbery; 15 years; approved September 20th, 1920.

SA1TRDAY, .JexE 2:3, 19:21.

137

JDI ORR: Randolph Superior Court, August term, 1919; attempt to murder; 3 years; approved September 20th, 1~1:20.
Gl}OHG~J \Y...:\SHIXGTOX: Elbert Superior Court, SPptemlwr tNm, 1905; murder; life; approwd Oetoher 1st, 19:20.
ROSS .:\1 IDDLl}BROOKS: Hoekdale Superior Court, Odolwr hrm, 1!11 G; attempt to rape; 7 years; approwd <)etolwr Gth, 1!>:20.
ROSCOI~ l<'Ll}TCHI~H: Hmry Superior Court, April term, 1911; rape; 20 yt>lHS; approved October 6th, 1920.
BEX IU~ISE: Houston Superior Court, October term, 1910; murder; lift>; approved October 8th, 1920, to become effeetin October 22nd, 1920.
TDI JOHXSOX: Lincoln Superior Court, May term, 191+; murder; lift; approwd October 8th, 1920.
JDI ~lYRICK: 'l'errell Superior Court, ~fay term, HH 1; murder; lif(; apprond October 8th, 1920.
wiLL .JicKIXX:KY: Hall Superior Court, July term, 1914; murder; life; approved October 8th, 1920 .
JOHX FOST l'}R: Spaldinp: Superior Court, J annan term, 1907; murder; life; approved October 8th, 1920.
ROBERT .JOHXSOX: Columbia Superior Court, October term, 1908; murder; life; approved October 8th, 1920.

B8

JorRXAL OI' THE SEXATE

ED H.ARRISOX: Hall Superior Court, July term, 1914; murder; life; approved October 8th, 1920.
SAl\1 l\fcINTOSH: Elbert Superior Court, Septt'mber term, 1910; murder; life; approv<'d October 11th, 1920.
E::\DH~TT ISOX: Spalding Superior Court, August t<'rm, 1919; larcen~; 4 ~cars; approwd October 11th, 1920.
wrLL XE.AL: J aekson Superior Court, Ji,t'bruary term, 1914; murder; lift'; approved October 11th, 1920.
PEYTOX ELDER: Clarke Superior Court, D<'c<'mb<'r t<'rm, 1916; murder; .life; approvN1 October 14th, J920, to become cffcetin Dceembcr 30th, J920.
Ll~CTCS CLIATT: Turn<'r Superior Court, October term, 1908; murder; life; approved October 14th, 1920, to become effectiv<' December 15th, 1920.
LEE LARKIX: Pulaski Superior Court, February term, 1914; murder; life; approved October 18th, 1920, to become cffectivt' Xovemb<'r 20th, 1920.
GENE ELLIXGTOX: Fayette Superior Court, April term, 1916; manslaughtei; 12 years; approved October 27th, 1920, to become effeetin December 4th, 1920.
OBE DO"UGLAS: Terrell Superior Court, August term, 1919; manufacturing liquor; 2 to 2% years; approved October 27th, J920, to bceomc cffcctiw November 28th, 1920.

SATl'"HDAY, J-cNE 25, 1921.

139

J}JSS HOWI<:-;LL: Colquitt Superior Court, July term, 1918; rape; 8 ~-ears; approved October 27th, 1920.

HATTIE SPEARS: Bibb Superior Court, July

term, 1909; murder; life; approyed October 27th,

1920.

.

SPEXCER CLARK: ~Iitchell Superior Court, October term, 1916; cow stealing; 4 years; approved October 27th, 1920.

CHARI.JIE PITTS: Henry Superior Court, April term, 1907; murder; life; approved October 27th, 1920.

ROSS GILLEY: Fulton Superior Court, May term, UH8; larceny; 3 years; approved October 27th, 1920.

RAS HUGHES: Jasper Superior Court, August term, 1908; murdt'r; life; approved October 27th, 1920, to become effective Xovember 27th, 1920.

JOE PARKER: Pickens Superior Court, April tcrrn, 1918; burglary; 5 ~-ears.; approved October 27th, 1920.

\YILL JOXES: Emanuel Superior Court, October term, 1902; murder; life; approved N ovember 2nd, 1920.

:\lARK GRAHA:\I: Clinch Superior Court, April term, 1899; murder; life; approved ~ovember 2nd, 1920.

LEOXARD \VALKER: DeKalb Superior Court, September term, HH8; assault to murder; 5 years; apprond Xmcmber 2nd, 1920.

140

.Jot:RXAL OF THE SEXATE

.J. "\Y. PARTEE: Clarke Superior Court, June t<>nn, 1916; manslaughter; 1:2 ~ears; approYed XoYember 1Oth, 1920.
"\Y. I. BOLTOX: Gwimwtt Superior Court, ::\larch term, 1917; assault to mtucler; -t- ~ears; approved Xovemher 15th, 1920, to become effeetive l\farch 1st, 1921.
ELTJAY ~AIL: Tattnall Superior Court, Octoher term, 1913; murder; life; approYNl Xo\emher 15th, 1920, to become effecti,e December 14th, H>20.
LE::\I PLrl\IER: Fayette Superior Court, September term, 1917; seduction; 15 years; apprond ~oYember 15th, 1920, to become effectiYe .Jmmar~ 15th, 1921.
FRA~K K COLE~IAX: Chatham Superior Court, Xo\emher term, 1918; attempt to murder; 2 years; a pprond Xovember 15th, 1920.
PHOXZO JOHXSOX AXD "\VILL SDIPSOX: Jackson Superior Court, Felnmu~ term, 1916; manslaughter; 10 yt>ars; approw<l Xowmbt-r 15th, 19:20, to become effertiYe .::\Iarrh 12th, 1921.
CLAUDE COOPER: .Jaekson Superior Court, February term, 1916; murder; lif<>; approved Xonmber 15th, 1920, to become cffectin ~lareh 12th, 1921.
SAM HICKS: Paulding Superior Court, }fa~ term; 1916; murder; life; npproYrd Xon'mbcr 15th, 1920, to become effecti,e Dcrembcr 11th, 1920.
ARTRCR BRO"\VX: Habershmn Superior Court, ::\far<'h term, 1909; murder; life; approved Xovember 15th, 1920.

SATL"HDAY, JcxE 25, 1921.

141

LEE JOXES: :Jlilton Superior Court, March term, 1919; murder; life; approved :N'"ovember 16th, 1920, to become effective ~lay 27th, 1921.
\YILL CO:JIER: Houston Superior Court, April term, Hl06; nmrder; life; approved ~ovember 15th, H)20, to become effective l\fareh 22nd, 1921.
JESSE BAILEY: Early Superior Court, December term, 1917; manslaughter, 5 years; approved
Xovember 16th, 1920, to become effective December
15th, 1920.
LON SIMS: 2\Iaclisou Superior Court, March term, 1911 ; murder; life; approved X ovember 26th, .1920.
J. 2\1. BUSS~~LL: Liberty Superior Court, February term, 1917; forgery; 6 years; approved N'ovember 26th, 1920.
J .A.l\fES B'CSH : Riehmond Superior Court, November term, U)] 4; murder; life; approved X ovember 26th, 1920.
EUGEXl~ K~~ITH: DcKalb Superior Court, September term, 1m 5; manslaughter; 15 years; approved DecPmher 4th, l~l20.
JOHX HICKS: Glynn Superior Court, ~lay term, 1914; burglan; 12 ~pars; approved December 4th, 1920.
ALOXZO GASTOX: Spalding Superior Court, January term, 1907; murder; life; approved December 6th, 1920.

142

J OURXAL OF THE SENATE

BILLIE LIGHT: Fulton Superior Court, Nonmber term, 191i; larcen~-; 5 years; approved December 6th, 1920.
ALLIE JO~ES: Burke Superior Court, October term, 1915; murder; life; approved December 7th1 1920.
\YASHINGTON LOTT: Coffee Superior Court, February term, 1916; murder; life; approved December 8th, 1920, to become effective December lOth, 1920.
LUTHER OGLESBY: Clarke Superior Court, April term, 1918; robbery; 4 years; approved December 8th, 1920.
\VILL DAVIS: Henry Superior Court, April term, 1905; murder; life; approved December 8th, 1920.
BOB MITCHELL: DeKalb Superior Court, December term, 1916; manslaughter; '10 years; approved December 8th, 1920.
ZACK JORDAN: \Vashington Superior Court, September term, 1907; murder; life; approved De cember 8th, 1920.
JOHN SHIELDS: ::\Iadison Superior Court, .August term, 1918; attempt to murder; 3 years; approved December 8th, 1920, to become effective December 23rd, 1920.
MARK CRANE: Lumpkin Superior Court, April term, 1911; manslaughter; 15 years; approved De-
cember 9th, 1!320, to become effective May 29th, 1921.

SATl:RDAY, .JrxE 25, 1921.

143

BOB ALLEN: Fayette Superior Court, March term, 1913; rape; 10 years; approved December 9th, 1920, to become effecth'e February 8th, 1921.
ED \.YALKER : Fulton Superior Court, November term, 1917; manslaughter; 10 years; approved December 9th, 1920, to become effective December 20th, 1920.
J OHX BRYAXT: Stewart Superior Court, April term, Hl04; murder; life; approved December 9th, 1920, to become effective May lOth, 1921.
PAT~J GIXX: Clarke Superior Court, October term, 1917; shooting at another; 3 years; approved December lOth, 1920.
OSCAR wiLLIS: Butts Superior Court, Octob<'r term, 1917; manslaughter; 10 years; approved December 14th, 1920, to become effective December 20th, 1920.
A. ~'. REA).IS: Lowndes Superior Court, l\fay term, 1918; manslaughter; 3 years; approved December 11th, 1920, to become effective February 28th, 1921.
BOB \YASHIKGTOK: Dougherty Superior Court, September term, 1919; manslaughter; 15 years; approYed December 16th, 1920.
ED L. \VILLIAMS: Brooks Superior Court, November tNm 1905; murder; life; approYe<l December 16th, 1920.
ZACK SMITH: Taylor Superior Court, October term 1917; manslaughter; 17 y(ars; approwd Decemb<'r 16th, 1920.

144

.JorRXAL oF THE SEXATE

ORLENA THOMA~: Cobb Superior Court, DPcember term 1917; manslaughter; 13 years; approved December 16th, 1920.
TOM Ii:II..L: Baldwin Superior Court, .Januar~ term 1913; manslaughter; 13 yean;; approYPd DPcember 16th, 1920.
FREEMAN HrGHES: Montg:omPry Superior Court, May term 1905; munler; lif<'; appron-'<1 DPcember 16th, 1920.
0. C. HARD\VICK: Terrel~ Superior Court, May term 1919; assault to murder; 4 ~Tears; apprond December 18th, 1920.
\YILT.. BRO\VN: Terrell Superior Court, Konmber term 1903; murder; life; appron<l DecPmlwr 20th, 1920.
JOE TOOMER: Houston ~up<.rior Court, Octob<>r term 1907; murder; life; appron<l Decpmber 20th, 1920, to become effectin March Bth, 1921 .
JIM TAYLOR: \V(lbster Superior Court, .April term 1911; murder; life; approvetl DPcember :20th, 1920, to become effectiw April 9th, 1~l~1.
ERNEST DAVENPORT: Fulton ~uperior Court, February term 1913; robbery; 1:2 yPars; apprond Dec(lmber 21st, 1920.
FLOYD HARRISOK: Terrell Superior Court, Spring term 1897; mtu<1Pr; life; approve<l December 21st, 1920.
GENE BRYANT: Mucogee SnJwrior Court, May term 1907; murder; life; approwd December 21st, 1920, to become effective June 26th, 1921.

S.urRDAY, .JrxE 25, 1921.

145

JIM POOLE: Early Superior Court, October term 1917; assault to rape; 15 years; approved December 21st, 1920, to become effective l\fay 28th, 1921.
L ULA EVERETT: Decatur Superior Court, November term 1904; mayhem; lift; approYed December 21st, 1920.
PERRY HOMER: Lee Superior Court, May term 1912; murder; life; approwd December :21st, 1920.
ALEX SMITH: Madison Superior Court, September term 1912; murder; life; appron~d December 21st, 1920.
LO"CIS OSLIN: ~'ulton Superior Court, December term 1910; murder; life; approved December 23rcl, 1920.
HENRY YOrNG: Grt>e11e Superior Court, August term 1913; rape; 20 years; appron<l December 23r<l, 1920.
JAMES CASON: Charlton Superior Court, March term 1918; attempt to munler; 4 ~-ears; approved December 2~nl, 1920, to become effectin June 7th, 1921.
ED,VARD BrSBIN: l\fadison Superior Court, September term, 1912; manslaughtPr: 20 years; approved .Tanuary 3rd, 1921.
FAIXIN VINCENT: Oconee SupNior Court, July term, 1916; murcl<:>r; life; approwd January 3rd, 1921.
MACK l\L-\ THE,YS: Haralson Superior Court, May term 1915; burglary; 12 years; approved January 6th, 1921.

146

JouRNAL OF THE SENATE

JIM NEAL: wilcox Buperior Court, March term 1911; murder; life; approved Januar~T 7th, 1921, to become effective May 1st, 1921.
FRANK PRINCE: Cherokee Superior Court, August term 1919; burglary; 5 years; approve<l January lOth, 1921.
ANNIE LANE: Chatham Superior Court, June term 1909; murder; lif<:'; approved .January lOth, 1921.
ROSA JOHNSON: Clarke Superior Court, April term 1917; forgery; 3 and 3 years; approved January 15th, 1921.
HENRY BENNEFIELD: Randolph Superior Court, May term ]J}09; murder; life; approved January 25th, 1921, to become effective May 23rd, 19:21.
SPURGEON McLENDON": Dooly Superior Court, April term 1912; murder; life; approved January 25th, 19:!1, to become effective ..::\ pril 4th, 1921.
GROVER C. OUTLAW: Richmond Superior Court, September term 1917; bigamy; 6 years; approved January 25th, 1921.
BONSIE BRUWKLEE: Butts Superior Court, February term 1915; manslaughter; 15 years; approved January :26th, 19:!1, to become effective March 26th, 1921.
W. A. KENNEDY: Clarke Superior Court, October term 1916; manslaughter; 10 years; approved Jannary 26th, 1921.

SATURDAY, JuNE 25, 1921.

147

GEO. L. NORMAND: Richmond Superior Court, February term 1917; bigamy; 6 years; approverl January 27th, 1921, to become effective February 12th, 19:?1.
MERRITT YARNER: Henry Superior Court, April term 1915; manslaughter; 10 years; approved January 27th, 1921.
LUTHER SMITH: Jasper Superior Court, May term 1919; manslaughter; 5 years; approved January 27th, 1921.
P AR.KS BURCH: ':Vhitfield Superior Court, October term 1917; aiding escape; 4 years and 3 mouths; approved February 2nd, 1921.
RUFUS POWELL: Dooly Superior Court, December term 1908; murder; life; approved February 2nd, 1921, to become effective June 7th, 1921.
MARSHALL PASCHALL: McDuffie Superior Court, March term 1910; murder; life; approved February 3rcl, 19:?1, to become effective March 27th, 1921.
ORANGE RUCKER: Franklin Superior Court, December term 1910; murder; life; approved February 3rd, 1921, to become effective June 8th, 1921.
DOCK KIDD: Clarke Superior Court, November term 1914; manslaughter; 10 years; approved February 3rd, 1921, to become effective April 30th, 1921.
RICHMOND GREEN: Terrell :-:luperior Court, May term 1919; manufacturing liquor; 3 years; approved February 4th, 1921.

1-t-8

JouRXAL oF THE SEXATE

"\VILL TRA"\VICK: Hancock Superior Court,

September term 1917; manslaughter; 10 ~cars; ap-

proved February 5th, 19:21, to become eff<>ctin' May

14th, 1921.

.

D.J. PRICE: Richmond Ruperior Court, J\ pril term 1m9; burglary; 3 years; approw(l .F'ebruary 7th, 1921.

TOM SMITH: Burke Superior Court, October term 1914; manslaughter; 10 years; approved February Dth, 1921.

\VATSON \VHEELER: wilkes Superior Court, February term 1918; rape; :20 years; approved February 9th, 1921.

NE\YTON \VELDON: Franklin Superior Court, April term 1917; manslaughter; 12 years; approve<l February 9th, 1921, to become effective ,June 16th, 1921.

GEORGE HARDIN: Burke Superior Court, October term 1915; manslaughter; 7 yt>ars; approwd February lOth, 1921.

JOHN COOK: Jasper Superior Court, August term 1917; manslaughter; 5 ~cars; appron:d February llth, 1921.

\VILLIS ELLISON: "\Vorth Su1wrior Court, .April . term 1911; murder; life; approwd February 16th,
1921, to become effectin~ June 12th, 19:21.

FRANK Tl:CKER: Liberty Superior Court, February term 1910; murder; life; approved February 16th, 1921.

SATURDAY, JFXE 25, 1921.

149

PEYTON TRUEHEART: Lowndes Superior Court, November term 1897; murder; life; approved February 23rcl, 1921.
PETE THOMAS: Stewart Superior Court, ~\pril term 1914; murder; life; npprowd February :28th, 1921, to become effective .\ pril 28th, 1921.
LEEMAN PARKS: Dawson Superior Court, February term 1917; burglary; 5 years; approv('d February 28th, 1921.
vVILL DAVIS: Mt>riwether Superior Court, August term 1907; murller; life; approved March 1st, 1921, to become effective March 28th, 1921.
JACK CAIN: Spalding Superior Court, February term 1909; murder; life; aprovecl March 4th, 1921.
STEPHEN PHYMATE: Butts Superior Court, February term 1912; murder; life; approved March 9th, 1921, to become effective April 21st, 1921.
CHANCEY LOVE: Bibb Superior Court, February term 1911; murder; life; approved March 9th, 1921.
JOHN HENRY SMITH: Crisp Superior Court, August term 1919; manufacturing liquor; :2 to 3 years ; approved March 9th, 1921.
PRINCE GALE: Glynn Superior Court, December term 1910; murder; life; approved March 12th, 1921.
SIMPSON BROvVN: Fulton Superior Court, September term 1913; murder; life; approw<l March 15th, 1921.

150

JorRNAL oF THE SE~ATE

ELLA AUSTIN: Clayton Superior Court, August term 1915; manslaughter; 20 years; approved March 15th, 1921.
GEORGE DILLARD: Houston Superior Court, April term 1908; murder; life; apprond March 15th, 1921.
MARK MOSES: Stewart ~uperior Court, Kovember term 1912; murder; life; approve<l March 19th, 1921, to become effective Non>mlwr 7th, 19~1.
FRED PETTY: Cobb Sup('rior Court, March term 1918; manslaughter; 8 years; approved March 19th, 1921, to become effective March :~r<l, 19~2.
JOSH \VEAVER: Greene Superior Court, February term 1909; murder; life; approved March 21st, 1921.
ROY SHENEYFELT: Floyd Superior Court, July term 1919; burglary; :1 years; approved March 21st, 1921.
MABEL LEMONS: Fulton Superior Court, March term 1919; manslaughter; 10 years; approve<l March 21st, 19~1; to become effective May ~Oth, 1921.
LEHMAN RUTLEDGE: Troup Superior Court, November term 1912; munler; life; approved March 25th, 1921.
LUCIUS GODFREY: Meriwether Superior Court, August term 1910; murder; life; approve<l March 29th, 1921.
CLEVELAND MARSHALL: Muscogee Superior Court, November term 1911 ; murder; life; approved March 29th, 1921, to become effective Jnly 30th, 1921.

SAT"LRDAY, J"LXE 25, 1921.

151

ROBERT BILLINGS: Stewart Superior Court, October term 1910; murder; life; approved April 5th, 1921.
MOSE BRADLEY: Fulton Superior Court, February term 1912; burglary; 18 years; approved April 5th, 1921.
.JESS POLSTON: Carroll Superior Court, April term 1909; murder; life; approved April 11th, 1921.
HAYWARD A. LESTER: Muscogee Superior Court, February term 1915; manslaughter; 15 years; appron.>d Aprilllth, 1921.
DAMON LEE : wilcox Superior Court, September term 1915; murder; life; approwd ~-\.pril 11th, 1921.
LESTER MITCHELL: Crawfonl Superior Court, March term 1916; munler; life; approved April 11th, 1921, to become eff0ctive .July 20th, 1921.
L. G. REAVES: Telfair Superior Court, April term 1917; manslaughter; 15 years; approved April 25th, 1921.
TOM MATHE\VS: lTpson Superior Court, November term 1909; murder; life; approved April 25th, 1921.
MAGGIE wiLLIAMS: Charlton Superior Court, October term 1912; murder; life; approved April
25th, 1921.
JACK SAILOR: Sumter Superior Court, May term 1919; assault to munler; 3 ~Tears; approved April 25th, 1921.

,Jo"C"RNAL oF THE HEXATE
,V. C. SKIPPER: :B,ulton Superior Court, March
term 1920; larceny; ~ to 5 ~ears; approYed April 25th, 19:21.
L~\YFIELD. HARRIS: Miller Surwrior Court, April term 1912; manslaughttr; 16 ~ears; approyed April 25th, 1D21, to become effectiYe June 18th, 1921.
CHARLEY SMITH: Montgomer~ Superior Court, March term 1910; manslaughtPI"; 15 years; approw{l May 5th, 1921.
McKINLEY HAMPTON: l<,ulton Sup<'rior Court, :B,ebruary term HH9; larceny; 4 years; appron~d May 11th, 1921.
ARTHuR LliJE DAVIS: Muscogee Superior Court, February term 1920; burglary; ~ ~ears; appron<l May 11th, 1921.
D. K. FITZGERALD: Cobb Superior Court, November term 1918; bigamy; 6 years; approw<l May 16th, 1921.
'VILLIAM JOHNSON: Fulton Superior. Court, October term 1919; burglary; 5 years; approved Ma~ 17th, 1921.
HENRY \YILLL\MS: Clinch Surwrior Court, Kovember term l~HO; nmrder; life; aprnoved May 17th, 1921.
ARTHUR BRU\VN AND EL:MON FrLWOOD: Dodge Superior Court, May te>rm 1907; murder; life; approved Ma~ 19th, 1921.
LEON JOHNSON: Bibb Superior Court, November term 19HJ; larceny; 2 years; approve<l Ma~ 19, 1921.

H.HCIWAY, .JL~E 25, 19:21.

15~3

JOHN HENRY IGVANR: Gordon Superior Court, February term 19:20; attempt to murder; 5 to 6 years; approwd May 20th, Hl21.
P. B. R:\XT.B.JR: \Yhitfield Superior Court, August term 1917; murder; lif<~ (Commuted to 10 years) ; approYed May 23nl, 19:21.
HENRY McDANIEL: Fulton Superior Court, .April term 1919; rape; :W years; apprond May 24th, 19:21.
JERRY KEY: .Jasper Superior Court, February term 1916; manslaughter; 10 years; approYecl May 24th, 1921.
ELLA 1\HLLR: Montgomery Superior Court, May term 1918; manslaughter; 20 ~-ears; approYed May 27th, 1921.
..:\LOKZO HORTON: Spalding Supt"rior Court, J auuary term 1907; murder; life; approYetl May 27th, 1921.
NEWMAN \YHIT.AKER: Cobb Superior Court, March term 1915; burglary; 10 years; approved May 27th, 1921.
JIM WRIGHT: Charlton RupPrior Court, April term 1911; mauslaught<r; 14 years; approwd May 27th, 1921.
WILl.. :MriUL\ Y: RichmoU<l Surwrior Court, :H'ebruary term Hlll ; murder; life; approYe<l May 27th, 1921.
.J. .K ~fc DOK..\ LD: Calhoun Superior Court, Dt"cember term 1917; manslaughter; 9 years; approYecl June 4th, 1921. .

154

JouR:\'AL oF THE SEXATE

-wARREN CRIS,VELL: Twiggs Superior Court, April term 1896; wrecking train; lifP; approved June 9th, 1921.
JIM FAVOR.S: Ji,ayette Superior Court, December term 1912; murder; life; approwtl .June llth, 1921.
CARRIE SCOTT: warren Superior Court, October term 1911; murder; life; approved .June 12th, 1921.
PORTER .JONES: Putnnm Suptrior Court, Spring term 1908; murder; life; approw<l .June 13th, 1921, to become effectiv<> June :25th, 19:21.
EUGENE CAMPBELL: Fulton SupPrior Court, May term 1917; robbery; 8 ~cars; approv<'<l .Jum 13th, 1921:
"TILL KENDRICK: Terrell Superior Court, May term 1907; murder; life; appron<l .Jnne 17th, 1921.
R. H. MAY: Decatur Superior Court, .January term 1919; manslaughter; 18 ~ears; approw<l .June 16th, 1921.
HUGH L:HARRISOK: Chatham Supt>rior Court, August term 1913; munhr; lif<>; appron<l .June 20th, 1921, to become effective August :Hst, 19~1.
"WILL SAINE: Lumpkin Superior Court, April term 1916; murder; life; approved June 21st, 1921.
"WARREN" CLEMENTS: Lown<les Superior Court, May term 1914; murder; life; approve<l .June 22nd, 1921, to become effectin June 30th, 1~):?1.

SATLTRDAY, .JrxE 25, 1921.

155

CHARLIE BRO"\YN: .Jenkins Superior Court, May term 1916; manslaughter; 10 years; approved June 22nd, 1921.
B. C. Al\1MONS: Sumter Superior Court, November term 1917; bigamy; 7 years; approved June 22nd, 1921, to become effective July 28th, 1921.
JESSE JACKS: Heard Superior Court, September term 1912; munl<.>r; lifP; appro\e<l ,June 22ml, 1921.
DAVE RICE: Fulton Superior Court, October term 1919; manslaughter; 3 years; approved June 22nd, 1921, to become effective July 14th, 1921.
MACK NELSON": \.Yalker Superior Court, August term 1916; murder; life; approved J nne 22ncl, 1921, to become effective September 6th, 1921.
LOYD BEYERLY: "Cpson Superior Court, March term 1919; shooting- at another; 4 years; approved June 22nd, 1921.
J;..,RED PERRY: \Vilkes Superior Court, March term 1900; murder; life; approved June 22nd, 1921.
\VILL KIMBELL: Henry Superior Court, October term 1916; manslaughter; 10 ~ears; approved June 22nd, 1921.
A. P. CHANDLER: Fulton Superior Court, May term 1916; burglary; 20 years; approved June 22nd, 1921.
G. C. RAY: Decatur Superior Court, May term 1911; murrler; life; approved June 22nd, 1921.

156

.JouRXAL oF THE REXATE

-w. C. S"CLLIVAK: Fulton Superior Court, Feb-
ruary term 1920; burglary; 1 to 5 and 5 to 10 ~<a rs;
appro-ved June 24th, 1921.

LUCIAN BRO\\N: Pulaski Superior Court, Ma~ term 1911; murder; life; approw<l .June 24-th, 1921.

FRED COPELAKD: Clayton Superior Court, February term 1919; larceny; 5 years; apprOY<'<l June 24th, 1921.

CHARLIE MAKK: Clayton Ruperior Court, .:\ ugust term 1904; murder; life; approYe<l .June 25th, 1921.

COMM"CTATIOKS.
The following cases in which commutations were granted, were recmi1men<led by the Prison Commission, except as noted.
BABE HENDERSON": "\Valton Sup<'rior Court, February term 1913; larceny an<l burglar~; 5 awl 5 years. This applicant was paroled July ith, 1919, at which time the Governor stated that his sentenc<' would be commuted at an~ time the Prison Commission so recommended. ..:\ fter se1Ting a ~-e>a)' on parole, the Prison Commission recommen(le<l commutation, stating that applicant ha(l compli<<l with the conditions of his parole and demeaned himself in a proper and satisfactory manner. Sentence> commuted to present servic<' .July 16th, 1920.
FRANK LOKG: Fannin Superior Court, October term 1919; violating prohibition law; 12 months. Applicant and John Payne were jointly tried and conYicted, and J olm Payne sentenced to pay a fine of

~ATCRD.-\T1 ,JrXE 25, 1921.

157

$500.00. rpon recommendation of the trial Judge, applicant's sentence commuted to the payment of a fine of $500.00 .July 16th, 1920.
PICK COLEMAN": Emanuel Superior Court, April term 1920; selling liquor; 12 and 12 months. Upon recommendation of the trial .Judge, applicant's sentence commut0cl to present senice .Jul~ 16th, 1920.
MEL .JOHNSOK: Tattnall Supt>rior Court, ,January term 1914; burglary a11<l forgt>ry; 6 and 5 yt>ars, Applicant serY<:'<l his six y0ar S(ntPnce and nearly two years of his five year sPntence. Upon recommendation of the trial Judge and about 500 citizens of Tattnall County, applicant's sent0ncc commute<l to present service July :-31st, 1920.
ULYSSES GOOLSBY: Early Superior Court, December adjoumecl term 1917; munler; to hang. In view of the facts as disclosed in the record in this case, the affidavit of the chief witness for the State, and statements from representative citizens that this conviction was wrong, applicant's sentence commuted to life imprisonment September 16th, 1920. The Prison Commission decline<l to rt'commend clemency in this cast'.
"\VALTER ODrM: Thomas Sup<>rior Court, Kovember term 189:3; arson; life. In view of applicant's old age, his long service, and physical condition, his sentence commuted to prPsent service September 22nd, 1920.
HO.WARD THRASH: Fulton ~uperior Court, April term 1920; larcc>ny; 12 months. "Upon recom-

1;"i8

.Jo-cRXAL OF TIIF: SEX.\TE

mendation of the trial .Judge, Solicitor-General, an<l others, sentence commuted to present serYice upon payment of $?0.00 fin0, OctohPr 4-th, 1920.
PEARLY HENDRIX: Tattnall Superior Court, .July term 1914; burglary; 10 .n'<HS. In Yi<'\\. of applicant's youth aiHl goo<l. elwractPr pn,ions to this offense, and upon r0conmwndation of tll<' SolicitorGeneral, prosecutor, and trial jurors, his sentence commuted to presPnt SPITICP ( lctolwr Hth, 19:!0.
LUTHER POPE: Fulton SupPrior Court, .Jul~ term 1919; burglary; 2 years. F pon recomnwiHlation of the trial Judge, Solieitor-Geiwral, an<l prosecutor, applicant's s<>ntellCP cmnnmt<><l to prest>nt serYice October 8th, 19:20.
wiLL \VRIGHT: Chatham Superior Court, March term 1919; rohlwr~; 10 years. Upon recommendation of the trial .Ttl<lg<' Solicitor-GcnPntl, awl all of the trial jurors, applicant's sentence commuted to present sen-ice DecPmlwr 6th, 1~):!0.
P. B. BAXTER: \Yhitfiel<l Sup<>rior Court, August term 1917; munler; lif0. Commutation to present service was ncommPIHl<>d b~- thP trial .Ju<lg<>, Solicitor-Gen0ral, grand and pdit jurors, tlw Prison Commission, and mm1~ of tlw lea<ling citizPns of \Vhitfield County. In Yie\\ of tlw facts of tlw case and these recomnwndations, applicant's sentenct was commuted from lifP imprisonment to a tPrm of ten years, December 11th, 19:!0.
JOHN PONDER: Monroe SupPrior Court, No,cmber term 1919; manufacturing liquor; :~ y<::ars.

~ATCHDAY, ,Jcc-;E :23, 1H:21.
r pon recommendation of the trial ,Judge, applicant's
sentence commute<l to present seiTice DPcPmber 16th, 1920.
ARTIE McRAE: Cit~ Court of Tifton, Konmber term 19:20; larceny; G months. In view of statements of the trial Jwlge, solicitor, and otlwrs, indicating applicant's imbecility, sentence commuted to present service Dt>cember 16th, 19:20.
LUM ALLEX: \Vilkinson Sup!>rior Court, October term 1914; assault to mun1Pr; ] 0 ~ears. Upon recommendation of the trial .Tudge, Solicitor-General, six of the trial jurors, an(l others, sentence commutt><l to present senice December :20th, 19:20.
S.AN:B,ORD EARLY: Fulton Superior Court, Fall term 191 ;{; burglary; 10 ~-ears. In ,iew of applicant's youth, thP length of time serve<l, awl the reconmH'llllations of a large number of citizens of ..\.tlanta, sentence commuted to prcsent senice December 21st, 1920.
BESSIE SMITH: J olmson Superior Court, October term 1914; munlLr; life. Upon reconnnendation of the trial .Judge, Solicitor-GtIwral, awl others, sentence connnute<l to present service December 21st, 1920.
JEFF GUYTON": Dool~ SupPrior Court, ~\ugu~t term 1919; burglary; 5 years. In view of affidavits by two men admitting the burglary and exonerating applicant, his evident ignorance, his age, his previous good character, and recommendation of the Solicitor-General, applicant's sentence commuted to present service December :2:2nd, 19:20.

160

Jo"LTRXAL OF THE SExATE

EZEKIEL MOSES: Stewart Superior Court, October term 1912; murder; lifC'. Upon recommendation of the trial .Tuclge, Solicitor-General, nin<' of the trial jurors, the prosecutor, mHl a large number of citizens, applicant's sentPllCC' commutPcl to present service December 23rd, 1920.
CHARLES ROSS: Crisp Superior Court, ~\ugust term 1912; murder; life. This applicant is an ol<l man about 70 years of age. In virw of his good character previous to this offens<', his good prison record, tlw facts of the crime, aiHl recommrndations of the county officers of Crisp County, sent<.'nce com-
muted to present service Decemb<'r 23rd, 1920.
ALEX TOMBERLIN: Coffee Superior Court, Nowmber term 1913; mtmlrr; life. This applicant was paroled October 28th, 191'9, and ma<le an excellent record as a paroled prisoner. In view of the great provocation applicant luul for the homicide and the character of the negro he killed, s<'ntence commuted to present sr1Tice Drc<>mber 28th, 1920.
.JAKE TRAMMELL: Meriw<>tlwr Superior Court, Spring term 1906; nnmler; lifP. This applicant was paroled March 26th, 1918, aml it is shown that he made a good record on parole. In vi(~W of this and the fact that th<.'re is some doubt as to his guilt, sen-
tence commuted to present service .January 4th,
1921.
BILL WOOD: Oglethorpe Superior Court, May term 1920; escape; 12 months. Upon recommendation of the trial Judge and Solicitor, applicant's sentence commuted to present service J amull'~ 6th, 1921.

SATURDAY, .Je~E 25, 1921.

161

GEORGE PROPES: Fulton Superior Court, November term 1917; manslaughter; 5 years. This applicant was paroled December 31st, 1919. In view of the circumstances of the homicide and his good record, applicant's sentence commuhd to present service January 6th, 1921.
CHARLEY ALLEN: Henry Superior Court, April term 1906; murder; life. This applicant was paroled in August, 1918, at which time the trial Judge recommended a pardon. Clemency was also recommended by the Solicitor-General and others. In view of these recommendations and his good record since being paroled, applicant's sentence commuted to present service January 26th, 1921.
JIM RICHARDSON: Fulton Superior Court, June term 1908; murder; life. This applicant was paroled January 8th, 1920, and complied with the conditions of the parole.. In view of his good record and the facts of the crime, sentence commuted to present service January 27th, 1921.
GEORGE \VILLIAMS: Jackson Superior Court, February term 19] 2; attempt to murder; 10 an<l 10 ~'ears. In view of applicant's good character previous to this conviction, his good reconl as a prisoner,
aiHl the facts of the crime as presented to me, his
sentence commuted to present service January 27th, 1921.
\VILLIAM \VALTERS: Chatham Superior Court, October term 1903; burglary; 20 and 20 years. This applicant was paroled September 18th, ] 919, and made a good record on parole. In view of the facts of the offenses as presented to me, the length of

Hi:2

,JocRXAL oF THE SEXATE

time Hpplicant has setT<'<l and his goo<l conduct, sPntence commuted to presPnt serYic<' ,January :nst, 1921 .
JACK KIRK: Cit~ Court of Duhlin, .TamuH~
term 19:21; single larcPny; 6 months. r pon recom-
mendation of tlw trial .Ju(lgr, Solicitor, prosecutor and citizens, applicant's s<>ntPnc<> conmmte<l to prpsent senicc F<>bruary 1st, 19:21.
LEYI GANTT: .JaspPr Snp<>rior Court, DPCPlllb<>r term 19:20; larcmy; 12 months. In Yicw of facts 1:ow <lenloped which wer(> not presPntPd to tlw Court at the tinw Hpplicant was srnt<>nce<l, an<l the recommemlation of the trial .Ju(lgr and Solicitor, applicant's sentencr commutr<l to present srrYicr FPhruary :2nd, 1921.
wiLL wHITJi~: Clark<> Superior Court, .April term 1916; manslaug-ht<r; 1:5 ~pars. This apfJlicant was paroled March 8th, 1918, t~n<l it is shown that he has complie(l with the con<litions of the parol<. His parole offic<>r states that applicant is now in very bad lwalth. Sent<:>ncP connnnted to prPSPnt service Februar~T :~r<l, Hl:21-on1Pr to lwconw <'ffPctive April 25th, Hl2l, aft<>r fiw full ~pars ~wrvice.
..:\LEX CARR: Fulton ~UJwrior Court, R<>ptPmlwr term 18~)4; mun kr ; to hang. .\ ftpr ha ,ing lwen convicted of munl<r, applicant was tri<<l for lunacy and committe<l to the GPorgia State Sanitarium for the Insane, where he has heen for the last ~3 years. Certificates from the Superinten<lent of this Institution state that in his opinion, applicant is hopelessly insane. The family of the defendant, in obedience to a death hc<l 's request of this man's

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mother, beg that he be permitted to die relieved of the death sentenc<'. Believing that applicant will remain for the babmc(' of his days in the Asylum for the Insane and that probably at the time he committed this most inc-xcusahle and most unmitigated crime he must han' heen nwntall~- unbalanced, sentence commutPd to ]H'Psent SPJTic(i" li,ebruar~ 10th, 1021.
~J. J. l\Ic KKKZHJ: G"imwtt Huperior Court, March tHm 191:2; burglar~; 1:2 ~ems. This applicant was paroled Decemlwr 1:2th, 1918, and it is shown that he has complied with the conditions of the parole. In view of this an<l the fact that he will haYe completed tlw SPITice of his sentence on May 9th, 19:21, allowing him good time, to which he is entitled, sentPHC<' connuute<l to present service Ma reb 9th, 19:21.
KET_.HE HOOD: Laurens Ruperior Court, October term 1914-; manslaughter; 10 )'Pars. This applicant was parole<l December :3r<l, 1918, and it is shown that he has made a good record on parole. In view of the facts of the crime and applicant's good record both before and since the conviction in this case, his sentence commuted to present sc>rvice March 12th, 1921.

CLAUDE SEALS: Fulton Superior Court, March term 1911; robbery; :20 years. This applicant was paroied May 7th, 1917, and it is shown that he has complied with the conditions of the parole. A number of good citizens urge clemency because of applicant's excellent record since being paroled. In view

] 6-t

J OFRXAL OF THE 8EXATE

of these recommendations an<l applicant's physical condition, sentence commuted to present service and citizenship restored March ] 7th, ] 921.
MARTHA HARRIS: -Wilkes Superior Court, December term 1914; murder; life. This applicant was paroled December 6th, 1919, and it is shown that she has complied with the conditions of the parole. She is very old and it is represE>nted that she bore a good reputation pr<>vious to this con-dction. Sentence commuted to present service March 19th, 1921.
J. W. BISHOP: Muscogee Superior Court, November term 1917; misdemeanor; 8 m~nths. Applicant was convicted in 1917 and his sentence suspended. The defendant could have been probated for a certain period, and if that had b0en done, he would be free now, and probabl~' that is what tlw Court intended. It is shown that applicant's deportment has been good over three years since conYiction. Sentence conmmted to present service March 21st, 1921.
SAM HAMMONTREE: -Whitfield Superior Court, January term 1920; burglary; 12 months. Upon recommendation of the trial Judge, SolicitorGeneral, all of the trial jurors, and a large number of citizens of Whitfield County, and especially be-cause it is shown that applicant is mentally defective, sentence commuted to present s0rvice March 21st, 1921.
JACK THOMPSON: Muscogee Superior Court, February term 1918; misdemeanor; 12 months. Applicant was convicted in 1918 and his sentence sus-

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165

pended. The defendant could have been probated for a certain period, and if that had been done, he would be free now, and probably that is what the Court intended. It is shown that applicant's deportment has been good since this conviction. Sentence commuted to present service March 21st, 1921.
OSCAR BRIGHAM: Bibb Superior Court, February term 1920; shooting at another. In view of the recommendations of the Solicitor-General and prosecutor, and especially because of the condition of applicant's family, sentence commuted to present service March 29th, 1921.
CARL NUNNALLY: ScreYen Superior Court, August term 1919; misdemeanor (3 cases) ; 10, 8 and 6 months. This applicant served two of his sentences and had only a short while longer to serve on his last sentence. Upon recommendation of the present Solicitor and others, and because applicant has a wife and four children dependent upon him, sentence commuted to present service April 11th, 1921.
SARAH HOLMES: City Court of Macon, J ariuary term 1921; stabbing; 5 months. Because of applicant's physical condition, her sentence commuted to present service April 22nd, 1921.
ED BOSTON: Dooly Superior Court, September term 1906; murder; liff>. In Yie" of applicant's previous good character, his good record as a . prisoner, the length of time served, the facts of the crime as presented in this application, affidavits of eleven of the trial jurors to the effect that since the trial thev have learned of certain facts, which, had

166

.JouRXAL OF THE SE~ATE

they been presente<l at the trial, "'ould haY<> cause<l their yerdict to have bPen <:>ither for a lesser off<>nsP than murder or for an acquittal, and tlw recommendations of the prosecutor <lll<l others, applicant's sentence commut('(l to present service April 25th, 1921.
SEABORN MORRIS: Pike> Superior Court, April term 1908; mur<ler; life. This applicant was parole<l March 20th, 1920, an<l it is shown that he has complied with the conditions of tlw parole. He "'as only 17 or 18 old when 'the crime was committe<1. Full and complete par<lou rccomnH'lHled by about 50 citizens of J\feriwether County, who state that tlwy han known applicant since he has been rel<:>as<:><l on parole, that his concluct has been good an<l that he has shown himself to be a hard worker. Sent<:>nce commuted to pres<:>nt service May 7th, 1921.
R. B. FLOYD: Laurens Superior Court, Dec(mber term 1912; murder; life. This applicant was paroled March 17th, 1920, and it is shown that he has complied with the conditions of the parol<>. Appficant is a cripple and it is shown that pnvious to this conviction he borf' a goo<l character. R<>ntenc<' commuted to present setTice an<l citizenship restore<l May 11th, 1921.
BUSTER SIMS: "Talton Superior Court, February term 1909; rapP; 20 years. This applicant was paroled May 5th, 1920, and it is shown that lw has complied with the conditions of the parole. It is shown that applicant was very young when he was convicted of this crime and that he was a ver~ obedient boy previous to this conviction. In view

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167

of his good conduct before and since this conviction,
sentence commute(l to present service May 12th,
1921.
DAVE BO\YDEN: Putnam Superior Court,
September term 1D20; murder; to hang. Because
of evidence submitted with this application, which was not before tlw Court and jury, sho"ing that applicant is. of Yery weak mentalit~v-had ''crazy spells'' and at such terms ''did not mulerstand what he did," while at other times he was "a good, peaceable and humble negro,'' and upon recommendation of the trial Jmlge, Solicitor-General, some of the jurors, Sheriff and other officials, ap-
plicant's sentence commuted to life imprisonment,
May 17th, 1921.
NELSON MARSHALL: Thomas Superior Court, October term 1906; munler; life. This applicant was paroled Nmember 14th, 1919, and it is shown that he has complie(l \Yith the conditions of the parole. There are testimonials in the file showing the good character an(l reputation of applicant previous to this con...-iction aml his good behavior since being receind in prison. In view of the facts of the crime and length of time served, applicant's sentence commuted to present ser...-ice Ma; 17th, 1921.
JACK MOORE: Jasper Superior Court, .August term 1909; munler; life. This applicant was paroled March 20th, 1920, and it is shown that he has complied with the conditions of the parole. In view of his good character previous to this conviction,

168

Jo"L""RNAL oF THE SENATE

the facts of the crime, the affhhwits an<l r<>commendations submitted, applicant's sentence commuted to present service May 17th, 1921.
JIM HENRY: Muscogee Superior Court, November term 1910; murder; life. This applicant plea<l guilty. The Solicitor-General states: '' H~ul he been defended it is more than likely that a verdict of guilty of voluntary manslaughter woul<l hav<> been returned." Affidavits an submitted from two of the State's witnesses, and if they ha<l tC'stifie<l to tlw facts set out in these affidavits, it is probable that applicant would have beC'n acquitted-cPrtainly would not have been convicted of a greater crime than voluntary manslaughter. It is shown that applicant bore a good character previous to this conviction and has made a goo<l reconl as a convict. Applicant's sentence commuted to pres<>nt s<>rvice May 17th, 1921.
J. C. TURNER: Butts Superior Court, August term 1913; n~urder; life. This applicant, his brother and father were charge<l with murder. His father was comTicted and hung. His brother was permitted to plead guilty to voluntary manslaughter and was sentenced for a term of five years, which has been served. It is represented to me that applicant was a young boy at the time, and his father just before he was hung, acknowledged doing tlw killing. Clemency is recommended by seven of the trial jurors and a number of citizens of Butts County. Applicant's sentence commuted to present service May 19th, 1921.
P. A. COONER: Charlton Sup<>rior Court, October term 1914; manslaughter; 10 years. This appli-

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169

cant was paroled .January 25th, 1917, and it is shown that he has compli<d with the conditions of the parole. Applicant is now recommended by a number of citizens who state that since his parole, he has ma(le a goo<l, law-abi<ling citizen, an<l that before his conyiction, lw bor<' n good reputation. Applicant's sentrnc<> commut<><l to present serYice ancl citizenship rrstorr<1 l\1 a~ 1!Hh, 1921.
CICERO \VILLLDfR: Fulton RupE'rior Court, Fall term 1905; nnml<'l'; lif<'. This applicant was parole<l December lOth, 1917, a11<l it is shown that he has complie<l with the conditions of the parole. It is also shown that preYious to this conYiction, applicant bore a good reputation. There are some extenuating circumstances att('n<ling the commission of the crime, owing to which fact, together wit~ his e~emplary conduct since COIJYiction, his sentence commute<l to prrsent S<'l'Yic< l\fay 19th, 1921.
\YILLIXl\'f McMILL.:\N: \Vilcox Superior Court, November term 1890; munlN; lif<. This applicant was parole<l J anuar~ 2n<l, 1920, anll it is shown that he has complied with the coH<litions of the parole. Before being parol<<l, applicant S<'ITe<l oYer 29 years in the penitPntiary and has a clear record as a prisoner. He killed anothrr nrgro an<l claims that he shot in self-defensP. It is now shown that applicant is old an<l in very bad hralth. Applicant's sentence commutC'<l to pr0se>nt setTicP May 20th, 1921.
EZRA C. CHE\VNING: D<>Kalb Superior Court, July Special term 1!'>16; manslaughter; 15 years. This applicant was parol<d ( >ctober 28th, 1918, and it is shown that he has compliP<l with the conditions

170

.JOURXAL OJ~ THE SEXATE

of the parole. In view of the excellent character of the applicant previous to this conviction, an<l his good behavior before anc1 since he has lwcn paroled, his sentence commuted to pr<>sent seryic<> mHl citizenship restore<l Ma~' 20th, Hl21.
JAMES FREEMAN": Tnttnall Snpe>rior Court. April term 1892; mlml<>r; lif<>. This applicant was paroled November JBth, JD15, aU<l it is shown that he has complietl with tlw conditions of tlw parol<. Applicant was convict<><l upon circumstantial <>ddence all(l he still claims that tlw homicid< was an accident. In view of the l<>ngth of time applicant has served and his goo<l record, his sentPBC<' commuted to present seiTice 1\Iay 2:1n1, 19:21.
SNAP KITCHENS: washington Sup<>rior Court, September term J ~n :~; munl<r; life. It is shown that" applicant was onl_,. 15 yPars ol<l at tlw tinw the crime was committed; that hiH participation in the commission of the crime was slight, lw m<'rPl~ being present; that his two brothers <li<l the actual shooting an<l werP both c<mYict<'<l an<l lnmp;. In view of this and the recomnwn<lations of tlw trial .Judg<, seven of the trial jurors, tlw pro~wcuting attorney, and several County officer:,;, applicant's SPUtPnc<> commuted to presPnt senicP l\1<1.~ 24-th, Hl~l.
BARNEY HARDISON": f';umt<'r ~u1wrior Court, Noyember term 1920; burglary; 1~ months or :1 months and $50.00 fine. In Yit>w of tlw statenwnt and recommendation of tlw trial .Tu<lge, applicant 'H sentence commuted to }W<'s<>nt serYic<' upon pa~nwnt of a fine of $50.00.
HENRY DAVIS: City Court of Carrollton, D<>cember term 1920; carrying conc<'al<d w<apon; 9

8ATFRDAY, ,Jt:XE 25, 1921.

171

months or $150.00 fine. It is shown that applicant is in the last stages of tuberculosis and his release is r<'commewle<l by the trial .Judge, Solicitor, County Physician, and otlwrs. Applicant's sentence commuted to present st>rvice l\fa) 2.J.th, 1921.
HI!~NRY KING: Fulton Superior Court, December term 1902; murder; life. This applicant was paroletl ]j.,ebruary 1~Hh, 1~l20, awl it is shown that he has complicd with tlw contlitions of the parol('. Applicant served over seventeen )'ears in the penitentiary before being paroled. In view of his good character previous to this conviction, his good record b('fore and since being parol<>d, an<l the fact that he was convicted on circumstantial evi<lence, his sentence commuted to present senice Ma) 28th, 1921.
TOM BASS: Colquitt SupPrior Court, May term 1897; murder; life. This applicant was paroled January 4th, 1919, antl it is shown that he has complied with the conditions of his parole. Before being paroled, applicant sernd nearly 22 years in the penitentiary. It is shown that applicant was never in trouble previous to this offense, allll that his record as a convict has been good. Applicant's sentence commuted to present servic(' Ma)' 27th, 1921.
KELLY MINCEY: l<~nunmPl SupPr1or Court, October term 1908; murder; lif<>. This applicant was paroled October 4th, HH~l, and it is shown that he has complied with the conditions of the parole. In view of his good conduct since being paroled, the circumstances under which he entered plea of guilty, the facts of the crime as shown by affidavits, and his good character previous to this offense, sen- tence commuted to present senice :May 27th, 1921.

,_ 1~.)

,JOt:RXr\l, O.F THE :-:lE:\'ATE

G~OHGE BALL: Habersham Stl}wrior Court, Septemb0r term 1911; robb0ry; 20 years. This applicant was parole(1 May 7th, Hl~O, and it is shown that he has complied with tl1<> conditions of the parole. It is shown that applicant horc> a goo(l character preYious to this conYiction mHl that his deportment as a prisoner has hec>n good. Applicant's sentence commuted to present service May 27th, 1921-order to become 0ffe<rtivc S<>ptemb(r 4th, 1921, after ten full years service.
PETE RUSSJ.iJLL: Mitchell Superior Court, .Jul~, tNm 1905; murder; life. This applicant was parole<l April 4th, 1918, and it is shown that he has complied with the conditions of the parole. In view of the length of time applicant served anll his goocl record as a prisoner, his sentPnce commutN1 to present service May 27th, 1921 .
TOE SAMPSON: Bulloch Superior Court, 1\fay term 1900; murder; lif>. In view of the length of time applicant has serv0d-a little ov<>r 21 yearsand the facts of the crime as stated in his application, his sentence commut<:'<l to present senice May 27th, 1921.

EMMETT ISON: Spalding Ruperior Court, 4\ugust term 1919; larceny; 4 years. This applicant was paroled October 11th, 1920. In view of the fact that this applicant was severely injured in the head when a small boy, since which he has been mentall~T deficient to a certain extent, being easily influenced, and further in view of the fact that this was his first conYiction, and clemency being recom-

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173

mended by the trial .Judge, Solicitor-General, and prosecutor, his sent<nce commuhd to present service and citizenship restore<l June 1st, 1921.
\VALT GLASS: Fayette Superior Court, March term 1915; manslaughter; 9 years. This applicant was paroled October 4th, 1919, and it is shown that he has complied with the con<litions of the parole, that he bore a good character previous to this conviction. The trial jurors and others recommend pardon. Applicant 'R sentence commuted to present service June 4th, 1921.
ADDIE BINKS: \Vilkes Superior Court, February term 1916; munlc>r; life. This applicant was paroled May 4th, 1920, and it is shown that she has complied with the con<litions of the parole. In view .of applicant's good ncorcl both before and after her conviction, the circumstances of the homicide, her sentence commuted to present service .Jnne 4th, 1921.
LENA BELLE \V~\RRBJN: Hancock Superior Court, March term 191~1; munler; lif<'. This applicant was parole<l February 13th, 1920, and it is shown that she has complied with the conditions of the parole, that sh<' bore a good character previous to this conviction antl that her record as a prisoner was excellent. B('fore applicant was paroled, the trial Judge, Solicitor-General, all 12 of the trial jurors and others recommended that her sentence be commuted to present serdce. Applicant's sentence commuted to present service June 4th, 1921.
J. B. MOSLEY: Columbia Superior Court, March term 1921 ; burglary; 12 months. In view of the certificates of two physicians attached to this ap-

174

JouRXAL OF THE SEKATE

plication stating that applicant is insau<', and further in view of the statenwnt .of the Chairman of tlw Board of County Commissi01wrs of Columbia County stating that applicant is insane ana asking for clemency in order that he ma~ be trie<l for lunac~, which is recommended by tlw trial .Judg-e all<l Holicitor-General, applicant's sent<nc<' commut<d to pr<'sent service June lOth, 1921.
J. R. COLEMAN: Ben Hill Ruperior Court, .Tul~ term 1918; manslaughter; ] ~ear. This atJplicant was tried twice. In view of the statements and recommendations of both of the trial .Judges, tlw statement of the Solicitor-General, an<l because of this man's physical condition and age, his Hent<>nc<' commuted to present service .Tune lOth, 19:21.
JAMES LOCKETT: City Court of Carrollton, January term 1921; carrying conceale<l W<'apon; !) and 9 months. In view of the good character of applicant previous to this cmwiction, the facts <liscovered since applicant's conviction, aiHl the stat<ment of the Solicitor, applicant's sentence commute<l to a term of 9 months June 11th, 1921.
GREEN MERHVETHER: Calhoun Ruperior Court, December term 1909; munl<r; life. This applicant was paroled March 19th, 1920, all<l it is shown that he has complied with the conditions of the parole and that he has demeaned himself in a proper an<l satisfactory mmmPr. In view of applicant's good record both beforP and since being paroled, his sentence conunute<l to present serv1ce .June 13th, 1921.
LETHIA BIGDOK: Laurens Superior Court, July term 1910; murder; life. This applicant was

175
paroled September 25th, 1919, and it is shown that she has complied with the conditions of the parole and that she has demeaned herself in a proper and satisfactory manner. This homicide was committed under Yer~' great J1rovocation, and in view of the goo<l character of applicant preYious to this offens<>, and lwr exc<'ptionally goo(lr<'cord as n prisoner, lwr sentenc<> comnmtNl to pn's<'nt S<'rYice .Jmw l~th, 1921.
CHARLIE ALLEN: Emanuel Ru1)erior Court, October term 1909; murder; life. This applicant was paroled December 21st, 1919, and it is shown that he has complied with the conditions of the parole and that he has demeane(l himself in a proper all(l satisfactory manner. In view of the showing made in the record an<l applicant's goo<l reconl both before and since being parole<l, his sent('llCP commute(l to pres<>nt SPlTice J nne 1:3th, 1921.
l\L R.. BOSTICK: Lowndes Superior Cou~-t, NoYember term 1916; forgery; 7 years. This applicant was paroled ,Jmw 5th, 1920, and it is shown that he has complied with the conditions of the parole and that he has demeaned himself in a proper and satisfactory manner. In Yiew of applicant's good clunacter previous to conviction, his good record both before and since being paroled, and the recommendations of the prosecutor and others, his sentence commuted to present s<'rYicP mHl his citizenship restored .Tune 13th, 1921.
ROBERT \VILLIAMR: Lmmdes Superior Court, May term 1896; munler; life. This applicant was paroled February 28th, 1920, an(l it is shown that he has complied with the conditions of the parole.

176

Jo"LRXAT, oF THE SEXATE

Before being paroled, this applicant serYe<l hnntythree anu a half years in the penitentiary. Because of his good record both before and since being paroled, sentence commuted to present setTice .June 13th, 1921.
JOHN BUTLER: Berrien Superior Court, October term 1903; murder; life. This applicant was paroled July 16th, 1914, and it is sho\\"n that he has complied with the conditions of the parole and that he has demeaned himself in a proper and satisfactory manner. Before applicant was paroled, tlw Prison Commission recommende<l commutation to present service ''On account of the heroic conduct of the applicant on or about the lOth day of September, 1906, in saving the life of a guard, .J. J. Steplwns, and in preventing the escape of two other prisoners in the custody of said guar<l, an<lntHlering the guard all necessary assistance in nmo,ing him to the camp where he could secure proper attention, we think he deserves a reward at thP hands of the State, and no better or more suitable r<>ward could be given in recognition of said conduct than by commuting his sentence.'' Because of applicant's excellent record both before awl Hince being paroled, his sentence commute<l to pres<>nt servic<' .June 13th, 1921.
GEORGE LOVETT: Screven Superior Court, December term 1898; murder; life. The Prison Commission recommend parole. This applicant has served nearly 23 years in the penitentiary and the Warden states that his conduct has been exceptionally good and that he has been a faithful trusty for the past eight or nine years. In Yiew of the

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177

facts of the homicide as shown in the record and the long and faithful service of this applicant, his sentence commuted to present service June 15th, 1921.
MILTON O"WENS: Stewart Superior Court, October term 1903; murder; lif('. 'This applicant was paroled May 14th, 1919, and it is shown that he has complied with the conditions of the parole and that he has demeaned himself in a proper and satisfactory manner. The evidence shows there was some provocation for this crime. In Yiew of applicant's previous good character and his good record both before and since being paroled, his sentence commuted to present senice June 22nd, 1921.
wiLL GATES: Troup Superior Court, November term 1920; larceny; 1:2 mouths. In Yiew of th<' recommendations of the trial Judge, Solicitor-General and Prison Commission and on account of the death of applicant's wife and the condition of his children, his sentence commuted to present service June 22nd, 1921.
WILL JOHKSON: Clinch Superior Court, April term 1906; murder; life. rrhis applicant was paroled May 12th, 1920, mul it is shown that he has complied with the conditions of the parole and that he has demeaned himself in a proper and satisfactory manner. In Yiew of his good character previous to this c01wiction and his good record both before and since being paroled, his sentence commuted to present se1Tice June 221Hl, 1921.
.JOHN JORDAN: TPrr<>ll Superior Court, NoYember term 1910; murder; life. Tht> Prison Com-

178

Jo"LRXAL. OF THE REKATE

mission recommend paroh>. It is shown by affidavits that just previous to his death, applicant's brother confessed to committing the crime for which applicant was conYicted, aml in view of these affidavits, applicant's s~ntenc<> commuted to present service June ~:2nd, H)~l.
'VILL SMITH: Bibb Supt>rior Court, February term 1908; murder; lifP. This applicant was paroled April 12th, 1920, awl it is .shown that he has demeaned himself in a proper and satisfactory manner and has complie<l with the conditions of the parole. In view of his good character previous to this conviction, aml his good record both before and since being paroled, his sentence commuted to present service June ~2nd, 1H21.
0. C. SPENCE: Grady Superior Court, September term 1915; wrecking bank; 6 years. This applicant was paroled November 25th, 1919, and it is shown that he has complierl with the conditions of the parole and that he has demeaned himself in a proper and satisfactory manner. In Yiew of previ. ous good character of applicant, his good record both before and since being paroled, an<l the fact that the dissenting opinion of .Judge GPorge in the case reported in the 20th Georgia .:\ ppeals R<'port, page 61, has been sustained b~- the Supreme Court of Georgia in the case of Fordham vs. State, 98th S.
E. Rep., page 267, applicant's sentence commutell
to present serdcp an<l citiz<.>nship restored June 24th, 1921.

SATURDAY, .rexE 25, 1921.

179

CONDITIONAL P .AR.DONS.
G-EORGE D. SEMKffiN: Chatham Superior Court, -!uly term ] 919; <'mbezzlement; 5 years. It is shown that pn'vious to this offense, applicant bore a good reputation, and that since lwing confined his behavior has been excellent. It also appearR that applicant's ag-ed father, who is an invali<l, and his sisters are badly in need of his services. The trial Judge, Solicitor-General, a numlwr of officials of the City of Savannah and Count~ of Chatham and the Prison Commission recomme1ulNl pardon. Conditional pardon granh'<l .Jul~' 26th, U)20, comlitioned upon applicant complying- with such terms as may be imposN1 upon him by the Prison Commission, his pardon to become eff<'ctin at tlw expiration of his sentence, provide<l his <leportment until the expiration thereof warrants !'mch.
D. C. CHAMBERS: Haralson Ru1wrior Court, July term 1917; forgery; 5 years. The Prison Commission recommended panlon because applicant was denied his rights under a special <lemmT<'l' on account of the misunderstanding of the Court as to when said demurrer was pres('nte<l (see Chambers vs. State bottom page 752, Yol. 22 Court of Appeals Report), a11<l because the trial .Judge no" says that he does not wish his onler to be construed that the demurrer was not presented to the Court in time, but that in the confusion he nw~ luwe overlooked it. Conditional pardon granted August 30th, 1920, on account of the recommendation of the Prison Commission, previous good character of applicant, and the condition of applicant 'R famil); order to become e:ffecti,e Septemb<>r 18th, 1920, conditioned

180

JouRXAL OF THE SExATE

upon the performance by the applicant of such restrictions as may be imposed upon him by the Prison Commission, his pardon to become PffPctiYe at tlw expiration of his sentence, rnoyid<'<l his <l<portment until the expiration thereof w_arrants such.
HOMER A. \VILLIAMS: l\fuscogee Superior Court, March term 1919; embezzlement; 2 years. The Prison Commission recomnH?IHled a co1ulitionnl pardon on account of the recommendation of the trial Judge, Solicitor-General an<l the attorneys of the prosecutor, and the further fact that there was no substantial loss, and applicant haYing . s<>rve<l more than one year of his sentence and haYing only about 6 months more to senr, on condition that his conduct is exemplary and that he secure h01wst tmplo~ment for the remainder of his term. Conditional pardon granted October 6th, 1920, con11itione(1 upon applicant complying \Yith such t<'rms as may be imposed upon him by the Prison Commission, his pardon to become eff<>ctiyc at the expiration of his sentence provided his deportment until the expiration thereof warrants such.
TRAVIS SPINKS AND \VILLL\M CRIM: DeKalb Superior Court, March term 1919; robber~; :1 years. In view of the good character of applicants previous to this conviction, their excellent prison record, and the recommendations of the Prison Commission, trial Judge, Solicitor-General and prosecutor, conditional pardon grant<>d October 6th, 1920, conditioned upon applicants compl~ing with such terms as may be imposed upon them by the Prison Commission, their pardon to become effectiYe at the expiration of their sentences provided their deportment until the expiration thereof warrants such.

SATL'RDAY, .JrxE 23, 1921.

181

B. E. DUN\YOODY: Chattooga Supf'rior Court, September term 1917; manslaughter; 1 year. In view of the good character of applicant previous to this conviction, the recommendation of nine members of the jury which cmwicted him, the statement of the trial Judge, physical condition of applicant, and c:specially in -view of the condition of applicant's wife, conditional pardon grant<'d October 14th, 1920, to become effectin-' N ovt>mb<'r ~n1l, 1920, conditione(l upon applicant complying with such t<'rms as may be imposed upon him b~ the Prison Commission, his pardon to become effective at the expiration of his sentence provided his deportment until the expiration thereof warrants such. The Prison Commission recommended pardon.
PAUL N. DEMOTT, ALIAS CHARLES MARSHALL: Troup Superior Court, November term 1920; larceny of automobile; 1 year. Upon recommendation of the Prison Commission, applicant pardoned upon condition that an official from the. Mississippi State Insane Hospital receive and transport him to that institution, November 17th, 1920.
RAYMOND SISSON: Fulton Superior Court, March term 1920; burglary.; 1 to 5 vears. Upon recommendation of the Prison Commission, trial Judge, Solicitor-General, prosecutor, and especially because of the physical con<lition of applicant's father, pardon grante<l upon condition that applicant's father giYe bond in a sum not less than two thousand dollars, in which he shall obligate himself to personally see that this boy is put in such environment as will insure his proper deportment in the future, and in which he shall agree that in the

182

.JorRXAL OF THE SEXATE

event any crime is committPtl by his said son during the period for which lw was sentence<l by tlw Court, he shall make full r<stitution to tlw injured party or parties, if any; shall SPP that his said son shall not become addicted to narcotics; in the <>Yent his said son shall bP guilt~ of an infraction of an~ of the laws of the State he Rhall return him, himself, to the Prison Commission, a111l in the PYent said Raymond Sisson shall lean tlH Stat, he shall lwar the expense of returning him to the custody of tlH Prison Commission; said ho11<l to be apJH'OYP<l h~ the Chairman or a majority of saill Prison Conuuisswn. Order dated Novembrr 27th, 1920.
TOBE CARSON: Marion Superior Court, ( >ctober term 1919; assault to nmr<ler; 1:3 months. Tlw Prison Commission reconmwntled commutation to present service on account of the eYi<lencP in this case and recommendation of the Solicitor-Gem'ral and County officials. In vilw of the goo<l character of applicant previous to this conviction, the statPments and recommendations of the Solicitor-General, prosecutor, ten members of the trial jur~, a11<l others, conditional pardon granted February 4th, 1921, conditioned upon applicant complying with such terms as may be imposP<l upon him h~ thP Prison Commission, his pal'(lon to become effectiv<' at the expiration of his sent<>nce, }WOVi<lr<l his <lPportment until the expiration tlwrpof warrants such.
F. B. FITCH: Fulton Superior Court, Octob~r
term 1920; larceny; 2 to 5 yPars. The Prison Com-
mission recommende<l commutation to presPnt strYice. Conditional pardon granted 1\h~ 18th, 1921, in view of applicant's previous good character, his

SATUHDAY, .JL"XE 25, 1921.

183

physical condition, it being nuHle to appear that he is suffering with tuberculosis, and the fact that his home is in Michigan and that he will return to his home immed.iately upon release-conditioned upon applicant complying with such terms as may be imposed upon him by the Prison Commission, his pardon to become eff('CtiYe at the expiration of his sentence, proYided his deportment until the expiration thereof warrants such.
G. C. CARSON: li,ulton Surwrior Court, .Januar~' term 1918; larceny; 5 ~ears. This applicant serve<l over twelve months on parole and the Prison Commission recommend pardon. Conditional pardon granted June 8th, 1921, conditione<l npon applicant complying with such terms as may be imposed upon him by the Prison Commission, his pardon to become effectiYe at the expiration of his sentence, provided his deportment until the t>xpiration thereof warrants such.
W. C. SULLIVAN": Fulton ~nJwrior Court, February term 1920; burglary; 1 to 5 alHl 5 to 10 years. In view of this boy's youth, the recommendation of the trial Judge, Solicitor-General, Prison Commission, parole is lwreby gT<:mte<l in the first sentence and conditional pardon in tlw sPcond sentence upon the terms that he shall make monthl~- reports to the Prison Commission exactl~ as parolt><l prisoners do and shall comply with such other reasonable terms and conditions as may be imposed by the Prison Commission. This conditional pardon is more readily granted because there are other cases pending against this boy on which he may be readily handled if he does not deport himself properly. June 24th, 1921.

184

JouRXAL oF THE SENATE

TOM HILL: Spalding Superior Court, .Tc1nuary term 1914; rape; 18 ;'ears. Pardoned December 21st, 1920, because of affidavit of the prosecutrix and the acknowledged inability of the court officials to locate and punish her and thus correct the wrong done. The Prison Commission rccomnwwled commutation to present service.
ROBERT WILLIS: Putnam Superior Court, March term 1921; larceny; 12 months. Pardoned May 11th, 1921, because of newly discovered evidence and the recommendations of the trial Judge, eleven of the trial jurors, and a large number of citizens. The Prison Commission recommended commutation to present service.
wALTER B. MEDLIN: Bibb Superior Court, May term 1920; murder; life. Pardoned May 27th, 1921, because of newly discoyered evidence and because it is shown that deceased was a very bad man. Applicant's pardon was recommended by the Prison Commission.
HILLIARD DIXON: Muscogee Superior Court, Spring term 1880; murder; life. Pardoned .Tune 15th, 1921, because of newly discovered evidence tending to show that this applicant, who was convicted on circumstantial evidence, was not guilty. This applicant was paroled December 14th, 1914, after having served nearly 35 years in the penitentiary. The Prison Commission recommended commutation to present servict".
AUSTIN GREEN: Fulton Superior Court, January term 1906; murder; life. Pardoned .Tune 22nc1, 1921. Applicant was paroled March 18th, 1918, and

SAT"CRDAY, .Jnm 25, 1921.

185

it is shown that he has complied with the conditions of the parole. He was convicted on circumstantial e\idence furnished by one J.P. McDonald, who now states under oath that he erred in his statement to the jury a11<l that he has since been cmn-inced that this applicant could not have committed the crime. The Solicitor-General, before applicant was paroled, recomme1Hled panlon. Applicant's pardon was recommendell by the Prison Commission.

The hour of 11:45 o'clock, A. l\f., having arrived the Senate repaired to the hall of the House of Representatives for the purpose of inaugurating the Governor-elect.
The President of the Sl'natl' took the chair and called the General .A.ssembl~ to order.
The resolution convening the joint sesswn was read by the Secretary of the Senate.
The Secretary of the Senate read the report of the Committee appointed to prepare a program for the inauguration ceremonies.
The General Assembly repaired to the inauguration stands on the Capitol Terrace for the purpose of inaugurating the Governor-elect.
The order of the proceedings by the joint session at the place of inauguration was as follows:
Jnyocation by ReY. \V. \V. Memminger, Rector of All Saints Church, of Atlanta, Ga.
Presentation of Governor-elect b~- the President of the Senate.

186

.JoeRXAL oF THE SExATE

Administration of the oath of officf' to the GoYernor-elect by the Hon. Roscoe Luke, .Justice of the Court of Appeals.
Presentation of the Great Heal of the Htate b~ the Secretary of State to the retiring- GoYernor, who deliYered the same to the GoYPrnor, who in turn delivered it to the Secretary of StatP.
Inaugural address by the Governor.
Congratulatory remarks by Hon. William .J. Vereen, Chairman of the State DPmocratic l<JxecutiYe Committee of Georgia.
Benediction by Rev. \Y. w. M<mminger.
Under the joint resolution, previously a<lopt<<l in the report of the Committee appointP<l to prepare the program for the inauguration ceremonies, tlw Senate stood adjourned until l\fmHh1~ morning at 11 o'clock.

l\foxnAY, .JrxE 27, Hl2l.

187

SENATE CHAMBER, ATLANTA, GA.
,June 27th, 1921.
The S0nate met pursuant to adjournment at 11 o'clock, ..:\. 1\I., and was callP<l to order by the Presi<l<'nt.
Pmy0r "'as offert><l b~ tlw Chaplain. By unanimous consent the call of the roll was dispensed with. By unanimous consent the reading of the Journal of Saturday's session was dispensed with. 1\Ir. Nix asked unanimous consent that all Senators haYing bills to intro<lucP be permittP<l to do so at this time, an<l the consent was granted.
The following message was rt>ceiYed from the House, through Mr. Moon, the Clerk thenof.
llfr. President: The House has read and adopted the following
1esolution of the Rf>nate, to wit: A resolution requesting that the Gf>neral Assem-
bly adjourn on the first day of July until .July 5th to attend opening of Altamaha Bri<lge.
The following Senate bills were introduced, and read the first time, to wit:
By Mr. SnowA bill to provide for the sale of the interest or

188

.JouR~AL oF THE SE~ATE

equity of the Yendee of r('al PstatP in cases wh('re a contract to purchase real <>stat<> has been nuHle, etc.
Referr<<l to CommittN' on GPlWral .Ju<liciar~' No.2.

By Mr. Johns-
.:\ bill to amend Section 3298 of Park's .AnnotatNl
Code of Georgia, so as to proYi<le for thP forPclosm:<>
of Bills of ~ale in ~~~~~T amount awl for otlwr purposes.
Referred to Committ0e on General .JU<liciary No. 1.

B~, Mr. Foy-
A bill to amend the several Acts relating to and incorporating th<> Ma~or mul .\l<lemwn of the City of Ranmnah.
Referred to Committee on Corporations.

By Mr. Nix-
A bill to amend Section 147 of the Penal Co<le of Georgia of 1910, defining the punishment of the crime of burglary and for other purposes.
Referred to Committ<>P on General ,Ju<liciary No. l.

By Mr. JohnsA bill to abolish the office of Attorney to tlw Stat<~
Highway Department, etc.
Referred to Committee on Public Roads.

MoxDAY, .JuxE 27, 1921.

189

By Mr. MansonA bill to create the office of State Auditor. Referred to Committee on Appropriation.

The following bill was introducefl and ordered engrossed:

By Mr. Hollingsworth-
A bill to provide for the reapportionment of representation in the General Assembly in accordance with a constitutional amendment ratified by the electorate of Georgia in the general election of 1920.
The following Senate bill was reafl the first time:

By Mr. Manson-
A bill to amend Section 4809 of the Code of Georgia of 1910, and for other purposes.
Referred to Committee on Special .Tucliciary.

STATE OF GEORGIA, ExECL"TIYE DEPARTMEKT.
June 27, 1921.
The foll_owing message was received from His Excellency, the Governor, through his Secretar~-, Mr. Blalock:
Mr. President: I am directed by His Excellency, the Gonrnor,
to deliver to the Senate a communication in writing to which he respectfully asks your consideration.

190

J ouRKAL oF THE SENATE

STATE OF GEORGIA,
ExECUTIVE DEPARTMEXT,
ATLAKTA
.Tune 27, 1921.
To The General Assembly of Gror_qia:
At an early date it is m~ intention to pr<'sPnt for your consideration a stat0nwnt concPrning tlw fiscal affairs of the State, and to mak<> CPrtain rE>commendation with respect to tlw same, as w<>ll as cPrtain other general matters.
In advance of that statement I feel it m~ duty to
call your attention to an important preliminary matter; it relates to the completion of the organization of the Senate and the House; in the formation of the Committees of both bodies.
I should hesitate to proffer an~ adYice in a matter so peculiarly within the sole proYincE> of tlw two Houses, if I WE're not firmly convinced that the
step I am about to recommend is an important and
necessary one in the great task before us of readjusting the fiscal affairs of the State, and of putting and keeping its finances on a sound business basis.
\Ve can never hope to accomplish that result unless we provide a system by which we can carefully awl accurately balance income against outgo-revenues against appropriations. Our present difficulties have been occasioned, largely, b~ a failure on the part of our predecessors to do so, and by making year after year appropriations that haYe exceeded, increasingly, the revE>nues of the State. \Yc must aYoid repeating that mistake; no appropriation, however

MoxoAY, .J"LxE 27, 19:n.

191

worthy, must be made unless it can be demonstrated that the same is \Yell within the revenue. This course is enjoined upon us not only by the necessities of our present situation, but also by the dictates of prudence mHl common sense, and the unanimous wish of the people of Georgia.
I do not believe that a real and effective budget system, one that will really guide the Legislature, and really control its action, can be set and maintained outside of the t"o Houses; or independently, even in part, of their authority. I do not believe that the General Assembly of this State will ever surrender to any outsid<> Commission or Agency any part of its power to make appropriations and levy taxes, by a majority Yote, subject only to the approval of the Gon>rnor. \Ve must have our real budget system as a part and parcel of our legislature machinery,-and I propose to you, today, the substantial beginning of one.
I recommen<l that both in the Senate and in the House there be create<l a standing Committee to be known as the Committee on Finance, and to have jurisdiction of all appropriation bills and revenue measures.
The advantages of such a change are, I think, obvious, if we are to keep our appropriations well within our revenues, then a single committee, and the same Committee should be responsible for both, in order to keep them balanced against each other. In no other way can we accurately balance income and outgo. The Committee which informs the Senate or House how much money it can spend will then

JoL"RXAL o.F THE SE:XATE
be called upon to inform the Senate or House ho" that money can be raisrd, all(l to propos<' tlw measures necessary to do so.
If the objection be made that this will c-ntail too much work on one committee, then my rrply is twofold: (1) That while it may greatly burden the m<'n who take this work on their shoulders, yet the affairs of our State are in such a critical comlition that the performance of this service is a duty to the State: (2) That the CommitteP can well constitute such sub-committees as may be necessary to srcure the efficient transaction of its business, care being taken not to lose, in the committee as a wholr, and before final action in any case, that correlation betwPeu l'Xpenditures aml revenues that is the principal reason for the enlarged functions of the CommittP('.
The proposal I present is not a new mw, the path I point out is not an untried one. For many years the General Assembly of Georgia followe<l it, an<l always with most satisfactory r<'sults. It was not until1898 that the systm1, I am urging you to r<>turn to, was abandoned, and the old li'inance Connuitt<>ts of the Senate and House were split, in or<hr to make in each bod~- two conunitte<'s,-one to report on ~\ ppropriations and the otlwr on Rennue measures. Let us compare results mH1er the two systems; tlw one I suggest, and the one in operation muler the rules of both Houses of the previous General Assembly: From 1881 to 1898 inclusive, under the system of Committee work to which I pror>ose a return, it was not necessary for the State of Georgia to borrow a single dollar, in any year, ''to meet casual deficiencies,'' or on account of any <l<ficiencies

MoxDAY, JuKE 27, 19:21.

19:3

in the revenue it provided to pay the appropriations it made. From 1899, after the ol<l system was abandoned, and the responsibility was divided, up to and including 1920, there has not been a single year, except 1904, in which the Governor has not been forced to borrow large sums of money, varying, from $100,000, in 1899 up to $700,000, in 1919, to meet such deficiencies.
It seems to me to be perfectly obvious that so long as we had in each House, a single committee charged with the responsibilit~ of recommending both the appropriations and the tax measures, anc1 consequently the responsibility of keeping the balance between the two, we were able to keep income and outgo adjusted, but that ever since we divided the responsibility and let one committee report on how much money we would spend, and let another committee report how much money we could raise, we have had trouble in keeping income an(l outgo together, until we have now reached the critical situation in which we find ourselves today.
I do not, of course, believe that the return to the old system, or this single reform in committee proceedure will prove a cure-all for all our ills; far from it,-but it is a step, ancl an important on<>, in the right djrection; one recommended to us by both past and present experience, and by common sense and sound business principles, and I unhesitatingly urge the General Assembly to take it.
Respectfully submitted,
-vv. THoMAs HARDwicK,
Governor of Georgia.

194

JouRXAL OF THE SExATE

Tlw follm,ing communication was read for the information of the Senate:

UxiOK CITY, GA., June 27, 1921. To the Hon. Herbert Clay, President, and Members of the Georgia State Senate, Atlanta, Georgia.

Gentlemen:
On behalf of the citizens of Campbell County, I desire to extend to you a most cordial awl urgent invitation to attend a great Independence Day Celebration and ]-,armers' Rally, to be held in l7nion City on July 4th.
\Ye promise an all-day good time, of larger proportions than any such evPnt that has taken place in Georgia for years. There 'will be thousands of farmers present from all parts of the state. The biggest folks in Georgia mHl some of the biggest in the United States will be tlwre, that is they will if I am right in believing that you distinguishe<l gentlemen will help to make it true by being our honored guests.
Our festivities will last all da~, and the earlier you come to join them the merrier they will be.
Campbell County awaits ~ou with open arms. Honor us and come.
Respectfully yours,
c. s. BARRETT.

MoNDAY, JuNE 27, 1921.

195

Mr. Mills moved that the Senate accept the invitation.
The invitation was accepted.

The following joint resolution was read and adopted:

By Mr. Manson-'-
.A. resolution proYi<ling that a Committee be appointed to thoroughly investigate the condition of the State Treasury, ascertain its true condition together with its needs and requirements.
Mr. Nix moved that the Senate adjourn until tomorrow morning at 11 o'clock. The motion was adopted.
The President announced the Senate adjourned until tomorrow morning at 11 o'clock.

196

.TOliRNAL OJ.' THE SEXATE

SENATE CHAMBER, ATLANTA, GA.
June 28th, 1921.
The Senate met pursuant to adjournment at 11 o'clock, A. M., an<l was called to order by the President.
Prayer was offer'd by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Brown gave notice that at the proper time he \vould moye to reconsider the action of the Senate on yesterday in adopting Senate resolution Number II.
By unanimous consent the reading of the .Journal of yesterday's proceedings was dispensed with.
Mr. Brown moved to reconsider the action of the Senate on yesterday in adopting Senate resolution Number II.
Mr. W ohlwender called the preYious question and the call was sustained.
The main question was ordered.
On the motion to reconsider the action of thq Senate on yesterday in adopting the Senate resolution Number II, the Ayes were 19, aml the Nays were 23, and the motion was lost.
The following resolutions were read and a<lopted:

TuESDAY, Je~E 28, 1921.

197

By Mr. Thomas-
A resolution to amend Rule 135 of the Senate by striking in line 16 the words ''Committee on Finance,'' etc.

By Mr. Boykin, et aL-
A resolution inviting the Honorable Thomas E. watson to address the General Assembly.

The following bills were introduced read the :first time and referred to Committees:

By Mr. Bellah-
A bill to be entitled an Act relating to the placing out of children by persons other than the parents or relatives of such children, aml for other purposes.
Referred to Committee on General J ucliciary No.2.

By Mr. Pope-
A bill to amend the Constitution, so as to authorize the General Assembly to abolish the office of County Tax Receiver in any County of this State.
Referred to Committee on Constitutional Amendments.

By Mr. Ellis-
A bill to amend Section 880 of the Penal Code Volume 2, relating to the failure of the Superior

198

J OURKAL OF THE SENATE

Court to hold a regular session, so as to provide for the attendance of jurors, etc.
Referred to Committee on General .Judiciary No.1.

By Mr. Bond-
A bill to amend Section 917 of \rolume 1 of the Code of 1910 by striking the word ''male'' in the first line of said Section, and for other purposes.
Referred to Committee on General Judiciary No.1.

The following Senate bill was read the second time:

By Mr. Hollingsworth-
A bill to provide for the reapportionment of representation in the General Assembly in accordance with a constitutional amendment.
An invitation was extended to the General Assembly to dinner tonight at 6:30 at the Ansley Hotel by the Municipal League of Georgia.
The invitation was accepted.
Mr. \Vohlwender mowd the Senate adjourn until tomorro\v morning at 11 o'clock, and the motion prevailed.
The President announcefl the Senate adjourned until tomorrow morning at 11 o'clock.

"'VEDKESDAY, Jmm 29, 1921.

199

SEKATE CHAMBER, ATLAKTA, GA. June 29th, 1921.
The Senate met pursuant to adjournment at 11 o'clock, A. M., and was called to order b)' the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The President announced the following as the standing Committees of the Senate, to wit:

STANDING COMMITTEES OF THE SENATE.

ACADEMl FOR BLIND.

HoLMES, Chairman. Campbell Jackson Peacock Ridley

TAYLOR, Vice-Chairman Rountree Stovall Tarpley Womble Davidson

200

JoURNAL OF THE SENATE

AGRICULTURE.

MILLS, Chairman. Jackson Bellah Bond Campbell Childs Collum Fleming (lOth) Manson Nix Pope Richards Rountree

HoLLINGSWORTH,
Vice-Chairman. Stovall Tarpley Taylor Thorpe Wall Weaver Walker Boykin Jones (37th) Lassiter

APPROPRIATIONS AND FINANCE.

"\VALKm\1 Chairman. Weaver Bellah Aiken Boykin Campbell Brown David Ellis Fleming (lOth) Foy Jackson Johns Jones (37th) Jones (6th) Collum ...

Nrx, Vice-Chairman Rountree Weaver Sheffield Manson Mills Thomas Thorpe Williams Peacock Davidson Wall Lasseter Pope Richards Wohlwender Womble

"TEDXESDAY, JCXE :29, 19:21.

201

Cmm, Chairman. Boykin Foy Childs

.AUDITING.
JoxEs (37th) V-Chairman. Rountree Taylor \Vomble

BANXR AND BANKING.

\YALL, Chairman. Aiken Boykin Campbell Foy Jones (6th)

DAno, Yice-Chairman. Peacock Rountree Thorpe \Veaver williams Ridley

COMMERCF.J ..:\ND T.JABOR.

FLEMIKG (lOth) Chairm'n. Boxn, Vice-Chairman.

Boykin

vVeaver

Davidson

Williams

Richards

"\Vohlwender

Walker

CONGRESSIONAL AN"D LEGISLATIVE REA PP< mTH >NMENTR.

BoYKIK, Chairman. Cone Pope Mills Campbell Bond Manson Fleming (lOth) Childs

JAcKsoN", Vice-Chairman. Foy Palmour Haralson Wall Fleming (8th) Johns Sheffield

!02

J Ol.TRX AL OF THE SExATE

CONSTITUTIONAL AMENDMENTS.

~VOHLWENDER, Chairman. HeTCHENS, V-Chairman.

Boykin

Manson

Brown

Mills

Davidson

Palmour

Golucke

Richards

Haralson

Thomas

Holmes

vVall

Kimzey

williams

Fleming (lOth)

.Johns

Nix

CORPORATIONS.

fOXES (37th) Chairman. CoxE, Vice-Chairman.

Akin

Hutchens

Bellah

Manson

Childs

Snow

David

Thorpe

Fleming (lOth)

vVilliams

COUNTIES ~\ND COUNTY MATTERS.

RICHARDS, Chairman. Campbell Childs David Ellis Foy Rountree Taylor

\\'ILLIAMS, V-Chairman. Hollingsworth Hutchens Lassiter Mills Snow \Vall Thorpe Sheffield

WEDXE~DAY, JuxE 29, 19:21.

203

DRAINAGE.

TAYLOR, Chairman. Akin Manson
wan
Childs Rountree Pope

THORPE, Vice-Chairman. Richards Palmour Fleming (8th) Fleming (lOth) Davidson Sheffield

EDUC.~ TION AND PUBLIC SCHOOLS.

CHILDs, Chairman Cone Davidson Golucke Haralson Manson Mills Palmour Bond

CoLLUM, Vice-Chairman. Pope Tarpley Boykin \Veaver \Valker vVomble Sheffield Ridley

ENGROSSING.

HoLLixa~woRTH,

MILLs, Vice-Chairman.

Chairman.

Colson

Womble

Hunt

Sheffield

'l'horpe

Ridley

Snow

ENROLLING.

BoxD, Chairman. Manson Haralson Collum

SToVALL. Vice-Chairman. Golucke Fleming (8th)

:!04

.JouRXAL OF TH1~ SEXATE

GAME AND FISH.

FoY, Chairman. Pope Thomas Brown Jones (6ti1) Richards Haralson

-WEAVER, Vice-Chairman. Hutchens Thorpe
wohlwender
Hollingsworth Colson Jones (37th) Boykin

GENERAL JUDICIARY NO. 1.

LASSITER, Chairman. Pope Cone Ellis Fleming (8th)

BELLAH, Vice-Chairman. Hunt Jackson Sheffield Womble

GENER.AL JUDICIARY NO. 2.

Nix, Chairman. Golucke Hollingsworth Kimzey Haralson Hutchens

J OH~s, Vice-Chairman. Snow Thomas 'Valker \Vohlwender

HALLS AND ROOMS.

SHEFFIELD, Chairman. Collum David Fleming (8th)

Sxow, Vice-Chairman. Stovall Kimzey

\YEDKE:-;DAY, JuNE ~9, 1921.

205

HYGIENE AND SANITATION.

RIDLEY, Chairman. \Vohlwender Nix Bond Fleming- (lOth)

CoLsox, Vice-Chairman. Palmour Golucke Holling-s'worth Pope

INSLJRAKCE.

THORPE, Chairman. Akin Childs Snow Holmes Hunt

FoY, Vice-Chairman. Lassiter Peacock Taylor \Veaver \Vomble

INTERKAL IMPROVEMENTS.

RouNTREE, Chairman. Williams Sheffield Tarpley Peacock

\VoMBLE, Vice-Chairman. Thorpe David Palmour Bond Fleming- (lOth)

FoY, Chairman. Boykin Pope Haralson Manson

JOURNALS.
MILL::;, Vice-Chairman. "'vVall Jones (37th) Tarpley

206

JouRNAL OJ<' TRE SENATE

MANUFACTURERS.

J onNs, Chairman. Jones (37th)

..WORLWENDEII.,
\Tice-Chairn1a~

Manson

Bellah

Walker

Palmour

Hclmes

Snow

Jackson

Taylor

MILITARY AFFAIRS.

Hm:oRENs, Chairman. WALL, Vice-Chairman.

Cone

Goluck:e

Fleming (Bth)

Bellah

Rmmtree

Collum

MINES A~"D MJl\TING.

STovALL1 Chairman. Pope David

PALMOUR, V.-Chairman. Kimzey
Nix

Haralson

Richards

Hunt

Womble

Johns

Sheffield

PENITENTIARY.

CAMPBELL, Chairman. . PoPE, Vice-Chairman.

Richards

l{imzey

Bellah

Nix

Bond

Rountree

Boykin

Stovall

Collum

Tarpley

Colson

Haralson

David

Thomas

Davidson

Weaver

Fleming (10th)

Wohhvender

Johns

Jones (37th)

Jackson

WEDNESDAY, .JrxE :?9, 1921.

207

PENSIONS.

MANSON, Chairman. Campbell Ellis Foy Hunt Sheffield Jones (6th}

CoLLUM, Vice-Chairman. Bellah Peacock Stovall
T.a.vlor
Won1ble

PRIVII.~EGES AND ELECTIONS.

JACKSON, Chairman.

Jo~ES (37th)

Ellis

Vice-Chairman.

Flpming (8th)

Nix:

Goluak:e

Kimzey

Haralson Mills

I ..assih;r Walker

PRIVILEGES OF THE FLOOR.

P ALl\!IOUR, Chairman. Thorpe

Snow

PUBLIC LIBRARY.

JoNES of 6th, Chairman. AKIN, Vice-Chairman.

Womble

Jackson

Campbell

Lassiter

Cone

Childs

PUBI..IC PRINTING.

KIMZEY, Chairman. Jones (37th) Bond Fleming (lOth) Hollingsworth Johns

BovKIN, Vice-Chairman. Ridley Taylor Wall Williams Womble

208

JocRXAL oF THE SEXATE

PUBLIC PROPERTY.

HARALSON, Chairman. Brown Holmes Manson Jackson Mills Bellah Palmour

CoLLUM, Vice-Chairman. W ohlwender Bond vVeaver Thorpe Fleming (lOth) Johns Fleming (8th)

COMMITTEE ON PUBLIC ROADS.

ELLIS, Chairman. Golucke Hutchens Jones, J. H. Lassiter Nix Palmour Pope Richards Snow Thomas

MA~so~, Vice-Chairman. Thorpe
Wall 1lveaver Williams Bond Brown Campbell David Foy

RAILROADS.

SNow, Chairman. Akin Bellah Collum Cone Colson Davidson Fleming (lOth) Foy

HARALsoN, V.-Chairman. Hunt Manson Jones (37th) Kimzey Nix Wohlwender Thorpe

'VEDNESDAY, JUNE 29, 1921.

209

RULES.

PRESIDENT OF SENATE,
Chairman. Wohlwender Davidson Palmour Williams Mills Brown Manson

THOMAS, Vice-Chairman.
Kimzey Wall Boykin Nix Golucke Jones (37th} Bellah

SCHOOL FOR THE DEAF.

BBLLAH, Chairman. Kimzey Palmour Rountree Haralson Golucke Collum Jones (6th)

PoPE, Vice-Chairman.
Fleming (lOth) Cone Campbell Bond Hutchens Richards Stovall

SPECL\ TJ. .rCDIClARY.

GoLucXE, Chairman. Haralson Hutchens Kimzey Thomas Wohlwender

PoPE, Vice-Chairman.
Cone Nix Womble Fleming (8th)

210

JouRXAL oF THE SENATE

STATE OF THE REPUBLIC.

WEAVER, Chairman. Akin

vVrLLIAMs, V.-Chairman. walker

Brown

Jones (37th)

Davidson Foy

Ellis Sheffield

.Johns

STATE SANITARIUM.

HuNT, Chairman.

STOVALL, Vice-Chairman.

Pope

Boykin

Richards Kimzey Collum vV ohlwender Campbell

Jones (37th) Golucke Palmour Fleming (lOth) Bond

Sheffield

TEMPERANCE.

BoNn, Chairman.

HoLMEs, Vice-Chairman.

Ellis

Ridley

Hollingsworth

Sheffield

Colson

\Vomble

Hunt

Akin

Jackson

TUBERCULOSIS SANITARIUM AT ALTO.

CoLsoN, Chairman.

Boxn, Vice-Chairman.

Childs Collum

Johns Hidley

Kimzey

Rountree

Palmour Pope Fleming (lOth)

Stovall Taylor Hutchens

Hollingsworth

'VEDNEHDAy, JUNE 29, 1921.

211

UNIFORM LAvVS.

PoPE, Chairman.
Womble Walker Lassiter Kimzey

SHEFFIELD, V.-Chairman.
Hunt Hollingsworth Snow

UNIVERSITY OF GEORGIA.

FLE1\1ING (8th) Chairman. GoLUCKE, v.-Chairman.

Bellah

Palmour

Hutchens

Johns

Brown

Foy

Snow

Cone

Jones (37th)

Bond

Thorpe

wESTERN AND ATLANTIC RAILROAD.

DAviD, Chairman.
Bellah Campbell Palm our Kimzey Davidson Fleming (lOth) Haralson Bond

RouNTREE, V.-Chairman.
Manson Pope 'Veaver Lassiter Jones (6th) Hutchens Richards Colson

Mr. Jackson asked unanimous consent that Senate bills Nos. 3 and 9 be withdrawn from their respective Committee, read the second time and recommitted, and the consent was granted.

212

JouRxAJ, OF THE SENATE

Mr. Nix asked unanimous consent that all f:o;enators having bills to introduce be permitted to (lo no at this time, and the consent was granted.

The following bills were introduced, read the first time and referred to Committees.

By Mr. Manson-A bill to increase the fees of Coroners, etc.
Referred to Committee on Counties and County Matters.

By Mr. womble, Johns, Nix and others--
A bill to regulate the return and assessment of property for taxation in this State.
Referred to Committee on General Judiciary No.2.

By Mr. Pope and Nix.
A bill to amend Section 4424 of Banks Code by providing for recovery for homicide of minor children, bastard children, and for other purposes.
Referred to General Judiciary Ko. ')

By Mr. Wohlwender--
A bill to authorize and regulate the practice of Chiropractic in the State of Georgia.
Referred to Committee on General Judiciary No.2.

""\VEDXESDAY, JL"XE 29, 1921.

213

By Mr. Cone-
A bill to amend the Inheritance Tax Act.
Referred to Committee on Appropriations and
Finance.

By Mr. David-
A bill requiring all railroa<ls operating passenger trains in or through the State of Georgia to stop all passenger trains at all County Seats.
Referred to Committee on Railroads.

By Mr. Childs-
A bill to establish Boards of Education under the county unit plan whenever this is decided by vote of electors, and for other purposes.
Heferred to Committee on Education.

By Mr. Childs-
A bill to amend an Act codifying the School Laws of Georgia.
Referred to Committee on Education.

By Mr. Thomas-
A bill to regulate and prescribe certain matters of revieur procedure and practice in the Courts of this State.
Referred to Committee on General Judiciary No.1.

214

JouR~AL oF THE SENATE

By Mr. Rountree-
A bill to regulate the salaries of Stenographic Reporters of all Judicial Circuits of the Superior Court of this State, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Mr. Thomas-
A bill to change the County Site of Brantley County from Hoboken to Nahunta.
Referred to Committee on General Judiciary No.1.

By Mr. Pope-
A bill to amend Section 4747 of Parks Annotated Code by providing for compensation of juries in Justice Courts.
Referred to Committee on General Judiciary No. 2.

The following message was received from the House, through Mr. Moore,_ the Clerk thereof.

Mt. President:
The House has passed. by the requisite constitutional majority the following bills of the House, to-wit:
A bill providing for reappointment of representation in the General Assembly, in accordance with constitutional am(>ndm(>nt ratified in 1920, and for other purposes.

vVEDNEoDAY, JUNE 29, 1921.

215

A bill repealing ''An Act to create a Board of Commissioners and Revenues of Douglas County,'' and for other purposes.
A bill creating a County Commissioner of Roads and Revenues for Douglas County, and for other purposes.
The House has adopted the following resolution of the Senate, to wit:
A resolution inviting Hon. Thos. E. watson to address the General Assembl~, of Georgia.
The Speaker has appointed the following members as the Committee on part of the House under above resolution: Messrs. Kitrell, of Laurens, Foy, of Taylor, and Daniel, of Troup.

The following Senate bill was read the third time an<l put upon its passage.

By Mr. Hollingsworth-
A bill to provide for the reapportionment of representation in the General Assembly in accordance with a constitutional amendment.
Mr. Campbell moved that thf' Senate postpone action on the bill for thirty minutes and the motion prevailed.
Mr. vVohlwencler moved that a Committee of three from the Senate be appointed to investigate certain provisions of the bill and report back to the Senate. The motion prevailed.

~16

Jot:"RKAL oF THE SEXATE

r:rhe President appointed as a Committee to act under the above motion the following Senators, to wit: Messrs. Hollingsworth, Cone and \Vohlwender.
Mr. Jackson moved that the Senate take a recess subject to the call of the chair and tlw motion prevailed.
The Senate was calle(l to order by the President at 12 :30 o'clock.

Mr. Hollingsworth, Chairman on the Committee, to obtain information regarding Senate bill No. 17, made the following report, to wit:

111r. President:
Your Committee appointed for the purpose of ascertaining from the House if Senate bill No. 17, providing for an extra representative in the Counties named therein would displace any present member of the House beg leave to submit the following report:
vVe find that it inserts no member of the present House, but provides for an extra representative from those counties, which under the tTnitetl States Census for 1920, are entitled to an additional representative under the constitutional amendment adopted by the people of Georgia in the general election of 1920.
Respectfully submitted,
HoLLINGSWORTH of the 17th Dist.,
Chairman.

\VEDN'E@AY, J UXE 29, 1921.

217

On the passage of the bills, the Ayes were 42, and the Nays were 0.
This bill having receivell the requisite constitutional majority was therefore passed.
B~r unanimous consent the above bill was nnmediately transmitted to the House.

The following House bills were read the first time and ordered engrossed.

By Messrs. Davis, of Floyd, a111l Lankford, of Toombs-
A bill to provide for reapportionment of representation in the General Assembl~. and for other purposes.

By Mr. \Vhitley of Douglas-
A bill to repeal an Act creating a Board of Comnusswners of Roads and Revenues of Douglas County.

By Mr. \Vhitley of Douglas-
A bill to create a Count~ Commissioner of Roads and Revenues for Douglas County.
Mr. Mills moYetl that the Senate adjoum until tomorrow morning at 11 o'clock, and the motion prevailed.
The President announced the Senate adjournecl until tomonov morning at 11 o'clock.

:.ns

JouRNAL oF THE SENATE

SENATE CHAMBER, ATLANTA, GA.
June 30th, 1921.
The Senate met pursuant to adjournment at 11 o'clock, A. M., and was called to ordP-r by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Foy, of the 1st District, Chairman of the Committee on Journals, reported that the .Journal of the preYious day had been examined and found correct.
Mr. Jackson, of the 21st District, gave notice that at the proper time he wo~ld move that the Se~1ate reconsider its action on yesten1ay in passing Senate bill No. 17.
By unanimous consent the reading of the .Journal of yesterday's proceedings was dispensed with.
The following resolution was read and adopt<>d:
By Mr. WohlwenderA resolution requesting that when the Senate ad-
journ today it stand adjourned until Tuesday, July fifth.
Mr. Wohlwender asked unanimous consent that the resolution be immediately transmitted to the J:Iouse, and the consent was granted.

Tnl:RSDAY, ,JuxE 30, 1921.

219

Mr. Jackson moved that the Senate reconsider its action on yesterday in passing Senate bill No. 17.
Mr. Lassiter, of the 14th, rose to a point of order.
The point stated was that on yesterday the Senate ordered the above bill immediately transmitted to the House and that the bill was not now in the possession of the Senate.
The chair sustained the point of order.
Mr. Nix, of the 51st, asked unanimous consent that House bills 53 an<l 54 be read the second time and re-committed to the Committee on Counties .and County Matters, and the consent was granted.
The following bills were introduced, read the first time and referred to Committees.

By Mr. Fleming of the lOth-
A bill relating to licensing, regulating and inspecting of hotels, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Mr. Fleming of the lOth-
A bill relating to the creation of a State Board of Architects, and for other purposes.
Referred to Committee of General .Judiciary No.1.

By Mr. vVomble of the 25th-
A bill providing for the election of County officers, and fixing the time when such elections shall be held.

220

JounxAL oF THE SEXATE

Referred to Committee on Constitutional Amendments.

By Mr. Ellis of the 47th-
A bill providing a method for the creation of County Commissioners, and for other purposes.
Referred to CommittPe on Counties all(1 County Matters.

By Mr. Snow of tlw 7th-
A bill relating to the provisions for the return and transmission of interrogatories, and for other purposes.
Referred to Committee on General .Judiciar:r No. L

B~, Mr. Ridley of .the 28th, and Mr. FlPming of the lOth-
A bill regulating the business of nurseries in the State of Georgia, and for other. purposes.
Referred to Committee on General .Judiciary No.2.

By Mr. Rountree of the 16th-
A bill relating to an appropriation for the furnishing of free text books, and for other purposes.
Referred to Committee on Education.

By Mr. Golucke of the 19th-
A bill amending the Constitution of this State so as to give the General Assembly the power to pre-

THFRSDAY, .JexE 30, 1921.

221

scribe that side arms shall be borne only by persons in the military service and arresting officers on duty, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Richards of the 41st-
A bill relating to the establishment of a Se>curitie>s Commission, mHl for other purposes.
Referrecl to Committee on Banks awl Banking.
. By Mr. Richards of the 41stA bill relating to the establishme>nt of a Securities Commission b~ adding to the provision prohibiting the sale of securities, and for other purposes.
Referred to Committee on Banks and Banking.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has reacl and adopted the following resolution, to wit:
A resolution requesting the State Highway Commission to furnish to the General Assembly certain information re>latiYe to saicl Highway Commission.
The following SPnate bills were reacl the third time and placed upon this passage>.

B~ Mr. Fleming of the lOth-
A bill to abolish the office of County Treasurer of Dougherty County.

.Jo-cRXAL oF THE SEXATE
The report of the committee, which was favorable
to the passage of the bill, was agreed to.
On the passage of the bill the .A ~es were 4:2, Nays 0.
The bill having received tlw requisite constitutional majority was passe<l.
By Mr. Fleming of the 1Oth_.:\ bill to amend the chartPr of Cit~ of ,\lban~. The report of the connnittee, \Yhich was favorable
to the passage of the hilL, was agreed to. On the passage of the bill the Ayes \H'rE' 43,
Nays 0. The bill having r0cein<l the requisite constitu-
tional majority was passed.
The following message was r0ceind from tlw House, through Mr. Moore, the Clerk thereof:
Mr. President: The House has concurred in the following resolu-
tion of the Senate, to wit:
A resolution to adjoum the G0neral Assembl~
from Thursda~r, Junf' :10th until Tues<lay, .Jul~ 5th, 1921.
The following House resolution was read an<l ordered to lay over one day.
By Mr. McMichael of MarionA resolution requesting the State Highway Com-

'1 H LTRt:m.\ Y, ,Jl:-XE 30, 19~1.

223

mission to furnish the General Assembly certain information relatiYc to said Highwa~~ Commission.
The President appointed the following as a Committee on the part of the St>Ilatc to act under Senate resolution Ko. 13.
Messrs. Boykin an(l Thorpc.

The following House bill was rc{Hl the second time:

By Mr. DaYis of Floy(l-

A bill to }JrOYide for reapportionment or representation in the General Assembl~'

Mr. Jackson, of the 21st District, moYcd to table

the bill and the motion preYailed.



Mr. Jackson, of thc 21st District, mond that the SPnate do now adjourn.

l~nder a prPYiously ~Hlopted resolution the Senate stood ~cljounte(l until Tuesda~~ morning, July fifth at 11 o'clock.

The President announCP(l thP SenatP adjourned until Tues(lay morning at 11 o'clock.

.Jo"LRXAL OF THE SExATE
SEKATE CHAMBER, ~\TLAXTA, GA.
July 5th, 1921.
The Senate met pursuant to acljournment at 11 o'clock A. M., and was callecl to orclcr by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was clispensecl with.
By unanimous consent the reading of the Journal of laRt Thursday's proceedings was dispens<?d with.
Mr. Thomas, of the Third District, asked unanimous consent to intro<lucc a resolution and the consent was granted.
The following resolution was re~Hl an<l adopted:
By Mr. Thomas-,A resolution proYi<ling for a joint sesswn of the
G0ncral Assembly on 'VcdnPsclay morning at 11 o'clock.
Mr. Campbell askecl unanimous consent that all Senators having bills to introduce be allowecl to do so at this time and the consent was granted.
The following bills were introduced, read the first time and referred to Committees:

TuEsDAY, JuLY 5, 1921.

225

By Mr. Johns-
A bill to declare the law in regard to negotiable instruments.
Referred to Committee on General Judiciary No. 1.

By Mr. Manson and Mr. Foy-
A bill to amend Article 2, Section 3, Paragraph 1 of Constitution of Georgia relatiYe to abolishing fees accruing to the Ordinary, etc.
Referred to Committee on Constitutional Amemlments.

By Mr. Johns-
A bill to declare that growing crops shall be personalty.
Referred to Committee on Agriculture.

By Mr. Cone-
A bill to amend an Act entitled ''An Act creating a new charter for City of Statesboro."
Referred to Committee on Corporations.

By Mr. Haralson-
A bill to provide for the exchange of the property in the City of Atlanta, known as the Governor's manswn.
Referred to Committee on Public Property.

226

JoeRXAL OJ<' THE SEXATE

By Mr. Thomas-
~\ bill to prescribe the hill of cost in cases carrie(l to tlw Supreme Court and Court of Appeals.
Refern'd to Committee on Gcn<>ral .Jwliciary No.2.

By Mr. Palmour-
~\ bill to fix tlw amount of conunutation tax for road work in Hall County.
Refr>tTcd to Committt>e on Counties and County Matters.

By Mr. williams-
A hill to amend an Act co(lif~cing the school laws of Georgia by adding the wonls ''The elt>mentar~' rudinwnts of Yocal music.''
Referred to Committee on Education.

By Mr. Manson-
A bill to make it unlawful to use an~ statemt>nt in adYertising which is untrue, ancl for other purposes.
Refernd to Committ<c on Public Printing.

By Mr. Thorpe-
A bill to make it unlawful to make a false stah'ment for the purpose of procuring the payment of any false claim against various Insurance Companies.
Referred to Committee on Insurance.

TuEsDAY, .JuLY 5, 1921.

227

Mr. Davison, of the 23nl, asked unanimous consent that Senate bill No. 1 be "ithdra\\"n from the Committee on Constitutional ~.\mendments, read the second time, awl J'e-committed, and the consent was granted.

The follmYing nwssage was received from the House, through :Mr. Moore, tlw Clerk thereof:

Jlr. PrPsident:
The House has passe<l by the re<1nisite constitu-
tional majority the following bill, to wit:
A bill to be entitled ''an ~\ct to amend an Act to create a Bond Commission for tlw County of \Vare, and for other purposes."

The following message was rec<'iYed from the House, through Mr. Moore, the Clerk thereof:

Mr. Preside11t:
The House has read awl adoptP<l the following resolution of ~he Senate, to wit:
A resolution prmiding that the Senate and the House shall meet in joint session in the Halls of the House of Representatives on \Vednesday, July 6, at 11 :10 A. M., for the purpose of receiving communications from the Governor.
Under the above resolution the Speaker has appointed the following members as a Committee on the part of the House :
Mundy of Polk, Ennis of Baldwin and Houston of Gwinnett.

J OURXAL OF THE SEXATE
The following House bill was l'ead the first time and referred to Committee:
By Mr. Bowden and Mr. Blalock of \Yare-
A bill to amend an Act creating a Bond Commission for \Vare County.
Referred -to Committee on Counties an<l County :Matters.
The following House resolution was read and taken up for consideration:
By Mr. McMichael-
A resolution requesting the State Highway Commission to furnish to the General Assembly certain information relative to said Highway Commission.
Mr. Manson moved that the resolution be tabled and the motion prevailed.
The President appointed the following as a Committee on the part of the Senate to act under Senate resolution No. 15:
Messrs. Thomas and Pope.
Mr. Haralson moved that the Senate adjourn until tomorrow morning at 11 o'clock, and the motion prevailed.
The President announced the Senate a<ljourned until tomorrow morning at 11 o'clock.

\VEDNESDAY, JuLY 6, 1921.

229

SEXATE CHAMBER, ATLA:XTA, GA.
July 6th, 1921.
The Senate met pursuant to adjournment at 11 o'clock, A. l\L, and was called to order by the Presdent.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Foy, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. \Vohlwender moved that House resolution No. 11 be taken from the table.
Mr. \Vohlwender asked unanimous consent that he be allowed five minutes in which to explain his position with reference to the bill and the consent was granted.
Mr. Campbell rose to a point of order.
The point of order stated wns that on yesterday the General Assembly passed a joint resolution providing for a joint session today at 11 :10 o'clock, A. M., and that the hour had arrived.
The chair sustained the point of order.
The following resolution was read and adopted:

230

JoURKAL OJ<' THE SEXATE

By Mr. Haralson-
A resolution proYiding for compensation of certain attachees of State HenatP for session "19~1.
The hour of 11 :] 0 having arrin~d, the SPnate repaired to the Hall of the House of RepresPntatin's for the purpose of receiYing a communication from his Excellency, the GoYernor.
The President of the Senate took the chair and called the joint session of the General Ass<mbly to order.
The resolution conwniug tlw joint assembl~ was read by the Secretary of the Senate.
"Cpon motion of Mr. Brown, of the 50th District, the joint assembly was <lissolw<l.
The Senate rt-tunwd to its Chambet an<l was called to order by the President.
Mr. \Vohlwentlt>r asked unanimous consent that the Senate postpone action on his motion to take House Resolution No. 11 from the table until tomorrow and be taken up under the head of Vnfinishe<l Business, and tlw consent was gTanted.
The following communication was read for tlw information of the Senate:
The members of the Senate togPther with the officers and attaches an<l press agents an inYited to attend a barbecue, as the guests of tlw President of the Senate and the citizens of l\brietta aiHl Cobh County, said barbecue to be held at Marietta on Thursday, July 14th, 1921.

\\'EDXESDAY, .JrLY G, 19:21.
Automobilt's will be furnished for the conveyance of the Senators and members of their families leaving the Capitol at three o'clock P. M.
The President urgently requested that each ancl e\'ery Senator, officer, attaclw and press agent attencl.
Mr. Nix mOY(-(l that the imitation be acceptetl aml the motion prevailed.
Mr. Richards, Chairman of the Committee on Counties and County Matters submitted the following report:
Mr. President: Your Committ<~e on Counties and County Matters
has had under consideration the following House pill, House Bill No. 1m:
An Act, to be elltitled ''an Act to ame-nd an Act, approved August ~th, 1919, creating a Bond Commission for \Yare County," aiHl we recommended that the same do pass.
Also 53 and 54, House bills do pass.
\VILL RICHARDS, Chairman.
Mr. President:
Your Committee on Agriculture having had under consideration Senah bill ~o. 47, instruct me as their Chairman to report tlw same back with the recommendation that the bill <lo pass.
MILLS, 26th, Chairman.

232

JouRXAL 01~ THE SEXATE

Mr. President:

JulY. 6th, 192L

Your Committee on Privileges and Elections, having had under consideration Senate No. 7, known as the Australian, or Secret Ballot System bill, instruct me as their Chairman to report the same back with the recommendation that the same do pass.

JAcKsoN, 21st, Chairman.

Mr. Jackson asks unanimous consent that House bill Number 45 be taken from the table and taken up for consideration and the consent was granted.
Mr. Hollingsworth introduced the following amendment:
..Amend by adding after the words, '' l7nited States of 1920'' at the end of Section 2 of said bill the following: '' ProYided, however, that said additional representatives shall receive their per diem for only the number of days served by them in this 1921 session of the Legislature.''
The Chair ruled that under Senate rule No. 37 the amendment was not in order.
Mr. Jackson asked unanimous consent that the rule be waived and the consent was granted.
The amendment \vas then adopted.
On the passage of the bill the Ayes were 41, the Nays were 0.
This bill having received the requisite constitutional majority was passetl, as amended.
The following bills were read the second time:

\VEDXEl-:iDAY, JtrLY 6, H)21.
By Mr. JonesA bill to provide for a secret and private ballot.
By Mr. Johns.A bill to <l<clare that growing crops shall be per-
sonalty.
'rhe following House bill was re~ul the second time:
By Mr. Bowden and Mr. Blalock of \VareA bill to amend an Act creating a Bond Commis-
sion for \Yare County. Mr. Richards aske<l unanimous consent that House
bills 53 and 54 be recommitted to the Committee on Counties ancl County Mattcrs, and the consent was granted.
Mr. Nix monll that wlwn the Senate adjourn toclay it stand a<ljournecl until tomorrow morning at 11 o'clock, and the motion prevailed.
Mr. Campbell mow<l that the Senat<' do now adjourn and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 11 o'clock.

234

.JorRNAL OF THE SENATE

SENATE CHA:\lBER, ATLA~TA, GA.
July 7th, 19:!1.

Tlw Senate met pursuant to a<ljourmnent at 11 o'clock .A.. M., an(l "as calle(l to order h~ tlw PrPsident.
Prayer was offered by the Chaplain.
Mr. Haralson asked unanimous consent that tlw of the roll be disp('nsed with.
Mr. \"\rohlwender object('(l.

Upon the call of the roll the following Senators answered to tlwir names:

Akin, L. R. Bellah, J. :M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. :\f. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucle. Alvin. G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. :\1. Hutchins, H. C. .Jackson, J. B. .Johns, G. A. .Jones, .John H. .Jones, 0. K. Kimzey, Sam Lassiter, W. H. Manson, Frank C. Mills, .J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards. Will Ridley, Dr. C. L. Rountree, .J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Ta.rpley, R. 0. Ta;ylor, Geo. W. Thomas, James R. Thorpe, E. lVL Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D. )1r. President

By unanimous consent the r<'a<ling of the ,Journal of yesterday's proceedings was dispenst(l with.

235
Mr. \YohlweH<ler asketl unanimous consent that the Sf.>nators haYing bills to introduce be allowed to do so at this time, and tlw con:3ent was granted.
'l'he follo\\ing bills Wt>re intro<lncecl, r<>ad the first time mHl ref<>rred to Committees.
B~ 1\fr. PopeA bill to declare the legislatiYe intent providing
how and in what manner obligations to pay attorneys' fees may be enforced.
Referred to Committee on Uniform Laws.
By Mr. Kimzey..:-\. bill to proYitlP for hohling 4 tPrms of Superior
Court in Habersham County. Referred to Committee on Special Judiciary.
By Mr. PopeA bill to amend an Act known as tlw Motor Vehi-
cle Law. Referretl to Connnittee on rnifonu l . aws.
By Mr..JohnsA bill to create the Georgia Chilclren 's Code Com-
mission. Referred to Committee on General Judiciary
No.1.

236

,JOUH:><AL OF THE ::-;EXA'f}<}

By Mr. PopeA bill to ameml the charter of the City of Ross-
ville, vValker County, Georgia.
Ht>ferre<l to Committce on Corporations.

By Mr. \Vall and Mr. Davill-
A bill to amend an Act creating antl establishing the Securities Commission.
Referred to Committee on Insurance.

By Mr. Fleming of the lOth-
A bill to require all railway compani(.'s to furnish protection to employees engaged in the yanls and shops of said companies, and for other purposes.
Referrell to Committee on Railroads.

By Mr. Lassiter of the 14thA bill to amend an Act providing how licenses
may be revoked. Referred to Conm1ittee on Insurance.
By Mr. vVall of the 5th and 1\fr. David of the 43rd-
A bill to amend an Act to regulate banking m State of Georgia.
Referred to Conm1ittee on Banks and Banking.

B)' Mr. Fleming of the lOth and Mr. Manson of the 35th-
A bill to prescribe the number of employees to be used on passenger trains.

"\YEDXE~DAY, Jl:LY 6, 1921.

237

Referred to Committee on Railroads.

By Mr. Fleming of the lOth mul Mr. Bond of the 30th-
..:\ bill to amend tlw School Laws of Georgia.
Referred to Committee on Etlucation.

By Mr. Golucke-

A bill to proYide for a rebate for a one-half of

the regular fare, when street car accepts a passenger

and no seat is provided.



Referretl to Committee on General Judiciary No.2.

By Mr. Golucke-
A bill to require operators of street cars propelled by electricity in the State to furnish separate cars for white and colored passengers.
Referred to Committee on General Judiciary No.2.

B~r Mr. Golucke-
A bill to provi<le for an Income Tax.
Referred to Committee on General Judiciary No.2.

By Mr. Manson-
A bill to create the department of Library, History and Archives for the State of Georgia.
Referred to Committee on Public Library.

238

JOUR:XAL OJ<' THE ~EXATE

By Mr. \Vohlwen<ler.
A bill to make the salary of tlw Soiicitor-Ot-n0ral of the Blue Ridge Judicial Circuit $6,000.00.
Referred to Committee on Special .Ju<liciar~.

Mr. President:
Your Committee on General Judiciary No.1 having had under consideration Senate hills Xos. 12, 22, 31, 36 and 39, request me as Chairman to report said bills back with a recommendation that tlw same do pass.
LAtiSITER, Chairman.

Mr. \Vohlwemler, Chairman of the Committee on Constitutional Amenclnwnts, submitted the following report:

Mr. President:
Committee on Constitutional .Amendments had under consideration Senate Bill Ko. 1, and instructed me as their Chairman to report tlw same back with a recommendation that the same ''do pass.''
Respectfull.r submitted,
E. 'VoHLWEXDJm, Chairman.

The following messagl' was rec<>iYe<l from the House, through Mr. Moore, the Clf'rk thereof:

Mr. President:
The House has read and adopted the following resolution, to wit:

\Y ED~E:->D.H, ,JFL 6, 1921.

239

A resolution nwmorializinp; Congress to pass C<'rtain bills proYiding for the reclamation of swamps anrl acitl lands.
Mr. Palmour, Chairman of the Committee on PriYileges of tlw floor submitt<'d tlw following report:

Mr. President:
Your Committee on Privileges of the floor has had under consilll"ration the following resolution, to wit:
B~, Messrs. Clay and Palmour-
' 'ResolYe<l that privileges of the floor be extended to Congressman Turner, of Texas, and Capt. Sheffield, of the lJ. K Navy, during their stay in Atlanta.''
"'e recommend that the same do pass. J. E. PALMOL"R, Chairman.
The report of the committeP was adopted.

The following communication was rea<l for tlw information of the Senate:

ATLAN"TA, GA., .July 1, 1921. Hon. Herbert Clay, President State Senate, The State Capitol.
M~' dear Mr. President:
I am directed to hand you the enclose<l communication, a<ldressed to the Gonrnor: and Members of the

240

JorRNAL OF THE SENATE

General Assembly, with the request that you han

it read to the Senate when that body reconwnes

vVednesday.

Sincerely yours,

R. H. HoL"'IEs,

Senator 22<1. District.

GEORGIA CAPITAL REMOVAL ASROCIATION.
ATLANTA, GA., June 30, H)21.
To His Excellency, The Governor, and Members of the General ..:.\.ssembly.
Gentlemen:
This communication is thus addressed in view of the fact that the subject matter is peculiarly of a personal and official interest to His Excellency, and at the same time is to be presented to the General Assembly for action.
Governor Hardwick very properly de~ires that provision be made for a residence in which the Chief Executive of the State and his family can liw, and at which the executive head of the State Government can entertain his friends as is befitting the State of Georgia. The present Mansion property is in such a state of dilapidation antl is actually so unsanitary as to make it undesirable as a place of residence. This Governor Hardwick insists on, and all who are familiar with conditions at the Mansion necessarily must agree with him. It is not only undesirable as a residence but is actually unsafe.

"\\'"EDNESDAY, JDLY 6, 1921.

241

Governor Hardwick suggests that the present Mansion property, valued at $450,000, be sold or exchanged, the basic figure of the transaction to be not less than that sum; that from this fund there be taken or set aside $100,000 with which to erect and otherwise provide a new Governor's Mansion to be located in Atlanta, the remainder of the fund derived from the Mansion disposition transaction to be applied to the payment of certain bonds or other obligations of the State which fall due shortly and for which it is not desired to ask refunding legislation. To negotiate this transaction the Governor suggests the creation of a special commission.
To only one of these itPms of suggestion does the Capital Removal Association raise serious objection; that is the disposal of this piece of property and absorption of the funds, just at this particular time, in the manner suggested. The proponents of the measure seeking to submit in its entirety the question of future disposition of the State Capital and its properties to a vote of the whole people of the State are, and for a long time have been in accord with the argument advanced by Governor Hardwick at this time that the properties are in such a state of decay and insufficiency as to demand attention. There is no difference of opinion on the unfitness of the Mansion for executive use, or the need for immediate provision by the State of a suitable place to house the Governor and his family; indeed, efforts to that end were made by the Capital Removalists two years ago and again last year, but those efforts were blocked and made fruitless.
Governor Hardwick takes the position that disposition _of the present Mansion property, and th~

24:?

JouRXAL oF THE SEXATE

use of funds derived for the erection of a new Mansion in the City of .Atlanta, does not <'nter into, or constitute any part of, the movement to submit tlw entire Capital Removal issue to a vote of the }Wople; although the reinnstment in ~\ tlanta propertr is to be limited to $100,000 whil< tlw value placed on tlw present Mansion property is $450,000 minimum.
In this we respectfull~ <liffer with His JiJxcellencr for two main reasons, to wit:
1. The proposal in submitting the question as a whole to a vote of the people of Georgia carri(s with it the assurance that, if the people of the State desire the Capital remowd from Atlanta, the Stah is not to be put to any mom~ expense whatever; that the State is being aske<l, if the ,ote is in favor of removal, to give merely the two pieces of old property in ~-\ tlanta, the present Mansion, value<l at $450,000, and the present State Capitol and grounds. The City of Macon an<l the County of Bibb propose to bear the balance of tlw expense, which is to provitle the State with a new Executive Mansion and a new State Capitol, the latt<>r to be located in the center of a large park, known as Tattnall Square, in the City of Macon. The vahw of the proposed new properties will be abow four and a half million dollars. Obviously, therefore, if the Mansion property in Atlanta is to be disposed of, at a valuation of $450,000, and a reinnstment nuHle of only $100,000 the Capital Removal proposal is very materially affected, and the proposed Mansion transaction, as a matter of course, becomes a vital integral part of the whole proposition to submit to the people.

\VED~E8DAY 1 Jt.'LY 6, 19:21.

23

w 2. e hohl that, UIHler the existing circum-
stances, and in light of the foregoing pres('ntation, not only is it impossible to segregate parts of the subject matter involved aiHl set aside any of its several involved items to be disposed of by simple legislative action, but that, regardless of that phase of the situation, the matter of selling or trading a piece of property of tlw value of the Executiw Mansion should be passed on by tlw people of the State, and is a part of the whole question which it is tlesirecl they shall pass upon. Certainly the Governor would not suggest the sale of the \Vestern & Atlantic Railroad, a piece of the State's property, b~ simple legislative enactment, without consulting the wishes of the people of the State. "C"ndoubte<lly he would not suggest that the \Vestern & Atlantic Railroad be traded for the Georgia Railroad aU(l some "boot," without letting the people of the State han' a say in the matter. It would not be proposed to sell the rnion Station in .A.tlanta, or the ol<l "B~xpress Building or the Hotel Building in Chattanooga un<ler such circumstances, without consulting the people of the State. These seem to be self-evident facts, and yet they are properties of tlw State of Georgia subject to sale or trade just as much ~is is the Mansion propert~' But, there is en~n more reason to consult the people on this immediate proposition since for the past eight years there has been an e\erincreasing demand that the whole subject of Capital properties be submitted to the Stah'-wide vote.

These facts and this argument are respectfully submitted for their direct bearing on these questions. The proponents of submission of the question to the people are in hearty accord with the cleclara-

244

JouRXAL oF THE SEXATE

tion that immediate proYision should be nuHle for a

proper home for the Chief Executive, and are as

anxious as they are desirous of ai(ling to that end,

but we again respectfully submit that a sale or trade

of the Mansion without consulting the wishes of the

State is not the channel through which that JH'OYisiou

should be made at this time. \Ve further submit that

all the arguments advanced to support the need for

this immediate attention are conclusive reasons why

the Capital Removal question should be submitted to

a vote of the people AT ONCE and by them settled

in such a way-and the only proper way-that the

State's properties may have the attention conditions

demand.

Respectfully,

(Signed)

GEORGIA C.APITAL R.EMOYAL ASSOCIATION,

By W. E. Small.

G. Glen Toole, Mayor of Macon. 1!.,. Joe Bishop, Chmn. Bibb Co. Commissioners. John T. Moore, Bibb Co. Commissioner. Chas. W. Stroberg, Bibb Co. Commissioner. Kenmore Burns, Bibb Co. Commissioner.

Ben. J. Fowler, Nat R 'Winship, J. F. Malone,

R-epresentatives from Bibb County.

R. H. Holmes, Senator of the Twenty-second District.

G. vV. Lankford, R-epresentative from Toombs Co.
J. A. Dixon, R-epresentative from ,Tenkins County. A. S. Anderson (Ex-Representative) from J enkinR
County.

.WEDNE::iD.H, JrLY 6, 1921.

245

The following bills were read the second time:

By Mr. Johns-
A bill to provide for the foreclosure of bills of sale.

By Mr. Bond-
A bill to ame11<l Section 917 of Vol. 1 of Code of 1910 by striking the word ''male'' in first line of said section.

By Mr. Thomas-
A bill to regulate and prescribe certain matters of review proceclure and practice in the Courts of this State.

By Mr. Fleming of the lOthA bill creating a State Board of Architects.

By Mr. Snow-
A bill to provide for the return and transmission of interrogatories taken under the transmission of Article I. ancl II. of Chapter 6 of the 6th Title of the Code of Georgia.

The following resolutions were introduced, read and ordered to lay over one day.

By Mr. Fleming of the lOth-
Resolved, That a vote of confidence be expressed in both the State College of Agriculture and the State Department of Agriculture.

246

Jo-cRXAL OF THE SEXATE

By Mr. Fleming of the lOth-
Resolved, That CongTess be hereb~r memorialized and requested to enact any legislation to return certain funds to Georgia illegall~ collt>ctetl in 1865 to 1869.

The following House resolution was read and ordered to lay over one <la~.

By Mr. Yocelle of Camden-
A resolution memorializing CongTess to pass certain bills providing for the reclamation of swamp and acid lands.
Under the head of Unfinislw(l Business the following House resolution was taken up for consitleration:

By Mr. McMichael of Marion-
A resolution requiring the State Highway Commission to furnish to the Gf'neral .Assembly certain information relative to said Highway Commission.
The question before the Renate at this time 'vas upon the motion of Mr. W'ohhn>n(ler on ~ester<lay to take the above resolution from the table.
Mr. Bellah moved to postpone consideration of this measure until next Tlnus<lay.
The President ruled the motion out of or<lt>r.
Mr. Ellis asked unanimous const>nt that he be allowed five minutes in which to state his position on this matter and the consent was granted.

\YEDXE:->DAY, J"LLY 6, 19:21.

247

The resolution was taken from the table and placed in its regular order on the calendar.

The follo"ing bill was read the third time and taken up for consideration:

By Mr. Jones of the ;~7th-
~\ bill to proYi<le for a secret all<l pri,att> ballot.
On motion of Mr. \Yohlwend('r 's action on this bill was postponecl till next ThurRcla~, .July 14th, and 300 copies orderPcl printed for the information of the General Assembly.

The following House bill was rea<l the third time and placed upon its passage

By Messrs. Bowd<:>n and Blalock of Ware-
A bill to amend an Act creating a Bond Commission for \Yare County.
The repoit of the committee, which was fa,orable to the passage of the bill, was agrN'<l to.
On the passage of the bill tlw Ayes ,,,.ere 43, Nays 0.
The bill haYing nct>iwd the nquisite constitutional majority was passed.

The following SenatP bill was read the third time and placed upon its passagP:

By Mr. Johns-
A bill to declare that growing crops shall be per'sonalty.

248

JocRXAL o.F THE SEXATE

The report of the committee, which "as fayorable to the passage of the bill, was agreed to.
On the passage of the bill the .Ayes were 35,
Nays o:
The bill having received the requisite constitutional majority was passed.
The following House resolution was r<'ad and adopted:
By Mr. McMichael of MarionA resolution requesting the State Highwa~T Com-
mission to furnish to the General Assembly certain information relative to said Highway Commission.
The following bill was read the third time and placed upon its passage:

By Mr. Davidson-
A bill to amend the Constitution of the State of Georgia so as to create the County of Peach.

A BILL.
An Act to propose to the qualifietl electors of this State an amendment to Paragraph :2, Section 1, Article 2, of the Constitution of the State of Georgia, as amended by the ratification of the qualified electors of the State of the several Acts approved, respectively; on July 19, 1904, .July 31, 1906, July 30, 1912, August 14, 1912, July 7, 1914, July 27, 1914, August 11, 1914, ~..\ugust 15, 1917, August 21, 1917, July 30, 1918, August 11, 1919, July 8, 1920, and August 14, 1920, and for other purposes.

-\VEDXE::;DAY1 JL'LY 6, 19:21.

249

Section 1. Be it enacted by the General Assembly of the State of Georgia, an<l it is hereby enacted by the authority of the same, That the following amendment is her~by proposed to Paragraph 2, Section 1, Article 2, of the Constitution of the State of Georgia, as amended by the ratification of the qualified Yoters of said State of the several _Acts approved, respectively, on July 19, 1904, July 31, 1906, July 30, 1912, August 14, 1912, August 14-, 1912, July 7, 1914, .July 27, 1914, August 11, 1914, August 15, 1917, August 21,1917, July 30,1918, .August 11, 1!H9, July 8, 1920, and August 14, 1920, to wit:
By adding to said paragraph the following language:
Provided, howeYer, that in addition to the counties now provided for by this Constitution there shall be a new county laid out and created from the territory now comprising Houston and Macon Counties, to be made up and compose<l of all that part of the territory of Houston an<l Macon Counties describe<l and contained within boundaries as follows:

''Beginning at th<> point where the Counties of Bibb, Houston and Crawford corner, running thence along the line between the Counties of Houston a111 L Crawford, to the point where the Counties of Houston, Crawford and Macon corner; thence in a southwesterly direction along the line between the Counties of Crawford all(l Macon, to the middle of the run of Flint river; thence In southerly direction, down the tnid<llc of the run of Flint river to the southern line of fractional lot No. 149 in the Eighth District of Macon Comity; thence east along the southern line of lots Nos. 149, 140, 117, 108, 85, 76,

250

JouRXAL m THE SEXATE

53, 44 and 21 in the Eighth District of Macon Count~ to the southwest corner of lot No. 12 in tlw Eighth
District of Macon County; the>nce south along the
western line of lot No. 13 in the Eighth District of
Macon County, to the southwe>st conwr of sai<l lot
No. 13 in the Eighth District of Macon County; thence east along the southern line of sai< l lot No. 13 in the Eighth District of Macon Count~, to the southwest corner of lot No. 2;):~ in the Ninth District of Macon County; thence south along the w<>stern line of lot Nos. 254, 255 an<l 2;)6 in thl' Ninth District of Macon County, and the w<>shrn linP of Kos. 1, 32, 33, 64 and 65 in the FourtePnth District of Macon County to the southwest cornpr of sai<l lot No. 65; thence east along tlw soutlwrn lin<> of lots Nos. 65, 66 and 67 in the Fourteenth District of Macon County to the southwest conwr of lot No. 68 in the Fourteenth District of :Macon Count~'; thence south along the western line of lot No. !);~ in the Fourteenth District of Macon Count~ to the southwest corner of lot No. 93 in tlw Fourt<>enth District of Macon County; thence C'ast along tlw soutlwrn line of lots Nos. 93, 92, 91, ~)0, 89 all<l 88 in the Fourteenth District of ]\iacon County to tlH southwest corner of lot No. 87 in the FourtC'enth District of Houston County; thence continuing Past along tlw southern line of lots Nos. 87, 8(), 85 all<l 84 in the Fourteenth District of Houston County; thence north along the western line of lots Nos. 8:~, 78, 51, 46, 19 and 14 in the Fourteenth District of Houston County to the southwest corner of lot Ko. 33 in the Ninth District of Houston Count~; thC'nce north along the western line of lots Nos. 33 and 34 in the Ninth District of Houston Count~ to the southwest

"\VEDXEKDAY, ,JPLY 6, 1921.

251

corner of lot No. 35 in the Ninth District of Houston County; thence east the entire length of the south line of said lot No. 35; thence north the entire length
of the east line of said lot No. 35 r thence east the
entire length of the south of lot No. 29; thence north the entire length of the east line of lot No. 29 ; thence east the entire length of the southern line of lot Ko. 5 (said lots Kos. 39, 29 and 5 lwing in the Ninth District of Houston County) to the line between the I\inth and TNlth Land Districts of Houston County; thence north along said district line to the southwest corner of lot No. 11 in said Tenth District; thence east the entire length of southern line of lot No. 11; thence north the entire length of the eastern line of lot No. 11 ; thence east the entire length of the southem line of lot No. 23; thence north the entire length of the eastern line of lot I\o. 23; thence east tlw entire length of the southern line of lot No. 31; thence north the entire length of the eastern line of lot No. 41 ; thence east the entire length of the southern line of lot No. 57; thence north the entire length of the eastern line of line of lot No. 57; thence the entirP length of the southern line of lot No. 71; thence north the entire length of the eastern line of lot No. 71; thence east the entire length of the southern line of lot No. 91; thence north the entire length of the eastern line of lot N"o. 91; thence east the entire length of the southern line of lot No. 101 ; thence north the entire length of the eastern line of lot No. 101 ; thence east the entire length of the southern line of the southern line of lot No. 125; thence east the entire length of the southern line of lot No. 131; thence north the entire length of the eastern line of lot Ko. 131 ;

252

.JouR~AL OF THE SEXATE

thence east the entire length of the southern line of lot No. 159; thence north the entire length of the eastern line of lot No. 159; thence east the entire leng-th of the oouthern line of lot No. 161; thence north the entire length of the eastern line of lot Ko. 161; (said lots Nos. 11, 23, 41, 57, 71, 91, 101, 125, 131, 159 and 161, being in the Tenth District of Houston County) to the southwest corner of lot No. 144 in the Fifth District of Houston Count~; thence north along the western lirre of lots Nos. 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, and 154 to the line between Houston and Bibb Counties; thenc(' westerly along the line between the Counties of Houston and Bibb, to the point where the CountieR of Houston, Bibb and Crawford corner, the Rame being the point or place of beginning.''
That the said new county shall be known as the County of Peach and the City of Fort VallPy shall be the county seat of the same.
That, irrespective of other provisions of this Constitution, said County of Peach shall, upon its creation, be entitled to one representative in the House of Representatives of this State, and said County of Peach shall be entitled to one representatiYe in the House of Representatives of Georgia until the appointment shall be changed by law, in accordance with the provisions of this Constitution.
That in said County of Peach shall be attached to the same Congressional District, and to the same Judicial Circuit, and to the same State Senatorial District as those to which the County of Houston is attached to the date of the ratification of this amendment.

25:1
''That all legal Yoters residing in the limits of the County of Peach entitle<l to Yote for members of the General Assembly under the laws of Georgia,
shall, on the first 'Veduesday in .January following
the ratification of this proposed amenclment, elect a representative in the House of Representatives of this State, and an ordinary, a clerk of the Superior Court, a sheriff, a coroner, a tax collector, a tax receiver, a count~, treasurer and a county surve~'OT'. Said special election shall be hcl(l at the several election precincts existing within the limits of . said Peach County at the time of the adoption of this proposed amendment; and the ordinary of Houston County shall appoint election managers for such election precincts as may be located in Houston County at the time of the adoption of this proposed amendment; and the ordinary of Macon County shall appoint election managers for such precincts as ma~' be located in Macon County at the time of the adoption of this proposed amendment. On the day succeeding the holding of said election, managers shall meet at the council chamber of the Mayor and City Council of the City of Fort Valle~- and consolidate the Yote for the officf'rs named; and the general laws of the State now in force as to election, consolidation of the votes, the return of the <:>lection and the commission of officers shall be applicable to the officers elected at the election herein provided for. The officers elected at said election and the representative in the House of Representatives shall hold their offices until the next general election for such officers throughout the State, and until their successors are elected and qualified. The General Assembly is
hereby given power to create any additional statu-

:25-1:

.JorRXAL OF THE REXATE

tory offices in said county statutory courts therein, and to provide for filling said offices. Any vacancies that may occur before the next general election, after the elections as hcrPin provided may be filled in the same manner as such vacancies are no,,- filled under the law. The Justices of the PPace a1Hl the constables residing in thP tPrritor~- incluclP<l within the limits of the said County of Peac.h shall t>xerris0 the duties and powers of their officps until 1ww militia <listricts are lairl out in sai<l Count~- of Peach as now proYi<lecl by law, and .Jm;tice of the Peace and constable therefor elected."
That the Superior Court of sai<l county shall be held on the first MolHlay in March and the first Monday in St'ptember of each year.
That the Congressional an<l Senatorial Districts, the Judicial Circuit to which sai<l Peach County is attache<l, the time of hohling the tPrms . of the Superior Court and thP limits of the count~- shall be as designated aboYP until changed b~- law.
Provided, that the laws applicable to the organization bf new counties as found in Section 8:29 to 848 inclusive of the Code of 1910 of Georgia, and in any other Acts or Sections having applicability, are hereby made applicable to said County of Peach, wherever the same nUl)' be created h~ the proposed amendment to the Constitution, and that said county when created shall become a statutory county and shall be subject at all times to all laws applicable to all other counties of this State.
That the property of all tax payers included within the limits of the said Peach County as hereinabout

"\\'ED~E~D.\Y 1 ,JrLY 6, 19:21.

255

<lesig11ated is hereby made ratably chargeable with any debt that may haw been incurred by either of the counties from which the territory included in the new County of Peach is taken by the legally constituted authorities of the counties for the purpose of raising revenue for the benefit of either of said counties, whether the said debt is a bonded debt or one which has been incurred for the benefit in any way of either of said counties. The value of the taxable property included within the limits of the said County of Peach at the time of the adoption of this amendment to the Constitution in proportion to the value of the property in the counties from which the said County of Peach is taken shall determine the proportional amount of the indebtedness which shall be borne by the property of the tax payers located within the limits of said proposed new county.
Authority is hereby given to the ordinary of the said County of Peach and to the officers of the counties from which said territory is taken who are charged with the manag<>ment of the business of said counties to settle and agree upon an amount of the said indebte<lness that shall be assessed against and paid by the County of Peach; and it is hereby made the clut:v of the onlinar~ of the said County of Peach when the amount of said incl<.>btedness with which the said County of Peach is chargeable is so ascertained to cause a tax to be levied upon all of the property within the limits of the said County of Peach sufficient to pay off an<l discharge the proportional part of the indebtedness due by the said Peach County.

.JOL"HXAL OF THE SEXATE
"In the eYent of the failure or refusal of the ordinary of Peach County to levy such tax, it shall be the duty of the .Judge of the Superior Court of the Circuit to which the said County of PPach is attached to compel the ordinary of the said Peach County to perform the duty lwrein required of him. In the event of the failure of tlw authorit~ of tlw counties from which the said county is createtl awl the ordinary of the said Peach Count~- to ascertain and agree upon the amount of said indebtedness, tlwn either of said counties may bring a suit against the said County of Peach in the Superior Court of said County of Peach for the purpose of haYing the proportion of said debt so assumed by the said Count~ ascertained; awl tlw said Superior Court is hereby giYen power to enforce whatever judgment may be had as the result of saitl trial hy compelling the ordinary of said Peach Count~ to leYy a tax sufficient for the payment of th<' imlebte<lness fonwl to be due by the Count) of Peach; cause the sanw to be collected and paid to the constituted authority of the county or counties from which said Peach County is created entitle<l to rPcciYe the same.
"It is especially proYitlP<l that all a<l YalorPm and special taxes awl all other reYPnues r<'alizc<l for the year in which this anwn<lment is adopte<l or ratifi.ed h) the qualifiPtl voters of this State shall be appliP<l to any iwlebtedness, except bowlPd in<lt>bteclness, due and O\Ying by either of the counties from which the said Peach County is created; it being the purpose of this provision to fix the basis of settlement between the counties imohecl upon their financial condition on the thirty-first day of December following the ratification of this amPn<l-
Jnent. ''

\VEDXE@AY, .JcLY 6, Hl21.

257

Sec. 2. Be it further enacted by authority of the same, That whenever the proposed amendment to the Constitution shall be agreed upon by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the Yeas and Nays thereon, the Governor shall be, and he is hereby authorized and instructed to cause the above proposed amendment to be published in at least in two newspapers in each Congressional District of this State, for the period of two months next preceding the time of holding the next general election, ancl the Governor is further authorizecl and directed to provide for the submission of the amendment pro- posed for ratification or rejection to the electors of this State at the next general election to be held after such publication at which election every person shall be 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 said proposed amendment shall have written or printed on their ballots the words ''For amendment to the Constitution creating the County of Peach,'' and all persons voting at said election against the acloption of the said proposed amendment shall have written or printe(l on their ballots the words ''Against the amendment to the Constitution creating the County of Peach.''
If a inajority of the electors qualified to vote for members of the General Assembly voting thereon .3hall vote for the ratification of said proposed amendment, tlien the Governor shall, when he as-

258

JOUJlNAJ. OF THE SENATE

certains the same from the Secretar) of State, to whom the returns of said election shall be referred in the manner as in cases of elections for members of the General Assembly to count and ascertain results issue his proclamation for one ins<.>rtion in one daily paper of this State, announcing such result, and declaring the amendment ratifi<>d.
Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same arc, hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
The bill imolving a constitutional amttn<huent, the roll call was ordered and the vote \Vas as follows:

Those voting in the affirmative were Messrs.:

Ak:ln, X.. R. Bellah, J. M. Bond, Chas. N. Boykin, James H.
Brown, L. C.
campbell, R. w. Chillls, m. w.
Cone, Howell David, A. B.
Davison, J. ll!.
ll!llis, R. c.
Fleming, Denis Foy, .John E. Golucke, Alvin G. Haralson, Pat

Holli~UJ~~worth, J. C. Hutchins, H. C. Johns, G. A. Jones, John H. Jones, 0. K. Kimzey, Sam Lassiter, W. H. Manson, Frank C. C\iills, .J. H. Nix, 0. A. Pa.Imour, J'. ll!. Peacock, C. H. ,Pope, David F. Richards. Will Ridley, Dr. C. L.

B.ountree, J. X.. Snow, Russell ll!. Stovall, ll!. B. Tarpley, R. 0. TB~Jlor, Geo. W. Thomas, .James R. Thorpe, ll!. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, ll!ti Womble, M. D.

Those voting in the negatil"e were Messrs. :

Holmes, R. H.

Jackson, J. B.

"TEDXESDAY, ,JULY 6, 1921.

259

Those not Yoting were Messrs. :

Collum, J. M. Colson, D. C.

Fleming, W. 0. Hunt, T. M.

Sheffield, R. H. :\ir. President

Ayes 43; Kays 2.

The bill having receiYecl the requisite constitutional two-thirds Yote was passed.
Mr. \Yohlwt>ncler moncl that when the Senate adjourn toda~ it stand a<ljournecl until tomorrow morning at 11 o'clock, an<l the motion prevailed.
Mr. \YohhYender moYed that the Senate do now a<ljourn and the motion preYailecl.
The President announced the Senate adjourned until tomorrow morning at 11 o'clock.

260

JouRXAL OF THE SEXATE

SENATE CHAl\IBER, ATLAXTA, GA.
July 8th, 1921.
The Senate met pursuant to adjournment at 11 o'clock a. m., and was called to order by the President.
Pra~er was offered b~- the Chaplain.
By unanimous consent, the call of the roll \Yas dispensed with.
Mr. Foy, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Golucke asked unanimous consent that Senate Bill Kumber 68 be withdrawn from the Committee on General Judiciar~- :\umber Two aud be re-committed to the Committee on Appropriation8 and Finance, and the consent was granted.
~Ir. Golucke asked unanimous consent that Senate Resolution Number 16 be withdrawn from the consideration of the Senate, and the consent was granted.
1\fr. Nix of the 51st asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time, and the consent was granted.
The following Senate resolution was introduced and ordered to lay o\er one day:

FRIDAY, J l:LY 8, 1921.

261

By Mr. Brown-
A resolution providing for nn investigation of tlw State Department of .Agrioulture.

The following <'omnmnication was read for the information of the Senate:

July 6, 1921.
Ho~ORABLE HERBERT CLAY, President of the Seuate, G011eral Assembly State of Georgia, Atlanta, Ga.

Jl.iy Dear Mr. Clay:
For myself aud my congregatiou, I am happy to
extend to .vou and the members of the Senate a c. or-
dial welcome to our city. "\Ve beg to assure you thitt it will be our good pleasure to do anything that we are able to make your stay in Atlanta both pleasant and profitable.
By unanimous action my offit'ial board joins me in extending to you and the members, of the Senate a cordial invitation to worship with us during your sojourn here. Every legislator will find our doors open to him and a ,,axm ,,elcmne a'\\aitiug him.
::Uy official board and myself furthermore beg to extend to you and the members of the Senate an illvitation to worship at our (1Jmtth as a lmdy on Sunday, July 24th, at 11 a. m. "\Ye have set the date for this special invitation at the last of the month because we have understood that man~ members of the .>\.ssembly speud the Wel'k-ends at their homes during the first of the session. 1\Te would like to

262

JOURXAL OF THE SENATE

have your body take some action, as may suit your pleasure, with reference to the special service on July 24th. A like invitation has been addressed to the House of Representatives.
with be-st wishes, I beg to remain
.Most cordially yours,
CosTEN J. HARRELL,
Pastm First Methodist Church, Atlanta, aa.

Mr. \Vohlwender moved that the invitation be accepted, and the motion prevailed.

The following was read for the iitformation of the Senate:
July 2, 1921.
HoN. CHAS. L. RIDLEY, Senator, State Capitol, Atlanta, Ga.
Dear Sir:
If you wish to be vaccinated against t~phoid fever at any time during your stay in Atlanta this summer, call at the laboratory of the State Board of Health, Capitol basement, Hunter street entrance.
Laborator~ open from 8 :30 a. n1. to 5 :00 p. m.
Sincerely yours,
T. F. ABERCROMBIE,
Commissioner of H Palth.
Mr. \Vohlwender moved that when the Senate adjourn today it stand adjourned until ~1onda~, July 11th, at 11 o'clock a. m., and the motion prevailed.

FRIDAY, JL:LY 8, 1921.

:263

The follo'>Ying message was received from His Excellency, the Governor, through his Secretary, Mr. Blalock:

M1. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing to which he respectfully invites your attention.

The following communication was received from His Excellency, the Governor:

I herewith transmit a communication from the Comptroller-General of the State enclosing a detailed and itemized account of the appropriations for 1921, of the amounts paid on each appropriation and of the undrawn balance on each appropriation, as of elate July 1, 1921.

In my opinion, the General Assembly is entitled to this information, and I trust you will give the same most careful consideration at this juncture.

Respectfully submitted,
THoMAs vv. HARDWicK,

July 8, 1921.

Governor.

The communication was referred to the Committee on Appropriations and Finance.

Mr. Golucke, chairman of the Committee on Special J ucliciary, submitted the following l"eport:

Mr. President:
Your Committee on Special Judiciary has had under consideration the following Senate Bill:

26

JoL"RXAL OF THE SEXATE

By ~Ir. Golucke-
A bill to amend Paragraph 22, Section 1, Article 1, of the Constitution, so as to confer upon the General Assembly the power to prescribe that side-arms, such as pistols, shall be borne only by persons in the military service, etc.
\Ye recommend that this bill do pass.
GoLUCKE of the 19th, Chairman.

::\Ir. :Xix of 51st District, Chairman of the Committee on General Judiciary Committee Ko. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary X o. 2 han had under consideration the following bills of the Senate and have instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
X o. 32, by ~Ir. Rountree of the 16th, regulating the salaries of stenographic reporters in certain judicial circuits of this State.
X o. 34, by ::\Ir. Pope of the 44th, providing compensation for juries in Justice Courts.
X o. 50, by :Mr. Thomas of the 3rd, prescribing the bill of costs in cases carried to the Supreme Court and the Court of Appeals.
Respectfull~' submitted,
Xrx, Chairman.

FRIDAY, .TrLY 8, 1921.

26;)

'l'he following hills were introduc<d, read the first time and referred to committP<'S:
B~ ~fr. RountreeA hill to codify the sehool laws of tlw Statl' of
G(orgia. Rt>f<'l'l't>d to tlw ( 'ommittt>P on I~<lucation.

B~ \[r. Bo~kin and otlwrs-
A hill to prmitlC' for th<> exl'rcist> of tlw dection fn111chisC' hy ft>mnles.
Referred to tlw ( ~onnnittt>e on GPneral Judiciar~ Xo. 2.

By :\fr. Ji'leming of tlw 1Oth-
A bill to dPfine the rights, duties and liabilities of innkePpPrs and guests in ngar<l to property hrought into inns h~ guests.
Refenecl to the Committet> 011 Gt>ucral .Judieim~ No. 1.

By :.\Ir. Thomas-
A hill to rC'penl St>ction 967 of Peual Code JH'OYi<ling for criminal procedure in <rimiual eases.
Reft'rred to the Committee on GC'nC'rnl .Judiciar~ ~0. 1.
B~ ~Ir. 1IansonA bill to prescribe number of Pmplo~ees to he used
011 passenger trains, t>tc.
RefPITt>d to the ('onnnittC'C' on Railroads.

266

JoL"RXAL OF THE SEXATE

By ::\[r. l\Ianson-
A bill to repeal Section 65 of the school laws providing for appointment by Superintendent of Schools of an auditor.
Referred to the Committee on Education.

By l\fr. ::\[anson-
A bill to create and establish a Board of Public \Y elf are.
Referred to the Committee on General Jmlieinn ~0. 1.

The following message was received from the House, through :\Ir. )'[oore, the Clerk thereof:

Jlr. President:
The House has read and adopted the following resolutions to wit:
A resolution authorizing an investig'ation of the State Highway Department.
A resolution calling upon CongTess to retum to the State the taxes illegall~ eolleded during tlH' years 1863-68 on cotton.
The following message was received from the House, through 1\:Ir. Moore, the Clerk thereof:

JJ.r. President:
The House has passed by the requisite constitutional majority the> following hills to wit:
A bill to appropriate $25,000 to suppl~ a defieiPne~

FRIDAY, J"C"LY 8, 1921.

:267

for the upkeep of the public buildings and grounds for the year 1921.
A bill to abolish the local school s~stem in and for the Town of wrens, in .Jefferson Count~, Georgia.

The following messag-e was receiYed from the House, through .J[r. ~\[oore, the Clerk thereof:

Jfr. Presidetlf:
The HousP has passed h~ the requisite constitutional majority the following hills of tho Senate, to wit:
A bill to abolish the office of County Treasurer of Dougherty County, Georgia, to proYicle how funds of said county shall be received and deposited, and for other purposes.
A bill to amend the chartPr of the Cit~ of Alban~, and for other purposes.

The following hills, faYorahl~ reported, were read the second tinw, to wit:

By .Jir. Rountree-
A bill to regulate tlw salaries of stenographic reporters of all judicial eireuits.

B~ ~Ir. PopeA bill to amend Section -4-74-7 of Park's Codes.

By ~Ir. GoluckeA bill to confer upon the General Assembly the

.JoURXAL oF THE SExATE
}Hn\er to prescribe that side-anns shall lw horne onl:v by persons in military service, etc.
By .!\Ir. 'l'homasA hill to prescribe the bill of cost m cases car-
ried to the Supreme Court, etc.
The following House resolutions were read and ordered to lay over one day :
By Mr. :McMichael of MarionA resolution requesting for an investigation of
the Highway Department.
B, 1\ir. Beekham of Dou0ohcrtvA resolution to call upon Congress to return to
the State the taxes illegally collerted on rotton during the years 1863-1868.
The following House resolution was l"l'<H1 aud adopted:
By ::\Ir. Vacelle of CamdenA resolution memorializing Congnss to p<u;s eer-
tain bills providing for the reclamation of swamp and acid lands.
The following bills of the House were read the first time and referred to committe('S:
By ~fr. King of JeffersonA bill to abolish the local school system in and for
th0 Town of Wrens. Hefenw1 to the Committee on Education.

FRIDAY, JcLY 8, 1921.

269

By ~fr. DuBose of Clarke-
.A_ bill to appropriate $25,000 to supply a uefici~ncy for the upkeep of th~ public buildings an<l grounds for year 1921.
Referred to the Committee on Appropriations and Finance.

The following eonununicatioit was read for the information of the Senate:
July 8, 1921.
Subjed: Legislative gxamination, State Highway Department of Georgia.
Hox. HimBERT CLAY, President of the Senate, State Capitol, Atlanta, Ga.
Hox. CBCIL NEILL, Speak~r of the House, State Capitol, Atlanta, Ga.
Sits:
I have before me the substitute for House Resolution No. 5 and note its contents.
You will note h~ reference to the board's report that I have asked for a full innstigation. I am still making that request.
\Ye regret the wording of the resolution, yet we join hands with the Senate and the House of Representatives in requesting a full, fair and impartial iiivestigation of the entire Highwa~T Department.
\Ye would he glad if the criticisms contained in the aforemeutioned rpsolution could he eliminated,

270

JouRXAL oF THE SEKATE

yet even with the criticisms therein contained W<' join our request for the appointment of the committee therein named with power to investigate.
If we can be of any service or furnish any information to the Senate and House or an~ member thereof even outside of any inwstigation, I assure you that we stand ready to do so.
Yours very trul~,
c. ~[. STRAHAX'
Chairman, State Highway Board.

Leave of absence was granted Mr. Holmes until 'Vednesday, the 13th, on account of important business.
~Ir. 'Vohlwender of the 24th District, moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 11 o'clock.

MoNDAY, .JuLY 11, 1921.

271

SENATE CHAMBER, ATLANTA, GA
July 11th, 1921.
The Senate met pursuant to adjournment at 1.1 o'clock A. M., and was called to order by the President.
Prayer was off('red by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Foy, Chairman of the Committee on Journals, reported that the Journal had been examined and found correct.
By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with.
Mr. Nix asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time and the consent was granted.
Mr. Hollingsworth arose to a question of personal privilege and his remarks were as follows:
Senator from the 17th: Mr. President.
President: The Senator from th0 17th.
Senator from the 17th: I arise to question of personal privilege.
President: The Senator from the 17th is recognized:
Senator from the 17th: Mr. President and Gentlemen of the Senate: A fe'v days ago when the reapportionment bill was up for passage, the Senator

272

JouRXAL OF THE SEXATE

from the--District asked if in tb is passage of this bill any present member of the House would be displaced. I replied that it was my information that no member would be displaced, but was not sur<' about it.
whereupon the S<>nate recessed for thirt~ minutP8 and the President appointe<l Senators Hollingsworth, Boykin and \Vohlwender as a committee to ascertain from the House whether any mPmbN would be displace<l. This committ<:>e repaire<l to the> House chamber and conferred with those in chargP of the companion bill in the House and we wPre informed by them that it displaced no member of the
present House. I, as chairman of that committee, reported to the Senate that WP fonncl no nwmlwr
would be displaced.
I was surprised to learn on yesterday that Houston county will lose a member. I regret that tlw information we acted upon was not correct, but had we found that a member of the Houston dl'legation would be displaced, it could not luwe effecte<l the merits of the bill on passage as it appears that Houston did not come within the thirt~ counti<>s entitled to two votes undPr the "Lnit<><l States Cmsus of 1920.
HoLLIXGSWORTH, of the 17th District.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

JJ1r. President:
The House has read and acloptc<l the following resolution, to wit:

J\foKDAY, ,JULY 11, 1921.

273

A resolution requesting members of Congress from Georgia to urge the passage of bill to authorize loan to farm loan banks.

The following message was receiYed from the House, through :Mr. Moore, the Clerk thereof:

1111-. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to regulate the statistics of leaf tobacco sold upon the floors of the Leaf Tobacco \Varehouses of Georgia.
A bill to appropriate $25,000.00 to the contingent fund of the executive department for the year 1921.
A bill to amend the charter of Cedartown in Polk County, and for other purposes.

The following bills were introduced, read the first time and referred to Committees.

By :M:r. Thomas-

A bill to amen<l an Act establishing the City Court

of Jesup.



Referred to Committee on Special .Judiciary.

By Mr. Akin and Mr. weaver-
A bill to establish kindergartens m the public schools of this Rtate.
Referred to Committee on Education.

274

JouRNAL OF THE SENATE

By Messrs. Akin, Jackson and Manson-
A bill to fix the amount of the annual pension to be paid the Confederate soldiers.
Referred to Committee on Pensions.

By Mr. -w-eaver and Mr. Akin-
A bill to provide for the organization of corporations with non par stock.
Referred to Committee on Corporations.

By Mr. Fleming of the lOth-
A bill to further regulate and control the sale of commercial fertilizers in this State.
Referred to Committee on General Agriculture.

By Mr. Manson-
A bill to repeal an Act establishing a Legislative Reference Department.
Referred to Committee on Public Library.

By Mr. Weaver and Mr. Akin-
A bill to permit :tll corporations to increase their capital stock.
Referred to Committee on Banks and Banking.

By Mr. Manson-
A bill to amend au Act establishing a Boanl of Examiners in Optometry in Georgia.
Referred to Committee on Hygiene and Sanitation.

MoxDAY, JuLY 11, 1921.

275

By Mr. Weaver and Mr. AkinA bill to permit all corporations to issue non par
stock, etc. Referred to Committee ou Iusurance.

By Mr. Johns-
A bill to create and organize a new Judicial Circuit of the Superior Courts of this State.
Referred to Committee on General Judiciary No.2.
Mr. Jones, of the 37th District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations have had uucler consideration the following bill of the Senate, and have instructed me as chairman, to report the same back to the Seriate with the recommendation that the same do pass :

By Mr. Cone-
A bill to amend an Act creating new charter for City of Statesboro.
JoxEs, (37th) Chairman.

Mr. Palmour, of the 33rd District, Chairman of the Committee on Privileges of the l!,loor, submitted the following report:

276

JouRXAL m' THE SExATE

111r. P 1esident :
Your Committee on PriYilegt-s of the J1,loor han_' had under consideration the following resolution of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
A resolution extending the priYileges of the floor to Hon. Seale Harris and Major-General P. C. Harris for a period of three days.
Respectfully submitted,
J. E. P ALl\10UR, Chairman.

The report of the Committee was agreed to and the resolution was adopted.
Mr. Weaver asked unanimous consent that his name be added to Senate bill No. 79 and the consent was granted.

The following bill of the Senate having been favorably reported was read the second time:

By Mr. Cone-
A bill to amend an Act creating a new charter for the City of Statesboro.
The following House resolution was nad and ordered to lay over one day:

By Messrs. Hamilton of Floyd and Singleton of Grady-
A resolution requesting members of Congress from Georgia to urge the passage of bill to authorize loan to farm loan banks.

MoxDAY, Jt!LY 11, 1921.

277

The following House bills were read the first time and referred to Committees:

By Mr. Mundy of Polk-
A bill to amend the charter of the City of Cedartown.
Referre'd to Committ<'e on Corporations.

By Mr. webb of Imvndes-
A. bill to regulate the statistics of leaf tobacco sold upon the floors of the leaf tobacco warehouses.
Referred to Committee on General Agriculture.

By Mr. DuBose of Clarke-
A bill to appropriate $25,000 to the contingent fund of the executive department for the_ ~year 1921.
Referred to Committee on Finance and Appropriations.
Mr. Nix asked unanimous consent that Senate bill No. 14 be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on General .Judiciary No. 2.

The following bills of the Senate were read the third time and put upon their passage :

By Mr. Fleming of the lOth-
A bill to amend an Act creating a State Board of Architects.
The report of the Committee, which was favorable to the passage of the bill, was agr('ed to.

278

J OURX AL OF THE SENATE

On the passage of the bill the Ayes were 28, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Johns-
A bill to amend Section 3298 of Parks Code of Georgia.
The report of the Committee, which was f~worable to the passage of the bill, was agreed to.

Mr. Nix offered the following amendment:
Amend by striking the words ''Parks Cod<''' and inserting in lieu thereof the words ''Code of 1910. ''
The amendment was adopted.
On the passage of the bill the Ayes were 30, and the Nays were 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Bond-
A bill to amend the Code of Georgia by striking the word ''male'' in the first line of Section 917, Vol. I.
Mr. Brown moved that the bill be tabled and the motion was lost.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.

MoNDAY, JuLY 11, 1921.

279

Mr. Calhoun called for the previous question and the call was sustained.
The main question was ordered.

On the passage of the bill Mr. Brown called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell David, A. B. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

GQlucke, Alvin G. Hollingsworth, J. C. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Johns, G. A. .Jones, John H. Kimzey, Sam Manson, Frank C. Mills, J. H. Nix, 0. A. Palmour, J. E. Pope, David F.

Richards, Will Ridley, Dr. C. L. Snow, Russell E. Tarpley, R. 0. Ta;ylor, Geo. W. Thomas, James R. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M.D.

Those voting in the negative were Messrs.:

Brown, L. C.

Sheffield, R. H.

Those not voting were Messrs. :

Colson, D. C. Davison, J. E. Haralson, Pat Holmes, R. H.

Jones, 0. K. Lassiter, W. H. Peacock, C. H. Rountree, J. L.

Stovall, E. B. Thorpe, E. M. l\ir. President

Ayes 38; Nays 2.

The bill having received the requisite constitutional majority was passed.

280

JouRNAL o:r' THE SEKATE

By Mr. Thomas-
A bill to regulate and prescribe certain matters of review procedure and practice in the Courts of this State.
The report of the Committee, which was favoraul.~ to the passage of the bill, was agnetl to.
-
On the passage of the bill the "\yes Wl'l'e 30, Nays 0.
This bill having received the re11uitiite constitutional majority was passed.

The following Senate bill was re<Hl the thinl time and put upon its passage:

By Mr. Thomas-
A bill to prescribe bill of costs in cases carried to Supreme Court and Court of Appeals.
The report of the Committee, which was fcn~orable to the passage of the bill, was agreed to.
On the passage of the bill the ~\.'~es \\'l'rl' :26, Nays 0.
The bill having recein~<l the requisite constitutional majority was passed.

By Mr. Snow-
A bill to provide for the return and transmission of interrogatories.
The report of the committee, which was fayorable to the passage of the bill, was agreed to.

MoxDAY, J t:LY 11, 1921.

281

On the passage of the bill the Ayes were 31~ Nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill was read the thir<l time and taken up for consideration:

By Mr. Pope-
A bill to amend Parks Code by providing for compensation of juries in .Justice Courts.
Mr. Nix offered the following amendment:
.Amend by striking the words "Parks Code" and wherever they occur and inserting in lien thereof the words ''Code of 1910. ''
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill the .Ayes were :~4, the Kays were 0.
The bill having recein~<l the requisite constitutional majority was passed.

The following r<solution was read and taken up

for consideration:

..

By Mr. Brown-
Resolved, That a Committee from General Assembly be appointed to investigate the office of Commissioners of Agriculture.
Mr. ,Jackson arose to a point of order.

282

JouRNAL OF THE SENATE

The point of order was that as this resolution carried an appropriation it could not originate in the Senate and was therefore out of order.
The Chair sustained the point.
The resolution was automatically withdrawn from the consideration of the Senate.

The following resolution of the House was read and taken up for consideration.

By McMichael of Marion-
A resolution to investigate the State Highway Department.
Mr. Manson moved that the resolution be tabled and the motion prevailed.

The following resolution was read and adopted.
By Mr. Beckham of DoughertyA resolution to call upon Congress to return to
the State the taxes illegally collected on cotton during years 1863-1868.

The following resolution was intro<luce(l all(1 ordered to lay over one day.

By Mr. Brown-
A resolution providing for a joint committee to investigate the office of Commissioners of Agriculture.
Mr. Jackson moved that when the Senate adjourn

)fOSDAY, Jn.y 11, 1921.

283

today it stand adjourned until comorrow morning at 10 o'clock, and the motion prevailed.
Mr. Brown moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until tomorrow n1orning at 10 o'clock.

284

.Jot:RXAL or THE SExATE

SENATE 0HAJ.\1BER, ATLANTA, GA.
July 12th, H)21.
The Senate met pursuant to aujourmueut at 10 o'clock a. m., and was called to order b~ tlw J:>rc>si-
clen t.
Prayer was offered h~ the> Chaplain.
By unauimous <>onsellt the <>all of tlw roll was dispensed with.
~Ir. Foy, Chairman of the Committee on .Joumals, reported that the journal of ~estcrday 's proeeedings had been read and found to be correet.
:\Ir. \Valker gave notice that at the proper time he would move that the Senate reconsider its aetion on yesterday in passing Senate Bill No. 22.
By unanimous consent the reading of the .Journal of yesterday's proceedings was dispensed with.
)fr. \Yalker moved that the Senate reconsider its action on ~csterday in passing Senate Bill Xo. 22, and the motion prevailed.
:\Ir. vValker moved that Senate Bill Xo. 22 he recommitted to the Committee on General .Judieiar~ No. 1, and the motion prevailed.
Mr. Jackson asked unanimous consent that all Senators having bills to introduce be permitted to do so at this time, and the consent was grante<l.
The following hills were introduced, read the first time and referred to committees:

TGESDAY, JeLY 12, 1921.

285

By ~Ir. Snow-
A bill to protert railway rompanies from wires strung by wire rompanies.
Referred to Committee on Railroads.

By ~fr. \Yall-
A bill to proYi<le for the rotation of judges in this State.
Referred to tlw Committee on General .Turliria ry No. 1.

By l\fr. \Yohlwender-
A bill to amend Code of Georgia relative to corporations on interurban railroad companies.
Referred to Committee on Corporations.

By l\[r. l\fanson-
A bill to repeal an Act rreating a Board of Commissioners to make a roster of Georgia boys who serverl in the Civil \Var.
Referred to Committee on Pensions.

B~ l\fr. HutchensA bill to anwud an Act reorganizing the military
forces.
Referred to Committee on ~filitar~ Affairs.

j[r. Childs of 12th District, Chairman of the Committee on Education, submitted the following report:

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.JouRXAL m' THB SEx_-\TE

Jlr. P1esident:
Your Committee on Education han~ had under consideration the following bill of the Senate and have instructed me, as chairman, to r<.'port the same back to the Senate with the recommendation that the same do pass as amended b~ committee:
A hill to amend the school laws of G('orgia.
R.('sp('ctfull~- suhmith<l,

REPORT OF COl\DliTTEJ1~ OX APPROPRIATIONS AN'D FIXANCK
Mt. President:
The Committee 011 Appropriations and Finance have had under eonsideration Hous(' Bill Xo. 71, hy 2\fr. DuBose of Clark(', aud the~- nport said hill favorable and that it do pass.
This t}l(' 11th da~- of .Jul~-, 1921.
\YALT<ER, Chairman.
Mr. Cone of 49th District, Vice-Chairman of the Committ('e on Corporations, suhmittt'd the followi11g report :
Mr. Prr~sident :
Your Committee on Corporations haYe had under consideration the follo"ing bill of the Senate and have instructed me as ehairman, to nport the same back to the Senate with the reeomnwndatiou that the same do pass:

Tt.rEKDAY, .TFLY 1::?, 19:21.

287

B~~ J\Ir. Foy-
A bill to amend the senral Acts relating to and incorporating; the :\[a~or and Aldermen of the City of Sayannah.
Ruspectfull~ submitted, HowELL Co:xE, \'ice-Chairman.

The following Senate hills, favorably reported, were read the second time:

B~ ~[r. Fleming of lOthA bill to amend school laws of Georgia.

A bill amending the seYeral Acts relating to and corporating the }Iayor and Aldermen of the City of Savannah.
The following Senate bill was read the third time and taken up for consideration:
By ~Ir. Golucke-
A bill to amend Paragraph 22, ~eetion ] , Article 1 of the Constitution of Georgia relative to sidearms.
~fr. Golucke moved that the bill be tabled, and the motion prevailed.
The following message was received from the House, through 1\fr. Moore, the Clerk thereof:

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Jol:RXAL oF THE SEXATE

lllr. President:
The House has passed b)~ the requisite constitutional majority the following:
A bill to abolish the Board of Commissioners of Bulloch County.
A bill further empowering Board of Commissioners of :Madison County.
A bill to amend Act incorporating the :\[adison County Academy.
A bill to amend an Act incorporating the Cit) of Crawfon1Yille.
A bill to amend the charter of the City of RossYille in \Yalker County.

The following message was recein~d from the House, through l\fr. :Moore, the Clerk thereof:

lllr. President:
The House has passed b) the requisite ronstitutional majorit~ the following bills, to wit:
A hill to amend Art entitled ''An Art to rc,isc the. dental laws of Georgia.''
A bill to amend Stction 6135 of the Code of GPorgia relatiYe to lcYy on stork in corporations.
A hill to amend Section 660 of Penal Code relatiYe to Yiolation of clcrtion and registration laws of Georgia.
A bill to define who arc and who may become members of :\fidwa) Society lll Liberty Count~-.

TuESDAY, JuLY 12, 1921.

289

A bill to amend an Act incorporating the City ofToccoa.
A bill to repeal an Act to provide for the election of Executive Committee of all political parties in Coffee County.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

illr. President:
The House has passed by the requisite constitutional majority the following:
A bill to repeal the charter of the To\m of Burroughs.
A bill to repeal Act creating a Board of Commissioners of Colquitt County.
A bill to create a Board of Commissioners for Bulloch County.
A bill to amend the charter of the City of :\Ioultrie.
A bill to amend an Act incorporating the Town of Berlin in Colquitt County.
A bill to create a Board of Commissioners of Colquitt County.

The following House bills were read the first time and referred to committees:

By Mr. Atkinson of ChathamA bill to revise the dental laws of Georgia.

:290

.JouRNAL OF THE SENATE

Ref\.'rrcd to the Committee on H~giene and Sanitation.
By :\Ir. .:\loor(', ~Ir. Holloway and .:\Ir. Beutle~ of F'ulton-
A hill to amell(l Seetion 6035 of Code of G(orgia. Referred to the ( 'onnnittN on Banks and Bm:kiug.

B~ :\Ir. Hunter of Chatham-

A bill to amencl Seetion 660 of the Penal Code of the State of Georgia.
Rdl'I'rcd to the Committee on PriYileges and Elections.
By l\fr. "ay of Libert~, and ::\lr. Folsom of ~Iont gomery-
A bill to define who arc and who may become memb:-rs and select-J:neu of the .:\Iichm~ Society of Lihcrty County.
Referred to th~ Committee on Special Judiciary.
By Mr. Collier of Stephens-
A bill to aml'lHl an Ad ineorporatiug the Cit~ of Toccoa.
Referred to th~~ ( 'onnnittee on Corporatio11s.

By :Jlr. Quincy of Coffee-
A bill to provide for the election of the ~~xecu tive Committee of all political parties i1~ Coffee County.
Referred to tlw Committe(' on Cmint~ and County )fatters.

TuESDAY, JuLY 12, 1921.

291

By .Messrs. Hunter, Atkinson, Valentino of Chatham-
A bill to repeal the charter of the Town of Burroughs.
Referred to the Committee on Corporations.

B~ ::\Ir. Lewis of Colquitt-
A bill to cr~?ate a Board of Commissioners of Colquitt County.
Heferrcd to the Committee on County and County )fatters.

B~~ )fr. Lewis of Colquitt-
A hill to repeal an Ad creating a Board of Commissioners of Colquitt Count~.
Referred to the Committee on Count~ and County ::\Iatters.

B~ ~fr. Parrish and l\fr. Brown of Bulloch-
A bill to create a board of three Commissioners for Bulloch County.
Referred to the Committee on County and County )latters.

By :Mr. Lewis of ColquittA bill to amend the charter of the City of ~Ioul
trie, Georgia.
Referred to the Committee on Corporations.

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JouRNAL oF THE SENATE

By Mr. Lewis of Colquitt-
A bill to amend an Act incorporating the Town of Berlin, Colquitt County.

Referred to the Committee on Corporations.

B~ Mr. Parrish and Mr. Brown of Bulloch-
A bill to abolish the board of one Commissioner of Bulloch County.
Referred to the Committee on County and County }fatters.

By ~Ir. "Whitworth of Madison-
A bill to authorize and direct the Commissioner of Roads and Revenues of .Madison County to make deed conveying fee simple title to the Trustees of }fadison County High School.
Referred to the Committee on County and County Matters.
By Mr. \Yhitworth of Madison-
A bill to amend an Act approved December 13, 1853, incorporating the Madison County Academy, substituting the words "High School" for "Academy.''
Referred to the Committee on County and Count~ Matters.

By Mr. Bird of TaliaferroA bill to amend an Act granting corporate author-

TUESDAY, JULY 12, 1921.

293

ity to the City of Crawfordville in Taliaferro County.
Referred to the Committee on Corporations.

By :\Ir. :JicClurc of 'Valker-
A bill to amend the charter of the City of Rossville, 'Valker County, so as .to abolish the publir school system.
Referred to the Committee on Corporations.

The following Senate bill was read the third time and placed upon its passage:

By l\Ir. Cone-
A bill to amend an Act creating a new charter for the City of Statesboro.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the A~es were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

By :Jir. Rountree-
A bill to regulate the salaries of stenographic reporters of all judicial circuits of Sup~rior Courts of this State.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.

294

,JouRNAL OF THE SENATE

On the passage of the bill the Ayes \\ere -l-1, Nays 0.
The bill luwing rcceind the rcquisitP <'Ollt~titu tional majority was passed.

The following House bill, bworably reported, was read the second time :

By Mr. DuBose of Clarke-
A bill to appropriate $25,000.00 to suppl~ a deficiency for the upkeep of public buildings and grounds.

The ;following >resolution was intro<.lueed, read and ordered to lay oYer one day :

By I\Ir. \Vall and l\Ir. Thomas-
A resolution providing for a joint committee to make a careful survey and study of the salaries of State officials.

The following resolution was takefP up for consideration:

By l\Ir. Brown-
A resolution providing for an investigation of the Department of Agriculture.
Mr. \Yalker offered the following amendment:
"Amend by adding to the end of the resolution the following:
" 'Whereas, saiu investigation will necessarily be expensive to the State,

TcESDAY, JcLY 1:2, 1921.

295

" 'Therefore, be it resolved, that said matters referring to said department as to irregularities and mismanagement be first referred to the Agricultural Committee of the Senate and they be required, after due notice to said department as well as notice to others interested, to investigate and report to the Senate if in their opinion such an investigation should be had as called for in Senator Brown's resolution.' ''
The amendment was adopted.
Mr. Collum offered a substitute to the resolution.
1\Ir. \:Valker moved that tho original resolution, together with the amendment and substitute, be referred to the Committee on Agriculture, and the motion prevailed.
The following resolution was read and adopted:

By Mr. l\Iills and others-
Resolved, that A. E'. Elmore be invited to address the Senate Friday, July 15th.

The following r<'solution was read and adopted:

A RESOLUTION.
Resolved, that the privileges of the floor be extended to the Honorable G. Ernest Jones, from the State. of Alabama, a brother to Senator Johnnie Jones of the 37th District, for a period of three days.

The follo,ving message was received from His Excellency, the Governor, through his Secretary, Mr. Blalock:

296

JouR~AL oF THE SEXATE

J."llr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing to which he respectfully invites your attention:

ExECUTIVE DEPARTMEXT,
STATE OF GEORGIA,
July 12, 1921.
To the General Assembly of Georgia:
I beg to direct your attention to the absolute necessity for some disposition, at this session, of the property known as the Executive :Mansion, located in the City of Atlanta, on the corner of Peachtree and Cain streets.
That the present Governor's Mansion is uninhabitable and no longer suited for the purpose of supplying the Governor of Georgia with a residence is not a debatable proposition: I have not been able and will not be able to so use it. It is unsanitary, unhealthy and, in my opinion, its occupancy would imperil the health, to say nothing of the comfort, of whoever undertook to live in it.
In his report to this General Assembly, the Keeper of Public Buildings and Grounds, Hon. T. E ..Massengale, referred to this matter in the following language:
"I again for the third time call your attention to the Governor's :Mansion. I consider it unsafe and unsanitary and I do not think the Governor and
family should be forced t live in the house. I

TUESDAY, .JULY 1::?, 1921.

297

would suggest the sale of the :Jiansion, which in my opinion could he sold for four or five hundred thousand dollars, a suitable house bought for the Governor, and quite a nice sum be turned int_o the Treasury to go to the State's indebtedness."
In 1919, Governor Dorse~, in his annual message to the General Assembly, used the following language:
"Your attention is further called to that portion of the report of J{('eper of Public Buildings and Grounds dealing with the condition of the Executive 1\fansion. 'It is unsafe and unsanitary, it is also badly located for a residence. It could probably be easily exchanged for another home for the Governor, together with sufficient land located near the Capitol to accommodate the needs of the State for many years to come, and leave a surplus to be applied to the liquidation of the bonded debt of the State, as provid.'d hy the Constitution.' "
Again, in 1917, Chwernor Dorsey made the following recommendation to the General Assembly of this State:
''The gxecutive .Mansion should he sold or exchanged as soon as an aclnmtageous arrangement can be made. It is located \Yell within the business section of Atlanta and is ill-adapted to home requirements. Its value as an investment is wholly disproportionate to the purpose for which it is used.''
In 1917, Governor Harris, in his nwssage to the Legislature, made the following recommendation:
"It would be well if the l\fansion eould he sold or exchanged for some better place for the Governor

298

JoeRXAL oF THf: SEXATE

and his family. Lorated at the intersection of two g-reat business streets, the noise is so terrible that nothing- can be heard at nig-ht that takes place within the house. The loudest alarm would han.> no effect inside the building. A child might get sick through the night and if alone no alarm rould reaeh the parents. The cause of this is the increasing roar of the streets. The dust and smoke aeeumulahs so fast that it is impossible to k('('p the 'fansion rlean for longer than 24: hours at a time. This eaus('S a heavy expense to the Stah. The 2\Iausion also is so situated that there are odors that fill it at all times, possibly from open sewers in the streets or from defective plumbing on the lot. 2\fany sewer repairs should be made and all the plumbing- g-one o\er to make it safe and comfortable for the incoming Governor. I most earnestly advisc the LPgislaturc to dispose of the property as soon as praetirahle so as to secure a better home in the city for the Govprnor and those dependent upon him. The location and size of the lot oug-ht to give it a YPry good value, which might be utilized for the benefit of the State."
On June 23, 1915, Gowmor John }f. Slaton, in his annual message to the GPneral Asspmbl~-, said:
"I recommend for your eonsideration at somP proper season the disposition of the Executin 2\[ansion. The ground upon which it is located is nearl~ in the heart of the city and is adapted to busint>ss purposes. The value of the ground makes the poRsession of the present :Mansion an extravagance on the part of the State. "Cnder the Constitution, all the property of the State is pledged to pe1~ its bonded debt. This constitutional rnovision might he nH.'t

TuE:-;DAY, ,J-eLY 1:2, 1H2J.

299

b~ effecting an exchange of the present ::\Iansion propert~ for some other localit~ on which an appropriate .:\lansion has been erected, with surplus in cash payment to the Rtah. ''
I ngard it is useless to multiply citations of the recommendations of past chief executives of the State on this subject. Suffice it to sa~ that the Executin .:Uansion is at present wholl~ unsuited and wholl~ unsafe for residential purposes cannot be disputed. The lot on which it is located has a very large cash value and, in my opinion, would bring not less than $450,000.00, if the State is to make a fee simple title to the same, or can be readily leased at a considerable annual rental for a period of years, if that method of disposition of the property is deemed wisest.
The Constitution of our State provides:
''The proceeds of the sale of the \Vestem & Atlantic., Macon & Brunswick or other railroads held by the State, and all~ other property owned by the State, whenever tlw General ~\ssembly may authorize the sale of the whole or au~ part thereof, shall be applied to the pa~meut of the bonded debt of the State and shall not be used for any other purpose \dmtever so long as the State has any existing bonded debt.''
In spite of the fact that some of m~ predecessors have expressed the opinion that the constitutional provision above referred to is so broad in its terms as to include all public. propert~r of the State, my 0\nl opinion is that it does not include any of the public propert~ of the State held for governmental

300

,JOURXAL OF THE ~EXATE

uses, but simply inrludes property like the \Yestern & Atlantic railroad and the holdings of the State in the Georgia railroad, and such other inYestments as the State holds for private uses and for business purposes. Regardless, however, of that question, I do not think that there is the slightest doubt that the State has the right to exchange the present ~Iansi9n property for a suitable residence for the Governor and to devote the surplus arising from such exchange to the payment of the bonded debt of the State, and I urge that course upon you. In my opinion, $450,000.00 at least can be obtained from the sale of this property, that a suitable residence for the Governor can be procured and furnished at a cost not to exceed $100,000.00. The $350,000.00 thus obt"ained from the exchange could well be devoted to the payment of the principal and interest of the public debt. In that connection, I beg to call your attention to the following extract from the last report of the Treasure of Georgia :
"In addition to the annual maturities of $100,000.00 for which sinking funds are provided, there will mature on the first day of January a small part of the debt, amounting to $207,000.00 for which no sinking fund "as provided. This matmit~ npresents the 42% bonds issued under the Act of 1891, to take up the defaulted bonds of the Xortheastern Railroad Company, endorsed by the State; and as there will be no surplus funds in the Treasury to apply to this part of the debt it will be necessary for the Legislature at the next session to authorize these bonds to be refunded or in some other

TuE~DAY, JuLY 12, 1921.

301

way provide for their liquidation. In reference to this issue it may be appropriate to suggest that in view of the fact that the property known as the Governor's Mansion is no longer considered desirable or even habitable as a place of residence and as its value is no doubt large enough to take care of this debt and to also provide a residence for the Governor, it would be a good business proposition to sell it and appropriate a part of the proceeds to the payment of these bonds rather than to continue them with a new issue."
As a business proposition, 1io person except a multi-millionaire can afford to use for residential purposes a business lot in a great c~ty worth in the neighborhood of half a million dollars. Certainly the State of Georgia, in its present financial condition, cannot afford an~ such expensive luxury.
Practically the only opposition to the recommendation that I make to you, so far as I am advised, comes from what is known as the Georgia Capital Removal Association. That organization, in a communication dated June 30th, 1921, addressed to the Governor and to your Body, undertook to present certain objP-ctions to the recommendation I am now making. It is significant to note that even that organization concedes that "The present Mansion property is in such a state of dilapidation and is actually so unsanitary as to make it undesirable as a place of residence. This Governor Hardwick insists on and all who are familiar with conditions at the Mansion must necessarily agree with him. It is not only undesirable as a residence, but it is actually unsafe.''

302

JouRXAL OF THE SExATE

I insist that the proposition I submit to yo? is in no way properly connected with the so-called question of Capital removal. If the real estate holLlings of the State in the City of Atlanta are decreased in value, it is difficult for me to sc:e how that would unfavorably effect the cause of Capital removal. If the bonded debt of the Senate is reduced by $350,000.00, by the exchange of properties herc:in recommended, surely due account of that fact and due allowance for it could and would be made by the people, if the question of Capital removal were pre-
sented to them, and it would certainly be easier to
sell a piece of residence property in Atlanta worth $100,000, or less, than it is to sell the present Mansion lot at its value, approximately $500,000.00. The Capital removal question has no legitimate connection with this proposal, and I sincerely trust that neither its friends nor its foes will insist upon such a connection. In any event, the State cannot afforcl to allow the continued agitation of this question to interfere with the proper protection and improvement of its property in Atlanta nor with the prompt consideration of the course I han submitted. Delay on such question is both unwise and unfair to the State and is besides a useless expense to the State.
The State of Georgia is paying today an average of more than 7% on all the money it is forced to borrow, and 7% on $450,000.00 is $31,500.00 per annum, which amount is uselessly and extravagantly wasted by delay in the settlement of this question, while the present Mansion property remains idle, usc:less and unproductive.

Tl:E8DAY, .Jl:L 1~. 1921.
For all of these reasons, I urge speedy and careful consideration of this question b~, your Honorable Body.
Respectfully submitted, THOS. \V. HARDWICK,
Governor.

The following communication was r<>a1l for tlw information of th<> Senate:

ATLANTA, GA., .July 11th, 19~1.

To the Honorable Body of The State Senate, State Capitol, City-Gentlemen:

\Ve, the Baraca Class of the Central Baptist Church, locate1l on the cornE>r of ~Whitehall and Cooper streets passed a r<'solution inviting your Honorable Body to me<'t with us 1wxt Smulay morning, .July 17th, at nine-thirty o'clock.

It will give us great pleasure to have you all with

us on the above date, assuring you of a hearty wel-

come, I am,

Yours respectfully,

\V. S. CALLAWAY, Secn'tar~-.

Mr. \Valk<:'r mowd that the imitation bE> accepted and the motion prevailed.
Mr. Brown moved that the 8<'nate do now adjourn until 11 o'clock tomorrow morning and. the motion prevailed.
The President announced the R<>natP IHljourned until 11 o'clock tomorrow morning.

304

JouRN"AL ot' THE SExATE

SENATE. CHA:\'[BER, ATLAN"TA, GA.
July 13th, 1921.
The Senate met pursuant to adjournment at 11 o'clock A. M., and was called to order by the PrPSident.
Prayer was offeretl by the Chaplain.
By unanimous -consent the call of the roll was dispensed with.
Mr. Foy, Chairman of the Committee on Journal, reported that the Journal of yesterday's procee(lings had been examined and found to be correct.
By unanimous consent the reading of the J ourual of yesterday's proceedings was dispensed with.
Mr. Brown asked that Senate Resolution Ko. 19 be withdrawn from the Committee on Agriculture and recommitted to the Committee on General .Judiciary No.2.
Mr. Jackson objected.
Mr. Brown moved that Senate Resolution No. 19 be withdrawn from the Committee on ~~griculture and recommitted to the Committee on General Judiciary No.2.
Mr. Brown called for the Ayes and Nays and the call was not sustained.
The motion was lost.
Mr. Ellis moved that House Resolution Ko. 5 be taken from the table antl the motion prevailed.

\VEDXESDAY1 Jl:LY 13, 1921.

305

Mr. Ellis asked unanimous consent to offer a substitute for House Resolution No. 5 and the consent was granted.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to regulate and control the purchase, sale and use of explosives; to provide a penalty for the violation of the provisions of this Act, and for other purposes.
A bill to authorize and regulate the practice of Chiropractic in the State of Georgia, and for other purposes.

Mr. Palmour, of the 33rd District, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges of the Floor have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

By Mr. Palmour-
A resolution requesting that privileges of the floor

306

JouRXAL oF THE SEXATE

be extended to Ex-Senator John Callahan during hif: stay in the city.
,J. E. PALl\WUR, Chninnan.

The report of the Committee was adopted.

Mr. Johns, of the 27th District, VicP--Chainnau ot the Committee on General .Judiciary Ko. ~' sulm11i. ted the following report:

Mt. President:
Your Committee on General Judiciary No. 2 hav(~ had under consideration the following bills of the Senate and have instructed me as Vice-Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 24. To repeal tax equaliza tion law.
Senate Bill No. 11. To provide for sale of equity in real estate.
Senate Bill No. 26. Chiropractic bill.
Senate Bill No. 40. To regulate nurseries, pass by substitute.
Senate Bill No. :15. Hotel inspections, pass by substitute.
Senate Bill No. 19. Regulate placing out children.
G. A. JoHNs, 27th District,
Vice-Chairman.

WEDNESDAY, JULY 13, 1921.

307

Mr. Richards, of the 41st District, Chairman of the Committee on County and County Matters, submitted the following report:

Mr. President:
Your Committee on County and Count~, Matters have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass :
A bill to fix amount of commutation tax for road work in Hall County.
Respectfully submitted,
\VILL RICHARDs, Chairman.

Mr. Lassiter, of the 14th District, Chairman of the Committee on General Judiciar~' 1\o. 1, submitted
the following report:

Mr. President:
Your Committee on General .Judicial'~' No. 1 have had under consideration the following Senate Bill No. 21 and Senate Bill No. nand haw instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do not pass.
Respectfully submitted,
LASSITER, Chairman.

Mr. Jones, of the 6th District, Chairman of the Committee on Library, submitted the following report:

308

JouRxAL OI<' THE SEXATE

Mr. Ptesident:
Your Committee on Library haYe had under consideration the following Bill Ko. 69 of the Senate aiHl have instructed me, as Chairman, to report the same back to the Senate with the recommell(lation that the same do not pass:
A bill to create the Department of Library, History and Archives.
Respectfully submitted,
0. K. JoxEs, Chairman.

Mr. Mills, of the 26th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture haYe ha<l under consideration the following House Bill No. 37 and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass :
A bill to regulate the statistics of leaf tobacco sold upon the floors of the leaf tobacco warehouses of the State of Georgia.
MILLS, Chairman.

Mr. Thorpe, of the 2nd District, Chairman of the Committee on Insurance, submitted the following report:

WEDNESDAY, JULY 13, 1921.

309

Mr. President:
Your Committee on Insurance have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
.A bill to make it unlawful for any person to make fraudulent statement to procure payment of false claim against Industrial, Health, Life or Accident Insurance Company.
Respectfully submitted,
E. M. THORPE, Chairman.

Mr. Golucke, of the 19th District, Chairman of the Committee on Special .Judiciary, submitted the following report:

Mr. P1esident:
Your Committee on Special Judiciary have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
A bill to provide for holding of four terms of Superior Court of Habersham County.
A bill to make the salary of the Solicitor-General of Blue Ridge Judicial Circuit $6000.00.
A bill to amend an Act establishing the City Court of Jesup.
Respectfully submitted,
GoLUCI\:E, Chairman.

310

JOURNAL OF THE SE~ATE

Mr. Pope, of the 44th District, Chairman of the Committee of Uniform Laws, submitted the following report:

Mr. President:
Your Committee on Uniform Laws have had under consideration the following bills No. 57 of the senate and have instructed me, a.s Chairman, to report the same back to the Senate with the recommendation that the same do pass, with rt>commendation that Senate Bill No. 55 do not pass.
Respectfully submitted,
PoPE, Chairman.

The following bills, favorabl)' reported, were read the second time :
By Mr. SnowA bill to provide for sale of equity.

By Mr. BellahA bill relating to the placing out of children.
By Messrs. Womble and Johnson and othersA bill to repeal an Act regulating the return b~'
property for taxation in this State.

By Mr. WohhvenderA bill to authorize and regulate the practice of
chiropractic in the State.
By Mr. Fleming of the lOth and Mr. BondA bill relating to licensing, etc. of hotel~, etc.

\VEDKESDAY, Jt:LY 13, 1921.

311

By Messrs. Fleming of the lOth and Bond of the 30th-
A bill relating to licensing, regulating and inspecting of hotels, restaurants, etc.

By Messrs. Ridley, Fleming, et al-
A bill to regulate the business of nurseries in the State.

By Mr. Palmour-
,\_ bill to fix the amount of commutation tax for roa<l work in Hall County.

By Mr. Thorpe-
A bill making it unlawful for an~'one to make l:l false statement for purpose of procuring payment of any false claim against any insurance company.
By Mr. Kimze~r-
A bill to provide for holding 4 terms of Superior Court of Habersham County.

By Mr. PopeA bill to amend the motor vehicle law.

B~ Mr. \Vohlwender-
A bill to make salary of the Solicitor-General of the Blue Ridge Judicial Circuit $6,000.00 per annum.
By Mr. Thomas-
A bill to amend an Act est11blishing City Court of Jesup.

312

Jol:RNAL o:F THE SENATE

By Mr. \Vebb of Lowndes-
A bill to regulate the statistics of leaf tobacco sold upon the floors of the leaf tobacco warehouses of the State of Georgia.
Mr. Manson asked unanimous consent the Senate Bill No. 69 be withdrawn from the Committee on Public Library, read the second time and recommitted to Committee on Appropriations and Finance, aiHl the consent was granted.
Mr. Collum asked unanimous consent to introduce a bill and the consent was granted.
Mr. Hollingsworth asked unanimous consent that Senate Bill No. 11 be recommitted to the Committee on Gen~ral Judiciary K o. 2.
Mr. Snow objected.
Mr. Hollingsworth moved that Senate Bill Ko. 11 be recommitted to the Committee on General Judiciary No.2.
Mr. Hollingsworth asked unanimous consent that he be allowed five minutes in which to state his position in the matter.
Mr. Snow objectetl.
Mr. Boykin asked unanimous consent that Messrs. Hollingsworth and Snow be allowed five minutes each in which to state their relative positions in the matter and the consent was grantE:'d.
The motion was lost.
Mr. Boykin asked unanimous consent that he be allowed to introduce a bill and the consent was granted.

""\VEDXE~DAY, J"C"LY 13, 1921.

31~

Mr. Colson asked unanimous consent that he be allowed to introduce a bill and the consent was granted.
Mr. Akin asked unanimous consent that Senate Bills Nos. 81, 84, and 86 be withdrawn from their respective Committees, read the second time. and recommitted, and the consent was granted.
Mr. Manson asked unanimous consent that Senate
Bill No. 80 pe withdrawn from the Committee, read
the second time, and recommitted, and the consent was granted.

The following House bills were read the first time and referred to Committees.

. By Messrs. "Whitaker and \Vebb-
A bill to regulate and control the purchase, sale and use of explosives in this State.
Referred to Committee on Railroads.

By Mr. Moore of Appling-
. A bill to authorize the practice of chiropractic in the State of Georgia.
Referred to Committee on General Judiciary Nv. 2.

The following House bill was read the third time and put upon its passage:

By Mr. DuBose of Clarke-
A bill to appropriate $25,000.00 to supply a deficiency for the upkeep of the public buildings, etc.

1his bill involving an appropriation the roll call was ordered and the vote> was as follows:

Those voting in the affirmatin' wt>rP :Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

G<llucke, Alvin G. Haralson, Pat Hollingsworth, .J. C. Hunt, T. M. Hutchins, H. C. .Jackson, J. B. .Johns, G. A. .Jones, 0. K. Kimzey, Sam Lassiter, W. H. Manson, Frank C. :.\iills, J. H. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Rountree, J. I... Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Twylor, Geo. W. Thomas, .James R. Thorpe, E. lVL Walker, B. F. Wall, Dan Weaver, .J. D. Williams, Wiley Womble, M. D.

Those not voting were Messrs. :

Campbell, R. W. Holmes, R. H. Jones, John H.

Nix, 0. A. Sheffield, R. R. Wohlwender,. Ed

~lr. President

Ayes 43, Nays 0.

This bill having receiYe<1 the requisitP constitutional majority was passe(l.

The following bills wen' introduced, rP<H1 the first time, and referred to Committee:

By Mr. Manson-
A bill to provide for holding two ad<litional terms of Superior Court of Clayton County.
RefeL"red to Committee on Corporations.

\YEDXESDAY, .JrLY 1:1, 1921.

315

By Mr. Thomas-
A bill to provide for the assessment of the supersedeas bonds in this State.
Referred to Committee on General Judiciary No.2.

By Mr. Collum-
A bill to amend an Act aiding in the establishment and maintenance of one or morP com;oli<late<l public schools in each county of the RtatP.
Referred to Committee on :BJ<lucation.

B~- Mr. Boykin-
A bill to put in force the constitutional amemlment ratified at No...-ember election in 1920 of Paragraph 1, Section 1, Article 7.
Referred to Committee on Pensions.

By Mr. Colson-
A bill to repeal an Act creating ancl establishing the Glennwood Public School System.
Referred to Committee on Education.

By Mr. Thorpe-
A bill to amend an Act establishing City Court of Reidsville, etc.

The following resolution was introduced, read the first time and taken up for consideration.

316

.JouRxAL oF THE REXATE

B~r Messrs. Lassiter, Thomas and \YohlwenderA resolution relatin to Capital remoYal bill. Mr. Manson moYe<l that the resolution bP tabled. Mr. Brown called for the .Ayes and Na~s all(l the
call was sustained.

The roll call was or<lere<l mHl tlw votPs was as follows:

Those Yoting in the affirmative werP Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, J. M. David, A. B. Fleming, Denis Fleming, W. 0. Foy, John E. Haralson, Pat

Hunt, T. M. Hutchins, H. C. Johns, G. A. Jones, 0. K. Kimzey, Sam Manson, Frank C. Palmour, J. E. Pope, David F. Richards, Will Ridley, Dr. C. L. Rountree, J. L.

Snow, Russell E. Stovall, E. B. TaJrpley, R. 0. Ta:ylor, Geo. W. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley

Those voting in the negatiYe were Messrs.:

Brown, L. C. Cone, Howell Colson, D. C. Ellis, R. C. Golucke, Alvin G.

Hollingsworth, J. C. Holmes, R. H. Jackson, J. B. Lassiter, W. H. Mills, J. H ..

Sheffield, R. H. Thomas, James R. Wohlwender, Ed Womble, M. D.

Those not voting were Messrs. :

Campbell, R. W. Davison, J. E.

Jones, John H. Nix, 0. A.

Peacock, C. H. Mr. President

Ayes 31, Nays 14.

The motion prenliled and the resolution was tabled.

\YEDXESDAY, .JeLY 13, 10~1.

:117

The following Senate bill was read the third time and taken up for consideration:

By Messrs. Fleming and Bond-
A bill to amend the school laws of Georgia.
The bill went OYPr as unfinished business.
The hour of adjournnwnt haYing arrin:d the President announced the Nenate a<ljourne<l until tomorrmY morning at 10 o'clock.

:ns

.JouRXAL OF THE SEXATE

SEKATE CHAMBER, ATLAXTA, GA.
July 14th, 1921.
The Senate met pursuant to adjournnwnt at 10 o'clock a. m., and was called to order h~ the President.
Prayer was offered h~ the Chaplain.'
By unanimous consent the call of the roll was dispensed with.
_Mr. Foy, Chairman of the Cominittee on .Journals, reported that the joumal of yesterda~ 's proceedings had been examined and found to he correct.
By unanimous consent, the reading of the journal of yesterday's proceedings was dispensed with.
The following communication was read for the information of the Senate:
ATHEXS, GA., July 14, 1821.
E. H. Clay, PrPsident Senate, State Capitol, Atlanta, Ga.
In honor of ~ourself and the Senate of the State of Georgia, we haYe baked a cake weighing one hundred and twenty pounds that will he prPsPnted at your barbecue today.
BExsox ':-; BAKERY, A tlwns, Ga.
:!\Ir. "\Valker asked unanimous consent that the Secretar~ of the Senate be instructed to win to Ben-

THummAY, JuLY 14, 1921.

319

sou 's Baker~, Athens, Georgia, the Senate's Yote of thanks, m:d the consent "as granted.
~Ir. J olms asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time, and the consent "as granted.

The following bills were introduced and read the first time and referred to committees:

B) l\fr. Ridle) of the 2Sth District-
A bill to amend an Act })l'eventing the adulteration, misbranding and imitation of food for man and beast.
Referred to Committee on Agriculture.

By ::\[r. Snow of the 7th District-
A bill to amend Section 414 of the Code of 1910, prohibiting the running of freight trains except as therein provided.
Referred to Committee on Railroads.

B.' -:\Iessrs. ::\Iills and \Yeanr-
A bill to promote, foster and encourage the intelligent and orderl.' marketing of agricultural products through co-operation, and for other purposes.
Referred to Committee on General Agriculture.
The following bill of the Senate was read the third o time and placed upon its passage:

:3:20

J ouRx AL OF THE SEx ATE

B;, .:\Ir. Palmour-
A bill to fix the amount of commutation tax for road work in Hall Count;'.
The report of the Committee, which was fayorahle to the passage of the bill, was agreed to.
On the passage of the bill, the A;,es were :3~), Nays 0.
'l'hc bill, haYing I"PceiYcd the requisite constitutional majorit~-, was passed.

'l'he following message was received from the House, through .:\fr. -:\Ioorc, thP Clerk thureof:

Jfr. President:
The House has passed h~, the requisitP eom;titutional majorit~, the following:
A bill to repeal an Act creating a school s~'stem for the Town of Talbotton.
A hill to proYide for the holding of four terms a ~'ear of Floyd Count~' Superior Court.
To amend an Art to establish a s~stem of public schools for the Town of Blue Ridge, Fannin Count~.
A bill to amend an Ad to create a ne\\ charter
for the CitY. of SY.. lvester' in \Vorth Count\.'.
A bill to pro\ide for holding four terms per year of Cook Superior Court.
A bill to create a ne\\ charter for the Cit~' of Griffin in Spalding Count;.

THT:R::;D.\Y, JT:LY 14, 1921.

3:21

The following message was receind from the House, through ~Ir. Moore, the Clerk thereof:

iv!r. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend the charter of the Town of \Yarsaw in Chatham County.
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the Coud~ of Emanuel.
A bill to create a Board of Commissioners of Roads and Revenues for Emanuel County.
A bill to establish a s~stem of public schools for the Town of Grantville.
A bill creating a permanent commission to be known as "The Georgia State Canal and \Yaterway Commission.''

The following House bills were read the first time and referred to committees:

By l\fr. Atkinson of Chatham-
A bill to amend, revise and consoli(late the several Acts relating to and incorporating the Town of \Yarsaw in Chatham County, to change name of said town to Thunderbolt.
Referred to the Committee on Corporations.

Jo"LRXAL oF THE SENATE
By :\Ir. Brown aul :\Ir. Boatwright of Emanut>lA bill to repeal an Art creating a Board of Com-
missioners of Roads and R~Yenues in and for the County of Emanuel.
Referred to the Committee on Count~, and Count~ ::\Iatters.
By :\Ir. Brown and :\Ir. Boatwright of EmanuelA bill to create a Board of Commissioners of
Roads and Revenues in and for the Count~ of }<~man uel.
Referred to -the Committee on County and County :\Iatters.
By ::\Ir. Jones and Mr. Thompson of CowetaA bill to establish a system of public schools m
and for the Town of GrantYille. Referred to the Committee on Education.
By ~Ir. Vocelle of Camden and Mr. Pickren of Charlton-
A bill creating a penuan(:nt commission to he known as "The Georgia State Canal and "Tater'vay Commission, Uc'fining its power and dutit>s.''
Referred to the Committee on Drainage.
By }Ir. Perryman of TalbotA bill to repeal an Act creating a school S~'stem
for the Town of 'l'albotton, Georgia. Referred to thL' Committee on Education.

THURSDAY, JULY 14, 1921.

323

By Mr. Hamilton, Mr. Davis and ~fr. Salmon of Floyd-
A bill to provide for holding four terms a year of Floyd Superior Court.
Referred to the Committee on Special J udiciar~.

By }Ir. \Yest of Fannin-
A bill to amend an Act to establish a system of public schools for the Town of Blue Ridge.
Referred to the Committee on Education.

B~ 2\Ir. 'rison of \Yorth-
A bill to amend an Act to create a new charter for the City of Sylvester.
Referred to the Committee on Corporations.

By Mr. \Voodward of Cook-
A bill providing for holding of two terms of the Superior Court in and for the County of Cook.
Referred to the Committee on General Judiciary No.1.

By Mr. Machlor of Spalding-
A bill to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County.
Referred to the Committee on Corporations.

324

JuuR~AL OF THE SEKATE

:Jir. Manson asked unanimous consent that Sen-
ate Bill ~o. 83 be recommitted to the Committee on
Appropriations and Finance, and the consent was granted.
Under the head of unfinished business, the followmg bill was taken up for consideration:

By .}lessrs. Fleming of 10th and Bond-

A bill to amend the school laws of this State.

On agreeing to the report of the Committee, which was favorable to the passage of the bill, ::\Ir. )Jix called for the ayes and na~s, and the call was sustained.

The roll call was ordered and the ,-ote was as follows:

Those voting in the affirmative "ere Messrs.:

Akin, L. R. Bond, Chas. N. Campbell, R. W. Collum, J. M. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Johns, G. A. Jones, John H. Jones, 0. K. :\fills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards. Will Ridley, Dr. C. L. Rountree, J. L. Stovall, E. B. Tarpley, R. 0. Ta:ylor, Geo. W. Thorpe, E. M. Walker, B. F. Weaver, J. D. Williams, Wiley

Those voting in the negative were Messrs.:

Bellah, J. M. Boykin, James H. Brown, L. C. Childs, E. W. Cone, Howell Colson, D. C. Foy, John E.

Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Kimzey, Sam Lassiter, W. H. ,Manson, Frank C.

Sheffield, R. H. Snow, Russell E. q'homas, James R. wan, Dan Wohlwender, Ed Womble, M. D.

Ayes 30, Nays 20.

THURI:;DAY, JULY 14, 1921.

325

The report of the Committee, which was favorable to the passage of the bill, was agreed to.

The main question -\,as ordered.

On the passage of the bill, ~Ir. ~ix called for the ayes and na~'s, and the ca1l was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmatiw were Messrs.:

Akin, L. R. Bond, Chas. N. Campbell, R. W. Collum, J. M. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Golucle. Alvin G.

Haralson, Pat Hollingsworth, J. C. Johns, G. A. Jones, John H. Jones, 0. K. .Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Rountree, J. L. Stovall, E. B. Tasrpley, R. 0. Ta;ylor, Geo. W. :I'horpe, E. M. Walker, B. F. Weaver, J. D. Williams, Wiley

Those voting in the n('gative wer(' Messrs.:

Bellah, J. M. Boykin, James H. Brown, L. C. Childs, E. W:.. Cone, Howell Colson, D. C. Foy, John E.

Holmes, R. H. Hunt, T. M. Hutchins, H. C. .Jackson, .J. B. Kimzey, Sam Lassiter, W. H. Manson, Frank C.

Sheffield, R. H. Snow, Russell E. Thomas, James R. Wall, Dan Wohlwender, Ed Womble, M.D.

Ayes 30, Nays 20.

The bill having- receiYed the requisite constitu-

tional majority was passed.

-

Mr. Nix asked unanimous consent that Senate Bill 65 be immediately transmitted to the House.

Mr. Jackson objected.

:Jir. Xix moved that Senate Bill 65 be immediately transmitted to the House.

326

JouRKAL oF THE SENATE

:Mr. Jackson called for the ayes and nays, and the call was sustained.

The roll call was ordered and the vote was as
follow&~:

Those voting in the affirmative were Messrs. :

Akin, L. R. Bond, Chas. N. Campbell, R. W. Collum, J . .M. Davison, J. E. Ellis, R. 0. Fleming, Denis Fleming, W. 0. Golucke, Alvin G. Haralson, Pat

Hollingsworth, J. C. Johns, G. A. Jones, John H. Jones, 0. K. Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will

Ridley, Dr. C. L. Rountree, J. L. Stovall, E. B. Ta.rpley, R. 0. Taylor, Geo. W. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley

Those voting_ in the negative were Messrs. :

Bellah, J. M. Boykin, James H. Brown, L. C. Childs, E. W. Cone, Howell Colson, D. C.

Foy, Jo~n E. Holmes, R. H. Hunt, T. M. Jackson, J. B. Kimzey, Sam Lassiter, W. H.

:\!anson, Frank C. Sheffield, R. H. Snow, Russell E. Thomas, James R. Wohlwender, Ed Womble, M. D.

Those not voting were Messrs. :

_David, A. B.

Hutchins, H. C.

Mr. President

Ayes 30, Nays 18.

The motion, having failed to receive the requisite two-thirds majority of the votes cast, was lost.
The following bill was read the third time and taken up for consideration:

By .Mr. Jones of 37th-
A bill to provide for a private and secret ballot for the State of Georgia.

THURSDAY, .JULY 14, 1921.

327

Mr. vVohlwender moved that the Senate do now aljourn until tomorrow morning at 10 o'clock, and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

328

.JouRNAL OF TilE SENATE

SENATE CHAiVIBER, ATLANTA, GA.
July 15th, 1921.
The Senate met pursuant to adjournment at 10 o'clock A. M., and was calle<l to onler by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll ,\as dispensed with.
Mr. Foy, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Mr. Jackson gan notice that at the proper time he would move that the Senate reconsider its action on yesterday in passing Senate Bill No. 65.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Jackson moved that the Senate reconsider its action on yesterday in passing Senate Bill Ko. 65.
Mr. \Veaver called for the preYious question and the call was sustained.
The main question was ordered.
On the motion to reconsider the .Ayes were 13, the Nays were 26, and the motion wns lost.
Mr. Hollingsworth asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time a.:ncl the consent was granted.

FRIDAY, .JT:LY 15, 1921.

329

Mr. Campbell asked unanimous consent that Senate Bill No. 69 be rPcommitted to the Committee on Public Library.
Mr. Manson objected.
Mr. Campbell mon~d that HPnate Bill No. 69 be recommitt<'d to the Connnittt'<' on Public Library an<l the motion prenlilt<l.

The following bills \Wre introduced and read the first time, and referre<l to Committet>H.

By Mr. B<:>llah of the 4211<1 District-
A bill to create th<' office of state inspector of masonry, public buildings and works, and for other purposes.
R.eferrecl to Committee on CommercP an<l Labor.

By Mr. Chil!ls of the 12th District-
A bill to amend thP charter of the Cit~- of. Omaha, and for other purposes.
ReferrE"<l to Committe('S 011 Corporations.

B~ Mr. Rountrt>e of tlw 16th District-
A bill to amend Section 488 of the Penal Code of 1910, and for other purposes.
Referred to Committee on J\griculturC'.

By Mr. Golucke of the 19th District-
A bill to amen<l an .:\ct for the establishment of a departnwnt of insuranc<>, nll<l for otlwr purposes.

:130

.Jol:RXAL 01~ THE SEXATE

Referred to Committet> on General .Judiciary No.2.

The following resolutions were intro<luced and read the first time and referred to Committees.

B~r Mr. \Vohlwender of the ~4th District-
A resolution to release Dan Odom from all liability on account of a bon<l giYen b~ him for the purpose of becoming bail for A. S. T .Jameson.
R.eferred to Committees on Special Judiciar~.

By Mr. \Vohlwender of the 24th District-
A resolution to release A. L. Binns from all liability on account of a bond giwn by him for the purpose of becoming bail for Ben Awtrey.
Referred to Committee on Special Judiciary.

By Mr.\Yohlwender of the 24th District-
A resolution to release Z. A. Brooks from all liability on account of a bond given by him for the purpose of becoming bail for Yeto DeFravio.
Referred to Committee on Special Judiciary.

By Mr. Vvohlwender of the 24th District-
A resolution to release L. B. \Villiams from all iiability on account of a bond giwn by him fm: the purpose of becoming bail for Ben Howard.
Referred to Committee on Special .Judiciary.

:E'RID.H, JULY 15, 1921.

331

By Mr. \Yohlwender of the 24th District-
A resolution to release .J. ...-\. Cox from all liability on account of a bond giYen by him for the purpose of becoming bail for C. L. Quartemus.
Referred to Committee on Special Judiciary.

The following messag<' was received from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has read and adopted the following resolution, to wit:
A resolution appropriating $75.00 to hire stenographer to do work for tax report.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

Mr. P1esident:
The House has passed by the requisite constitu tional majority the following bills, to wit:
A bill to provide for establishment of five~ roac1 districts in the County of \Va.yne.
A bill to create a Board of Commissioners of Roads and ReYenues for Effingham County.
A bill to improve the condition of the fire department of the City of Augusta.
A bill to regulate compensation of official court reporters in counties containing cities of a certain population.

.JontXAL OF THE H~<~XATE
A bill to provide for the ehction of a treasurer for Henry County.
The following message was received from the House, through Mr. Moore, the Clerk thereof:
Mr. President: The House has passed by the requisite constitu-
tional majority the following:
A bil.J to repeal an Act to abolish the office of treasurer of Henry county.
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Henry County.
A bill to create a Boan1 of Commissioners of Roads and Revenues for Henry Count~'
A bill to repeal an Act creating a Board of Commissioners of Roads and Revcnu<s for white County.
A bill to create a Boan1 of Commissioners of Roads and Revenues for the Count~- of whit<.
The following message was receivetl from tlw House, through Mr. Moore, the Clerk thereof:
111r. President: The House has passed by the requisite constitu-
tional majority the following:
1\ bill to abolish the office of county treasurer of Lanier County.

~-,RIDAY, J lJLY 15, 1921.

333

A bill to reduce the number of terms of wilcox Superior Court.

The following House bills were read the first time and referred to Committees.

By Mr. Nichols of \Vayne-
A bill to provi(l<.> for the <.>stablishment aml laying off five road districts in the County of Vvayne, and provide for election of commissioners.
Referred to Committee on Counties and Count~~ Matters.
Mr. Grovenstein of Effingham-
A bill to create a Boanl of Commissioners of Roads and Revenues for tlw Count~' of 1Dffingham to be elected by th~ qualified voters of said county.
Referred to Committee on Counties and County Matters.
By Messrs. RevillP, McDonald and Pilcher of Richmond-
A bill to promote the efficiency mul improve the condition of the fire department of the City of Augusta.
Referred to Committee on Corporations.
By Mr. "Wimberly of Laurens-
A bill to regulate compensation of official court reporters in counti!:'s having therein cities of certain population.
Referred to Cimmittee on Special Judiciary.

334

J OURX AL OF THE SExATI<'

By Mr. Reagan of Henry-
A bill to provide for the election of treasurer of Henry County to fill the vacancy occasione<l by the repeal of the Act abolishing the office of county treasurer.
Referred to Committee on Countit-s and County Matters.

By Mr. Reagan of Henry-
A bill to repeal an Act to abolish the office of treasurer in and for the County of Henry.
Referred to Committee on Counties and County Matters.

By Mr. Reagan of Henry-
A bill to repeal an Act to create the office of Commissioners of Roads and Revenues of Henry County.
Referred to Committee on Counties and County Matters.

By Mr. Reagan of Henry-
A bill to create a Board of Commissioners of Roads and Revenues of Henry County, Georgia.
Referred to Committee on Counties and County Matters.

By Mr. Henderson of white-
A bill to repeal an Act to create a Board of County Commissioners of Roads and Revenues for th(~ County of White.

FRIDAY, JrLY 15, 1921.

335

Referred to Committee on Counties and County Matters.

By Mr. Henderson of W'"hite-
A bill to create a Board of Commissioners of Roads and ReYenues for the County of white.
Referred to Committee on Counti<'s and County Matters.

By Mr. Patten of Lanier-
A bill to abolish the office of county treasurer of Lanier County, and to provide in what manner the funds of said county shall be received, depositerl, and disbursed.
Referred to Committee on Counties and County Matters.

By Mr. J. R. Monroe of 'Wilcox.:\ bill to reduce number of terms of 'Vilcox Su-
perior Court.
Referred to Committee on Special Judiciar~...

The following House resolution was read the first time and referred to Committee:

By Mr. Culpepper of Fayette-
A resolution to appropriate $75.00 for employment of a stenographer to do tax work.
Referred to Committee on Appropriations and Finance.

336

.JouRXAL OF THE SExATE

Mr. VVall, of the 5th District, Chairman of thr Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report tlw same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 84.
Respectfully submitted,
DAx 'VALL, Chairman.
Mr. B. F. walker, of the 18th District, Chairman of the Committee on Appropriations antl Finance, submitted the following report:

Mr. President:
Your Committee on Appropriations antl Finance have had under consideration the following bills of the House and Senate and han instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same tlo pass:
House Bill No. 7"2 by Mr. DuBose of Clarke.
Senate Bill No. 27 by Mr. Cone of the 49th.
Substitute for Senate Bill No. 16 by Mr. Manson of the 35th.
Respectfully submitted,
B. F. \VALKER, Chairman.

FRIDAY, Jl:LY 15, 1921.

337

Mr. Lassiter, Chairman of the Committee on General Judiciary No.1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit: House Bill No. 162.
Mr. Nix, Chairman of General .Jurliciary No. 2, submits the following report:

Mt. President:
Your Committee has had under consideration House Bill No. 86 and instruct me as their Chairman to report the same back with the recommendation that the same do pass.
Respectfully,
Nix, Chairman.

Mr. Thorpe, of the 2nd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance has had under consideration the following bill of the Senate and instructed me, as their Chairman, tt> report the same back to the Senate with the recommendation that the same do pass, to wit:

338

JouRNAL oF THE SENATE

A bill to permit all corporations now incorporated by the Secretary of State except insurance, bank and trust companies to issue non par stock, etc.
Respectfully submitted,
E. M. THORPE, Chairman.

Mr. Ptesident:
Your Committee on E<lucation has had under consideration the following bills of the Senate and House and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to wit: Senate Bill No. 29, as amended to be entitled an Act to establish boards of education under the county unit plan, etc.
Senate Bill No. 30. Bill providing for change in method of taking school ~ensus.
House Bill No. 20. To abolish local school system in and for the Town of 'Vrens.
CHILDS, Chairman.

Mr. President:
Your Committee on Education has had under consideration the following bills and instructed me, as their Chairmftn, to report the same back to the Senate with the recommendation that the same <lo pass, to wit: House Bill No. 35, establishing a school system in and for the Town of Grantville.
House Bill No. 44. Repeal of the Act creating a school system for the Town of Talbotton.

FmDAY, JuLY 15, 1921.

339

House Bill No. 85. Amend an Act establishing systems of schools in Town of Blue Ridge.
Senate Bill No. 97. To repeal an Act creating public school system for Town of Glenwood.
CHILDS, Chairman.

The following bills having been favorably reported were read the second time :

By Mr. Colson-
A bill to repeal an Act creating and establishing the Glenwood public school system.

By Mr. Childs-
A bill to amend an Act cotlifying the school laws of Georgia.

By Mr. Childs-
A bill to establish boards of education under the county unit plan.

By Mr. MansonA bill to create the office of state auditor.

By Mr. Cone-
A bill to amend an Act known as the inheritance tax act.

By Mr. DuBGse of Clarke-
A bill to appropriate $25,000.00 to the contingent fund of the executive department.

340

JOURNAL OF THE SENATE

By Mr. Perryman of Talbot-
A bill to repeal an Act creating a school sy~:~tem for the Town of Talbotton.

By Messrs. Jones and Thompson of Co\Yeta-
A bill to establish a public school system for Grantville, Ga.

By Mr. King of Jefferson-
A bill to abolish public school system in Wrens, Jefferson County, Ga.

By Mr. VVest of Fannin-
A bill to amend an Act to establish a system of public schools for the Town of Blue Ridge.

By Mr. Moore of Appling-
A bill to authorize and regulate the practice of chiropractic in Georgia.

By Mr. Woo<.lard of Cook-
A bill to provide for the holding of two terms of the Superior Court in and for the County of Cook.
Under the head of rnfinishetl Business the followiiig Senate bill was read the thinl time alHl taken up for consideration:

By Mr. Jones of the 39th-
A bill to provide for a private and secret ballot at all elections in this State.

FRIDAY, .JULY 15, 1921.

341

Mr. Ridley called for the previous question and the call was sustained.

Mr. "'\V"alker offered the following amendment:
That said Act be amenclt>(l b~ acl(ling thereto tlw following Sections:
''Section 19. Be it further enacted by the authority aforesaid, That this .Act shaH not become or be operative in any county in this State until it is first recommended to be put into force an(l operation by two consecutive grand juries of such county.
''Section 20. Be it further enacted by authority aforesaid, That at any time after this Act has been in operation in any county for as long as six years, then if two separate consecutive grand juries of said county shall recommen<l that its operation shall cease, then such Act shall be inop<>rative in said county.''
The amendment was adopted.

Mr. Nix offered the following amendment:
Amend by striking from line one Section One of the printed bill the words ''from and after J anuary 1st, 1922. ''
The amendment was adopted.

Mr. Nix offered the following amendment:
Amend Section 18 of the printed bill by striking the figures '' 18'' and inserting in lieu thereof the figures "19."
The amendment was adopted.

342

JoURXAL oF THE SEKATE

Mr. Nix offered the following amendment:
Amend Section 4, of the printed bill by striking the words "two managers jointly and not separately'' and by inserting in lieu thereof the word ''any relative, friend or person he desires.''
On the adoptien of the amendment Mr. Nix called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Campbell, R. W. Collum, J. M. Hollingsworth, J. C. Kimzey, Sam Nix, 0. A.

Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will Stovall, E. B.

Tarpley, R. 0. Weaver, J. D. Womble, M. D.

Those Yoting in the negative were Messrs. :

Bellah, J. M. Boykin, James H. Childs, E. W. David, A. B. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Haralson, Pat Holmes, R. H. Hunt, T. M. Hutchins, H. C. Johns, G. A. Jones, John H. Jones, 0. K. .Manson, Frank C.

Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Taylor, Geo. W. Thorpe, E. M. Walker, B. F. Wohlwender, Ed

Those not voting were ME>ssrs. :

Akin, L. R. Bond, Chas. N. Brown, L. C. Cone, Howell Colson, D. C.

Davison, J. E. Golucke, Alvin G. Jackson, J. B. Lassiter, W. H. Mills, J. H.

Thomas, .James R. Wall, Dan Williams, Wiley Mr. President

Ayes 13, Nays 23.

And the amendment was lost.

FRIDAY, JULY 15, 1921.

343

The report of the Committee, which was favorable to the passage of the bill, was agTeed to.
On the passage of the bill the Ayes were 29, the Nays were 1.
The bill having received the requisite constitutional majority was passed.
The hour of 12 :30 having arrived the President appointed the following Senators, as a Committee to escort the Hon. A. E. Elmore to the President's stand for the purpose of making an address arranged for under a previously adopted resolution of the Senate:
. Messrs. Mills and weaver.

The following bills were read the third time and put upon their passage:

By Mr. Foy-
A bill to amend Acts relating to an<l incorporating the Mayor and Aldern~en of City of Savannah.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ~\.yes "ere 41, Nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Foy asked unanimous consent for the immediate transmission to the House of Senate Bill No. 13 and the consent was granted.

JouRxAL oF THE SEXATE
By Mr. ThomasA bill to amend an Act ('Stablishing Cit~ Court of
Jesup.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Kimzey-
A bill to provide for holding four terms of Superior Court of Habersham County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. vVohlwender-
A bill to make the salar!' of the Solicitor-General of the Blue Ridge Circuit $6,000.00.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

J FRIDA1' "l'Ly 15, 1921.

345

The following resolution was read and referred to the Committee on Rules:

By Messrs. Ellis ancl Snow-

~-\. resolution making House Resolution No. 5 a

special and continuing order for Monday, July 18th,

1921.

.

The hour of adjournment having arrived the President announced the Senate adjourned until Monday morning at 11 o'clock.

346

JouRxAL oF THE SEXATE

SEXATE CHAMBER, ATL.AXTA, GA.
July 18th, 1921.
The Senate met pursuant to adjournment at 11 o'clock A. M., and was called to onl<>r by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Foy, Chairman of the CommittPe on .Journals, reported that the Journal of Friday's proceeding-s had been examined and foun<l correct.
By unanimous consent tlw reading of the Journal of Friday's proceedings was dispensed with.
Mr. Golucke asked unanimous consent that all Senators having bills to introduce be allowed to <lo so at this time and the consent was granted.
The following bills were introllucP<l, rPad the first time and referred to Committee.
By Mr. HaralsonA bill to amend Section :20:~6 of Parks Code rela-
tive to stock law in Militia Districts.
Referred to Committee on General Agriculture.
By Mr. Jones of the 6th and Mr. Snow of the 7thA bill to amend Article 3, Section 2, Paragraph

1\fo~DAY, JULY 18, 1921.

347

1, of Constitution to provide for a new Senatorial District.
Referred to Committee on Legislative and Congressional Reapportionments.

By Mr. Colson-
A bill to amend charters of Town of Glenwood, Ga.
Referred'to Committee on Corporations.

By :Mr. 'YombleA bill to construe 3630 of the Code, etc. Referred to Committee on General Judiciary
No.1.
By Mr. SheffieldA bill to amend Sections 469 and 470 of Code. Referred to Committee on Counties and County
Matters.

By Mr. Fleming of the 10thA bill to amend Paragraph No. 4, Section 1037 of
Code of 1910. Referred to Committee on Commerce and Labor.
The following resolutions were introduced, read the first time and referred to Committees.

By Mr. Haralson-
A resolution to authorize and direct the Governor of this State to contract in respect to the subject

348

.Jo"L""RXAL m' THE REXATE

matters of the litigation pending in the Supreme Court of the United States between the State of Georgia and the Tennessee Copper Cori1pany and the Ducktown, Sulphur, Copper and Iron Company~ Ltd.
Referre1l to CommittPP on Mirws and Mining.
:Mr..Jackson asked unanimous consent that SPnatP Bill No. 83 be withdrawn from the Committe<' on .Appropriations and Finance and be recommittecl to the Committee on Public Library and the consent was granted.
Mr. Hollingsworth asked unanimous cons<'nt that Senate Bill No. 8 be withdrawn from tlw consideration of the Senate ~m1l the consent "as granted.

Mr. Bond, of the 30th District, Chairman of the Committee on J1Jnrollment, submitted the following report:

Mr. President:
Your Committee on Enrollment report as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives, the following Acts, to 'vit:
An Act to abolish the office of county tnasurer of Dougherty County.
An Act to anwn1l the charter of the City of ~Ubany. Respectfully submitted, CHAS. N. Bo~n, Chairman.

)\foXDAY, ,feLY 18, 1921.

349

Mr. Thomas, Vice.-Chairman of the Committee on Rules, submitted the following report:

Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate and instructed me, as their Vice-Chairman, to report the same back to the Senate with the recommen<lation that the same do pass, to wit:
A resolution making House Resolution No. 5 a special and continuing ord<'r of the day for Monday.
Respectfully submitted,
THOMAS, Vice-Chairman.

Mr. Jones, of the 37th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House and Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same <lo pass, to wit:
Senate Bill No. 98. A bill to ameml an Act establishing City Court of Reidsville.
Senate Bill No. 93. A bill to provide for the holding of two ad<1itional terms of Court in Clayton County.
Senate Bill No. 59. A bill to amend the charter of Rossville.

.JorRXAL oF THE REXATE
House Bill No. 241. A bill to reYise charter of Griffin.
House Bill No. 201. ~'" bill to anwnd charter of City of Rossville.
House Bill No. 190. "\ bill to anwnd "\ct g-ranting corporate authority to CntwfonlYille.
House Bill Ko. 138. ,\ bill to am<>wl .\ct mcor porating Tmm of Berlin.
House Bill No. 115. \ bill repealing chartPr of Burroughs.
House Bill No. 87. .A bill to anwn<l charter of CedartmYn.
House Bill No. 90. A bill to amend ~\ct mcorporating City of Toccoa.
House Bill No. 8. To revise charter of warsaw.
Respectfully submitted, .Jonx H . .ToxEs, Chairman.
Mr. Manson, of the :35th District, Chairman of tlw Committee on Pensions, submitted the follm,ingreport:
Mr. President:
Your Committee on Pensions has ha<l uwler consideration the follmYing bill of the SPnate and instructed me, as their Chai nnan, to report tlw same back to the Senate with tlw rc>comme11<lation that the san1e do pass, to wit:
A bill to repeal an Act creating a Board of Com-

MoxDAY, J GLY 18, 19~1.

351

missioners to make a roster of the Georgia soldiers, sailors and marines who setTe(l in the ciYil war.
Respectfully submitted, MAxsox, Chairman.

The follo\\ing bills of the House mHl Senate, faYorabl~ reported, were read the second time.

By Mr. PopeA bill to amend charter of Cit~ of RossYille, Ga.

B~ Mr. Manson-
A bill to provide for holding two additional terms of the Superior Court of Cla~ton Count~.

By Mr. Thorpe-
A bill to amend Act establishing City Court of Reidsville.

By Mr. Lewis of Colquitt-
-~ bill to amend Act incorporating the Town of Berlin.

B~ Mr. Bond of Taliaferro-
A bill to amend an Act granting corporate authority to City of Crm,fon1Yille, Ga.

By Mr. McClure of WalkerA bill to amend charter of RossYille, Ga.

35:2

.JouRXAL OF THE SExATE

By Mr. .Atkinson of Chatham-
A bill to amend, revise ancl consolidate the several Acts incorporating Town of \Varsaw.

By Mr. Collier of SteplwnsA bill to amend Act incorporating City of Toccoa.

B~, Mr. Mundy of PolkA bill to amend chart0r of C<>dartown.

By Chatham Delegation-
A bill to r0peal the chart0r of the Town of Burroughs.
B~, Mr. Maddox of SpaldingA bill to consolidate the sen~ral Acts amending
the charter of City of Griffin.
By Mr. Manson of the 35thA bill to repeal an Act to creat<> a Board of Com-
mission<'rs to make a roster of Georgia soldi0rs serYing in \Var B0tween the States 1861-1865.

The following messag<' was r0ceivNl from thtHouse, through Mr. Moore, th0 Clerk then'of:
illr. President:
The House has read and adopted the following resolution, to wit:
A resolution requesting a report from tlw State Highway Commission of money spent from J anuuary 1, 1920 to .May 1, 1921.

Mo.KDAY, JuLY 18, 1921.

35:3

The following message was receiYed from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following:
A bill to amend several Acts incorporating the Town of Canton in Cherokee Count~'

The following message was received from the House, through Mr. Moore, the Clerk thereof:
Mr. President:
The following message was receive(l from the House, through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to provide for holding four terms a year of the Superior Court of \Valton County.
A bill to amend an Act authorizing Commissioners
and .Judges of Chatham County to hold bi-monthly mer>tings at Court House.
A bill to amend Section 1249 of Vol. 1 of Co(le of 1910 relative to selection of state depositories by
Governor.
A bill to provide for four terms per year of the Superior Court of Habersham County.
A bill to amend an Act to amend the charter of
the TmYn of Athens in Clarke County.

.Jol:RXAL oF THE SExATE
The following nwssage was r0ceived from the House, through Mr. Moore, the Clerk ther0of:
Mr. President:
The House has passed b~- the requisite constitutional majorit~ the following:
A bill to change tinw of h0l<ling Superior Court of Taylor County.
A bill to r0pe:tl an Act anwnding the charter of tlw Town of PPllwm in Mitclwll County.
..:\ bill to anwnd tlw charter of the Town of PPlham in Mitchell County.
..:\ bill to changp tlw t<rms of the Superior Court of Montgomery County.
..:\ bill to amend au Act establishing a new chart<>r for the City of _.:\ tlanta.
A bill to amend an ..:\ct crPating a Boanl of Coml1llSSlOners of Roads and Ht>n'nues of Lihert~ County.
The following nws:ontge was receiYt>d from th<' House, through Mr. Moon', tlw Clerk tlwnof:
Jir. President:
The House has passed by the requisite constitutional majority the following:
A bill to fix compensation of members of Board
of Commissioners of Roads mHl ReYenues of Harris County.

Mo~o.w, ,JrLY 18, 1921.

355

A bill to amend the Acts incorporating the Mayor and ~-\ldermen of the City of Savannah.
A bill to fix the compensation of the treasurer of Treutlen County.
A bill to r<peal an .Act incorporating the Town of Alapaha in B<>rrieu County.
~\ bill to eRtablish a ne\v clurt<>r for the Town of Alapaha in BPrrien Count~.
A bill to cn'ate the offic<> of county treasurer for the County of 'V"ebster.
The following HouRe resolution was read the first time and laifl on the table for one day.
By Mr. Beck of Carroll Count~-
A resolution requesting a report from the State Highway Commission of money spent from January 1, 1920 to May 1, 1921.

The following House bills were read the first time and referred to Committees.

By Chatham Delegation-
A bill to amend an Act approved August 18, 1913, under which the Commissioners of Chatham County and ex-officio ,Judges are authorized to hold their court bi-monthly.
Referred to Committee on Special Judiciary.

By Mr. Knight of Berrien CountyA bill to provide and establish a new charter for

356

Jo"C"RXAL oF THE SEXATE

the City of Alapaha in the County of Berrien, and for other purposes.
Referred to Committee on Corporations.

By \Valton Delegation-
A bill to provide for holding four terms a year of the Superior Court of \Yalton County, and for other purposes.
Referred to Committee on Special .Judiciary.
By Mr. Cowart of Calhoun County-
A bill to amend Section 1249 of Volume 1 of the Colle of Georgia, relative to the selection of state depositories by the Governor.
Referred to Committee on Banks and Banking.

By Mr. Grant of Habersham County-
A bill to provide for four terms of the Superior Court of Habersham County, and for other purposes.
Referred to Conm1ittee on Special Judiciary.

By Clarke Delegation-
A bill to amend an Act entitled an Act to amend the charter of the Town of Athens and other Act amendatory thereof, and for other purposes.
Referred to Committee on Corporations.

By Mr. Foy of TaylorA bill to change the time of holding the Superior
Court of Taylor County, and for other purposes.
Referred to Committee on Special Judiciary.

MosDAY, JULY 18, 1921.

357

By Mr. Mays of Mitchell-
_.\.. bill to repeal an Act anwnding the charter of the Town of Pelham so as to provide for the election of the chief of police by the people, and for other purposes.
Referred to Committee on Corporations.

By Mr. Mays of Mitchell County-
A bill to amend the charter of the Town of Pelham to sell and convey the municipal light plant and water plant and all equipment thereof, and for other purposes.
Referred to Committee on Corporations.
By Mr. Folsom of Montgomery County-
A bill to change the terms of Montgomery Superior Courts.
Referred to Committee on Special Jmliciary.

By Mr. Moore of Fulton County-
A bill to amend an Act establishing a new charter for the City of Atlanta.
Referred to Committee on Corporations.

By Mr. \Vay of Liberty County-
A bill to amend an .Act creating the Board of Commissioners of Roads and ReYenues for Liberty County, and for other purposes.
Referred to Committee on Counties and County Matters.

:~58

JouRXAL OF THE SEKATE

By Mr. 'Williams of Harris County-
A bill to fix the compensation of the nwmbers of the Board of Commissioners of Roads and ReYenues of Harris County.
Referred to Committee on Counties and Count~ Matters.

By Messrs. Atkinson, Valentino, and Hunter of Chatham County-
A bill to alter, reYise, and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
ReferreJ to Committee on Corporations.

By Mr. Nixon of Treutlen County-
A bill to prescribe and fix a compensation of the treasurer of Treutlen County for recPiYing and disbursing the county money.
Referred to Committee on Counties atHl County Matters.

By Mr. Knight of BerrienA bill to repeal an Act of the General ~-\ssembly in-
corporating the Tmm of Alapaha, Berrien County.
Referred to Committee on Corporations.

By Mr. Clarke of \Vehster County-
A bill to create the office of county treasurer for the County of \Yebster, mlll for other purposes.

l\fOXDAY, ,J"CLY 18, 1921.

359

Referred to Committee on Counties and County Matters.

By Mr. Collins of Cherokee County-
A bill to amend au .Act approYecl August 24th, 1905, page 706, an<l the several Acts amen<latory thereof, incorporating the Town of Canton, Cherokee County.
Referred to Committee on Corporations.

The following resolution of the House was taken up for consideration:

By Mr. McMichael of Marion-
A -resolution to invc>stigate the state highway department.

Mr. Ellis offered the following substitute:

SUBSTIT"CTE FOR JOINT RESOLUTIOK.
By Mr. Ellis of the 47th-
-WHEREAS the State HiglnYay Commission in order to co-operate with the counties, to secure the Federal aid funds mailable and to builtl the system of State roads stipulated by the law creating said Highway Department haYing adopted a large and extensive road and bridge building program and whereas the Legislature belieYing that the report of said Highway Commission was inadequate to fully acquaint the legislature and the people> of this State with the affairs, Acts an<l accomplishments of the said Highway Department during the past twelve

360

JouRXAL OF THE SExATE

months, therefore be it resolved that a joint committee of nineteen members be appointed by the Speaker of the House and President of the Senate, twelve members to be selected from the House and sewn from the Senate respectively, whose duty it shall be to conduct a complete and detailed investigation of the Highway Department of this State, to inquire fully into all the affairs of the department including its expenditures, Acts and accomplishments; it shall also be the duty of this conm1ittee to report its findings to the Legislature within ten days from its creation; it is especially providetl that the Committee is clothed with full authority to conduct a full and complete investigation of said Highway Department.
The substitute was adopted.
Mr. Bellah called for the previous question all(l the call was sustained.
The main question was ordered.
On the adoption of the resolution by substitute the Ayes were 29, the Nays 0 and the resolution was adopted.
Mr. Clay arose to a point of personal privilege and spoke with reference to expediting the business of the General Business.

The following House bill was read the third time and placed upon its passage:

By Mr. King of Jefferson-
A bill to abolish the local school system m and for the Town of wrens.

MoxDAY, J"LLY 18, 1921.

361

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having receive<l the requisite constitutional majority was passed.

The following- resolution "as r<'a<l and onlerNl to lay over one day:

By :Mr. Golucke-
A resolution appointing a joi11t committee to investigate the agricultural schools of Georgia.

Tlw following resolution was rea<l and adopted:

B~- Mr. Pope of the Hth District-

~\. RESOLL"TION.
\Yhereas, the good people of Marietta and Cobb County provide<l.Thurs<lny, .July 14, 1921, a most magnificient bai-becue to the honor of our beloved President, Hon. HerbNt Clay, and to which barbecue we were most cordially invited, an<l
\Vhereas, we enjoyed every moment of our trip and stay in this most hospitable cit~, Herbert Clay's town, therefore
Be it resolved, that the Georgia fi<>nate t>xtend to the whole-hearted, g<'nerous an<l hospitable people of Marietta all<l Cohb County our abounding and heart-felt thanks for this barbPcue of barbecues and that we go on reconl with Pxpressions of our most

362

.JoFRXAL oF THE SEXATE

grateful appreciation of the honor shown our good and able presiding officer antl to us, b) a rising and unanimous vote of thanks.

The following bill was read the thinl time aJHl taken up for consideration:

By Mr. Cone-
A bill to amend an Act known as the inlwritancP tax act.
Mr. \Valker moved that the bill be sc>t as a spc>cial and continuing onler for Tuesda~, .Jul~ 19, ] 921, and the motion prevailed.
Mr. \Yalkc>r monel that SenatP Bill Ko. '27 lw rPcommitted to the Committe<> on Appropriations and Finance and the motion pren1iled.

The following bill was rt>ad the third time a11<l taken up for consideration.

By Messrs. \Y omble, .Jackson and others:
.A bill to repeal an Act to regulate tlw return alHl
assessment of propert~ for taxation in Georgia.
The hour of adjournment haYing arriYed the President announced the Senate adjourned until tomorrow at 10 o'clock.

TuE~DAY, .J-uL 19, 19:21.

363

S~<:XATE ClLUfBER, ATLAXTA. GA.
July 1~)th, 1!121.
The Senate met pursuant to adjounnnent at 10 o 'dock A. jf., and was called to order h~' the President.
Pn1~er "as offered b~ the Re\. J. :M. Tumlin, pastor of the First Baptist Church, ::\Iarietta, Ga.
B~ unanimous consent, the call of the roll was dispensed with.
).[ r. Foy, Chairman of the Committee on Journals, reported that the journal of yesterda~ 's proceedings had been examined and f ouncl correct.
B~ unanimous consent, the reading of the journal of ~esterday's proceedings was dispensed with.
Mr. Golucke asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time, and the consent was granted.
The following bills were read the first time and referred to committees:
By Mr. Pope of the 4-I-th District-
A bill to amend Sections 6 and 10 of an Act approved August 17, 1!117, which Act abolishes the Board of Roads and Rennues of \Valker County, by providing for a penalty in default.
Referred to Committee on Counties and County jlatters.

:36-!
By l\Ir. \Yalker of the 18th DistrictA bill to proYide for all mone~ that ma~ lw col-
lected by au~ officer, agent, emplo~ee, or sernmt of this State to be placed in the State Treasur~ without reduction therefrom, and for other purposes.
Referred to Committee on Appropriations mal "B'iuauces.
By Mr. Hollingsworth of the 17th District-
A bill to amend an Act providing for certain Counties in this State to pay the actual cost incuned in Superior Court and City Court for trials and convictions.
The following resolutions "ere read the first time and referred to Committees:
By ::\Ir. Manson of the 35th District-
A resolution relative to the necessity for passi11g important legislation.
Referred to Committee on Rules.
By ).!r. Golucke of the 10th DistrictA resolution to make a special order of the cla~
of July 20th. A resolution offered b~ Senator Golucke.
Referred to Committee on Rules.
l\Ir. Manson of the 35th asked unanimous consent that House Bill No. 232 he read the second time
and recommitted to the Committee on Corporations,
and the consent was granted.

TuESDAY, JuLY 19, 1921.

365

The following message was received from the House through Mr. }{oore, the Clerk thereof:

Mr. President:
The House has passe<l by tlw requisite constitutional majority the following bills, to wit:
A bill to amend an Act establishing a City Court of Camilla in the City of Camilla in :\1itchell County.
A bill to amend an Act providing for payment of a salary to the Treasurer of ~Iitchell County.
A bill to repeal an Act to establish the fee system no\\ existing in the Superior Court of the Albany Judicial Circuit.

The following message was received from the House through :\Ir. Moore, the Clerk thereof:

Jlr. Presidetd:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to authorize the valuation of bonds and other securities owned by life insurance companies fiy the authorization method.
A bill to amend an Act creating the City Court of Thomas,'"ille in Thomas County.
A bill to amend Section 4809 of the Civil Code of 1910, relative to time to make appeals.
A bill to provide for a record book in each county of the State for the recording of discharges from military and naval seiTice.

366

JOURXAL OF THE ~~h:KATE

A bill to amend an Act ereating the City Court of ~letter in Candler County.
A bill to amend an Act ereating a Board of ( iommissioners of Roads and ReYenucs for gnms County.

The following House bills were read the first time and referred to Committees:

By Mr. Macintyre of Thomas-
A bill to authorize the Yaluation of honds and other securities owned hy life insurance companies by the authorization method.
Referred to Committee on Insurance.

By ~Ir. ~Iaclntyre and Thomas_:_
A bill to amend the Act ereatiug the City Court of Thomasville and Acts amendatory thereof.
Referred to Committee on Special .Judiciar~.

By ~lessers. l\loorc, Holloway and Bentlc~ of Ji'ulton County-
A bill to amend Section 4809 of the Civil Code of 1910.
Referred to Committee on General ,Judiciar~ No.2.

By Mr. Beckham of Doughcrt~A bill to provide for a record book in each county

TeEsDAY, .JcLY 19, 1921.

:167

of State for the recording of discharges from the
military service of the r nited States.
R.eferred to Committee on Militar~ Affairs.

B~- :\Ir. Jliles of Candler-
A bill to anwml an ...-\ct creating tlw City Court of ::\fetter in Candler Count~-, Georgia.
Referred to Committee on Special .Juclician.

By Jlr. Hodges of Evans-
A bill to amend an Act creating a Board of Roads and Revenues for Evans County.
R.eferred to Committee on Couut~ and County
~ratters.

B~- l\fr. ~Iayo of Mitchell-
A bill to amend an Act establishing the City Court of Camilla, in the City of Camilla, in and for the County of .:\litchell.
Rt'ferrt'd to Committee on Special Judiciar~-.

By Mr. .:\Iayo of Mitchell-
A bill to amend an Act providing for the pa~ment of a salary to the Treasurer of Jlitchell Count~-.
R.eferred to Committee on County and County Matters.

By Messrs. .:\Iayo, Hines, Griffin, \Yalkt'r, Singletary and Cowart-
A bill to rept'al the Act to establish the ft'e sys-

368

JoURXAL OF THE SEXATE

tern now existing in the Superior Court of the Al- bany Judicial Circuit.
Referred to Committee on Special Judiciar~.

The following message was received from His Excellency, the Governor, through his Secntar~, 3Ir. \Vest:
Jlr. Preside11t:
I am directed by His Excellency, the GoYemor, to deliver to the Senate a communication in writing to which he respectfull:v invites your attention.

STATE OF GEORGIA,
ExEcrTIYE DErART:'IIEXT,
,Jul~- 19, 1921.
To the General Assembly of GPor.rJia:
The Constitution of 1877 requires that tlw Legislature of Georgia shall meet annually. I urge you to consider an amendment of the Constitution to provide for bi-ennial instead of annual sessions of the General Assembly.
The reasons which prompt me to make this suggestion are as follows:
First: I do so in the interest of ecoHom~' If we should have bi-ennial instead of annual sessions of the General Assembly, the expense would be cut in two and a saving to the State of approximately $56,000 per annum would be made. In times like these it behooves us to effect every possible economy in the expenditure of the money of the people.

TUESDAY, JULY 19, 1921.

369

Second: Bi-ennial sessions of the Gem~ral Assembly would be an improvement over our present system for another and if possible even stronger reason; we have too many unnecessary changes in the law and amendments to the laws. In other words, too much legislation. If we had bi-ennial instead of annual sessions of the General Assembly the result would be that we would have fewer changes in our law and would avoid the disturbances to business incident to anticipated legislation and new legislation every year.
For both of the above reasons, which I have attempted to state to you with brevity, I strongly recommend the submission of an amendment proposing bi-ennial sessions of our General Assembl~T hereafter.
Respectfully submitted,
THOS. \Y. HARDWICK,
Governor.

Referred to Committee on Appropriations and Finance.
)fr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:
lib. PrPsidPnt:
Your Committee on Privileges of the Floor has has had under consideration the following resolution of the Senate and instructed me, as their Chairman, to report the same back to the Senate ,with the recommendation that the same do pass, to wit:

370

JouRNAL oF THE SENATE

A resolution extending the privileges of the fioor to Hon. Thomas Brown for a period of three days.
Respectfully submitted, .J. Jij. PAL:\IOUR, Chairman.

The report of the ( 1ommittl'e was adopte<l.
.:\Ir. B. I<'. \ValkPr of 18th District, Chairman of the Committee on Appropriations and I~'inance, submitted the following report:

Jlr. President:
Your Committee on Appropriations and Finance haw had un<l<>r consideration the following bill and resolution of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill X o. 27, by Howell Cone of 49th, as amended.
House Resolution Xo. 46, by Culpepper of I~'a~ette.
Respectfully submitted,
B. F. \VALKER, Chairman.

.:\Ir. l\lills, Chairman of the Committee on Agriculture, submitted the following report:

Jlr. PrPsideut:
Your Committee on Agriculture has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same

TuESDAY, JuLY 19, 1921.

371.

back to the Senate, with the recommendation that the same do pass, to wit:
Senate Bill Xo. 104, by Senator Rountree, regulating cupping, boxing and protection of turpentine timber.
Respectfully submitted,
l.liLLs, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee 01i Special Judiciary has had un-
der consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to wit:
A bill to define who are and who may become members of Midway Society.
A bill to change terms of ~Iontgomery Superior Court.
A bill to provide for holding four terms a year of Floyd Superior Court (Committee amends).
A bill to hold court bi-monthly in Chatham County.
A bill to regulate compensation of official court reporters in counties having certain population.
A bill to provide for four terms of Superior Court of Habersham County.
A bill to provide for holding four terms a year of the Superior Court of \Yalton County.

37:2

JouRNAL OF THE SEXATE

A bill to change time of holding court_ in Taylor County.
A bill to reduce number of terms of wilcox Superior Court.
GoLUC'KE .

.:'\Ir. Golucke, 19th, Chairman of the Committee on Special Judiciary, submitted the follo\\ing report:

1.11r. President : Your Committee on Special Judiciary has had un-
der consideration the following resolutins of the Senate and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to wit:
To relieve Dan Odom as surety.
To relieve A. L. Binns as surety.
To relieve Z. A. Brooks as surety.
To relieve J. A. Cox as surety.
Respectfully submitted, GoL-cCKE.

~Ir. Jones, 37th, Chairman of the Committee on Corporations, submitted the following report:

llfr. President:
Your Committee on Corporations has had under consideration the following bills of the House and Senate and instructed me, as their Chairman, to re-

TUESDAY, JLTLY 19, 19:21.

373

port the same back to the Senate, with the recommendation that the same do pass, to wit:

House Bill No. 50.

Senate Bill No. 81.

JONEs, 37th, Chairman.

:\Ir. Palmour, Vice-Chairman of the Committee on :\Iines and Mining, submitted the following report:

Mr. Ptesident:
Your Committee on Mines and l\Iining has had under consideration the following resolution of the Senate, and instructed me, as their Chairman, to report the same back to the Senate, with the rerommendation that the same do pass, to wit:
A resolution to authorize and direct the GoYernor of this State to contract in respect to subject matters of the litigation pending in the Supreme Court of the United States between the State of Georgia and the Tennessee Copper Co., and the Ducktown Sulphur, Copper and Iron Co., and for other purposes.
Respectfully submitted,
J. E. PALl\fOUR, Vice-Chairman.

Mr. Snow, Chairman of the Committee on Railroads, submitted the following report:

llfr. President:
Your Committee on Railroads has had under consideration the following bill of the Senate and instructed me, as their Chairman, to report the same

374-

JounxAL OF THE SEXATE

back to the Senate, with the recommendation that the same do pass, to wit:
Bill No. 100.
And BillN"o. 61 with the recommendation that the same do not pass.
Sxow, Chairman.

The following- Senate resolutions, faYorably reported, were read the secolHl time :

By :Mr. vVohlwenderA resolution to relieve Dan Odom as surety.

By Mr. WohlwenderA resolution to relieve A. L. Binns as suret~-.

By Mr. WohlwenderA resolution to relieve Z. A. Brooks as surety.

By )fr. \YohlwenderA resolution to relieve J. A. Cox as surety.
By Messrs. Haralson and RichardsA resolution to direct the Governors with refer-
ence to litig-ation pending in Supreme Court of the United States.
The following- Senate bills, favorably reported, were read the second time:
By Mr. SnowA bill to amend Section 414 of Code of 1910.

TUESDAY, JT..TLY 19, 1921.

375

By Mr. RountreeA bill to amend Section 48S of Code of 1910.

The following- House Bills were favorably reported and read the second time :

By :\Iessrs. Hamilton, D~wid and Salmon of F'loyd County-
A bill to provide for holding- four terms a year of the F'loyd Superior Court.

By Messrs. 'Villiams and Adams of 'Valton County-
A bill to provide for holding four terms a year of the "'alton Superior Court, and for other purposes.

By ::\fr. 'Yimberl~ of Laurens County-
A bill to regulate compensation of official court reporters in certain counties of this State.

By :Messrs. 'Yay of Liberty County, and Folsom of .l\[ontg-onwry County-
A bill to define who may become members of and selectmen of the l\Iidwa~ Societ~ in Liberty Count~, and for other purposes.

By Messrs. Hunter, Atkinson and Valentino of Chatham County-
A bill to amend an Act approved August 18, 1913, relative to the holding of court by County Commissioners and ex-officio Judges of Chatham County.

376

JouRXAL oF THE SEXATE

B~ .\Ir. Grant of Habersham County-
A bill to proYidc for holding four terms of the Superior Court of Habersham County.

BY.

:\fr.

Fo.v

of

Tav.. lor

Countv-'

A bill to change the time of holding the Superior Court of Taylor County.

By Mr. Folsom of :Montgomery County-
A bill to change terms of the Montgomer~ Superior Court.

By :\Ir. ~fonroe of -Wilcox County-
A bill to reduce the number of terms of the \Yilcox Superior Court.

By :Messrs. Reville, :\IcDonald and Pilcher of Richmonel County-
A bill to promote the efficienc~T and improve the condition of the fire department of the City of Augusta.

The following House resolution was read the second time :

B~- :\Ir. Culpepper of F'a~ettc Count~-
A resoluti~n to appropriate seYenty-five ($75.00) dollars for employment of a stenographer to do tax work.
Mr. Golucke asked unanimous consent that Senate Resolution No. 30 be considered at this time.
Mr. Nix objected.

TuESDAY, JuLY 19, 1921.

377

~Ir. Campbell mo\ed that when the Senate adjourn today, it reconvene this aftemoon at 3 o'clock for a two-hour session, and the motion was lost.
~Ir. Jackson moved that the Senate extend its session to two o'clock this afternoon, and the motion was lost.
]fr. Collum moved that the Senate extend its session to 1 :30 o'clock this afternoon, and the motion prevailed.
l\Ir. Kimzey asked unanimous consent that the Senate reconsider its action on Friday, July 15th, 1921, in passing Senate Bill J\o. 56, and the consent was granted.

The following resolution was read aiHl adopted:
'y By l\fr. ohlwender-
A resolution to provide that the Secretary of State furnish the Senate individual drinking cups for the session of 1921.
~[r. Kimzey asked unanimous consent that Senate Bill Xo. 56 be withdrawn from the consideration of the Senate, and the consent was granted.
~Ir. 'Yohlwender asked unanimous consent that the Governor's message be withdrawn from the Committee on Appropriations and Finance and be recommitted to the Committee on Amendments to the Constitutions, and the consent was granted.
Under the head of unfinished business, the following Senate hill was taken up for consideration:

378

.JOURXAL OF THE f.;EXATE

By :\Ir. \Vomble and otlwrs-

A bill to repeal an Act regulating the retum awl assessments of propert~- for taxation in this State.

Mr. Haralson moved that the hill he tabled.

On the question to table, ~Ir. .Jackson called for the ayes and nays, aml the call was sustained.

The roll call was ordered and the vote "as as follows:

Those voting in the affinnative wen Messrs.:

Akin, L. R. Bellah, J. M.
Brown, L. c.
Childs, E. W.
Cone, Howell
Colson, D. C.
Davison, J. E.
Ellis, R. c.
Fleming, Denis

Fleming, w. 0.
Foy, John E. Golucke, Alvin G. Haralson, Pat Holmes, R. H. Hutchins, H. C. Jones, John H. .Jones, 0. K. Kimzey, Sam

Palmour, J. E. Sheffield, R. H. Snow, Russell E. Taylor, Geo. W. Thomas, .James R. Thorpe, E. :\I. Wall, Dan Weaver, .J. D.

Those voting in the negativP \YPr<' Messrs.:

Bond, Chas. N. Boykin, James H. Collum, J. M. David, A. B. Hollingsworth, J. C. Hunt, T. M. Jackson, J. B.

Johns, G. A. Lassiter, W. H. Mills, J. H. Nix, 0. A. Peacock, C. H. Pope, David F. Ridley, Dr. C. L.

Rountree, J. L. Stovall, E. B. Tarpley, R. 0. Walker, B. F. \Villiams, Wiley Wohlwender, Ed \YomiJie, M. D.

Those not voting were Mt>ssrs. :

Campbell, R. W. Manson, Frank C.

Richards, Will

:\1r. President

Ayes 26, Nays 2l.

And the motion prevailed.

Tl:ESDAY, .J-CLY 19, 19:21.

379

The following resolution was read and adopted:
By :\Iessrs. Bond, Xix and Clay-
whereas, ~Irs. C. H. Peacock, the wife of our distinguished Senator from the 48th District, has just successfully undergone a serious operation at the St. .Joseph's Infirmary, and
\\7l1ereas, Jfrs. Peacock is graclllali~~ in1}Jro,ri11g; therefore,
Be it resolved by the Senate, the House concurring, that the General Assembl~ extend to the Senator from the 48th District our heartfelt sympathy and best "ishes for her speed~ recover~.

The following bills were read the third time and placed upon their passage:

By .Mr. Collum of Stephens-
A bill to amend an Act incorporating the City of Toccoa.
The report of the Committee, which was fa,orable to the passage of the hill, was agTPed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having recei,ecl the requisite constitutional majority was passed.

By .Mr. Atkinson of Chatham-
A bill to amend the several Acts relating to Town of \Yarsaw.

380

JorRXAL OF THE SEXATE

The report of the Committee, "hich was fa,orable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill haYing receincl the requisite constitutional majorit~ was passed.

By Messrs. Hunter, Atkinson and Valt'JltiHo of Chatham-
A bill to repeal the charter of Town of Burroughs. The report of the Committee, which was fa,orable to the passage of the bill, was agreed to.
On the passage of the hill the A~C's \\'t'rP -!.), Xays 0.
The bill having r0ceincl the requisite' constitutional majority was passed.

By ~Ir. ~IcClure of \ValkerA bill to amend charter of Cit~ of Rossville.
The report of the Conunittee, "hich was fa,orable to the passage of the bill, was agret>d to.
On the passage of the bill the A~es wcre 40, "Kays 0.
The bill having receind the rt>quisite coHstitutional majorit~ was passed.

By ~fr. \Vest of Fannin-
A bill to establish a system of public schools for the Town of Blue Ridge, Ga.

TuESDAY, JuLY 19, 1921.

381

The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were W, Nays 0.
The bill haYing r0ceived the r('quisitc constitutional majoiity was passed.

By ?\Ir. Perryman of THlhot-
A bill to r0peal an Act cr0ating a school system for the Town of Talbotton.
The report of the Committee, which was favorable to the passage of tho hill, was agreed to.
On the passag<' of the hill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. J on0s and Thompson of Coweta-
A bill to establish a s)st0m of public schools in and for the Town of Grantville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were ll,
Kays 0.
The bill having received the requisite constitutional majority was passed.

B~ Mr. \Voodward of Cook-
A bill to provide for hol<ling two terms of the Superior Court in and for the County of Cook.

382

,JOURNAL OF THE SENATE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite coustitntional majority was passed.

By }.Ir. 1Iaddox of Spalding-
A bill to revise Acts grmttitig charter of Griffin.
The report of the Conunittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A~es were 4-0, Nays 0.
The bill having received tlw requisite constitutional majority was passed.

By l\Ir. Bird of Taliaferro-
A bill to amend Act granting corporate authority to City of Crawfordsville.
The report of the Committee, whieh was ftworable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were 40, Nays 0.
The bill having received the requisite <'onstitutional majority was passed.

By Mr. Lewis of ColquittA bill to amend Art incorporating Town of Berlin.

Tl.'E~DAY, JeLY 19, 1921.

383

'l,he report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Xays 0.
The hill having received the requisite constitutional majority was passed.

By Mr. l\1undy of Polk-
A bill to amend charter of Cedartown.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the. bill the Ayes were 40, Xays 0.
The hill having received the requisite constitutional majority was passed.

By :Jir. Colson-
..A bill to repeal an .Act creating and establishing the Glenwood public school system.
The report of the Committee; which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
Th~ bill having received the requisite constitutional majority was passed.

By Mr. Thorpe-
A bill to amend Act establishing City Court of Reidsville.

384

.JoL"HKAL oF THE SExATE

The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Xays 0.
The bill haYing received the requisite constii:ntional majorit)' "as passed.

By ~[r. Pope-
A bill to amend charter of City of Rossville.
The report of the Committee, which ,,as fayorable to the passage of the hill, was agreed to.
On the passage of the bill the Ayes were 40, Xays 0.
The hill having received the requisite constitutional majority was passed.

B~- .Mr. Manson-
A bill to pro,ide for holding two additional terms of Clayton Connty Superior Court.
'l'he report of the Committee, which was fannable to the passage of the bill, ~Yas agreed to.
On the passage of the hill the A)es were -to,
Xa)s 0.
The bill having received the requisite constitutional majority was passed.

B:- Mr. Thorp<:>-
A bill to make it unlawful to make false statement in attempting to procure payment of a false

TlJE~DAY, .JULY 19, 19:21.

385

claim against industrial, health, life or accident insurance companies.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the hill the A~cs were 2S, Xays 0.
The bill ha,ing receind the requisite constit:Itional majority was passed.

The following House bill was read the third time and placed upon its passage:

By ~Ir. DuBose of Clarke-
A bill to appropriate $25,000.00 to the contingent fund of the ExecutiYe Departments for the ~car 1921.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.

The bill involving an appropriation, the roll call was ordered and the vote was as follows:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Fleming, Denis Foy, .John E.

Haralson, Pat Hollingsworth, J. C. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Johns, G.. A. Jones, John H. Kimzey, Sam Manson, Frank C. Mills, J. H. Nix, 0. A. Ridley, Dr. C. L.

Rountree, .J. L. Stovall, E. B. Ta:ylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed

386

.JoURXAL oF THE SEXATE

Those not voting were Messrs. :

Campbell, R. W. Davison, .J. E. Ellis, R. C. Fleming, W. 0. GQlucl\e, Alvin G. Holmes, R. H.

.Jones, 0. K. Lassiter, W. H. Palmour, .J. E. Peacock, C. H. Pope, David F. Richards, Will

Sheffie!d, R. H. Snow, Russell E. Ta.rpley, R. 0. Womble, M.D. )Ir. President

Ay<s :~4, Nays 0.

The bill luning reeeivcd the requisite constitutional majority was passed.

The following hill was read the third time and plac<d upon its passag-e:

B~ !\Icssrs. Bond and Ji'ltming of lOth-
A bill to regulate and inspect hotels in eities and incorporated in this Stab.

The Committee offered the following substitute:

SUBSTITUTJi~ FOR SKXATr~ BILL XO. ;~~ AN ACT
Relating- to licensing, ngulating and insprcting of hotels, restaurants in cities, \'illages and incorporated towns in the State of Georgia.
Section 1. What ff'rm hoff'[ includes IMuhr. this Act. Be it enacted b~ the people of the State of Georgia, represented in the General Assembl~, cYcry building or structure kept, used, advertised as, or held out to the public to be an inn, hotel or public lodging house, or place where sleeping accommodations arc furnishul for hire to transient guests, whether with or without meals, shall for the purpose

TuESDAY, JuLY 19, 1921.

3B7

of this Aet, be defined to be a hotel, and whenever the word "hotel" shall occur in this Act, it shall be construed to mean and covPr every such building, or structure, as described in this section.
Sec. 2. 1Vhat term resfaztrant includes under this Act. Every building or other structures, and all buildings in connection, kPpt, used or maintain('d as, or held out to the public to be a place where meals or lunch('ons are setTed without slt>eping accommodations, shall for the purpose of this Act be deemed to be a restaurant, and the person or persons in charge thereof, whether the owuer, lessee, manager or agent, for the purpose of this Act shall be deemed the proprietor of sueh restannmt, and wheneYer the word "restaurant" shall oceur in fhis Act, it shall he constru<'d to mean such strudm<' as d<'scribed in this section.
8<'c. 3. License-Application. On taking effect of this Act, and on or h~fore January first of each year thereafter, every person, firm or corporation, 110w engaged in the busin('SS of conducti11g a hotel, and every person, firm or corporation, who shall hereafter engage in conducting such business, shall make application to the inspector of hotels and restaurants for a license to conduct such business; such application shall be accompanied by a statement showing the maximum rates to be charged for each room in such hotel to the guests, when occupied by one guest, by two guests, by three guests or more, and on the first day of July and January of each year thereafter the maximum rate for each room shall be posted on a card on the inside of the entrance

388

JouRXAL oF THE SEXATE

door to such room, in type of such size and dimension sufficiently large to be easil~, read, and no greater rate shall be charged or collected.
0
On taking effect of this Act and on or before January 1st of eaeh year thereafter, every person, firm or corporation, now engaged in the busin<'ss of conducting a restaurant and every person, finn or eorporation who shall hereafter engage in condueting such business shall make application to the inspector of hotels and restaurants for a license to conduct such business.
Sec. 4. Application Blank-Furuislwd-Approued. The inspector of hotels and restaurants, upon request shall furnish to any person, firm or corporation desiring to conduct a hotel or restaurant an application blank to be filled out by such person, firm or corporation for a licens<' therefor, and it shall require such applicant to state the full name and address of the proprietor, lesse<', or manager of such hotel or restaurant, together with a description of the building and the propert) to he used or proposed to be used for such business, the location of same, and such application shall he accompanied by the license fee hereinafter proYid<'cl, and thereupon the inspector of hotels and r<'staurants shall issue a license to the applicant to conduct a hotel or restaurant in this State.
Sec. 5. License, Expiration of. Eaeh license shall expire on the 31st day of December next following its issuance. No hotel or restaurant shall be maintained or conducted in this State after the taking effect of this Act without having secured a li-

TUESDAY, JL"LY 19, 19:21.

389

cense therefor as hereinafter proYided, and the said license shall be transferred upon pa~nnent of one dollar ($1.00) for such transfer.
Sec. 6. License. The fee for license to conduct a hotel in this State shall be for eYer~ hotel, dining room and restaurant combined, or hotel without restamant, containing less than fifteen sleeping rooms, ten dollars ($10.00); for all hotels containing fifteen or more and less than thirty-fiye sleeping rooms fifteen dollars ($15.00); for all hotels containing thirty-five sleeping rooms and less than fifty sleeping rooms, twenty dollars ($20.00) ; and all hotels containing fifty or more ancl less than one hundred rooms, thirty dollars ($30.00); for all hotels containing one hundred sleeping rooms all<l less than one hundred and fift~ sleeping rooms, forty dollars ($40.00); for all hotels containing one hundred and fifty or more and less than two hundred sleeping rooms, forty-fin ($45.00); for all hotels containing two hundre<l or more sleeping rooms, fifty dollars ($50.00). For all restaurants in an~ city or ,illagc where no hotel license is gTanted and where said restaurant is separate from the management of a hotel and has a seating capacit~ of less than twent~-fin persons, five dollars ($5.00); for an~ restaurant that has a seating capacit~ of twent~-fin persons and not more than fifty, ten dollars $10.00); for any restaurant seating fifty or more persons, twenty dollars ($20.00); in all hotels within the meaning of this Act, the office, parlor, dining room and kitchen and all sleeping rooms wlwthcr for hire to transient or

390

.JouRNAL tn' THE SEXATE

permanent guests shall he construed to mC'an "gnNd. rooms.''
All fees received for licenses shall be collected by the hotel inspector and shall be kept in itemized form showing receipt from each hotel. All disbursements shall be kept and shall be itemizC'd and paid by the hotel inspector out of said funds. All items of expense shall be approved by the inspector. The accounts of the hotel inspector shall l)(' audited once a year by a certified public aecountant and such audit shall be published in an annual report of said inspector. Any surplus funds r<'maining on hand December 31st of each ~-C'ar shall hP paid into the State Treasury,
\Vhcre a license has bepn issued to a hotel or rC'staurant, the same shall he kept in the office of such hotel or restaurant or displa~ed in a cm1spicuous manner therein.
The licenses aho,e provided for shall he paid in lieu of all other license or occupation taxes in favor of the State of Georgia or <lll~' county th0reof.
Sec. 7. Rooms. Price Posted. On the inside of the door of each lodging room there shall b:.- p~sted in a conspicuous place a card stating th<' maximum price of said room per da~, per person, and said posted price shall not be increased until the manager of said hotel shall give the inspector of hotels and restaurants prmidcd for in this Act, thirt~- (20) days' notice of his intention to so increase the said price and state the amount he proposes to charge. Copy of such application Rhall be publici~ posted in the lobb~r of such hotel.

TeESDAY, Jns 19, 1921.

391

Sec. 8. Sanitary Provisions. Common drinking cups are prohibited. The use of a common drinking cup in hotels or in hotel offices or toilet rooms and wash rooms of hotels and restaurants is hereby prohibited.
Sec. 9. Annual Inspection. It shall be the duty of the inspector of hotels and restaurants and his deputies to see that all the provisions of this Act and all of the laws now existing or which may hereafter be passed by the General Assembly of Georgia, relating to hotels, are enforced and complied with, and for such purpose said inspector of hote>ls and restaurants shall personally inspect at least once every year every hotel or restaurant in the State coming \vithin the prO\'isions of this Act; said inspector or his deputies beillg hereby empowered and authorized to enter any hotel or restaurant at all reasonable hours to make such inspection, and it is hereby made the duty of every person in the management
or control of such hotel or restaurant to give free
access to every part of the hotel or restaurant and render all aid and assistance to enable the inspector to make a thorough and complete examination thereof.
Sec. 10. Violation of Law. "Whenever the inspector finds that any person, firm or corporation has violated any of the p1;ovisions of this Act or any of the laws of Georgia now existing regarding hotels and restaurants or any laws of Georgia which may hereafter be passed regarding hotels and restaurants, it shall be the duty of the inspector or his deputies to report such violation to the SolicitorGeneral or other prosecuting officer whose clut~' it is

392

JoTJRKAL OF THE SEXATE

to presocute the person, finn or corporation Yiobting any proYisions of this Act or any of said lmYs, and to aid and assist the said Solicitor-General or prosecuting officer in the prosecution of tht> person, firm or corporation charged with such ,iolation. All violations of this Act shall be misdemeanors and prosecuted as pro,ided for under the Criminal Code.
Sec. 11. Report. The inspector or deputy shall make a full and complete report to the Gon'rnor and Legislature of every hotel and restaurant inspected, upon blanks furnished for that purpose, which report shall show the condition of the hotel or restaurant inspected, as to its sanitary condition, the number and condition of its fire escapes, the number of stories high, the number of sleeping rooms, or sleeping departments, the name of the proprietor and such other information as will be for the bdtennent of public health.
Sec. 12. Compensation. Baud. Expenses. The Governor shall appoint the inspector of hotels and restaurants, who shall receive a salary of thirtysix hundred ($3,600.00) dollars per annum and necessary expenses, pa~able monthl~ out of the hotel inspection fund and who shall hold office for four ~cars. The hotel inspector shall appoint a deputy inspector if necessary and clerical help and fix their compensation. Said appointments and compensa-
tion shall be subject to the appro,al of the Governor.
The hotel and restaurant inspector shall fumish a bond in the sum of five thousand ($5,000.00) dollars to be approved by the Attorney-General. He shall maintain and have his office with the State Board of Health in the Capitol building at Atlanta, Georgia.

Tt:E:->DJ.Y, JrLY 19, 19:?1.
Sec. 13. Prevenfiou of Jlosqwitocs. All sleeping rooms in hotels in those sections of the State in which mosquitoes are found shall be provided with properl) screened windows or proper mosquito nets oYer the beds.
Sec. 14. Expenses. The inspector and deput~ shall be allowed their necessary expenses while engaged in the actual "ork of inspection, to hf' audited and paid out of the hotel inspc'ction fund, as pro,icled in Section 12 hereof.
Sec. 15. R r peal. All Acts or parts of Acts inconsistent with an~ of the }1l'OYisions of this Act are hereby repealed.
The substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill b~- substitute! was agreed to.
The main question was ordered.
On the passage of the hill by substitute, the Ayes were 28, the Xays were 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and put upon its passage.
By Mr. Cone-
A bill to amend an Act known as the inheritance tax act.

394

JovRXAL OF THE SExATE

Mr. J olms offered the following- amendment:
By adding- to Section 11-A the following- words: ''Provided, however, no commissions shall be paid by the State Tax Commissioners to any such agent or agents except upon such estates as were not returned to the office of State Tax Commissioner in accordance with the i1iheritance tax laws of Georgia within the time provided by law and if auy estate has been returned but a dispute arises between the representatives of such estate and the Sate Tax Commissioner, then the said agents, or any of them, may be compensated, in the judgment of the Commissioner for services rendered in connection with the final determination of the sums due as inheritance taxes, such compensation not to exceed the per centage already provided for, but no commissions shall in any event be paid upon any sum acknowledged to be due in the relation of the estate or tendered by such estate by its representati\'e for such tax.''
The amendment was adopted.
The report of the Committee, \Yhich was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 36, the Nays were 0.
This bill having received the requisite constitutional majority was passed.

The following bill was read the third time and taken up for consideration:

TuE~DAY, JuLY 19, 19~1.

395

By .}fr. Snow-
A bill to proYide for the sale of the interest or equity, etc., and for other purposes.
Under a Jneyiously adopted motion, the hour of 1 ::iO haYing arrived, the President announced the Senate adjourned until 10 o'clock A . .}1. tomorrow.

---111111'

396

,JOURXAL OF THE ~EXATE

SEXATE CHA:\IBEH, ATLAXTA, (L-\..
July 20th, 19:!1.
The Senate met pursuant to a<ljournmeut at 10 o'clock .A. M., mHl was calle<l to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. :F'oy, Chairman of the Committee on .Journals, reported that the Journal of yesterday's proceedings had ~en examined and found correct.
By unanimous consent the re<Hling of tlw .Journal of yesterday's proceedings was <lispensed with.
Mr. Golucke asked unanimous consent that R<>nate Resolution No. 30 be taken up for considt>ration at this time, and the consent was granted.
The following resolution was taken up for consideration:
By Mr. GoluckeA resolution providing for an inYestigation of the
district agricultural schools.
Mr. Vvohlwender called for the previous question and the call was sustained.
Mr. Nix called for the .Ayes and Nays and th<' call was sustainell.

"\VEDXE~DAY, JULY 20, 1921.

397

The roll call was ordered and the vote was as follows:

Those voting in tlw affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell David, A. B. Davison, J. E. }~llis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucl,e, Alvin G.

Haralson, Pat ,Hollingsworth, J. C. Holmes, R. H. Hunt, T. ~I. Hutchins, H. C. ,Johns, G. A. .Tones, John H. .Jones, 0. K. Kimzey, Sam Lassiter, W. H. Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Ta.rpley, R. 0. Ta.ylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Williams, Wiley
Wohlwender, Ec
Womble, M.D.

Those voting in the negative were Messrs.:

Jackson, J. B.

Those not voting were :Messrs.:

Brown, L. C. Colson, D. C.

Manson, Frank C. Weaver, J. D.

Ylr. President

Ayes 45, Kars 1.

The resolution having received the requisite constitutional majorit~, ,,as passed.

The following message was received from tt.. House, through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of "\Vilkinson.

398

JOURNAL OF THE SENATE

A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Pierce.
A bill to create the office of Commissioners of Roads and Revenues for the County of Pierce.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

~11. P'resident:
The House has agreed to the Senate substitute for the following resolution of the House, to wit:

By Mr. McMichael of Marion-
A resolution providing for an investigation of the state highway department.

Mr. President: The C01mnittee on the part of the House, under
House Resolution No. 5, to wit: A resolution to investigate the State Highway Department, by Mr. McMichael of Marion, to be appointed by the Speaker are as follows :
Mr. McMichael of Marion,
Mr. Mann of Glynn,
Mr. Dykes of Dooly,
Mr. Mayo of Mitchell,
Mr. Perryman of Talbot,
Mr. Johnson of Bartow,
Mr. Holloway of Fulton,

\VEDNESDAY, ,Jl:LY 20, 1921.

399

Mr. Cowart of Calhoun, Mr. Camp of Campbell, Mr. Davis of Oglethorpe, Mr. Rutherford of Monroe, Mr. Arnold of Clay.

The following bills were introduced, read the first time and referred to Committees:

By Mr. \Villiams-
A bill to re-arrange the Cordele Jutlicial Circuit.
Referred to Committee on General Judiciary No.1.

By Mr. \Villiams-
A bill to amend an Act to abolish the fee system in the Cordele Judicial Circuit.
Referred to Committee on General .Judiciary No.1.

By Mr. \Yilliams-
A bill to est-ablish the City Court of Fitzgerald.
Referred to Committee on General Judiciary No.1.

The following House bill was read the first time an<l referred to Committee:

400

JouRNAL oF THE SExATE

By Messrs. Kittrell and "Wimberly of Laurens, Childs of Upson and Hamilton of Floyd-
A bill to create a Board of Harbor, Port and Terminal Commissioners for State of Georgia.
Referred to Committee on Agriculture.

The following House bills were read the first time and referred to Committee.

By Mr. Brantley of Pierce-
A bill to repeal an Act creating a Boanl of Commissioners for County of Pierce.
Referred to Committee on Counties and County Matters.

By Mr. Brantley of Pierce-
A bill to create the office of Commissioners of Roads and Revenues for Pierce County.
Referred to Committee on Counties and County Matters.

By Mr. Carswell of wilkinson-
A bill to amend an Act entitled an Act creating a Board of Roads and Revenues for wilkinson County.
Referred to Committee on Counties and County Matters.

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report:

'VEDXESDAY, J"GLY 20, 1921.

401

Mr. President: Your Committee on Counties and County Matters
has had under consideration the following bills of the House and Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bills Nos. 195-197. House Bills Nos. 144-127. House Bill No. 29. House Bill No. 282. House Bill No. 261. House Bill No. 255. House Bill No. 53-54, as amended. House Bill No. 46. House Bill No. 245. House Bill No. 228. House Bills Nos. 160-159. Senate Bill No. 110. Senate Bill No. 23. Senate Bill No. 38, as amended by substitute.
(Signed) wiLL RicHARDs, Chairman.

Mr. Ridley, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

402

JouRNAL oF THE SENATE

Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 9. A bill to amend the Act revising the dental laws of State of Georgia.
Respectfully submitted,
RIDLEY, Chairman.

Mr. Nix, Chairman of the Committee ou General Judiciary No. 2, submitted the follmving report:

Mr. President: Your Committee on General Judiciary No. 2 has
had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bill No. 14.
Senate Bill No. 94.
Senate Bill No. 105.
Senate Bill No. 114.
Senate Bill No. 72 do pass by substitute. Senate Bill No. 90 do pass.
Senate Bill No. 87 do pass as amended.

'VEDXE8DAY, JULY 20, 1921.

403

Senate Bill No. 66 do not pass. House Bill No. 38 do pass.
Respectfully submitted, Nrx, Chairman.

The following bills, favorably reported, were read the second time.

By Mr. Nix.
A bill to define the punishment for the crime of burglary.

By Mr. MansonA bill to increase the fees of coroners, etc.

By Mr. Ellis-
A bill to provide a method for the creation of County Commissioners, etc.

By Mr. Boykin-
A bill to provide for exercise of elective franchise by females.

By Mr. Johns-
A bill to create aiH1 organize a new Judicial Circuit of the Superior Court of this State.

By Mr. Wohlwender-
A bill to amend Code of Georgia, relative to incorporation of Interurban Railroad Companies.

404

J OURKAL OF THE SExATE

By Mr. Thomas-
A bill to provide for assessment g1nng Hn approval of the supersedeas bonds in this State.

By Mr. Golucke-
A bill to amend an Act establishing a llepartment of insurance.

By Mr. Sheffield-
A bill to amend Code so as to provide changes in county lines shall be effected.

By Mr. Hollingsworth-
A bill to amend an Act providing for payment by counties of actual cost incurred in Superior and City Courts.

By Mr. Atkinson of ChathamA bill to amend an Act revising the tlental law::;
of Georgia.
By Mr. Nichols of 'VayneA bill to provide for establishmeut of five road
districts in County of 'Vayne.

By Fulton DelegationA bill to amend civil code relatin to time for
appeals.
By Mr. Grovenstein of EffinghamA bill to create a Board of Commissioners of
Roads and Revenues for County of Effingham.

"'EDXESDAY, JrLY 20, 1921.

405

By Messrs. Parrish and Brannan of Bulloch-
..:\. bill to create a Board of three Commissioners for Bulloch County.

By Messrs Parrish and Brannan of Bulloch-
A bill to abolish the Boanl of one Commissioner of Bulloch County.

By Mr. 'Vhitworth of M<Hlison-
A bill to authorize and direct the Commissioners of Roads and Revenues of Madison County.

By Mr. 'Vhitworth of Madison-
A bill to amend an Act incorporating the Madison County Academy.

By Mr. Henderson of 'VhiteA bill to repeal an Act creating a Board of Com-
missioners for Vlhite County.
By Mr. Henderson of '7\ThiteA bill to create a Board of Commissioners of
Roads and Revenues for '\Thite County.
By Mr. Patten of LanierA bill to abolish office of county treasurer of
Lanier.
By Mr. Hodges of EvansA bill to amend an Act creating a Board of Roads
and Revenues for Evans County.

406

JouRNAL OF THE SENATE

By Mr. Mayo of Mitchell-
A bill to amend an Act providing for the payment of a salary to the treasurer of Mitchell County.

By Mr. Williams of Harris-
A bill to fix compensation of the members of Board of Commissioners of Roads anrl Revenues of Harris County.

By Mr. Mixon of Treutlen-
A bill to fix compensation of the treasurer of Treutlen.
. Mr. Fleming, of the lOth, asked unanimous consent that House Bill No. 143 be read the second time and recommitted to the Committee on Corporations, and the consent was granted.

The following bill was read the third time and placed upon its passage:

By Messrs. Williams and Adams of vValton-
A bill to provide for holding four terms a year of the Superior Court of \Valton County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitu- tional majority was passed.
The following resolution was rea<l the third time and placed upon its passage:

\VEDXESDAY, JULY 20, 1921.

407

By Mr. Haralson-
A resolution directing the Governor with reference to certain. litigation now pending in thfl Supreme Court of the United States.
. The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having received the requisite constitutional majority was passed.
The President appointed the following Senators as a Committee on the part of the Senate to act under House Resolution No. 5:
Messrs. Ellis of 47th. Campbell of 34th. Holmes of 22nd. Bellah of 42nd. Fleming of 8th. Bond of 30th. Pope of 44th.

Under the head of Unfinished Business the following bill was taken up for consideration:

By Mr. Snow-
A bill to provide for the sale of the interest or equity of the vendee of real estate, etc.

408

JouRKAL oF THE SExATE

Mr. Kimzey called for the preYious question aml the call was sustainetl.
Mr. Snow moved that the bill be tabletl and the motion prevailed.

The following bill was read the thinl time aml placed upon its passage.

By Mr. Moore of Appling-
A bill to regulate the practice of chiropractic in Georgia.
Mr. weaver called foi the previous question and the call was sustained.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 37, the Nays were 2.
The bill having received the requisite constitutional majority was passed.
Mr. Jackson moYell that Senate Bill No. 24 be taken from the table.
Mr. Nix called for the ..-\yes and Nays and the call was sustained.
Mr. Golucke moved that the Senate do no" adjourn.
Mr. Jackson called for the ~-\yes an(l Nays and the call was sustained.

The roll call was onlered mul the vote was as follows:

\VEDXESDAY, Jl:LY 20, 1921.

409

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Campbell, R. W. David, A. B. Davison, J. E. Foy, John E.

Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Jones, John H. Jones, 0. K. Kimzey, Sam Palmour, J. E.

Peacock, C. H. Richards. Will Snow, Russell E. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Wall, Dan

Those voting in the negative were Messrs.:

Childs, E. W. Collum, J. M. Cone, Howell Ellis. R. C. Fleming, Denis Fleming, W. 0. Holmes, R. H. I:Iunt, T. M.

Hutchins, H. C. Jackson, J. B. Johns, G. A. Lassiter, W. H. Nix, 0. A. Pope, David F. Ridley, Dr. C. L. Rountree, J. L.

Sheffield, R. H. Stovall, E. B. Ta.rpley, R. 0. Walker, B. F. Weaver, J. D. Williams, Wiley Womble, M. D.

Those not voting were Messrs. :

Boykin, James H.
Brown, L. C.
Colson, D. c.

.Manson, Frank C. Mills, J. H.

Wohlwender, Ed Mr. President

Ayes 21, Nays 23.

Mr. Golucke asked unanimous consent that the verification of the roll call be dispensed with.
Mr. Nix objected.
Mr. Golucke moYc<l that the verification of the roll call be dispensed with.

Mr. Nix called for the Ayes and Nays and the call was sustained.

The roll call was ordere<l and the vote was as follows:

410

JouR~AL OJ!' THE SENATE

Those voting in the affirmative were Messrs.:

Akin, L.' R. Bellah, J. M. Campbell, R. W. Cone, Howell Davison, J. E. Ellis, R. C. Fleming, W. 0. Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hutchins, H. C. Jones, 0. K. Kimzey, Sam Palmour, J. E. Peacock, C. H.

Pope, David F. Richards, Will Sheffield, R. H. Taylor, Geo. W. Thorpe, E. M. Wall, Dan

Those voting in the negatiYe were Messrs.:

Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, J. M. David, A. B. Fleming, Denis Hunt, T. M. Jackson, J. B.

Johns, G. A. .Jones, John H. Lassiter, W. H. Manson, Frank C. Nix, 0. A. Rountree, J. L. Snow, Russell E. Stovall, E. B.

Tarpley, R. 0. Thomas, James R. Walker, B. F. Weaver, J. D. Williams, Wiley Womble, M. D.

Those not voting were Messrs. :

Brown, L. C. Colson, D. C. Foy, John E.

Mills, J. H. Ridley, Dr. C. L. Wohlwender, Ed

Mr. President

.Ayes 22, Nays 23.

On the motion that the verification of the roll call be dispensed with the Ayes were 22, the N'ays were 23, and the motion was lost.
The Secretary then proceede<l with the verification of the roll call.
On the motion to adjourn the Ayes were 21, the Nays were 23, and the motion was lost.
The hour of adjournment having arrived the President announced the Senate a<ljourned until tomorrow morning at 10 o'clock.

'J'IIt'IISJl-\\', .Jl'J,\" ~~' 1!J21.

411

SENATE CHAMBER, ATLANTA, GA.
July 21st, 1921.
The Senate met pursuant to adjournment at 10 o'clock A. M., and was called to order by the President.
Prayer was offerE-d by the Rev. \V. B. McDonald, pastor of the First Christian Church, 1\faysville, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Foy Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had beE-n examined and found to be correct.
By unanimous consent the reading of the Journal of yesterday's proceE-dings was dispensed with.
Mr. Clay asked unanimous consent that Senate Bill No. 24 be withdrawn from the table put in its regular place on the calendar and made a special and continuing order for Thursday, .July 28th, and the consent was granted.
The following resolution was read and adopted:
By Messrs. Snow and Ellis-
A resolution inviting Ron. \V. B. Greely and Ron. Gifford Pinchot to address the Senate today at 1 o'clock.

412

JouRXAL OJ.' THE SEXATE

The President appointed the following S(nators to act under Senate Resolution No. 37:
Messrs. Snow. Ellis. Tarpley.
Mr. Akin ask<'<l unammous consPnt that all HPnators having bills to introduce be allow<'d to clo so at this tim<', ml<l the consent was granhcl.
The following bills wore introduce<l, read tho first time and referred to Committees:
B~r Mr. Akin of the 4th-
A bill to amend an .:\ct ''for the regulation of taking shad from the waters of this State."
Referred to Committee on Game and Fish.

By Mr. Bellah of the 42nd, Mr. Cone of the 49th, and Mr. Pope of the 44th-
A bill to regulate the operation of motor-vehicles upon the public stre<>ts an<l highways of this State.
Referred to Committee on Public Roads.
By Mr. Johns of the 27thA bill to amend drainage laws.. Referred to Committee on Drainage.
By Mr. Ridley of the 28thA bill to amen<l an ~-\ct to incorporate the Town
of Hillsboro, Ga. Referred to Committee on Corporations.

THl"RSDAY, .Tl"LY 21, 1921.

413

By Mr. walker of the 18th, and Mr. Johns of the 27th-
A bill to amend Section 3931, Paragraph 6, of the Code of 1910, so as to make the mother an equal heir of a deceased intestate.
Referred to Committee on General Judiciary No.1.
By Mr. Clay of the 39th-
A bill to authorizP the City of Marietta to submit to the people, wlwther or not bonds shall b~ issued.
Refened to Committee on Corporations.

By Mr. Snow of the 7th-
A bill to provide for the safet~ of the public at railroad grade crossings.

By Mr. Ellis of tlw 47th, an<l Mr. Snow of the 7th-
A bill to create and investigate committee to be known as ''The Georgia State Board of Forestry.''
Referred to Committee on AgTiculture.

By Mr. Holmes of the 22nd-
A bill to create a new charter for the City of Macon, Ga.
ReferrP<l to Committee on Rp<'cial Judiciary.

By Manson of the 35th-
A bill to amend an Act, known as the Georgia Motor Vehicle Law, approved November 30, 1915.
Referred to Committee on Public Roads.

414

.TouRxAL oF TIIE S8XATE

By Mr. Manson-
A bill to provide that in counties of ~00,000 or more population the r~c'conling- of plats and subdividing of lands shall be regulate<! b~ Ma~or or Commissioners of Roads and RPn'nnes.
Ref0rre<l to Connnittee 011 Corporations.

l\fr. ''Tall, of the 5th, Chai nwm of t lw CommittPP on Banks all<l Banking, suhmittPd the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration tlw following bill of thE' Senah' and instructed me, as their Chairman, to rPport tlw same back to the Senate with tlw n'comnwlHlation
that the same <lo pass, to wit:
\ bill to amE'n< l an \ct r0gulating banking m Georgia.

Mr. Bo~kin, Chairman of the Committee on Congressional and Legislatin' Reapportionments, submittE>fl the following report:

illr. President:
Your Committee on Congressional all<l LPgislative Reapportionments has ha<l ulHlE'r eoJJSi<leration the following bill of the Senat<' an<l instructed me, as their Chairman, to report the sam<' back to tlw Senate with the recomm('lHlation that the sanw do pass, to 'vit:

TJ:IeRsDAY, .JeLY :21, 1921.

415

~Pnatc Bill Xo. 101. To crPate ~enatorial District Ko. 5:2.
Respectfull~ submi tterl,
BoY KI x, Chairman.

Mr. B. F. \Yalker, of tlw 18th, Chairman of the CommitteP on _.\ppropriations and Finance, submitted the following rPport:

Jlr. Presidf'Jif:
Your Committee on ~\ ppropriation:-; and Finance has luHl under consi<lPration the following bill of the Se>nate a11<l instructed me, as their Chairman, to n'port the same back to tlw f-ipnate> with the re>comnwn<lation that tlH' same do pass, to wit:
- Se>nate Bill Xo. 11:3, b~ :Jir. \Yalker, of the 18th.
Respectfull~ submitted,
B. F. \YALKER, Chairman.

J\I r..Jmws, of thl' :~/th, Chairman of tlw Committee oil Corpon1tions, suhmitt<>d tlw fo1lowing rPport:

Jfr. President:
Your Committee on Corporations has had mHlPr consid<'ration th<> follm\ing bill of the House mHl instructe<l nw, as their Chairman, to report the same back to tlw SPnatP ~with tlw n'commeJHlation that the> same do pass, to wit:
A bill to amend the charte>r of City of Atlanta .
.JoxEs of the 37th,
Chairman.

416

JOURXAL OF THE 8EXA:rE

Mr. Haralson, Chairman of the Committee on Public Property, submitted the following report:

.Mr. President:
Your Connnittt>e on Public Propl'rty has had under consideration the following bill, 8t>nate Bill Ko. 4~), mHl instructed nw, as their Chairman, to report the same back to the SenatP with the recommeiHlation that the same <lo pass with anwndment, made thereto, to wit:
That t"o members of the Senate awl three from the House be appointed by the President of the Sc>nate and Speaker of the House to serTe with the GoYernor, Solicitor-General an<l Secrc'tar~ of the State.
HARALsox, Chairman.

Mr. Childs, Chairman of the Committee on Education, submitted the following report:

Mr. Pr('sidcnt:
Your Committee on Education has h<ul undt>r consideration tlw following hills of the S<:>natl' and instructed me, as their Chairman, to report the same hack to the Senate with tht> reconnnen(lation that the same do pass, to wit:
Senate Bill No. 71, by Senator Rountree, amending certain Sections of school code.
Senate Bill No. 79, by Senators Akin an<l 'VeaYer, to establish kin<lergarten, as amended.

THURSDAY, JULY :21, 1921.

417

Senate Bili No. 95, by Senator Collum, amending Barrett-Rogers Act.
Respectfully submitted,
E. "\V. CHILDs, Chairman.

The following resolutions were read and adopted:

RESOLUTIOK.
Be it resolved by the Senate, that the privileges of the floor be extended to Mrs. ,V. Cecil Neill, wife of the Speaker of the House, for a period of three days.

By Herbert Clay and Ernest Palmour-
Also the Ron. Chas. Franklin McLaughton, Solicitor-General of the Chattahoochee Circuit, for a period of three clays.

The following Senate bills, favorably reported, were read the second time:

By Mr. Haralson-
A bill to provide for exchange of Governor's ManSion.

By Messrs. Volall and David-
A bill to amend an Act to reg11late banking m Georgia.

By Mr. Rountree-
A bill to amend an Act to codify the school laws of Georgia.

418

JouRNAL oF THE SE).~ATE

By Messrs. Akin and Walker-
A bill to establish kindergartens m the public schools where desired.

By Mr. Collum of the 13th-
A bill to amend an Act to aiel in establishment of more consoldiatecl public schools in each county of State.

By Messrs. Jones and SnowA bill to create a new Senatorial District.

By l\h. vValker of the 18th-
A bill to provide for all gross amounts of money that may be collected b~ any officer of this State to be paid into the treasury.
Mr. Ellis asked unanimous consent to have :-300 copies Senate Bill Ko. 38 printed for the information of the General Assembly mHl the consent was granted.

The following message was receive(l from the House through Mr. Moore, the Clerk thereof:

Mr. President:
The House has read aml adopted the following resolution, to wit:
A resolution extending sympathy to Ron. \V. J. Green of Jones County.

The following message 'vas received from the House through Mr. Moore, the Clerk thereof:

TH-uRSDAY, JuLY :21, 1921.

419

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill creating a new charter for the City of Statesboro.

The following message was receiYed from the House through Mr. Moore, the Clerk thereof:

Mr. President:
The House has read and adopted the following resolution of the Senate, to wit:
A resolution extending sympathy to the Senator from the 48th District, Mr. Peacock.

The following resolutions were read the third time and put upon their passage:

By Mr. \Vohlwencler-
A resolution relieving Dan Odom as surety.
The report of the Committee, which was favorable to the passage of the bill, was agTeed to.
On the passage of the bill the Ayes were 32, Nays 0.
The bill having received the requisite constitutional majority \vas passed.

By Mr. \i\TohlwenderA resolution to relieve A. T. Binns as surety.

420

JouRNAL OF THE SENATE

The report .of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. \Vohlwender-
A resolution relieving Z. A. Brooks as surety.
The report of the Committee, which was favorable to the passage of ~he bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having received the reqnisite constitutional majority was passed.

By Mr. \Vohlwender-
, A resolution relieving J. A. Cox as surety.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution was read and adopted:

B~T Mr. Beckham of Dougherty-
A resolution extending sympathy to Hon. \V. J. Green, of Jones County.

THURSDAY, JULY :21, 1921.

421

The follo"ving bill was read the third time and put upon ifs passage:

By Mr. Manson of the 35th District-
A bill to increase the fees of coroners, constables and jurors.
.The report of the Committee, which was favorable to the passage of the bill, was agree(l to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

The following message was received from the House through Mr. Moore, the Clerk thereof:

M.r. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend the charter of the Cit~ of Brunswick.
A bill to authorize the Gonrnor to set aside rental of the vVestern & Atlantic Railroad.
A bill to amend Section 2167 of the Civil Code of 1910, to entitle women to the Plectin franchise.
The following message was rpceived from the House through Mr. Moore, the Clerk thereof:

4:?2

J OURKAL OF THE SENATE

Mr. President:
The House has passed by the requisit(~ constitutional majority the following bills, to wit:
A bill to amend an Act to incorporate the City of Blakely.
A bill to create a Board of Harbor, Port and Terminal Commissioners for the State of Georgia.
A bill to amend an Act establishing a public school system for the Town of Marshallville.
A bill to amend the charter of the City of Columbus in Muscogee County.
A bill to amend the charter of "Waynesboro in Burke County.
A bill to repeal an Act creating the independE'nt school system of Pineview.
A bill to amend an Act incorporating the City of Clayton.

The following resolution was read and ordered to lay over one day :

By Mr. Collum of the 13th-
A resolution extending to Congressman Crisp onr sincerest thanks for his efforts in behalf of the farmers and land owners of Georgia.
Mr. vVohhvender asked unanimous consrnt that Senate Bill No. 26 be withdrawn from the consideration of the Senate and the consent was granted.
The following House bill was read the first time and referred to Committee.

THURSDAY, JULY 21, 1921.

423

By 'Mr. Singletary of Grady County-
A bill to authorize the Governor to set a apart the rental of the ,V. & A. Railroad.
Referred to the Committee on Appropriations and Finance.
By unanimous consent House Bill No. 216 was recommitted to the Committee on Special Judiciary.
The following House bills were read the first time and referred to Committees:

By Mr. Haddock of EarlyA bill to amend an Act to incorporate the City of
Blakely.
Referred to Committee on Corporations.
By Mr. 'McMichael of MarionA bill to amend Section :2167 of Code of 1910 to
entitle women to the elective franchise.
Referred to Committee on Privileges and Elections.

By Mr. Robinson of Macon-
A bill to amend an Act to establish a public school system for Marshallville.
Referred to Committee on Education.

By Messrs. Perkins, 'Veil and Hatchet of Muscogee-:
A bill to amend charter of City of Columbus.
Referred to Committee on Corporations.

424

JouRNAL OF THE SENATE

By Messrs. Gresham and Mr. Hatcher of BurkeA bill to amend the charter of City of \Vaynes-
boro. Referred to Committee on Corporations.

By Mr. Monroe of wilcox-
A bill to repeal an Act creating independent local school system of Pineview.
Referred to Committee on Education.

By Mr. Bleckley of Rabun-
A bill to amend an Act incorporating City of Clayton.
Referred to Committee on Corporations.

By Mr. Ma1m of GlynnA bill to amend the charter of City of Brunswick. Referred to Committee on Corporations.

The following bills were read the third time and put upon their passage:

By Mr. Monroe of "Wilcox-
A bill to reduce terms of Superior Court in \Viicox County.
Mr. Peacock offered the following amendment:
Amend "by striking the word 'third' in fourth line of the Act and inserting in lieu thereof the word 'fourth,' and by striking the word 'September' in

TH"C'R@AY, .J"C'LY ~1, 1921.
fifth line and inserting in lieu thereof the word 'October.' "
The amendment was adopted.
The report of tlw Committee, which was faYorable to the passage of the bill, was agreed to.
On the passag<' of tlw bill the Ayes were 28, the Nays were 0.
The bill haYing receiwd th<:> requisite constitutional majorit~' was passe(l.
By Floyd Delegation-
A bill to proYitle for holding four terms a year of Floyd Superior Court.
Messrs. Pope of the 44th and Bellah of the 42nd offered the following anwndmeut:
"Amend by striking the words 'Januar~' 1, J922' in the fouith lin<:> of Section One of said Act and inserting in lieu thereof the words 'the passage of this Act.' ''
The amendment was adopted.
The report of the Committee, which was fayorable to the passage of the bill, -..vas agree(l to.
On the passage of the bill the A~<:>s wt>re 28, the Nays were 0.
The bill having recein(l the requisite constitutional majority was passed.
By Mr. -whitley of Douglas-
A bill to repeal Act creating Boarcl of Commissioners of Roads anll Revpnu<'s for Douglas County.

4:26

.JouRXAL OF THE SEXATE

The Committee offerrd the following mmntluwnt:
"Section 2. Be it furtlwr euactetl by tlw authority aforseaid, that this ""\ct shall not go into effect until the .Act creating a County Connnissioners for Douglas County is rntifietl b~~ a Yote of the }H'oplP of Douglas Count~~ as proYill('ll for in Hous< Bill No. 54."
The amendment 1vas <HloptPtl.
The report of tlw CommittPe, which was faYornhle to the passage of the bill, as amen<lPd, was agn'ed to.
On the passage of the bill the "\yes were 40, Nays were 0.
The bill haYing recPin.tl thP requisih constitn. iotnal majorit~' was passe<l.

B~r Mr. whitl('~ of Douglas-
A bill to creat< a. Commissioner of Hoa<ls and Revenues for Douglas County.
The Committee offend the following anwiHlnwnt:
"Section 10. Be it further <'nacte1l by the authority aforesaid, That tlw ( )rdinm~ of Douglas County is h('reby directed to call HH election not lat<>r
than 60 <lays nor less tlum :-w 1la~s from tlw passage
of this Act. At said election if a majorit~~ of tht voters of Danglas Count~ vote for the passag<' of same, then this Act is to become effPctin~. If a majorit) of the vot<>rs YOtP against the passagp of this Act, then the sam<' is not to tak< ('ffect.
"That in said Plection thosp <lesiring to Yot<> in favor of said bill shall place upon thc>ir ballots 'For

TuensDAY, .J-eLY :21, 19:21.

427

the Act creating one Commissimwr of Rmuls and Ren'mws.' Thos(' <l<>siring- to Yote against said bill shall piace upon their bnlloh; 'Against the Act cr<>ating one Commissioner of Roads and R(venues.' "
The amendment was adopted.
Tlw n'JH>rt of the Connnittt>e, which was favorable to the passage of the bill, as muendetl, was agreed to.
On tlw passage of the bill tlw .A~es wPre 41, Nays were 0.
The bill haYing rec(iwd tlw requisite constitutional majority was passe(l.

By Messrs. Parrish and Brannan of Bulloch-
A hill to create a Boarcl of three Commissioners for Bulloch Count~.
The Committee offer<><I the follo"ing amen(lnwnt:
"By striking all of Section 3 of said bill a11<l inserting in lieu tlwreof thP following:
''Section 5. Be it further enacted by the authority aforesaid, That said Board of Commissioners of Roads an(l ReYemws shall select tli.eir own chairman, and shall also select a clerk, who shall give all of his time to said work, an(l shall prescribe the duties of said clerk and fix his salary; provided, however, said Board ma~, if it sees fit, select one of their own members as both chairman ancl clerk and prescribe his duties and fix his salary. Sai<l chairman, shall upon the order of said Board, draw all warrants and become responsible for all funds handled by said Board and said chairman or said chairman and clerk as tlw case ma~ be, before enter-

428

JouRXAL OF THE SEXATE

ing upon his duties, shall give bond in a responsible surety company in the sum of $:20,000 payable to and be approved by the ordinary of said county conditioned on the faithful performance of his duties as hereinprescribed and the premium on said bon<l shall be paid from the funds of said county as allowetl by law.'''
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the Ayes were :28, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent Honse Bill No. 156 was read the second time and recommitted to Committee.

The following Honse bills were read the third time and placed upon their passage:

By Mr. Atkinson of Chatham-
A bill to amend Act revising tlental laws of Georgia.
The report of the Conuuittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were "27, Nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, JULY 21, 1921.

429

By Mr. Kichols of "'Vayne-
A bill to provide for the establishment of five road districts in County of \Vayne.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having received the requisite constitutional majority was passetl.

By Messrs. \Vay aml Folson of Montgomery-
A bill to define who are and who may become members of the midway society in Libe-rty County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having receiwd the requisite constitutional majority was passed.

By Richmond Delegation-
A bill to promoh~ tlw efficiency of the fire department of Augusta, Georgia.
The report of the Conm1ittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

-30

JouRXAL OF THE SEXATE

By Mr. GroYcnstcin of Effingham-
..\ bill to create a Board of Commissioners of
Roads and ReYenues for Effingham Count:'.
The report of the CommitteP, which was fayorable
to the passage of the bill, was agr<>cd to.
On the passage of the bill the ..\yes wcre ~8, Nays 0.
Tlw bill having receind tlw requisite constitutional majority was passed.

By Messrs. Parrish and Brannen of Bulloch-
A bill to abolish Board of one Commissimwr of Bulloch County..
The report of the Committee, which was fayorable to the passage of the bill, was agrPed to.
On tlw 1mssage of tlw bill the A.vcs were 28, Nays 0.
The bill having recein'(l the re(1uisitP constitutiomll majorit:' \\'HS passed.

By l\lr. -Whitworth of Madison-
_.:\ bill to authorize and direct tlw Commissioners
of Roads and Revenues in regan! to certain matters.
The report of the Committee, which was fayorahl<> to the passage of the bill, was agre<>rl to.
On the passage of the bill the ~\.yes wen' 28, Nays 0.
The bill having recein'\l tlw n'quisite constitutional majority was passed.

THrR:-\DAY, .TrLY ~1, 1921.

431

B~ l\fr. -Whitworth of Madison-

A bill to amend an Act incorporating the Ma<lison

Count~ Academy.



Tlw r<'port of the Committe<', whieh was favorabl(' to tlw r~aSSHg'<> of thP bill, WaS agr<'P<1 to.

On the passage of tlw bill the .\~ps W<'l'<' 28, ?\a~s 0.
The bill having rec<:>ind tlw r<:>f!nisitP constitutional majorit~ was passed.

B~ l\ir. Grant of Habersham-
.\ bill to prmide for hol<ling four tenus a ~ear of tlw Superior Court of Habersham Count~.
The report of the Committee, -\\'hich was fnvorabh-. to the passage of the bill, was agrN<l to.
On tlw passage of tlw hill thP ~\ ~<s W<'l'<' 28, Na~s 0.
The bill having receind the reqnisit<' constitutional majorit~- was passed.
B~ Mr. Henderson of \Yhite-
_.:\ bill to repeal an Act creating a Board of Commissioners of Roads awl Revenues for \Yhitf' County.
The report of the C'ommittPP, which was fmorable to the passage of the bill, was agreed to.
On the passage of the bill the ;\~<'s were 28, Nays 0.
The bill having receiwd tlw lW]_uisite constitutional majority was passed.

0

432

JOURXAL OF THE SEN"ATE

By Mr. Henderson of white-
A bill to create a Boanl of Commissioners of 'Roads and Revenues for County of 'Vhite.
The report of the Conm1ittee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the .Ayes were 28, Nays 0.
The bill having receive(l the requisite constitutional majority was passed.

By Mr. Patten of Lanier-
A bill to abolish the office of county treasurer of Lanier County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having receive(l the nquisite constitutional majority was passed.

By Mr. Folsom of Montgomery-
A bill to change the terms of Montgomery Superior Court.
The report of the Committee, v:hie:h was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
Th~ bill having received the requisit( constitutional majority was passed.

0

THURSDAY, JULY 21, 1921.

433

By Mr. "'Williams of Harris-
A. bill to fix the eompensation of the Board of Commissioners of Roads and Revenues of Harris County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the .Ayes were 28, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Chatham Delegation-
A bill to amend Act authorizing ex-officio Judge::; of County of Chatham to hold bi-monthly court.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Mixon of Treutlen-
A bill to prescribe and fix compensation of the treasurer of Trcutlen County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having recehed th<' requisite constitutional majority was passed.

434

,JorRXAL OF THE REXATE

B~ 1\Ir. Hodges of JiJnms-
A bill to amend an ..:\ct creating a Bmml of Commissioners of Roads ancl ReYemws for JiJyans County.
The report of the Committe<', which was favorablE' to the passage of tlw hill, was agreed to.
On the passage of the bill the ..:\ ~es were 28, Nays 0.
Th<' bill luning receive<l the. requisitP constitutional majority was passPd.
Mr. Manson askNl unanimous consent that Senate Bill Ko. !H be recommitted to the Committee on Pensions ancl the consent was granted.
Mr. Pope aske<l unanimous consent that the Senate reconsidPr its action in passing Renate Bill K o. 59 aiHl the consent was granted.
Mr. Pope then aske<l unanimous consent that Senate Bill No.5~) be withdrawn from the consideration of the Senate an<l the cons<>nt was granted.

The following bill was l'L'<Hl the third time an<l placed upon its passage:

B.v Mr. Moore of Fulton..:\ bill to amend an Act creating a new charter for
the City of Atlanta.
l\fr. Manson offered tlw following amendment:
Amendment to an ..:\ct amen<ling an Act establishing a new charter for the City of Atlanta, approyefl

THl:R@AY, .JrLY 21, Ht~l.

February :!8th, 1874, and for other purpmws, now pending.

By Mr. Manson-

Be

it

enacte<l

bY ~

the

authoritY'

of

the

General

As-

sembly that the bill, haYing the aboYc titl<>, be

amended by adcling thereto the follm,ing-:

Section 1-.A. ZoxiXG HEGl:LATIOxs. The l\fa~or and General Council may in the interPst of the public health, safety, order, conveniencP, comfort, prosperity or ge1wral welfare, cHlopt by ordinance a plan
or plans for the districting or zoning of tlw city for the purpose or regulating- the location of tnules, industries, apartment houses, dwt>llings or other us<>s of property, or for the purpose of n'gnlating thr height of buildings or other structnr<>s or the area or dimensions of the lots or of the ~anls use<l in connection with buildings or other structures, or for the purpose of regulating tlw alignnwnt of bnil!lings or other structures near stre('t frontag<'S. The zoning regulations may be based upon an~ one or more of the purposes above deserihe<L Tlw cit~ ma~ be divided into such number of zmws or <listricts and such districts may h<' of such shape and art'a as the Mayor and Gmeral Council shall <1el'm best suite<1 to accomplish the purposPs of tlu zoning r<gulations. In the determination an<1 estahlislmwnt of <listricts and regulations, classifications may be based on the nature or character of the trade, in<lnstry, profession or other activit~ conduchd or to be conductecl upon the premises, the number of persons, families or other group units to reside in or use buildings, the public, quasi-public or prinlte nature of the use of

436

JouRNAL m' THE SEXATE

premises or upon any other basis or bases relevant
to the promotion of the public health, safety, onler, morals, convenience, prosperity or welfare.
Section 1-B. Residence Sections. For the reasons abo\Te stated, said Mayor an<l General Council shall have the further right and pow('r in any districts proposed to be set asi<le primaril~ for residence purposes to further classify the use thereof and the class or classes of residents to be housed therein ancl to provide therein such other and similar regulations and restrictions as shall secure the peace an<l good order of the city and the resiclents thereof. Ko such ordinance or amendment thereto authorized by either of the above sections shall be adoptecl except by three-fourths vote of the General Council.
Section 1-C. Preparation of Plan; Notice and Hearing; Ordinance. No ordinance adopting zoning regulations as above authorized shall he passed by the Mayor and General Council until after a comprehensive plan for the zoning of the city has been prepared and submitted to the Mayor and General Council by the City Planning Commission. whenever the City Planning Commission shall certify to the Mayor and General Council a plan for the zoning of the city, the Mayor and Gen<>ral Council shal1 hold a public hearing thereon and shall giw thirty days' notice of the time and place thereof in a newspaper of general circulation in the city; aml <luring said thirty clays, a copy of such plan and proposed ordinance shall be on file for public examination in the office of the City Planning Commission or any such other office as may be desig"llatecl b~r the Mayor and General Council. No ordinance, measure of

THURSDAY; JuLY 21, 1921.

437

regulation which violates, differs or departs from the plan or report submitted by the City Planning Commission shall take effect unless passed by a threefourths vote of the Mayor aml General Council.
Section 1-D. Amendment of Zone Plan. The Mayor and General Council may from time to time amend or change the regulations or districts established by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submithd to the City Planning Commission for approval or disapproval, and the City Planning Commission shall have been allowed a reasonable time, not less than thirt~r da~-s, for con.sideration and report. \henever the owners of 50% of the land in an~' area shall present a petition duly signed an<l acknowledged to the Mayor and General Council requesting an amendment of the regulations prescribed for such area, it shall be the duty of the Mayor an<l General Council to vote upon such amendn1nt within 90 days of the filing of same by the petitioners with the City Clerk.
Section 1-E. Board of Zoning Appeals. The zoning regulations shall be enforced and administered by the inspector of buildings under the rules an<l regulations of the board of zoning appeals. The Mayor and General Council shall create a board of zoning appeals, which board shall hear and decide appeals from and review any order, requirement, <lecision or determination made by the inspector of buildings in the enforcement of the zoning regulations. The Mayor and General Council may authorize the board of zoning appeals to aclminister

4iJ8

JorRNAL OF THE SEXATE

the details of the application of an~' zoni11g regulations and may delegate to such board in accordance with general rules set forth in the zoning ordinance, power to permit exceptions to and Yatiations from the zoning regulations and to administer the zoning regulations as specifie<l therPin i 01' SUCh administrative powers and functions may be <lelegate<l b~' the Mayor and GenPral Council <'itlwr in "hole or in part to the City Planning Commission, an<l thP City Planning Commission when acting in accordance with such delegation shall be the boanl of zoning appeals.
section 1-F. Certiorari to ReYiew DPcision of Board of Zoning Appeals. Ewry decision of the boar<l of zoning appeals shall b<' subject to writ of certiorari issued from the sup0rior court upon the same terms as such writs are issued in any cas<'.
S<ction 1-G. That the Mayor and G0neral Council of the Qity of Atlanta are h<>r<'b~ authorizPd and empowerP<l to acquire laml for strP<'t purpost>s, either in widening existing streets or Pxten<ling existing streets or opening new stre('ts an<l to assPss all or any part of the cost of obtaining same upon propert~ locate<l in an assessmf'nt district thf'rf'for in proportion to the benefits to the lan<llocate<l therein. Before undertaking to create a district, for the purposes named the Council shall appoint tlw committee on streets as viewers of tlw proposed improyement and of the land affected thPr<'b~. This committee, after viewing same, shall indicate to the chief of construction the laml that will b<> affecte<r b~ the opening of the street or portion of street. Said chief or his assistants shall make a map of all such land and submit same to this committee who shall g-o onr the

THUR:o;DAY, JL"LY ~1, 1921.

439

map and make such changes therein as, in their judgment, shall include all lall<l that.is benefittc<l, b~- tlw proposed improvement, or omit therefrom any land which, in their judgment, is not benE'fited b~- the prop-
osed improvenwnt, exct>pt as herein after provi<le<l.
when this map has bet>n perfecte<l same shall be re-
ported back to Council an<l an ordinance a<lopt('d establishing a taxing district for the wi<lening, opening, or extension of the nmned strePt, and for tlw assessment of all or ml~' part of the cost thereof by the viewers designate<l tlwrein upon the lmHl in such taxing district in proportion to the lwnPfits ther0to; provided,, however, that before an~- or<linancP is adopted to widen or open or exh1Hl a street an<l the adoption of the taxing district tlwr<'for, tlw owners of propert~, within such propose<l taxing district, shall be invited b~- lPttl'r deposite<l to their last known acl<lress in the rnitP<l Rtatps mail at lPnst fin days before thP time of defininQ," or fixing the taxing district and provi<ling for the improwmPnt. ~\ t such time the conunith>e on streets shall han a nweting and give all parties intPrestecl and "ho nu1~ <lesire to be heard an opportunity to appear and oppose or favor the proposed imprownwnt. .\ft<>r the Mayor and General Council, on report of this committe<' finally adopts an onlinance establishing a taxing <listrict, for the propos<'d improvenwnt, ;-md Jnoviding for the improvement, mul same is not stopp<><l b~ injunction or otlwr legal proc<'Ss, then the ownPrs of property within such ta~ing- district shall be concluded from further obj0ction therdo either as to the form in which the work has bePn <lone or the map made or any other technicality connectr<l thPrewith.

440

JouRXAL m' THE SEXATE

Section 1-H. If any property owner, within such taxing clistrict, shall fail to pay the assessment on his property for such improvement then the clerk of council shall issue a fi. fa. against said property and the owner thereof for the amount of the assessment and same shall be placed in the hands of the city marshal.aml collecte<l in the same manner and form as otlwr executions for taxes are collected.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 47, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
Mr. Manson asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted.

The following bill was read the third time and taken up for consideration:

By Mr. MansonA bill to create the officP of State Auditor.
The Committee offered the following substitute:
The substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.

THL"R:-mAY, JuLY ~1, 1921.

-!41

On the passage of the bill the Ayes were 30, the Nays were 0.
The bill haYing receiYed the requisite constitutional majority was passed.
Mr. Manson asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted.

The following bill was read the third time and taken up for consideration.

By Messrs. \Veaver and Akin-
~-t bill to permit all corporations heretofore or hereafter incorporated by the Secretary of Statf' of this State, except insurance, banking and trust companies to increase their capital stock hy this issuance of non par stock.
Mr. Thomas moYed that the bill be tabled and the motion prevailed.
Mr. Kix arose to a point of personal privilege and spoke at length with reference to certain articles found in today's ~\tlanta Constitution in re to the action of the Senate on yesterday in regard to the tax assessment bill.
Mr. \Vomble rose to a question of personal priYi-
lege.
Mr. Mills rose to a question of personal privilege.
Mr. Johns rose to a question of personal privilege.
Mr. Jackson rose to a question of personal privilege.

442

JouRXAL OF THE SEXATE

Mr. Collum rose to a question of personal vriYilege.
The hour of one o'clock haYing arriYcd the President instructed the Committee appointP<l to act under Senate Resolution No. 37 to escort the Hon. \:V. B. Greely, Chief Forester of the "Cnite<l States and the Hon. Gifford Pinchot, of P<>lms~lyania, to the President's chair.
Mr. Jackson moYe<l that a rising \ott of thanks be given to the Hon. Gifford Pinchot and tlw motion prevailed.
Mr. Jackson 1110H'<1 that a risi11g Yote of thanks be given to the Hon. \Y. B. Greely m11l tlH motion prevailed.
The hour of one-thirty o'clock luning a rriYP<l the President the Senate adjounw<l until 10 o'clock tomorrow mornmg.

F'mD:\Y, .TeLY ~2, 1921.

44:1

SEXATE CHA::\IBER, ATLAXTA, GA.
July 22, 1921.
The Senate met pursmmt to adjournment at 10 o'clock A . .:\I., and was called to order h~- the President.
Prayer '\Yas offered b~- the Chaplain.
B~ unanimous consent, the call of the roll was clispe~lSed with .
.:\Ir. Mills, Vice-Chairman of the Committee on Journals, reported that the journal of ~estercla~ 's proceedings had been examined and found to he correct.
By unanimous consent, the reading of the journal of ~esterda~ 's proceedings was dispensed with.
}[r. Akin asked unanimous consent that all Senators ha,ing hills to introduce be allowed to do so at this time, and the consent was granted.
The following Senate bills were read the first time and referred to Committees:
B~ Mr. \Yohlwender of the 24thA bill to permit mutual fire insurance companies
to issue an<l sell surplus fun<l or guarantee fun(1 certificates and providing how such fund shall he used and such certificate shall be paid.
Referred to Committee on Insurance.

444

JouR~AL OF THE SEXATE

By ~Ir. Pope of the 44th-
A bill to amend Section 2 of an Act to prohibit the manufacture and sale of fertilizers in the State of Georgia. containing any pyrites, cinders, coal cinders, etc.
Referred to Committee of Agriculture.

B~ )Ir. \Yall of the 5th-
A bill to proYide the time within which railroad companies operating railroads in Georgia shall make settlement when liable for damages to liv(' stock caused by trains, engines, etc.
RefNred to Committee on Railroads.

By Mr. Akin of the 4th-
A bill to amend the charter of tho City of Brunswick.
Referred to Committee on Corporations.

The following bills were introduced, read the first time and referred to Committe<'s:

By Mr. Clay and Mr. David-
A bill to reorganize and reconstitute tlw State Highway Department of Georgia, and to prcsrribe duties and powers thereof to create a system of State aid roads.
Referred to Committee on Public Roads.

By ~fr. Clay of 39thA bill to repeal an Act creating a Board of Com-

};,RID.-\1 1 JlJLY 22, 1921.

44-5

missioners of Roads and Revenues for Cobb County, prescribing their duties.
Referred to Committee on Corporations.

By :Jir. Akin of 4th-
_.\_ bill to am<'Il<l an Act to consoli<lat<' and amend an Aet to r<:>gulate public im;trurtion in Glynn County.
Referred to Committee on CorporationH.

By Messrs. Boykin, l\Ianson, \Vohlwender, Hutchens-
A bill to substitute a State Board of Regents in lieu of Board of Trustees for "Cniversity of Georgia.
Referred to Committee on Uninrsity of Georgia.

The following message _was receincl from the House, through l\fr. Moore, the Clerk thereof:

Mr. President :
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend Sec. 1249 of Vol. 1 of Code of 1910, relative to State depositories, with application to the Town of Alma.
A bill to amend an Act to create a IWW charter for the City of Albany.
A bill to amend Sec. 1249 of Yol. 1 of Code of 1910, relative to State depositories, with application to Town of Alston.

446

JOURNAL OF THE SENATE

The following message was received from the House, through ~fr. Moore, the Clerk thereof:

JJ1r. President :
The House has read and adopted the following resolution, to wit:
A resolution providing for the appointment of three members from the House and two from the Senate to recommeml salary for State officials mcluding- m<>mh<'rs of the Grnrral _.\ ssembl~.

The following message was recciYed from the House, through ::\fr. Moore, the Clerk thereof:
Mr. President :
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend an Act known as the Georgia ~Io tor Vehicle Law, relative to sale of motor tags.
A bill to amend an Act putting the Solicitor-General of the Atlantic Circuit on a salary.
A bill to amend an Act creating the Ogeechee Circuit.
A bill to create thG City Court of Cleveland in the County of white.
A bill to amend Section 1249, Vol. 1 of Code of 1910, to provide for State depositories, with application to the Town of Ellija~-.

The following bills were read the first time and referred to Committees:

FRIDAY, Jc-LY :22, 1921.

447

By .Jir. DaYis of Oglethorpe, and othersA bill to amend Act known as Georgia Motor Vc-
hicle Law relative to sale of tags. Referred to the Committee on Appropriations
and Finance.
By 1\fr. Grovenstein of EffinghamA bill to amend an Act putting Solicitor-General
of the Atlantic Circuit on a salary.
Referred to the Committee on Special Judiciary.

By 1\fr. Penland of GilmerA bill to make a State depository nt Ellijay, Ga. Referred to the Committee on Banks and Bank-
mg.
By .Jir. Sibley of BaconA bill providing for the selection by the Governor
of banks in certain cities and towns therein named as State depositories.
Referred to the Committee on Banks and Bankmg.
By 1\Ir. Beckham of DoughertyA bill to amend Act creating a new charter for
Albany. Referred to the Committee on Corporations.
By ~fr. Henderson of "WhiteA bill to create the City Court of Cleveland. Referred to the Committee on Special Judiciary.

448

JouRxAL m THE SEXATE

By Mr. Folsom of Montgomery-
A bill providing for the selection b~' the Gonrnor of banks in certain cities and towns therein named as State. depositories.
Referred to the Committee on Banks and Banking.

By }[r. Gronnstcin of Effingham-
A bill to amend an Art creating the Ogccclwc Circuit.
Referred to the Committee on Special Judician.

By }[cssrs. Lankford of Toomhs, and Corhett of .Atkinson-
A resolution to provide for an innstig-ation of the offices of all State offi<'ials and members of Gtucral Assembly, making recommendations of salary.
Referred to the Committee on Amendments to the Constitution.

~Ir. Kimzey, Chainwm of the Committee on Public Printing, submitted the following report:

Jfr. Prrsident:
Your Committee on Puhlie Building has had under consicleration the followiug hills of the Se11ate and instructed. me, as their Chainnan, to report the same back to the Senate, with the recommendation that the same do pass, to wit:
Senate Bill N"o. 53.
Respe<'tfull~ submitted,
SAl\-r KIMZEY, Chairman.

F'RIDAY1 ,JULY 22, 1921.

449

l\fr. l\fills, Chairman of the Committee on Agriculture, submitted the following report:

J.l11". President:
Your Committee on Agriculture has had under consideration the followings bills of the Senate and House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill K o. 156, to create a Board of Harbor, Port and Terminal Commissioners.
Senate Bill No. 101, Mills and \Yeaver, marketing.
Senate Billl\o. 125, Ellis, Georgia State Board of Forestry.
Respectfully submitted,
MILLs, Chairman.

:Mr. Golucke, 19th, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 27, to amend City Court of Thomasville.
House Bill 46, to amend Acts creating City Court of Metter.

450

JouRNAL OE' THE SENATE

House Bill 25!, to amend Act establishing Cit~ Court of Camilla.
GoL"C"CKE, Chairman.

~fr. Jackson, 21st, Chairman of the Committee on Privileges and Ilcctions, submitted the following report:

Mr. President:

Your Committee on Privileges and Elections ha:> had under consideration the following bill of the Senate and instructed me, as their Chairman, to rcport the same back to the Senate with the recommendation that the same do pass, to wit:

Xo. 4.

Respectfully submitted,

JAt:;I{SON, Chairman.

1\Ir. Cone of the 49th, Vice-Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations has had under consideration the following bill of the House and instructed me as their Vice-Chairman to report the same back to the Senate with the recommendation that the same do pass, to wit:
143. A bill to amend Act creating lie\\' charter for City of Sylvester.
Respectfully submitted,
HowELL CoxE, Vice-Chairman.

FRIDAY, JULY 22, 1921.

451

Mr. Jones of 37th, Chairman of the Committee on Corporations, submitted the following report:

11!1. President:
Your Committee on Corporations has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the rerommendation that the same do pass, to wit:
Senate Bill No. 128.
Respectfull~ submitted,
JoHx JoxEs, Chairman.

~Ir. Lassiter, Chairman of the Committee on General Judiciary Xo. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bill No. 117.
Respectfully submitted,
LASSITER, Chairman.

Mr. Richards, Chairman of the Committee on County and County Matters, submitted the following report :

452

JouRNAL oF THE SEXATE

Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bill No. 112. House Bill No. 291. House Bill No. 76. House Bill No. 7'7. House Bill No. 315. House Bill No. 302. House Bill No. 250. House Bill No. 309.
Respectfull~~ submitted, RICHARDs, Chairman.

.:\Ir. \Vall, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. P'resident:
Your Committee on Banks and Banking has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to wit:
House Bill No. 131.
Respectfully submitted,
DAN \YALL, Chairman.

FRIDAY, JULY 22, 1921.

4

~)
<Ju

Mr. Pres-ident:
Your Committee on Agriculture have had under consideration Senate Resolution No. 9, by Mr. Brown of the 50th District, relative to the investigation of the office of Commissioner of Agriculture and the department under his jurisdiction.
Your Committee, through its Chairman and Seeretary, notified in writing the author of this resolution, together with the Commissioner of Agriculture, and requested that both be present at the hearing of this resolution set for a hearing at the regular meeting of this Committee on .July 20th.
The author of the resolution did not appear, nor did he furnish any evidence to sustain the charges set forth in the resolution and made on the floor of the Senate. The Commissioner of Agriculture, Hon. J. J. Brown, responded to the notice served upon him and appeared to defend the charges made against him.
K o evidence having been submitted to sustain said charges, and there being nothing for ~'our Committee to base any action upon, further than to make report back to the Senate on the resolution as sent to your Committee;
'Ye, therefore, respectfu1l~ report the resolution back to the Senate with this information, and recommend that no investigatinp: committee he ap~ pointed and no further action he taken thrreon, and that the same do not pass.
Respectfully submitted,
J. H. MrLLS, Chairman.
E. ,V. CHILDS, Secretary.

454

.Jourr:N'AL oF THE SENATE

The following bills, favorably reported, were read the second time :

By Mr. Fleming of lOth-
A bill to enable electors absent form home to vote wherever they arc on election day.

By l\1r. :\fanson of 35th-
A bill to make it unlawful to use any statement in advertising which is untrue.

By Messrs. Mills and \Veaver-
A bill to promote the intelligence and orderly marketing of agricultural products to eliminate speculation and waste.

By ~Ir. Pope-
A bill to amend Act abolishing the Board of Roads and Revenues for \Yalker County.

By ~Ir. \illiamsA bill to establish the City Court of Fitzg-<>rald.

By Mr. Ellis-
A bill creating au investigative committee to be known as "The Georgia State Board of Forestry."

By Mr. Manson-
A bill to regulate the sub-dividing of la11ds in cities and counties.

FRIDAY, J-cLY 22, 1921.

455

By Mr. way of Liberty-

A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Liberty County.

By Mr. Brantley of Pierce-
A bill to create the office of Commissioner of Roads and Revenues of Pierce County.

By :.\1r. Reagan of HenryA bill to provide for the election of Treasurer of
Henry County.
By ~1r. Cowart of CalhounA bill to amend Code relative to selection of State
depositories by the Governor.

By Mr. Clarke of \Vebster-
A bill to create office of County Treasurer for \Vebster County.

By Mr. Carswell of \Yilkinson-
.A bill to amend an Act creating a Board of Roads and Revenues for County of 'Yilkinson.

By Mr. Reagan of HenryA bill repealing an Act abolishing the County
Treasurer's office of Henry County.
By_ Mr. Brantley of PierceA bill to repeal an Act creating a Board of Com-
missioners for Pierce County.

456

.JouR::->AL oF THE SEXATE

By Mr. Mayo of Mitchell-
A bill to amend an Act establishing- the City Court of Camilla.

By Mr. 1\-Iiles of CandlerA bill to amend an Act creating the Cit~' Court
of Metter.
By .:\Iessrs. ).lcintyre and Jones of ThomasA bill to amend Act creating City Court of Thom-
asville.
The following- resolution was read the third time and taken up for consideration:

By .:\Ir. Culpepper of Fayette-
A resolution appropriating $75.00 for employment of a stenog-rapher to do tax work.
The report of the Committee, which was faYorable to the passage of the resolution, was agreed to.
The resolution inYolving an appropriation, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs.:

Akin, L. R.
Bellah, J. M.
Bond, Chas. N. Boykin, James H. Cone, Howell David, A. B. Ellis,. R. C. Fleming, Denis
Fleming, w. 0.
Hunt, T. M.
Hutchins, H. C.

Johns, G. A.
Jones, John H. Jones, 0. K. Kimzey, Sam
.Manson, Frank c.
Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Rountree, J. L. Sheffield, R. H.

Stovall, E. B. Ta~rpley, R. 0. Ta~ylor, Geo. W. Thomas, James R.
Thorpe, E. M.
Wall, Dan Weaver, J. D. Williams, Wiley. Wohlwender, Ed

FRIDAY, .JrLY 22, 1921.

457

Those not Yoting were Messrs. :

Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Colson, 1..1. C. Davison, J. E. Foy, John E.

Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Jackson, J. B. Lassiter, W. H. Mills, .T. H.

Richards, Will Ridley, Dr. C. L. Snow, Russell E. Walker, B. F. Womble, M. D. Jfr. President

On the passage of the> rc>solution the .i\.ycs wc>re 31, the 1\ays were 0.
The resolution haYing rcceiYecl the requisite con. stitutional majority was passed.
The following bills were read the third time and placed upon their passage:
By Mr. SnowA bill to permit freight trains on the Sabbath. The report of the Committee, which was fa,or
able to the passage of the bill, was agreed to. On the passage of the bill the .Ayes were 40,
~ays 0. The bill having received the requisite constitu-
tional majority was passed.
By Mr. \Vimherl~ of LaurensA bill to regulate compensation of cfficial court re-
porters in certain counties. The report of the Committee>, whi~h was fayor-
able to the passage of the hill, was agreed to.

458

JorRXAL oF THE SEXATE

On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority "as passed.

By Fulton Delegation-
A bill to amend Section 4809 of Civil Code of 1910 relatin to time for appeals.
The report of the Committee, which was f<n-orable to the passage of the hill, was agreed to.
On the passage of the bill the A~es were ~~, Xa~s 0.
The bill having recei,ed the requisite constitutional majority was passed.
By ~Ir. \Vebb of Lowndes-
A bill to regulate the statistics of leaf tobacco.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were 27, ~ays 0.
The bill having receincl the requisite constitutiona~ majority was passed.
By ~Ir. Hollingsworth-
A bill to provide for payment by counties ha,ing certain population, of actual cost incurred in Superior and City Courts for the trial and conviction.
The report of the Committee, which was favorable to the passage of the bill, \\"as agreed to.

459
On the passage of the bill the Ayes were 41, Xays 0.
The bill having received the requisite constitutional majority was passed.
~lr. Hollingsworth asked unanimous consent that Senate Bill 114 be immediately transmitted to the House, and the consent was granted.
By J.Ir. Foy of Taylor-
A bill to change the time of holding Superior Court in Taylor County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.
By .Mr. Ison of \Yorth-
..,<\. bill to amend Act creating new charter for City of Sylvester.
The report of the Committee, which was favorable to the passage of the bill, was agieed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

460

JoB"RXAL OF THE SEXATE

By Mr. Collum-
A bill to amend Act establishing- and maintaining one or more schools in each county.
The report of the Committee, which was favorable to tho passage of tho bill, was agreed to.
On the passage of the bill the Ayes were 31, Nays 0.
.The bill having received the requisite constitutional majority was passed.
::\Ir. Collum asked unanimous consent that the hill be immediately transmitted to the House, and the consent was granted.

By :Mr. \Vohlwonder-
A bill to amend Code of Georgia relative to ineorporation of interurban railroads.
Tho report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 2G, ~ays 0.
Tho bill having received the -requisite coustitutional majority was passed.
The following bill was read the third time and taken up for consideration:

By :\Ir. Boykin-
A bill to provide for the exercise of the elective franchise by females.

Tho Committee offered the following substitute:

FRIDAY, JuLY 22, 1921.

461

SUBSTITUTE FOR SEKATE BILL KO. 72. A BILl./
To be entitled an Act to repeal Section 2167 of the Civil Code of Georgia of 1910 and to substitute therefor the language herein provided.
Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That Section 2167 of the Civil Code of Georgia of 1910, which is in the following lauguage:
"2167. (No. 1910) Females. Females are not entitled to the privilege of the elective franchise, nor can they hold any civil office, or perform any civil functions, unless specially authorized by law, nor are they required to discharge any military, jury, police, patrol or road duty. Provided, noth-. ing contained herein shall prevent a woman, a resident of the State four years, and who has attained the age of twenty-one years, from being eligible to the position or office of State Librarian by appointment by the Governor, under the privisions of force regulating appointment by the Governor. A woman is eligible to the office of assistant physician at the Georgia State Sanitarium; and females, residents of the count~ for four years preceding, may be appointed to hold an~ office in the children's courts,'' be and the same is hereby repealed.
Sec. 2. Be it further enacted by the authority aforesaid, That in lieu of said section the following shall be and is hereby adopted, and shall be known and numbered as Section 2167 of the Civil

462

JouRxAL oF THE SExATE

Code of Georgia, from and after the passage of this Act, to wit:
"Sec. 2167. Females. Females are entitled to the privilege of the elective franchise, to hold any civil office or perform any civil functions in as full and complete a manner as the same can be enjoyed by any male citizen of this State; provided, however, females shall not be liable to discharge any military, jury, police, patrol or road duty.''
Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same arc, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the Ayes were 35, the Nays were 4.
The bill having received the requisite constitutional majority was passed.
Mr. Boykin asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

The following bill was read the third time and taken up for consideration:

By Mr. Childs-
A bill to establish Boards of Education under th(} county unit plan.

FRIDAY, .JULY 22, 1921.

463

l\fr. "\Yohlwender moved that the Senate do now adjourn until Monday morning at 11 o'clock, and the motion prevailed.
Senate Bill No. 29 was automatically carried over as unfinished business.
The President announced the Senate adjourned until :Monday morning at 11 o'clock.

464

.Jol:RXAL oF THE SEXATE

SENATE CHAMBER, ATLANTA, GA.
July 25th, 1921.
The Senate met pursuant to adjournment at 11 o'clock A. ~I., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
~Ir. Foy, Chairman of the Committee on Journals, reported that the journal of Friday's proeeedings had been examined and found to be correct.
By unanimous consent, the reading of the journal of Friday's proceedings was dispensed with.
Mr. Jones of the 37th asked unanimous consent that he be allowed to introduce a resolution at this time, and the consent was granted.
The following resolution was introduced, read the first time and referred to Committee:
By Mr. Jones of 37thA resolution relative to expediting business of the
General Assembly. Referred to the Committee on Rules.
Mr. Ellis asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time, and the consent was granted.

l\foxDAY, JULY 25, 1921.

465

The following bills were introduced, read the first time and referred to Committees:

. By )Ir. J olms-
A bill providing that all mortgages, etc., shall be recorded within ten days after execution thereof.
Referred to Committee on General Judiciary No. 1.

By .Jir. Akin and )fr. Ellis-
A bill to authorize the valuation of bonds and other securities owned b~, life insurance companies.
Referred to the Committee on Insurance.

By Mr. Akin and Mr. EllisA bill to define group insurance. Referred to the Committee on Insurance.

By 1\Ir. Johns-
A bill to designate a day in each school year as Temperance Day.
Referred to the Committee on Temperance.

By )Ir. Akin-
A bill to regulate the practice of professional nursing in Georgia.
Referred to the Committee on Hygiene and Sanitation.

466

JouRNAL OF THE SE~ATE

By }fr. Bond-
A bill to prohibit the dumping of sewage m any stream which is a source of water supply.
Referred to the Committee on Hygiene and Sanitation.

By ::\fr. Golucke-
A bill to amend Section 82 of Code relative to ''Secretary of State.''
Referred to the Committee on Privileges and Elections.

By Mr. Golucke-
A bill to amend an Act providing for returns of election for State Treasurer, Comptroller-General and other State house officials.
Referred to the Committee on Privileges and Elections.

By Mr. Thomas-
A bill to provide for appointment of administrators under certain circumstances.
Referred to the Committee on Special Judiciary.

Mr. Taylor, Chairman of the Committee on Drainage, submitted the following report:

M1. President:
Your Committee on Drainage has had under consideration the following bills of the House and in-

MoNDAY, JuLY 25, 1921.

467

structed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill .No. 36.
Respectfully submitted,
TAYLOR, Chairman.

.Mr. Childs, Chairman of the Committee on Education, submitted the following report:

1l'lr. President:
Your Committee on Education has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill 257, to amend charter of Marshallville.
House Bill 333, to repeal Act creating local system of schools, Pineview.
Respectfully submitted,
E. ,V. CHILDS, Chairman.

Mr. Golucke, 19th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and instructed me, as their Chairman, to report the

468

JouRXAL OJ<' THE SEXATE

same back to the Senate with the recomnH.'nd~\tion that the same do pass, to wit:
A bill to repeal Act establishing the fee systlm now existing in the Superior Court of the Albany judicial circuit.
A bill to create the Cit~' Court of Cleveland.
GoLUCKE, Chairman.

:J!r. Jones (37th), Chairman of the Committee on Corporations, submitted the following report:

1l1r. President:
Your Committee on Corporations has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bills Nos. 123, 134.
JoNEs (37th), Chairman.

The following bills, favorably reported, were read the second time :
By Mr. Vocelle of CamdenA bill creating a Commission known as the Geor-
w aig State Canal and aterwa~- Commission.

By Mr. Robinson of Macon-
A bill to amend an Act establishing a public school system for the Town of Marshallville, Georgia.

MoxDAY, JuLY 25, 1921.

469

By l\fr. :Mayo of ~fitchell, et al-
A bill to repeal the Act establishing the fee system now existing in the Superior Court of the Albany judicial circuit.

By l\fr. Henderson of whiteA hill to create City Court of CleYeland.

By l\fr. ::\[onroe of 'Vilcox-
.A bill to repeal an Act ereatjng the independent local school system of Pineview.

By ~Ir. Clay-
A bill to authorize the City of l\farictta to submit to the vot('rS of said City whether or not bonds shall be issued not to exceed $12,000.00 for the purpose of extending sewerage system in said City.

By ::\fr. Clay-
A bill to repeal an Act ereating a Board of Commissioners of Roads and Revenues for Cobb County.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

jlir. President.:
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill to fix amount of commutation tax for road work in Hall County.

470

JouRN"AL OF THE SENATE

A; bill to amend an Act establishing the City Court of Jessup.
A bill to amend an ,Act establishing the City Court of Reidsville.

The following message was received from the House, through .Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to create Board of Roads and Revenu<'s for the County of Montgomery.
A bill to amend Act incorporating Town of Cumming, in County of Forsyth.
A bill to create special Board of Commissioners in County of Cherokee.
A bill to authorize Commissioners of Catoosa
County to construct public road across vV. and A.
railroad.
A bill to repeal Act dividing City of ~'orsyth into six wards.
A bill to amend Act with reference to Solicitor of City Court of Baxley, Appling County.

The following message was received from the House, through 1\Ir. Moor<', the Clerk thereof:

Jf.r. President:
The House has passed by the requisite constitutional majority the following bills, to wit:

Mo~DAY, JuLY 25, 1921.

471

A bill authorizing the county authorities of Tur-
ner County to pay Clerk and Sheriff the costs in
criminal cases.
A bill to provide that anjT municipality having population of 150,000 or more can incur bonded debt for street improvements.
A bill to create the City Court of Crawfordsville.
A bill creating and establishing new charter for City of Boston.
A bill to amend Sections 445 to 451 of Code of 1910 relating to validation of bonds, issued by counties, municipalities and dhisions.
A bill to amend an Act to incorporate Town of Aldora, Pike County, by providing for appointment of Commissioners.

The following message was received from the HousE.', through .:\fr. l\foore, the Clerk thereof:

Mr. Presidetd:
The House has passed by the requisite constitutional majorit~- the following bills, to wit:
A bill to prevent people living in militia districts of no-fence law from voting for no fence.
A bill to repeal Act to incorporate Inman school district in Fayette County.
A bill to amend Section 1899 of Code of Georgia, 1910, relative to pilots to the point of St. Mary's.
The following House bills were read the first time and referred to Committees:

472

J OURXAL (H' THE SEXATE

By ::\Ir. Jones of Thomas-
A bill to establish a charter for the Cit~ of Boston.
Referred to the Committee Oil Corporations.

By Fulton Delegation-
A bill to proYide that an~ cit~ ha,ing a population of 150,000 or more can incur bonded debts for street improvement.
Referred to the Committee on Corporations.

By Fulton Delegation-
A bill to amend Code relatiYe to street nnprovements.
~eferred to the Committee on General .Tudieiary No.1.

By l\Ir. Brauch of Turner-
A bill to authorize the authorities of Turner County to pay Clerk and Sheriff of Superior Court.
Referred to the Committee on Special Judiciary.

B~r 7\fr. Fo~ of Taylor-
A bill to prevent people who lin: in a militia district that has no-fence law from voting in an~ county election for no fence held in such county.
Referred to the Committee on Agriculture.

By 1\fr. Bird of TaliaferroA bill to create City Court of Crawfordsville. Referred to the Committee Oil Special Judiciary.

MoxDAY, JL'LY 25, 1921.

473

By :Mr. Moore of Appling-
A bill to amend Act with reference to the Solicitor of City Court of Baxley.
Referred to the Committee on Special .Judiciary.

By l\Ir. Yocelle of Camden-
A bill to amend political code relative to pilots for port of St. ~Iary's:
Referred to the Committee on Special Judiciary.

By i\Ir. Rutherford of Monroe-
A bill to repeal an Act dividing the City of Forsyth into six wards.
Referred to the Committee on Corporations.

By Mr. Collins of Cherokee-
A bill to create a special Board of Commissioners in Cherokee County to be known as the Xew Court House Commissioners of Cherokee County.
Referred to the Committee on Counties and County 1\fatters.

By 2\Ir. Hullender of Catoosa-
A bill to authorize the Board of Commissioners of Roads and Revenues of Catoosa County to construct a road across State property.
Referred to the Committee on Railroads.

474

JouR~AL OI<' THE SE~ATE

By ~Ir. Howard of Forsyth-
A bill to amend an Act incorporating the Town of Cumming.
Referred to the Committee on Corporations.

By ~Ir. Folsom of l\Iontgomery-
A bill to create a Board of Commissioners of Roads and Revenues for the County of Montp;omery.
Referred to the Committee on Counties and County Matters.

By :Jir. Culpepper of FayetteA bill to repeal au Act incorporating the Inman
school disctrict.
Referred to the Committee on Education.

By ~[r. Bush of Lamar CountyA bill ~o amend an Act incorporating the Town
of Aldora.
Referred to the Committee on Corporations.

The followinp; bills were read the third time and placed upon their passage:

By Mr. :Manson of 35th-
A bill to provide that in counties having 200,000 inhabitants or more, the recording of plats, and subdividing of lands shall he regulated hy the Mayor and Council of cities or the Commissioners of Roads and Revenues.

MoxDAY, JuLY 25, 1921.

475

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill ha,ing received the requisite constitutional majority was passed.

By Mr. Ellis and l\1r. Snow-
A bill creating a committee known as the Georgia State Board .of Forestry.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite con~titu. tional majority was passed.

By 1\Ir~ 1Villiams-
A bill to establish the City Court of Fitzgerald. The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On . the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite ~onstitu tional majority was passed.

By Mr. 1Valker-
A bill providing for all gross amounts collected by any officer to be turned into the Treasury.

476

.JOURXAL 01<' THE SEXATE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the rPquisit<' eon:-;titutional majorit.'- was passed.

By ~Ir. Pope-
A bill to amend an Art abolishing tlw Board of Roads and Revenues of \Yalker County.
The report of the Committee, which was f~wor able to the passage of the bill, was agreed to.
On the passage of the hill the A.'es wer<' 41, Nays 0.
The bill having received the r<'quisite ron:-;titutional majority was passed.

By Mr. Brantley of Pierce-
A bill to create office of Commissimwrs Qf Roads and Revenues for Pierce County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the r<'quisite coustitutional majorit.'- was passed.

By Mr: Reagan of Henry-
A bill to pro,ide for the election of Treasurer of Henry County.

MoKDAY, .J-r;LY 25, 1921.

477

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

By 1Ir. .:\Icintyre and .:\[r. Jones of Thomas-
A bill to amend Act creating City Court of Thomasville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

By l\Ir. Reagan of Henry-
A bill to repeal an Act abolishing the office of County Treasurer of Henry County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bili the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majorit~- was passed.

By Mr. Cowart of Calhoun-
A bill to amend Code relati,-e to selection of State depositories by the Governor.

478

.TouRXAL OF THE SEXATE

The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having receiYed the requisite constitutional majority was passed.

By :\[r. Miles of Candler-
A bill to amend Act creating City Court of :\fetter.
The report of the Committee, which was f~wor able to the passage of the hill, was agreed to.
On the passage of the hill the Ayes were 41, ~ays 0.
The bil~ having receiYed the requisite consti f. t tional majority was passed.

By Mr. May of Liberty-
A bill to amend Act creating Board of Commissioners of Roads and Rewnues for Libert~- County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A~'es were 41, N"ays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Mayo of Mitchell-
A bill to amend an Act estahlishing the City Court of Camilla.

MoxDAY, J-cLY 25, 1921.

479

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

By i\[r. :\Iayo of ::\Iitchell-
A bill to amend an Act for the payment of a sal-
ary to the Treasurer of :Mitchell County.
The report of the Committee, "hich was favorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majorit~ was passed.

By Mr. Clarke of \Vebster-
A. bill to create the office of County Treasurer of \Yebster County.
The report of the Committee, which was favor-
able to the passage of the hill, was agreed to.
On the passage of the hill the J\.~es were 41, Nays 0.
The bill having recei,ed the requisite constitutional majority was passed.

By Mr. Carswell of \Vilkinson-
A bill amending au Act creating a Board of Roads and ReYenues for \Vilkinson.

4SO

Jo"L"RXAL OF THE SEXATE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

By :\Ir. Brantley of Pierce-
A bill to repeal an Act creating a Board of Commissioners for Pierce County.
The report of the Committee, which was faYorable to the passage of the hill, was agreed to.
On the passage of the hill the Ayes were 41, ~ays 0.
The bill having received the requisite constitutional majority was passed.
1Ir. Jackson asked unanimous consent that the session he extended to 1 ::10 toda~, aml the consent was granted.
By unanimous consent, House Bill 24 was withdrawn from the Committee on .Appropriations mHl I~'inance, read the second time and recommitted to the Committee on Puhlic Roads.
By unanimous consent, Senate Bill Xumber 133 was withdrawn from the Committee on Public Roads, read the second time and recommitted to the Committee on Public Roads.
The following bills were read the third time and takei1 up for consideration:

Moxn.n, JuLY 25, 1921. .

481

By l\Ir. Fleming of lOth, Ridley, ct al-
A bill to regulate the business of nursery in the State of Georgia.
The Committee offered the following substitute:
The substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the Ayes were 32, the Nays 0.
The bill having received the requisite constitutional majority was passed.
::\Ir. Ridley asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

By l\fr. Pope-
A bill to amend an Act known as the Motor Vchicle Law.
::\Ir. Ridley offered the following amendment: ''Amend by striking the words 'fifteen cents' wherever they occur and inserting in lieu thereof the words 'ten cents.' ''
The amendment was adopted.
::\Ir. Ji,leming of the lOth called for the previous question, and the call was sustained.
The main question was ordered.
The report of the Committee, which was favor-

482

.JouR~AL OF THE SEXATE

abb to the passage of the bill, was agreed to, as amended.
On the passage of the hill .Jlr. Thomas railed for thl' .A~es and XayR, and tht' call was sustained.

The roll call was ordcrrcl 1111d the Yote \Yas as follows:

ThosP Yoting in the affirmatin' wen' :Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, .J. l\'L Davison, J. E. Ellis, R. ll. Fleming, Denis Fleming, W. 0.

Foy, John E. Hollingsworth, .J. C. .Johns, G. A. .Jones, 0. K. Kimzey, Sam Y.am:on, Frank C. :\fills, .J. H. Nix, 0. A. Palmour, .T. E. Peacocl\, C. H.

Pope, David I<~. Ridley, Dr. C. L. Sheffield, R. H . Snow, Russell E . Stovall, E. B. Ta:rpley, R. 0. Walker, B. F. Weaver, .J. D. Womble, M. D.

Those Yoting in the negative were Messrs.:

Brown, L. C. Campbell, R. W. Cone, Howell

Holmes, R. H. .Jones, John H. Lassiter, \V. H.

Rountree, .T. L. Thomas, .Tames R .

Those not voting were Mcssrs.:

Colson, D. C. David, A. B. Golucke, Alvin G. Haralson, Pat Hunt, T. M.

Hutchins, H. C. .Jaclu::on, J. B. Richards, Will Taylor, Geo. W. Thorpe, E. M.

Ayes 29, Nays 8.

Wall, Dan Williams, Wiley Wohlwender, Ed :\Ir. President

On the passage of the bill the Ayes were 29, the Xays were 8.
The bill having received tk' requisite constitutional majority was passed.

MoxnAY, Jur~v 25, 1921.

483

l\fr. Pope asked unanimous consent that the bill be immediate!~ transmitted to the House, and the consent was granted.

The following resolution was read and taken up for considc.>ration:

B~~ Mr. Collum-
A resolution Qxtendillp; thm~ks to Congressman C. R. Crisp for ('ffortR in hehalf of farnwrs of Georgta.
l\fr. Campbell moved that the n'solution be tabled, and the motion prevailed.
The follo\\inp; bill was read the third time and taken up for consideration:

By -:\Ir. Childs-
A hill to establish Boards of "B~ducation under the
countr unit plan.
:\Ir. \Ve~wer monel to tahle the hill, and the motion was carried.
The following bill was read the third time and taken up for consideration:

Br ::\fessrs. \Vall and David-
A bill to regulate banking m Georgia.
Upon motion of ::\Ir. \Yalker, action was postponed on the bill until Tuesda~, July 26th, l 921.
The hour of one-thirty having arrived, the Presi- dent announced the Senate adjourned until tomorrow morning at 10 o'clock.

484

JouRNAL oF THE SE~ATE

SENATE CHAMBER, ATLA~TA, GA.,
July 26th, 1921.
The Senate met pursuant to adjournment at 10 o'clock A. M., and was called to order by the President.
Prayer was offered b~T the Chaplain.
By unanimous consent, the roll call was dispensed with.
Mr. Fo~T' Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the journal of yesterday's journal was dispensed with.
~Ir. David asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time, and the consent was granted.
The following bills were introduced, read the first time and referred to Committees:
By 1\fr. Ridley of the 28thA bill to create a Board of Commissioners of
Roads and Revenue for the County of .Jasper. Referred to the Committee on County and County
l\fatters.
By Mr. Ridley of the 28thA bill to repeal an Act entitled ''An Act to create

TuESDAY, .JuLY 26, 1921.

485

a Board of Commissioners of Roads and RcYenuc for the County of J aspcr."
Referred to the Committee on Count~' and County l\Iatters.
By :Mr. J olms of the 27th-
A bill to amend Section 4775 (q) of Park's Code of Georgia so as to provide for compensation of deputy clerks of County Courts.
Referred to the Committee on General Judiciary No. 1.
By l\Ir. ,yohlwender of the 24th-
A bill to amend Section 2825 of the Code of 1910, relative to the reviver of corporations. For the reviver of charters for library, religious, charitable, school and educational associations.
Referred to the Committee on General Judiciary No.2.
By I\fr. David of the 44th (by requcst)-
A bill to amend an Act establishing a charter for the City of Calhoun.
Referred to the Committee on Corporations.

The following message was receiwd from the House through ~Ir. ~Ioore, the Clerk thereof:

Mr. Ptesident:
The House has read and adopted the following resolutions, to wit:

486

JouR~AI~ OF THE SENATE

A resolution increasing number of Commissioners of Carroll County.
A resolution requiring- State Librarian to furnish books to Clerk of Superior Court of (Juitman County.
A resolution memorializing Congress to set aside money for elimination of the boll weevil in the South.

The following message was receiwd from the House through .:\lr. .:\loore, the Clerk thereof:

l'IJr. President:
The House has passed b~ the requisite constitutional majority the following bills, to wit:
A bill to provide that a Board of Commissioners of certain counties may elect and fix salar~ of Clerk.
A bill to amend the several Acts creating the City Court of Savannah.
A bill to amend an Act establishing the ('it~ Court of Valdosta.
A bill to amend the charter of the City C~mrt of Hinesville.
A bill to fix compensation of .Jm~ Commissioners in certain eounties.
A bill to amend an Aet creating the Cit~ Court of Nashville, in Bartow Count~.

The following message was received from the House through .:\Ir. .:\loon, the Clerk thereof:

T"LE~DAY, .J"LLY 26, HJ21.

487

JJfr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend Act creating the City Court of Floyd County.
A bill to amend an Act to proYide Board of Commissioners for Elbert Count~'
A bill to rearrange the Cordele Judicial Cireuit and the Tifton J udieinl Circuit.
A bill to amend au Act to abolish fee s~stem m Cordele Judicial Circuit.
A bill to amend and Act to provide Bond Commissioners for Elbert County.

The following House bills and resolutions were read the first time and referred to Committees:

By Mr. Beck and ::\Ir. Smith of Carroll~
A resolution to provide for the increase of the number of members of the Board of Commissioners of Carroll County.
Referred to the Committee on County and C'ount~ jfatters.

By Mr. Lankford of Toombs-
A resolution to nwmorialize the Congress of the .United States to set asi(lf' money for the elimination of the holl weevil.
Referred to the Committee on Agriculture.

488

Jm.JRXAL OF THE SENATE

By Mr. \Vorthy of Quitman-
A resolution to require the State Librarian to furnish to the Clerk of Superior Court of Quitman County literature destroyed by fire.
Referred to the Committee on Public Library.

By Mr. Anderson of Chattooga-
A bill to provide that Board of Commissioners of certain counties may elect Clerk and fix salary of same.
Referred to the Committee on County and County
~ratters.

By ~Ir. Atkinson, ~Ir. Hunter and ::\Ir. Valentino of Chatham-
A bill to amend the several Acts relating to and creating the City Court of Savannah.
Referred to the Committee on Special Judiciary.

By ~Ir. \Yay of Liberty County-
A bill to amend charter of the City Court of Hinesville.
Referred to the Committee on Corporations.

By 2\fr. Guess and 2\Ir. McClelland of DPKalb-
A bill to fix compensation of Jury Commissioners in certain counties.
Referred to the Committee on County and County Matters.

TrEsDAY, .JrL Y :26, 19:21.

489

By :\Ir. Knight-
A bill to amend au Act creating the City Court of ~ashYille, Berrien County, providing for the collection of funds and forfeitures naming a custodian and proYiding for disbursement of funds.
Referred to the Committee on Special Judiciary.

BY.

:Mr.

DaYis,

l\Ir.

Hamilton

and

l\fr. Salmon ~

of

Flo~'d-

A bill to anwnd tl1P Ad crt>ating the Cit~' Court of Floyd County.

Referred to the ( 1<mlmittce on Special Judiciary.

B~, :\Ir. Fletcher of IrwinA bill to rearrange the Cordele Judicial Circuit
of the Superior Courts and the Tifton .Judicial Circuit of the Superior Courts.
Referred to the Committee on Special Judiciary.

B~, :\Ir. :\[arshall Fletcher of Irwin-
A bill to amend an Act to abolish the fcc S)'Stem now existing in the Superior Court of the Cordele Judicial Circuit.
Referred to the Committee on Special Jud1ciary.

By :\Ir. Swift of Elbert-
A bill to amend au Act entitled "Elbert Board of Commissioners, Bond Commission,'' approved August 14, 1919.
RefNre<l to the Committee on County and Count:~, Matters.

490

.JoL'"RXAL OF THE SEKATE

By .:\Ir. Swift of Elliot-
A bill to amend an Act entitleu an Act to prO\ide Board of Commissioners for Elbert Count~.
Referr0d to the C'ommitt00 on Count~ and Couut~ Matters.

By .:\[r. "ThitakC'r of Lowndes-
,;
A bill to amend an Act establishing the City Court of Valdosta.
Ref0rred to the Committe<:' on Special J udiciar~ .
.
The follo\\ing m0ssage was reeciYed from His E.:xcellenc~, the GoYC'rnor, through his Secretar~, .:\lr. Blalock:

Jlr. President:
I am directed by His Excellency, the GoYernor, to delin:-r to the Senate a sealed communication for which he r0quests your consideration in C'XC'cutiYe sesswn.
::\fr. Golucke, Chairman of the Committee on Speeial Judiciary, submitted the following report:

J1r. President:
Your Committee on Special Judiciary has had under consideration the following bills and resolutions of the House and Senate and instructed me, as their Chairman, to report the same back to the Senate with recommendation that the same do pass as noted, to wit:

TeEsDAY, JeLY 26, 19:21.

491

Senate Bill 1-!7, do pass. House Bill 134-, do pass. House Bill 96, do pass. House Bill 407, do pass. House Bill 392, do pass. House Bill 95, do pass. House Bill 303, do pass. Senate Bill 126, do pass as amended. Senate Resolution 26, do pass.
Respectfully submitted, GoLUCKE, Chairman.

::\Ir. Palmour, :13rd, Chairman of the Committee on PriYileges of the Floor, submitted the following report :

1llr. President:
Your Committee on PriYileges of the Floor has had under consideration the following resolutions and instructed me, as their Chairman, to report the same back to the Senate ,,-ith the recommendation that the same do pass, to wit:
Resolved, that the privileges of the floor be extended to \V. Houser Davidson, the son of the Hon.
J. :K Davidson of the 23rd District, during his stay
in the city.
Also resolnd, that ex-Senator Robt. C. LeSeur

492

JouRXAI, oF THE HExATE

he extended the privil0gcs of the floor for a twriocl of three days.
Rcspcctfun~~ submitted,
J. E. PALl\:IOUR, Chairman~
:\lr. B. F. walker of 18th, Chairman of the Committee on Appropriations and Finances, submitted the following report:

Jlr. President:
Your Committee on Appropriations and Finance has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass as amended, to wit:
Senate Bill X o. 68, by Mr. Golucke of 19th.
Respectfully submitted,
B. F. '\YALKER, Chairman.

The following bills, favorably reported, were read the second time :

By :Mr. GoluckeA bill to provide for an income tax.

By l\fr. Thomas of 3rd-
A bill to provide for the appointment of administrators.

By l\Ir. Grovenstein of Effingham-
A bill to amend Act putting Solicitor-General of Atlantic Circuit on a salary.

TeE~DAY, JuLY 26, 1921.

493

By :\Ir. l\Ioorc of Appling-
A bill to amend Act with reference to the Solicitor of the City Court of Baxley.
By Mr. Vocelle of Camden-
A bill to amend Code. relative to pilots for port of St. Mary's.

B:r :Mr. Branch of Turner-
A bill to authorize the county authorities of Turner County to pay Clerk and Sheriff.

By l\Ir. Grovenstein of Effingham-
A bill to amend an Act creating the Ogecchcc Circuit by amending Section 4;

By :\Ir. Bird of 'l'aliaferroA bill to create the City Court of Crawfordsville.

By :Jir. \Vohlwender-
A bill relieving L. B. \Villiams as surety.
Mr. Holmes asked unanimous consent that Senate Bill 1\o. 126 be withdrawn from the Committee on Special Judiciary, read the second time and recommitted to the Committee on Special Judiciary, and the consent was granted.
~Ir. Childs asked unanimous consent that the report of the Committee on Education be withdrawn and the consent was granted.

The following bills were read the third time and put upon their passage:

494

JouRXAL OJ<' THE SE~ATE

By :Mr. Robinson of ::\Iacon-
A bill to amend an Act establishing a public school system for the Town of 1\farshalldlle.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 32, Nays 0.
The bill having rccein~d the requisite constitutional majority was passed.

By ::\lr. Henderson of white-
A bill establishing Uity Court of Ulenland, Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A~'es were 87, Nays 0.
The bill having reeeind the requisite constitutional majority was passed.

By :Mr. Clay of 39th-
A bill to authorize Cit~- of Marietta to submit to the voters the question of bonds to be issued for purpose of extending sewerage system.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majority was passed.

Tn}SDAY, .TcLY 26, 1921.

495

By ::\Ir. Clay of 39th-
A bill to repeal an Act creating a Board of Commissioners of Roads and ReYenues for Cobb Count~.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 50, Xays 0.
The bill haYi11g recei\etl the requisite constitutional majority was passed.
By ::\Iessrs. ::\Ia~o of ::\Iitchell, "Talker of Baker and others-
A bill to repeal au Act establishing the fee system now existing in the Superior Court of the Albany Judicial Circuit.
The report of the Committee, which was fa,orahle to the passage of the hill, was agreed to.
()n the passage of the bill the A~es were 41, Xa~s 0.
The bill haYing receind the requisite constitutional majority was passed.

By ::\1r. Childs-
A bill to codif~ the school laws of Georgia.
The report of the Committee, which was fayorable to the passage of the bill, \\"as agreed to.
On the passage of the bill the A~es were 29, Xays 0.
The bill haYing rcceind the requisite constitutional majority was passed.

496

Jol:RXAL OF THE SExATE

The Senate went into executive session at 10 :35 o'clock.
The executive sesswn was dissolved at 10:45 o'clock.
~Ir. Thomas moved that the Senate extend its session one hour today, and the motion was lost.
}Ir. Clay asked unanimous consent that when the Senate adjourn today at 1 o'clock it reconYene at 2 :30 o'clock.
Mr. Thorpe objected.
Mr. Jackson moved that when the Senate adjourn today at 1 o'clock, it reconvene at 2 :30 o'clock.
-:\Ir. Jackson withdrew his motion by mw11nnous consent.

The following- resolutions were introduced, read and adopted :
A RESOL-c'"TIOX
By Senator Manson of the 35th.
whereas, the Honorable Frank P. Rice, ex-Senator from the 35th Senatorial District, Atlanta, Georg-ia, was the author of the bill providing- for the construction of the present Capitol building-, which movement was in a bill "to be entitled an Act to construct a new Capitol building- in the City of Atlanta for the State of Georg-ia,'' and which bill passed the Leg-islature 1\ovember 3, 1882.
Therefore be it resolved, That in order to preserve this important chapter of Georg-ia history, the Hon. Frank P. Rice is hereby requested to furnish

TcESDAY, JULY 26, 1921.

497

to the Governor of Georgia an oil painting of himself, a1id the Governor is requested to have same appropriately placed and hung in the Capitol building.

A RESOLTJTIO:N
By Senator Boykin of the 39th.
'Vhcras, there arc now two oil paintings of General J olm B. Gordon owned by the State, and at present in the Capitol of the State and not in use, and,
'Vhercas, the Atlanta Chapter of the "United Daughters of Confederacy are collecting portraits of all Southern Generals to place on the walls of their Chapter House located in the City o Atlanta, which Chapter House is accessible to all the Daughters of the Confederacy throughout the State, and,
\Yhereas, said portraits of General J olm B. Gordon since not in use are subject to deterioration unless immediate and proper care is taken of them.
Be it therefore resolved, That the Keeper of Public Buildings and Grounds is hereby directed to immediately delin.'r one of same to their representative on -behalf of the State of Georgia.

By l\fr. Manson-
A resolution requesting the former Governors Hoke Smith, Joseph :\I. Brown and Hugh Dorsey to hang their portraits on the walls of the Executive Office.

The following r<>solution was r<>ad and adopted:

498

Jol:RKAL Ol' THE SENATE

RESOL"CTIOX.
whereas, it has ~een reported all onr the Xorthern and Eastern financial circles that Georgia is in the midst of a famine and her people stricken with an epidemic of pellagra; m;d,
\Vhereas, this report is doing untold damagt to the State and every branch of its industries; therefore,

Be it resolnd by the House allC1 Senate of tht State of Georgia, now assembled, that such reports are absolutely without foullC1ation and truth, and tho press of tho State co-operate "ith this bod~- in correcting any such report or impression by gi,ing as much publicity to this resolution as possible.
J. D. \YEAVER.

The following resolution was read and considered:

By :Jfr. Cone-
A resolution providing for a joint eommittee to report on the bills to establish a Board of Regents for the University of Georgia.
Mr. Bellah offered the following amendment:
"Amend by adding: Said investigation shall not cost the State onl~- actual expense of its members.''
The amendment was adopted. The resolution was adopted as anwnded.
The President appointed the following Senators

TcE:-;DAY, Jt:LY 26, 1921.

499

to act, as a committee on the part of the Senate, undPr RPnate Resolution 44:
Messrs. Cone of 49th. Childs of 12th. J1'leming of 8th.

The following bill was read the third time and taken up for consideration:

By \Vall of 5th, and DaYid of 43rd-
A bill to amend Act regulating banking.
The Committee offered the following amendment:
"Strike Section 40 on page 3 of the bill and number the remaining sub-s<'ctions accordingly."
The amcndmeut was adopted.
Mr. \Valker offered the following amendment:
''Be it further amended by amending sub-section three of section one, article eight, by striking the words, 'One thousand' in line six in said sub-section, and inserting in lieu thereof the words 'two thousand,' and striking- words 'one thousand in line seven (7) of said sub-section and inserting in lieu thereof the words 'two thousand.' ''
The amendment was adopted.
I\fr. Lassit<'r offered the following amendment:
''Amend by striking all of sub-section 1 of the hill."
The amendment was adopted.

500

Jol:RXAL Ol" THE SEXATE

Mr. Thorpe called for the previous question, and the call was sustained.

.Jir. Campbell moved that the Senate reconsider its action in adopting the amendment by Senator Lassiter, and the motion prevailed.

l\fr. N"ix moved that the Senate reconsider its action in calling for the previous question, and the motion prevailed.

On the passage of the Lassiter amendment the Ayes were 18, the ~ays 19, and the amendment was lost.

}fr. Rountree called for the previous question, and the call was sustained.

The report of the Committee, which was favorable to the passage of the bill as amended, was agreed to.

The main question was now ordered.

On the passage of the bill the Ayes were 28, the Nays were 3.

The bill having recei,ed the requisite constitutional majority was passed as amended.

Mr. Clay moved that when the Senate adjoum

today it reconvene in the morning at 9 o'clock, and

the motion prevailed.



~Ir. vVohlwender moved that the Senate do now adjourn, and the motion prevailed.

The President announced the Senate adjoumed until tomorrow morning at 9 o'clock.

\YED~ESDAY, JULY 27, 1921.

501

SENATE CHA:\iBER, ATLANTA, GA . .July 27th, 1921.

The Senate met pursuant to adjournment at 9

o'clock A. M., and was called to order by the Pres-

ident.



Pra~-er was offered b~- the Chaplain.

By unanimous consent the roll call was dispensed with.

Mr. Foy, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

B~- unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

Mr. Thomas asked unanimous consent that all Senators having bills to introduce be allowed to do so at this time and the consent ,,-as given.

The following bills were introduce(l, read the first time and referred to Committee.
By Mr. TaylorA bill to repeal Act authorizing the Ordinary of
Bacon County to collect special tax. Referred to Committee on Counties and County
Matters.
By Mr. ThomasA bill to correct certain mistakes appearing in tlw
Acts of the General Assembly of Georgia.

502

JoL"RXAL OF THE SEXATB

Referred to Conui1ittee on General .Judiciar~ No.1.

By Mr. Johns-
A bill to repeal Section 477i) of Park's Code.
Referred to Committee on Genrral .Judicinr~ No.2.

By Mr. Mills-
A bill to amend an Act creating officr of Commissioners of Roads and Revenues for Butts Count~.
Referred to Committee on Agriculture.

The following mes~age "as receind from the House, through Mr. Moore, the Clerk thereof:

Mr. P1esident:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend an Act to establish the City Court of Ashburn.
A bill to repeal an Act to provide for Commissioners of R.oads and R.evenues for StephPns Count~.
A bill to create the officr of Commissioners of Roads and Revenues for StPphens Count~.

The following message was receiYerl from thr House, through Mr. Moore, the Clerk then'of:

\VEDXESDAY, JrLY 27, 1921.

503

Mr. President:
The House has read and adoptt>rl the following resolution, to wit:
.:\ resolution for the nlief of Russell all<l other sureties.

The following messag-(' was receiYe<l from the House, through Mr. Moore, the Clt>rk thenof:

Mr. President:
The House has rea<l anrl ;ulopte(l the following resolution of the Renatr, to wit:
A resolution authorizing the Goyernor in respect to litigation bc>tm'en the State of Georgia an<1 The Tennessee Coppt>r Compan~'
The following bills were read the first time and
referred to Committe.es.
By Mr. Branch of Tumer-
A bill to <lllH'lH1 ~\ct establishing Cit~, Court of Ashburn.
Refern:<1 to Committee on Corporations.

By Mr. Collier of Rtephens-
A bill to repeal an Act to provide for Commissioners of Roads and Revenues for Stephens County.
ReferTP<1 to ConunittPP on Counties and Count~T Matters.

504

JouRXAL oF THE SEXATE

By Mr. Collier of Stephens-
A bill to create office of Commissioners of Roads and Revenues of Stephens County.
Referred to Conm1ittee on Counties and County Matters.

Mr. Jones, of the 37th, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations has had under consideration the following bills of the Senate ancl House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that_ the same do pass, to wit:
House Bills Nos. 326, 348, 186, 344, 350, 147, 29:2, 287, 325, 288, 373, 403, 227, 2:26, 47, 305, 346.
Senate Bills Nos. 135, 108, 103, 121, 132.
JoxEs (37th) Chairman.

Mr. Golucke, of the 19th, Chairman of the Committee on Special Judiciary, submittt'd the following report:

JJ!r. President:
Your Committee on Special .Judiciary has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommenclation that the same. do pass, to wit:

\YEDXE:-;DAY, JuLY 27, 1921.

505

A bill to amend Act establishing City Court of Valdosta.
A bill to amend Acts creating City Court of Scwannah.
A bill to amend Act creating City Court of Nashville.
A bill to amend Act crcating City Court of Floyd County.
Respectfully submitted,
GoLUCKE, Chairman.

Mr. Childs, Chairman of the Committee on Education, submitted the following report:

Mr. President:

Your Committee on Education has had under consideration the following bills and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

Sena_te Bill Ko. 41, hy substitute.

House Bill No. 354.

CHILDs, Chairman.

Mr. Jackson, Chairman of the Committee on PriYileges and Elections, submitted the following report:

Mr. President:
Your Committee on Privileges and Elections has had under conisderation the following bills of the

50G

JouRxAL OF THE SEXATE

Senate and instructe(l me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bills Nos. J4G m1<l l.f5.

Mr. Ridley, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
Your Committee on Hygiene aiHl Sanitation has had under consideration the following bills of the Senate and instructed me, as tlwir Chairman, to report the same back to the Senate with thc> ncommendation that the same do pass, to wit:
A bill to amend an Act regulating professional nursmg. Senate Bill No. 143.
We recommend do not pass the following:
A bill to be entitled an Act to establish a Boanl of Examiners in Optometry. Bill No. 85.
RIDLEY, Chairman.

Mr. Thomas, Vice-Chairman of the Committc>e. on Rules, submitted the following rc>port :

lVIr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate and instructed me, as their Vice-Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

507
A resolution relatin to changing rules of the Senate.

Mr. Hutchens, Chairman of the Committee on Military Affairs, submitted the following report:

Mr. President:

Your Committee on Militar~ Affairs has had under consideration the following bills of the S0nate aml instructed me, as their Chairman, to rPport the same back to the Senate with the recommendation that the same do pass, to wit:

House Bill No. 66.

Senate Bill No. 92.

HuTCHExs, Chairman.

Mr. Snow, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:
Your Committee on Railroads has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
No. 124, No. 88, by substitute, and that Bill No. 28 do not pass, ancl that House Bill No. 56, as amended do pass.
Sxow, Chairman.

Mr. Thorpe, Chairman of the Committee on Insurance, submitted the following report:

508

.Jo-cRXAL OF THE SEXATE

Mr. President:
Your Committee on Insurance has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the sanw to the Senate with the recomnwndation that the samE'
do pass, to wit:
No. 129; and that Senate Bill Ko. 62 an<l th<' substitute therefor do not pass; aB<l that House Bill No. 26 do not pass.
TnoRPE, Chairman.

Mr. Thorpe, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance has h~Hl under consideration the following bill of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit: Ko. 60.
THORPE, Chairman.

Mr. Foy, of the 1st, Chairman of the Committee on Game and Fish, submitted the following report:

111r. President:
Your Committee on Game and Fish has had under consideration the following bill of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that tlF
same do pass, to wit:

"'\YEDXE~DAY, JrLY 27, 1921.

509

A bill for the regulation of taking shad from the waters of this State.
Respectfully submitted,
FoY_. Chairman.

Mr. Boml, Chairman of the Committee on Enrollment, submitted the following r<>port:

Mr. President:
Your Committee on Enrollment report as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of R-epresentatives, the following resolution, to wit:
A resolution authorizing the Governor to contract in respect to litigation pending in the Supreme Court of the United States between Stftte of Georgia, Tennessee Copper Company, alHl Ducktown Sulphur, Copper and Iron Company.
Respectfully submitted,
Bo="D, Chairman.

The following Senate bills, favorably reported, were read the secon<l time:

By Mr. RountreeA bill to furnish free text books to school children.

By Mr. Hutchens-
A bill to re-organize the militan- forces of Georgia.

510

JoL'RNAL oF THE SENATE

By Mr. AkinA bill to amend the charter of Brunswick, Ga.

By Mr. Akin-
A bill to amend au Act regulating public instruction in Glynn County.

By Mr. Akin-
A bill to regulate the practice of professional nursing in Georgia.

By Mr. GoluckeA bill to amend Section 82 of Code.

By Mr. GoluckeA bill to amend Cotle of 1910.

By Mr. Wall-
A bill to amend an Act establishing a securities commission.

By Mr. ChildsA bill to amend the charter of the Town of Omaha.

By Mr. ColsonA bill to amend the charter of Glenwood, Ga.

By Mr. Ridley-
A bill to amend an Act incorporating Town of Hillsboro.

WED~E8DAY, JuLY 27, 1921.

511

By Mr. Snow-
A bill to provide for the public generally using roads and streets, etc.

By Mr. vVohlwender-
A bill to permit Mutual Fire Insurance Companies to issue and sell surplus fund certificates.

By Mr. RountreeA bill to furnish free text books for schools.

The following House bills, favorably reported, were read the second time :

By Mr. Macintyre of Thomas-
A bill to authorize the valuation of bonds and other securities owned by Life Insurance Companies by the authorization method.

By Mr. Haddock of EarlyA bill to amend an Act to create and incorporate
the Cit.v.. of.. Blakel.v, in li'eu of the Town of Blakeh"'.
By Mr. ';Vhittaker anrl Mr. 'Vebb of LowndesA bill to regulate and control the purchase sale and
and use of explosives in this State.

By Mr. Beckham of Dougherty-
A bill to provide for a record book in each county of State for the recording of discharges from the military service of the United States.

512

JouRXAL OF THE SEXATE

By Mr. Bentle~-, Mr. Hallowa~ and 1-.fr. Moore of Fulton-
A bill to provide that an~' municipality having a population of 150,000 or more can incur boncled debts for street improvements.

By Mr. DuBose ancl Mr. Duclley of ClarkP-
A bill to amend the chartt>r of the Town of Athens and other Acts ameiHlatory thereof.

By Mr. Mayo of Mitchell-
A bill to repeal an .Act amemling the ChartPr of the Town of Pelham so ~\s to provicle for tlw election of the Chief of Police by the people.

By Mr. Mayo of Mitchell-
A bill to amend the charter of the Town of Pelham to sell and convey the municipal light plant ancl water plant and equipment and appliances connected therew_ith, etc.

By Mr. Knight of Berrien-
A bill to rPpeal an Act incorporating the rrO\nl of Alapaha, Berrien County.

By Mr. Knight of BPrrit>n-
A bill to provide and establish a new chnrt<'r for the Town of Alapaha, Berrien County.

By Mr. Collins of CherokeeA bill to amend an Act ancl the several ..:\cts prior

WED:XESDAY, JULY '27, 1921.

513

thereto, incorporating the Town of Canton, Cherokee County.

By Messrs. Perkins, Neil and Hatchet of Muscogee-
A bill to amend the charter of the City of Columbus in Muscogee County.

By Mr. Bush-
A bill to amend an Act to incorporate the Town of Aldora, Pike County, by proceeding for appointing of CommissionE"rs for said town, to define dutiE"s, term of office, etc.

By Messrs. Atkinson, Hunter and Valentino of Chatham-
A bill to amend the several Acts relating to and creating the City Court of Savannah.

By Mr. Jones of Thomas-
A bill to establish a charter of the City of Boston, Thomas County.

By Mr. \\TJtitaker of Lowndes-
A bill to amend an Act establishing the City Court of Valdosta.

By Mr. \Vay of Liberty-
A bill to amend charter of the City Court of Hinesville.

By Mr. Beckham of Dougherty-
A bill to amend an Act to create a ne\\ charter for the City of Albany.

514

JOURNAL OF THE SEXATE

By Mr. Bleckley-
A bill to amend an Act incorporating the City of Clayton.
B~ Mr. Mann of GlynnA hill to anwml the charter of the City of Bruns-
wick.

By Mr. Culpepper of Fayette-
A hill to repeal an Act to incorporate the Inman School District.

By Mr. Howard of Forsyth-
A bill .to amend an Act incorporating the Town of Cumming.

By Mr. Knight of Berrien-
A bill to amend an .Act creating the City Court of Kashville, Berrien County, providing for the collection of funds and forfeitures, naming a custodian and providing for <lishurs<'ment of said funds.

By Messrs. Davis, Hamilton and Solmon of Floyd-
A bill to amend the Act creating the City Court of Ji...,loyd County.

By Mr. Rutherfonl of Monroe-
A bill to repeal an 1\ct to divide the City of Forsyth, Monroe County into six wards. -
The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blalock:

"\YEDKESDAY, ,JULY '27, 1921.

515

Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed commuunuication for which he asks your consideration in executive session.

The following resolution was read and adopted:

By Mr. Thomas-
A resolution proYi<ling for afternoon sessions of the Senate after August Jst.

The following resolution was taken up for consideration:

By Mr. Brown-

A resolution providing for an investigation of the agricultural department.

Mr. Brown asked unanimous consent that the resolutions be tabled.

Mr. Jackson objected.

.

Mr. Brown moved that the bill be tabled and the

motion was losf.

The report of the Committee, which was favorable to the passage of the resolution, was agreed to antl the resolution was lost.

The Senate went into executive session at 9 :45 o'clock.
The executive session was dissoh-ed at 9:55 o'clock.

516

JoURNAL oF THE SENATE

By Mr. Branch of Turner-
A bill authorizing the county authorities of Turner County to pay clerk and sheriff of Superior Court of said county, etc.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
o: On the passage of the bill the Ayes were 39,
Nays The hill having receivC>cl the requisite constitu-
tional majority was passed.

By Mr. Grovenstein of Effingham-
.:-\ bill to amend Act putting the Solicitor-General of the Atlantic Circuit on a salary.
The report of the Committee, which was fayorabl' to the passage of the bill, was agreed to.
On the passage of the bill the Ayes WPre 39, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Moore of Appling-
A bill to amend Act with reference to the Solicitor of the City Court of Baxley, Ga.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

"\VEDNESDAY, JULY 27, 1921.

517

By Mr. Bird of Taliaferro-
A bill to create City Court of Crawfordville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 3~), Nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills were read the third time and put upon their passage:
By Mr. Monroe of "Wilcox-
A bill to repeal an Act creating the intlependent local school system of Pinevie;v.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the .Ayes were 39, Nays 0.
The bill having received tlw requisite constitutional majority was passed.

By Mr. Grovenstein of Effingham-
A bill to amend Act creating Ogeechee Circuit.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having receind the requisite constitutional majority was passed.

518

JOURNAL OF THE SEXATE

The following bill was read the third time and taken up for consideration:

By Mr. Haralson-
A bill to pro\ride for the exchange of the Governor's Mansion.

Mr. \Valker offered the following substitute:

A BILL.
To be entitled an .Act to create a Commission to receive proposals for the lease of the property at the corner of Peachtree and Cain streets, in Atlanta, known as the ''Governor's Mansion,'' to report recommendations thereon to the General Assembly, and for other purposes.
Section 1. Be it enactetl by the General .Assembly of Georgia, and it is hereby enacted by authority of the same, that there is hereby created a Commission, to be known as the ''Mansion Lease Commission,'' which shall be composed of the Govemor of the State, the Attorney General, the Secretary of State, and a committee of two to be appointed from the Senate, and three from the House, and three business men from the state at large, all to be appointe<l by the Governor. .At least five of these to be so appointed shall reside without the city limits of .Atlanta, and having no business whatever in said city, a11<l who shall, examine into, receive proposals on and compile data looking to the lease of the property at the intersection of Peachtree an<l Cain streets, in Atlanta, known as the ''Governor's Mansion.''

-WEDNESDAY, JULY 27, 19:2].

519

Section 2. Be it further enacted by the authority aforesaid that, on and after the passage and appl<oval of this Act, the aforesaid commission shall have authority to receive proposals for the lease of said property for a term of years, not to exceed fifty years; that it shall prepare the terms under which all offers to lease shall be made; that it shall announce through the newspapers" of the state, in the form of news announcements, it is ready to receive such offers to lease; said Mansion Lease Commission shall make lease of said property as soon as possible for the best interests and income therefrom for the State, and that they make contract thereof and make return of their acts and doings to the next General Assembly.
Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are, hereby repealed.
On the passage of the substitute Mr. "'Vohlwender called for the Ayes and Nays and the call was sustained.
The roll call was or<lered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bellah, J. M. Bond, Chas. N. Boykin, James H. Cam,pbell, R. W. Childs, E. W. Collum, J. iM. Cone, Howell David, A. B. Davison, J. E. Ellis, R. C.

Fleming, Denis Fleming, W. 0. Foy, John E. ~Iucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Jackson, J. B. Johns, G. A. .Jones, .John H.

Jones, 0. K. Lassiter, W. H. Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will Ridley, Dr. C. L. Rountree, .J. L.

520

JouRNAL OF THE SE~ATE

Sheffield, R. H. Stovall, E . B. Taorpley, R. 0. Ta,ylor, Geo. W.

Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan

Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M.D.

Those voting in the negative were Messrs.:

Akin, L. R. Brown, L. C. Haralson, Pat

Hutchins, H. C. Kimzey, Sam ~nson, Frank C.

Snow, Russell E.

Those not voting were Messrs. :

Colson, D. C.

l\1r. President

Ayes 42, Nays 7.

On the passage of the substitute the Ayes were 42, the N"ays were 7, and the substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill the Ayes were 36, the Nays were 2.
The bill having received the requisite constitutional majority was passed by substitute.

The following bills were read the third time and put upon their passage:

By Mr. Golucke-
A bill to amend Act establishing the department of msurance.
The report of the Committee, ~which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.

\VEDI\E@AY, Jl:LY 'l./, 19:21.

5:21

The bill having rcceive<l the requisite constitutional majority ~was passed.

By Mr. Rountree-
A bill to ame111l Act co<lif~ing- school laws of State.
The report of the CommitteP, which was faYorabh' to the passage of the bill, \\as agTPP<l to.
On the passage of the> bill the ""\yes were :26, Nays 0.
The bill luning recPi\e<l the nquisite constitutional majorit~ was pass(<l.

The following bill was rPad the thinl time a1ul put upon its passage:

By Mr. Jones of the 6th, and Mr. Snow-

A bill creating a new sPnatorial <listrict.

The report of the Committee, which was faYorable to the passage of the bill, \Yas agreed to.

The bill involving an amen<lment to the Constitution the roll call was on !ere<1 and thP Yote was as follows:

Those voting in the affirmatiYe were Messrs.:

Akin, L. R.
Bellah, J. :vr.
Bond, Chas. N.
Boykin, James H. Brown, L. C.
Campbell, R. w.
Childs, E. W. Collum, J. M.
Cone, Howell Davison, J. E.

Ellis, H. C. Fleming, Denis
Fleming, w. 0.
Foy, John E. Golucke, Alvin G. Haralson, Pat Hollingsworth, .J. C. Holmes, R. H. Hunt, T. .:\1.
Hutchins, H. c.

Johns, G. A. .Jones, John H. Jones, 0. K. Kimzey, Sam L 'l~.siter, \V. H.
.:\1anson, Frank c.
:'11ills, J. H. Palmour, J. E. Peacock, C. H. Pope, David F.

522

JOURNAL OF THE SENATE

Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B.

Tasrpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F.

Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

Those voting in the negative were 1\fessrs. :
.Jackson, J. B.

Those not voting were 1\fessrs. :

Colson, D. C. David, A. B.

Nix, 0. A. Richards, Will

:\Ir. President

Ayes 44, Nays 1.

The bill having received the requisite constitutional two-thirds majority was passed.

The following bill was withdrawn from the Committee on Commerce and Labor, read the secon<1 time and recommitted to the Committee on General .Judiciary No. 1.

By Mr. Fleming of the lOth-
A bill to allow husban<l and wife to testify for or against each other.

The following bill, favorably reported, was read the second time.
By Mr. AkinA bill to amend Act r<'gulating taking shad from
waters of Georgia.
The following bill was read the third time and taken up for consideration:

\VEDXE@AY, JL"LY 27, 1921.

523

By :Mr. Johns-
A bill to create aiHl organize a new Judicial Circuit of the Superior Courts of Georgia.
The Committee off<'recl the following amendments:
Amen<l Section One of said Act by striking from last line of said Section the word ''Banks'' and inserting in lieu thereof the word ''walton'' so as to make the new circuit composed of the Counties of Gwinnett, Barrow, Walton and Jackson.
The amendment was adopted.
Amend Section 2 of said Act by striking therefrom in lines 7 and 8 commencing after the words "in each year and," the words "Banks County, third and fourth :Mondays in February and August in each year" and by inserting in lieu thereof, the words "Walton County, third and fourth :Mondays in February and August and first Mondays in May and November in each year.
The amendment was adopted.
Amend Section 4 of said Act by adding thereto the following words: ''and shall be paid by the remaining counties of \Vestern Circuit, to wit: Oconee, Clarke and Banks pro rata in proportion to population as fixed in United States Census of 1920."
The amendment was adopted.
Amend Section 2 of said Act m lines four and five by striking the words after "Barrow County," in line fi,e the following: ''Third imd fourth Mondays in March, June, September and December''

524

JouRNAL oP THE SExATE

and by inserting in lieu thereof the following wol'lls:

''Second and third Mondays in .January and .Jul~

and third and fourth Mondays in April an<l Octo-

ber."



The amendment was a<lopted.

Amend the caption of the bill by adding after the words "Judge and Solicitor-General thereof" in line four of caption the following: ''To proYi<le for compensation of Solicitor-General of Piedmont Circuit by fees: To provide how the Solicitor-General of vVestern Circuit shall be paicl; to provi<le for times of holding Superior Courts in the Circuit.'' So that said caption as amended shaH read as follows: ''An Act to create and organize a new .Judicial Circuit of tli.e Superior Court of this State to b<' known as the Piedmont Citcuit; to provide for a .Judge and Solicitor-General thereof; to provide for compensation of Solicitor-General of Piedmont Circuit by fees; to provide how the Solicitor-General of Western Circuit shall be paid; to provi<le for times of holding Superior Courts in the Circuit, and for other purposes. ''

The amendment was adopted.

The report of the Committee, which was faYorable to the passage of the bill, as amended, was agreed to.

On the passage of the bill the Ayes were 41, the Nays were 0.

The bill having received the requisite constitutional majority was passed as amended.

\VEDXESDAY, JULY 27, 1921.

525

Mr. J olms asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted.
Mr. Clay moved that when the Senate adjourn today it stand adjourned until Thurstlay morning at 9 o'clock and the motion prevailed.
Mr. \Vohlwender moved that the Senate do now adjourn and the motion prevailed.
The. President announced the Senate adjourned until tomorrow morning at 9 o'clock.

5~6

J OURXAL OF THE SEXATE

SENATE CHAMBER, ATLAKTA, GA.,
July 28, 1921.
The Senate met pursuant to adjournment at 9 o'clock A. M., and was called to order by the President.
Prayer was offered by the chaplain.
By unanimous consent, the roll call was dispensed with .
.Mr. Foy, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found to be corret:t.
By unanimous consent, the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Jackson asked unanimous consent that 20 minutes be allowed in which to pass local uncontested bills, and the consent was g-ranted.
The following bills were read the third time and put upon their passage:
By .Mr. Knight of Berrien-
A bill to establish new chm:tcr for Alapaha.
The report of the Committee, which was favortt'ble to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, JuLY 28, 19:21.

527

By ::\Ir. Culpepper of Fayette-
A bill to repeal Act incorporating Inman School District.
The report of the Committee, which was favorf'ble to the passage of the bill, was agreed to.
On the passage of the hill the A~es were 39, Xa~s 0.
Tlw bill haYing receiYed tlw rcquisitu eonstitutim~al majorit~ was passed.

B~ l\1r. Howard of Forsyth-
A bill to amend Act incorporating Cumming, Georgia.
The report of the Committee, which was fayorable to the passagu of the bill, was agreed to.
On the passagl' of the hill the Ayes were 39, Xays 0.
The bill having received the requisitu constitutional majority was passed.

By Mr. ::\Iayo of Mitchell-
A bill to repettl Act amending charter of Pelham.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes weru 39, Xays 0.
The bill having received thr requisite constitutional majority was passed.

528

JouRxAL oF THE SExATE

By :\Ir. \Vay of Liberty-
A bill to amend charter of City Court of Hinesville.
The report of the Committee, which was fannable to the passage of the bill, was agreed to.
On the passage of the hill the A~es were :39, Nays 0.
The bill having receincl the requisite constitutional majority was passed.

By :Mr. Collins of Cherokee-
A bill to amend Acts incorporating Canton, Georgta.
The report of the Committee, which was f<norable to the passage of the bill, was agree<l to.
On the passage of the bill the A~es were :3~), Nays 0.
The bill having receiwd the requisite constitutional majority was passed.

By :\Iuscogee Delegation-
A bill to amend charter of Columbus.
The report of the Committee, which was favorable to the passage of the bill, was agreell to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having receind the requisite constitutional majority was passed.

THURSDAY, JuLY 28, 1921.

529

By Mr. Bush of Lamar-
A bill to amend an Act incorporating Town of Aldora.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A~es were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Chath&'m Delegation-
A bill to amend Act relating to Cit~ Court of Savannah.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A~es were 39, Nays 0.
The bill having reeei,ed the requisite constitutional majorit~ was passed.

By :Jir. Knight of Berrien-
A bill to repeal Act incorporating Town of Alapaha.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having receive~l the requisite constitutional majority was passed.

530

JoURNAL OF THE SENATE

By Mr. "Jfann of Glynn-
A bill to amend charter of City of Brunswick.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were :39, Nays 0.
The bill having recei,ed the requisite constitutional majority was passed.

By ~Ir. Knight of Berrien-
A bill to amend Act creating City Court of Nashville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the> bill the Ayes "ere 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Bleckley of Raburn-
A bill to amend Act incorporating the Cit~ of Clayton.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes we>re 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

THUR~DAY, JULY 28, 1921.

531

By Mr. Jones of Thomas-
A bill to establish a charter for Boston, Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes wore 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

By ~Ir. Beckham of Dougherty-
A bill to amend Act creating new charter for City of Albany.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
Tho bill having received the requisite constitutional majority was passed.
.Bv Mr. Haddock of Earl.v Coun.tv-
A bill to amen<l ..::\.ct creating City of Blakely.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill luwing received the requisite constitutional majority was passed.

532

JouR~AL mr THE SENATE

By l!.,ulton Delegation-
A bill to provide that any municipality of certain population can incur bonded debts for street improvements.
The report of the Committee, which was f~wor able to the passage of the bill, was agre:d to.
On the passage of the bill the Ayes \n>re 39, Nays 0.
The bill having received the requisite eonstitutional majority was passed.

By :Mr. Rutherford of Monroe-
A bill to repeal Acts dividing City of Forsyth into six wards.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes we're 39, Nays 0.
The hill having received the requisite constitutional majority was passed.

By Floyd Delegation-
A bill to amend Act creating City Court of !<'loyd County.
The report of the Committe<', whieh was ravorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Kays 0.
The bill having received the requisite constitutional majority was passed.

TH"eRSDAY, JrLY 28, 1921.

533

By }fr. whitaker of Lowndes-
A bill to amend Act establishing City Court of Valdosta.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were :~9, Kays 0.
The bill having receiYed the requisite constitutional majority was passed.

By }fessrs. DuBose and Dudley of Clarke-
A bill to amend Act establishing charter of Athens.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the A~Tes were 39, Nays 0.
The bill haYing received the requisite constitutional majority was passed.

By l\fr. :Mayo of Mitchell-
A bill to amend the charter of Pelham.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

534

JolJRXAL OF THE SENATE

By Mr. Akin-
A bill to amend charter of Brunswick.
The report of the Committee, which was favor- able to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Ridley-
A bill to amend Act incorporating the Town of Hillsboro.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes "ere 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr: Colson-
A bill to amend the charter of Glenwood, Georgm.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
bn the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

THlJR!::iDAY, JULY 28, 1921.

535

By :\Ir. ChildsA bill to amend charter of Omaha, Georgia.
The report of the Committee, which was favor. able to the passage of the bill, was agreed to.
On the passage of the bill the Ayes. were 39, Nays 0.
The bill having received tho requisite constitutional majority was passed.

By M:r. Akin-
A bill to consolidate and amend an Act to regulate public instructions in Glynn County.
Tho report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, N"ays 0.
The bill having received the requisite constitutional majority was passed.
l\fr. wohlwender asked unanimous consent that
Senate Bill No. 152 be withdrawn from the Committee on General Judiciary No. 2, read the second time and recommitted to the Committee, and the consent was granted.
Mr. Haralson asked unanimous consent that House Bill No. 382 be withdrawn from the Committee on Railroads, read the second time and recommitted to the Committee on ,V. and A. Railroad, and the consent was granted.
l\Ir. Akin asked unanimous consent that all Sen-

JouRXAL OJ<' THE SENATE
ators having bills and resolutions to introduce be allowed to do so at this time, and the consent was granted .
.Jir. \Yalker asked unanimous consent that he be allowed to introduce a resolution later on during the day, and the consent was granted.
The following bills were introduced, read the first time and referred to Committees:
By Mr. \Villiam~A bill to repeal an Act establishing a public sehool
system of Ocilla.
Referred to the Committee on Education.
By ~Ir. Fleming of lOth-
A bill to prohibit the placing of any sign resembling a railway crossing sign along or near an~ puhlic or private road in Georgia.
Referred to the Committee on Commerce and Labor.
The following resolution was read:
By .Jir. Manson-
A resolution requesting the Committee 011 Amemlments to the Constitution to make a report on Senate Bill No. 2.
1\fr. Brown moved that the resolution be tabled, and the motion prevailed.

TH"LRSDAY, J"LLY 28, 19:21.

537

Mr. \Vall, Chairman of the Committee on Banks and Banking, submitted the following report:

.illr. President:
Your Committee on Banks and Banking has had under consideration the follQwing bills of the House and instructed me, as their Chairman, to report the
same back to the Senate with the recommendation
that the same do pass, to wit:
House Bills Xos. 331, 312, 357.
\VALL, Chairman.

2\fr. Lassiter, Chairman of the Committee on General Judician Xo. 1, submitted the follo"ing report:

lllr. President:

Your Committee on General .Tudiciary 1\o. 1 has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass as amended, to wit:

Senate Bill Xo. 58.

LASSITER, Chairman.

::\Ir. \Vall, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking has had under consideration the following bills of the House and Senate and instructed me, as their Chairman, to

538

JouRNAL oF THE SENATE

report the same back to the Senate with the recommendation that the same do not pass, to wit:
House Bill No. 17.
Senate Bills Nos. 43 and 4. \VALL, Chairman.

Mr. Mills, Chairman of the Committee on Agriculture, submitted the following report:

.Mr. President:

Your Committee on Agriculture has had uuder consideration the following bills of the Senate aud House and instructed me, as their Chairman, to nport the same back to the Senate with the recommendation that the same do pass, to wit:

Senate Bill No. 156.

Senate Bill No. 106.

House Bill K o. 272.

J. H. ::\lrLLS, Chairman.

::\Ir. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary has had Ullder consideration the following- bill and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

Senate Bill 142.

GoLUCKE, Chairman.

Tn"C'RSDAY, JrLY 28, 1921.

539

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your committee on Special Judiciary has had under consideration the following bill and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the sanw do pass, to wit:

House Bill No. 405.

GoLUCKE, Chairman.

Mr. Jones, Chairman of the Committee on Corporation, submitted the following report:

ivlr. President:
Your Committee on Corporations has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same hack to the Senate with the recommendation that the same do pass, to wit:
House Bill 1\o. 274. JoNES (37th), Chairman.

~Ir. B. F. "Walker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report:

il1r. President:
Your Committee on Appropriations and Finance has had under consideration the following bill of the House and instructed me, as their Chairman, to

540

.JoL:RXAL oF THE SENATE

report the saml' back to the Senate with the recommendation that the same do pass, to wit:
House Bill 190-C, by Mr. Singletar~ of Gradv. '
authorizing the Governor to set apart the rental of \Y. and A. R. R. for limited periods.
Respectfully submitted,
B. F. \\TALKER, Chairman.

Jfr. Pr('sident:
\\Tc, the undersigned members of General Judieiary Committee No. 2, respectfully file this our mi-
nority report to Senate Bill No. 24, favorably re-
ported by said Committee, and recommend that said bill do not pass for the following rcaons, among oth-
ers, to wit:
1. That said bill docs not provide an~ method for the equalizing of taxes in lieu of that rnoviclcd for the law sought to be repealed.
2. That said la" will s<.'riousl~ imperil and endmlg<'r a larg portion of tlw r<'V<'llU<'S of tlw Stat<'.
JAS. R. THOl\IAS,
Sxow,
KIMZEY,
HuTCHENS.
The follmving bills, fa,orabl~ r<.'portcd, w<.'rc r<.'acl the second time :
Br. ~fr. HaralsonA bill to am<'ncl Code relative to stock 1n militia
districts.

TnrRSDAY, .JuLY 28, 19~1.

541

By ~fr. Fleming of 8th-
A bill to fix amount of fees Sheriffs arc entitled to charge and collect in certain counties.

By Mr. MillsA bill to amend Act creating office of Commission-
ers of. Roads and Rennues for Butts Countv. .
By ::\fr. Singletary of GradyA bill to authorize the GoYernor or set aside the
rentals of the ,Y. & A. R. R.

B~ Chatham Delegation-
A bill to amend Acts incorporating the Mayor and Aldermen of SaYannah, Georgia.

By Mr. Foy of Taylor-
A bill to prevent certain people Yotiug in certain counties.

By ~fr. Hullender of Catoosa-
A bill to authorize the Board of Roads and ReY-
enues of Catoosa County to construct certain roads.

By ~Ir. Fletcher of IrwinA bill to rearrange the Cordele .Judicial Circuit.

By Mr. Penland of Gilmer-
A bill to amend Code so as to provide for a
State depository at Ellijay.

542

.JorRXAL oF TH"B' SEXATE

By .:\1r. Sibley of Bacon-
A bill to amend Code so as to make Alma a State depository.

By :\1r. Folsom of ~1ontgomery-
A bill to amend Code RO aR to make AlRtml a Stah depository.

By l\fr. Johns-
A bill to create the Georgia Children 'R Codp Commission.
By :\1r. Collins of Cherokee-
A bill to create and uame a sperial Board of Commissioners in and for Cherokee. Count~.

The following messagP was receind from the House through Mr. ::\[oon, the Clerk thereof:

:.l!r. PrPsident:
The House has passed h~ the requisite eonstitutional majorit~ the following hills, to wit:
A bill to create a Board of Harbor Commissioners for the City of Savannah.
A bill to amend an Ad establishing tlw charter of the City of "'Willie in Liberty Count~.
A bill to amend Paragraph 2, Section 1, Article 11 of Constitution relative to ehanging the houndary line of Cook Count~.
A bill to amend an Act establishing the public school system in the Town of Canon.

'l'Hl:RSDAY, ,JULY 28, 1921.

543

A bill to amend the Act creating the C'ity Court of :Macon.
A bill to amend the charter of the 'fown of .\Ieigs.

The following message was receiYed from the House through Mr. ::\Ioore, the Clerk thereof:

JJ r. President:
The House has passed h~- the requisite constitutional majorit~ the following bills to wit:
A bill to amend the charter of Ludowici.
A bill to amend au Act approved August 6, 1906, creating a charter for the City of Cairo.
A bill to amend an Act entitled "An Act to amend an Act approved November 11, 1889, to revise the Acts g:canting corporate power upon the ~Iayor and Council of Americus.''
A bill to revise the several Acts creating the ::\Iunicipal Court of Savannah.
A bill to amend the Act creating the ~Iuuicipal Court of Cit~- of ::\Iacon.
A hill to amt>nd the charter of the Cit~- of .Jackson.
A bill to create a Board of Commissioners of Roads and Revenues for the County of Lee.
A bill to amend the several Acts relating to the ":\Iayor and Aldermen of the cit~- of Savannah.

The following message was received from the House through l\fr. ~foore, the Clerk thereof:

5.J.4

JounxAL OF THE SExATE

JJ r. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend an Act approYe<l .August 24, ]88], and the Acts amendatory to prescribe the qualifications for voters in the Cit~ of Con~C'rs, Georgia.
A hill to establish the City Court of Ludowici.
A bill to amend charter of City of Columbus.
.
The following message was received from the House through ~rr. Moore, the Clerk thereof:

Jlr. President:
The House has read and adopted the followiug resolution of the Senate, to wit:
A resolution providing for the denial by the House and Senate of reports that Georgia is in a state of famine.

The followiug message was received from the House through }Ir. ~Ioore, the Clerk thereof:

Mr. President:
'l'he House has passed h~ the requisite constitutional majority the following bills of the SL'natc, to wit:
A bill to repeal an Act creating the Glenwood public school system.

The following bills were read the first time and referred to Committees:

THuusn.n, JcLY 28, 1921.

545

By 1\fr. 'Whitaker of Rockdale-
A bill to amend ..Act prescribiug the qualification of voters in Conyers.
Referred to Committee on Corporations.

By lfr. Smiley of LongA bill to establish City Court of Ludo\\ici. Referred to Committee on Corporations.

By :\Ir. Riley and l\fr. Hines of Sumter-
A bill to amend Act granting corporate powers upon Mayor and Council of Americus.
Referred to Committee ou Oorporatious.

By 1\fr. l\Tay of LibertyA bill to amend the charter of Town of 'Villie. Referred to Committee on Corporations.

By 1\fr. Singletary of GradyA bill to amend Act creating a charter fot Cairo. Referred to Committee 011 Corporations.
By Mr. Jones and 1\fr. l\Iaclutyre of ThomasA bill to amend charter of Meigs. Referred to Committee on Corporations.

By Mr. Watkins of ButtsA bill to amend charter of City of Jackson. Referred to Committee 011 Corporations.

546

JouRXAL OF THE SEXATE

By ~lr. W'oodard of Cook and :Mr. Bowen of TiftA bill to amend Constitution changing boundary
line of Cook. Referred to Committee on Constitutional Amend-
ments.
By ~Ir. Clifton of LeeA bill to create a Board of Commissioners of
Roads and Re,enues for Lee County. Referred to Committee on Corporations.

By Mr. Hunter of ChathamA bill to amend Arts relating to :Municirlal Court
of Savannah. R~ferrcd to Committee on Corporations.
B~ }lr. Atkinson of ChathamA bill to create a Board of Harbor Commission-
ers for the City of Savmmah. Referred to Committee 011 Corporations.

By ~{r. Gunnels of Franklin-
A bill to amend Act establishing public school system in Town of Canon, Georg-ia.
Referred to Committee on Corporations.

By Chatham Delegation-
A bill to amend Acts relating to }[ayor and Aldermen of Savannah.
Referred to Committee 011 Corporations.

THURSDAY, JULY 28, 19:21.

545

By .:\Iessrs. "\Vinship and Malone of Bibb-
A bill to amend the Act creating- the Municipal Court of City of Macon.
Rcferrrd to Committee on Corporations.

B~ .:\fr. "\Vinship of Bibb-
A bill to <lBH'IHl Ad ereating the Cit~ Court of
~lacon.
Hefernd to ( \mnuittt>e on Rpecial .Judiciary.

By ::\Ir. Smiley of LongA bill to amend eharter of Tmnt of Ludowici. Referred to Committl.'e on Corporations.

B~ l\fuscogee DelegationA bill to amend charter of City of Columbus. Referred to Committee on Corporations.

Under the head of special orders and orders of the day,- the following bill was taken up for consid eration:

By Mr. \Vomble and others-
A bill to repeal an Act known as the Tax Equalization Law.
1\fr. F'leming called the previous question, and the call was sustained, and the main question was ordered.
l\Ir: -weaver offered the following amendment:

548

J OL'RXAI, OF THE SENATE

"To amend by adding a new paragraph to be numbered appropriately as follows:

''Sec. -. Be it further enacted by the authority aforesaid, That this Act shall become operative on January 1, 1923, and not before.''

On the adoption of the amendment, Mr. \Veanr called for the Ayes and Nays, and the call was sustained.
The roll call was orderPd and the vote was as follows:

Those voting in the affirmative were Messrs.:

Collum, J. M. Cone, Howell Davison, J. E. Ellis, R. C. Golucke, Alvin G. Hollingsworth, J. C. Hunt, T. M. Jackson, J. B.

Johns, G. A. Manson, Frank C. .Mills, J. H. Nix, 0. A. Rountree, J. L. Sheffield, R. H. TIIJI'pley, R. 0. TSJylor, Geo. W.

Thomas, James R. Walker, B. F. Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

Those voting in the negative were Messrs.:

Akin, L. R. Bellah, J. M. Boykin, James H. Brown, L. C. David, A. B. Fleming, Denis Fleming, W. 0.

Foy, John E. Haralson, Pat Holmes, R. H. Jones, John H. Jones, 0. K. Kimzey, Sam Lassiter, W. H.

Palmour, J. E. Peacock, C. H. Snow, Russell E. Thorpe, E. M. Wall, Dan

Those not voting were Messrs. :

Bond, Chas. N. Campbell, R. W. Childs, E. W. Colson, D. C.

Hutchins, H. C. Pope, David F. Richards, Will Ridley, Dr. C. L.

Stovall, E. B. :.\fr. President

Ayes 22, Nays 19.

The amendment was adopted.

THUR8DAY, JuLY 28, 1921.

549

The report of the Committee, which was favorable to the passage of the bill, was agreed to as amended.

~Ir. Brown moved that the bill be tabled.

~Ir. Akin called for the Ayes and X ays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akin, L. R.
Brown, L. C.
Cone, Howell
Ellis, R. c.
Fleming, W. 0.
Foy, John E.

Haralson, Pat Holmes, R. H. Jones, John H. Jones, 0. K. Kimzey, Sam Manson, Frank C.

Palmour, J. E. Peacock, C. H. Sheffield, R. H. Snow, Russell E. Wall, Dan

Those voting in the negative were Messrs.:

Bellah, J. M. Bond; Chas. N. Boykin, James H. Collum, J. M. David, A. B. Fleming, Denis Goluclie, Alvin G. Hollingsworth, J. C. Hunt, T. M.

Jackson, J. B. Johns, G. A. Lassiter, W. H. Mills, J. H. Nix, 0. A. Pope, David F. Rountree, J. L. Tarpley, R. 0. Taylor, Geo. W.

Thomas, James R. Thorpe, E. M. Walker, B. F. weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

Those not voting were Messrs. :

Campbell, R. W. Childs, E. W. Colson, D. C.

Davison, J. E. Hutchins, H. C. Richards, Will

Ridley, Dr. C. L. Stovall, E. B. Mr. President

Ayes 17, Nays 25.

The motion to table was lost.

550

JoUBNAI. oF THE SENATE

Mr. Nix moved that the Senate do now adjourn until tomorrow morning at 9 o'clock.
The hour of adjoumment having; arrived, the President announced the Senate adjourned until tomorrow morning at 10 o'clock.

FRIDAY, .JULY 29, 19:21.

551

SENATE CHAMBER, ATLANTA, GA.,
July 29th, 1921.
rhe Senate met pursuant to adjournment at o'clock A. M., and was called to order by tlw President.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
:\fr. :B-,oy, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found to be correct.
By unanimous consent, the reading of the journal of yesterday's proceedings was dispensed with.
At the request of 1\fr. \Yohlwcnder, House Bill 456 was read the second time and recommitted.
l\Ir. Fleming of the lOth asked unanimous consent 0
that the Senate reconsider its action in passing House Bill No. 346-
A bill to amend the charter of the City of Albany.
The consent was granted.
Mr. Cone asked unanimous consent that he be excused for next :\Ionday and Tuesday, and the consent was granted.
By unanimous consent the following bills were introduced, read the first time and referred to Committees:

55:2

Jov-RXAL oF THE SEKATE

By ~fr. Ridley-
A bill to revise laws creating Georgia State Board of Pharmacy.
Referred to the Committee on Hygiene and Sanitation.

By :Jfr. Jackson-
A bill to repeal an Act creating Board of Commissioners of Roads and Revenues for Jones County.
Referred to the Committee on Privileges and Elections.

By Mr. Taylor-
A bill to repeal an Act establishing City Court of Alma.
Referred to the Committee on Counties and County Matters.

The following bill was taken up for the purpose of concurring in the House amendment to the bill:

By :Jir. vVohlwender-
A bill to make the salary of the Solicitor of the Blue Ridge Judicial Circuit $6,000.
The House offered the following amendment:
Amend by striking the figures '' $6,000.00'' in lines 26 and 27 of the caption thereof, and in line seven, in line ten and in line twelve of Section One, and the words ''Six thousand dollars'' in line fifteen of Section One and insert in lieu thereof at each of said points, the figures $4,250.00.''

FRIDAY, JrLY 29, 1921.

553

By unanimous consent the House amcndme11t was concurred in.
The following resolution was read and adopted:
A RESOLUTIO~
B~, Senators Johns, C'la~', Jones of 37, Jackson, 'Yalker and Others.
"'"hereas, the General Assemhl~, of the State of Georgia has had under consideration an amendment to the Co11stitution of Georgia whieh proposes that the question he submitted to the people of Georgia \\'hether the present ad valorem system of taxation shall be abandoned in fa\'Or of a nc\Y S~'stem of taxation upon incomes, inheritanees, gross earnings, etc.
'Yhereas, this departure from a s~'stcm with which the people arc familiar should first recein at the hands of the General Assembly of Georgia a thorough, comprehensive stud~, and anal~'sis in the light of the experience of other States before being submitted to the people for ratifieation or rejection.
'Vhereas, by a studr and discussion of this subject the members of the General Assemhl~, of Georgia would he the better qualified to propose this question to the people of Georgia in a manner caleulated to produce the desired results without disturbing business eonditions, and without probable disastrous ,'results to the varied interests of the State, manufacturing, banking, agricultural and industrial, and to all other interests.
\fhereas, after such examination of the mh'ny question of law and fact im'olved in this proposal

554

.JorRXAL OF THE SExATE

and a free discussion thereof in the General AssPmbly of Georgia and in the press of the State, the electorate of Georgia would be much more familiar with all sides of the question and therefore hetter
qualified to pass upon this leg-islation.
"~hereas, all admit that the l"C'\enues of the StatP must be greater to maintain the institutions of Georgia in a manner in keeping \Yith tlw \Yealth and progress of the State.
-Whereas, it is the dt>sire and wish of tlw P~'o ple of Georgia that such s:stem or s:stPms lw de,ised or perfected as will hring about this result, but without an undue and mmecessar: clisturhaucP of business of enry kind in the State.
\Yhereas, under all conclitious and circumstances appropriations of ever: kind should be within tlw income of the State from all sources so that outgo should not hereafter exceed income.
\Yhereas, action on the proposed measure generally known as the income tax bill can not be of an: final benefit or Yalue at this session of the General Assembly inasmurh as the whole matter must he submitted to the people of Georgia at a gt'neral election to be held after the regular St'ssion of the General Assembly of 1922.
\Vhereas, no time will be lost in submitting the proposal to the people b: deferring action until the session of 1922.
\Yhereas, there are only ten more working da:s of the session of 1921 in whirh to consider the gPu-

~'RIDAY, JULY 29, 19:21.

555

eral tax Act and the appropriatio n bill and the numerous Senate and House bills and resolutions includin the proposal to permit the Governor to pledge the rentals of the 'Yestern and Atlantic Railroad for funds with which to coYer the present deficit in the State Treasury.
'Vhereas, it is manifestl~ impossible in that length of time to giYe full, fair and intelligent consideration to the business before the General Assembly nor to act with wisdom, justice and moderation on such a proposal as inYolves a complete change in the system of taxation in Georgia.
Therefore, be it resohed by the General Assembly of Georgia, that action on the income tax measures before the General Assembly be postponed until the session of 1922, and that for the purpose of evolving a system of taxation which will meet the needs of the State and distribute the burdens of taxation upon all classes equitably a joint committee shall be, and the same hereby is, appointed as follows: I;'ive (5) from the Senate to be appointed by the President of the Senate; ten (10) from the House of Representatives to be appointed by the Speaker of the House of Representatives of Georgia; and to this joint committee of the Senate and House shall be referred all measures in the House or Senate relative to the said proposed change of tax systems, and this joint committee is hereby authorized to consider all such measures in vacation and to make a report of sueh bill for the consideration of the General Assembl~ as may be deemed proper on the first day of the session of 1922, and

556

JoL'T.C\L oF THE SEXATE

the said joint committee shall receive the regular per diem for the days actuall~ in session in the work provided for in this resolution.

J\fr. Ellis of the -!7th District, Chairman of the Committee on Public Roads, submitted the following report:

J1 r. President:
Your Committee on Public Roads has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bill Xo. 119 do pass, and Senate Bill Xo. 133 do pass. Senate Bill No. 127 do pass.
Respectfully submitted,
ELLIS of the -!7th District, Chairman.

.:\Ir. 0. K. Jones, Chairman of the CommitteP on Public Library, submitted the following report:

Jlr. President:
Your Committee on Public Librm~ has hacl undPr consideration the following bill and instructed nw, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Resolution 69. J o~Es of 6th, Chairman.

The following resolution was read and adopted:

FRIDAY, JuLY 29, 1921.

557

By .:\Ir. \Vorthy of Quitman-
A bill to require the State Librarian to furnish the Clerk of Superior Court of Quitman.

The following bills, favorably reported, were read the second time :

By .Messrs. Bellah, Cone and Pope-
A bill to regulate the operation of motor vehicles, etc., upon public streets and highways of this State.

By Mr. AlansonA bill to amend Act known as Motor V chicle law
in Georgia.
The following nwssage was received from the House throug-h :Jlr. ;\Ioorc, the Clerk thereof:

Jlh. P1eside-nt:
The House has passed by the requisite constitutional majority the following bill of the Senate, to wit:
A bill to make the salary of the Solicitor-General of Blue Ridge Circuit $6,000.

The following message was received from the House through l\lr. .:\Ioore, the Clerk thereof:

M'r. President:
The House has read and adopted the following resolutions of the Senate, to wit:

558

J OURXAL OF THE SENATE

A resolution requesting portraits of ex-Governors Hoke Smith, Joseph :\I. Brown and Hugh :\I. Dorsey.
A resolution requesting portrait of Honorable Frank P. Rice.
A resolution presenting Atlanta Chapter of Daughters of the Confederary with a portrait of Gen. John B. Gordon.
A resolution providing for appointment of a joint committee from the Senate and House to investigate bills to establish a Board of Regents for the University of Georgia aud its branches.

The following message was received from the House through :\Ir. :\Ioore, the Clerk thereof:

Mr. President: The House has passed b~ the requisite eonstitu-
tional majority the following hills, to wit:
A bill to amend an Act to incorporate the City of Blackshear.
A bill to repeal an Act to establish the Cit~ Court of Ashburn.
A bill to amend an Act relative to holding Atkinson Superior Court.
A bill to amend the charter of the City of :\fonroe.
A bill to provide a new form of government for the City of Dalton.
A bill to amend the charter of the City of Douglas.

FRIDAY, .JeLY 29, 1921.

559

The following message was received from the House through ~fr. ~fome, the Clerk thereof:

Mr. PrPsidPnf:
The House has passed b~ the requisite constitutional majority the following bills, to wit:
A hill to rreate and establish the City Court of Barnesville in and for Lamar Count~.
A hill to provide for deficiencies in appropriations for salaries of .Judges of Supreme Court of Appeals, Superior Courts and Supreme Court and Courts of Appeals Secretaries.
A bill to lev~ and collect annuall~ a tax on real and personal propert~ in addition to ad valorem tax.
A bill to prohibit monopolies and combinations in restraint of trade.
A bill to regulate the use of motor vehicles and motorc~cles upon the public streets and highwa~s of this State.

The following message was received from the House through ~Ir. ~loore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to establish a new charter for the Cit~ of Elberton.

The following bills were read the first time and referred to Committees:

560

JO"l'RXAL OF THE SEXATE

By Clarke Delegation-
A bill to provide for certain deficiencies m appropriations.
Referred to the Committee on Appropriations and Finance.

By }Ir. Bush of L{lmarA bill to create Cit~- Court of BarnesYille. Referred to the Committee on Special .Judieiar~-.

By Mr. Branch of TurnerA bill to repeal Act establishing Cit~- Court of
Ashburn.
Referred to the Committee on Special .Judieian.

By :3Ir. Swift of ElbertA bill to amend Act creating charter for l<~lher
ton.
Referred to the Committee on Corporatio11s.

By l\Ir. Brantley of PierceA bill to amend Act creating and incorporating
City of Blackshear. Referred to the Committee on Corporations.

By :3Ir. Quincy of CoffeeA bill to amend charter of Douglas, Georgia. Referred to the Committee on Corporatio11s.

FRIDAY, JULY 29, 1921.

561

By \Yalton DelegationA bill to amend charter of City of Monroe. Referred to the Committee on Corporations.

By l\fr. Bradford of \Vhitfield-
A bill to proYide a new form of government for Dalton, Georgia.
Referred to the Committee 011 Corporations.

By :\Ir. DuBose of Clarke and :\Ir. Culpepper of Fayette-
A bill to levy and collect taxes on real and personal roperty in addition to the ad Yalorem tax.
Referred to the Committee on Appropriations and Finance.

By Mr. l~owler of BibbA bill to prohibit monopolies and combinations in
restraint of trade.
Referred to Committee on Corporations.

By ~Iessrs. Hatcher and Perkins of Muscogce-
A bill to regulate the use of motor Yehicles, etc., on public streets.
Referred to Committee on Public Roads.

By :Mr. Corbitt of Atkinson-
A bill to amend Act as to holding Atkinson Superier Court.
Referred to Committee on Special .Judiciary.

562

JouRXAL oF THE SEXATE

The following House bills were read the third tin1e and put upon their passage:

By Mr. Penland of Gilmer-
A bill designating Ellija~-, Georgia, as a State depository.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By ~fr. Sibley of Bacon-
A bill to make Alma a State depository.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, 1\ays 0.
The bill having receind the requisite constitutional majority was passed.

By Mr. Folsom of Montgomery-
A bill making Alston a State depository.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were 40, Nays 0.

FRIDAY, JuLY 29, 19:21.

563

The bill having received the requisite constitutional majority was passed.

By Chatham Delegation-
A bill to amend Acts relating to Mayor and Aldermen of Savannah.
The report of the Committee, which was favorable to the passage of the bill, was ap:reed to.
On the passage of the bill the .Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By :\Ir. Foy of Taylor-
A bill to prevent certain people from voting m Taylor County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Collins of Cherokee-
A bill to create a special Board of Commissioners for Cherokee County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

564

.JOURXAL 01!' THE SEXATE

On the passage of the bill the Ayes were -1:0, Nays Q.
The bill having received the requisite constitutional majority was passed.

By Mr. .:\fills-
A bill to amend Act creating the office of Commissioners of Roads and Revenues for Butts County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By .:\Ir. Fleming of 8th-
A bill to fix the fees of Sheriffs of this State in certain counties.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, N"ays 0.
The bill ha,ing received the requisite constitutional majority was passed.

By Mr. Clay and ~Ir. David-
A bili to reorganize and reconstitute the State High,vay Department.
The report of the Committee, which was favor able to the passage of the bill, was agreed to.

FRIDAY, JrLY 29, 19:21.

565

On the passage of the bill the Ayes 'vere 40, Nays 0.
The bill having received the requisite constitutional majorit~- was passed.

Under the head of unfinished business the following bill was taken up for consideration:

By l\fr. \Yomble et al-

A bill to repeal an Act known as the tax equalization Act.
On yesterday the pre,ious question was ordered and the main question was ordered.

}lr. Nix moved that the Senate reconsider its action on yesterday in calling the previous question.
l\Ir. Snow called for the previous question.

Mr. :Nix called for the Ayes and Xays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Akin, L. R. Bellah, J. M. Childs, E. W. Cone, Howell Davison, J. E. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Holmes, R. H.

Johns, G. A. .Jones, John H. Jones, 0. K. Kimzey, Sam Lassiter, W. H. Manson, Frank C. Mills, J. H. Palmour, J. E. Peacock, C. H. Richards, Will Ridley, Dr. C. L. Rountree, J. L.

Sheffield, R. H. Snow, Russell E . Stovall, E. B. Trurpley, R. 0. Truylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Weaver, J. D. Wohlwender, Ed

566

JouRXAL oF THE SEXATE

Those voting in the negative were Messrs. :

Bond, Chas. N. Boykin, James H. Collum, J. M.

Ellis, R. C. Hunt, T. M. Nix, 0. A.

Womble, M. D.

Those not voting were Messrs. :

Brown, L. C. Campbell, R. W. Colson, D. C. David, A. B.

Hutchins, H. C. .Jackson, .J. B. Pope, David F. Wall, Dan

Williams, Wiley :\Ir. President

Ayes 34, Nays 7.

The call for the previous question was sustained.

On the motion to reconsider )fr. Kix called for the Ayes and Nays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bond, Chas. N. Boykin, James H. Collum, .J. iM. David, A. B. .Golucke, Alvin G. Hollingsworth, J. C. Hunt, T. M.

.Johns, G. A. Lassiter, W. H. Mills, J. H. Nix, 0. A. Pope, David F. Ridley, Dr. C. L. T81rpley, R. 0.

T~ylor, Geo. W. Thomas, James R. Williams, Wiley Wohlwender, Ed Womble, M. D.

Those voting in the negatiw were Messrs.:

Akin, L. R. Bellah, J. M. Childs, E. W. Cone, Howell Ellis, R. C. Fleming, Denis

Fleming, W. 0. Foy, John E. Holmes, R. H. .Jones, John H. Jones, 0. K. Kimzey, Sam

Sheffield, R. H. Snow, Russell E. Thorpe, E. M. 'Veaver, J. D.

FRIDAY, .JuLY 29, 1921.

567

Those not voting were Messrs. :

Brown, L. c. Campbell, R. w. Colson, D. c.
Davison, J. E.
Haralson, Pat
Hutchins, H. C.

Jackson, J. B. Manson, Frank C. Palmour, J. E. Peacock, C. H. Richards, Will Rountree, J. L.

Stovall, E. B. Walker, B. F. Wall, Dan Mr. President

Ayes 19, Nays 16.

The motion to reconsider prevailed.
::\Ir. Cla) moved that when the Senate adjourn toda~ it stand adjourned until 10 o'clock l\fonday morning, and the motion prevailed.
The hour of adjournment having arrived, the President announced the Senate adjourned until ::\Ionday morning at 10 o'clock.

568

J OliRX AL OF THE SEX ATE

SEXATE CHAMBER, ATLAXTA, GA., August 1st, 1~)21.

The Senate met pursuant to adjournment at 10 o'clock A. ".:\f., and was called to order by the President.
Prayer was offered by the Chaplain.

l\fr. Brown asked uninamous consent that the call of the roll be dispensed with.
l\Ir. Xix objected.

The roll call was ordered and the following Senators answered to their names:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Johns, G. A. Jones, John ,H. Jones, 0. K. Kimzey, Sam Lassiter, W. H. :Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H.

Richards, Will Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Tarpley, R. 0. Truylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Womble, M. D. Mr. President

1\Ir. Mills, Vice-Chairman of the Committee on Journals, reported that the journal of Frida~ 's proceedings had been examined and found to he correct.

MoxDAY, A-cGT:~ST 1, 1921.

569

~lr. Jones of 6th, Chairman of the Committee on Public Library, submitted the following report:

Jlr. P rfsident:
Your Committee on Public Library has had under consicleratim! the following bill of the Senate and instructed me, as their Chairman to report the same back to the Senate with the recommendation that
the same do not pass, to wit:
Senate Bill No. 83. J oxEs of 6th, Chairman.
CAl\IPBELL, Secretar~'

l\fr. Fleming, 10th, Chairman of the Committee on Commerce and Labor, submitted the following report:

Mr. Preside11t:

Your Committee on Commerce and Labor has had under consideration the following bill of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

Senate Bill Xo. 158.

"F'LEl\nxc:, Chairman.

~Ir. Richards, Chairman of the Committee on Counties and County l\fatters, submitted the following report :

Mr. President: Your Committee on Counties and County ::\Iatters

570

JouR~AL oF THE SEKATE

has had under consideration the following bills of the House and Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bill No. 153. House Bill No. 78. House Bill No. 79. House Bill No. 101. House Bill No. 42. Senate Bill No. 149. Senate Bill No. 150. Senate Bill Ko. 161. House Bill No. 424. House Bill No. 423. House Bill No. 43. House Bill K o. 15.
Respectfully submitted, RrcHARos, Chairman.

1Ir. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills and resolutions of the House and instructed me, as their Chairman,

MoxDAY, A "LG"LST 1, 1921.

571

to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 60. House Bill Xo. 406. House Resolution X o. l ~).
GoLUCK~~, Chairman.

By unanimous consent the reading of the journal of Friday's proceedings was dispensed with.
::\Ir. Golucke asked unanimous consent that House Bill 17 and Senate Bills 43 and 44, having been adversely reported by the Committee on Banks and Banking, be recommitted to the Committee on Banks and Banking, and the consent was granted.
}lr. Johns asked unanimous consent that twenty minutes be set aside for the passage of local uncontested bills, and the consent was granted.

The following bills, favorably reported, were read the second time :

By Mr. Taylor-
A bill to repeal Act establishing City Court of Alma.

By )Jr. Fleming-
A bill to prohibit any s1gn or device resembling
railway crossing signboards along or near any public highway.

572

J OURXAL OF THE fiE X ATE

By Mr. TaylorA bill to repea'l Act authorizing Ordinan of Ba-
con County to collect special tax.
By i\fr. RidleyA bill repealing Act creating Board of Commis-
sioners of Roads and ReYenues for .Jasper Count~.

By .:\Ir. Ridley-
A bill to create a Board of Connnissim10rs of Roads and ReYenues for Jasper County. B~ Messrs. Brmn1 and Boabn-ight of Emanuel-
A bill to create a Board of Commissioners of Roads and Rev0nues in Emanuel Count~.

By .:\fr. Collier of Stephens-
A bill to create office of Commissioner of Roads
and ReYenues for Stephens.
B~ Mr. Collier of StephensA bill to repeal Act creating Board of Commis-
sioners of Roads and Revenues for Stephens Count~.
B~ .:\Ir. Brauch of TurnerA bill to amend an Act establishing Cit~ Court
of Ashburn.
By ~fr. Reagan of HenryA bill to repeal Act creating the office of Com-
missioners of Roads and ReYcnucs for Hem~ County.

MoNDAY, ArarrsT 1,1921.
By :Mr. Reagan of HenryA bill to create a Board of Commissioners of
Roads and Revenues of Henry County.
B~, ::\Ir. Quincy of CoffeeA bill to repeal Act providing for the election of
the Executiw Committee of all politieal parties in Coffee County.
By ~[r. Ji'leteher of IrwinA bill to abolish fcc system existing in the Supe-
rior Courts of Cordele Judirial Cirruit.
By 2\Ir. Swift of ElbertA bill to amend Aet entitled Elbert Board, of Com-
missioners.
By ::\[r. Swift of ElbertA bill to amend Act proYiding Board of Commis-
sioners of Elbert Count~-.
By :Mr. Henderson of \VhiteA resolution rclif'Ying rertain men as sureties. The following mC'ssage was received from thC'
House through ~[r. ~[oore, the Clerk thereof:
1llr. President: The House has read and adopted the following
resolutions, to wit: A resolution to re-C'stablish l\frs. Elizabeth Sherly
as a pensioner for the year 1919.

574

JouRNAL OF THE SENATE

A resolution authorizing State Board of Entomology to purchase calcium arsenate.
A resolution providing for the Committee on Reapportionment to meet during recess.

The following message was recei\ed from the House through ::\Ir. Moore>, the Clerk thereof:

Mr. President:
The House has passed b~ the requisite> eonstitutional majorit~ the following bills of the Se11ate, to wit:
A bill submitting to Yoters of Marietta the question of a bond issue for extending sewerage.

By Substitute-
A bill to amend an Act to ereate a Board of Architects for examination, ete.
A bill establishing the City Court of }-,itzgerald, in the County of Ben Hill.

The following message was recehed from the House through l\fr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills to wit:
A bill to amend an Act to create the offiee of Commissioner of Roads and Rewnues for Dodge Count~-.
A bill to amend the eharter of the City of PineParks.

MoKDAY, AL"GU!:;T 1, 1921.

575

A bill to create a State luyestigating and Budget Committee.
A bill to create .a Board of Commissioners for the County of Franklin.
A bill to amend an Act incorporating the City of Folkston.
rrhe following message was receiYed from tho House through ~fr. Moore, tho Clerk thereof:
1.11r. President:
Tho House has passed b~' the requisite constitutional majority the following bills, to wit:
A bill to create a new charter for the City of Eastman.
A bill to amend an Act to crea.te a new charter for tho City of ~~t. Airy.
A bill to amend tho charter of the City of Cordele.
A bill to empower officials of Valdosta to repave and regrade streets, etc.
A bill to amend the charter of the City of East Point.
A bill to create a Board of Commissioners for Jasper County.

The following -messag:e was received from the House through :\Ir. Moore, the Clerk thereof:
Mr. President: The House has passed by the requisite constitu-
tional majority the following bills, to wit:

576

J OL'RN AL OF THE SEN ATE

A bill to prohibit aliens and alien corporations from keeping dangerous explosives.
A hill to regulate the signing of criminal bonds h~ professional bondsmen.
A hill to amend the charter of the City of \Yadle~ in Jefferson County.
A bill to authorize Game and }'ish Commissioner to fix open seasons for migrator~- birds.
A bill to amend Section 594 of Penal Codl of 1910, relative to hunting season.
A bill to provicll time for presenting eross hills of exception, and for other purposes.

The following message was receiv('cl from the House through ~Ir. 1\foorc, the Clerk thereof:

Mr. President:
The House has passed hy the requisite constitutional majority the following bills, to wit:
A hill to repeal an Act creating the iudepelllleut local school s~stem of J\filltown in Lanier Count~.
A hill to provide for appearance of pen;ons hy gi\ing cash bonds for bailable offenses.
A bill to empower plauuing Commissiomrs in certain counties to supervise sub-divisions.
A bill to repeal an Act establishing a public school system for the Town of Villa Rica.
A bill to amend au Act codifying the puhlic school laws of the State of Georgia.

MoNDAY, A-r:ausT 1, 1921.

577

A bill concerning the shipping and loading of watermelons in the State of Georgia.
The following message was received from the House through )fr. Moore, the Clerk thereof:

1l1r. President:
The House has passed b~~ the requisite constitutional majorit~ the following bills, to wit:
A bill to repeal an Act to create a Board of Commissioners of Roads and Ren'nues of Franklin County.
A bill to amend the charter of the City of Meigs.
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues of :1\Iontgomer~ County.
A bill to repeal an Act relative to officers of Charlton County paying officers of St. George certain taxes.
A bill to repeal certain Acts relative to the public school system of the Town of Sylvania.

The following message was received from th:J House through ~Ir. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bill, to wit:
A bill to amend Section 1087 Code of Georgia, 1911, relative to taxation of submerged lands.

578

JouRNAL oF THE SENATE

A bill to authorize fire insurance companies to reinsure against losses by fire, etc.
A hill to repeal an Act to authorize officials of Charlton County to pay officials of Homeland certain taxes.
A bill to proYide for fees and compensation of Ordinary of Lanier County.
A bill to repeal an Act to create a Board of (~om missioners of Roads and ReYenues of Jasper County.

The followiug message was received from the House through Mr. ~Ioorc, the Clerk thereof:

Jlr. President:
The House has passed b~ the requisite constitutional majority the following bills, to wit:
A bill to amend au Act abolishing fee system in Superior Courts Atlantic Judicial Circuit as applied to Solicitor-General.
A bill to amend Section 5248 Civil Code of 1910, relatiYe to how dower"may be assigned.
A bill to amend Act allowing authorities of Decatur to assess entire cost of street improvements to abutting property owners.
A bill to abolish local school system m City of wadley, Jefferson County.
A bill to repeal present public school system of Town of Temple, Georgia.

MoNDAY, AuGusT 1, 1921.

579

The following House bills and resolutions were read first time and referred to Committees:

By ~fr. Gunnells of Franklin-
A bill to create a Board of Commissioners of Roads and Revenues for Franklin County.
Referred to the Committee on Counties and Count~' ~I atters.

By Mr. Horne of Dodge County-
A bill to amend an Act to create the office of Commissioner of Roads and Revenues in and for Dodge County.
Referred to the Committe<' on County and County l\fatters.

By .Mr. Folsom of .\Iontgomery-
A bill to repeal an Act cr!'ating a Board of Commissioners of Roads and Revenues for the County of Montgomery.
Referred to the Committee on County and County Matters.

By Mr. Pickren of Charlton-
A bill to repeal an Act to require and authorize the Board of Commissioners of Roads and Revenues of Charlton County to pay the l\fayor and Council of St. George tax.
Referred to the Committee on County and County Matters.

5RO

.JorRXAL oF THE REKATE

By Mr. Pickren-
A bill to repeal au Act to require and authorize the Board of Commissioners of Roads and Revenues of Charlton County to pay ad valorem tax to ~Iayor of Homeland.
Referred to the Committee on County and County .\fa tiers.

By .:\Ir. Philips of Jasper-.
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper.
Referred to the Committee on County and County Matters.

By Mr. Philips of Jasper-
A bill to create a Board of Commissioners of Roads and Revenues for the Count~T of .Jasp~r.
Referred to the Committee on Count~ and ( 'ounty Matters.

By Mr. Gunnells of Franklin-
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the Count~, of Franklin.
Referred to the Committee on County and County Matters.

MoNDAY, AuausT 1, 1921.

;)81

By Mr. Pickren of Charlton-
A bill to amend an Act to incorporate the City of Folkston, Charlton County.
Referred to the Committee on Corporations.

By .Mr. Jones of :\IaclntyreA bill to amend charter of :\Ieigs. Referred to the Committee on Corporations.

By ~Ir. Grant of Habersham-
A bill to amend an Act relating to charter of .:\It. Airy, Georgia.
Referred to the Committee on Corporations.

By 1\Ir. Horne of Dodge-
A bill to create a new charter for the City of Eastman.
Referred to the Committee on Corporations.

By Mr. Singletary of Grady-
A bill to amend an Act to amend the <'harter of Pine Park.
Referred to the Committee on Corporations.

By .:\Ir. 'Vhitaker of Lowndes-
A bill to authorize and empower the .:\Iayor and Council of Valdosta to establish and change the grade of any streets, ayenues, alleys, lanes, etc.
Referred to the Committee on Corporations.

582

.JOURNAL OF THE SENATE

By l\Ir. King of JeffersonA bill to amend the charter of the City of \Yadley. Referred to the Committee on Corporations.

By Mr. B~rrd of CrispA bill to amend the charter of the City of Cordel<'. Referred to the Committee on Corporations.

By Mr. Beckham of Dougherty-
A bill to authorize the State Game and Fish Commissioners to fix and declare open seasons for migratory birds.
Referred to the Committee on Game and Fish.

By Mr. l\Iason, Mr. Nickols, :\Ir. Moore-
A bill to amend an Act codifying school laws of Georgia.
Referred to the Committee on Education.

By l\1f Guess and ~Ir. .JicClellaucl of DeKalb-
A bill to amend an Act relative to Town of D.!catur.
Referred to the Committee on Corporations.

By Mr. Duncan and :\Ir. Lankford of Hall-
A resolution to re-establish Mrs. Elizabeth Shirley as a pensioner for the year 1919.
Referred to the Committee on Pensions.

MoNDAY, A V"G"CST 1, 1921.

583

By Mr. Vocelle of Camden-
A bill to amend Section 5248 of the Civil Code of Georgia.
Referred to the Committee on General Judiciary No.1.

By l\Ir. \Vall of Putnam-
A resolution authorizing State Board of Entomology to purchase calcium arsenate for use of farmers.
Referred to the Committee on Agriculture.

By Mr. Mundy of Polk-
A bill to create and establish a State Investigating and Budget Commission.
Referred to the .Committee on Appropriation and Finance.

By l\fr. Smiley of Long-
A bill to amend an Act to abolish fee system now existing in the Superior Courts of the Atlantic Judicial Circuit.
Referred to the Committee on Special Judiciary.

By Mr. Blalock of ware-
A bill to amend Section 1087 of the Code of Georgia of 1911.
Referred to the Committee on General Judiciary N'0. 1.

584

J OURKAL OF THE SEKATE

By .:\Ir. Perkins of Muscogec-
A bill to provide time for presenting cross bills of exception.
Referred to the Committee on General Judiciary No.1.

By Mr. Beckham of DoughertyA bill concerning the loading, shipment and sale
of watermelons.
Referred to the Committee on Agriculture.

By ~Ir. Dobbs of CobbA bill to provide bail for the appearance of per-
sons charged with the offense of a misdemeanor. Referred to the Committee on Special Judiciary.
By l\Ir. Smith, Mr. way, Mr. Smiley, l\Ir. Parrish-
A bill to amend Section 594 of Penal Code Park's Supplement.
Referred to the Committee on Game and Fish.

By Mr. .:\Ioore of F'ultoiiA bill to amend an Act relating to eharter of Cit~
of East Point.
Referred to the Committee on Corporations.

By Jlr. Patten of LanierA bill to repeal No. 363 Act of Acts of 1916, ere-

MoxDAY, At:G"Lt;T 1,~1921.

585

ating the independent local school systt>m of ~fill town.
Referred to the Committee on Educ.ation.

By Mr. Dobbs of Cobb, ~lr. Hunter of Chatham-
A bill to empower Secn'tar~ of State of Georgia to grant to fire insurance eompanies authority to roYer h~ their polieies, losses asrrihahle to lightning, explosions, etr.
R<.'ferr<.'d to the ( 'ommittN' on fnsurance.

B~ :\lr. Ringletary of Grad~-
A bill to r<'gula te the signing of criminal bonds by professional bondsmen.
Referred to tlw Committee on..-Special .Judiciary.

By .:\[r. Tison and 2\f r. Ll'Wis-
A bill to repeal eertain Arts relative to the public school s~stem of the Town of Syhester, worth County, Georgia.
Referred to the Committee on Education.

By ~lr. Smith and I\fr. Beck of Carroll-
A bill to repeal present public school system of Town of Temple, Ga.
Referred to tlw Committee on Education.

By l\Ir. King of Jefferson-
A bill to abolish the loeal sehool s~stem m and for the City of \Vadley, ,Jefferson Count~.
RefeiTPd to the <'ommittee on F~duration.

586

J OURX AL OF THE SE~ATE

By .:\Ir. .:\Io01e, Mr. Hallowa, l\Ir. Bentley of .B~ul ton-
A bill to empower Planning Commission to supervise sub-divisions in counties of more than 200,000 population.
Referred to the Committee on Corporations.

By .:\Ir. Patten of Lanier-
A bill to provide for and define the fees and com-
pensation of the Ordinar~- of Lanier Count~-.
Referred to the Committee on County and ( 'ount: Matters.
By ::\Ir. Smith and .:\Ir. Beek of Carroll-
A bill to repeal. an Act establishing a s:stpm of
public schools for the Tmm of Yilla Rica, Georgia.
Referred to the Committee on Education.

By ::\Ir. McClure and Mr. Hamilton-
A bill to prohibit all aliens, or Hon-residPnt persons, companies, etc., from stori11g or keeping d:Jmmite and gun powder, etc., in the State.
Referred to the Committee on Agriculture.

The following Senate resolution w~t's read the first
time and referred to Committee:

By .l\Ir. Boykin of 29th-
A resolution to relieve .J. J. Price as surct~- on :< bond.
Referred to the Committee on Special Judiciary.

Mo~DAY, ..\uau~T 1, 1921.

587

The following resolution was read and adopted:

A RESOLUTlOX
By Senator Fleming of lOth, Cone of 49th, and Clay of 39th.
\Yhereas, our honored and beloved Secretary, Hon. D. F'. ~lcClatchey, entertained the Senate of Georgia in a barbecue and dinner and general good time on yesterday, and
\Yhereas, the entire Senate enjoyed every minute of their stay with their belond Secretary,
Be it resolved, that we not only thank him and his for this magnificent entertainment, but wish him God-speed in the path,Ya~'S of life, and endorse him to the people of Georgia as the most efficient Secretary and Senate in any State, or Government, ever had.
The following resolution was read and adopted:

By Mr. \Yoodard of Cook-
A bill for the Committee on Reapportionment of the House and Senate to meet during recess.

The following bills were read the third time and put upon their passage:

By 1\Ir. Beckham-
A bill to amend Acts creating new charter for Albany, Ga.
The report of the Committee, which :was favorable to the passage of the bill, was agreed to.

588

JouRXAL m' THE SEKATE

On the passage of the bill the Ayes were 39, Kays 0.
The bill having received the requisite constitutional majorit~r was passed.

By l\fr. Y ocelle of Camden-
A bill to amend Section 189~) of Uode relative to pilots for the port of St. Mar~ 's.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite coustitu- tional majority was passed.

By Mr. Beckham of Dougherty-
A bill to provide for a record book in eaeh eouuty of the State.
The report of the Uonunittee, whieh was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite eonstitutional majority was passed.

By Mr. Vocelle of Camden and Mr. Pickens of Charlton_:_
A bill ereating a pennanent Commission in Georgia.

MoNDAY, AcGusT 1, 1921.

589

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 27, 1\ays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Akin-
A bill to amend Act relatiYe to taking shad from the waters of Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 381 Nays 0.
The bill having received the requisite constitutional majority "as passed.

By Messrs. }!ills and \VeaYer-
A bill to promote the intelligent and orderly marketing of agricultural products.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 39, )Jays 0.
The bill having received the requisite constitutional majority \\'as passed.

The following bill was read the third time and put upon its passage:

590

JouRNAL OF THE SENATE

By ~Ir. Hutchens-
A bill to amend an Act reorganizing the military forces of this State, etc.
The Committee offered the following amendment:
''Amend by inserting in line 8 of Section 1 thereof, after the words 'thirty-four,' the words, and to further amend the said section by inserting in line 8 of said Section 3, after the words, 'National Guard of Georgia,' the words 'or shall have served for the period of twelve months in the army or m1v~- of the United States during the war with the Central Powers of Europe'; and further by inserting in line 16 of said Section 1 of said bill, after the words, 'National Guard of Georgia,' the words 'or shall have served for the period of twelve months in the arm~ or navy of the United States during the war with the Central Powers of Europe.' ''
The amendment was adopted.

The report of the Committee, '"hich was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the Ayes were 26, the Kays were 0.
The bill having received the requisite constitutional majority was passed.

The following bill was taken up for consideration under the head of unfinished business:

MoxDAY, A rG"LST 1, 1921

591

By ~Ir. \Yomhle, et al-
A hill to repeal an Act known as the tax equalization act.

jfr. Jones of 37th called for the preYious question.

l\fr. :Jix called for the Ayes and K a~s, and the call was sustained.

The roll call was ordered and the Yote was as follm,s:

Those yoting in the affirmative were Messrs.:

Bellah, J. M.
Brown, L. c.
Childs, E. W.
Ellis, R. c.
Fleming, Denis
Fleming, w. 0.

Jones, John H. Jones, 0. K. Kimzey, Sam Palmour, J. E. Peacock, C. H. Sheffield, R. H.

Snow, Russell E. Thomas, James R. Wall, Dan Weaver, J. D. Mr. President

Those Yoting in the negative were Messrs.:

Bond, Chas. N. Boykin, James H. Collum, J. M. David, A. B. Hunt, T. M. Jackson, J. B.

Johns, G. A. Lassiter, W. H. ~lills, J. H. Nix, 0. A. Ridley, Dr. C. L. Rountree, J. L.

T3irpley, R. 0. TaJylor, Geo. W. Walker, B. F. Womble, M.D.

Those not voting were Messrs. :

Akin, L. R. Campbell, R. W. Cone, Howell Colson, D. C. Davison, J. E. Foy, John E.

Goluckc, Alvin G. Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hutchins, H. C. Manson, Frank C.

Pope, David F. Richards, Will Stovall, E. B. Thorpe, E. M. Williams, Wiley Wohlwender, Ed

Ayes 17; Nays 16.

Tlie call for the previous question was sustained.

592

.To"CRXAL oF THE SEXATE

::\fr. Kix moved that the Senate reconsider its action in sustaining tlte call for the previous question.

l\Ir. Nix called for the Ayes and 1\ays, and the call was sustained.

The roll call was ordered and the vote \\as as follows:

Those voting in the affirmative \\ere Messrs.:

Bellah, J. M. Bond, Chas. N. Boykin, James H. Collum, J. M. Golucke, Alvin G. Hunt, T. M.

Jackson, J. B. Johns, G. A. Lassiter, W. H. Mills, J. H. Nix, 0. A. Richards, Will

~idley, Dr. C. L. Rountree, J. L. Trurpley, R. 0. Taylor, Geo. W. Walker, B. F. Womble, M. D.

Those voting in the negatiw were Messrs.:

Brown, L. C. Childs, E. W. David, A. B. Ellis, R. C. Fleming, Denis !<~leming, W. 0. Haralson, Pat

Hollingsworth, J. C. Holmes, R. H. Jones, John H. Jones, 0. K. Kimzey, Sam Palmour, J. E. Peacock, C. H.

Sheffield, R. H.
Snow, Russell E.
/
Thomas, James R.
Wall, Dan
Weaver, J. D.

Those not voting were Messrs. :

Akin, L. R. Campbell, R. W. Cone, Howell Colson, D. C. Davfson, J. E.

Foy, John E. Hutchins, H. C. Manson, Frank C. Pope, David F. Stovall, E. B.

Thorpe, E. M. Williams, Wiley Wohlwender, Ed Mr. President

Ayes 18, N a~rs 16.

The motion to reconsider prevailed.

Mr. Nix moved that the Senate rcconsidt>r its action. on last Friday in adopting Senate Resolution Number 45.

MoNDAY, AuousT l, 1921.

593

~ir. Kix called for the Ayes and :Kays, and the call was sustained.

The roll call was ordered and the Yote was as follows:

Those voting in the affirmatiYe were Messrs.:

Bond, Chas. N. Collum, J. M. Johns, G. A.

Lassiter, W. H. Nix, 0. A. Sheffield, R. H.

Womble, 1\:I. D.

Those voting in the negative were Messrs.:

Bellah, J. M. Boykin, James H. Brown, L. C. Childs, E. W. David, A. B. Ellis, R. C. Fleming, Denis Fleming, W. 0. Golucke, Alvin G.

Holmes, R. H. Hunt, T. M. Jackson, J. B. Jones, John H. Jones, 0. K. Kimzey, Sam Mills, J. H. Palmour, J. E. Peacock, C. H.

Richards. Will Ridley, Dr. C. L. Rountree, J. L. Snow, Russell E. Trurpley, R. 0. Ta:ylor, Geo. W. Thomas, James R. Walker, B. F. Weaver, J. D.

Those not voting were Messrs. :

Akin, L. R.
Campbell, R. w.
Cone, Howell
Colson, D. c.
Davison, J. E.
Foy, John E.

Haralson, Pat Hollingsworth, J. C. Hutchins, H. C. Manson, Frank C. Pope, David F. Stovall, E. B.

Thorpe, E. M. Wall, Dan Williams, Wiley Wohlwender, Ed :\1r. President

Ayes 7, Nays 27.

J\.Ir. Johns asked unanimous consent that the Yerification of the roll call be dispensed with.

~ir. Xix objected.

.:\[r. Johns nwYed that the Ycrification of the roll call be dispensed with.

594

JouRNAL OF THE SEXATE

Mr. Nix called for the Ayes and Nays, and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, J. M. David, A. B. Fleming, Denis

Hunt, T. M. Jackson, J. B. Johns, G. A. Lassiter, W. H. Nix, 0. A. Palmour, J. E.

Ridley, Dr. C. L. Snow, Russell E. Taorpley, R. 0. Ta~ylor, Geo. W. Walker, B. F. Womble, M. D.

Those Yoting in the negatiYe were Messrs.:

Bellah, J. M. Fleming, W. 0. Golucke, Alvin G. Holmes, R. H.

Jones, John H. Kimzey, Sam Peacock, C. H. Sheffield, R. H.

Thomas, James R. Wall, Dan

Those not voting were Messrs. :

Akin, L. R. Brown, L. C. Campbell, R. W.
Cone, Howell Colson, D. C. Davison, J. E.
Ellis, R. c.
Foy, John E.

Haralson, Pat Hollingsworth, J. C. Hutchins, H. C. Jones, 0. K. Manson, Frank C. Mills, J. H. Pope, David F. Richards, Will

Rountree, J. L. Stovall, E. B. Thorpe, E. M. Weaver, J. D. Williams, Wiley Wohlwender, Ed Mr. President

Ayes 18, Nays 10.

The motion to dispense with the verification of the roll call prevailed.
On the motion to reconsider the Ayes were 7, the Nays were 27.
The motion was therefore lost.
.Mr. Rountree asked unanimous consent that he

MoKDAY, AuousT 1, 1921.

595

be allowed to cast his vote in favor of the bill at this time, and the consent was granted.
l'.fr. Clay asked unanimous consent that when the Senate adjourn today it stand adjoumed until tomorrow morning at 9 o'clock, and the consent was granted.
Mr. Thomas called for the previous question on Senate Bill 24.
Mr. Nix called for the Ayes and Nays, and the call was sustained.
~Ir. Jackson moved that the Senate do now adjourn.

Mr. Nix called for the Ayes and Xays, and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmati\e were Messrs.:

Bond, Chas. N. Boykin, James H. Campbell, R. W. Collum, J. M. Fleming, W. 0. Golucke, Alvin G. Hunt, T. M.

Jackson, J. B. Johns, G. A. Lassiter, W. H. Mills, J. H. Nix, 0. A. Peacock, C. H. Richards. Will

Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Ta;rpley, R. 0. Ta:ylor, Geo. W. Walker, B. F.

Those voting in the negative were Messrs.:

Bellah, J. M. Brown, L. C. Childs, E. W.

Ellis, R. C. Holmes, R. H. Jones, John H.

Jones, 0. K. Palmour, J. E. Wall, Dan .

596

JOUR~ AL OF THE SENATE

Those not voting were Messrs. :

Akin, L. R. Cone, Howell Colson, D. C. David, A. B. Davison, J. E. Fleming, Denis Foy, John E. Haralson, Pat

Hollingsworth, J. C. Hutchins, H. C. Kimzey, Sam Manson, Frank C. Pope, David F. Snow, Russell E. Stovall, E. B. Thomas, James R.

Thorpe, E. M. Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D. :VIr. President

Ayes 20, Nays 9.

The hour of adjournment having arrincl, the President announced the Senate adjourned until tomorrow mprning at 9 o'clock.

TuESDAY, AeGFST 2, 1921.

597

SENATE CHAMBER, ATLANTA, GA.,
August 2nd, 1921.

The Senate met pursuant to adjournment at 9 o'clock A. }L, and was called to order h~ the President.
Prayer was offered hy the Chapht'in.

~Ir. Mill sasked unanimous consent that the roll call he dispensed with.

.:\Ir. .Nix objected.

The roll call was ordered and the following Senators answered to their names:

Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C.
Childs, E. W.
Collum, J. M. Cone, Howell David, A. B. Davison, J. E. Fleming, Denis Fleming, W. 0. Foy, John E.

(}{)Iucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Hunt, T. lVL Jackson, J. B. Johns, G. A. Jones, John H. Lassiter, W. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Ridley, Dr. C. L.

Sheffield, R. H. Snow, Russell E. TaJrpley, R. 0. Truylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, lVI. D.

Mr. Foy, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found to be correct.
At request of :Mr. Golucke, House Bill 243 was withdrawn from the Committee on Special Judiciary, read the second time and recommitted to the Cori1mittee on Special Judiciary.

598

JOURXAL OF THE SEXATE .

At request of Mr. vValker, House Bill No. 363 was withdrawn from the Committee on Appropirations and Finance, read second time and recommitted to the Committee on Appropriations and Finance.
At request of Mr. Mills, House Bill 317 "as withdrawn from the Committee on Agriculture, read the second time and recommitted to the Committee on Agriculture.
By unanimous consent, House Bill 389 "as withdrawn from the Committee on Special Judiciary, read the second time and recommitted to the Committee on Special Judiciary.
Mr. Golucke asked unanimous consent that House Bill 502 and House Bill 503 be withdrawn from the Committee on Special Judiciary, read the second time and recommitted to the Committee on Special Judiciary, and the consent was granted.
l\Ir. Nix asked unanimous consent that all Senators having bills to introduce be allo~wed to do so at this time, and the consent was granted.
Mr. \Vohlwender asked unanimous consent that thirty minutes be devoted to the passing of local uncontested bills and general bills with a local application, and the consent was gr~t"nted.

The following bills were read the third time and put upon their passage:

By Mr. Ridley-
A bill creating a Board of Commissioners of Roads and Revenues for Jasper County.

TUESDAY, AuausT 2, 1921.

599

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Ridley-

A bill to repeal Act creating a Board of Commissioners of Roads and Revenues for Jasper County.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Ayes were 38,

Nays 0.



The bill having received the requisite constitutional majorit~ was passed.

By Mr. Taylor-
A bill to repeal Act authorizing Ordinary of Bacon County to collect a special tax.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Taylor-
J~ bill to repeal Act establishing City Court of Alma.

600

JOURNAL OF THE SENATE

'fhe report of the Committee, which was fmorable to the passage of the bill, was agreed to.
On the passage of the bill the ~-\yes were 26, Xays 0.
rrlw bill having received the requisite constitutional majority was passed.

By Mr. Reagan of Henry-
A bill to repeal Act creating office of Commissioner of Roads and Revenues of Henry County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the. Ayes were 30, Xays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Reagan of Henry-
A bill creating a Boar<l of Commissioners of Roads and Revenues of Henry County.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the hill the AyPs were 41, ~ays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Fletcher of IrwinA bill to amend Act abolishing the fee system now

TuEsDAY, A1:c.1:sT 2, 1921.

601

Pxisting in the Superior Court of Cordele Judicial Circuit.
The report of the Committee, which was fayorabh to the passage of the bill, was agreed to.
On the passage of the bill the A~'es were 34, Xa~s 0.
The bill haYing received the requisite constitutional majorit~- was passed.

By Messrs. Kittrell and \Vimberl~- of Laurens-
A bill to create Board of Harbor, Port and Terminal Commission for Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A~es were 39, ~ays 0.
The bill having receind the requisite constitutiomll majorit~- was passed.

B~- :\[r. (~uinc~ of Coffee-
~\ bill to repeal .\ct prmiding for election of the ex<>cutive committee of all political parties in Coffee County.
'l'he report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Xa~s 0.
Tlw hill having received the requisite constitutional majorit~ was passed.

602

JOURXAL OF THE 8EXATE

By Mr. Collier of Stephen~-
A bill to repeal Acts provi<ling for County Commissioners of Roads and Revenuf's for the Countv of Stephens.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Xays 0.
The bill having received the requisite constitutional majority \Vas passed.

By Mr. Branch of Turner-
A bill to establish City Court of Ashburn.
The report of the Committee, which was favorable to the passage of the bill, was agree<l to.
On the passage of the bill the "\yes wen 3:1, Nays 0.
The bill having received the requisite cmJstitutional majority was passed.

By Messrs. Brown all<l Boatwright of Emamwl-
A bill to create a Boanl of Commi~sioner~ of Roads and Revenues for Emanuel Count)'.
The report of the Committee, which was fmorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were~-- Nays---
The bill having received the requisite constitutional majority was passed.

T-cESDAY, AuGFST 2,1921.

603

By Mr. Collier of Stephens-
A bill creating office of Commissioners of Roads and Revenues for Stephens County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, 1\ays 0.
The bill ha,ing receind thr requisite constitutional majori t~ was passed.

By Mr. Swift of Elbert-
A bill to amend Act entitled ''Elbert Board of Commissioners.''
The report of the Committee, which was fa,orable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, )Jays 0.
The bill having receiYed the requisite constitutional majority was passed.

By Mr. \Vall and Mr. DaYid-
A bill to amend Act creating securities commisswn.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 27, Nays 2.
The bill having received the requisite constitutional majority was passed.

604

J OUR~AL OF THE SExATE

By Mr. Fl'ming of the lOthA bill to enable electors to Yotc in an~~ county.
The report of the Committee, which was fervor~ able to the passage of the bill, was agree<l to.
Mr. Kin1Ze~ mon<l to table tlH bill aiHl the motion was lost.

Mr. Snow called for the pr<'YiouR qn<'stion alHl th0 call was sustained.
Mr. Kimzp~ callf'<l for tlH A.ns and Ka~R mHl the call \Yas sustained.
The roll call was onlere<l alHl the Yot<' waR as follows:

Those Yoting in the affirmatin were MessrR.:

Bellah, J. M. Bond, Chas. N. Boykin, James H. Campbell, R. W. Childs, E. W. Collum, J. -M. Cone, Howell David, A. B. Ellis, R. C.

Fleming, Denis Fleming, W. 0. Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Jones, John H. Jones, 0. K. :\1anson, Frank C. Mills, J. H.

Peacock, C. H. Ridley, Dr. C. L. Snow, Russell E. Ta:ylor, Geo. W. Thorpe, E. M. Walker, B. F. Wall, Dan
\Veaver, .r. D.

Those voting in the negative were MeRsrs.:

Foy, John E. Jackson, .T. B. Johns, G. A. Kimzey, Sam

Lassiter, \V. H. Nix, 0. A. Pope, David F. Sheffield, R. H.

Thomas, James R. Williams, Wiley Womble, M. D.

Those not voting were Messrs. :

Akin, L. R. Brown, L. C. Colson, D. C. Davison, J. E. Golucke, Alvin G.

Haralson, Pat Hutchins, H. C. Palmour, J. E. Richards, Will Rountree, J. L.

Stovall, E. B. Ta:rpley, R. 0. Wohlwender, Ed :Wr. President

Ayes 26, Nays 11.

TUESDAY, AUGUST 2, 1921.

605

On the passage of the bill the Ayes were 26, the K ays were 11.
The bill having received the requisite constitutional majority was passed.

The following hill was read the third time and takl"n up for consideration:

By Mr. Fletclwr of Irwin-

A bill to re-arrange the Corllele .Judicial Circuit.

Mr. Fleming of the lOth moved that the bill be tabled and the motion was lost.

Mr. Boykin called for the previous question and the call was sustained.

The main question was ordered.

Mr. Ellis called for the AyPs and Nayes and the call was sustained.

The roll call was on1ered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Collum, J. M. Cone, Howell David, A. B. Davison, J. E. Fleming, W. 0.

Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. .Johns, G. A. Kimzey, Sam Lassiter, W. H. Manson, Frank C. :\Iills, J. H. Nix, 0. A. Palmour, J. E.

Peacock, C. H. Richards, Will Ta,ylor, Geo. W. Walker, B. F . \Veaver, J. D. Williams, Wiley wohlwender, Ed Womble, M.D.

606

JorRXAL OF THE fiEX.-\TE

Those voting in the negatin' were Messrs.:

Ellis, R. C. Fleming, Denis Holmes, R. H.

Hunt, T. M. Hutchins, H. C. Pope, David F.

Sheffield, R. H.

Those not voting were MPssrs.:

Akin, L. R. Childs, E. W. Colson, D. C. Foy, John E. Jackson, J. B. Jones, John H.

Jones, 0. K. Ridley, Dr. C. L. Rountree, J. L. Snow, Russell E. Stovall, E. B. Ta~rpley, R. 0.

Thomas, .James R. Thorpe, E. :\I. Wall, Dan :\Tt. President

A ~es 28, Nays 7.

On the passage of the bill tlw ;\yf's were 28, the Nays were 7.
The bill having receind the requisite constitutional majority was passetl.

Mr. Richards, Chairman of the Committee on Counties an<l Com1t~ Matters, submittP<l the following report:

Jllr. President: Your Committee on Count~- and Count~ l\Iattf'rs
has had under consideration the following bills of the House and instructed nw, as their Chairman, to report the same back to thr fipnate with tlw rPcomnwn<1ation that tlw same (1o pass, to "it:
House Bill No. 458.
House Bill No. 459.
House Bill No. 461.
House Bill No. 476.

TeESDAY, ...:\ vausT 2, 1921.

607

House Bill No. 477. House Bill No. 180. House Bill No. 443. House Resolution K o. 55. House Bill No. 385. House Bill No. 491.
Respectfully submitted, RicHARDs, Chairman.

Mr. Manson, Chairman of the Committee on Pensions, submittecl the follo"ing report:

Mr. President:

Your Committee on Pensions has ha<l under consideration House Resolution No. 14 and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

T. M. Hunt, .T. M. Bellah, R. H. Sheffield, G. \V.

Taylor, C. H. Peacock, M. D. \Vomble, R. \V. Camp-

bell, 0. K. Jones, .J. M. Collum, R. C. Ellis, ,Jno. E.

Foy.



FRAXK C. l\fAx~ox,

Ch. Com. on Pensions.

Mr. Jones, of the 37th, Chairman of the Committee on Corporations, submitted the following report:
Mr. P~resident:
Your Committee on Corporations has had under consideration the following bills of the House and

(jl)8

JouRXAL OF THE SENATE

instructed nw, as their Chairman, to report the same back to the Senate with the recommen<lation that the same do pass, to wit:
House Bills Nos. 379, 4~8, ~-5, 417, 36~, 429, 296, 400, 432, 42~, :3~0, 2-:2, ;}20, :24~, 3G7, ;i;'):2, ;~5:2 mHl 456 as amended.
Respectfully submithd,
JoxEs UHth) Chairman.

Mr. Goluch, Chairman of the Committee on Special .Judiciary, submith<l the following report:

J.ll r. President:

Your Committee on ~pecial Jutliciar~T has had under consi<leration tlw following bills of the Hous< and instructed me, as thPir Chairman, to r<>port the same back to the Senat<> with the recommendation that the. same do pass, to wit:

House Bill No. 271.

House Bill K o. 389.

Houst Bill No. 481.

GoLt:CKE, Chairman.

Mr. Goluclu, Chairman of the Committee on Special Judiciary, submitt('<l the follo,ving rPport:

Mr. President:
Your Committee on Special Judiciary hns had under consideration the following bill of the House and instructed me, as their Chairman, to report the

TUE8DA, A"L'GUST 2, 1921.

609

same back to the Senate with the recommendation that the same do pass, to wit:

House Bill No. 243.

GoLJJCKE, Chairman.

Mr. Bond, Chairman of the Committee on Enrollment, submitted the following report:

ilfr, President:
Your Committee on Enrollment report as duly enrolled and ready for the. signature of the President of the Senate and Speaker of the House of Representatives the following Acts and resolutions, to wit:
An Act to amend an Act creating a new charter for City of Statesboro.
An Act to fix the amount of commutation tax for road work in Hall County.
An Act to make the salary of Solicitor-General of Blue Ridge Circuit $4,550.00.
An Act to amend an Act to establish the City Court of Jesup.
An Act to repeal an Act creating the Glenwood public school system.
An Act to amend an Act establishing City Court of Reidsville.
An Act to authorize City of Marietta to issue bonds to extend sewerage system.

610

JouR~AL m' THE SE~ATE

A resolution requesting portraits of. Ex-Governors, Hoke Smith, JosPph M. Brown and Hugh M. Dorsey.
A resolution 'denying reports of a famine in Georgia.
A resolution requesting portrait of Ron. Frank P. Rice.
A resolution proYiding for joint committee to investig.<te educational system of State of Georgia.

The following bills, favorably reported, were read the second time :

By Mr. Smiley of LongA bill to establish City Court of Ludowici.

B~- Mr. Smiley of Long-
A bill to amend Act abolishing fee system existing in the Superior Courts of the ..:\.tlantic .Judicial Circuit.

By Mr. Clifton of J.1ee-
A bill to create a Board of Commissioners of Roalls and RevenuPs for tlw County of Lee.

By Mr. Quincy of CoffeeA bill to amend charter of Douglas.

By Mr. Smiley of LongA bill to amend charter of Town of Ludowici.

TuESDAY, AuGU:>T 2, 1921.

611

By Mr. watkins of ButtsA bill to anwnd charter of Jackson, Ga.

B.v Mr. Singletary of Grady-
A bill to anwnd Act creating charter for City of Cairo.

B~ Mr. \Yhihlk<'r of Rockdale-
A bill to amen<l _Act prescribing the qualification for yoters in Cit~ of ConyPrs, Ga.

By Mi. Phillips of Jasper.
A bill to create a Board of Commissioners of Roads and Revenues for J asp0r.

By Mr. Anderson of Chattooga-
~\ biJl to provide that Board of Commissioners of certain counties may Plect clerk and fix salary of same.

By Messrs. Guess and :McClelland of DeKalb-
A bill to fix compensation of jury commissioners in certain counties.

By Mr. Patten of Lanier-
A bill to provide for and define the fees and compensation of the Ordinary of Lanier County.

By Mr. Pickre1i of Charlton-
A bill to repeal Act requiring the Board of Commissioners of Roads and Revenues to pay the Mayor

612

JouRNAL oF THE SENATE

and Council of St. George the ad valorem road tax, etc.

By Mr. Pickren of Charlton-
A bill to repeal Act requiring Board of Commis sioners of Roads and Revenues to pay Mayor and Council of Homeland the ad valort>m tax, etc.

By Mr. Phillips of Jasper-
A bill repeating Act creating a Board of Commissioners of Roads and Revenues for Jasper.

By Mr. Dobbs of Cobb-
A bill to provide bail for the appearance of persons charged with a misdemeanor.

By Riley and Hines of Sumter-
A bill to amend Act consolidating Acts granting coroporate power upon Mayor and Council of Americus.

By Messrs. Jones and Mcintyre of ThomasA bill to amend charter of Meigs.

By Messrs. williams and Adams of \YaltonA bill to amend charter of City of Monroe.

By Mr. Gunnells of Franklin-
A bill to amend Act establishing public school system in Town of Canon.

TUESDAY, AUGUST 2, 1921.

613

"T By Mr. ay of Liberty-

A bill to amend charter of 'Villie, Ga.

By Mr. Brantley of Pierce-
A bill to amend Act incorporating City of Blackshear.

By Mr. Swift of Elbert-
A bill to amend Act creating charter for City of Elberton.

By Mr. Singletary of Grady-
A bill regulating the signing of criminal bonds by professional bondsmen, etc.

By Mr. winship of Bibb-
A bill to amend Act creating City Court of Macon, Ga.

By :Jiessrs. 'Vinship and Malone of Bibb-
A bill to amend Act creating the municipal court of Macon, Ga.

By Mr. Horne of Dodge-
A bill to amend an Act to create office of Commissioners of Roads and Revenues for Dodge County.

By Messrs. Beck and Smith of Carroll-
A resolution providing for the increase of number of members of Board of Commissioners of Carroll County.

614

JouRNAL OF THE SENATE

By Messrs. Duncan and Lankford of Hall-
A bill to re-establish Mrs. Elizabeth Shirley as a pensioner for the year 1919.

Under the head of Unfinished Business the following bill was taken up for consideration:

By Mr. vVomble, et al-

A bill to repeal .Act known as the tax equilization Act.

Mr. Nix called for the previous question and thE call was sustained.

The main question was ordered.

The report of the Committee, which was fayorable to the passage of the bill, was agreed to.

Mr. Nix called for the Ayes and Nays and the call was sustained.

Mr. Jones asked unanimous consent that all members suspend from the explanation of their votes.

Mr. Jackson objected.

The roll call was ordered and the ,~ote was as follows:

Those voting in the affirmatiw were Messrs.:

Bond, Chas. N. Boykin, James H. Collum, J. M. Davison, J. E. Golucke, Alvin G. Hollingsworth, J. C. Hunt, T. M. Jackson, J. B.

Johns, G. A. Lassiter, W. H. Mills, J. H. Nix, 0. A. Pope, David F. Richards, Will Ridley, Dr. C. L. Rountree, J. L.

Tarpley, R. 0. Taylor, Geo. W. Walker, B. F. Williams, Wiley Wohlwender, Ed Womble, M. D.

Tt:ESDA y' A UGl:ST 2, 1921.

615

Those voting in the negative were Messrs.:

Bellah, J. M. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell David, A. B. Ellis, R. C. Fleming, W. 0.

Foy, John E. Holmes, R. H. Hutchins, H. C. Jones, John H. Jones, 0. K. Kimzey, Sam :\-1anson, Frank C. Palmour, .J. E.

Sheffield, R. H. Snow, Russell E. Thomas, James R. Thorpe, E. M. Wall, Dan 'Neaver, J. D.

Those not voting were Messrs. :

Akin, L. R. Colson, D. C. Fleming, Denis

Haralson, Pat Peacock, C. H. Stovall, E. B.

Mr. President

Ayes 22, Nays 22.

The bill having failed to receive the requisite constitutional majority was lost.

By Mr. Swift of Elbert-
A bill amending Act providing Board of Commissioners for Elbert County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having receind the requisite constitutional majority was passed.

The following nsolution was read the third time all(l put upon its passage.

By Mr. Henderson of white-
A resolution relieving E. L. Russell, et al, as surety.

616

.JouRNAL oP THE RENATE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having receiYed the requisite constitutional majority was passed.

The following bill was read the third time and taken up for consideration:

By Muscogee Delegation-
A bill to amend charter of Columbus.
The Committee offered the following amendment:
COMMITTEE AMENDMENT TO HOUSE BILL NO. 456.
I. Amend Section XIV by inserting between the words "a chief of police" and the words i' a city attorney'' the words ''a chief of the fire department."
II. Amend sub-paragraph (b) of Section XXI by striking therefrom the words ''a chief of the fire department.''
III. Amend sub-paragraph (c) of Section XXI by inserting between the words ''a chief of police'' and the words "the city attorney" the words "the chief of the fire department.''
IV. Further amend by adding an additional section to be known as Section XXIII-A and to follow Section XXIII and to precede Section XXIV, and to read as follows:

TT:ESDA Y, A L'Gl:_TST 2, 1921.

617

''The fire tlepartment shall be under the direct management of tlw chief of the fire department, <:>lected by the Commission and to hold office at the pleasure of the Commission. The compensation of th0 chi<:>f of the fir0 <lepartment shall be fixed by the commission awl tlw salari0s of the other officers awl 0mplo~e0s of th<> fire department shall be fixed b~- tlw chi0f of th<> fir<> <lepartment, subject to the approval of tlw commission. All officers and employ<'<>S of the fire departnwnt shall be elected and appointed h~- the chief of the fire d0partment and to se1Te at his pl0astue. The fire department and the ehief shall at all tim0s be subject to the supervision and control of the Commission and the department shall be charged with the duty of preventing and fighting fires, the C'nforeement of laws and ordinances designed to preYent fires, and with such other duties as ma~- lw assigned to the dl'partment h~- the Commission. All purchases for the fire department must he made h~- the City ::\Ianager, and the chief of the fire department and Cit~- ::\[anager shall co-operate in their respectiYe duties for the achancement of an efficient and economical administration of the affairs of the cit~-."
The amendment was adopted.
The report of the Committee, which was fayorahle to the passage' of the hill as amended, was
agreed to.
On the passage of the hill the Ayes were 40, the Nays were 0.
The hill having recei,ed the requisite constitutional majorit~- was passc<l.

618

,JorRXAL o:F THE SEXATE

The- following resolution was read and adopted:

By Mr. Davidson-
A resolution relative to removing coats during session of the Senate.

The following resolution was read and ordN(d to lay over one day:

By :J[r. \Yeaver-
A resolution condemning the Pittsburg Plus S~s tem.

The following resolution was nad first tinw and referred to Committee:
B~ :Jir. \ValkerA resolution requiring the Governor to dispose of
all mone~' in the State Treasury in a certain manner.
The following bill was read the third time and taken up for consideration:

By Mr. :Manson-
A bill making it unlawful to use any statement
in advertising which is untrue, etc.
l\Ir. \Yohlwender monel that the hill he tabled, and the motion prevailed.
l\fr. Clay asked unanimous consent that when the Senate adjourn today that it stand adjoumed until 7 :45 tonight, and the eonsent was grant<'d.

TuE~DAY, ~\uau~T 2, 1921.

619

The following bill was read the third time and taken up for consideration:

B~ .:\Iessrs. Rountree and \Yalker-
.A hill to make an appropriation for the fumishiHg of free text books.

The Committee offered the following substitute:

A BILL
To be entitled an Act to make an appropriation for the furnishing of free text books, how the~- shall be obtained b~- the different counties, how said books shall be advertised for b~ the State, how said hooks shall he distributed, how and when said hooks shall he changed, how the contract of such publisher with an~ combination shall be declared void, how the leg-alit~- of the contract shall be passed upon and b~ whom, how, wlwn and in whose .name such contra. ct if broken shall be sued, ho-..,- such books shall be kept and by whom, and how they shall be fumigated, how pupils, parents or guardians, or other persons ma~- obtain such books, ho\\ school teachers, or officers, shall not represent any person, publisher, or author, or seller of au~- book that shall be purchased under this contract, and for other purposes.
Section 1. Be it enacted b~ the General Assembly of Georgia, and it is hereby enacted b:v authority of the same, That from and after the passage of this Act it shall be the dut~- of the State Board of Education to furnish to each and every count~ of the State of Georgia text books for the subjects

6:20

Jol.CHKAL OF THE ~EC\ATE

and grades now taught in the common or public schools of this State as hcn'inafter provided.
Sec. 2. Be it further enacted by authority aforesaid, That the price of such books shall be taken out of an~ moue~, or monies, that is now or ma~ hereafter be appropriated for the public schools of Georgta.
Sec. 3. Be it further enacted b~ authorit~ aforesaid, That in order for any county or local school system of this State to obtain such free hooks as are authorized by this bill, it shall be the duty of the Boards of Education of the several counties of this State to furnish to the Secretary of the State Board of Education on or before the first day of Januar~ in each ~ear, a complete list of all text books necessary for the grades specified in Section 14-, for the public schools of such county; and upon such n'quest being made, it shall be the dut~ of the State Board of Education . to furnish the b.ooks as rcquested and certify the cost of same to the State Treasurer, who will draw his warrants in pa~ment therefor, and shall pay such warrants out of any unappropriated money belonging to the public school fund.
Sec. 4. Be it enacted b~ the authority aforesaid, That the State Board of Education, through its executive officer, is hereby empowered to purchase the books adopted under the uniform text book law of August 13, 1903, and to furnish them upon the requisition of the County Board of Education, at cost of text and carriage, as specified in Section 14. Furthermore, that the same right shall

TuEsDAY, AuausT 2, 1921.

6:21

apply to the books listed under the Yeoman's Act of 1916, as well as the texts specified, adopted under the uniform text book law.
Sec. 5. Be it further enacted by the authority aforesaid, That the State Board of Education, upon expiration of the present contract made by the State shall adYertise and adopt books for the common or public schools, in accordance with the present laws now in force, after proper advertising as specified, and in the adoption shall secure the best books possible, taking into consideration the quality and lowest prices offered and shall make the condition that the prices obtained are not lower anywhere in the United States.
Sec. 6. Be it further enacted by the authority aforesaid, That said text books required for the use of each count~- shall be shipped to the County Superintendent thereof, who shall receive and receipt for same, and send a duplicate of his receipt to the State Board of Education. The se\-eral County Boards of Education of the counties of this State are hereby authorized and empowered to make all rules and regulations as they may deem necessary for the proper distribution of such books to the several pupils of their count~-, and for the protection, f'are, fumigating and exchanging of same.
Sec. 7. Be it further enacted by authority aforesaid, That not more than one text book shall be changed in any one year for any particular grade, and when such change is made, such text book as adopted must be continuell in u<;e for not less than five years.

JoURXAL OF THE tlEXATE
Sec. 8. Be it further enacted hy authorit~ afor!'said, That when any such contractor shall lwcome a party directly, or indir!'ctly, to any combination or trust for the purpose of controlling the prices of school books, any contract ent<>recl into "ith such contractor shall be null and void; awl 0nr~ contractor who shall enter into an~ contract "ith tlw State Board of E<lucation for furnishing an~- t<>xt books shall, upon request of a member of sai<l State Board of Education, mail to sai<l State Boanl of .B.Jducation a sworn price list of text books which said contractor furnishes, or desire<1 to furnish, to th<' State of Georgia.
Sec. 9. Be it further enactPd by authorit~ aforesaid, That all contracts Pntend into nnd<>r tlH' provisions of this .Act, shall he approYP<l as to form by the .Attorney-General of Georgia before tlw~ shall beconw binding on the State of GC'orgia.
Sec. 10. Be it further <'nacted b~ authority aforesaid, That if any contractor shall YiolatP any of the conditions of an~ contract entPre<l into by him, tlw Attorney-General shall institute suit on the bowl of said contractor to reconr on bdwlf of the f-ltah' the amount of said bond.
Sec. 11. Be it further enaeted b~ authorit~ aforesaid, That all books purchased under the provisions of this act shall be the property of the State of Georgia; and when distributed as herrin proYidrcl shall be deemed to be in the custody of the Board of Education, and it shall be their clut~ to hold pupils using said books responsible for any damage to, loss of,
or failure to return such hool\:8 to said Board of
_B]ducation "hen so required; rnoyided, howeYer,

TuEsDAY, .\eoPsT 2,1921.
that wheneYer any pupil shall lose or destro~v an~~ book loaned him under the proYisions of this act, or, if for any reason a pupil shall require a second copy of an~' series used in the common or public schools, then such pupil shall lw require<l to purchase such book at his own expense. .\Jl books before being reissued shall be fumigatC'<l. Failure on the part of the Board of Education or teachers to luwe such books fumigatP<l, shall lw <lC'<'BW<l a mis<lenwanor and punished as such.
f;ec. 1:2. Be it further macte<l b~' authority aforesai<l, That tlw proYisions of this act shall not be construed to prohibit an~' pupil, or parent, or guardian from purchasing from the Board such books as may be necessary at the same price tlw said Board of Education pays for the books.
8ec. 1:1. Bt> it furtht>r Pnacte<l b~, authority aforesaid, That no school officer or teaclwr of an~' pubblic school in the State of Georgia shall act as agent for any author, publisher, book seller or other person to introducP an~~ book, apparatus, furniture, or an~' other article whateYer "in the public schools ofthe district in which he is an officer or tPacher.
Sec. 14. Be it further enncte<l by authority aforesaid, That the State shall only he required to furnish the free school books as herein proYided, for the first two grades in the common schools of said State for the school year 1922, aml then in addition thereto furnish such free school books for the thircl and fourth grades in said public schools of this State for the school year 192:~, awl in addition to the first, second, third and fourth gnwes, furnish free school books for the fifth and sixth gratles for the school

624

JouRNAL OF THE SExATE

year 1924, and then in addition for the school year of 1925, and every year thereafter, furnish all such free school books as are provided for in this act to and including the seventh grade, which is the amount this act intends to provide and fumish.
Sec. 15. Be it further enactell by authority aforesaid, That all laws and parts of laws in conflict with this Act, be and the same are, hereby rt>peale<l.
Mr. Johns offered the follm,ing anwn<lment to the substitute:
Amend by adding in line 3 of Section 3 aftcr th(' words ''several counties,'' the words '' ancl local school systems''; also by adding in line 6 of Section 3 after the words "public schools of such count~T'" the words ''or local school systems.''
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitutP, was agreell to as amended.
On the passage of the bill the Ayes \Yere 26, the Nays were 1.
The bill having receincl the requisite constitutional majority was passed by substitute as amended.

The following message was received from the House, through Mr. Moore, the Clerk thereof:
Mr. President: The House has read and adopted the following
resolutions, to wit:

TUESDAY, AIJG"L"ST 2, 1921.

625

A resolution providing for the appointment of joint committee to bring about a uniformity between Georgia and Florida laws.
A resolution proyiding for the State authorities to reconYey to Tuttle Newton Home a certain tract of land.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill to proYide for rC'cor<ling of plats in certain counties.
A bill to amen<l an Act relatiYe to costs in certain cases in certain counties.
A bill to repeal an Act creating a Board of Commissioners for Cobb County.

The following message was receive<l from the House, through Mr: MoorE:', the Clerk thereof:

llfr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend Section 1793 of Code of 1910 relative to manufacture of fertilizer.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

626

JouRxAJ. OF THE SExATE

Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend charter of the Cit~- of Quitman.
A bill to amend Act proYi<ling for four tNms of Ruperior Court in Madison County.
A bill providing for hol<ling thr<>e tHms a ~-Par of Ruperior Court of Wlwel0r Count~-.
A bill requiring count~- officers of Charlton County to give bonds for faithful performance of their duties.
A bill to amend an Act establishing City Court in \Vashington, Wilkes Com1ty.

The following message was rPceiwd from the House, through Mr. Moore, the Clerk thereof:

llfr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend Section 5918 of Code of 1910 relative to evidence in injunction cases and motions for new trials.
A bill to amend Section 4995 of Code of 1910 relative to Judges of Superior Courts appointing secretaries.
A bill to amend Srction 1908, Code of Georgia.
A bill to create Boanl of Commissioners for County of Crisp.
A bill to amend Section 4747 of Co<le of 1910.

TuESDAY, AuGUST 2, 1921.

627

The following message was received from the HousP, through Mr. Moore, the Clerk thereof:

jvfr. President:
The House has passe<l b~' the requisite constitutional majority the following bills, to wit:
A bill to create Board of Commissioners for County of Long.
A bill to amend Section 3321 of Code 1910.
.lt bill to amend an Act creating a department of Insurance.
A bill to amend Sections 4~1;~, 421--1: an<l 4215 of Code of 1910, relative to reconling bonds for title.
A bill to amen<l an Act to prcvt>nt intro<luction into State of various contagious diseases.
A bill to create Board of Commissioners for Charlton County.

The following House bills "ere r0a<l the first time and referred to Committees:

By Messrs. Camp of Campbell mul Reagan of Henry-
A bill to amend code relatiw to compensation of jurors in certain counties.
Referred to Committee on Counties and County Matters.

628

JouRxAL OF THE SE~ATE

By Chatham Delegation-
A bill to amend code relative to pilots.
Referred to Committee on General Judiciary No.2.

By Mr. Hunter of Atkinson-
A bill to amend code so as Judges in certain .Judi-
cial Circuits. Referred to Committee on Special Judiciary.

By Mr. Fowler of Bibb-
A bill to amend Act creating department of msurance.
Referred to Committee on Insurance.

By Mr. Hatcher of MuscogeeA bill to amend code relative to Superior Courts. Referred to Committee on General Judiciary
No.1.
By Mr. Culpepper of l!,ayette-
A bill to amend code relative to recording of bonds for titles.
Referred to Committee on General Judiciary No.2.

By Mr. Hodges of Evans-
A bill to amend Act preventing the introduction into the State of contagious diseases of honey bees.
Referred to Committee on Agriculture.

TrESDAY, AuarsT 2, 19~1.

629

By Messrs.- Johnson and Trippe of Bartow-
A bill to amend code relative to obtaining evidence in cases of injunctions.
Referred to Committee on General Judiciary No.1.
By Mr. Kittrell of LaurensA bill to amend code relative to sums paid b~
manufacturers of fertilizers.
Referred to Committee on Agriculture.

By Messrs. Ficklen and Bobo of wilkesA bill to amend Act establishing Cit~- Court of
Washington.
Referred to Committee on Special .Judiciary.

By Mr. Sumner of wheeler-
A bill to provide for holding three terms a ~-car of ViTheeler County Superior Court.
Referred to Committee on Special Judiciary.

By Mr. Turner of BrooksA bill to amend the charter of City of Quitman. Referred to Committee on Corporations.

By Mr. Byrd of Crisp-
A bill to create a Board of Commissioners for Crisp County.
Referred to Committee on Counties and Count~c Matters.

630

JouR~AL OF THE SEXATE

By Mr. Smiley of Long-
A bill to create a Board of Commissioners of Roads and Revenues for Count~7 of Long.
Referred to Committee on Counties and County Matters.

By Mr. Pickren of Charlton-
A bill to require all count~ officNs of Charlton to give surety bond.
Referred to Committee on CountiPs and Count~ Matters.

By Mr. Pickren of Charlton-
A bill to create a Board of Commissioners of Roads and Revenues for Charlton, Ga.
Referred to Committee on Counties and County Matters.

By Mr. Whitworth of MadisonA bill to amend Act provitling for holding four
terms of the Superior Court of Ma<lison.
Referred to Committee on Rpecial .Judiciary.

By Mr. McDonald of Richmond-
A resolution to re-cmwey to Tuttle Newton Home a certain tract of land.
Referred to Committee on Public Property.

.The following resolution was rrad and ordered to lay over one clay.

TuEsDAY, AuGUST 2, 1921.

631

By Mr. Vocelle of Camden-
A resolution proYiding for a joint committee to bring about a uniformity of laws between Georgia and Florida regulating fishing in the salt waters boundary of the two States.

The following bills were retHl the third time and put upon its passage:
By Mr. Golucke-
A bill to amend Art relatiYe to how State House officials shall be elected.
The report of the Committee, which "as fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill haYing receind the requisite constitutional majorit~- was passed.

By Mr. Golucke-
A bill to amend code relative to return of elections for State House officials.
The report of tlw Committee, which was fanwable to the passage of the bill, was agn'ed to.
On the passage of the bill the A~es were 2G, Nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill was read the third time and put upon its passage:

632

JouR~AL OF THE SE~ATE

By Mr. Snow-
A bill to protect railwa~ companies from danger incident to stringing of wires by wire companies over railroad tracks.
The Committee offered the following substitute:
Substitute for Senate Bill No. 88 by Mr. Snow, passed Senate August 2, read second time in House August 8th, 1921.
A BILL.
To be entitle(l an Act to protect railroad companies and their employees and other persons from the dangers incident to the stringing of wires by wire owners or operators over railroad tracks or other lines of wire and between any such lines or systems and any railroad or interurban railroad within the State of Georgia, and vesting certain powers and jurisdiction in the Railroad Com-. mission of Georgia, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: That pursuant to the terms of this Act the Railroad Commission of Georgia shall have power to determine and b~ order prescribe standards of construction and maintenance, and also the nature and character of construction for telegraph, telephone, electric light, power and other electric lines and systems hereafter to be constructed or reconstructed to the extent necessary to prevent or minimize physical hazards where such lines are to be constructed or reconstructed across

T-cESDAY, AuG"Ct;T 2, 1921.
or substantially parallel to each other, or across or substantially parallel to the tracks of an~~ railroad or interurban railway.
Sec. 2. Be it further enacted, That the Railroad Commission of the State of Georgia shall, within ninety days after the passage of this Act, after a hearing, formulate rules and regulations and de~ tailed specifications, "hich shall hereafter be observed and followed by all owners or operators of such lines and systems where now lines are con~ structed or where old lines are reconstructed, and shall have the further power to change such rules, regulations and specifications from time to time af-
ter notice and hearing as may be <1eemed to be neces-
sary.
Sec. 3. Be it further enacted, That the owners
or operators of such lines as are referred to in Sec-
tion 1 of this Act, already erPctecl, shall not be req-
uired to make any change in sanw unless it shall be shown to the Railroad Commission that such lines
are unsafe or dangerous. \~Vhen any such lines shall be considered unsafe or dangerous b~r the person, firm or corporation affecte<l they shall serve written
notice upon the owners or operators of same to put
such lines in a safe condition, and upon the failure of such owners or operators to put such lines in a safe condition within sixty days from the date of
such notice, complaint may be made to the Railroad
Commission of Georgia, and after a hearing the Railroad Commission may require the owner or operator of such wire or wires to put them in safe condition or readjust them to meet the rules and regulations hereinbefore proYided for in Section 1. In case of

634

JouRKAL oF THE SEKATE

disagreement in respect to the payment of tlw cost
of the work required to b<' done pursuant to any
order of the Commission, under this 1\ct, the Commission may determine the apportionment of such cost according to law.
Sec. 4. The Railroafl Commission of Georgia shall enforce any orflers, rulPs, regulations an<l specifications issued by it uwler authorit~- of this Act in the s~me manner as is proYiflccl by law for the enforcement of other orders issuP<l b~- tlw Commission, and shall have power to cause tlH' rPmoYal of such telegraph, telephone, elPctric light, power or other electrical wires of an~- kincl locate<l, constructed, maintained or operatecl in Yiolation of any such orders, rules, regulations and specifications.
Sec. 5. Be it further enactecl that all laws an<l parts of laws in conflict ht>rPwith, be and the sanw are, hereby repealed.
The report of the Committee, which was fayorable to the passage of the bill, b~- substitute, '''as agreed to.
On the passage of the bill the ~\yt>s were 27, the Nays were 0.
The bill having received tlw nquisite constitutional majority ,,-as passe<l.
The follo\ving bill was tahn up for the purpose of acting on House substitute:

By Mr. Fleming of the lOth-
A bill to amend Act creating a State Board of Architects.

TvEsDAY, A rarsT 2, 1921.

635

The House offere<l the following substitute:
Mr. Nix moved that the Senate adjourn and the motion prevailed.
The President announced the Senate adjourned until tonight at 7 :45 o'clock.

7 :4:) o'clock.

The Senate nwt again pursuant to adjournment at 7:45 o'clock a11<l was calle(l to order b~r the President.

Mr. Bond asked unannnous consent that the roll call be dispPnsed with.

Mr. Collum objected.

The roll call was ordered ancl the following Senators answered to their names.

Bellah, J. M. Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Goluclw, Alvin G. Hollingsworth, J. C. Holmes, R. H. Hutchins, H. C. Jackson, J. B. .Johns, G. A. Jones, John H. Jones, 0. K. Kimzey, Sam Manson, Frank C. :>rills, .J. H.

Peacock, C. H. Richards, Will Ridley, Dr. C. L. Sheffield, R. H. Snow, Russell E. Thorpe, E. M. Walker, B. F. Williams, Wiley Mr. President

The following bill "as read the third time and taken up for consideration:

636

JorRXAL oF THE REX,\TE

By Mr. wohlwender-
A bill permitting Mutual Fire Insurance Companies to issue and sell surplus fund certificates.

Mr. vVohlwender called for the Ayes and Nays and the call was sustainetl.

The roll call was orclered an<l the Yote was as follows:

Those Yoting in tlw affirmatin~ were Messrs.:

Bellah, J. M. Bond, Chas. N. Boyldn, James H. Brown, L. C. Childs, E. W. Collum, J. M. Cone, Howell Ellis, R. C. Fleming, Denis Fleming, W. 0.

Foy, John E. Golucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Jones, John H. Jones, 0. K. Lassiter, W. H. Manson, Frank C. Mills, J. H. Pope, David F.

Richards, Will Ridley, Dr. C. L. Sheffield, R. H. Snow, Russell E. Thorpe, E. l\1. Walker, B. F. weaver, .J. D. Williams, Wiley Wohlwender, Ed

Those Yoting in the negatin "'Pre Messrs.:
Kimzey, Sam

Those not Yoting "\vere Messrs. :

Aldn, L. R.
Campbell, R. w. Colson, D. c.
David, A. B.
Davison, J. E.
Haralson, Pat
Hunt, T. M.

Hutchins, H. c.
.Jackson, J. B. .Johns, G. A. Nix, 0. A. Palmour, J. E. Peacock, C. H. Rountree, .J. L.

Stovall, E. B. Ta:rpley, R. 0.
Ta:ylor, Geo. w .
Thomas, .James R. Wall, Dan
Womble, l\'l. D. :\fr. President

Ayes 28, Nays 1.

The bill having received the requisite coll:>titntional majority was passed.

TUE8DAy' AUGUST 2, 192].

637

By Mr. Thomas-
A bill to provide for appointment of administrators under certain circumstances.
The report of the Committee, which was favorable to the passage of the bill, was agref'd to.
On the passage of thf' bill the Ayes were ~6, Xays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sheffield of the 9th-
A bill to amend Sections 469 and 470 of Corle relative to a referendum to the counties affected.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majority was passed.

Mr. Childs, Chairman of the Committee on E(lucation, submitted the following report:

Jfr. PrPsident:
Your Committee on Education has had under consideration the follow'ing bills and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

638

JouRKAr~ oF THE SEKATE

Senate Bill No. 157. House Bill No. 441. House Bill No. 502. House Bill No. 503. House Bill No. 104. House Bill No. 489. House Bill No. 442.
Respeetfull~ submi tte<1, CHILDS, Chairman.

Mr. Mills, of the 26th, Chairman of the Committee on Agriculture, submitted the followi~g report:

Jl.fr. President:
Your Committee on Agriculture has had und('r consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 317. A bill relative to th<> storing of dynamite in Georgia.
Respectfully submitted,
J. H. MILLs, Chairman.

Mr. Ellis, Chairman of the Committee on Public Roads, submitted the following report:

Mr. President: Your Committee on Public Roads has had under

TuESDAY, AuGUST 2, 1921.

639

consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do not pass, to wit:
Senate Bill No. 15.
The Committee further recommends that House Bill No. 80 do pass; and that House Bill No. 24 do pass by substitute.
ELLis, Chairman.

Mr.Jones, of the 37th, Chairman of the Committee on Corporations, submittf'd the following report:

Mr. President: Your Committee on Corporations has had under
consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 479. House Bill No. 490. House Bill No. 463. House Bill No. 323. House Bill No. 485. House Bill No. 275. House Bill No. 366. House Bill No. 434. House Bill No. 464.

640

.JOl!RNAL m THE SENATE

House Bill N"o. 413. House Bill No. 462. House Bill No. 336. House Bill No. 46~1. House Bill No. 487.
Respectfully submitted, JoNES (37th) Chairman.

The following bills, favorably reported, were read the second time:

By Muscog-ee Delegation-
A bill to regulate the nsP of motor vehicles ml<l
motor cycles upon public streets in Georgia.

By Mr. Grant of Habersham-
A bill to amend Act relatin to charter of ~H. Airy.

Bv~ Mr. Horne of Dodno. e-
A bill to create a new charter for Cit~- of ~ast man.

By Mr. Picknn of Charlton-
A bill to amend an Act to incorporate the City of Folkston.

By Mr. King of .JeffersonA bill to amend the charter of the City of \Vadley.

TuESDAY, AuGUST 2, 1921.

641

By Mr. S. C. Byrd of CrispA bill to amend the charter of the City of Cordele.

By Mr. whitaker of Lowndes-
A bill to authorize the Mayor and Council of the City of Valdosta to establish the grade of any streets, etc.

By l\fr. Singletan' of GradyA bill to amend the charter of Pine Park.

By Messrs. Jones and Macintyre of ThomasA bill to amend the charter of Meigs.

B~- ::\Iessrs. Atkinson, Hunter and Valentino of Chatham-
A bill to amend the seYeral Acts incorporating the Mayor and Aldermen of the City of Savannah.
By Mr. Bradford of whitfieldA bill to provide for a new form of government for
the City of Dalton.
By ::\Ir. Atkinson of Chatham-
A bill to create a Board of Harbor Commissioners for the City of Savannah.

By Mr. Moore of Fulton-
A bill to amend an Act relating to charter of East Point to increase ad valorem tax rate for public schools and decrease ad valorem tax of current expenses.

64-2

JouRNAL OF THE SENATE

By Messrs. Gresham and Hatcher of Burke-
A bill to authorize Mayor and Council of \Vaynesboro to purchase, own and opt>rate a plant for the manufacture and sale of ice.

By Messrs Guess and McClellaml of DeKalb-
A bill to amend an Act relatiYe to the City of Decatur.

By Mr. "Tilliams-
A bill to repeal Act establishing public school system of Ocilla.

The following bill was read the third time and taken up for consideration:

By Mr. Macintyre of Thomas-
A bill to authorize the valuation of bonds owned by life insurance compani('s by the authorization method.
Mr. "\Vohlwender moYP(l that the bill be tabled and the motion prevailed.

The following resolutions were read antl adopted:

By Mr. VveaverA resolution condemning the Pittsburg Plus Sys-
tem.
By Mr. Golucke.A resolution extending good wishes to Senator
Colson.

TUESDAY, AUGUST 2, 1921.

643

Mr. Clay asked unanimous consent that when the Senate adjourn tonight that it stand adjourned until tomorrow morning at 9 :30 o'clock.
Mr. \Vohlwender moved that the Senate do now ndjourn and the motion prevailed.
Mr. Bond, of the 30th, acting President, announced the Senate cHljourne<l until tomorrow morning at 9 :30 o'clock.

644

Joun~AL oF THE SENATE

SENATE CHAMBER, ATLA:-<TA, GA.
Aug. :~, 1921.
The Senate met pursuant to adjournment at 9:30 o'clock A. M., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Mills, Vice-Chairman of the Committee on Journals, reported that the .Journal of yesterday's proceedings had been examined and found to be correct.
Mr. Nix gave notice that at the proper time he would move that the Senate re-consider its action on yesterday in defeating Senate Bill No. 24.
Mr. Kimzey gave notice that at the proper time he would move that the Senate re-consi<ler its action on yesterday in passing Senate Bill No. 4.
By unanimous consent the reading of the ,Journal of yesterday's proceedings was dispense<l with.
Mr. Nix moved that the Senate re-consider its action on yesterday in <lefcating Senate Bill No. 24.
Mr. Kimzey called for the previous question and the call was sustained.
Mr. Boykin called for the Ayes and Nays and the call was sustained.

-WEDNESDAY, AuGusT 3, 1921.

645

The roll call was ordered and the vote 'vas as follows:

Those voting in the affirmative were Messrs.:

Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, J. M. Cone, Howell Golucke, Alvin G. Hollingsworth, J. C. Hunt, T. M. Jackson, J. B.

Johns, G. A. Kimzey, Sam Lassiter, W. H. Mills, J. H. Nix, 0. A. Palmour, J. E. Pope, David F. Richards, Will Ridley, Dr. C. L.

Rountree, J. L. Sheffield, R. H. ;ra:rpley, R. 0. Taylor, Geo. W. Thomas, James R. Walker, B. F. Williams, Wiley Wohlwender, Ed Womble, M.D.

Those voting in the negative were Messrs. :

Akin, L. R. Bellah, J. M. Brown, L. C. Campbell, R. W. David, A. B. Ellis, R. C.

Fleming, Denis Fleming, W. 0. Foy, John E. Holmes, R. H. Hutchins, H. C. Jones, John H.

Jones, 0. K. :\!anson, Frank C. Peacocli, C. H. Snow, Russell E. Thorpe, E. M. Wall, Dan

Those not voting were Messrs. :

Colson, D. C. Davison, J. E.

Haralson, Pat Stovall, E. B.

Weaver, .J. D. Mr. President

Ayes 27, Nays 18.

The motion to re-consider was adopted.

Mr. Kimzey mowd that the Senate re-consider its action on yesterday in passing- Senate Bill K o. 4, and the motion pre-vailed.

Mr. Brown asked unanimous consent that thirty minutes be devoted to the passage of local uncontested bills and the consent was granted.

The following bill was introduced, read the first time and referred to Committee:

646

JouRNAL oF THE SENATE

By Mr. Williams-
A bill to fix time of holding Superior Court m Cordele Judicial Circuits.
Referred to Committee on Special Judiciary.

The following bills were read the third time and put upon their passage:

By Mr. Horne of Dodge-
A bill to create new charter for Eastman.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Smiley of Long-
A bill to establish City Court of Ludowici.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 32, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Riley and Hines of Sumter-
A bill to amend Act granting corporate powers upon the Mayor and Council of Americus.

"'WEDNESDAY, AUG"GST 3, 1921.

647

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Chatham Delegation-

A bill to revise Act relating to Mayor and Aldermen of City of Savannah.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Ayes were 30,

Nays 0.

.

The bill having received the requi~!if, eonstitu-

tional majority was passed.

By Mr. Byrd of Crisp-
A bill to amend charter of City of Cordele.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Tison of worth and Mr. Lewis of Colquitt-
A bill to repeal Act relative to public school system -of Sylvester.

648

JouRNAL oF THE SENATE

The report of the Committee, which was favorablr to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
. The bill having received the requisite constitutional majority was passed.

By Mr. Smiley of Long-

A bill to amend Act abolishing fee system now existing in Atlantic Judicial Circuit.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Ayes were 27,

Nays 0.

.

The bill having received the requisite constitu

tional majority was passed.

By Mr. Horne of DodgeA bill to amend Act creating office of Commission-
ers of Roads and Revenues in and for Dodge County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Quincy of CoffeeA bill to amend charter of Douglas.

V\TEDNESDAY' AL'GL'HT 2, 1921.

649

The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having receiYed the requisite comstitutional majority was passed.
By Messrs Guess ancl McClellan(} of DeKalb-
A bill to amend Act r(latiYe to Town of Decatur.
The report of the Committe<, which was f~worable to the passag<' of the bill, was agrE>e(l to.
On the passage of the bill the .A~'es were 30, Nays 0.
The bill having recein<l the requisite constitntional majority was passed.
By 1Iessrs. Smith and Beck of CarrollA bill to rep~al public school s~'stem of Temple,
Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agree(l to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having receiwd the requisitP conatitutional majority was passed.

By Mr. King of .Jefferson-
A bill to amend chartPr of Cit~' of "'a<lley.
The report of the Committe<', which was favorable to the passag<' of the bill, was agrt>ecl to.

650

JouRXAL oF THE SEXATE

On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. -Whitaker of Rockdale-
A bill to amend Act prescribing qualification for voters in City of Conyers, Ga.
The report of the Committe{', which was faYorabl<' to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. King of Jefferson-
A bill to abolish local school system in \Yadle~, Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisit<' constitutional majority was passed.

By Mr. Pickren of Charlton-
A bill to repeal Act requiring Board of Commissioners of Roads an<l Revenues of Charlton County, to pay the Mayor and Council of Homeland certain ad valorem tax.

wEoxE:o;DAY, Auau~T ~3, 1921.

651

The report of the Committee, which was fayorable to the passage of the bill, was agTeetl to.
On the passage of the bill the Ayes were 32, Nays 0.
The bill having receiw~d the requisite constitu tioual majority was passed.

By :Messrs. Smith and Beck of Carroll-
A. bill to repeal Act_ establishing public schools for Villa Rica, Ga.
The report of the Committee, which was fayorable to the passage of the bill, was agree<l to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs Jones mul Macintyre of Thomas-
A bill to amend charter of Meigs.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having receive<l the requisite constitutional majority was passed.

By Mr. Anderson of Chattooga-
A bill to proYidc that the Board of Commissioners of certain counties may elect clerk.

632

JOUR~AL OF THE ~EXATE

The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 3:1, Nays 0.
The bill having receintl the requisite constiiu tional majority was passed.

By Mr. Moore of Fulton-
A bill to amend Act relating to charter of East
Point.
The report of the Committee, which was fayorablc to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 31, Nays 0.
The bill having receiYe<l the requisite constillltional majority was passed.

By Mr. Patten of Lanier-
A bill to provide for the fees of Ordinary of Lanier County.
The report of the Committee, which was faYorabk to the passage of the bill, was agreed to.
On the passage of the bill the .\yes were ;~o. Nays 0.
The bill having recein<l the requisite constitutional majority was passed.

By Mr. Smiley of LongA bill to amend charter of Ludowici.

\VED~EsmY, AuausT 3, 1921.

65~1

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having rPceincl the requisite constitutional majority was passed.

By \Valton Delegation-
A bill to amend charter of Monroe.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the .\.yes were 30, Nays 0.
The biH having rPceived the requisite constitutional majority was passed.

By Mr. May of Liberty-
A bill to amend charter of Town of \Villie. The report of tlw Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill the Ayes were 31, Nays 0. The bill having receind the requisite constitutional majority was passed.
By Mr. Brantley of PierceA bill to amend Act creating City of Blackshear. The report of the Committee, which was favorable
to the passage of the bill, was agreed to.

654

JOUR~ AL oF THE SEx ATE

On the passage of the bill the .Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Burke Delegation-
A b1H to amend charter of Waynesboro.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the .Ayes were 30, Nays 0.
The bill having receiYed the requisite constitutional majority was passed.

By Mr. Bradford of vVhitfield-
A bill to provide a new form of government for Dalton, Ga.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having receive(l the requisite constitutional majority was passed.

By Mr. Clifton of Lee-
A bill to create a Board of Commissioners of Roads and Revenues for County of Lee.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

"\VEDXESDAY, A"C'G"C'ST 3, 1921.

655

On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. "\Vatkins of ButtsA bill to amenll charter of Jackson.
The report of the Committee, which was favorable. to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Pickren of Charlton-
A bill to amewl Act incorporating Folkston, Ga. The report of the Committe~, which was favorable to the passage of the bill, was agree!l to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Singletary of Grady-
A bill to amend Act amending charter of Pine Park, Ga.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

656

JouRXAL oF THE SEXATE

On the passage of the bill the Ayes were ~iO, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Grant of Habersham-
A bill to amend Act relatiYe to charter of 1\H. Airy, Ga.
The report of the Committee, which was fayorabl<> to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having recein~cl the requisite constitutional majority was passed.

B)T Mr. -Whitaker of Lo-wndes-
A bill to authorize the Mayor aml Council of City of Valuosta to establish the grade of any streets.
The report of the Committee, which was favoralJlP
to the passage of the bill, was agreed to.
On the passage of the bill the ~-\yes were 31, Kays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Pickren of Charlton-
A bill to repeal Act requiring Board of Commissioners of Roads ancl Revenue~ of Charlton to pay Mayor, etc. of St. George a certain acl valorem tax.

'VEDKESDAY, AUGUST 3, 1921.

657

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 35, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Swift of Elbert-
A bill to amend Acts creating charter for Elberton, Ga.
The report of the Committee, which \vas favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 35, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Atkinson of Chatham-
A bill to create a Board of Harbor Commissioners for the City and Port of Savannah.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the. passage of the bill the Ayes were 31, Nays 0.
The bill having received thP requisite constitutional majority was passed.

By Messrs. winship and Malone of Bibb-
A bill to amewl Act creating municipal court of City of Macon.

658

JOURNAL OF THE SENATE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Singletary of Grady-
A bill to amend Act creating new charter for City of Cairo.
The report of the Committee, which was favorablt\ to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Guess and McClelland of DeKalb-
A bill to fix compensation of jury commissioners in certain counties.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 29, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gunnells of Franklin-
A bill to ameml Act establishing public school system for Canon, Ga.

"WEDNESDAY, AUGUST 3, 1921.

659

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 32, Nays 0.
The bill having received the requisite constitutional majority \vas passed.

By Mr. Patten of Lanier-
A bill to repeal Act creating school system of Milltown.
The report of the Committee, which was favorabl1J to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Jones and Macintyre of Thomas-
A bill to amend charter of Meigs.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 32, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Winship of BibbA bill to amend Act creating City Court of Macon.

660

JouR~AL OF THE SExATE

The report of the Committee, which was favorable to the passage of the bill, was agTeed to.
On the passage of the bill the .Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Phillips of Jasper-
A bill to create a Board of Commissioners of Roads and Revenues for Jasper.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the .Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Phillips of Jasper-
A bill to repeal Act creating Board of Commissioners of Roads and Revenues for .Jasper.
The report of the Committee, which was favorable to the passage of the bill, w.as agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having received the requisite constitutional majority was passed.

\VEDXESD.u, AuGusT 3, 1921.

661

By Messrs. Beck aml Smith of Carroll-
A resolution proYiding for the increase of the number of members of the Board of Commissioners of Carroll County.
The report of the Committee, which was fayorable to the passage of the bill, was agreefl to.
On the passage of the bill the Ayes were 30, Nays 0.
The bill haYing receiYNl the requisite constitutional majority was passed.

B~, Mr. ::\fcClure of \Valker-
A bill to prohibit aliens from storing dynamite in Georgia.
The report of the Committee, which was fayorabl~ to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 41, Nays 0.
The bill having receiYecl the requisite constitutional majority was passed.
Mr. Foy asked unanimous consent that House Bill No. 388 be withdrawn from the Committee on General Judiciary No. 2 and recommitted to the Committee on Game and Fish and the consent was granted.
Mr. Golucke asked unanimous consent that all Senators having bills to introduce be allowed to do so at this tim.e and the consent was granted.

662

JouRNAL OF THE SENATE

The following bills were introduced, read the :first time and referred to Committee.

By Mr. Jackson-
A bill to amend Act creating City Court of Gray, Ga.
Referred to Committee on Privileges and Elec- Hons.

By Mr. Fleming of the lOth-
A bill to require all cities, etc., to have water approved by the State Board of Health.
Referred to Committee on General .Judiciary No.1.

By Mr. Johns-
A bill to amend the laws relating to issuing marriage licenses.
Referred to Committee on General Judiciary No.2.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the Senate:
A resolution providing for a committee to investigate conditions of State Agricultural District Schools.

'VEDNE~DAY, AuGUST 3, 1921.

663

The following message was received from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend the charter of the City of Atlanta by extending city limits.
A bill providing for an occupation tax on all dealers selling gasoline in this State.
A bill to create the office of Count~r Commissioners of Roads and Revenues for Telfair County.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

111r. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend an Act to incorporate the City of Manchester in the Counties of Meriw<>ther and Talbot.
....\ bill to regulate membership of Boanls of Roads and Revenues in counties of certain population.
A bill to amend the charter of the City of Atlanta.
A bill to repeal an Act to create the office of Commissioners of Roads and Revenues for Telfair County.

664

.JouRNAL Ol' THE SENATE

A bill requiring grand juries of counties of certain population to examine the public rc-cor<ls twice a year.

The following bills were read the first time a11<l referred to Committees.

By Mr. Phillips of Telfair-
A bill to create office of County Commissioners of Roads and ReYenues for Telfair County.
Referred to Committee on Counties and County Matters.

By Fulton DelegationA bill to amend charter of Atlanta by extending
city limits.
Referred to Committee on Corporations.

By Fulton Delegation-
A bill to amend city charter of Atlanta by annexing certain property.
Referred to Committee on Corporations.

By Mr. DuBose of Clarke and Mr. Culpepper of Fayette-
A bill to provide for an occupation tax.
Referred to Committee on Appropriations and Finance.

\VEDXE:sDAY, A"C"GL"ST 3, 1921.

665

By Mr. Smith of MeriwetherA bill to amend Act incorporating City of Man-
chester.
Referred to Committee on Corporations.

By Mr. Riley of Sumter-
A bill to regulate membership of Board of Roads and Revenues in certain counties.
Referred to Committee on Counties and Count~ Matters.
By ::\[essrs. Hunter, Atkinson and Valentino of Chatham-
A bill to proYi(le that grand juries of certain counties be required to examine public records two times a year.
Referred to Committee on Special Judiciary.

By Mr. Phillips of Telfair-
..\ bill to repeal Act creating office of Commissioners of Roads and Revenues for Telfair Count~'
Referre<l to Committee on Counties and County Matters.
The following message was receiYed from His Excellency, the Governor, through his Secretary, Mr. Blalock:

Mr. President:
I am directed b~ His Excellency, the Governor, to deliver to the Senate a sealed communication, to

666

JOUR~ AL OF THE SE~ ATE

which he respectfully invites your att<>ntion in executive session.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the follmYing report:

Mr. President:
Your Committee on Special .Ju<liciary has had under consideration the following bills of the House and instructed me, as their Chairman, to r<>port the same back to the Senate with the recommendation that the same do pass, to wit :
House Bill No. 431.
Senate Resolution No. 52. GoL"LCKE, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

11r. President:

Your Committee on Special Jwliciary has had under consideration the following bills of the House
and instructed me, as their Chairman, to report the
same back to the Senate with the recommendation that the same do pass, to wit:

House Bill No. 433.

House Bill No. 439.

House Bill No. 444.

GoLUCKE, Chairman.

Mr. John E. Foy, Chairman of the Committee on Game and Fish, submitted the following report:

W"EDXESDAY, AUGUST 3, 1921.

667

lJfr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 388.
Respectfully submitted, JoH:;;r E. FoY, Chairman.
The following bills, favqrahly reported, were read the second time.
By Mr. Bush of Lamar-
A bill to create City Court of Barnesville.

By Mr. Smith of Bryan, et al-
A bill to amend Section 594 of Code relative to hunting.

By Mr. Corbitt of Atkinson-
A bill to amend Acts relative to holding Atkinson Superior Court.

By Messrs. Ficklen and Bobo of WilkesA bill to amend Act establishing City Court in
Vvashington, Ga.
By Mr. Branch of TurnerA bill to repeal Act establishing City Court of
Ashburn.

668

.JorRXAL oF THE SEXATE

The following bill was rPa<1 the third time and takPn up for consideration.

By Mr. Dobbs of Cobb-
A bill to provide bail for the appearance of persons charged with the off('nse of a misdemeanor.
Mr. Clay offered the following anwwlnwnt:
".Amend by striking Section :? and numbering remaining Sections acconlingly. ''
The amendment '~ adoptc(l.
The report of the Committee, which was favorable to the passage of the bill, was agre<'d to.
On the passage of the bill the A~-es were 27, the Nays were 1.
The bill having receive<l the requisite constitutional majority was passPd as amended.

The following bill was read the thinl time and taken up for consideration:

By Messrs. Cone, Bellah and Pope-
A bill to regulate the opPration of motor vehiclE's and motor cycles upon tlw public strePts a11<l highways of this State.
Mr. Ridley offere(l the following amen<lment:
''To amend by adding a new Section to be numberecl Section 7 an<l numbering remaining Sections accordingly.

\YEDXESDAY, AFG"LTST 3, 19~1.

669

"Section 7. Be it further enacted, That no automobile, motor cycle, or other motor vehicle shall be run upon the public roads or streets of this State without a muffler on such motor vehicle and same shall be closed and kept closed while in operation.''
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the .A~ps were '27, the Nays were 4.
The bill haYing received the rt>quisite constitutional majority was passed as amen(led.
Mr. Bro"n moved that the session of the Senate be extended one hour today and the motion prevailed.

The following resolution, favorabl~ reported, was read the second time :

B~ Mr. Bo~kin of the '29th-
A resolution for relief of .J. .J. Price as surety on a bond.

Mr. Palmour of the :-t3rd, Chairman of the Committee on Privilegt>s of the Floor, submitted the following report:

llfr. President:
Your Committee on Privileges of the Floor has had under consideration the following resolutions of the Senate and instructccl me, as their Chairman,

670

.JouRx AL Ob' 'I'HE SEx ATE

to report tho sanw back to the Senate with the recommendation that the sanw do pass, to wit:
A resolution extending to the Han. G. H. Roberts the priYileges of the floor for a perio<l of :~ days.
A resolution extending tlw privileg<'s of the floor to Mrs. Dennis Fleming for :~ days.
~\ resolution extending tlH~ privil<'ges of tlw floor to ~Iayor ..:\ll(lrew F~rwin, of Athens, Ga.; l'X-SC'nator Ivan Allen, ex-Senator ('..J. Harlwn, Hrv. F. F. 'Wills, of Cohh County, mHl Hon..John L. Ht>rd, of Daytona, Fla., for a p<rio<l of three dayH.
The report of the ConnuittPe was adopted.

The following bill was read the third time and taken up for consideration:

By Mr. Singletary of Grady-
A bill to authorize the Gonrnor from time to time
to set apart tho rental of the ,V. and A. Hailroad for
limite<l periods, and for other purposes.
Mr. Thomas offered the following anwndment:
"Provided that 100,000 dollars set asi<le as pubhlic school fund he paid out of the GPneral fmHL''
The amendnwnt was a<lopt<'tl.
Mr. Thorpe called for tlw previous qtwstion and the call was sustained.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the bill, was agree<l to aH ameiHled.

'vEnsEsDAY, A uaesT 3, 1921.

671

Mr. Brown asked unanimous consent that the session be Pxtende<l until the bill under consideration was disposed of.
Mr. Akin objected.
Mr. Thomas moved that the session be extended until the bill under consideration was disposed of and the motion prevailed.
Mr. 'Yalker asked unanimous consent that Senate Resolution No. 48 he rea<l and the consent was granted.
On the passage of the hill Mr. Walker called for the Ayes HIHl Nays antl the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Aldn, L. R. Bellah, J. :\1. Bond, Chas. N. Drown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Davison. J. E. Ellis, R. C. Fleming, Denis Flemin?, W. 0.

Foy, John E. Hollingsworth, .J. C. Hutchins, H. C. .Jacl,son, J. B. .Johns, G. A. Jones, John H. .Jones, 0. K. Kimzey, Sam .:\fanson, Frank C. .:\Iills, .J. H. Nix, 0. A. Palmour, J. E.

Peacock, C. H. Ridley, Dr. C. L. Rountree, J. L. Snow, Russell E . Ta:rpley, R. 0 . Ta:ylor, Geo. W. Thomas, James R. Thorpe, E. M. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed

Those voting in the negatiw were Messrs.:

Boykin, James H. Hunt, T. M. Lassiter, W. H.

Pope, David F. Sheffield, R. H. Walker, B. F.

Womble, M.D.

672

Joun~AL OF THE SENAT.E

Those not voting were Messrs.:

Colson, D. C. David, A. B. Goluckc, Alvin G.

Haralson, Pat Holmes, R. H. Richards, Will

Stovall, E. B. Mr. President

The bill having rec<'iw<l tlw rt>quisih' constitutional majority was pnssr(l as amended.
By unanim~ms consent Hous<> Bill Ko. :~86 was with<lra"n from thl' Committee on .Agriculture, read the second time and recommitted to the Committee on .Agriculture.
Tlw hour of atljournnwnt havin~ arrive<l the President announced the Senate a<ljourne<l until tomorrow morning at 10 o'clock.

THuRsDAY, Aum.JsT 4, 1921.

SENATE CHAMBER, ATLANTA, GA.
August 4th, 1921.

The Senate met pursuant to adjournment at 10 o'clock A. M., and was called to order by the President.

Prayer was offere(l by the Hon. P. T. Knight, member of House of Representatives.

By unanimous consent the call of the roll was dispensed with.

lir. Foy, Chairman of the Committee on .Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.

Mr. \Valker gave notice that at the proper time he would move that the Senate reconsider its action on yesterday in passing House Bill 190 C.

By unanimous consent the reading of the Journal of yesterday proceedings was dispensed with.

Mr. \\?alker moved that the Senate reconsi(ler its action on yesterday in passing House Bill No. 190 C.

Mr. Walker called for the Ayes and Nays and the

Call 'vas sustainecl. ------- --- -----~-

-- -

The roll call was ordered and the vote was as follows:

674

JOURNAL OF THE SE:~UTE

ThoEe voting in the affirmatin were Messrs.:

Bellah, J. :M. Bond, Chas. N. Boykin, James H. Collum, J. M. DaYison, J. E.

Golucl\e, Alvin G. Hunt, T. :M. Lassiter, W. H. Peacock, C. H. Ridley, Dr. C. L.

Sheffield, R. H. Ta;rpley, R. 0. Walker, B. F. Wohlwender, Ed Womble, M. D.

Those voting in the negative were Messrs.:

Akin, L. R.
Campbell, R. w.
Childs, E. W.
Cone, Howell DaYid, A. B. ~;l!is, R. C.
Fleming, Denis
Fleming, w. 0.
Foy, .John E.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hutchins, H. C. .Jacl\son, J. B. Jones, .John H. .Tones, 0. K. Kimzey, Sam
:\!anson, Fran!\ c.

Nix, 0. A. Palmour, J. E. Rountree, J. L. Snow, Russell E. Ta;ylor, Geo. W. Thorpe, E. M. Wall, Dan weaver, J. D.

Those not voting were Messrs. :

Brown, L. C. Colson, D. C. Johns, G. A. :\iills, J. H.

Pope, David F. Richards, Will Stovall, E. B. Thomas, James R.

Williams, Wiley :\lr. President

Ayes 15, Nays 26.

The motion to reconsi<ler was lost.
At request of l\1 r. .Jones of th:.l :nth, House Bills Nos. 524 and 525 wpre with<lnrwn from tht- Committee on Corporations, rea<l tlw second time and recommitted to the Conunittel' on Corporations.
At request of l\lr. Cla~, House Bill Xo. :~94 was withdrawn from the Committee on ..:\ ppropriations and Finance, read the secon<l time and recommitted to the Committee on Appropriations and ~,inance.
At request of l\Ir. Williams, Senate Bills Xos. 115 and 116 was withdrawn from the consicleration of the Senate.

THURSDAY, AUGUST 4, 1921.

675

At request of Mr. Bellah, Senate Bill Xo. 19 was tabled.
Mr. Clay asked unanimous consent that when the hour of adjournment arrives the Senate go into executive session and immediately after dissolution of executive session stand adjourned until tomorrow mornmg nt 9 .o'clock, aU<l the consent was granted.
By unanimous consent House Bill No. 187 was withdnnvn from the Committee on .Appropriations and Finane(', reafl tlw second time, and recommitted to tlw CommittPC' 011 ..-\ ppropriations and Finance.
At the request of )Jr. :J1anson, House Bill Xo. 452 was withclrawll from the Committee, read the second time, aml recommitted.
The following bills were introduc>d, r>ad tlw first tinw mHl r>ferrf'd to Committee.

By Mr. Haralson-
A bill to provide for the levy, sale, etc., of fi fas.
Referred to Committee on General Judiciary No.2.

By Mr. Hunt of the 20th-
A bill to amend Act establishing public school system for Sparta, Ga.
Referred to Committee on Education.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

676

JouRNAL oF THE SEXATE

111r. President:
The House has passe<l by the requisite constitutional majority the following bills of the House:
A bill to repeal an Act incorporating the Town of Kirkwood.
A bill to amend the charter of the City of Atlanta relative to extending city limits.

The following message was received from the Hous<, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to amend an Act creating a public school system for the City of \Yaycross.
A bill to amend an Act creating the Boar<l of Commissioners of Roads and Revenues for the County of Toombs.
A bill to amend an Act providing a new charter for Madison.
A bill to incorporate the To\yn of Millen.
A bill_to amend the charter of the City of Macon.
A bill providing for the creating of a bond commission for the County of \Vilcox.

Mr. President:
The House has passed by the requisite constitutional majority the following bills, to wit:

THURSDAY, AUGUST 4, 1921.

677

A bill to amend the charter of the City of Moultrie, Ga.
A bill to amend the charter of the Town of warwick.
A bill to regulate the calling of the docket of criminal cases in the Superior and City Courts in this State.

.Mr. President:
The House has read and adopted the following
resolution of the Senate, to wit:
A resolution providing for a vote from the people of Georgia on the question of the ad valorem tax in this State.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

Mr. Ptesident:
The House has passed by the requisite constitutional majority the following bills of the Sc'nate, to wit:
A bill to amend the charter of City of Brunswick.
A bill to amend an Act to incorporate the Town of Hillsboro in the County of Jasper.
A bill to increase the fees of coroners, constables and jurors in counties of 200,000 or more population.
The following message was received from the House, through Mr. Moore, the Clerk thereof:

678

JouR~AL OF THE SENATE

Mr. President:
The House has read and adopted the following resolution, to wit:
A resolution seeking to relien tlw bondsmen of M. ~V. Hutchinson, tax collector, \Vilcox County.

The following bills W<'re read the first tinw and referred to Committees:

By Mr. Monroe of Wilcox-
A bill to provide for the creating of a hoiHl commission for the County of W"ilcox.
Referred to Committee on Counties and County Matters.

By ~Iessrs. Tyson aml Lewis of ~Vorth aml ( 'olquitt respectively-
'V A bill to amend the charter of the '1\nm of \Var-
wick in orth County.
Referred to Committee on Corporations.

By Mr. Blalock of \Vare-
A bill to amend th<> Act approved July :2~l, 19Hl, creating a public school system for the Cit~' of \Yaycross.
Referred to Committee on Education.

By Mr. Lankford of ToombsA bill to amend an .Act creating the Board of Com-

THURSDAY, AuaesT 4, 19:21.

679

nusswners of Roads and Revenues in and for the County of Toombs.
Referred to Committee on Counties and County Matters.

By Messrs. Fowler, Malone, "Winship of Bibb County-
A bill to amelHl the charter of the City of Macon, Ga.
Referred to Committee on Corporations.

By Mr. Sumner of "Wheeler and Mr. Brown of Emanuel-
A bill to regulate the calling of the docket of criminal cases in the Superior a11<l Cit~ Courts of this State.
Referred to Committee on GenNal Ju<liciary.

By Mr. Dixon of JenkinsA bill to ame11<l an Act to incorporate the Town of
Millen.
Referred to Committee on Corporatiorts.

By Messrs. Halloway, Moore and Bentley of Fulton-
A bill to amell<l the charter of Cit~ of Atlanta, relative to Town of Kirkwood.
Referred to Committee on Corporations.

680

JouRKAL OF THE SEKATE

By Messrs. Guess and McClelland of DeKalb-
A bill to repeal an Act to incorporate Town of Kirkwood.
Referred to Committee on Corporations.

By Mr. Baldwin of Morgan-
A bill to amend an Act, approved October 6, 189J, providing a new charter for Madison.
Referred to Committee on Corporations.

By Mr. Lewis of Colquitt-
A bill to amend the charter of the City of Moultrie.
Referred to Committee on Corporations.

By Mr. Monroe of wilcoxA resolution seeking to relieve the bon<lsmen of
M. vV. Hutchinson, tax collector, wilcox County.
Referred to Committee on Special Judiciary.

Mr. Jno. E. Foy, Chairman of the Committee on Game and Fish, submitted the following report:

ilfr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House, Xo. 329, and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted, J:xo. E. FoY, Chairman.

THL"RSDAY, ,\ L"GL"ST 4, 1921.

681

Mr. President:
Your Committee on Penitentiary has made a careful inspection of the State's property at MilledgeYille known as the State Farm, embracing buildings, crops, lin' stock, farming implements, and pnsoners kept tlwreon.
\Ye beg lean to make the following report:
The stockade, buildings, grounds and prisoners \\-ere all fonn<l to be kPpt in an Pxcellent way. Prisoners well feel and clothed and given all necessary medical attention. \VP commend \Varden Smith for the able manner in which he has conducted the institution, with the following exceptions herein set forth:
That in the futurP more care should be taken in regard to the general reputation of prisoners giYen certain priYileges and known as trusties. \Ve censure the action of \Varden Smith for making a trusty out of Abe PowPrs within ten days after being receiwd at thP State farm and allowing him to escape.
\Ve found Yermm m the white wanl at the male stockade, which was a condition without excuse.
Vlfe requested the immediate removal of the man in charge of that building, known as the yard man, which request was complied with promptly by \Yarden Smith.
At the women's building \YP fouiHl an improYement over former conditions. \Ye also found these prisoners well cared for, properly fed and given due medical attention.

682

.JocRXAL OF THE SENATE

The building >vas exceptionally clean and sanitary, with the following objectionable feature, to wit: vermin in the negro ward. This was cause<l probably on account of the inability of the yard man to remove from this ward the beds and beclclillg into the open for the purpose of destroying these Yermin; it had been raining for several days. \Ve also foull<l the roof leaking and in need of n~pair.
\Ve wish to comme1Hl \Vanlen J<~theridge on his administration of this hranch of the Ntate D<>partment.
SUB-COMMITTEE'S REPORT.
rrhis Committee tntYeled all over the farm and found it well cultivate<l and the crops show that tl1p~ have been well planne<l an<l worked. They are very much better than crops on adjoining farms and in our opinion this is the be>st crop we lunp eYer SPPH on this farm.
'fhis farm is compospd of 4,200 acres aceordiug to information furnished by the Chairman of tlw Prison Commission, 2,000 of which is under fence, a large portion of this being use<l for spring and summer pasture, while somP of the land mHler cultivation is ned for pasture during th<> fall and wintt>r. The crops on the farm is as follows: About ~00 acns was in oats, 75 acres in \Yheat, about 1,500 acres in corn. Most all of the la11<l sowed in grain is plantt><l in corn and forage crops. It is tlw opinion of the Committee that this farm will produce nearly 20,000 bushels of com this .\'Par. Tlw farm has been producing all of the food stuffs use<l on the farm and also produces corn meal for tlw iwismwrs. ~\ hont

Tuun:-;DAY, .Aum::-;T 4, 19:21.

68~~

:2,750 gallons of syrup was made on the farm last year a.ccording to information furnished by th0 Superintendent of the farm. They have three potato curing houses on this farm, two at the men~ camp and one at the women's camp. The potato crop this year is unusually good, and we commend the Prison Board for buil<ling curing houses and producing so many potato<>s. \Ve also fin<l that they grow very large vegetable crops an<l produce enough vegetables for the entire farm.
\Ve find that there is practically no improwd farm machinery use<l on the farm. \VP presume, however, that this is due to the fact that the farm labor is unskilled.
\Ve find that the State has a large number of live stock ori. this farm; at the men's camp they have 200 ho~s, 50 milk cows, 70 dry cows, 42 calves and one bull. They han 20 mules, 19 nuuPs, :24 colts, 4 horses and 1 jack. At the women's eamp they
have 150 hogs, 55 cows, 15 heifers, 15 calves and 1
bull. They have 25 mules, ~~ mares and 1 colt.
\Ve commend the management of the farm for raising live stock and PS}><'Ciall~ in raising mules for use on the farm.
Respectful!~ submitted,
R. \V. CAMPBELL, Chairman.
DAviD F. PoPE, Vice-Chairman.
\VILL RICHARDS,
G. A. JOHNs, 27th Dist.
G. \V. TAYLOR, J. L. RouxTREE.

684

.JOURXAL OF THE SEXATE

REPORT OF THE SEKATl<J COMMITTEE YISITING THE TlTBERCFLOSIS RAKATORIUM AT ALTO, .JULY, 1921.
Attached her<:'to is the report from the Sanatorium itself, which after careful insrwction we "ish to incorporate in our report because \Ye can yerify same.
On our inspection of the main buil(ling we fountl same clean, sanitar~- an(l in fair repair, but entirel~ too small. In the basement is the kitchen which was clean and sanitary, the dining room entirel~r inadequate and crowde(l, but clean. Boiler room in good repair and clean, and meets the requirPments of the building. Here also is the laun(lry, linen rooms and pantry, all of which are entirdy too small.
The upper story is diYided into wards whPre the more seriously ill are care(l for. These wards are as large as the building will permit, they an' wdl Yentilated, well lighted, are cool, clean al}(l sanitary. The beds are clean.
Besides the main building there are eight rottagPs which we founrl in fair physical condition-all i1eed painting; inside and out-new roofs will soon be in order. These cottages are all well kept-four for men and four for women. They are clean and seemingly good.
The superintendent's quarters haYe bePn oYerhauled, he doing a good portion of the work himself. These quarters are clean and perhaps good enough but not elegant by any means.
The cow barn is inadequate, it is fairly sanitary but no shed for the protection at night of the cattle

THUR~D.AY, ..:\ l:GU~T 4, 1921.

685

has been provided-this should be done both for protection to the cows and in order that the manure may be accumulate<l for farm purposes, and thereby reduce the price of commercial fertilizer on the farm.
A shed should also be built to stor0 the farm tools, wagons, etc. The barn was poorl~' planned, is only a one-story building with no loft for storing hay, etc.
The inmates to a person told us that they are well cared for, plenty of food and good attention. They appear the happiest, best natured bunch of sick folks this committee en'r visited. The)' are in clean surroun<lings, have carc>ful aml compentent nursing, and have the greatest confidence in and respect for the superintewlent, Dr. Gli<lllen. They say to a man they have no complaint, an<l men who have been inmates of other institutions tell us they get better service, better foo<l an<l more careful medical atten~ tion than the~' got at other institutions which cost them more and which ha<l more money.
we will gladly rccomme1Hl to this body the man in charge of this great work, Dr. Glidden, a Georgia, a native of S1wannah. He is peculiarly fitted for this work, having made tub<'rculosis a life study, has had the <liseasc himself and this fact coupled with the fact that he is well, prove quite an in-
spiration to his patients.
Dr. Glidden is keenly alive to the needs of his patients, shows a personal interest in each one of them, and we unqualifiedly say that he is doing a great work and should have the backing of this body as well as of the entire State, of Georgia.

GSG

J OURXAL OF THE SExATE

We recommend the building of quarters for nurses and assistant physician-two of tlw eight cottages are usell for this purpose now, and if this be (lone we could care for :20 more patients. \Ve trust that the time may soon come wlwn Georgia can rt>all~' <1o something big for her tubercular colon~. \Vith 30,000 cases annually and 3,000 dPaths annually aml when we can only care for D;) of th<>se ~iO,OOO, \\e feel that we are doing but littlt> inder<l along this line.
It was a wise proccdurP \\'hen the control of this institution was put in tlw hands of the State Board of Health, and it is largelr <hH' to the dTorts of this body that the institution has reached somt> <legTeP of efficiency.
More food products and mme fped for the cattle should be raised on the farm, and W(' recommewl that every effort possiblP along this lin< be made so that the institution may contribute t>ver)' thing possible to its support. Mon' land should lw cleare<l. The crops are good and tlw cattle aml stock in gooll order.

STATE TUBERCl'LOSIN S.\XATOHI Cl\1 ALTO, GA.
Why Does Georgia Xel'd a IAtr,r;er Tubt'J'('lllosis Sanatorium?
Because the present Sanatorium has onl~ ~);) beds, and could increase only to 100 if it had tlwse additional beds.
There is at present a \\aiting list of 55 patients begging that they be admitted to trPatment. There are seldom less than 35 on this list.

THURSDAY, .A 1'GlTST 4, 1921.

687

During the past 18 months we han averaged admission of 17 patients per month.
If we continue to be able to do this, it will take over three mouths to reach and admit to treatment the 53rd patient. ThreP months of suffering to the patient aiHl heart aches for the famil~, not to mention the time lost in curing the patient, and the advance of the disease, many casPs lm;p all chances of cur<' in :1 months. The ave>rage time lwtween receipt of application and <Hlmission of tlw patiPnt during the past year was 3 weeks.
Approximately 3,000 patients die of tuberculosis in Georgia annuall~. I,~or even death it is estimated that ther<' are h>n other rwrsons ill with tuberculosis.
Sociologists vahH' human life at $:~,000. If this figure he corre>ct, Georgia has a loss of $.9,000,000 a year by reason of deaths by tuberculosis alone.
The loss from sickness from tuberculosis amounts to such a figure as to almost stagger comprehension.
Georgia is furnishing not a single bed for the care of tubercular negroes, and yet 45% of our population are negroes, and T. B. is two or three times more frequent among the negroes, '"ho are brought in close contact with the white race as cooks and servants, and what is more serious as nurse girls for our children, a11<l thus spreads the disease to the white race. The larger Sanatorium would make it possible to take care of 100 nPgroes, a11<l ~100 whites. $500,000.00 would build a modern Sanatorium to accomplish this.

688

JouRxAL oF THE SEKATE

The number of patients rejected in 1920 was 88; some because they were too far ad\'anced to be benefitecl by the Sanatorium as equipped at present; some were discouraged by the length of the wait an<l \\'ent elsewhere for treatment; some died while waiting to be admitted. A larger, more modt>rn Sanatorium would reduce the numlwr of r<>j<>cted patients and deaths.
There are no accommodations for the carc> of chilclren. The~ cannot be properl.' treated mHlc>r prc>se11t conditions. The new Sanatorium would be built with this problem in mind for it is in chil<lren that the disease is found in its earliest stag<>s a11<l most can be done for tuberculosis both as a disease and as a problem in public health an<l public welfare.
vVhat Have Other States Donr In Proridinq Sanatoria?
Massachusetts and Connecticut each haY<' four Sanatoria none of which are less than 1~;) lwds each.
Virginia has two Sanatoria for \\hites and anotlwr for negroes.
North Carolina has a State Sanatorium for 2;)0 beds.
Mississippi last appropriate<l $1,200,000 for additions to its Sanatorium (1919).
Texas has a Sanatorium for earl.'' cas<'s alone that cost $1,500,000.
Will A Larger Sanatorium Rrduce Thr Death Rafr>; And Save The State Loss?
During 1919 and 1920 Georgia State Sanatorium obtained 45o/o arrests (cqui\'alent to cu n) among all

THURSDAY, AUGUST 4, 1921.

689

types of cases, and 70% among early cases. No better results are obtained in any other disease.
Every case cured is an economic gain, every case dying an economic as >Yell as financial loss.
A $500,000 investment that saves $9,000,000 most certainly is a good investment.
Further than this it will reduce sickness by curing some, relieving many who are suffering with tuberculosis. Prevent the spread of the disease through others, and b~ teaching hygienic life to patients who will carry these lessons home to others.
Could The Sanatorium BP Built Part This Year and Part Next Year?
At a higher ultimate cost, perhaps yes. At a sacrifice of efficiency, a sacrifice in human lives an<l human suffering and with a loss of valuable time. \Ve are told that now is the proper time to build, because of the condition of the market in building supplies.
The old Sanatorium was planned to be built by piece-meal, but onl~ a minute part of the plan was ever carried out, so that now the buildings are ol<l and sadly in need of repair and ne.-er properly equipped.
A larger plant, as recommended, necessitates a large administration building with quarters for staff and servants, which must be built first. And to wait to build patients quarters later is to procrastinate in the fight against tuberculosis. To procrastinate, is to lose the fight at the nry first. \Ve believe it must be done now. \Ye urgently recommend that it be done now.

690

JouRKAL oF THE SEXATE

FOOD FOR THOUGHT.

Population of Georgia . . . . . . . . . . . . . . . . ~.8~)5,8:52

Total Death Rates From Tuberculosis . .

2,54:-3

Total Death Rates for -Whites From

Tuberculosis 1920

949

Total Death Rates for Kc-grops From Tubc-rculosis 1920

] ,54~)

Number of Beds at StatP Tuberculosis Sanatorium for \Yhit<s ............ .

Number of beds at State Tuberculosis Sanatorium for Negroes

None

Very little can be done or solve the tuberculosis problem in Georgia until a larger State Tuberculosis Sanatorium is provided, which will take carP of both whites and negroes.

\Ve will ask the State Legislature this year for $500,000 for the construction of such an institution. The welfare of Georgia citizens tlemands more aggressive and more adequate warfare against tuberculosis. A larger institution will be a start in thcright direction.

\VILL YOU HELP FS ~

STATE TuBERCFLosrs SAXATORIF:-.r,
Alto, Ga.

THURSDAY, .Aum:sT 4, 19:21.

691

STATE T"CBERCULOSIS SANATORIUM ALTO, GA.

Institution

Total Cost l~ood Cost Total Cost J;'ood Cost Bed Per Cap. Per Cnp. Per Cap. l'l'l' Cap. Cap'y Per Diem Per Diem Per Diem l'et Diem

1919

Md. State San.

1.29

R. I. State San.

1.97

N. C. State San. . . 2.65

Arkansas San. . ...

Conn. State San. (lVI) 3.068

Conn. State San. ( S) 2.223

Conn. State San. (H)

Miss. State San.

3.00

Minn. State San.

1.97

N. Dak. State San.

Rutland San. . ... . 2.051

Westfielu San. . .. . 1.80

Va. San. for Negroes

Forrester San. Cal. ..

Forrester San. N. Y...

Eagleville San. Penn.

U. S. Naval Hosp. . . 2.1207

Sea View San. N.Y.C. 2.169

Blue Grass San. Ky... 1.72

Cleveland City Hosp. 3.12

Cleveland T. B.... .

D. C. T. B. Hosp. . .

Detroit San. . ...... .

Rens. Co. San. N. Y. 2.056

Ga. State San. . . . . 1.894

.58 1.15
.826 1.00 .66 .534
.8407 .50
.693 .78

1920
2.45
2.13 2.426 2.362 2.418 3.00 2.68 2.75 2.397 2.03 1.85 3.57 2.36 2.31 2.3007 2.4609 1.85 3.46 3.51 1.86 2.52 2.14 2.37

.66 .57 1.087 1.18 1.00 .73 .587
1.027 .48
.97 .86 1.11

485 210 200 145 136 200 196 100 250
80 370 264
80 75 50 120 400 1000 60 112 370 109 165 200 83

1920

Average total per diem 1919 ............... $2.229

2.611

Om total per diem 1919 . . . . . . . . . . . . . . . . . . . . 1.894

2.37

Average bed capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244

Our bed capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

692

.Jm:nxAL oF THE SExATE

GEORGIA Jan. 1, 1921 Georgia State Board of llealth

Patients admitted to the State Sanatorium <luring the past three years, shown by Counties.

THrnsnAY, .Arar:;;T 4, 1921.

AUDIT AND SYSTEM COMPANY CANDLER BUILDING
YvALLACE J. FRASER, President

ATLANTA, GA.
Mr. w; J. Fraser, President,
Audit and System Company, 1123 Canclkr Bldg., City.

April 16, 1921.

Dear Rir:

"\Ve have recently looked into the matter of the deficiency in the clairy account, ancl find that our books have not shown proper credits for milk production for five months for the year 1920. The production per month for these months. should average (the estimate being based upon the seven remaining months) about 1,250 gallons. If the milk was valu('d at fifty cents, as it was in other months, this would total $3,125.

Also it is noted that no cr<><lit has been gi,en the dairy for fertilizer produce, so it seems to me the value for the fertilizer shoulcl approximate $1,000, and would represent the profit made in the dairy.

Cannot this be included in the report of your au(lit made in January, in order that our books may appear more exact f

Having been upset by the results of your audit, we determinecl to find if possible, where this discrepancy lay. Not being able to believe that the employees were dishonest, we reached the conclusion that it was the fault of bookkeeping, and upon investigation find that these five months do not show

694

JouRXAL m' THE SEXATE

this credit. It appears it is the fault of bookkeeping, due possibly to ehangc of bookkeepers and the new one not being familiar with our methods.
Yours very truly, E. GLIDDEC'<, 2nd.,
Supt. of :Medical Dept.

AUDIT AND SYSTl<JM COMP~\NY CANDLER BFILDIN'G
\VAU,ACE .J. FRASER, Pr<>RidPnt
ATLANTA, GA.
April16, 1921. Dr. Edson Glidden, 2nd.,
State Tuberculosis Sanatorium, Alto, Ga.
Dear Doctor:
After hearing your explanation of the difference which existed in your Dairy account at the State Tuberculosis Sanatorium, we are satisfied that your solution is correct, as w<:> ft>lt that the Dairy report sent in by your Dairymen was incorrect and improperly entered and we <1Pcide<1 it wouhl be more economical for the State, to have your book-keeper audit this detail for the year, than for us to do it. \Ve are very glad to notP that you luwe <liscowred the deficient.
Crediting the Dairy with $4,125, makes it necessary for us to charge your provision account with $3,125, and your farm operation with $1,000. These charges must be added to your cost of operation, and the per capita stock of maintaining each pa-

THURSDAY, AuaesT 4, 1921.

695

tient at the institution froin $2.24 per day to $2,372 per day. \Ve trust that we will be able to include this in your annual report.
Yours very truly,
AuDIT AND SYsTEM Coi\IPANY,
\V. T. F'raser, Presiden:t.

SENATE CHAMBER, ATLANTA, GA.
July 27th, 1921.
A minority of ~-our Committee on Penitentiary, appointed for the purpose of making an inspection of the State Penitentiary an<l Prison Farm; begs leave to submit the following report:
Your Committee made a thorough inspection of both the male and female wards, both white and colored, of the State Penitentiar~. Your Committee found that the white male wanl was infested with vermin and shows no signs of having been disinfected in many months. We also fiiHl that the water and food "hich is supplied to tlw prisoners is not conducive to the health an(l w('ll-bPing of the inmates thereof. Upon interrogating \Yartkn .J. E. Smith, who was with your Committe<' in person at the time the white male ward was inspect('(l, he admitted voluntarily to your Connnitt('(' that the unsanitary conditions existing in sairl war(l were unpardonable, a condition which he was ashamed of, and that the matter had simply slipped up on him. Upon further interrogation of Warden Smith, at an hqur subsequent to the said investigation, the said \Varden stated to your Committee that he had been warden of the State Penitentiary for a -period of fourteen

6~)6

JouRXAL OF THE SENATE

years, and that, the sanitary conditions which existed on the day of inspection by your Committee were worse than they had ever be('n since his entire service of fourteen years as Chief warden of the State Prison Farm. Upon being interrogated as to who was responsible for this deplorable condition the \Varden stated voluntarily that he was partly responsible for the unsanitary conditions, also that a certain guard by the name of Cowan whom he had in his emplo~ was also partly responsible. Upon being further interrogated, \"Varden Smith further stated to your Committee that said cleputy.,Cowan had been in his employ for a period of twelve months, but that he was going to discharge the said Cowan immediately.
Your Committee also inspected the negro male ward and found the same in a more sanitar~T comlition than that of the white male ward, but your Committee also found that dernent<'d prisoners were allowed to mix and live with the same prisoners in this ward.
Upon inspection of what is calle<l the Hospital \Yard your Committee found that pris01wrs who were said to haYe contagious diseas<'s were allowed to mix, mingle and live with other sick prisoners who had no contagious diseases.
Upon inspection of the provision house your Committee found the same in an unsanitary condition, which is not conducive to the health of the prisoners, for that large cans of Sauer Kraut were stored therein and the leakage from these cans has rendered the said provision house damp and foul.

TnuR~DAY, .:\. eGu~T 4, 1921.

6~)7

Your Committee found the bathing places of said male ward in very good condition.
Your Committee after inspection of sai<l male ward retired to the female wards of said institution for an inspection. \Ve found the white female ward in fairly good sanitary condition, but "e found that the hospital accommodations were wholly inadequate, and patients' beds in this ward without proper mattresses and bed linen. The nurse in charge stated to your Committee that she had frequently requested and made requisitions for proper mattresses and proper linen for this department, but that with the ex~eption of a part of the linen having been supplied, her requests had not been complied with. \Ve found that the white female ward is badly in need of a stove, the stove which they are no\Y using being ver~v small and is inadequate for the purpose of cooking food in the proper manner for some forty odd female prisoners.
l'pon inspection of the negro female ward wP found that the sanitary conditions of this ward were not as good as the white female ward. Your Committec> found in this ward small s\\eat boxes, without ventilation, hardly large enough to hold a human being of normal size, which are being used for the punishment of prisoners. \Ve also found chains in said sweat boxes, which \\ere said to be used for the purpose of chaining prisoners when incarcerated therein to prevent said prisoners from sitting clown. In this dc>partment your Committee was appealed to by man~' of the inmates against the inhumane treatment that the~ were daily subjected to hy the guards.

698

JouRNAL oF THE SENATE

L"pon inspection of tlw builllings your Committee found that the building in which tlw colonll femalP prisoners are incarcerated is badl~ in need of repairs, for that the same leaks Yer~ ba(1l~.
Your Committee is forcell to make thl' follO\Ying recommendations in this report lwcause of thP conditions that were found to exist at sai(l Prison Farm, and which were patent to the e~e of tll<' casual observer:
We find that the Prison Commission of GPorgia has bePn both 1wglt>ctful and llPrelict in its llut~, for that Section 1200 of the Penal Code of GPorgia nn<ls as follows:
"It shall be the <lut~ of the Prison Commission to require constant cuHl thorough <lisinft>ction of the quarters of the conYicts, awl tlw obserYance and maintenance of sanitary rules and appliances.''
We find that the Prison Commission of Georgia has failed to perform its duty in compliance with the laws of Georgia, and we condemn the members of said Prison Commission for the sai<l lh'rPliction of duty.
We also recommend that tlH Prison of GPorgia pay more attention to their duties in the future, lwcause the unsanitary conditions, numerous charges of cruel treatment of the inmates of said prison, awl the slackness of the \Varden in chargt>, are a reflection upon a civilized people, such as inhabit this great State of ours.
Your Committee also went into tlw inYPstigation of the unwarranted escape of one Abe Powers,

THURSDAY, ~\ "CGL'ST 4, 1921.

699

famous throughout the confines of this great State

as a convicted bunco artist awl wirP tapper. \Varden

J. E. Smith admitted that the said Powers was made

a trusty within ten clays after his arriYal at tlw

Prison Farm. He also stat~<l that some days before

his escape that A be Pmn'rs was a convictPc1 bunco

artist and wire tapper.

'

\Varden Holderfield was also interrogatefl as to his connection with the said . \ lw Powprs. He stated that Abe Po~wers was turne<l oY<>r to him as a trust), with no instructions \vhatso<>nr, but that he ha<l the privilege of going and coming back mHl forth over the Prison Farm, and that lH', the sai<l Hol<lerfield, was only interested in se0ing that the said Abe Powers performed his duty as water boy to his squad, and that the said Abe Powers was not kept under the gun, or under the guard during the day. He further stated to your Committee that at the time the said Abe Powers f>scape<l from the State Prison Farm he was in the fiL'ld without a guard, and that the first information he receive<l of the escape of said Abe Powers was some forty-five minutes later and then his information of the escape was received from a trusty.

The Chairman of the Prison Commission, Judge
R. E. Davison, also appeare<l before your Committee
and Yoluntaril~ stated that 11either he 11or the other members of the Prison Commission knew that the said Abe Powers was an inmate of the State Farm until after his escape.

Your Committee condemns the Prison Commission of Georgia for its neglect of this self-confessed dereliction of duty. Your Committee also finds that

700

JouRXAL oF THE SEXATE

\Varden J. E. Smith was derelict in his t1uty and by his loose method of administration the said Powers was allowed to escape. we recommend that the Prison Commission of Georgia remove said \Varden Smith from the State Farm, and we also condemn the Prison Commission of Georgia for having allowed the said J. E. Smith to act as \Varden of the Prison Farm after the escape of the said Ab0 Powers, for that the said Prison Commission ha<l an equal, if not better, opportunit,,- of ascertaining the facts that were gathered by your Committee, just subsequent to the escape of said Abe Powers.
"\Ve also recommend that a Committee of five members be appointed. from the Senate as an investigating committee to make such further inspection that will remedy the deplorable conditions now found to exist in the State's Prison Farm.

DAVIS FLEl\IIXG.

R. 0. TARPLEY.

C. N. Boxo.

Mr. President:

Your Committee on Pensions has the honor to submit the following report:

\Ye recommend that the following bills do pass:

Senate Bill No. 80.

Senate Bill No. 96.

MANSON, Chairman.

Mr. Lasseter, Chairman of the Committee on General Judiciar~- No. 1, submitted the following report:

THFRSDAY, AuorsT 4, 1921.

701

JJh. President:

Your Committee on General .Judiciary No. 1 has had under consideration the following- bill of the
Senate and instructed me, as their Chairman, to
report the same back to the Senate with the recommendation that the same do not pass, to wit:

Senate Bill No. R9.

LASRETER, Chairman.

Mr. Kix, Chainnan of the Committee on General .Judiciary Xo. 2 suhmittC'd the following- report:

JJfr. President:

Your Committee on General J ucliciary has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

Senate Bill No. 152.

Senate Bill No. 155.

R-espectfully,

Nrx, Chairman.

Mr. Lasseter, Chairman of the Committee on General .Judiciar~ No. 1, submitted the following report:

Mr. P1esident:
Your Committee on General .Ju(liciary No. 1 has had under consideration the following bills and instructed me-, as tlwir Chairman, to report the same

702

JouR~AL OF THE SENATE

back to the Senate with the recommendation that the same do pass, to wit :

Senate Bill No. 109.

Senate Bill No. 161.

LASSETER, Chairman.

Mr. Jackson, Chairman of the Committee on Privileges ancl Elc>ctions, submittc><1 tlw following report:

llfr. Ptesident:

Your Committee on Privileges and Elections has had under consideration the following bill of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

Senate Bill No. 163.

,JACKsox, Chairman.

Mr. Golucke, Chairman of the Committee ou Special Judiciary, submitted the followjng report:

llfr. President:

Your Committee on Special Jucliciary has had under consideration the followiug bills of the House m)d instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

House Bill No. 117.

House Bill No. 448.

House Bill No. 516.

GoLUCKE, Chairman.

THURSDAY, Auamn 4, 1921.

703

Mr. Taylor, Chairman of the Committee on Drainage, submitted the following report:

Mr. President:
Your Committee on Drainage has had under consideration the following bill of the Senate -and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Senate Bill No. 120.
A bill to amend drainage laws.
Respectfully submitted,
G. \V. TAYLOR, Chairman.

Mr. Mills, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Conm1ittee on Agriculture has had under consideration the following hills of the House and instructed me, as their Chairman, to report the same hack to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 386. House Bill No. 3~3. House Resolution No. 20.
Respectfully submitted, MILLS, Chairman.

704

JOURNAL OF THE SEXATE

Mr. Hidley, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:

Your Committee on HygieiH' Sanitation has hal under consideration the following' bill of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the reconunemlation that the same do pass, to wit:

Senate Bill No. 159.

HIDLEY, Chairman.

Mr. Riclumls, Chairman of the Committt'e on Counties and Count~ Matters, submitte(l the following report:

J-1-r. President:
Your Committee on Counties mul County Matters has had under consideration the following bill of the House and instructed me, as their Chairman, to n'port the same back to the Renate with the recommendation that the same do pass, to wit:
House Bill X o. 49~.
Respectfully submitt<'d,
RrcHARD:,o:, Chairman.

The following bills, favorably reported, were read the second time :

By Mr. Jackson of the 21st-
A bill to amend an Act creating the Cit~' Court of Gray.

THURSDAY, AUG"L'ST 4, 1921.

705

By Mr. Ridley (by request)-
A bill to revise the present laws of the Georgia Board of Pharmacy, to provide for the qualification of the members of said Board, and for other purposes.

By l\fr. Johns-
A bill to repeal Section 4775 (v) of Park's Code of Georgia designating compensa::tion for county court bailiffs.

By Mr. Johns (by request)A bill to amend drainage laws.

By Mr. \VombleA bill to construe Section 3630 of the Code.

By Mr. Boykin-
A bill to put in force the constitutional amendment ratified at the November election in 1920, of Paragraph 1, Section 1, Article 7 of the Constitution of this State relative to veterans eligible to draw pension.

By Mr. Hunter of Atkinson and Mr. Valehtino of Chatham-
A bill amending Section 4995 of the Code of 1910, so as to allow Judges of the Superior Courts in certain counties to appoint secretaries in lieu of court bailiffs.

706

JouRNAL OJ.<' THE SENATE

By Mr. Smiley of Long-
A bill to create a Board of Commissioners of Roads and Revenues for the County of Long.

By Mr. Beckham of Dougherty....,.-
A bill to authorize the State Game and Ji,ish Commissioner to fix and declare open seasons for migratory birds.

By Mr. 'Whitworth of Madison-
A bill to amend an Act providing for holding four terms of Superior Court of Madison County.

By Mr. Sumner of ~Wheeler-
A bill to provi1le for holding three ht'ms a ~Tear of the Superior Court of Wheeltr County.

Hy Mr. Hodges of Evans-
A bill to amend an Act to preYent the intro1luction into and dissemination within the Stah of Georgia of contagious and infectious 1liseast>s of hmwy bees.

By Mr. Hatcher of Muscogee-
A bill to amell(l Section :)3:21 of the Chil Co1le of Georgia of 1910.

By Mr. vVall of Putnam-
A resolution authorizing State Board of Entomology to purchase caleium arsenate for use of farmers.

THURSDAY, A L'GUST 4, 1921.

707

The following message was received from His Excellency, the Gov.ernor, through his Secretary, Mr. Blalock:

Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing to which he respectfully invihs yom' attention in executive session.

The following. bills were read the third time and put upon their passage:

By Mr. \Vohlwen<ler-
A bill to amend code relative to reviver of corporations.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Branch of Turner-
A bill to repeal Act establishing City Court of Ashburn.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.

708

JoURNAL O.F THE SENATE

The bill haYing received the requisite constitntional majority was passed.

By Mr. Ficklen and Mr. Bobo of 'Vilkt>s-
A bill to amend Act establishing City Court m \Vashington, Ga.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received tlw requisite constitutional majority was passed.

By Mr. Corbitt of Atkinson-
A bill to amend Act relative to holding Atkinson Superior Court.
The report of the Committee, which was favorabl<' to the passage of the bill, was agreed to.
On the passage of thc> bill the .Ayes were 40, Nays 0.
The bill having received the requisit<' constitutional majority was passed.

By Mr. Singletary of Grady-
A bill to regulate signing of criminal bonds~
The report of the Committee, which was favorable
to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.

THURSDAY, AUGUST 4, 1921.

709

The bill having received the requisite constitutional majority was passed.

By Mr. Bush of Lamar-
A bill to create City Court of Barnesville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Akin-
A bill to amend an Act to regulate practice of professional nursing in G.:'orgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ..\yes were :26, Nays 0.
The bill having receiwd tlw requisite constitutional majority was passed.

The following r.:'solution was read the thinl time and placed upon its passage:

By Messrs. Duncan and Lankfonl of Hall-
A resolution to re-establish Mrs. Elizabeth Shirley as a pensiOner.
The report of the Committee, which was favorable to the passage of the resolution, was agreed to.

710

JouRNAL o:r THE SENATE

The resolution involving an appropriation the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Campbell, R. W. Childs, E. W. Collum, J. :M. Cone, Howell David, A. B. Davison, J. E. Ellis, R. C. Fleming, W. 0. Foy, John E.

GQlucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Jackson, J. B. Jones, John H. Jones, 0. K. :\ianson, Frank C. :'11ills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Richards, Will Ridley, Dr. C. L.

Rountree, J. L. Sheffield, R. H. Stovall, E. B. TM"pley, R. 0. Truylor, Geo. W. Thorpe, E. M. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

Those not voting were Messrs. :

Brown, L. C.
Colson, D. C.
Fleming, Denis
Haralson, Pat

Hunt, T. M. Hutchins, H. C. Johns, G. A. Kimzey, Sam

Lassiter, W. H. Pope, David F. Snow, Russell E. Thomas, James R. Mr. President

Ayes 38, Nays 0.

The resolution having received the requisite constitutional majority was passed.

The following resolution was read mHl adopted:
A resolution for the appointment of a joint committee from House and Senate to bring about a uniformity of laws regulating fishing between Georgia and Florida.

The following House bill was read the third time and placed upon its passage:

THURSDAY, A "LG"LST 4, 1921.

711

By Messrs. 1Yhitaker and 1Vebb of Lowndes-
A bill to regulate and control the purchase and sale of explosives.

The following amendment was offered:
''Amend Section 6 by striking the words 'fifty cents' in line 9 and inserting in lieu thereof the words 'twenty-fiye cents.' ''
The amendment was a<lopted.
At the request of Mr. Thomas the bill was immediately transmitted to the House for concurrence in the Senate amendment.

The following bill was read the third time and taken up for consideration:

By Messrs. Akin an<l 'Veaver-
A bill to establish kindergartens m the public schools of this State.
Mr. Thomas moved that the bill be tabled and the motion prevailed.
The Senate went into executive session at 1 o'clock P.M.
The executive session was dissolved at 1:30 o'clock P.M.
The hour of adjournment having arrived the President announced the Senate adjourned until tomorrow morning at 9 :30 o'clock.

712

JouRNAL OF THE SENATE

SE~ATE CHA:\1BER, ATLANTA, GA.
August 5th, 1921.
The Senate met pursuant to adjournment at 9 o'clock and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Foy, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensetl with.
At the request of Mr. Akin, of the 4th, Senate Bill No. 84 was taken from the table and placed in its regular order on the calendar.
Mr. Thomas, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules has had under con-
sideration the fixing of order of the clay and instructed me, as their Vice-Chairman, to report the same back to the Senate, to wit:
(a) Local bills to be taken up under unanimous consent.
(b) House Bill No. 386.

FmnAY, A rcn-sT 5, 19:21.
Senate Bill Ko. 127. House Bill No. 24. House Resolution No. 2. with distinct un<lPrstanding that the gasoline tax bill shall haw priority oYer all bills.
Other general tax and general appropriations bill shall folio"- in primit~- tlw gasoline tax bill.
RPspectfull:-- submitte<l, .JAs. H. TnoMAs, Vict>-Chairman.
Mr. Lasseter, Chairman of the Committee on General .Judiciary Ko. 1, submittP<l tlw following report:
1lJr. President: Your Committee on G0neral Judiciary Ko. 1 has
had under consid0ration the following bills of the House and Senate and instructed me, as their Chairman, to report the same back to the Sc>nate with the recommendation that the same do pass, to wit:
Senate Bills Nos. 74, 122, 154, 151, 164. House Bills Nos. 1-1-8, 199, 289, 375.
LAssETER, Chairman.
Mr. Lasseter, Chairman of the Committee on General .Judiciary Ko. 1, SJ_-;innittP<l tlw follo-wing report:

714

JOUR~AL OF THE SENATE

lJ1r. President:
Your Committee on General Judiciary Ko. 1 has had under consideration the following bills of the House and Senate and instructed me, as their Chairman., to report the same back to the Senate with the recommendation that the same do not pass, to wit:
Senate Bills NOS. 33, 45, 77, 111, v~s.
House Bills Nos. 194 an(l 208.
LASSETER, Chairman.

Mr. Thorpe, Chairman of the CommitteP on Insurance, submitted the following report:
Jllr. President:
Your Committee on Insurance has had under consideration the following bills of the House and instructed me, as their Chairman, to report the samP back to the Senate with the recommendation that the same do pass, to wit:
A bill to amend an Act to create a department of msurance.
Respectfully submitted,
THORPE, Chairman.

Mr. \Vohlwender, Chairman of the Committee on Constitutional Amendments, submitted the following report:
J.l{r. President:
Your Committee on Constitutional .:\melHlments has had under consideration the following bills of

FRin.u, .Auou~T 5, 1921.

715

the Senate an<l instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
Amend Section 2, Paragraph 1, Article 11, Constitution, which provides that county officers shall be elected for four years, etc.
Respectfully submitted,
E. \VoHLWENDER, Chairman.

Mr. vVohlwender, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. P'resident:
Your Committee on Constitutional Amendments has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 351.
A bill to amentl Paragraph 2, Section 1, Article 11 of the C"onstitution, changing boundary line of County of Cook.
Respectfully submitted,
E. \VoHLWEXDER, Chairman.

l\lr. Richards, Chairman of the Committee on Counties and County :Jiatters, submitted the follow- . ing report:

716

J Ol!RXAL OF THE SEXATE

lvl r. President:
Your Committee on Counties and Count~' Matters has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to "it:
House Bills Kos. 119, 120, 48:.! as amended, 483, 484, 500, 501, 507, 529, 508 with referendum.
Also House Bill No. 105.
\VILL RicHARDs, Chairman.

Mr. Childs, Chairman of the Committee on l!~du cation, submittecl the following report:

111r. President:
Your Committee on Education has ha(l under consideration the following bills and instructecl me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 472.
Senate Bill No. 167.
Respectfully submitted,
CHILDS, Chairman.

Mr. Thorpe, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance has had umler consideration the following bill aml instructed me, as

FRIDAY, AUG17ST 5, 1921.

717

their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit :

House Bill No. 191.

THoRI'E, Chairman.

l\fr. Jones, of the 37th, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bills Kos. 3~7, 324, 4:-52, 514, 505, 495, 509, 493, 504, 471, 525.
,JoxEo UHth), Chairman.
The following bills, favorably reported, were read the second time :

By Mr. HuntA bill to amend ~\ct establishing public school sys-
tem for Sparta, Ga.
By ~Iessrs. Guess and ).fcClelland of DeKalbA bill to repeal ~\ct incorporating Town of Kirk-
wood.
By Fulton Delegation-
A bill to amend city chartel' of Atlanta by annexing certain property.

718

JOURNAL OF THE SENATE

By Mr. Dixon of JenkinsA bill to amend Act incorporating Town of Mil-
len.
By Tyson of vVorth-
A bill to amend charter of ~Warwick, Ga.

By Mr. Turner of BrooksA bill to amend charter of Quitman.
By Mr. Blalock of vVare-
A bill to amend Act creating a public school system for the City of Waycross.

By Fulton Delegation-
A bill to amend charter of Atlanta so as to mclude Kirkwood.

By Bibb Delegation-
A bill to amend charter of Macon, Ga.
At the request of Mr. Golucke House Bill No. 106 was withdrawn from the Committee on Special Judiciary, read the second time, and recommitted.

By Mr. Smith of Meriwether-
A bill to amend Act incorporating Cit~ of Manchester.

By Mr. Dobbs of Cobb-
A bill to empower .Secretary of State of Georgia relative to fire insurance companies.

FRIDAY, AuausT 5, 1921.

719

By Fulton Delegation-
A bill to amend charter of Atlanta by extending city limits.

By Mr. Baldwin of Morgan-
A bill to anwntl ~Act proYi<ling new charter for Madison.

B~ Mr. Phillips of Telfair-
A bill to create office of County Commissioners of Roads and Revenues for Telfair County.

By Mr. Byrd of Crisp-
A bill to create a Board of Commissioners of Ronds and ReYenues for Crisp County.

. By J\Ir. Monroe of 'Wilcox-
A bill to provide a bon<l comm1sswn for the County of wilcox.

By Mr. Phillips of Telfair-
A bill to repeal Act creating office of Commissioner of Roads and Revenues for Telfair Count~.

By Mr. Lewis of Colquitt-
A bill to create Board of Commissioners for Colquitt County.

By Mr. Gunnells of Franklin-
A bill to create a Board of Commissioners of Roads and Revenues for Franklin County.

720

J OURKAL OF THE SExATE

By Mr. Pickren of Charlton-
A bill to create office of Commissioner of Roads and Revenues for Charlton Co.

By Mr. Pickren of Charlton-
A bill to require county officers of Charlton to gin' surety bonds.

By Mr. Le-..vis of Colquitt-
A bill to repeal Act creating a Board of Commissioners of Colquitt County.

B~, Mr. Gunnells of Franklin-
A bill to repeal Act creating a Board of Commissioners of Roads and RevPnues for Count~, of Franklin.
By Mr. Fowler of Bibb-
A bill to amend an Act to create a department of insurance.

B~- Mr. Fleming of the lOth-
A bill to require all cities who shall impound water to have same approved b~, State Board of Health.

By Mr. Thomas-
A bill to repeal penal c'ode providing for criminal procedure in criminal cases.
By vValker and Johns-
A bill to amend code to make the mother the legal h>ir of deceased intestate.

FRIDAY, AuGUST 5, 1921.

721

By Mr. Johns-
A bill to amend code so as to provide for compensation of deputy clerks of county courts.

By Mr. Thomas-
A bill to correct mistakes relatiYe to creation of Brantley County.

By Mr. Vvomble, etc.-
A bill to amend constitution relatiYe to election and term of office of county officers.

By Mr. C_amp of CampbellA bill to amend code relatiYe to compensation of
JlUOrS.

By Fulton DelegationA bill to amend code relative to Yalidation of
bonds.
By Mr. Perkins of MuscogeeA bill to provide time for presenting cross bills of
exception.

By Mr. Sumner of "'Vheeler-
A bill to regulate the calling of the docket of criminal cases in Superior and City Courts of Georgia.

By Messrs. Johnson and Tuppe of Bartow-
A bill to amend code so as to provide for the obtaining of eYidence in cases of injunction.

722

JOURNAL OF THE SENATE

By Mr. "\Voodward of Cook-
A bill to amend Constitution changing the boundary line of Cook County.
Mr. Clay asked unanimous consent that the session of the Senate be extended 30 minutes today and the consent was granted.
Mr. Clay asked unanimous consent that when the Senate adjourn today it reconYene at 8 o'clock tonight and the consent was granted.

The following bills were rea<l the third time and put upon their passage:

By Mr. Jackson-
A bill to amend Act creating City Court of Gray.
The report of the Committee, which was fa,orahlc to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Fulton County Delegation-
A bill to empower planning commission to supervise subdivisions in counties of more than 200,000 population.
The report of the Committee, which was favorable to the passage of the bill, was agTeed to.
On the passage of the bill the Ayes were 40, Nays 0.

FRIDAY, AUGUST 5, 1921.

723

The bill having received the requisite constitu~ tional majority was passed.

By Mr. Boykin-
A bill to put in force the constitutional amendment relative to drawing of pensions by ex-confederate veterans.
The report of the Committee, which was favorable to the passage of ~he bill, was agreed to.
On the passage of the bill the Ayes were 32, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Wall of Putman-
A resolution to authorize State Board of Entomology to purchase calcium arsenate for use of farmers.
The report of the Connuittee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the Ayes were 36, Nays 0.
The 1;esolution having received the requisite constitutional majority was passed.
By Mr. Womble-
A bill to construe Section 3630 of Code of 1910.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

724

JouRXAL oF THE SExATE

On the passage of the bill the Ayes were 28, Nays 1.
The bill having received the requisite constibtional majority was passed.

By Mr. Fleming of the lOth-
A bill to prohibit erection of an imitation railway crossing sign board along public roads of Georgia.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Aye:; were -tO, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Fulton County DelPgation-
A bill to amend charter of Atlanta b~ extenlling city limits.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constibtional majority was passed.

By Fulton County Delegation-
A bill to amend city charter of Atlanta by annexing certain property.

FRIDAY, AuGDST 5, 1921.

725

The report of the Committee, which "\vas favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Chatham Delegation-
A bill to amend code relative to appointing secretaries by certain Judges of Superior Court.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Whitworth of Madison-
A bill to amend Act provi(ling for holding four terms of the Superior Court of Madison County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Smiley of Long-
A bill to create a Board of Commissioners of Roads and Revenues for the County of Long.

726

JouRKAL OF THE SEKATE

The report of the Committee, which was favorabh' to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sumner of \Vheeler-
A bill to provide for holding three terms a year of Superior Court of \Vheeler County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill was read the third time and taken up for consideration:

By Mr. Kittrell of Laurens-
A bill relating to sums paid by manufacturers of fertilizers, etc.
Mr. weaver called for the previous question and the call was sustained.
Mr. Snow moved that the Senate reconsider its action in the calling of the previous question and the motion was lost.
The main question was ordered.

FRIDAY, AuGusT 5, 1921.

727

On the passage of the bill the Ayes were 35, the Nays 5.
The bill having received the requisite constitutional majority was passed.

The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blalock:

JJ11. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites your attention in executive session.

The following message was received from the House, through Mr. Moore, the Clerk thereof:

},ft. President:
The House has passed by the requisite constitutional majority the following bills, to wit:
A bill to repeal an Act ameiHling an Act incorporating the Town of Temple.
A bill authorizing county commissioners to collect taxes in certain counties quarterly or semi-annually.
A bill to repeal an Act relating to Board of Commissioners of Charlton County.
.A bill relatiYe to the creation of Brantley County. A bill to repeal an Act establishing a public school system in the City of Ocilla.

728

JouRNAL 01<' THE SEKATE

A bill to amend an Act establishing Cit~ Court of Eastman.

Mr. Ptesident:
The House has passetl by the requisite constitutional majority the following bills, to wit:
A bill to repeal an Act incorporating the Town of Robertstown.
A bill to amend an Act proYiding for election of county commissioners by the people of Baldwin County.
A bill to repeal an Act creating a count~' depository for Coffee County.
A bill to abolish the Board of Supervisors of Murray County.
A bill to repeal an Act amending an Act creating a Board of Commissioners of Putnam County.
A bill to create a.new charter for the City of Macon.
A bill creating a county depository for Coffee County.

The following message was receiYe<l from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the> requisite constitutional majority the following bills of the Senate, to wit:

FRIDAY, AuGusT 5, 1921.

729

A bill to amend an )~~ct to consolidate and amend an Act to regulate public instruction in Glynn.
A bill to amend an Act to abolish the Board of Roads and Revenues for the County of \Valker.

The following message was receiYed from the House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has concurred m the Senate amendment to House Bill No. 456.

The following bills were read the first time and ref<'rred to Committees:

By Mr. Fowler of BibbA bill to amend charter of City of Macon. Referred to Committee on Special Judiciary.

B~ }fr. \Yall of Putnam-
A bill to repeal an Act creating a Board of Commissioners of Roads aml Revenues for Putuam County.
Referred to Committee on Counties and County Matters.

By Mr. Huffstetter of Murray-
.A bill to abolish the Board of Supervisors of Murray County.
Refet:re<l to Committee on Counties and County Matters.

730

JOUR~AL OF THE SENATE

By Chatham Delegation-
A bill to authorize count~, commissioners m certain counties to collect taxes either quarterl~r or semi-annually.
Referred to Committee on Counties mHl County Matters.

B~' Mr. Pickren of Charlton-
A bill to repeal Act requiring and authorizing Board of Commissioners of Charlton Count~, to pa~ Mayor and Council of Folkston the ad valorem tax.
Referred to Committee on Counties and County Matters.

By Mr. Ennis of Baldwin-
A bill to amend an Act providing for the election of Board of County Commissioners b~ people of Baldwin County.
Referred to Committee on Counties. all<l County Matters.

By Mr. Quincey of CoffeeA bill to create a depository in Coffee County. Referred to Committee on Banks and Banking.

By Mr. Quincey of Coffee-

A bill to repeal an Act creating a county deposi-

tory in Coffee County.



Referred to Committee on Banks and Banking.

FRIDAY, AUG"LST 5, 1921.

731

By Mr. Henderson of .White-
A bill to repeal Act incorporating the Town of Robertstown.
Referred to Committee on Corporations.

By Messrs. Beck an(l Smith of Carroll-
A 'bill to repeal Act amending an Act incorporating the Town of Temple.
Referred fo Committee on Corporations.

By Mr. Horne of Dodge-
A bill to amend Act establishing City Court of Eastman.
Ref..erred to Committee on Special Judiciary.

By ::\Ir. Strickland of Brantley-
A bill to correct certain mistakes relative to creation of Brantley County.
Referred to Committee on Constitutional Amendments.

By ::\Ir. Fletcher of Irwin-
A bill to repeal Act establishing a public school system in City of Ocilla.
Referred to Committee on Education.

The following bill was read the third time and taken up for consideration:

.JorRXAL OF THE SEXATE
By Mr. DaYis of Oglethorpe, et al-
A bill to amend Act known as Georgia Motor Ye-
hicle Law relatiYe to sale of tags.
The Committee offPre<l the following substitute:
By Thr- Committee-A Substitute For llouse Bill No. 24. A BILL.
To amen<l an Act Pntitl('<l ".An "\ct to r0-organize and re-constitute the State Highway D~partment of Georgia and to prescribe th0 duties a!Hl powers thereof; to create a system of State Ai<l Roads awl proYi<le for the destination, maint<>mmc<', improYement and construction of the same; to create an<l pnwi<le for a State "\id Road Fund, an<l for the control and management thereof; to proYide for the paYing of said State ..:\i<l Roads by the Stat0, or in co-operation with the counties, or with the tTnite<l States Goyernment; to proYi<le for assistance to counties upon the public roa<h; therpof, and in retiring co'unty roa<l bonds; to assent to tlw proYisions of tlw ~\ct of Congress approYed July 11, 1916, known as the ''Act to proYide that the United States shall aid the State in the construction of rural post roads, and for other purposes,'' to provide tlw right to condemn property for State Aid Roa<ls in certnin cases, an<l for other purposes.
PARAGRAPH I.
Provision 3. To anwnd Provision 3 of Section 2 of Article 5 on Page 24:9 of the Georgia Laws of 1919, as follows:

FRIDAY, A"LGU"ST 5, 1921.

733

By striking the figures and words in the last line of Provision 3 to wit:
'' 4,800 miles '' and inserting in lieu thereof the figures and words, ''That said roads shall not exceed 7% of the total road mileage of said State."
And by 'adding the following provision, to 'vit:
ProYi(le(l that the said State Highway Department shall take owr the State Aid Roads as aforementioned on or before January 1, 1922, and provided further that when the various counties haYe complied with the law with reference to rights of way, and provided further that the said Highway Department in taking over said road is not b<mnd to the right of way of the roa<l b<>ds as located on January 1, 1922, but shall have the rigf1t to resurve~~ and relocate said road bNl and right of way and it shall be the duty of the count~r or counties in which said resuryeys and relocation is made to furnish the right of way on the r<>location and resmTey free of charge to the said Highway Departnwnt.

P .AR1\GRAPH II.
"Section 7. By repealing Section 7, Article 5, foun<l on Page 251 of the Georgia Laws of 1919 known as an Act to create the Highway D<>partment and insert in liNl tlwreof the following:
''That until the construction of the said designated system of State Ai<l Road is completed all available funds from what0ver source composing the State Ai(l Fun<l shall be used for the construction of and maintenance of said State Aid Roads and to be apportio~:H'<l to the several counties on the basis

734

.JoeRKAL o:F THE SEXATE

of the road mileage as show11 b~ the State System and under the directions alHl supervision of the State Highway Department, and for the support of said State Highway Department, or in lieu thereof, to refund to, or to reimburst> counties which have actually constructed a similar road undt>r the specifications and supervision of tlw State Highway Department, as a part of said (lt'signated Htate .Ai<l Road S~st<m. Provi<led further that :->aid sum shall not (lXCef'(l six per CPnt. of tlw gross <>xpenditures of all funds handl<>d h~ alHl expendPd by and under the direction of said Htate Higlnnt)' Department from all sources.
Provided that nothing herein shall prevent the State Highway Departmf:'nt from using any of its funds to meet the necessary requirements of the Federal laws appropriating money for tlw purpose of constructing highways in Georgia.
That. nothing in this 1novisions or in any other provision of this law shall lw construed to mean that the county cannot appropriate and spend any funds they desire on building and maintaining an~ of the State Aid Roads.

PARAGRAPH III.
That before the amounts to lw distribute<l are apportioned as provi<led in paragraph two of this amendment, the State> Highway Board is authorize<l to set aside and use necessary and sufficient funds to comply with Section 5a of the Acts of 1919 on pages 250 and 251, and a fund sufficient to meet

735
emergencies in maintaining the System of State Roads and Bridges, said en'1ergency fund not to exceed ten per cent. of the a}lto license fund.
PARAGRAPH IY.
Be it further enacted, that the counties and State Highway Board shall haYe the right to enter into agreements for the purpose of using said county or counties funds to construct some portion of the State Highway where the funds for the one county are not sufficient, provided however that it must be a mutual agreement between the county o. counties awl the State Highway Board entered in writing mHl spread upon the minutes of the proper authorities of the county or counties an<l upon the minutes of the State Highway Board.
PARAGRAPH V.
Be it further enacted, That this .Act is not to become a law until January 1, 192:2.
PARAGRAPH \T
Be it further enactf'<l b~ tlw authority aforesaid, That all laws and parts of laws in conflict with this .Act be, and the same are, hereby repealed.
Messrs. Manson, Campbell and Clay offered the following amendments:
Amend committee substitutP.
.r\men<l caption by adding at the encl of the word ''cases'' in the last line the wonls ''and to proYidn

7i3G

JouRXAL OJ<' THE SJ<~XATE

for a change in the selection of a chairman mulmembers of the board.''
Anw1Hl further by ~Hlding after the wonls "Governor of the State" in Section :2 the words "and confirmc<l by the Senate.''
..-\nwnd further by striking- Parag-raph :1 of R<ction 2 awl inserting in lieu thert>of the following:
''That the Governor of tlw State shall <lesignatc the munb<'r of said boanl who shall act as chairman thereof an<l said appointment shall be confirme<l b~ the S<nate all<l proYi<lP<l furthrr that the term of office of all initial appointePs shall inclu<le in addition that fractional part of the year internning bPtwetn the date of appointnwnt an<l .January first of the next succtetling calPlH1ar year from which latt<r dat<> the two, four a111l six year ttrm of office shall be reckoned.''
Amend Parag-raph 5 of Section 2 by striking- same and insPrting in lieu thereof the following:
'' 'l'hat whPn the chairmanship is ma<h nte~mt hy death, resignation or other pcrmmwnt causP, the successor to that office shall be <lesignatetl b~- tlw Govprnor an<1 confirmed by the Senate m11l shall hol<l office for a term consistent with the other proYision of this Act.''
On the adoption of the amendment the Ayes and Nays were called.

The Ayes and Nays were ordered an<l the vote was as follows:

FRIDAY, A"L"GUt-;T 5, 19:21.

737

Those voting in the affirmative were Messrs.:

Akin, L. R. Bond, Chas. N; Boykin, James Jr. Campbell, R. W. Childs, E. W. Collum, J. 1\:I. Cone, Howell David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Hunt, T. M. Johns, G. A. Jones, 0. K. Manson, Frank C. Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will

Ridley, Dr. C. L. Rountree, J. L. Stovall, E. B. T3!rpley, R. 0. T3.'ylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wohlwender, Ed Womble, M. D.

Those voting in the negatiw were Messrs.:

Bellah, J. M. Fleming, W. 0. Foy, John E. Holmes, R. H.

Hutchins, H. C. Jones, John H. Sheffield, R. H. Snow, Russell E.

Wall, Dan Weaver, J. D. Williams, Wiley

Those not voting were Messrs. :

Brown, L. C. Colson, D. C.

Jackson, J. B. Kimzey, Sam

Lassiter, W. H. Mr. President

Ayes 34, Nays 11.

The amendment 'vas adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Ayes were 30, the Nays were 0.
The bill having received the requisite constitutional majority was passed.

The following resolution was read the third time and put upon its passage.

73H

JouRNAL o.F THE SENATE

By l\fr. DavidA resolution to relieve J. J. Price as surety on a
bond.
The report of the Committee, which was favorable to the passage of the resolution, was agTeed to.
On the passage of tlw resolution the Ayes were :~1, Nays 0.
The resolution having receive1l the requisite constitutional majority was passed.
The Senate went into <>xc>cutive session at 1 :30 o'clock.
l!Jxecutive session was 1lissolnd at 1 :4-5 o'clock.

The President announced tlw Senate adjourned until 8 o'clock tonight.

8 o'clock P. M.
The Senate met again at this hour and was called to order by the President.
By unanimous cons<>nt tlw call of the roll was dispensed with.
Mr. Thomas, Vice-Chairman of thP Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules submit the following as
the order of business for this night session of th<' Senate:

FRIDAY, AUGUST 5, 1921.

739

1. House Bill No. 386. Fertilizer Tax.

') "-

House Bill No. 394.

Gasoline Tax.

3. House Bill No. 104. Codifying School Law.

4. House Bill No. 388. Amend Penal Code.

5. Senate Bill No. 79. Kindergarten Bill.

6. Senate Bill No. 84. Non Par Stock.

7. St>nate Bill Ko. 1:!0. Drainage Act..

Mr. B. F. \Valhr, of the 18th, Chairman of the Committee on Appropriations and Finance, submitted the following rPport:

Mr. President:
Your Committee on Appropriations and Finane<' has had under consi<leration the following bills of the House and instructe<l me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 394-l:ly DuBose, of Clarke, and Culpepper, of Fayette, providing for occupation tax upon gasoline.
House Bill No. 363. General Tax Act.
Respectfully submitted,
B. F. \VALKER, Chairman.

Mr. Nix, Chairman of the Committee on General Judiciary No.2, submitted the following report:

740

JorRXAL oP THE SENATE

Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that .the same do pass by substitute, to wit:
House Bill No. 189-By Mr. Culpepper, of Fayette, to be entitled an Act to amend Section 4213, 4214, and 4215 of the Code.
Respectfully submitted,
Nrx, Chairman.

L"nder the order of business set by the Rules Committee the following House bill was tak<'n up for consideration:

By Mr. Kittrell of Laurf'ns:
A bill to amend No. 1793 of Code r('lating to sums paid by manufacturers of fertilizer.
Mr. Mills moved that the Senate reconsider its action in passing House Bi'Il No. 386 an<l the motion prevailed.

The following House bill was read the third time and placed upon its passage:

By Mr. DuBose of Clarke-
A bill to provide for an occupation tax upon gasoline.
The bill was read the third time.

FRIDAY, AUG"CST 5, 1921.

741

The previous question was m-illed and the main question ordered.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill Mr. Thorpe calle<l for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were :Messrs.:

Bellah, J. M. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0.

Foy, John E. Golucke, Alvin G. Hollingsworth, J. C. Hutchins, H. C. Johns, G. A. Jones, 0. K. )fills, J. H. Nix, 0. A. Palmour, J. E. Pope, David F.

Richards, Will Sheffield, R. H. Snow, Russell E. Twrpley, R. 0. Ta;ylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wohlwender, Ed

Those voting in the negative were Messrs.:

Akin, L. R. Collum, J. M. Jones, John H.

Ridley, Dr. C. L. Rountree, J. L. Wall, Dan

\Vomble, :M. D.

Those not voting were Messrs. :

Bond, Chas. N. Colson, D. C. David, A. B. Haralson, Pat Holmes, R. H.

Hunt, T. M. Jackson, J. B. Kimzey, Sam Lassiter, W. H. ~fanson, Frank C.

Peacock, C. H. Stovall, E. B. Weaver, J. D. Williams, Wiley Mr. President

Ayes 29, Nays 7.

By unanimous consent the verification of the roll call was dispensed with.

742

JouRXAL OJ<' THE SENATE

On the passage of the bills the Ayes were :29, Nays 7.
The bill having receive<l the requisit< constitutional majority was passed.

The following bill, favorably reported, was rea<l the second time :

By Mr. Culpepper of Fayette-
A bill to amend code relative to recording bonds for title.
Mr. Snow moved that the Senate do no\\ adjourn until tomorrow morning at 9 :30 o'clock awl the motion prevailed.

The President announced the Senate adjourned until tomorrow morning at 9 :30 o'clock.

SATl'RDAY, A t:Gl'ST 6, 1921.

743

SE~ATE CHAMBER, ATLANTA, GA. August 6th, 1921.
The Senate met pursuant to adjournment at 9 :30 o'clock A. M., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
1fr. F'oy, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found to be correct.
Mr. "\Vall gave notice that at the proper time he would move that the Senate reconsider its action on yestenlay in passing House Bill No. 394.
By unanimous consent the reading of the Journal of yesterday's proceedings \\as dispensed with.
Mr. \Vall moved that the Senate reconsider its action on yesterday in passing House Bill No. 394.
Mr. Thomas called the previous question and the call was sustained.
The main question was ordered.
Mr. Jones, of the 37th, called for the Ayes and Nays and the call was sustained.
The roll call was or<lt>red a11<l the vote was as follows:

74-4

JouR:XAL oF THE SE:xATE

Those voting in the affirmative were Messrs.:

Akin, L. R. Collum, J. M. Jones, John H.

Peacock, C. H. Ridley, Dr. C. L. Wall, Dan

Womble, M. D.

Those voting in the negative were Messrs.:

Bellah, J. M. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Haralson, Pat

Hollingsworth, J. C. Hunt, T. M. Hutchins, H. C. Johns, G. A. Jones, 0. K. Mills, J. H. Nix, 0. A. Palmour, J. E. Pope, David F. Richards, Will

Sheffield, R. H. Snow, Russell E. Tawpley, R. 0. Tl!lylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Williams, Wiley Wohlwender, Ed

Those not voting 'vere Messrs. :

Bond, Chas. N. Boykin, James H. Colson, D. C. David, A. B. Davison, J. E.

Golucke, Alvin G. Holmes, R. H. Jackson, J. B. Kimzey, Sam Lassiter, W. H.

:\Ianson, Frank C. Rountree, J. L. Stovall, E. B. Weaver, J. D. :'\1r. President

Ayes 7, Nays 29.

The motion to reconsi(ler was lost.

By unanimous consent House Bill No. 208 was withdrawn from the Committee on General Judiciary Nq,. 1, and read the second time and recommitted to the Committee on General Judiciary No. 1.

Mr. Thomas, Vice-Chairman of the Committee on Rules, submitted the following report:

S.HL'RDAY, A rGrsT G, 1021.

7-1-;)

ilir. President:
Your Committee on Rules submit the following as the order of business for the day:

Order No. 1. Local bills and general bills with local application.
Order No. 2. Motor Vc>hicle Law. Senate House No. 127.
Or<ler No. :1. SenatP Bill No. 120 an<l No. 155.
Order No. 4. Ge1wral Tax "\ct, priority ov0r all pending measures.
Order No. 5. Individual speeclws on each question limit0rl to five minutes.
Order No. G. House bills with Senate am0n<lments and Senate bills with House amendments in onler at discretion of secrdary wlwn Scnate is not actually engage<l in other business.
Rc>spectfully submitte<l,
THmTAs, Vice-Chairman.

Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submittPrl thf' following report:

Mr. PrPsident:
Your Committee on PriYileges of the Floor has had under consideration the following resolution of the Senate and instructed me, as their Chairman, to report the same back to the Senate with the recomnwn<lation that the same do pass, to wit:

746

.JorRXAL OF THE SExATE

By Mr. Palmour, Chairman.

A RESOL"LTION.
Resolved, That the privileges of the floor of this Senate be, and the same are, hereby extended to Judge Horace M. Holden, a former Justice of the Supreme Court of this State, for the period of three days.
The report of the committee was adopte<l.

Mr. Haralson, of the 40th, Chairman of tlw Committee on Public Property, suhmitte<l the following report:

Mr. President:
Your Committee on Public Property has had under consi1leration the following resolution of tlw House an<l instructed me, as their Chairman, to report the same back to the ~(nate with the recom-
mendation that the same do pass, to wit:
House Resolution Ko. 62.
HARALsox, Chairman.

Mr. Snow, Chairman of the Committee on Railroads, submitted the following report:

111t. President:
Your Committee on Railroads has had un<ler consideration the following bills of the Senate mHl instructed me, as their Chairman, to report tlw same

747

back to the Senate with the recommendation that the same do not pass, to "it:
Senate Bills Nos. 64, 73, 1:n.
s.~ww, Chairman.

Mr. Bellah, Vice-Chairman of the Committee on General .Judiciary No. 1, submittPcl the following report:

Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the Senate antl instructed me, as their Vice-Chairman,
to report the same back to the Senate ''ith the rec-
ommelHlation that the same do pass as amended, to wit:
House Bill No. 208.
Respectfull~ submitted,
BELLAH, Vice-Chairman.

Mr. Golucke, Chairman of the Committee on Special .Judiciary, submittetl the following report:

Jfr. President:

Your Committee on Special .Juuiciary has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:

House Bill No. 319.

GoLuCKE, Chairman.

74-S

,JOUHXAL OF THE ~EXATE

Mr. David, Chairman of the Committee on \\". & A. R. R., submitted the following report:

Mr. President:
Your Committee on \V. & ~\:R. R. has had under consideration the following bill and instructed me, as their Chairman, to report the same back to the Senate with the recommemlation that the same do pass, to wit:
House Bill No. 382.
Respectfully submitted,
DAviD, Chairman.

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted tlw following report:

Mr. President:
Your Committee on Counties and Count~ Matters has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bill No. 536.
Respectfull~ submitted,
RicHARDs, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

SATURDAy' ...\ UGUST 6, 1921.

749

Mr. President:
Your Committee on Special Judiciary has had under consideration the following resolution of the House a11<l instructed me, as their Chairman, to report the same "Qack to the Senate with the recommendation that the same do pass, to wit:
House Resolution No. 77.
GoLUCKE, Chairman.

Mr. \Vall, Chairman of the Committee on Banks awl Banking, submittt>d the following report:

Jlr. President:
Your Committee on Banks aiHl Banking has hatl under consideration the follo\ving bills of the House and instructed nw, as their Chairman, to report the same back to the Senate with the recommendation that the same do pass, to wit:
House Bills Nos. 53~ alHl 533.
\VALL, Chairman.

Mr. Richards,. Chairman of the Committee on Counties an<l County Matters, submitted the following report:

ll1r. President:
Your Committee on Counties and County Matters has had under consideration the following bill and resolution of the House and instructed me, as their Chairman, to report the same back to the Senate

750

JouRxAL oF THE SENATE

with the recommendation that the same Llo pass, to wit:
House Bill No. 538. House Resolution No. 84.
RICHARDS, Chairman.
Mr. Jones, of the :-nth, Chairman of tlw Committee on Corporations, submitted the following report:

lJ1 r. President:

Your Committee on Corporations has haLl under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recommemlation that the same do pass, to wit:

House Bill No. 534.

House Bill No. 523.

JoKE~ (37th), Chairman.

The following messagL~ was received from His Ex-
cellenc.v' the Governor' throuo"'h his Secretarv. ' Mr.
Blalock:

Mr. President:
I am directed by His Excellency, the Go\ernor, to deliver to the Senate a sealed communication, to which he respectfull~- invites ~-our attention in executive session.

Mr. President:
The House has passeLl by tlw requisite constitutional majority, the follO\ving bills, to wit:

SATL"RDAY, ArGesT 6, 1921.

751

A bill to fix the compensation of members of Board of Commissioners of Jefferson County.
A bill to amend an Act fixing rate of taxation for public school purposes.
A bill to amen<l an Act to establish the City Court of Sylvania.
A bill to abolish an .Act to amend an Act entitlecl ''Banks County Commutation Road Tax.''
A bill to require all officers of the State in seizing intoxicating liquors to make an inYentory of the same.
A bill to amend Section 720 of the Penal Code of 1910 relatiYe sale of mortgaged property.
A bill to change th<> t('rms of the City Court of Swainsboro.
A bill to make an appropriation for the state departments and public institutions.

Jfr. President:
The House has agreed to the following Senate amendment to House Bill No. 389.

Mr. President:
The House has read and a<lopt<>d tlw following resolutions, to wit:
A resolution requiring the committee on Academ~ of the Blind to visit the institution during vacation.
A resolution to authorize the Board of Roads and Revenues of the County of Can<llPr to contract for the completion of a court house.

752

JouRXAL OF THE SE:~ATE

A resolution to memorialize Congress to amend the Transportation Act of 1920.

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill to proYide for the holding of two aclclitional terms of the Superior Court of Clayton County.

The following message was receiYe<l from tlw House, through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisit0 constitu-
tional majority the following bills, to wit:
A bill to authorize the Gonrnor to issue bontls of
the State to the amount of $207,000 for purpose of
retiring that portion of public debt.
A bill to create the Georgia Children's Co<le Commission.
A bill to provide for holding four terms a year of the Superior Court of Rockdale County.
A bill to amend an Act creating the Board of Commissioners of Roads and ReYenues.
A bill to amend an Act to provide for the working of the public roads in Toombs County.
A bill to amend an Act to incorporate the Town of
Logan'ville.

SATURDAY, A"L""G"C"ST 6, 1921.

753

The following bill was read the third time and put upon its passage.

By Mr. Blalock of \Vare-
A bill to amend Act creating a public school system for City of Vvaycross.
Mr. wall moves to amen<l by striking all of Section 2 and numbering the remaining sections accordingly.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having receiw<l the requisite constitutional majority was passed.

The following bill was read the third time and put upon its passage:

By Mr. Gunnells of Franklin-
A bill to create a Board of Commissioners of Roads and Revenues for Franklin County.
The Committee offered the following amendment:
Committee adds new section known as 14-A:
Section 14-A. Be it further enacted, That the provisions of this Act shall not become effective until submitted to a vote of the qualified voters of Franklin County, as herein provided. An election is hereby called for Friday, Setember 23, 1921, to be

754

.JouRXAL OF THE SEXATE

held in said county in the same manner and at the same place as general elections for said State and county officers are now held, on which date those favoring the election of county commissioners under the provisions of this Act shall cast their ballots and have printed, or written thereon, the words: ''For the election of commissioners," and those opposed thereto, the words ''Against the election of commissioners.'' Should a majority of qualified voters, voting at said election cast their ballots ''For the election of commissioners,'' then and in that event, this Act shall become of full force and effect. The vote in said election shall be consoli<lated in the same manner as the vote in the general elections aud the returns thereof made to thf ordinary of said county, and said ordinary shall declare the result thereof.
Mr. Gunnells of :B.,ranklin further amends House Bill No. 482, by striking the whole of Section 2 of said bill, ancl substituting in lieu thereof a new section, to be known as Section 2 :
Section 2. Be it enacted by the authority aforesaid, that for the purpose of this Act, The said County of Franklin shall be divided into three Commissione-r's Districts, to be construed as follows, to wit:
The first Commissioner's District shall be of Carnesville (264th), Canon (1363rd), Stranges (812th) Militia Districts. The second Commissioner's District shall b<> composeii. of Bryants (206th), Gumlog (21~th), Re<l Hill (212th), \Velborn (1377th), ]'lintsville (211th) Militia Districts-; and the third Commissioner's Distti~t shall be com-

SATURDAY, AuGl.ToT 6, 1921.

755

posed of Manleys (370th), Middle River (1420th), Gunnells (210th), Dooleys (263n1), .Ashland (1686th) Militia Districts.
The Commissioners aforesaid shall have authority by a majority vote of said boarrl to attach any new militia district that may be created to any one of the three Commissioners Districts.
The amendment was arlopted.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the Ayes were 40, the Nays were 0.
The bill having receiverl the requisite constitutional majority was passed.

The following bills, favorably reported, were read the second time :

By Mr. Blalock of ware-
A bill to amend code relative to submerged lands.

By Mr. Home of Dodge-
A bill to amend .Act establishing City Court of Eastman.

By Mr. Henderson of White-
A bill to repeal Act incorporating Town of Robertstown.

756

JouRxAL OF THE SEXATE

By Mr. Quincey of Coffee-
A bill creating a county depository in Coffee County.

By Mr. Quincey of Coffee-
A bill to repeal Act creating county depository for Coffee County.

By Messrs. Beck and Smith of Carroll-
A bill to repeal Act amending Act incorporating Town of Temple.

By Mr. Hufstetter of MurrayA bill to abolish Board of SuperYisors of Murray.

By Mr. wan of Putman- -
A bill to repeal Act amending Act creating a Board of Commissioners of Roads and ReYenues.

By Mr. McDonald of Richmond-
A resolution to reconvey to Tuttle-Morton Home a certain tract of land.
The following bills were read the third time and put upon their passage:

By Mr. Lewis of Colquitt-

A bill to create a Board of Commissioners of Col-

quitt County.

...

The report of the Committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, AuGusT 6, 1921.

757

On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majorit)' was passeJ.

By Mr. Lewis of Colquitt-
A bill to repeal Act creating BoarJ of Commissioners of Colq~itt County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By .Mr. Turner of Brooks-
A bill to amend charter of Quitman.
The report of the Committee, which was favorable to the passage of the bill, -..vas agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having receive<l the r<:>quisite constitutional majority was passed.

By Mr. Gunnells of Franklin-
A bill to repeal Act creating Board of Commissioners for Franklin County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

758

.JorRXAL OF THE SENATE

By Mr. Byrd of Crisp-
On the passage of the bill the Ayt>s were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.
A bill to create a Board of Commissionrrs for the County of Crisp.
The report of the CommitteP, which was favorable to the passage of the hill, was agn'<><l to.
On the passage of the hill the .Ayc>s were 40, Nays 0.
The bill having receive<l the requisite constitutional majority was passed.

By Mr. Baldwin of Morgan-
A bill to amend Act providing a new charter for Madison.
The report. of the Committee, which 'vas fmorable to the passage of the bill, was agree<l to.
On the passage of the bill the .Ayes were 40, Nays 0.
The bill having receive<l the requisite constitutional majority was passed.

By Bibb Delegation-
A bill to amend the charter of City of Macon.
The report of the Committee, which was favorable to the passage of the bill, was agrc>e<l to.

SATURDAY, AUGl:ST 6, 1921.

759

On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requi:site constitutional majority was passed.

By Mr. Pickren of Charlton-
A bill to requirP county officers of Charlton County to give surE>ty bond.
The report of the Committee, which was fa-vorable to the passage of the bill, was agreed to.
On the passage of the bill the r\ yes were 40, Nays 0.
The bill having received the rPquisite constitutional majority was passed.

By Mr. Pickren of Charlton-
A bill to create a Board of Commissioners for Charlton County.
The report of t]w CommittE><', which was favorable to the passage of the hill, "as agreed to.
On thE> passagE> of the bill the .Ayes were 40, Nays 0.
The bill having received thP requisite constitntional majority was passed.

By Mr. Hunt of the 20th-
A bill to amend Act establishing public school systt>m for Sparta, Ga.

760

JouRXAL OJ!' THE SEXATE

The report of the Committe(', which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ap'S were 40, Kays 0.
The bill having received the requisite constih'.tional majority was passed.

B~r Mr. weaver-
A bill relative to increase of capital stock b~r issuance of non par stock.
Th(' report of the Committee, which was favor able to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Johns-
A bill to amend drainage laws.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 36, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. \V'oodard of Cook-
A bill to amend Constitution changing the boundary line of Cook County.

SATL"RDAY, ..:\ l:GU~T 6, 1921.

761

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having receiv('<l the requisite constitutional majority was passed.

By Mr. Johnson and Mr. Trippe of Bartow-
A bill to amend code relative to obtaining of evidence in cases of injunctions, etc.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ..Ayes were 26, Nays 0.
The bill haYing receive<l the requisite constitutional majority was passed.

By Mr. Dobbs of Cobb-
..:\ bill to empower the Secretary of State of Georgia in regard to fire insurance companies.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 34, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Fowler of Bibb-
A bill to amend Act creating department of msurance, and for other purposes.

76:2

JouRXAL OF THE SEXATE

The report of the Committee, which "as faYorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes wen' :10, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Fulton Delegation-
~\ bill to amend code r<>latiYe to Yalidation of bonds.
The report of the Committe<>, which was fcnorable to the passage of the bill, was agrec>(l to.
On the passage of the bill the A~ps "ere -l-0, Nays 0.
The bill having receive1l the requisite constitutional majority was passed.
By Mr. Phillips of Telfair-
A bill to repeal Act creating office of County Commissioner of Roads and ReYenuc>s for Telfair.
The report of the Committ<><>, which was fayorable to the passage of the bill, was agree1l to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitntional majority was passed.
By Mr. Phillips of Telfair-
A bill to create office of Commissioner of Roads and ReYenues for Telfair County.

S.nrRDAY, AraesT 6, 1921.

763

The report of the Commiftee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes we1e 40, Nays 0.
The bill having receiw(l the requisite constitutional majo.rity was passed.

By Mr. Dixon of .Jenkins-
.A bill to amend Act incorporating- Town of Millen.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majorit~- was passed.

By Mr. Smith of Meriwether-
A bill to amend Act incorporating City of Manchester.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Tyson of Worth-
A bill to amend charter of vVarwick, Ga.

764

JoLTR~AL oF THE SE~ATE

The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayes were 40, Nays 0.
The bill haYing receiYe<l the requisite constitutional majority was passed.

By Mr. Monroe of \YilcoxA bill to proYi~le for the creating of a Bowl Com-
mission for \Vilcox.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill the Ayt>s wen 40, Nays 0.
The bill haYing received the rPquisite constitutional majority was passe<l.

By 1\fr. Thomas of the 3r<l-
A bill to correct certain mistakes and inaccuracies relative to creation of Brantley County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the hill tlw Ayes wt>re '27, Nays 0.
The bill having recein<l the requisite constitutional majority was passed.

The follo\ving bill was rend the third time an<l put upon its passage:

SAH'RDAY, _\rann 6, 1921.

765

By Mr. Manson-
A bill to amend .Act known as Georgia Motor
Vehicle Law.
Mr. Holling-s"orth offered the following amendment:
Amend b~ striking- the fig1H<' $:2.00 in line of Section 2 and inserting in lieu then tlw figure $1.00.
Tlw amendnwnt was adopted.
The report of the Committee, which was fayorab]e to the passagP of tlw bill, was agTPe(l to.
On the passage of the bill the _.Ayes were 26, the Nays were 0.
The bill luning receincl tlw requisite constitutional majorit~ was passed.

The following bill was rea<l the third time an<l put upon its passage:

B:v Mr. Johns-
A bill to anwnd code so as to provide for compensation of deput~ clerks of county courts, etc.
Mr. BPllah offere<l the following- amendment:
Anwn<l so that feps shall not apply to suits returnablP to monthly terms.
The anwn<lment was adopted.
The report of the Committee, which was favorable to tlw passage of tlw bill, was agreed to.

766

.JOL"RXAL OF THE REKATE

On the passage of the bill the Ayes were 27, Nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill was read the third time and put upon its passage:

By Mr. Johns-
_t'l bill to repeal Section 4776 of Parks Co<le designating compensation for county court bailiffs.
Mr. Bellah offered the following amendment:
Amend so that not appl~- to suit returnable to the monthly terms.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having receive<l the requisite constitutional majority was passed.
The following bills were na<l tlle third time and put upon their passage.

By Fulton DelegationA bill to amend charter of Atlanta so as to m-
clude the Town of Kirkwood.
Mr. Manson offrre(l the following amendment:

~hT"l'RDAY, A"l'GU~T 6, 1921.

767

Amend by substituting in Section 3 of said bill the word "majority" wherever in said the words ''three-fifths and two-fifths'' appear.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Guess and McClellaml of DeKalb-
A bill to repeal Act incorporating Town of Kirkwoocl
Mr. Manson offered the following amendment:
"By striking the words and figures 'two-fifths (2-5)' and the words and figures 'three-fifths (3-5)' wherrYer tl1ey occur in sai<l hill and suhsfitute therefor the word 'majority.' "
The amendment was adopted.
The report of the Committee, which was favorto the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constibtional majority was passed.

7Gtl

JorRXAL oF THE SEXATE

By Mr. Culpevper of J:<-,ayPtte-
A bill to amend co<le relatiYe to ncording of bonds.

The committe<' offered tlw following substitute:

A BILL.
To be <>ntitle<l an ~\ct to pnwide that l'Wr~ bond for titles, bon<l to recome~ realty, contract to sell or to comey realt~ or any interest therein, aml eYery transfer or assignment of an.v of such instrunwnts shall he <>xecut<><l "ith the sanw formalit~ as is now require<l b:r the laws of this State for tlw ext>cution of <lee<ls conn~ing realty; to nquire the filing awl reconling of all such instnmwnts in tlw office of tlw Clerk of the Supc>rior Court of the count~ where the land lies; al1<1 to fix the priorit~ of such instru.ments with reference to subsequently exPcute<l, but preYiousl) file<l instruments, taken without noticP to the former; and for other ptuc poses.
B<> it etwct<d b~ the G<neral Assembl~ of tlw Stat<> of Gt>orgia, awl it is lwreb~ Pnacte<l b~ tlw authorit~ of the same, as follows, to wit:
Section 1. That from mHl after the vassage of this .Act, enry bond for titles, bowl to n-come~ realt), contract to s<>ll or to come~ realty, or an~ itl tc>nst therc>in, awl e\'Pry transfer or assignmpnt of any of SUCh instruments shall, <'XCept as OebYePn tlw partiPs therPto, be PXecutP<l with the sanw formality as is now requirP<l b) tlw lmYs of this Stat<> for tlw execution of <leP<ls come~ing r<>alt~.

SATCRDAY, Au-GUST 6, 1921.

769

Section "> That from and after the passage of this Act, every bond for titles, bond to reconvey, contract to sell or convey realty, or any interest therein, and any transfer or assignment thereof; shall lose its priority over deeds, loan deeds, mortgages, bonds for titles, bonds to re-convey, contracts to sell or convey realty, or any interest therein, and any transfer or assignment thereof from the same vendor, obligor, transferror, or assignor, which may be executed subsequently, but previously filed for record, and taken without notice of the former instrument.
Section 3. That all laws and parts of laws in conflict with this ..Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A~ves were 27, Nays 1.
The bill having received the requisite constitutional majority was passed.
Mr. Thomas asked unanimous const>nt that tlw Senate ext(>ml its session till 1 :30 o'clock and on adjournment, reconvene at 3 o'clock, and the consent was granted.

The following bills were read the first time and referred to Committees:

By Mr. Beckham of DoughertyA bill to require all officers of this State seizing

770

JouRXAL OF THE SEXATE

intoxicating beYerages to make an inYentory of same.
Referred to Committee on Temperance.

By DuBose of Clarke and Culpepper of Fayette-
A bill to make appropriations for the expenses of the departments and public institutions of the State.
Referred to Committee on Appropriations and Finance.

By Mr. Boswell of Greene-
A bill to amend code relatiYe to the wrongful sale of mortgaged property.
Referred to Committee on General .Judiciary No.1.

By Mr. Brantley of Pierce-
A bill to create the Georgia Children's Code Commission.
Referre<l to Committ<e on Appropriations aiHl Finance.

By Mr. whitaker of Rockdale-
A bill to provide for holding four terms a year of Superior Court of Rockdale County.
Referred to Committee on Counties and County Matters.

SAT"CRDAY, AuausT 6, 1921.

771

By Mr. Parks of Terrell-
A bill to amend Act creating Board of Commissioners of Roads and Revenues for Terrell County.
Referred to Committee on Counties and County Matters.

By Messrs. Boatwright and Brown of Emanuel-
A bill to chang<' the terms of City Courts of Swainsboro.
Referred to Committee on Special .Judiciary.

By Mr. Culpepper of Fayette-
A bill to authorize the Governor to issue bonds for retiring public debt.
Referred. to Committee on Appropriations and Finance.

By Lankford of Toombs. A bill to amend act relative to public roads of Toombs County.
Referred to Committee on Corporations.

By Messrs. Beck and Smith of. Carroll-
A bill to amend Act fixing rate of taxation for public school purposes.
Referred to Committee on Education.

77'2

JouRXAL oF THE SEXATE

By Messrs. .Adams and \Villiams of \Valton-
A bill to amend Act incorporating Town of Logansville.
Referred to Committee on Corporations.

By Mr. Evan of Screven-
A bill to amend Act establishing City Court of Sylvania.
Referted to Committee on Special Judiciary.

By Mr. King of Jefferson-
A bill to fix the compensation for members of Board of Roads and Revenues of Jefferson.
Referred to Committee on Counties and County Matters .

.BY Mr. Logan of Banks-
A bill to abolish Act amending Act entitled Banks County Commutation Road Tax.
Referred to Committee on Counties and County Matters.

'fhe following resolutions were read and a<lopted:

By Mr. Brantley of Pierce-A resolution memorializing Congress to fix the
traffic of the States.
By Mr. Lankford of ToombsA resolution memorializing Congress to assist
eliminate the boll weevil.

SATURDAY, Al:Gl:ST 6, 1921.

77:3

By Mr. Stone of Jeff Davis-
A resolution authorizing Committee on Academ:of the Blind to visit institutions during vaction.

By Mr. vVilliams of \Valton-
~\. resolution requesting return of House Bill No. 386.
The following resolutions were read the first time and referred to Committees:

By Mr. David of the 43rd-
A resolution to direct lessees of "\V. & A. Railroad to erect new depots in certain cities.
Referred to Committee on "\V. & .:\. Railroad.

By Mr. Miles of Candler-
A resolution to authorize Board of Roads and Revenues of Candler County to contract for completion of court house.
Referred to Committee on CountiPs an(l County Matters.

The following resolution was read the third time and placed upon its passage:

By Mr. Monroe of "\Vilcox-
A resolution to relieve the bondsmen of M. K. Hutchinson.
The report of the Committee, which was favorable to the passage of the resolution, was agreed to.

774

JOURNAL 01!' THE SEN ATE

Upon the passage of the resolution the Ayes were 38, Nays 0.
The resolution having receiwd the requisite constitutional majority was passed.
Under the order of business set by the Rules Committee the following bill was taken up for consideration:

By Messrs. DuBose of Clarke and Culpepper of Meriwether-
A bill to levy and collect taxes on rPal and personal property in addition to ad valorem tax.
Mr. Walker, of the 18th, asked unanimous consent that the bill be taken up by considering each paragraph separately and the consent was granted.
The bill went over as unfinished business.
The hour of adjournment having arrived the President announced the Senate adjourned until this afternoon at 3 o'clock.

3:00 o'clock P. l\L
The Senate met again at this hour and was called to order by the President.
By unanimous consent the roll call was dispensed with.
Under the head of Unfinished Business the followmg bill was taken up for consideration:

SATURDAY, At:"G"l'ST 6, 1921.

7'75

By Messrs. DuBose of Clarke and Culpepper of Fayette-

A bill to levy and collect a tax on real and personal property.

Mr. Thomas moved that the Senate do now adopt all committee amendments and agree to the report of the committee which is favorable to the passage of the bill as amended.

Mr. Boykin called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Brown, L. C.

Sheffield, R. H.

Thomas, James R.

Those voting in the negative were Messrs.:

Akin, L. R. Bellah, J. M. Boykin, James H. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Ellis, R. C. Fleming, Denis Foy, John E.
Haralson, Pat

Hollingsworth, J. C. Hunt, T. M.
Johns, q. A.
Jones, John H. Jones, 0. K. Kimzey, Sam :\ianson, Frank C. Nix, 0. A. Palmour, J. E. .Peacock, C. H. Richards, Will

Ridley, Dr, C. L. Rountree, J. L. Snow, Russell E. Tarpley, R. 0. Ta:ylor, Geo. W. Thorpe, E. M. Walker, B. F. Wall, Dan Wohlwender, Ed Womble, M. D.

Those not voting were Messr~. :

Bond, Chas. N. Colson, D.. C. David, A. B. Davison, J. E. Fleming, W. 0. Golucke, Alvin G.

Holmes, R. H. Hutchins, H. C. Jackson, J. B. Lassiter, W. H. .Mills, J. H. Pope, David F.

Stovall, E. B. Weaver, J. D. Williams, Wiley Mr. President

Ayes 3, Nays 32.

776

JouRxAL oF THE SE~ATE

The motion to adopt the committee report as a whole was lost.
The caption of House Bill No. 363 was read.
To be entitled an Act to annually, in addition to tlie ad valorem tax on real and personal property as now required by law, levy and collect a tax for the support of the State GoYernment and public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law; to pay the public debt when due; to prescribe what persons, corporations, professions, business and property are liable to taxation; to prescribe the methods of collecting and of receiving certain of said taxes; to prescribe questions to be propoull(l'ed to taxpayers and to provide penalties for violations thereof; and to repeal conflicting laws.
The caption was adopted.

Mr. \Valker asked unanimous consent that the Senate take up the various sections and paragraphs separately and the consent was granted.
The following section was taken up for consideration:
Section 1. Be it enacted by the General Assembly of the State of Georgia, That the terms and provisions of this Act shall not take effect and be-

III
come operatin until .Januar~ 1st, 19:2~, and shall continue thereafter.
The section was adopted.
'l'he following paragraph to Sectioll t\yo was taken up:
Section ~. Be it furthn enacted b~- the authorit? aforesaid, That in addition to the ad ntlorem tax on nal estate and rwrsonal rnorwrt:, as required by the Constitution and now rnoyide<l for by law, th~ following specific and occupation taxes shall be levied and collccted t>ach yt>ar after the passage of this Act beginning in J ~):2:2. In all cases in this Act where population controls tlw amount of tax or license fee to be pai< l, the last Census RPport of the Pedcral GoYernment shall govPrn.
1st. lTpon each and ever:~ inhabitant of the StatE between the ages of twenty-five awl sixty ~-ears on the days fix<d for the rPtnrn of property for taxation, a poll tax of onP ($1.00) dollar which shall be for educational purposes, in instructing chil<lren in thc elementary branches of an English education only. Provide<l, this tax shall not be <lcm:mded of bliwl persons nor cripplc<l, mainH<l or disable<l Confe<lerate sol<liers nlicvP<l of such taxes under an<l b: authority of Section IGG, \' ol. 1 of "'the Code of 1895.
Tlw Committee oifcrPd the following amendment:
Amend Scction :2, Paragravh 1, l;y a<hling at the end of said Paragraph the following words
''Nor of any female person who docs not register or Yote, but Pach femnh who at any time registers

778

.Jol:RXAL OF THE SEXATE

or Yotes must han paid all poll taxes from the date of the approYal of this Act legally require(l of male Yoters. ''
The amendment was adopted.
The paragraph was adopted as ameiHled.

The following section was taken up:

2nd. That the Governor by and with the assis-

tance of the Comptroller General, is authorized and

empowere<l annually to levy and assess a tax on the

acl valorem Yalue of the taxable property of this

State such rate as may be sufficient to raise a net

amount of

as a sinking fund to pay

oif and retire the Yalid outstnnding bonds of the

State as they fall clue as required by Article 7, Sec-

tion 14, Paragraph 1, of the Constitution. The tax

abon authorized shall be specially levied and col-

lecte<l and separate accounts of the same shall be

kept by the Treasurer, and the money arising there-

from shall be applied to paying off the valid bonds

of the State as they mature. The said amount so

received each year shall be applied to paying off and

retiring the valid bonds of the State maturing in

their order continuously. )dl bonds retired under

the provisions of this Act shall be cancPlled and

stamped with the words "sinking funds" by the

Treasurer. and filed in his office.

In addition to the foregoing levy, the GoYernor, by and with the assistance of the Comptroller General, shall also levy and assess such a<lclitional rate of tax on the taxable property of this State as may
be necessary to meet the appropriations of the Gen-

SA'!-'l:RD.H", Al:GU::>T 6, 1921.

779

eral Assembly of Georgia for each successive year. The aggregate ad valort_>m tax levy in any one year not to exceed the tax rate limit fixed by the Constitution of this State.
The following amendment was offered:

AMENDMENT.
No. 1.A
Amend by inserting the figures $100,000 in blank in Paragraph 2 of Section 2.
The amendment was adopte<l.
The paragraph was adopted as amended.
The following was taken up:
3rd. Abstract Companies. rpon each person, firm or corporation engaged in the business of making Abstract of Titles to property in cities of 20,000 inhabitants or over, $100.00; in cities between 10,000 and :20,000 inhabitants, $50.00; in cities and towns of less than 10,000 inhabitants, $25.00. Provided, this tax shall not be required of attorneys-atlaw who have paid the professional tax required of them by Paragraph 88, Section 2, of this Act.
The paragraph was adopte<l.
The following paragraph \\as taken up:
4th. Advertising. rpon each person, firm or corporation conducting the business of an advertising agency, using other means than billboards, $50.00; upon each person, firm or corporation conducting the business of advertising by signs painted

780

,JOt:HXAL Ot' THE 8EXATE

or pasted, printed on billboards or otlwr places where space is lPased, rente<l or sold, in counties of mon than 50,000 inhabitants, $100.00; in counti<s of from 20,000 to 50,000 inhabitants, $75.00; in counties of less than 20,000 inhabitants, $:25.00.
The paragraph was adopted.
The following paragraph was taken up:
5th. Bill Distributors. Fpon all bill <liRtributon; and parti<'s engage<l in the business for profit m towns or cities, $25.00.
The paragraph was adopted.
The following paragraph was taken up:
6th. Agencies, Collecting, Commercial and Mercantile. epon each person, firm or corporation engaged in business as a coll<'cting, commercial, mercantile, or any other agency of Eke character in every county in the State where tlwy hav<' an office or branch office, $200.00.
The follo,.,ing amendment was offere<l:

AMENDMJ.i}NT. No.2 A.
~enate moves to amend b~ a<l<ling the following to Section 2, Paragraph 6:
''Provided that the provisions of this section shall not apply to an attorney-at-law or to any law firm who have paid the professional tax required by law.''
The amendment was adopted .
Thr paragraph was adoptt>d as amended.

781

The following paragraph \Yas taken up:
7th. ..Agencies, D., etectiYe. Upon each person,
firm or corporation operating a <letectiYe agency, or doing detectiYe work, for hirE' or compensation, for each office establishe<l in this Rtate, $100.00, $50:00, $25.00.
The Committee offered the following amendment:

AMENDME~T ~0. 2.

Amends Paragraph 7, Section 2, by striking the figures '' $100.00'' in the last linE' of sai<l paragraph aml adding the following: ''In cities oyer 25,000, $200.00; in cities from 10,000 to 25,000, $30.00; and in cities less than 10,000, $23.00.

The amendment was adopted.

The paragraph was adopte<l as amended.

The following paragraph was taken up:

8th. Agencies, Teachers. Ppon each person, firm or corporatim1 con(lucting Teachers' Agencies or Bureaus in each count~ where it has an office, $25.00.

The paragraph was adopted.

The following paragraph was taken up:

9th. Upon each person, finn or corporation run-

ning, leasing or operating an amusenwnt park, other

than baseball, football or bicycle parks, hereinafter

mentioned, where hYo or more amusement devices,

resorts or attractions are operated, and an admis-

sion fee is charged for an~ one or more of the ex-

hibits, resorts or attractions

Provided, this

78~

JOURXAL OF THE SEXATE

paragraph shall not be construe<l to exempt or relieve anv individual device, resort, amusement or
attracti~n located in said park'from the paying of
any specific or license tax hrrein imposed.
The following amendment was offered:

AMENDMEKT NO. 2 A.
Amend Paragraph 9 of Section 2 b~' inserting after the words ''attractions'' in line 5 the figures '' $250.00. ''
The amendment was a<lopt<'<l.
The paragraph was adopted as amended.
The following paragraph was taken up:
lOth. Athletic Clubs. Upon every Athletic Club, person or association giving boxing or sparring or wrestling exhibitions where admission charged is 50 cents to $1.00 for each exhibition, fifty ($50.00) dollars; where a<lmission charged is $1.00 to $1.50, one hun(lrecl ($100.00) dollars; where admission charged is $1.50 aml over, h\'O hundred ($200.00) dollars.
The paragraph was a1lopte<l.
The following paragraph was taken up:
11th. ~..\ll Auctioneers, selling jewelry b~- auction in said State, $200.00 in Pach county in which he conducts said sale.
(a) All Auctioneers selling junk in said State shall pay the sum of $100.00 in each county in which he conducts said sale.

SATURDAY, Al'"GU~T 6, 1921.

783

(b) .All Auctioneers selling furniture aml household goods in said State.shall pay the sum of $100.00 in each county in which he con<lucts said sale.
(c) All Livestock .Auctioneers selling livestock in said State shall pay the sum of $50.00 in each county in which he conducts said salE'.
(rl) All non-resident Real Estate Auctioneers shall pay the sum of $100.00 (each auctioneer) in each county in which he conducts sai<l sale. All resident real estate auctioneers shall pay the sum of $50.00 in each countv in which he conducts said sale. In securing said license said auctioneer must define to the tax collector before receiving license the style and kind of snle he intends to conduct.
The following amen<lment was offered:
Amends Section 2, Paragraph 11-C, by striking the figures "$50.00" in the last line of said paragraph and adding in lieu thereof the figures "$100.00." And amending said paragraph by adding at the elHl of said paragraph the following:
''Provided this tax shall not be required of auctioneers selling cattle, hogs, lin stock or agricultural products raised or produced in this State when being sold for the benefit of the raisers or producers.''
The amendment was adopted.
The following amendment was offered by the Committee:
Amends Section 2, Paragraph 11-D, by striking the figur<'S "$100.00" in tlw first line of said para-

784

,JorRXAL OF THE SEXATE

graph and adding in lieu thereof the fih>Ur<'s "$200.00."
The amendment was adopted .
The paragraph was adopted as muen<lP<l.
The following paragraph was taken up:
1:!th. Automobiles. l'pon eYPry agent of, and upon e\ery dealer in, awl upon eYery person soliciting orders for the retail sale of antomobilts, not including wholesale dealers or distributors soliciting or canvassing for local dealers or agPnts, the sum set out below.. In each county such dealer, agent or solicitor..selling or offering for sale, at retail automobiles, shall be required to pay one license fee only, so as to provide that all persons ~oliciting orders or selling automobiles at retail shall pay a license to become a dealer or agent and such lic<nse shall entitle such person to sell any make or make::; of new or second-hand automobiles in the said county in which said license is paid. ProYide<l, how<,pr, that nothing in this Act shall conflict with Paragraph 13 of sai<l General Tax .Act relating to secolHl-hand automobiles.
In each county with a population of less than :20,000, $35.00.
In each county with a population of between :!0,000 and 30,000, $70.00.
In each county with a population of betw(en 30,000 and 50,000, $105.00.
In each county with a population of hetwPen 50,000 and 75,000, $140.00.

785
In each county with a population of between 75,000 and 100,000, $210.00.
In each county with a population of between 100,000 and 150,000, $275.00.
In each county with a population exceeding 150,000, $345.00.
The Committee offered tlw following amendment:
Amends by striking all of Paragraph 12, Section 2, and inserting in lieu thereof the following paragraph:
"Par. 12, Sec. 2. Automobiles. Upon every agent of, upon every agent in, and upon every person solic iting orders for the retail sale of automobiles, not including wholesale deah>rs or distributors soliciting or canvassing for local dealers, the sums set out below, viz. :
''In each county such dealer, agent or solicitor selling or offering for sale, at retail, automobiles, shall be required one license fee only, so as to provide that all persons soliciting orders, or selling automobiles at retail, shall pay a license to become a dealer or agent, and such license slUtll entitle such dealer to sell any make or makes of used or second hand automobiles, and shall entitle said dealer to operate in connection with said business a service station, in the said county in which said license is paid. Any dealer having paid such tax to be allowed any number of employes for the purpose of selling cars within the county wherein such tax has been paid.

786

JouRXAL OF THE SEKATE

"In each county with a population of less than 20,000, $27.50; in each county with a population of between 20,000 and 30,000, $55.00; in each county with a population of between 30,000 and 50,000, $82.50; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a popuiation between 100,000 and 150,000, $2:20.00; in each county with a population excce<ling 150,000, $275.00. Provided, howPver, that nothing in this act shall conflict with the provision fixing a license upon exclusive dealers in used cars.''
The amendment was adopted.
The paragraph was adopted as amended.
The following paragraph was taken up:
13th. Used Cars. Upon every person, firm or corporation dealing exclusively in used automobiles or trucks, or S('cond-hand automobiles or trucks, the following sums:
In each county with a population of less than 20,000, $25.00.
In each county with a population over 20,000 and not over 50,000, $50.00.
In each county with a population excee<ling 50,000, $100.00.
The paragraph was adopted.
The following paragraph was taken up:
14th. Automobile Tire Accessories. Upon every wholesale dealer in automobile tires or accessories

SATURDAY, Auou::;T 6, 1921.

787

of any kind whatsoever, the sum of $100.00 for each place of business.
The paragraph was adopted.
The follo,ving paragraph was taken up:
15th. Upon all Automobile Schools, $10.00.
The paragraph was adopted.
16th. Automobile Assembling Plants. Upon each person, firm or corporation operating an automobile assembling plant, $500.00 in each county.
The Committee offered the following amendment:
Amend Paragraph 16, Section 2, by striking all of said Paragraph and substituting in lieu thereof the following:
"16. Upon every agent or representative of any foreign or non-resident corporation, said agent or representative having an office in this State, operating an automobile assembling plant, $500.00 in each county.''
The amendment was adoptel-l.
The paragraph was adopted as amended.
The following paragraph was taken up:
17th. Automobile Truck Assembling Plants. Upon each person, firm or corporation operating an automobile truck assembling plant, $300.00.
The paragraph was adopted.
The following paragraph was taken up:

788

JOUR~AL OF THE SENATE

18th. Automobile Garages. rpon each person, firm or corporation carrying on the bnsinPss of operating garages either for storagP or repairing automobiles, or keeping sanw for hire, in cities of mon than 35,000, $50.00; in cities betwPen :20,000 and :~5,000, $:~5.00; in cities between 10,000 an<l :20,000, $25.00; in cities an<l towns of 1,000 to 10,000, $7.50; in cities and towns of less than 1,000, fin dollars ; and persons op<'rating such garages within o1w mile> of the limits of all incorporate<l cities, $5.00.
The paragraph was adopted.
The following paragraph was taken up:
H)th. .Jitneys and Cars Operated for Hin. rpon each pPrson, firm or corporation operating what mc> known as jitneys, or keeping cars for hir<>, wlwtlwr in connection with the operation of a garage or not, a tax of $5.00 per annum for each car not onr S('Yen passenger, and a tax of $25.00 per annum for each car OYPI' seven passeng<>r, whetlwr operat<tl insi<lP or 'outside of the corporate limits of an.'- city or town.
ThP Committee offered the following amendment:
Amend by striking Paragraph 1H, Rection :2, an<l substituting in lieu thereof the following:
"Paragraph 19, Section 2. rpon ('Yery p<>rson, finn or corporation operating automobiles as common carriers of passengers upon a regular rout<' an<l for a uniform fare, the following amounts:
''For each automobile so operated in or through a city or town having not more than five thousand inhabitants, $10.00 per annum.

SATL"RD:\ Y, ~\ CGFt-iT G, 1921.

789

"For each automohill' so operated in or through towns or citiL>s haYing a population of not less than five or more than thirty thousmHl inhabitants, $:20.00 per annum.
"For each automobile so operate<l in or through towns or cities haYing a population of not lL>ss than thirty or mon than sixt~ thousan<l inhabitants, $40.00 per annum.
"For each automohih so op0rated in or through a city or town having not lPss than sixty or more than a hundrPtl thousand inhabitants, $75.00 per annum.
''For each automobile so operated in or through towns or cities haYing a population in excess of one hundred thousand inhabitants, $100.00 per annum.
"Upon making payment of sai<1 tax an<l registering before the Ordinary as required by Section 978 of the Code, sai<l person, firm or corporation shall, in addition to the r0gistration required by Section 978 of the Code, rr~gister with the Ordinary the make, seating capacity, manufacturer's number and State license number of 0ach automobile, such person, firm or corporation intends to so opei<ate, and upon failure to (lo so, such person, firm or corporation shall be guilty of a mis<lemeanor ancl upon conviction subject to the penalties prescribed by Section 978 of this Code.''
The amendment was adopted.

The following amen<lment was offere<l:

790

JouRNAL OF THE SENATE

AMENDMENT NO. 19 A.
Senate moves to amend by adding a new paragraph to be known as Paragraph No. 19 A:
Cars Operated for Hire. Upon each person, firm or corporation operating or keeping automobiles for hire, whether in cmmection with the operation of a garage or not, a tax according to the following scale, whether in or outside of th<' corporat<' limits of any city or town:
For each automobile so operated in or near towns or cities not over 5000 population, $10.00; from 5,000 to 15,000, $15.00; from 15,000 to 30,000, $20.00; from 30,000 to 50,000, $25.00; from 50,000 and oyer, $40.00.
Provided, however, these taxes shall not be required of operators or keepers of automobiles for hire when such automobiles are run over or operated upon a fixed or uniform route and in such cases, the schedule of fees shall be as follows: Upon every person, firm or corporation operating automobiles for transportation of passE'ngers upon a regular fixed route, commonly known as jitneys and for a uniforni fare of not more than 7 cents the following amounts : For a five passenger car or less, $15.00 per annum and for every such car c11rrying more than 5 passengers, $25.00 per annum.
The amendment "~as adopted.
The paragraph was adopted as amended.
The following paragraph was taken up:

SATURDAY, .AuGusT 6, 1921.

791

20th. epon all awning or tent makers, fifteen dollars.
The paragraph was adopted.
The following paragraph was taken up:
21st. Upon barber schools, fifteen dollars.
The paragraph was adopted.
The following paragraph was taken up:
22nc1. Upon enry barber shop having two chairs or less, the sum of $10.00, and the sum of $5.00 for each chair in addition to two.
'rhe paragraph was adopted.
The following paragraph was taken up:
23rd. Upon all agents for barber supplies, $50.00.
The paragraph was adopted.
The following paragraphs ,\er<' rpacl and adopted:
24-th. Upon all persons, firms or corporations operating all Turkish baths, Russian or vapor baths, $50.00.
25th. Upon each person, firm or corporation owning, leasing or operating any park, or place where baseball, football, or other similar game is played, or where automobile, motorcycle, horse, or bicycle races or contests are held, and where admission fees are charged, in cities of more than 50,000 inhabitants, or within five miles thereof, $200.00; in cities with over 20,000 and not over 50,000, or within five miles thereof, $100.00; in cities with over 10,000 and not over 20,000, or within five miles thereof, $50.00; in

i9:!

J OURXAL OF THE SENATE

citif's or towns of less than 10,000, or within five mil('s tlwreof, $20.00. Provided, that this tax shall appl~ onl~ to those parks and plar<'s when,in professional ganws are played or professional contests are held.
26th. Bag-atell(>, Billiard, .Tenn~ Linn, Pool or Tivoli Tables. Upon each person, firm or corporation operating for public use any billiard, bagatelle, Jenny Linn, pool or tivoli table, whether in hotels, clubs or other places, for each table, $50.00.
26th A. Upon each person, firm or corporation who keeps or holds for hire or for sale, for himself or as agent for resid.ent or non-resi<lent owner, any bagatelle, billiar<l, Jenny Linn, pool or tivoli table or other table of like character, for each place of business in this State, $100.00.
27th. Bond Makers. Upon each person, firm Ol' corporation engaged in the business of procuring or signing bonds, or depositing collateral in lieu of bonds for compensation, ('XCept dul~, authorized bonding companies and duly authorized officers of this State who are required to give bond to qualif~ as such officers, $200.00 in each count~.
28th. Book .:-\gents. rpon each agent or canvasser for books, maps, or lithographic prints, in each county in which he shall do business, $5.00. Provided, this shall not apply to bona-fide students earning their way through school or college, or persons selling Bibles that cost not exceeding $2.00.
29th. Bottlers. Upon each p('rson, firm or corporation, a bottling plant, bottling soft rlrinks or beverages of any character whatever, which said

SATCRDAY, ""\rar~T G, 1921.

793

plant uses a machine of any character whateYer, which said plant uses a machine for filling, capping, corking or se>aling bottles of any style or character, the sum of twenty-fin ($:.?3.00) dollars per year for each such machine haYing one filling head; seventyfiye ($73.00) dollars for each such machine having two filling hea<ls; one hundred and twenty-five ($123.00) <lollars for each such machine haYing three filling heads, and hYenty-fiYe ($23.00) dollars for each ad<litional filling llPad on such machines having more than three filling heads.
The paragraph was not adopted.
30th. Brokers, Stocks mHl Bonds. l~pon each person, firm or corporation dealing in bonds or stocks, either exclusiYel~' or in com1c>ction with other businc>ss, the sum of $100.00 for each town or cit~' where such business is carried <)n, the population of which does not exceed 10,000, and $130.00 where the population is over 10,000 and not over 20,000, and $:.?30.00 where the population excee<ls 20,000.
Tlw following paragraph was taken up:
:11 st. Brokers, J'll<>rchandis<> and Commission Merchants. Enr~ rwrson, firm or corporation doing business in this State awl \Yho receives or distributes provisions or merchandise, including flour, ha~', grain, coal, coke, lumber, brick or an~' other article of merchandise' shipped to such person, firm or corporatioll for distribution on account of the shipper, or \Yho participates in tlw profits ensuing from or accruing out of the sales of such provisions or merchandise as above described, or who invoices such sales, or who collects moue~ thenfor, shall be

JouRNAL 01~ THE SE.xATE
deemed a broker. Every person, firm or corporation buying or selling for another any kind of merchandise on commission shall be a commission merchant. Every person, firm or corporation Rhall pay for the privilege of transacting the business of a commission merchant or broker, in merchnn<lise, $100.00.
The Committee offere<l the following anwndment:
Amends Paragraph 31, Section 2, b~T striking the tigures '' $100.00'' in the last line of said paragraph, and adding the following: ''In cities or towns ,over 50,000, $50.00; and in cities or towns less than 50,000, $25.00.''
The amendment was adopted.
The paragraph was a<loptNl as ameiHlP<l.
The following paragraph was taken up:
32nd. Upon all brokers, agents or agPncies for printing, book-binding or lithographing, $25.00 in each county in which such broker or agent has an office or place of business.
The paragraph was adopted.
The following paragTaph was takt>n up:
33rcl. Real Estate. rpon each person, firm or corporation engaged in the business of buying or selling real estate on commission, or as agents, rent ing real estate, the sum of twenty-five ($25.00) dol lars for each county in which such business is carried on. And if such person shall engage in auctioneering or selling property at public outcry, or by auction sales, he shall also be liable for and re-

SATCRDAY, AracsT 6, 1921.

795

quired to pay the tax required of auctioneers by Paragraph Number 11 of this sE'ction, $50.00.
The Committee offered the following amendment:
Amends Paragraph 33, of Section 2, by striking the words ''for each county in which such business is carried on'' in the third and fourth lines of said paragraph, and substituting in lieu thereof the following: "In the county in which the principal office, or branch offic<', is located.''
The anwndnwnt was a<lopted.
The paragraph was adopted as amended.
The follo"ing paragraphs were a<lopted:
34th. Brokers, Railroad and Theatre Tickets. Upon each railroad and theatre ticket broker or scalper, when not prohibited by law, operating in cities of more than 10,000 inhabitants, $100.00; in cities or tmms of less than 10,000 inhabitants, $50.00.
35th. Upon all burglar alarm companies awl upon all automatic sprinkler companies or agents therefor, the sum of $25.00 for each ag<:>ncy or plac<' of business in each county.
36th. Cards, Dealers m. Upon each dealer in playing cards, $10.00.
37th. Upon all card writing, cutting or engTaving stands, five dollars for eacli stand in each county.
38th. Upon all carpet and rug cleaning companies not connected with laundries, $10.00.

796

.TorRXAL <n' THE REXATE

39th. rpon all <;enwter~ companies, agpncies, offices, etc., fifty dollars.
40th. Cigars. Fpon each person, firm or corporation engaged in the manufacturing of cigars where not more than fiye cigar makers are employed, $10.00; where more than fiye cigar mak<>rs an employed, $50.00.
The following paragraph was taken up:
41st. Fpon each person, finn or corporation engage(l in the sale of cigars, at wholesah, $50.00 for each place of business, an<l upon each person, firm or corporation operating any cigar store as a member branch or part of any chain store syst('m, or tobacco syn(licate in cities onr 25,000 population, $300 for each place of business.
The Committee offere<l the following anwnclment:
.;\mends Paragraph 41, by striking all of said section and substituting the following:
''Paragraph 41. Be it further enacted by the authority aforesaid, That all manufacturers of cigars, wholesale dealers, or jobbers selling cigars to retail dealers in this State, both resident and non-rrsident of this State, and all retail dealers in this State, shall on or before September 1st, 1921, register with the Comptroller-General of this State, giYing nanw and place of business. It shall be the duty of all manufacturers of cigars, wholesale dealers and jobbers selling cigars to retail dealers in this State, to render to the Comptroller-General of this State, at the end of each month after the enactment of this

SATL"RDAY, ArarsT 6, 1921.

797

law, an itemized statenwnt of all shipments of fancy or high priced cigars, whose ptice is $75.00 or above, per thousand, to retail dealers in this State.
''It shall be the duty of all retail dealers in fancy cigars in this State to purchase from the Comptroller-General 'Occupation or Sales Tax Stamps' and to place upon each and every package of fancy cigars, whose wholPsale price is $75.00 or above, per thousand, a Tax Htamp at the rate of one cent for each cigar contailwd in such package alHl the saitl Tax Htamp shall be cancelled by haYing the date of the receipt of the package and the name of the retailer written thereon, and it shall bo unlawful for any retail dealer to open any package containing fancy cigars as specified in this Act, or to sell the same before it has been stamped as requir<'<l in this Section, and a violation of this Section shall be punished as for a misdemeanor accor<1ing to RPction 1065 of the Penal Code of Georgia.
"Be it further ('nactP<l, that for the purpose of this Act, the Comptroller-General of this State shall have printed a series of cigar tax stamps in denominations of 50 cents, one <lollar, five dollars, ten dollars and fifty dollars. The form, type, size, color of the stamp shall be lPft to the jtHl[,'1nent of the Comptroller-G<'ll<'nll, provitle<l that each stamp shall have printed upon it the words, 'Occupation or Sales Tax on Fancy Cigars,' together with the words or figures indicating its d<'nomination. ThC' Comptroller-General shall ke<'p on hawl at all times- a sufficient quantity to supply the <lPmand promptly.

798

.Jo"LRXAL oF THE SEXATE

''The Comptroller-General shall keep an accurate record of all stamps bought awl sol<l by him, showing the name of each purchas<>r antl the amount of Tax Stamps sold in each month, all<l at the end of each month he shall deduct from the amount received the amount paid by him for the stamps aml other items necessary for the o"peration of this plan, and immediately pay the balance in his hands to the Treasurer of the Stat<.. ..:\ t the Pn<l of Pach month he shall also send to the Uonrnor a statPmPnt showing the amount colltch<l, tlw ittmR of <'XJl<'llS<' to bt tleclucted an<l the amount paid h~ him to the Treasurer.
''If any person, firm or corporation shoul<l undertake to defraud the State by making or furnishing duplicates of Tax Stamps to any manufacturer or jobber or wholesalPr, he shall be guilty of a felony and upon conviction therpof shall. be fine< l not less than $1,000 nor more than $5,000, or R<>ntencPd to the penitentiary for not leRR than two yPars nor more than five years.''
The amendment was not a<loptc<1.
The following amendment was offen<l :
The Senate offers the following as a suhstitutP for 41 an<l moYes to numlwr it 41 ;\:
41 A. Retail Dealers in Cigars. rpou each p'tson, firm or corporation Pngagc<l in the salt of cigars at retail in towns or cities of less than 2,000, $5.00; in towns or cities of more than 2,000 mH l less than 5,000, $10.00; in towns or cities of mon than 5,000 ancl less than 10,000, $20.00; in towns or cities of more than 10,000 and less than 20,000, $25.00; in

SAlTRDAY, ~\ racsT 6, 1921.

799

to\\ns or citi<>s of more than :20,000 a11<l less than 30,000, $30.00; in towns or cities of more than 30,000 m1<l less than 40,000, $:15.00; in towns or cities of more than 40,000 and l<'ss than 50,000, $40.00; in to,,ns or citiPs of more than 50,000 and less than 75,000, $50.00; in towns or cities of more than 75,000 and less than 100,000, $75.00; in towns or cities of more than 100,000, $100.00.
The following amendment to Paragraph 41 was offered:
41st. Upon each person, firm or corporation engage<l in tlw sal<' of cigars at wholesale in cities of less than 50,000 population, $50.00 for each place of businf'ss an<l in cities onr 50,000 population, $100.00 on each place of business.
The amenclment was adopted.
The paragraph was adopted as amended.
The following paragraphs were aclopted:
J:2nd. Upon each 1wrson, firm or corporation who may sPll or gin' away cigar<>tt<>s or cigarette pap<>r, or who furnislws their customers with cigarettes, cigarette paper in connection with any other purchase or transaction, or who may keep in their places of busin<>ss any of sai<l articl<'s, whether prin.cipal stock in tracl<' or sol<l or ginn awa~ or furnished directly or indirPctl~ with other articles, or kept in his or her place of business, or elsewhere accessible to his or her custonwrR. for each place of business, $25.00.
43nl. Circns<'S. rpon each circus company, or other company or companies gtvmg such exhibi-

800

J OURXAL OF THE SE~ATE

tions, beneath or within a canYas enclosnn', advertised in print or by parade in an~ manner whatsoever, as a circus, nwnagerie, hippodrome, spectacle or show implying a circus, in or near citi<>s of 40,000 or more inhabitants for each day it may exhibit, $500.00; in or near cities between :W,OOO mHl 40,000 inhabitants for ea.ch da~' it ma~ exhibit, $:~00.00; in or near cities betWP<'n 5,000 and :W,OOO inhabitants for each day it may exhibit, $:.?50.00; in or near cities and towns of less than 5,000 inhabitants for each day it may exhibit in. the State of Georgia, $100.00.
43rd ~\. Upon each side show accomTHm~ing a circus company in or ncar cities of 5,000 population or mor<:>, $50.00, an<l in or nc>ar all cities or towns of less than 5,000 population, $25.00.
4-4th. rpon all clipping bureaus, ten <lollars.
"T 45th. Coal, Coke or 00<1. rpon each }Wrson,
firm or corporation dealing in (whether for themsehes or as agents, or as brokPrs) coal, cokP, or woocl in cities of more than one thousand inhabitants and not more than 10,000, $10.00; in citiPs of more than 10,000 an<l not more than 20,000 inhabitants, $50.00; in cities of more than 20,000, $100.00.
The following paragTaph was taken up:
46th. rpon all concerts, shows and <'xhibitimu; charging an admission, not otherwise hen'in taxed, in or ncar cities of less than 5,000 inhabitants, $25.00; in or near cities of more than 5,000 and not more than 20,000, $50.00; in or near cities of more than 20,000 and not more than 50,000, $75.00; in or near cities of more than 50,000, $100.00 for each day. Provided, this section shall not apply to exhibitions

SATURDAY, AuGusT 6, 1921.

801

given by local performers nor to exhibitions the entire proceeds of which are for charitable or benevolent purposes. Nor to entertainments commomy known as chautauquas.
The following amendment was offered by the Committee:
AMENDMENT NO. 11.
Amend Paragraph 46, Section 2, by adlling at the end of said paragraph the following: '' ProYillec1, further, that this Section shall not apply to histrionic, dramatic, and operatic performances gin.'n in regularly licensed theatres and opera houses, but upon each such theatre or opera house in towns of less than 2,000 inhabitants, $2.50 per month; in cities from 2,000 to 5,000 inhabitants, $3.75 per month; in cities from 5,000 to 10,000 inhabitants, $6.25 per month; in cities from 10,000 to 25,000 inhabitants, $9.50 per month; in cities of oYer 25,000 inhabitants, $12.50 per month.''
The amendment was adopted.
The paragraph as amended was adopted.
The following paragraphs were atloptetl:
47th. Construction Companies. Upon each person, firm or corporation accepting n contract to construct bridges, dams, waterworks, roads, railroads, street paving, cantonments, or other structures or works of a like public nature in each county where doing business, one-tenth of 1 per cent. of the contract price for such work, or in case such work is not do1ie for a fixed contract price, then one-tenth of one per cent. upon the cost of such work, and

so:z

,JOURXAL OF THE SEXATE

proYid<'d that the aggrPgatP tax paicl b~- any on' contractor or firm or corporation under this sPction shall not t'XCP<'< 1 th<' ~um of $500.00 in an~- mw com:ty in an~ calendar year.
48th. Contractors. Any ]Wrson, firm or corporation accPpting onlt>rs or contracts for doing an~r work on or in an~' buil<ling or Htructure nquiring tlw
usP of paint, stmw, lnick, mortar, wood, C<'ment, structural iron or shel, shN't iron, galYanizP<l iron, metallic piping, tin, lP~l<l, Pl<chic wiring, or other metal, or any otlwr building, or who shall accept contracts to <lo an~' pming or curbing on si<l<'walks or strPPts, public or priYat<> prop<>rt~- using asphalt, brick, stone, cement, wood or an~' composition, or who shall acc<>pt an onlN for or contract to <'Xc~nate Parth, rock or other matNial for foundation or an~ other purpos<', or who shall accept an onlcr or contract to construct m:~' S<'W<'l' of ston0, brick, terra cotta or otlwr material, shall lw (lPemNl to lw a contractor. Ji~Yer~- contractor shall, on the first clay of Januar~ in each y<>ar, procnrP from tlw Or<linary in the count~- in which he has his offic0 a license to CHIT~ on thP busin<>ss of a contractor; proYi<lP(l that if such contractor has no officp in this State tlwn he may procm0 such licPnsf' from tlw Ordinar~ from the count~- wllC'rP he coU<lucts his business. EYery such contractor shall pa~ for the priYilege of transacting businPss in this State $10.00, proYidPd tlw mnount of all or<l0rs or contracts accepted do not Pxcee<l $10.00, and $1.00 a1l<litional for Pach $1,000.00 of onl0rs or contracts accepted aboYe $10,000; this to be pai<l as follows: $10.00 to be paid at the beginning of the y<'ar or at the commence-

SATURDAY, AUGUST 6, 1921.

803

ment of business within any year, and thereafter returns to be nuHle at the en<l of the quarter to the tax collector showing the amount of or<lers or contracts acc<pte<l <luring tlw quart<>r allll the amount of tax due upon the onlers or contracts aboYP $10,000 tn be paid at the e1Hl of <ach quarter with the making of this rPpmt, provid<'d the provisions of this section shall not apply in caseH \\hen the contract price <l<ws not <'XCPed tlw smn of fin' hundred dollars, and wlwr<> tlu' contractor dol's not <mploy mon> than tw0 assistants.
49th. Corporations, Domestic. ..:\ ll corporations incorporated mHler the laws of Georgia shall, pxcept those that are not organiz<>d for pPcuni~u~ gain or profit, and those that 1witlwr charp;e noi contemplat<~ charging the public for serYict>s rPn<lere<l, in a<l<lition to all other taxps now required of them by law, are hereb~- required to pay each year annual licenses or corporation tax as stwcifie<l in the following scales:
Corporations with capital not exceeding $10,000, $10.00.
Corporations with capital over $10,000 and not over $25,000, $15.00.
Corporations with capital over $25.00 and not over $50,000, $20.00.
Corporations with capital over $50,000 and not over $75,000, $30.00.
Corporations with capital over $75,000 and not owr $100,000, $50.00.

804

JOURNAL OF THE SENATE

Corporations with capital OY{'r $100,000 and not over $300,000, $100.00.
Corporations with capital onr $300,000 and not oYer $500,000, $200.00.
Corporations with capital o\-er $500,000 and not oyer $1,000,000, $300.00.
Corporations with capital oyer $1 ,000,000 and not oyer $2,000,000, $500.00.
Tax required by this paragraph to be paid to the
tax collector of the county where such corporation has its home or office of business, and the payment of this tax will relieYe such corporations from the payment of said tax in an~- other county in "\vhich
it does business, and to that end the collector shall
furnish such duplicate receipts as rna~- b{' needed for authorized agents of the corporation in the other counties in this State.
50th. Corporations, Foreign. Upon enr~- agent or representative of any foreign or non-rPsident corporation, said agent or r0presentative haYi11g a place of business or office in this State, in ad<lition to all other taxes now required of them by law, shall be and they are hereby required to pay each ~-ear an annual license or occupation tax fixed in accor<lance with the capital stock of corporation represented by them as specified in the preceding paragraph of this section (wherein is fixPcl the license or occupation tax requited of corporations chartered under the law of Georgia) for schedule or scale therein set forth. Provided, that if such foreign or non-resident
corporation shall pay to the Comptroller-General of
this State license tax prescribed as per said schedule

SATURDAY, AuGU8T 6, 1921.

805

for resident corporations, then such agents of foreign or non-resident corporations shall be relieYed from said occupation tax, and to this end said foreign corporations shall register their names, c~rpital stock and the names of their agents with the ComptrollerGeneral at the beginning of each year, and upon said license or occupation tax or certificate or duplicate receipt for each agent that said tax has been paid and the representation of such certificate or duplicate receipts by such agents to the tax collector of this county shall be sufficient evidence of such payment and authorize the agent to be relieYed of said tax. The paynwnt of thig tax shall not be construed so as to relieve the corporation or agent of any other license or occupation tax whnteYer. Provided, that this and Paragraph No. 49 of this section shall not apply to insurance companies or to sewing machine companies, or to companies doing or operating a real estate loan business as mentioned and described in Paragraph 71 hereafter. which are separately taxed in other paragraphs of this Act._ Provided further, that all returns by corporations resident or non-resident must be made under oath, and when any corporation paying this license or occupation tax requires or demamls more than two duplicate certificates for agents, then such corporations shall be required to pay an acl<litional f<:>e of one dollar for each duplicate certificate or receipt oYer and above the first two mentioned.
51st. Dance Halls. r pon each person or persons
operating public dance halls, where (lancing is permitted or taught for hire, $100.00.

806

JouRxAL oF THE SE~ATE

52nd. Devices, Bowling a11!l TPn-Pin ..:\ll<'ys, Cane Racks, Shooting Gall<>riPs, Etc. t'"pon each ywrson, firm or corporation opPrating for gain a bowling, boxing ball, ten-pin allp~ or allPy of like character, shooting galleri0s or booth when' firparms ar0 us<<l for firing at a targf't aiHl upon persons operating for gain any table, stan(l, machilw or place for perfornumce of ganws, not prohibited b~ law, an<l an~ rack or booth or plac<> for pitching or throwing rings at cant's, knives or otlwr things of value, or any table or stand for rolling balls for pla~ or for sale or llisposition of prizes, for <>ach stan<l, tahlP, allp~, gallery, machine, rack, booth or otlwr plac<' put in use at each place of business in this Stah, the sum of $50.00.
53rd. Upon the owner, managt>r, k<<>pn of or lessee of any skating rink in this State where any fee or charge is made for admission, for the usc of skates, or skating, in counties having a population of more than 100,000 inhabitants, the sum of $100.00; in counties of 50,000 and not onr 100,000, the sum of $50.00; in countiPs of lt>ss than 50,000 populntion, the sum of $25.00 for each place of busin<>ss.
54th. Directories. 1pon Pach person, firm or corporation compiling a city llirectory or dinctori<'s of any character, aml selling or supplying tlw same on subscription, the sum of $125.00.
55th. Dog and Pony Show. rpon each <log, pony or horse show where the entire show is PxclusiYel~' an exhibition of .trained dogs, ponies, or horsts and monkeys, or a combination of any of them, beneath a tent canvas or enclosure where an admission fee of fifteen cents or more is charged, the sum of fifty

807
($50.00) dollars for each <lay it may exhibit, and upon such shows with an admission fee of less than fifteen cents, the sum of thirty ($30.00) dollars for each day it may exhibit in this State.
56th. Upon all}H'rsons, firms or corporations engaged in dry cl<>aning, $:!5.00. Provided, this paragraph shall not appl~ to pressing clubs that do not engage in dry cl('aning. 1Tpon all pressing clubs not t>ngaged in <lry cleaning, $5.00.
57th. Upon all Plectrical contractors, ten dollars.
58th. Emigrant Agents. rpon each emigrant agent, employees of such agents cloing business in this State, for each county in which such agent or employee may <lo or offer to llo business $1,000.00.
59th. Upon all employnwnt agencies or !mreaus doing business in this StatP, fifty dollars for each county.
60th. Fortune TPllers, Gypsies aml Horse Traders. Upon an~ person having a fixed place of business, engaged in fortune telling or palmistry, for each county where located, $:200.00.
60th A. Upon each company of trawling horse traders or traveling Gypsies, or traveling companies or other transient traveling persons or firms engaged in trading or selling merchandise or live stock of any kincl, or clairvo~ants, or persons engaged in fortune telling or pahnistr~, in ('ach county where they carry on either kinds of business herein mentioned, $25.00. Such tax shall constitut< a lien on any stock OWlH'<l by such tnweling p<>rson or firm.

1:508

JouRNAL oF THE SENATE

Provided, that no Confederate soldier, indigent, or any other person, firm or corporation, shall be exempted from the tax provided under this section.
61st. Gasoline or Oil. Upon each person, firm or corporation selling oil or gasoline from a wagon or truck ten ($10.00) dollars for each wagon or truck.
The following paragraph was taken up:
62nd. Insurance Agents. Upon each and every local insurance agent, doing business in this State and upon each and every solicitor or sub-agent for any resident or non-resident company doing business in this State, except mutual fire associations or companiea, or their agents, operating solely on mutual obligations, for each county in which they shall transact or solicit insurance business, $10.00.
(b) Upon each and every traveling or special or general agent, or managPr, of any life, fin', accident, casualty, liability, fidelity or surety insurance company conducting the business of such companies in this State, $100.00, payable in the county of the residence of the agent, and the tax collector's receipt shall be his authority to go into any other county without the payment of an achlitional tax.
(c) L pon each and every traveling or special or gt>nPral agent, or manager or superintendent, of any assessment life insurance company, or industrial life insurance company, or sick benefit or accident insurance company, or live stock insurance company, <loing business in this State, whether for reRi(lPnt or non-resident company, $50.00, payable in the county of the residence of the agent, as pro\icl<'(l aho-.:e for other insurance companies.

S.HrRDAY, A rGrsT G, 1921.
(d) rpon all adjustment bureaus, l'lllp}oying <Hljusters, a tax of $50.00 for each person who adjusts any loss, said tax payable in the county where the bureau is locate<l, awl the receipt of the tax collector for the payment of sai<l tax, shall authorize the person nanwd in the rPceipt to go into an~' county m the State.
(e) r pon c>ach an;l P\"Pl'Y }H'n;on who a<ljusts in-
surance> losses, not connPctt>d with an adjustment burtau~ $50.00, payablP in the county of his residence, and tlw receipt of the tax collector shall be his authorit~- to do business in any part of the State.
(f) Said license tax must be pai<l in advance by sai<l agent or ag<nts to tlw tax collector of the county of his or tlwir nsidPncc> bc>fore said agent shall be authorizt><l to act as agPnt for any such company. Providt>d, that railroad tickd agPnts selling accident insurance' tickPts shall not he <1Peme<l msurance agents in the sensP of this paragraph.
The Committ<<> offcn<l the following amendment:
Amends Paragraph G:2-E, of SPction :2, by adding after the won l '' Residt>nce'' in tlw st>coml line of said sub-paragraph, G:2-E, tlw following: "Not to apply to local insurance agents who adjust losses without remuneration.''
The amendment \Yas adopted.
The paragraph was adopted as mnende<l.
Th<' following paragraph was tak<'n up:

810

JouRXAL oF THE SEXATE

53rd. epon each person, firm or corporation. manufacturing ice cream or selling sanw at wholPsale, $100.00.
The Committee offered the following am<>ndm<>nt:
Amend Paragraph 6:~, SPction 2, by striking all of said paragraph and substituting in lien th<'rPof th<> following:
"63. 1Jpon each pC'rson, firm or corporatiou manufacturing ice cream, or selling sanw at whoh'sale, in cities of more than 50,000 inhabitant~.;, $50.00; in cities of from 20,000 to 50,000, $25.00; in citiPs of from 10,000 to 20,000, $10.00; mHl in citi('S lPss than 10,000, $5.00.''
Th<' anwn<lnwnt was adopt<><l.
The paragraph was a<lopt('(l as amen<lP<l.
The following paragraph was tak<>n up:
64th. Itinerant Practitioners. Fpon evPry itinerant <loctor, dentist, optician, veterinary surgeon, osteopathist, chiropractor, or sp<'cialist of every kind, doing business in this State, the sum of twC'ntyfive ($25.00) <lollars for Pach county in which the~ may practice or do business. Provi<led, that if an:-- one of such said itinPrant specialists shall}w<hlle or sell any drug, medicinf', remedy, applianc<', spectacl~s, glasses or other goods in connection with tlw practice of his profession, lw or the~- shall be subject to the tax rf'quirPd of JW<ldlers or trawling venders of patent, proprietary medicine, nostrums, etc., by paragraph 80 of this Act, to wit, fifty dollars ($50.00) in each county where the:-- may off<>r to sell such articles. Provicle1l, that tlw proYiHionH of

0

SATCRDAY, .Arm:sT 6, 1921.

811

this paragraph shall not apply to persons whose fixed place of busin~>ss is in an~ count~ of this State and who haw pai<l the professional tax required by paragraph 94 of this Act.
The Committee offered the following amendment:
Amends Paragraph 6+, Rection ~' b~' beginning with the word "Provi<le<l" in tlw lOth line of said paragraph and striking the rPmain<ler of said paragraph.
The amendment was adopted.
The paragraph wm; a<loptP<l as anHntled.
The following paragraphs wen <Hlopted:
65th. .Junk Dealers. rpon each person, firm or corporation engaged in the business of dealing in junk in cities of over 50,000 inhabitants, $100.00. In cities of from 10,000 to 50,000 inhabitants, $50.00. In cities of from :3,000 to 10,000 inhabitants, $25.00. In cities or towns under :~,000 or within ten miles thereof, $10.00. l!Jach junk <lealer, his clerk, agent or Pmplo~ec, shall keep H book, O}WU to inspection, in which he shall make Pntries of all railroad iron, brass pieces of maehiner~, plumbing materials, unused farm implements, automobile parts, fixtures or accessories, purchased by him, tog<>ther with the name of the party from whom purchased, and upon failure to keep such books or record and produce it on demand, the said dealer shall forfeit his license.
66th. Legerdemain and Sleight-of-Hand. Upon <>ach exhibition of feats of legerdemain or sleight-ofhand, or other exhibition nnd entertainment of like kind, $25.00.

81:!

.JouRNAL O.Jo' THE SENATE

67th: Lighting System. rpon each person, finn or corporation selling, whdher as manufacturer, agent or dealer in any lighting system, whetlwr gas, gasoline or electrical, in each county where business is done, $25.00.
The following paragraph was taken up:
68th. Lightning Rods. rpon <>ach perRon, firm or corporation who may contract for or engage in the business of fitting up or erecting lightning rods in this State, the sum of thirty dollars ($30.00) for each county in which he may contract for, or erect, or put in place any lightning rod or ro<ls, upon any structure or building therein, an<l it shall b< the duty of the tax collector to whom the tax is pai<l to issue the person paying such tax a license, receipt showing such payment.
The Committee offered the following anwndnwnt:
Amend by striking figures "$30.00" in line three of said paragraph and substituting in lieu thereof the fih'1lres "$50.00."
The amendment was adopted.
The paragraph was adopttd as amPlHle<l.
The following paragraph was taken up:
69th. Live Stock. T:pon each person, firm or corporation dealing in liYe stock, having a fixed place of business, in cities of more than 50,000 inhabitants, $25.00. In cities of from 10,000 to 50,000 inhabitants, $15.00. In citiPs or towns of less than 10,000 inhabitants, $10.00.
The Committee offered the following amendment:

SATURDAY, AUGUST 6, 1921.

813

~-\mends Paragraph 69, Section 2, by striking the figures "$25.00" in the third line of sai<l paragraph, and adding in lieu thereof the figures "$75.00"; and by striking the figures '' $15.00'' in the third line of said paragraph and adding in lieu thereof the figures '' $30.00''; and b~, striking the figures '' $10-:00'' in the fourth line of said paragraph awl adding in lieu thereof the figures '' $15.00. ''
The amendment was adopted.
The paragraph as amended was adopted.
The following paragraph \Vas taken up:
70th. Loan 1\gents. Upon each person, firm or corporation negotiating loans and charging therefor any fee, commission or salary, in each county in which he or they may carry on such business, the sum of $25.00. ProYicled, this tax shall not be required of attorneys-at-law who haYe paid the professional tax required by this Act and who shall engage in negotiating loans on collateral other than wages, time or salary; proYided, further, that this tax shall not be required of any person, firm or corporation in any count~- in which its correspondents, agent or other local representatiye has paid sai<l tax or otherwise complied \Yith or conforined to this section.

(b) Should such person, firm or corporation engage in loaning or negotiating loans upon wages, or time, or the purchasing of salaries, the sum of $25.00.

The Committee offered the following amendments:

814

JouRXAL OF THE SE~ATE

AMENDMENT KO. 18.
Amends Paragraph 70, of Section :2, by ~triking the figures "$25.00" in the third line of said paragraph and adding in lieu thereof the figure~ '' $50.00. ''
The amendment was atloptetl.
Further amends Paragraph 70, of SPction :2, h~r striking the words ''in each county in "hich he or they may carry on such business," in tlw ~Pcon<l and third lines of said paragraph, and substituting in lieu thereof, the following: ''In tlw county in which the principal office, or branch officP, is locatP<l." ,\nd amend further by adding aftt>r the wonl "Salary" in the sixth line of sai<l paragraph tlH' following: ''Except where he represents a regular loan company, in which case he shall pay the tax.''
The amendment was atlopted.

AMENDMENT KU. :20.
.Ameml Paragraph 70-B, of St>ction :2, b~- striking the figures "$25.00" in tlw la~t line of ~ai<l paragraph, and adding in lieu tht>r0of the figurPs '' $100.00. ''
The amendment \vas adopted.
'l'he paragraph was adoptP<l as amt->IHlc'd.
The following paragraph \Yas takPn up:
71st. Legislative Agents. epon <:'HCh person l'Pgisterecl under the Act of the General ..:-\ ss<>mbly approwd August 11, 1911 (S0e ..:\ctR 1911, page 151), the sum of $100.00.

S.nTRDAY, _.:\ ro "LTST 6, 1921.

815

The Committee offered the following ame11<lment:
Amends Paragraph 71, of Section :2, b~ striking the figures "$100.00" awl substituting in lieu ther<>of the fig-ur<:>s "$300.00."
The anwiHlnwnt was adopted.
ThP paragraph as amemle<l was adoptPd.
The following paragn1phs were a<loptPd:
7:2nd. LpOll PaCh person, finn Ol' Corporation operating a laundry or <l~eing establishnwnt, in cities of more than 50,000 inhabibmts, $100.00; in cities of from :20,000 to 50,000 inhabitants, $50.00; in cities of less than 20,000 inhabitants, $:25.00 per anJJum, for each place of business.
7:ird. Machines (Store Cash Register). Fpon each manufacturer or wholesale dPale>r in, or agent for tlw sale of any cash or account ngister, for each place of businPss in this StatE' the sum of $100.00.
74-th. Machines CWeighing or Calculating). Upon each manufacturer or wholesale or rdail deale>r in, or agent for the manufacturer of any weighing scalP, or scales for calculating \\eights or prices of commodities, for each place of business in this State, $25.00.
75th. Machines, Office (A <lrling Machines). L pon every manufacturey of, or wholesale or r<'iail deale>r in, or agent for the sale of any adding or calculating machine retailing for more than ten <lollars, for Pach place of business in this Stat<>, $:200.00.
76th. Machines, Typewriters. Fpon enr~' manufacturer of or wholesah' or retail <lealer in, or agent

816

JOURNAL OF THE SEXATE

for sale of any typewriter or typewriting machine, for each place of business in this State, $100.00.
The following paragraph was tak<'n up:
77th. Machines (Slot Machines). "Cpon eYery slot machine, punch board or other <leYice operated, used or kept in this State wherein is kept an~~ article to be purchased by depositing tlwrein or paid therefor any coin or thing- of Yalu<>, awl for which ma~ be ha<l any article of merchantlise whatsoeYer, for each machine, punch board, or other <l<>Yic<>, for each county where kept, set up, use<l or op<>rat<<l, $5.00.
(b) Upon each slot machine wherein may be seen any picture, or any music may be heard by depositing in the machine any coin or thing of Yalue, and each weighing machine or scale, and eYery machine making stencils by the use of conh:iYanc<'s operah<l by slot wherein any coin or otlwr thing is to be <leposite<.l or used, $5.00. Provi<le<l, that not more than seventy-five dollars shall be nquirt><l of any one person in any one county under this section.
The following amendment was offered:
.Amends Paragraph 77: of Section :2, by striking the figures "$50.00" and substituting in lieu thereof the figures "$10.00." And further ame11<ling said paragraph by adding at the end of said paragraph, after the figures '' $5.00 ''. the following: '' 'Vhere there is no chance incurred by reason thereof.''
The amendment was adopted.
The paragraph as amended was atlopte<l.
The following paragraph was adopted:

SATURDAY, A-uGUST 6, 1921.

817

78th. Upon every bicycle dealer selling or dealing in bicycles, either at wholesale or retail, for themselves, or upon commission, or consignment, shall pay the sum of ten dollars for the fiscal year or part thereof, to be paid to the tax collector of the county at the time they may commence business. Dealers selling bicycles at more than one place shall pay license "for each place of business where bicycles are sold. All unsold bicycles bPlonging to dealers shall be liable to seizure an(l sale for payment of such fees, license and tax.
The following paragraph was taken up:
79th. Upon every person, firm or corporation selling or dealing in motorcycles or motor attachments for bicycles, whether in connection with the business of selling bicycles or automobiles or otherwise, $50.00 for each plaC(' of business.
The Committee offered the following amendment:

AMENDMENT NO. 23.
Amends Paragraph 79, Section 2, by striking the figures "$50.00" and substituting in lien thereof the figures '' $25.00. ''
The amendment .n1s adopted.
The paragraph was adopted as amended.
The following paragraph was adopted: 80th. Machinery and Implements. "Cpon ever~ manufacturer of reaping, mowing, binding or threshing machines, gas, electrical or oil engines, agricultural machinery propelled by gas, and road build-

818

JouRNAL oF THE RExATE

ing machinery propelled by gas or oil, selling or dealing in such machinery by itself, or its agents in this State, and all wholesale and retail dealers in above mentioned machinery, selling such machinery manufactured by companies that haYe not paid the tax thereon named, shall pay one hundred ($100.00) dollars, the same to be paid to the Comptroller-General annually at the time of commencement of business, and to be known as a license fpc for the priYilege of doing businPss in this Htate. All companies and others paying this license fee shall, at the time of payment furnish the Comvtroller-General with a list of all agents authorized to sell the aforesaitl machinery of their manufacture, or untler their control, and shall pay to said Comptroller-General the sum of ten ($10.00) dollars for each of said agents for the fiscal year or fractional part tlwreof for each county in which the said agents may do business; upon the paynwnt of tE:>n ($10.00) (.lollars, the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State.
Before commencing business in this State all such agents shall be required to register thl'ir names with the Ordinaries of those countiPs in which tlwy intend to do business, mHl shall {xhibit to said Onlinaries their license from the Comptroller-GPneral. "rholesale and retail dealers in abon nwntione<l machinery shall be require<l to pay tlw tax rnoYi<l<<llwrein for manufacturers of the abon machines sol1l by them except the manufacture of such companies as have paid the tax nqnin'd h~ this ~\ct. .:\ll unsold

SATURDAY, Avm:~T 6, 1921.

819

machinery belonging to manufacturers, dealers, or tlwir agents or in tlwir possession or the possession of others, shall be liahlt to seizure and sale for the payment of such fees, license or tax.
None of the proYisions of this section shall apply to licensed auctioneers selling secoll!l-han<lmachines or to officers of tlw law under legal process, or to merchants bU)'ing or selling said machinerr on which a license tax has bPPn paitl as herein provi<le<l, and who keep the same and sell and <lelinr them from tlwir place of businPss. Any person who shall violate the proYisions of this section shall be liable to indictment for a misdemeanor and on conYiction shall be punished as prescribed in Section 1065, Volume 2, of the Code of 1910.
The following paragraph was taken up:
8lst. Meny-Go-Rounds. Vpon the owni:'r, managtr, keev<'r or li:'ssee of any nWlTy-go-rouml or flying horses, or of fl~ring swings, or human roulette or sinii-devices run by nulchiner~, or of any elevated railway or scenic railway, or similar contrivance kt>pt for gain, either directl~, or indinctly, for each place of business in this State and for each place where operatetl, $25.00.
The Committee offered the following aiuendment:
Amends Paragraph 81, Section 2, by striking the figures "$25.00" in the last line of sai<l paragraph, and adding in lieu thereof the foUowing: ''In cities onr 30,000 inhabitants, $50.00; in cities between 10,-

820

JouRXAL 0.1!' THE SE:8ATE

000 anu 50,000, $30.00; in cities between 5,000 and 10,000, $20.00; and in cities or towns less than 5,000, $10.00.''
The amendment was adopted.
The paragraph was atloptetl as amendetl.
The following paragraphs were atlopteu:
82nd. Upon all motion picture supply houses, or film distributing agencies, for each place of business, $100.00.
83nl. Musical Instruments, Graphophones, Organs, Phonographs, Pianos and Victrolas. Upon each person, firm or corporation engaged in the business of selling or renting, as agents or dealers, any of the above or similar instruments in cities of more than 50,000 inhabitants, $100.00. In cities of from 25,000 to 50,000 inhabitants, $50.00. In cities of from 10,000 to 25,000, $25.00. In cities or towns of less than 10,000, $10.00.
84th. News Dealers. Upon each person, finn or corporation carrying on the business of selling books, magazines, papers, fruits, confections or other articles of merchandise on the railroall trains in this State, $500.00. No count~' or municipality shall have authority to levy any additional tax for the privilege of carrying on said businPss.
85th. Officials. "Cpon the president of Pach express, telegraph, telephone, railroad, street railroad, steamboat or navigation company, electric light, sleeping car company, palace car company, building and loan association investment and loan company " (except local building and loan associations fostered

S.UL'RDAY, AL'GUST 6, 1921.

821

as a ciYic undertaking and not conducted for financial gain or profit), gas company, \Yater power company doing business in this State, $25.00.
In case the president of any of the companies enumerated in preceding paragraph does not reside in this State, then in such case the general agent, superintendent or other person or official in chaJ:ge of the business of such companies who reside in this State shall be required to pay this business or professional tax of twenty-fiye ($25.00) dollars, and no municipal corporation or county authorities shall leYy an aclclitional tax on the professions and officials enumerated in paragraph aboYe set forth, either as a license, tax or a fee otherwise.
86th. Packing Houses. Upon enry incliYiclual agent or finn of agents of any packing house, and upon any and eyery imliYidual agent or firm of agents of any person, firm or corporation dealing in any packing house products or goods doing business in this State, for each place of business in each county haYing a city situated therein with a population of 30,000 or more inhabitants, $300.00. For each place of business in each county with a population of from 15,000 to 30,000, $130.00. For each place of business in each county with a population of from 5,000 to 15,000, $50.00. For each place of business in each county with a population of less than 5,000, $25.00.
87th. Pawnbrokers. rpon each person, firm or corporation carrying on the business of pawnbrokers, for each place of business in this State, $200.00.

L R'-)-)

.JoeRXAL OF THE SE~ATE

If any pawi1broker shall sPll, or offer for sale, or expose in his place of business any pistol, pistol or rifle cartridge, dirk, bo"ie knife or metal knucks, whether sold as unredeeme<l pledges or otherwisP, he shall also be held subject to an<l requirell to pay the license tax required of thE' <kalPrs in such articles by paragraph 93 of this sPdion of this Act.

88th. Photographers. rpon (YPr~- flagTH'lTCau, ambrotype, photographic and similar artists cm-r~- ing on the business of making pictur0s, seeuring negatives for picturE's to lw mad<' elsPwlwrP than in the county of his bona fi<l0 resi<l0nee, $10.00. l''or each county other than the count~- of his resi<lPnce in which he may carry on such business, $3.00.

The following paragraph was taken up:
89th. Peddlers. Upon <>nry peddler or traYeling vendor of any patent or proprietar~' medicinP or remedies, or appliances of any kin<l or spPcial nostrum, or je\Yelry or stationer~-, or drugs, or soap, or of any other kind of nwrchandisP or connnodit~ whatsoeyer (whetlwr lwrPin enumerate<l or not), peddling or selling any such goo<ls or articles, or other merchandise in each county "here the same or any of them are peddletl, sold or offpretl for sal0, $50.00.

(b) Upon e,ery ped<llPr of stoYPS or ranges for cooking purposes, or clocks, or albums or picturP frames, for each county wlwrPin he may sell or off0r for sale either of said articles, $~00.00.

(c) Upon any traveling nndor of an~ pat<>nt churn, or patt'nte<l fencP, or patPntl<l agricultural

. SATURDAY, ~\TGC8T 6, 1921.

823

implements or tools, or other patented articles, for each count~ in which he may sell or offer to sell either of the enunwratP<l articles, $25.00.
(<l) rpon CYery tranling YPlldor using boats, barges or other water crafts for the purposp pf selling goods of any kind, not prohibited b~ law, on the rivers or waters within the limits of this State, for each county where lw may sell such wares, goods or merchandise, $50.00.
The tax shall be a lien upon the boat, barge or other water craft, and its contents, without regard to the 0\Ynership thereof.
The Committ<'<' offPr<'d the following anteutlment:
.Amen<ls Paragraph 89-B, of Sf'ction 2, by striking the figures '' $200.00'' in the last line of said paragraph, and substituting therPfor the figures "$25.00."
The following paragraph was a<loptefl:
90th. Pictures or Picture Frames. Upon every person, finn or corporation who in JWrson or through its agent sells and d<>livers photographs or pictures of any charactPr, or picture fntmPs, whether they make charge for such frames or not, in each county in which this business is <lmw, $15.00. Provided, this shall not apply to regular merchants dealing in such goods at their usual place of business.
The following paragraph was taken up:
91st. Monument Dealers. 1Tpon each person, firm or corporation selling an<l Precting monuments or tombstones, the sum of ten dollars in <>ach county they shall do or offer to do business.

824

J OURXAL 0}' THE SEXATE

The Committee offered the following amendment:
.:\mend Paragraph 91 by striking all of said paragraph and substituting in lit>u tlwrPof the following:
'' 91. . Monument Dealers. Upon each firm or corporation selling monuments or tombstones, the smn of $10.00 in each county in which the~' shall do business.''
The amendment was adopted.
The paragraph was a<loptetl as amemled.
The following paragraphs were adopted:
9:!ntl. Moving Pictures antl Vautleville PerformHllC('S. "Cpon each and every electric show or exhibition of moving pictures, or illustrated songs, except where given for educational purposes, and upon each place where vaudeville performance is given, whether with or without electric shows or moving pictures, for each place of business in towns of less than 2,000 inhabitants, $2.50 per month; in cities from 2,000 to 5,000 inhabitants, $:3.75 per month; in cities from 5,000 to 10,000 inhabitants, $6.25 per month; in cities from 10,000 to :!5,000 inhabitants, $9.50 per month; in cities of over 25,000 inhabitants, $1:2.50 per month.
93rcl. Pistols. Upon each and every dealer in pistols or in toy pistols which shoot cartridges, or who deal in pistol cartridges, or rifle cartridges, dirks, bowie knives, or metal knucks, for each place of business in this State, in towns or cities of 10,000 or less, $35.00; in cities of owr 10,000, $50.00. Pro-

SATL"RDAY, Arau::;T 6, 1921.

8:25

vided, further, that no Confederate veteran, incligent person or any finn or corporation shall be exempt from this section.
The following paragraph was taken up:
9-ith. Professions. Fpon each and every practitioner of law, medicine, osteopathy, chiropractic, dentistry, and upon each and every veterinary surgeon, optician, masseur, public accountant, adjuster of fire losses, or embalmer, charging for their services as such, $15.00, and no municipal corporation or county authority shall levy or collect an aclditional tax on the professions, businesses, or occupations enumerat0d in said sulHlivision 94 of Section ~ of said Act, either as license, special tax, fee or otherwise.
(h) Upon every civil, nwchanical, hydro-static or electrical engineer, or architect, who may reside in this State, the sum of $15.00. Provi<led, that this tax shall not be clC'mmHle<l of persons serving in any branch of the armi0s of th0 "United States or an:v branch of tlw nav~ of the rnitC'<l States during the continuanc0 of tlw present "ar in "hich the F nited Stat0s is now engaged.
The following amendm0nt was offered:

AMENDMENT NO. 27.
Amends Paragraph 94-B, Section 2, by beginning at the word ''Provided'' in the second line of said paragraph, all<l striking the remainder of said paragraph.

8:!0

Jo"LRXAL OF THE SEXATE

The amendment was adopted.
The paragraph as amen<le<l wa::,; a<loptcd.
The following paragraphs \H'n' <Hlopte<l:
95th. Safes an<l Vaults. rpon all ag-Pnts or agencies selling safes or vaults, or vault doors, or other vault fixtures, $100.00.
96th. Sanatoriums. Upon hospitals awl sanatoriums or institutions of likP character, whether incorporated or not, conducted for gain in cities of more than 20,000 population, $100.00. In citi0s or towns of less than 20,000 population, or wh<>n locate<l outsi<le of a city or town, $25.00. ProvidPd the ahon tax shall not appl~r to public hospitals maintaine<l by municipal corporations for rharitahl<' purposes
onl~.
The following paragraph was taken up:
97th. Soda l~'ountnins. Fpon each person, firm or corporation running or operating soda fountains in this State, having one draught arm or similar device used in drmving carbonated wat0r, $5.00.
The following amendnwnt \Yas off<>rNl:

AMENDMENT 2L\.
Senate mo\es to amend Section 2, Parag-raph 97, by striking the figures $5.00 and inserting in li<>u thereof $10.00, and by aclding to said Section the following words, "and for each additional arm or device, $5.00. ''
The amendment was adopt('(l.
ThP paragraph was adoptP<l as anwil<le<l.

S.-1.TL"RDAY, ..A eG esT 6, 1921.

827

The follmYing paragraph was taken up:
98th. Be it further enacted, that after December 31, 1921, there shall be leYiecl on all 1wrsons and companies cmT~ing on, in this State, the business of manufacturing or selling b~ wholesale, or distributing from any depot, car, or warehouse or agency, any carbonated waters, or syrups, or other articles to be used in carbonate<l watPr or intended to be fixed with or blPn<le<l with carhonatP<l water or to he sol<1 as soft <1rinks (not incln<ling imitations of beer, wine, whiskey, or other intoxicating liquors), an occupation tax for the privilege of carrying on said business at the en<l of each quartPr an amount equal to one-fourth of one 1wr cent on the gross receipts from said business in this State for saicl quarter.
\Vithin three days from the end of each quarter of the calendar year each person or company engagPd in sai<l kill<1s of busimss shall make returns uiH1er oath to the Comptroller-General of this State, showing the amount of said gross receipts with a <1etailed statenwnt of the partiPs from whom said receipts are received.
In case of a corporation the returns shall be made on oath by the presi<lPnt, if a resident of this State, and if the president is not such resi<1ent, by the officer or person in charge of the businPss of said corporation in this State.
Upon failure of any person required by this section to make such returns within ten clays after the expiration of such quarter he shall be guilty of a misdemeanor, and shall be liable to indictment and

828

.JouRXAL OF THE SEXATE

be punished as no\\' proYiclecl in cases of misdemeanor. L pon the making of such returns, the company or person liable to saitl tax shall pay the same to the Comptroller-General, and upon failure to pay the same, the Comptroller-General shall issue an execution for said tax against the prorwrty of the person or company liable to said tax.
If no returns be made, or if the ComptrollerGeneral belieYes sail retums are falsP, the Comptroller-General shall ascertain the amount of said gross receipts from the best information in his power and assess the tax accordingly, after giYing the company or person liable to said tax at least five clays' notice of the time of assessing said tax and issue his execution accordingly against the person or corporation carrying on said business. Auy person, company or agent carrying on any kind of business specified in this section, after failure to pay the tax herein leYiecl for any preceding quarter during which he or it was liable to tax shall be guilty of a misdemeanor.
It is hereby enacte<l that all said taxes recein~d or collected under this section shall be pai<l into the State Treasury. It is also enacted that any person or company paying the tax herein le,ie<l shall be relieve~l of any and all occupation tax or license fees to the State Ull(ler existing laws on or for the kind of business specified in this section.
The Committee offere<l the following amendment:
This amendment \vas adopted by the Committee in lieu of Paragraph 29, Section 2, and as amendment to Paragraph 98, of Section 2.

SATrRDAY, .A PGl~sT 6, 1921.

829

The Committee mon's to ame11<l b~ striking Paragraph 29 arHl by striking from Paragraph 98 the words "one-fourth of one per ct>nt.," and inserting in lieu thereof the words ''one-half of one per cent.,'' and by inserting~ aftt>r the word ''wholesale'' the words "or retail," and by adding at the end of said paragraph tlw wonls: '' ProYi<le<l, howeYer, that said tax shall be collectNl upon sni<l syrup or carbonated water only one<>, and shall be pai<l by the wholesale <l<>aler in saicl Ryrup if Holtl within tlw confines of this Stat<' by such wholesale dealrr; an<l if saitl syrup or carhonatNl watt>r shall be purchased by the rdail dPalN without the limits of this Statr and shall be shipped to a point within the limits of this State the samP shall be taxPd in the hands of such retail dealer, and for the purpos<'s of this tax the price paid for such syrup or carhonatPd watrr shall (letenuine tlw receipts for the same.''
The anwiHlment was atlopte<l.
The paragraph was a<loptP<l as anwmled.
The following paragraph was taken up:
99th. Upon eYPr~ person, finn or corporation operating a hotPl, a tax of one dollar ($1.00) per annum for each slP:>ping room.
Tlw Conm1ittPe off<'retl the following amen<lnwnt:

Al\HJNDMENT NO. 2~l.
Amends Paragraph 99, Section 2, h~T striking the words ''One tlollar 1wr annum for Pach sleeping room" in the second line of sai<l parHgraph and. substituting in li<>u therpof the following: "In cities

830

JOUB'S'AI... OF THE SEYATE

of over 30,000, $1.00 for each sleeping room per annum, and in cities and towns less t_han 30,000, 50c for each sleeping room per annum.''
The amendment was adopted.
The paragraph was adopted as amended.
Mr. Hollingsworth moved that the Senate do now adjoum and the motion prevailed.
The President announced the Senat<~ atl,journed until Monday morning nt 10 n'clock.

MoxDAY, Aeoe::;T 8, 19~1.

831

SENATE CHAMBER, .ATLANTA, GA.
August 8th, 1921.
The SPnate met pursuant to atljournmcnt at 10 o'clock A. M. and was called to order by the President.
Prayer was offeretl by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Mills, Vic<>-Chairman of the Committee on Journals, reported that the Joumal of Satunlay's proc<>edings had be<n examine<l and found to he correct.
Mr. Nix gan notice that at the proper time he wouhl move to rcconsicler evN-y section and paragraph of House Bill 363.
B~r unanimous consent tlw rea1ling of the journal of Saturday's proceedings was dispensed with.
Mr. \Valker asked unanimous consent that the following bills be withdrawn from the Committee on Appropriations and :B.,inanc<', r0a(l the :2ntl time and recommitted to the Committ<>e on Appropriations and Finance and. the consent was granted.
By DuBose of Clarke and Culpepper of Fayette-
A bill to make appropriations for expeuses of tlw departments and public institutions of the State.

J Ol:RXAL OF THE SEKATE
By Mr. Culpepper of Fayette-
.-\ bill to authorize the Governor to issue homls for ntiring part of public debt.
By Mr. Brantley of Pierce-
A bill to cnate the Oeorgia Children's Code Comnnsswn.
By unanimous cons<'nt House Bill :~4 was with<lrawn from th<? Committet> on General .Ju<liciar~ No. 1, re~Hl the spcontl time antl reeonnnittP<l to Committee on GPneral ,Judiciary Ko. 1.
Tlw following bill was takPn up for the purpost> of concurring in the House anwnclmcnt:
By Mr. Pope of 44th-
A bill to anwnd Act creating Borml of Roa<ls .anll ReYenues for \Yare County.
The HousP offend tlw following amcn<lnwnt:
"~\nwll<l Rection onP (1) h~ <t<1<ling tlwrPto tlu following: 'Ji_jxc<'pt, saitl hoanl ma~, in its <liscntion, allow nasonablC' comp<Hsation for work dmw Ht timP setTed by sai<l section o,erseers over and above time require<l of them as being subject to roa<l duty.' "
The Senate concurred in tlw amendment.
Mr. David, Chairman of the CommittPP oll w'". &
A. R. R., submitted the following report:

MoxDAY, AliGUST 8, 19:21.
ll'lr. President: Your Committee on ,Y. & A. R. R. has had under
consideration the following resolution of the Senate and instructed me, as their Chairman, to report the same back to the Senate, with the recom~endation that the same do pass to wit:
A resolution to direct lessees of ,V. & A. R. R. tc erect new depots in certain cities.
DAviD, Chairman.
Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report :
Mr. President:
Your Committee on Counties and County :Matter!'! has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass to wit:
House Bill 540.
House Bill 544.
House Bill 546.
Respectfully submitted, vVILL RICHARDS, Chairman.
Mr. Golucke, Chairman of the CommittPe on Sp('cial .Judiciary, submitte(l the following report:

834

JouRXAL OF THE SExATE

111r. President:

Your Committee ou Special ,Judici~u~' has hacl under consideration tlw following bills of the House ancl Senate and instructe(l me, as their Chairman, to report. the same back to the SPnate, with the recommen(lation that the sam{' do p:1ss to wit:

House Bill 106.

House Bill 4-96.

House Bill 543.

SPnate Bill 162.

GoLUCKE, Chairman.

Mr. Childs, Chairman of the Commiti<'e on Educntion, submitted the following rq>Ort:

Mr. PrPsident:
Your Committee on ID<lucation has had UIHlPr consideration the following hills of the House and instructed nw, as tlwir Chairman, to report the same back to the Sen:lt<', with tlw recomnw]}(lation that the same do pass to wit:
House Bill 53~).
Respectfully submittc(l,
CHILDs, Chairman.

Mr. Richards, Chairman of the Committee on Counties and County Matters submitte<l the following report:

MoNDAY, AuousT 8, 1921.

835

JJf r. President:

Your Committee on Counties and County Matters has had under consi(leration the following resolution of the House an(l instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass to wit:

House Resolution 84.

RrcHARns, Chairman.

Mr. Bond, Chairman of the Committee on Temperance, submitted th< follo"ing report:

1l1r; Pres-ident:
Your Committee on Temperance has had uwler consideration the following bill of the House awl instructed me, as their Chairman, to report the sanw back to the Senate, with tlw recommen<lation thnt the same do pass to wit:
House Bill ~64.
Senate Bill 141 do not pass.
Respectfully submitted,
C. N. BoND, Chairman.

Mr. Palmour, Chairman of the Committee on

Privileges of the Floor, submitted the following n-

port:



Mr. President:
Your Committee on Privileges of the Floor hns had under consideration the following resolutions

JouRxAL oF THE SEXATE
of the Senate and instructed me, as their Chairman: to report the same back to the Senate, with the recommendation that the same do pass to wit:
ResolYed, the privileges of the floor be extended Mrs. \V. H. Felton for the remainder of the session.
Resolved, that privileges of the floor be extended Mrs. C. N. Bond, Mr. a11<l Mrs. E. L. Boncl of Bowman, Ga.
The report of the Committ<e was adopted.
The following bills and resolutions, f<H'orably reported, were read the second time:
By Messrs. Beck and Smith of Carroll. A bill to amend an Act fixing tht rate of taxation for public school purposes.
By Messrs. Boatwright and Brown of EmanuelA bill to change the terms of the City Court of
Swainsboro.
By Mr. DavidA resolution to direct lessees of \V. & A. R. R to
erect new depots in certain cities.
By Mr. Miles and Mr. Brown of CandlerA resolution to authorize the Board of Roads and
Revenues of the County of Candler to contract for the completion of a court house for sai(l County.

<MmmAY, Auo"C":;T 8, 1921.

807

By Messrs. Howard and EYans of ScreYen-
A bill to amend an Act to establish the City Court of Sylvania, in and for the County of Screven.

By 1\fr. Beckham of Doughert~'-
A bill to require all officers of this State in seizing intoxicating beverages to make an inventory of the same.

By Mr. Parks of Terrell-
A bill to amend Act creating Board of Commissioners of Roads and Revenues for Terrell County.

By Mr. Logan of Banks-
A bill to abolish Act entitle<l Banks Commutation Road Tax.

By Mr. King of Jefferson-
A bill to fix the compensation for members of Board of Roads and Revenues of .JC'fferson.

Mr. President:
The House has passed by tlw requisitP constitutional majority the following bills of the Senate to wit:
A bill to amend the charter of the town of Omaha.
A bill to amend the charter of the town of Glenwood.

838

JouRNAL oF THE SENATE

Mr. President:
The House has passed by the nfJuisite constitutional majority the following- bill to wit:
.A bill to appropriah sums to the Georgia Training School for Mental Defectins.

i.l!r. President:
The House has ap;reP<l to the SPnate amPIHhuent to House Bill No. 190-C.
The House has agret>d to the Senatl' ameiHlment to House Bill No. 56.
Mr. Clay asked unanimous consent that the session he extended to one-thirty P. M. and adjourn to reconvene at three-thirty, ancl tht> consent was granted.
Under the head of unfinishP<l business the following bill was taken up for consideration:

By Messrs. DuBose of Clarke mHl CulpPpper of Fayette-
A bill to levy a tax on real and personal property.
The Senate on Saturday having disposed "ith all
paragraphs of Section 2, through paragraph ml,
paragraph 100 was taken up for consideration.
The following paragraph was taken up:
lOOth. Cafe and Restaurants. Fpon every person, firm or corporation operating any cafe, restaurant, lunch room, or eating place for serving the general transient public for hire, in cities with a

1\foxDAY, ArousT 8, 1921.

839

population of 5,000 or under, $5.00. In cities with population of 25,000 and not less than 10,000, $30.00. In cities with population of 50,000 and not less than 25,000, $50.00. In cities with population of 75,000 and not less than 50,000, $75.00. In all cities with population over 75,000, $100.00. Provicled, that a lunch stand or room with a seating capacity of not over 25 shall be taxe<l $15.00, and with a seating capacity of not owr 50, $25.00.
The following amendnwnts were offerc<l:

AMENDMENT NO. 29-A.
Amend paragraph 100 of Section 2 by striking all the words after the wonl ''provided.''

AMENDMENT NO. 29-D.
Amend paragraph 100 by inserting after the :figures $5.00 a new sentence as follows: "In cities of over 5,000 and less than 10,000, $15.00. ''
The amendments were adopted.
The paragraph was adopted as amended.
The following paragraphs were adopted:
lOhit. Street Carnivals. Upon every midway combination of small shows, or street fair or street carnival, the snm of $25.00 each week or fractional part thereof, for each separate tent enclosure, or place where an admission fee is charged or collected, either directly or indirectly, to w-itness or hear any performance, or \vhere anything may be exhibited for admission or ticket; and upon ev<'ry merry-goround or flying horse, accompanying any midway

840

.JouRXAL OF THE SENATE

combination, street fair or street carniYal in each city or town in this State in which it does business, or in each county where they may operate outside the limits of any city or town in this StatP, $~5.00. Provided, that should the said midway combination, or any of them specified above, be held in connection with County District, State Agricultural l<.,airs of this State and under the direction of aml within the gTounds at the time of holding said fairs, the whole amount of tax for said attraction when so lwld shall be twenty-fi,e dollars per week or a fractional part thereof.
102ml. Tank and Pumping Station. rpon each person, firm or corporation selling or dealing in tanks and pumps, or tanks or pumps for oil, gasoline or kerosene or other like fluids, $50.00.
103rd. Trading Stamps. Upon all tra<ling stamp companies or dealers in, $50.00.
104th. Upon all steamship and steamboat companies in this State, $100.00.
The following paragraph was taken up:
105th. Undertakers. Upon each person, firm or corporation whose business is that of burying the dead and charging for same, in cities of more than 50,000 inhabitants, per annum, $200.00; in cities of from 10,000 to 50,000 inhabitants; per annum, $100.00; in cities of from 5,000 to 10,000 inhabitants, per annum, $50.00; in cities or towns of from 2,500 to 5,000, $20.00; in cities or towns of less than 2,500 inhabitants, $10.00.
The following amendment was offered:

841
A~LKXD~JEXT ::!9-B.
Amend paragraph 105 by inst>rting after the word ''same'' an<l lwfore the word ''in'' the words ''commonl: known a~ undt>rtakers. ''
The amendment \Yas adopte<l.
The paragraph was adopt<><l as amended.
TlH' follm,ing paragraphs \\"Pre a<lopted:
10Gth. \\'arehouses, Cotton. rpon each person, firm or corporation opNating a warehouse or yard for tlw storag<> awl handling of cotton for compensation, lice>nse taxes as follmYs: \\'here not less than 500 nor mon' than i),OOO bales are handle<l in one year, $10.00; where not less than 5,000 nor more than 10,000 bales are hawlle<l in one year, $25.00; where not less than 10,000 nor mort> than :20,000 bales are hancllecl in one year, $50.00; where not less than :20,000 balt>s nor mon' than :W,OOO bales are handled in one year, $100.00; whPre more than :10,000 bales are handled in one :ear, $:200.00.
107th. "'arehouses, Merchandise, Etc. Upon each person, finn or corporation operating a warehouse or :anl for storage of goods, wares or merchandise an<l farm }WO<lucts other than cotton and charging for the same, $:25.00. Prmide<l, that any wardwuse that pays taxes as proYided by Paragraph 106 of this section shall not be subject to ta'\ requind by this paragraph.
108th. \Vaterworks. lTpon each person, firm or corporation dealing in as manufacturPrs of or agents for, any waterworks system, whether the power operatillg sanw is <1<>rin'<1 from a windmill, hydraulic,

84:2

JouR)l"AL OF THE SENATE

gas or similar engine or electrical apparatus, in each county wherein such business is carried on, the sum of $100.00.
109th. "Cpon each person, finn or corporation Pngagetl in the business of packing or shipping o~s ters, shrimp or fish, $50.00.
The following paragraph was takPn up:
11 Oth. Patent Rights. "Cpon Pach pen-;on, firm or corporation selling patPllt rights in G(orgia, tlw sum of $50.00.
The following amendment was offered:

Amend paragraph 110 by <Hlding the wonli:i "for each county in which saicl business is carriP<l on."
The amendment was adopted.
The paragraph was adophcl as anwncletl.
The following paragraphs were adopted:
11 1th. Reporting Agencies, Commercial. Upon each person, firm or corporation engaged in the business of a commercial rpporting agency in ever~ county in the State ''"here tlw) have an office or branch office, $125.00.
11 2th. Vpon each person, firm or corporation engaged in the business of a stevedore, the sum of o1w hundred ($100.00) dollars for each place of business.
llBth. Upon each person, firm, partnership or corporation buying salary or wagP accounts ancl nPgotiable papers, $100.00 for each count).

MoxDAY, At:"GD>T 8, 19:!1.

R43

The following paragraph was taken up:
114th. Carbonic Acid Gas. Each person, firm or corporation engaged in the business of manufacturing or wn<ling soft <lrinks lll<Hle of or containing carbonic acid gas or any substitute therefor shall pay as a privilege license to carry on such business four cents on each pomlCl of carbonic acid gas, or any substitute therefor so used; provided, that bottled clrinks on which this license shall have been paid may be resold in original packages without the payment of any further license under this schedule. Each person, firm or corporation engaged in such business shall keep accurate books and invoices showing the quality of carbonic acid gas or any substitute ther<'for used in such business, and such other information relating to the business as may be required by the Comptroller General to enable the State tax officials to check up the returns herein required. At the end of each calendar quarterly period, every person, firm or corporation engaged in ~uch business shall make a report to the Comptroller General on blanks to be furnished by the Comptroller General showing the amount of carbonic aci<l gas or other substitute therefor, consumed during the preceding quarter an<l such other information as the Comptroller General may require, verified by affi<lavit, and shall with such report remit the license herein provided for each pound of carbonic acid gas or other substitute therefor consumed as shown by the report, and such remittance shall be paid into the State Treasury. If such report and remittance is not made within fifteen days after the end of the calendar quarter, there shall be added to the sum

844

.TocRXAL oF THE SExATE

dtw for such license for the prec<><ling quarter t<>n per cent. ad<litional licPllS('. The tax officials of the ~tate shall have authority to Pxamiue the books and papers of any one engaged in such business for the purpose of asc<>rtaini11g tlw correchwss of all reports and remittances. Anr person wilfull~' failing or nfusing to make the l'('ports cn11l remittances her<>in require<l shall be guilty of a misdeiueanor, aml an~ person wilfully making a false affidavit as to an~ report herein rPquire<l shall he guilt~ of perjun.
The Committ<>e o:ffer<>d tlH" following amcndnwnt:
Amends Paragraph 114, of Section 2, hy striking the words "four cents" in the fourth lin<' of sai<1 paragraph, and substituting in lieu thereof tlw words "three cents."
The amendment was adopted.
The paragraph was adoptPd as amen<le<l.
The follo\ving paragraphs were adopted:
1l5th. Upon all persons or corporationH operating ferries or toll bridges, $:25.00 each. Tax to })(' paid to the collector of county in which tlw ow1wr lives. Provided, that this tax shall not he requir<><l of any ferry or toll bridge tlw receipts from which do not amount to $500.00 per annum.
116th. l~pon each beauty parlor or shop, hair dressing parlor, chiropodist or manicure shop, $10.00 per year. Provided, that this tax shall not appl~ to manicure shops operating in connection with barber shops.
The following paragraph was taken up:

MoxDAY, A"LG"LST 8, 19~1.

845

117th. upon each Grand Opera Producing Compan~ filling contracts in this State, $1,000 in cities of 100,000 or less population, or $2,500 in cities of more than 100,000 population for each of such contracts.
The Committee offeretl tlw following anwndment:
Committee moYes to amend hy striking Paragraph 117 ancl inserting the following:
''Shows, exhibitions, concerts, chautauquas, YaudeYille performances, theatres, circuses, side shmYs, musicales, operas, moYing pictures, etc.
''Upon each aml e\ery ticket or atlmission to any and all shows, exhibitions, concerts, chautauquas, nuuleYille perfonnancl'S, theatres, circuses, side shows musicall's moYin o })icture shows oper.as and all oth' er similar ' amusl'm/:::I ents and enttr' tainments a tax of fiye per c<nt. of the price of said ticket or admission and "lwn this percentage is in fractions tlw tax shall lw tlw next whole number aboYe said fractional sum or amount.
''Be it further enacted, That it shall b< the clut~' of the owner or m<mager of an~ and all such places of amuspment to kt>Pp accuratP books and records showing in <letail all sales of tickets, giYing elates of such sales, and pric<>s and numbers of tickets sold on each elate, such r<>corcls to be open to tlw inspection of all officers authorized b~- the State Tax Commissioner to makP such inspections and it shall likewise be the duty of such owner or manager to collect said taxes and keep same separate as a trust fund for the State. Reports of such collections shall be furnished "eekl~- to the office of State Tax Commis-

8-!G

J OURX AL OF THE SE~ATE

sion and payments thereof shall he nuH1c \nekl~, to such officer as may be authorized h~' Stah Tax Commissioner to collect same. The State Tax Commissioner is directed aiHl authorize<} to put thc> provisions of this section into opPration h~, such administratiYe machinery as he may detPrmine upon, supplying forms, administrative orders aiH1 full machinery for the execution of this section.
"Be it furtlwr enacted that a faihin' to collect thP taxes provided for herein by such O\Ync>rs or managers shall be a misdemeanor and a Yiolation of tlw provisions of this section h~ such manag<>rs or owners, shall be punished as is provi<1e<1 for in Section 1065 of Penal Code of Georgia.
''Be it further enacte<l that a failure to pay over to the State or its designate<} collectillg officers by such managers or owners on <lc>mand shall he larcen~' after trust and punished as is provide<l in Section - - of Penal Code of Georgia.
''Be it further <:>nacted that the YenuP of an~ criminal prosecution arising u11<ler the prO\ision:,; of this section shall he ill tlw count~ wlwrP said tax is coll<:>ctecl or shoul<l have been collected.''
l\'Ir. \Yall offered the following amendment:

Wall of 5th-
Amend the Committee anwndnwnt by striking all provisions thereof antl substituting: ''On all Grand Opera Producing Companies filling contracts in this State, $400.00 in cities of ]00,000 or less population, or $] ,000 in cities of more than 10,000 population.''

Moxn.n, A eaesT 8, 19:21.

847

Mr. Jones of 37th called for the ayes and na~s on \Vall amendment and the call was sustained.

The roll call was onlPred awl the Yote was as follows:

Those Yoting- in the affinnatiYe were Messrs.:

Akin, L. R. Fleming, Denis Fleming, W. 0. Golucke, Alvin G. Hutchins, H. C.

.Jones, .John H. Kimzey, Sam Manson, Frank C. Rountree, .J. L. Snow, Russell E.

Taylor, Geo. W. Wall, Dan \Vohlwender, Ed

Those Yoting- in tlw neg-atiYe were Messrs. :

Bellah, .J. M. Bond, Chas. N. Boykin, .James H. Childs, E. W. Collum, .J. M. Cone, Howell David, A. B. Ellis, R. C. Foy, .John E. Haralson, Pat Hollingsworth, .J. C.

Holmes, R. H. Hunt, T. M. .Jackson, .J. B. .Johns, G. A. .Jones, 0. K. )1ills, .J. H. Nix, 0. A. Palmour, .J. E. Pope, David F. Richards, Will Ridley, Dr. C. L.

Sheffield, R. H. Stovall, E. B. Tarpley, R. 0 . Thomas, .James R . Thorpe, E. M. Walker, B. F. ViTeaver, .J. D. Williams, Wiley Womble, M. D.

Those not Yoting were Messrs. :

Brown, L. C. Campbell, R. W. Colson, D. C.

Davison, .J. E. Lassiter, W. H. Peacock, C. H.

}1r. President

Ayes 13, Kays 31.

The amendment was lost.

Mr. Fleming of tlw 8th offere(l the following amendment:

Amendment by Mr. Fleming of tlw 8th-
By adding to the anwndment, ''That all shows, exhibitions or entertainments of like character

848

.TOURX AL OF THE SEX ATE

charging a fep for pufrance giYen h~, the .American Legion or any organization of sol<liPrs of the \Yoriel \Var, the tax of 5 per cent. shall not apply."
Mr. Fleming of lOth calle<l for tht> ayes awl na~'S and the call was sustained.

The roll call was onlere<l awl tlw Yot<> was as follows:

Those yoting in the affirmatiYe WPn' :Messrs.:

Akin, L. R Cone, Howell David, A. B. Fleming, Denis

Fleming, W. 0. Hutchins, H. C. Jackson, J. B. Jones, John H.

:\1anson, Frank C. Snow, Russell E. Wall, Dan

Those voting in the negatiYe were Messrs.:

Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. M. Davison, J. E. Ellis, R C. Hollingsworth, J. C. Hunt, T. :\1.

Johns, G. A. Jones, 0. K. Kimzey, Sam :Hills, .J. H. Nix, 0. A. Palmour, J. E. Richards, Will Ridley, Dr. C. L. Stovall, E. B. Ta:rpley, R 0.

Taylor, Geo. vV.
Thomas, James R Thorpe, E. :VI. Walker, B. F. Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M.D.

Those not voting were Messrs. :

Campbell, R. W. Colson, D. C. Foy, John E. Golucl,e, Alvin G.

Haralson, Pat Holmes, R H. Lassiter, W. H. Peacock, C. H.

Pope, David F. Rountree, .J. L. Sheffield, R H. :\!fr. President

Ayes 11, Nays 28.

The amendment was lost.

Mr. Nix offere<l the follmving amen<1ment:
Amend thE' CommittPe anwndm(llt No. :n, to Para-
. graph 117, of printed bill on page 27, by inserting

.MoxDAY, .A-carsT 8, H)~l.

84!)

afte'r the word ''shows'' in the second fine and before the word." musicales" in the third lin<>, the following words, to wit: ''Baseball games, boxing matches, prize fights, athletic contests, and all similar games and contests; provided, that the tax on baseball games, boxing matches, athletic contests and similar games and contests shall appl~ only to professional games and contests.''
The amendment was adopted.

On the passage of the Committee amendment Mr. Thomas called for the a~es an<l mt~'S and the call was sustained.

The roll call was ordere<l and the xote was as follows:

Those voting in the affirmatin wen Messrs.:

Bellah, J. M.

Holmes, R. H.

Bond, Chas. N.

Hunt, T. M.

Boykin, James H. Jackson, J. B.

Childs, E. W.

Johns, G. A.

Cone, Howell

Jones, 0. K.

Ellis, R. C.

Nix, 0. A.

Foy, John E.

Palmour, J. E.

Golucke, Alvin G. Pope, David F.

Haralson, Pat

Richards, Will

Hollingsworth, J. C. Ridley, Dr. C. L.

Sheftleld, R. H. Stovall, E. B. TarJ}ley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. 'Veaver, J. D. Williams, Wiley Womble, M. D.

Those voting in the negative were Messrs.:

Akin, L. R. Collum, J. M. David, A. B. Fleming, Denis Fleming, W. 0.

Hutchins, H. C. Jones, John H. Kimzey, Sam Manson, Frank C. Mills, J. H.

Snow, Russell E. Wall, Dan 'Vohlwender, Ed

850

J ouRxAL OF THE SExATE

Those not voting were Messrs. :

Brown, L. C. Campbell, R. W. Colson, D. C.

Davison, J. E. Lassiter, W. H. Peacock, C. H.

Rountree, J. L. Mr. President

Ayes 30, Nays 13.

The amendment was adopte<L The parag-raph was adopted as amended. The following paragraph was takPn up:

llSth. Upon each and ever~T person, firm or corporation operating a swimming pool wlwre admission fees are charged or upon persons, firms or corpocations keeping and renting bathing suits for hire, $20.00 per annum in counties of over 50,000 population and $10:00 per annum in counties of under
50,000; provided, that this section shall not apply to
swimming pools operate<l by munieipalitit'S.

The Committee offere<l the following amendment:

AMENDMJtJNT NO. 32.
Senate moves to amend Section 2, Paragraph 118, by adding the following words at the ell(l thereof: ''Churches, schools and all fraternal, educational or charitable organizations.''
The amendment was adopted.
The paragraph was adopted as amended.
The section was adopted.
The following Sections were read : Section 3. Dogs. ~\ll dogs are hereby made personal property and shall be given in and taxed as

MoxDAY, AeGl;HT 8, 19:!1.

851

other property of this State is giYen in alHl taxed. Such tax to be enforce<l by leYy and sales as other taxes are collecte<l an<l not to interfere with the imposition awl collection of any municipal taxes on dogs, whether such <log or dogs be owned by the taxpayer, his wife or minor children.
Section 4. Sewing Machines. r pon ever~' sewing machine company selling or dealing in sewing machines by itself, or its agents in this State, and all wholesale and retail dealers in sewing machines, selling machines manufactured by companies that have not paid the tax herein, shall pay four hundred dollars for each fiscal year or fraction thereof, to be paid to the Comptroller General at the time of commencement of business, and said companies or dealers shall furnish the Comptroller G<>neral with a list of agents authorized to sell machines of their manufacture, or under their control an<l shall pay to said Comptroller General the sum of ten dollars for each of said agents for the fiscal year or fractional part thereof, for each county in which said agents do business for said compan~. rpon the payment of said additional sum the Comptroller General shall issue to each of said agents a certificate of authority to transact business in this State. Before doing business under this Act, all sewing machine agents shall be required to register their names with the Ordinaries of those counties in which they intend to operate and exhibit to said Ordinaries their license from the Comptroller General and to keep ~;;uch license posted on their vehicles or at their place of business. Wbolesale or retail dealers in sewing machi-nes shall be required to pay the tax provided

J OURX AL 01<' THE SEX ATE
herein for each manufacturer of sewing machinPs sol<l by them, except the manufacturer of such companies as haYe the tax requind by this ~\ct. All unsol<l sewing machines belonging to sewing machi1w companies, dealers or their agents, in possession of said companies, dealers, their agents or others, Hhall be liable to seizure and sale for payment of such fees, license or tax. Any person who shall Yiolate the provisions of this section shall be liablP to inllictment for a misdemeanor, and on conYiction shall be punished as prescribed in Section 1065, Yolume 2 of the Code of 1910. None of the provisions of this section shall apply to license<l auctioneers selling second-hand sewing machines, or to officers of tlw la'v under legal process or to merchants buying ancl selling machines on which a license tax has be<>n paid as herein provided and who keep the machines and sell and deliver them at their places of business, such sales not being on commission. Provi<le<l, that if saitl merchant shall employ an agent or agents to deliYer or sell the machines, the proYision of the section shall apply to said agent or agents.
Section 5. Taxes; How Returned. Be it further enacted by the authority aforesaid, That the tax pro,id<<l for in Section 4 requires return made to the Comptroller General as under old law, an<l Paragraphs 85 and 94 of Section 2 of this Act shall bE:' returned to the receiver of tax rf'turns in tlw county of the residence of the person liable to such tax and shall by the receiver be enterecl upon the digest of taxable property. All the other taxes enumerated and set forth in Section 2 of this Act shall be re.. turned and paid to the tax collector where such Yoca-

MoxDAY, A1:arsT 8, 1921.

853

tions are carried on, and paicl in advance, e>xcept the occupation tax on agents of foreign corporations taxed in Paragraph 50, Section 2, \\hich must be paid to the Comptroller General. The tax r~quireLl in Paragraph 71 of Section 2 shall be paid to the Secretary of State when each person registers mHl he shall not be allowe<l to regist('r until such tax is paid.
Section 6. Taxes; Hm, Pai<l. Be it further enacted by authority aforesai<l, That the taxe>s pro-" vicled for in this Act shall be paid in full for tlw fiscal years for which they are leviC>d, to the Tax Collectors of the counties where such vocations are carried on at the time of commencing to do business, except such as are by this Act made payable to the Comptroller General. Before any person shall be authorized to open up or carry on said business, they shall go before the Ordinary of the county in which they propose to do businrss and register thrir names, the business they propose to engage in, the place where it is to be conducted ancl they shall then proceed to pay their tax to the collector and it shall be the duty of the said Ordinary to immediately notify the Tax Collector of such registration aml at the end of each quarter to furnish the Comptroller General with a report of such special tax registration in his office.
Any person failing to register with the Onlinary or having registered fails to pay the special tax as herein required, shall be liable to indictment for misdemeanor and on conviction shall be fined not less than double tax or be imprisoned as prescribed by Section 1065 of Volume 2 of the Code of 1910, or

854

JorRXAL oF THE SEXATE

both, in the discretion of the Court; one-half of such fine shall be applied to the payment of the tax and the other to the fund of fines and forfeitures for the use of the officers of the Court; proYided, however, that in all counties of this Stnte "here the officers of the Superior Court, or City Court, are now or may hereafter be upon the salar~ basis, the other half of the fine shall be paid into the treasury of such counties and shall become the prop<>rt~ of such cotmtiPs.
Section. 7. Insurance Companic>s. Be it furthPr enacted by the authority aforesaid, That all foreign and home insurance companies <loing business in this State shall pay one and one-half per ceut. of all premiums in money or othen\ise rE'ceiYed h~ them, upon the gross receipts of such insurance companiPs on business done in the State for the year. Provided, this shall not inclwle return premiums on cancelled policies.
2nd. That every insurancP compan~ incorporat<d under the laws of this Stat<' an<l doing business on the legal reserve plan, shall be required to return for taxation all of its real estatP as other real estate is returned, and all of the personal property owned by it shall be ascertained in the following manner: From the total \alue of the assets lwld by tlH' company, both real and personal, shall he <le<lucte<l thE' assessed yalues of all real estate owned b~ the company in this State, the non-taxablP fun<ls <lPpositP<l by the company with the State Tnasur~, and the amount of the reserYe or net value of the policies required by law to be held by the company for its policy holders an<l which belong to such policy hold-

Moxn,u:, A"LGL'::>T 8, 1921.

855

ers; the remainder shall be the Yalue of the personal property owned by and taxable against such companies.
3nl. That whenever any insurance company doing business in this State shall make it appear by proof to the Insurance CommissionC'r that one-fourth of the total assets are invested in any or all of the following securities or property to wit: Bonds of this State; or of any County or Municipality of this State; property situated in this State and taxable therein, loans secure<l by liens on real 'state situated in this Statf', or policy loans by insurance policies issued by such company on lives of persons resident of this State, then the 1neq1ium tax levied by the first paragraph of this sf'ction shall be abated or reduced to one per centum upon the gross receipts of such company, and if the amounts so invested by any such company shall be as much as three-fourths of the total assets of such company, the sai<l pr<'mium tax shall be abated or reduced to one-half of one per centum upon such gross rPcPipts of such company.
Section 8. Manufacturing Compani<s. Be it further enacted by thP authoritr aforesaid, That the president, superintE>ndent or agents of all manufacturing and other companies, whether incorporated or not, other than railroad, telegraph, telephone, express, sleeping and palacf' car companies and such other companies as are required to make return of
the value of their franchise to the Comptroller Gen-
eral under the provisions of the Act approved December 17, 1902, entitle<l an Act to provide for and require the paym.ent of taxes on franchises, and to

856

.JOURXAL OF THE SEXATE

provide the method for the rehun and payment of
said taxes, and all persons am1 companies conducting business enterprises of <very nature whatsoever,
shall return for taxation at its true market value all of their real estate to .the tax receinr of the county wherein saicl real estate is located. Provi<led, that if the real estate upon which said manufacturing or other business enterprise of whatsoene'r nature is carried on, lies on or across the county line, or count~- lines, and in two or more counti0s, said real estate shall be returned to the tax receiver of the county wherein are locate<l the main buil<lings containing the machinery, or most of the main buildings. Provicled further, that all persons, compa nies and corporations not excepted abo\e conducting any business enterprise upon realty not taxable in the county in which such persons reside or the office of the company or corporation is located shall return for taxation their stock of merchandise, raw material, machinery, liYe stock and all other personalty employed in the operation of such busines~ enterprises, together with the manufactured goods and all other property of such business <'nterprises and notes an<l accounts nuHle and the money use(l in the prosecution of such business ent<'rpris<'s on han<l at the time and for the estimation of property for taxation including all p<:'rsonalty of whatso<'ver kin<l connected with or used in such enterprises in any manner whatsoever in the count~ in which is taxable the realty wherein such business enterprises are located or carried on. Provi<lecl further, that the agf'nt in this State of any person, firm or corporation resident without this Stat< "ho shall have on hand for sal<:>, storage or otlwrwis<:> as such agents,

merchandise or other property, including money, notes, accounts, bonds, stocks, etc., shall return the same for taxation to the tax receiver of the count~ wherein tlw same may be taxe(l for Stat' and county purposes as other property in this State is taxed. The \Yonl "Merchandise" shall be lwl(l to include guano, commercial fertilizer, save an(l except that all canal and slack-water navigation companies shall make through their rPspective executi...-e officers or stockholders in possession of the same returns to the tax receiver of each county in which the same is located or through which the same shall pass, in whole or in part of the right of wa~', locks and (lams, _toll houses, structures and all othrr real rstate owned by or used by the compan~", or stockholders thereof. Provided, that this Act shall not make subject to taxation any property of canal or na...-igation companies which is not subject to taxation b~ the laws of this State now existing. The president of every manufacturing company in this State, and agent, grneral manager or person in possession or charge of the business or propert~- in this State of an~- nonresident person, firm or corporation shall be require(l to answer un(lf'r oath in <Hl(lition to thosf' pnn-ide<l b~, law, the following questions:
1st. \Yhat is the nomillnl ...-alue or cost of tlw real (state of the comrHm~- ~-ou repres0nt, inclu(liug the buildings thereon?
2nd. V\That is the fair market value thereof?
3n1. \Vhat is the nominal ...-alue or cost of ~'our machinery of enr~- kiiHl?
-1-th. \\That is tlw fair market value thereof~

858

JoL"RXAL OF THE SEXATE

5th. vVhat is the value of the real estate not used in the conduct of the business of your company?
6th. -What is the value of raw material on hall<l on the day fixed for return of propert~ for taxation?
7th. what is the Yalue of manufacturc<l g--oo<ls or articles on hand on tlw day for the return of property for taxation, whether at ~our principal office or in the hands of ag--ents, commission nwrchants or
others~
8th. How much mone~ <li<l ~our comp<m~-- han on hand the day fixed for tlw return of propert~-- for taxation, whether within or without the State? How much deposited in bank?
9th. State separate}~ tlw g--ross nominal YaluP of the notes, bonds all<l other oblig--ations for mone~r or property of every kin<l on han<l on the <la~-- fixed for the return of propert~ for taxation. RtntP sPparately the fair mark<>t Yalue of <>ach of Raid classes of property.
lOth. \Yhat property of <'H'I")' kin<l <li<l )'Our company own on the day fixPd for tlw r<>turn of propert~- for taxation, aiHl what is the fair markPt Yalm thereof? And such companr shall lw taxP<l upon its entire propert~r., so asc<>rtaiiw<l, an<l the Comptrollt>r General is authorized to frame and hme propounder} any other questions which in his ju<lgmPnt will produce a fuller return.
Section 9. Railroads, Return, to \Yhom Made. Be it furth~r enacted by the authorit)' aforesaid, That all railroad companies, Rtreet an<l suburban railroads or sleeping car companies or persons or

1\fOXDXY, .ArGFST 8, 1921.

859

companies operating railroads or street railroads, or suburban railroa<ls or sleeping cars in this StatP, all express companiPs, including railroad companies doing an express, tel0phone or telegraph business, and all telephone and telegraph companies, person or persons doing an exprPss, tPlephone or telegraph business, all gas, "ater, electric light or power, steam, heat, refrigerated air, dockage, or cranage, canal toll road, toll bridge, railroad, equipment and mwigation companies through their president, general manager, or agents having control of the company's affairs in this State, shall be required to make returns of all property of said company located in this State to the Comptroller General, and the laws now of force providing for the taxation of rail. roads in this State shall be applicable to the assessment of taxes from said business as above stated.
2nd. That each non-resident person or company whose sleeping cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroad over which sleeping cars are run and ascertain the entire value of all sleeping cars. of such persons or company, then tax such sleeping cars at the regular tax rate imposed upon the property of this State in the same proportion to the entire -value of such sleeping cars that the length of lines in this State over which such cars are run, bears to the length of lines of all railroads o-ver which such sleeping cars are run. The returns shall be made to the Comptroller General by the president, general agent, agent or person in control of such cars in this State. The Comptroller General shall frame such questions as will elicit the information sought, and

860

.JoPRXAL oF THE SEXATE

answers tlwreto shall lw made uwler oath. If th<' officers abon' refprred to in tlw control of the said sleeping cars shall fail or nfmw to answ<'r under oath the questions propoulHl<><l, the Comptroller General shall obtain the information from such sources as he ma~, awl he shall assess a double tax on such sleeping cars. If tlw taxes her<'in proYi<led for an' not pai<l, tlw ComptrollPr Gen0ral shall issuP Pxecutions against owners of such cars which ma~ be levie<l by thP sheriff of any county of this Stat<' upon thl' sl0eping car or cars of tlw OWll<'l' who has faile<l to pay the taxes.
3nl. Any person or persons, co-partn<rship, company or corporation whenen'r organiz<<l or incorporated, whose principal business is furnishing or leasing any kind of railroad cars except <lining, buffet, chair, parlor, palace or sleeping cars, or in whom tlw legal title of any such cars is nstP<l, but which arP operated or leased, or hin<l to hP opPrate<l on any railroa<l in this State, shall lw <l<><'me<l an equipment company. Enr) such person shall be require<l to make returns to the Comptroll<r General under the same laws of force in referPnce to tlw rolling stock owned b) the railroa<ls making returns in this State, and tlw assessmPnt of taxPs upon such equipment companil's shall be bas<><l upon tlw valuP of the average amount of equipnwut of sai<l company in this Stat<> during the )Par mHl taxi's shall be impose<l and collectPd upon such valu<' at the same rate as other propert~ in this State is taxed and in addition thereto the Comptroller General shall impose and collect at tlw same ratP tax upon the franchise of said equipnwnt companies upon the follow-

MoxnAY, ArausT 8, 1921.

861

ing basis : Ascertain the ,alue of the franchise of said equipment companies under the same rules as the value of franchises of railroads is now ascertained and the proportion of franchise taxable in this State shall be the proportion the car mileage of said equirJmcnt company in this State bears to the entire car mileage of said equipment company and to effectuate the proYisions of this paragraph the Comptroller General may require of such equipment companies such reports as will giYe the necessary information to enable him to ascertain the value of the franchise of such company and such equipment companies shall furnish the Comptroller General such information as he may require, and all the rules and penalties applicable to railroad companies shall be applicable to such equipment companies in the event of failure to comply with the provisions of this section.
Section 10. Railroad Retums and by "Whom Made. Be it further enacted by the authority aforesaid, That the presidents of all railroa:d companies doing business in this State shall make returns to the Comptroller General in the manner provided by law for the taxation of the property or the gross receipts or net incomes of such railroads and shall pay the Comptroller Gen<>ral the tax to which such property or gross receipts or net income may be subjPct according to the provisions of this Act and the laws now of force relating to the tax on railroads, and on failure to make return or refusal to pay tax, said company shall be liable to all the penalties now provided by law, and the Comptroller General is hereby required upon failure of such com-

86::?

.JouRXAL OF THE SEXATE

panies to make rPturns, or if made mHl not satisfactory to said officer, to proceed against such companies as provided in SPct ion 10:>0 of tlw Codt> of 1910, Volume 11.
Section 11. Banks. BP it furtlwr enactP<l by the authority aforesaid, That no tax shall be assesse<l upon the capital of banks or banking m;sociationH, organize<l uH<ler the authority of this Stat<, or of the tTnihd ~Hates, locatPd within this ~HatP, hut tlw shan's of the stockholdPrs of the banks or bankingassociations, whetlwr rPsidPnt or Hon-residPnt owners, shall be taxed in the Q.ount_v wlwre the banks or banking associations are locate<l, and not Plsewhere, at their full market value, including surplus and undivided profits, at the same rate providt><l in this .Act for the taxation of mo1wyPd capital in the hands of private individuals. Provided, that nothing in this section contained shall be construed to rPlien such banks or banking associations from tlw tax on real estate held or owned by them; but tlw~ shall return said ieal estate at its fair market value in the county where locat<d. Pro,ided furth<>r, that where real estate is fully paid for the valtw at which it is returned for taxation ma~ be <1P<lucted from the market ,alue of their shares, and if ~:>aid nal estate is not fully pai<l for, only the \"aluP at "hich the equity O\\"lle<l by them therein is rt-tunwll for taxation shall be de<luctP<l from tlw market \"alue of their shares.
The banks or banking- associations themselves shall make the retums of tlw property ancl tlw shares herein mentioned and pay tlw taxes herein proYide<l.



.MoxDAY, A1:01:~T 8, H):~l.

863

Branch banks shall be taxed on the Yalue of the capital employed in their operation, in the counties, municipalities and districts in which the~' are located, m1<l the parent bank shall lw reliewd of taxation to the extent of the capital set aside for the exclusive use of such branches.

RectioJJ 12. Be it further enacted b~ the authority aforesaid, That all building and loan associations or other associations of lih character shall be required to return to the tax rt>ceiwr of the county where such associations are locate<l, all real and personal propPrty of kind aml character belonging to ~mch association, (xcept tlH nal propert~ located in anotlwr county shall lw nturned to the tax receiver of that county.

Section 13. Be it further enacte<l by the authority aforesaid, That the presi<lents and principal agents of all incorporate<l companies herein mentioned, except such as are require<l to make returns to tax receivers of the counti(s, shall make returns to the Comptroller General nuder the rules mul regnlatim~s JH"oYide<l b~law for such rdums, an<l subject to the sanw penalti<s and modes of proce<lnre for the euforc<ment of taxes from companies or persons required by law to make returns to tlw Comptroller General.

Section 14. Be it furtll<'r enacted, .That laws and parts of laws in conflict with this Act be, and the same an, hereby, rt'pealed.

Mr. Xix mow<l that Section :1 lw strick('n from the bill.

864

JOUUN,\1. O.F THE ~ENATE

Mr. 1\ix called for the ayes and nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affinnatin wen Messrs.:

Bond, Chas. N. Boykin, James H. Collum, J. M. David, A. B. Fleming, W. 0. G<>lucke, Alvin G. Hunt, T. M.

Jackson, J. B. Johns, G. A. Kimzey, Sam Manson, Frank C. Mills, J. H. Nix, 0. A. Palmour, J. E.

Richards, Will Stovall, E. B. Tarpley, R. 0. Walker, B. F. Williams. Wiley Womble, M. D.

Those voting in the negatiw were Messrs.:

Akin, L. R. Bellah, J. M. Brown, L. C. Childs, E. W. Cone, Howell Davison, J. E. Ellis, R. C. Fleming, Denis

Foy, John E.

Snow, Russell E.

Hollingsworth, J. C. Taylor, Geo. W.

Hutchins, H. C.

Thomas, James R.

Jones, 0. K.

Wall, Dan

Pope, David F.

Weaver, J. D.

Ridley, Dr. C. L. \Vohlwender, Ed

Rountree, J. L.

Sheffield, R. H.

Those not voting were Messrs. :

Campbell, R. W. Colson, D. C. Haralson, Pat

Holmes, R. H. Jones, John H. Lassiter, W. H.

Peacock, C. H. Thorpe, E. M. Mr. President

~\yt>s 20, Nays 22.

Aml the motion was lost.

Mr. walker moved that the above Sections be adopted, and the motion prevailed.
The report of the Committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

Mo~DAY, AeausT 8, 1921.

865

The roll call was ordered and the Yote was as follows:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. M. Cone, Howell Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Haralson, Pat

Richards, Will

Hollingsworth, J. C. Ridley, Dr. C. L.

Holmes, R. H.

Rountree, J. L.

Hunt, T. :M.

Sheffield, R. H.

Hutchins, H. C.

Snow, Russell E.

Jackson, J. B.

Taylor, Geo. W.

Johns, G. A.

Thomas, James R.

Jones, 0. K.

Thorpe, E. M.

Kimzey, Sam

Walker, B. F.

Mills, J. H.

weaver, J. D.

Nix, 0. A.

Wohlwender, Ed

Palmour, J. E.

Womble, M. D.

Pope, David F.

Those voting in the negative were Messrs. :

Campbell, R. W. Jones, John H. Lassiter, W. H.

Manson, Frank C. Peacock, C. H. Wall, Dan

Williams, Wiley

Those not voting were Messrs. :

Colson, D. C. David, A. B.

a: Golucke, Alvin
Stovall, E. B.

Tarpley, R. 0. Mr. President

Ayes 38, Nays 7.

The bill having received the requisite constitutional majority was passed as amended.

The hour of adjournment having arrived, the President announced the Senate adjourned until 3:30 o'clock this P. M.

866

JoeRXAL oF THE SEX.-\TE

3 ::10 0 'Clock

f# The SPnate met again at this hour nwl was callt>d

to order.



B~, unanimous consPnt thP call of tlw roll was <lispensed with.

l\fr. .Jackson moYe<1 that the S<>nate go into executin' session and tlw motion prPYaile<1.

The Senate ''"ent into executi,e s<>ssion at :1::13 o'clock.
ExecutiYe session was dissolYe<1 at :~ :-t-0 o'clock.
Mr. Presi<l<>nt, SPnntor Hiclwrds, Chairman of tlw Committee on Cmmties an<1 Count~ )fatt<>rs, submitted the following report:

ilf r. President:
Your Committee on Counties and Count~ l\Iatters has ha<1 tm<1er consideration tlw following bills of the House, and instructed nw, as tlwir Chairman, to report the same ba~k to tlw St>nate, ''"ith the recommendation that tlw same do pass to wit:
NOS. 460, 402, +7 3.
The following hills of tlw Houst> an' n'conmlendt>d that they do not pass:
House Bills K os. 1+, 13, 51:~.
\YILL HicHARD:..;, Chni rman.
August 7, 1921.
The followillg bills fayorabl~ rPport<><l wPre rea<1 the second time:

MoxDAY, AFGUST 8, 1921.

867

By Mr. Picknm of Charlton-
~\ bill to repeal Act authorizing Board of Roads and Revenms of Charlton County to pay the Mayor and Council of "F'olkston certain ad valorem ta:i".

By Mr. \Vhitahr of Rockdal<.-
A hill to 1novi<le for holding four terms a year of tlw Nuperior Court of Rockdale Count~-.

By l\fr. Ennis of Baldwin-
..:\. bill to anw1Hl ~-\.ct provi<ling for election of Board of Count~- Commissioners by the peopl(> of Baldwin County.

Mr. President:
The House has passe<l by the requisite constitutional majorit~- the following bill to wit:
A bill to makP a <leficiency appropriation to the Georgia School of Technology for the year 1921.
The House has passe<l as a:mended the fqllowing bill of the Senate to wit:
A bill to amend the Code of Georgia relative to incorporation of interurban railroad companies.

lJfr. President:
The House has passed by the requisite constitutional majority the following bills to wit:
A bill to increase the regulation on dealers in fertilizers.

868

JOURNAL OF THE SENATE

A bill to appropriate $150,000.00 to Georgia State Sanitarium for the year 1921.
The House has read and adopted the following resolution:
A resolution to appropriate $1,050,000 to complete payment of pensioners, etc.

The following bills were read first time and referred to Committee:

By Fulton County Delegation-
A bill to make an appropriation to the Georgia School of Technology for year of 1921.
Referred to Committee on Appropriations and Finance.

By Mr. Kittrell of LaurensA bill to amend Code relative to sums paid by
manufacturers of fertilizers.
Referred to Committee on .Agriculture.

By Mr. Ennis of Baldwin-
A bi.ll to appropriate $150,000 for maintenance of Georgia State Sanitarium.
Referred to Committee on Appropriations antl Finance.

By Mr. Stovall of McDuffie-
A resolution to appropriate $1,050,000 to complete payment of pension roll.

MoNDAY, AuGusT 8, 1921.

869

Referred to Committee on Appropriations and Finance.

Mt-. President:
The House has read and adopted the following resolutions to wit:
A resolution relative to status of unfinished business at the close of session.
A resolution authorizing certain persons to remain after adjournment.
A resolution authorizing unfinished business to go over to next term.
A resolution to reimburse merchants who paid cigarette and tobacco taxes.
The following resolution was read the first time and referred to Committee:

By Messrs. Owens, Davis, J olmson, Hawkins, etc.-

A resolution to reimburse merchants who paid cigarette and tobacco tax.

Referred to Committee on Appropriations and

Finance.



The following resolution was read the third time and taken up for consideration:

By Mr. McDonald of Richmond--
A resolution to reconvey to Tuttle-Morton Home a certain tract of land.
Mr. "\Valker offered the following amendment:

S70

J-ouR:XAL oF THE SEXATE

Amend House Resolution 62 by adding the follo\\ing as a caption or title of sai(l r<>solution: "~\ resolution to authorize tlw Governor of Georgia to transfer to the Tuttle-Morton Home the proJwrty of 100 acres of land described in the following resolution, and for other purposes."
The amendment was atlopt!:'d.
The report of the Uommittee, which was favorablt> to the passage of the resolution, was agTe<>d to.
On the passagt' of the resolution tlw _.-\yes were 40, Nays 0.
The resolution having received the requisitP constitutional majority, was passed, as anwnded.
The following bill was taken up for tlH'' purpose of concurring in the House amendment:

By :Mr. vVohlwend(r of 24th-
A bill to amend the CodP relatin to inrorporation of interurban railroad companies.
The House offeretl the following anwndnwnt:
Ament! Senate Bill No. 90 by amPntling sPction 1 by adding at the end thereof the following: ''Providing, however, that nothing henin shall b( construed to impair any valid, subsisting contract now in existence betwet>n any municipalit~ alHl any railroad company or an~ street or intf'rurban railroatl or railway company, mvl proviclecl this Act shall not operate as a repeal of any existing municipal ordinance, and the Railroatl Commission shall not have the po,ver and authority under this Act to increase

MoxoAY, AuGVHT 8, 19:n.

871

the fal'es on the line::; of such companics which have heretofore been fixe<l by contract betwe<:>n such companies and any municipality.''
The Senate concurred in the amendment.

The Senate read aB<l a<lopted the following resolutions to wit:

By Mr. Campbell of :3-!th-
A resolution requPsting House to retum to Senate House Bills 504 and 505 for purpose of correction.

By Mr. Campbell of 84th-
A resolution requt>sting that House and Senate Committee on University of Georgia visit various branches of institution <luring vacation.

By Mr. Campbell of :34th-
A resolution allowing Penitentiary Committee to visit various cmwict camps.

By Mr. \Vyatt of Troup-
A resolution instructing Clerk of House and Secretary of Senate to mail members of General Assembly status of unfinished business.

By Mr. Hollender of Catoosa-
A resolution authorizing certain persons authorized to remain after a(ljournment.

87~

JOURNAL OF THE SExATE

By Mr. Davis of Floyd-

A resolution requiring all bills and resolutions undisposed of to go over as unfinished business.

The following bill was read the third time and taken up for consideration:

By Fulton Deleg-ation-
A bill to amend city charter of Atlanta by annexc ing certain property.
Mr. Manson offered the following amendment:
An amendment to an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, by extending the limits of said City so as to annex and include the following territory, to wit:
1st Parcel: Land Lots 2 and 52 of the 17th District; 2nd Parcel: Certain territory at the northeast corner of Gault Street and Second Street in Land Lot 41 of the 14th District; 3rd Parcel: Certain land beginning \Vest of Ontario Avenue; 4th Parcel: All that part of Land Lot 110 of the 17th District as therein described, which amendment was passed at the present session of the General Assembly be amended by striking said fourth parcel from said Act, as therein more fully described.
Be it enacted by the authority of the General Assembly an(l it is hereby enacted by said authority as follows:

~.foxDAY, AeGt:sT 8, 1921.

873

Section 1. That an Act to amend an Act establishing a new charter for the City of Atlanta, approYed :B'ebruary 28th, 1874, ancl the seYeral Acts amendatory thereof, by extending the limits of said City so as to annex mHl include certain territory described as Parct>ls 1, 2, :1 an<l 4 and which amendment was passe<l at the prt>sent session of the General Assembly be itself amewlt>d by striking therefrom the land therein described un<ler the section calle<l fourth pared and more particularly described as all that part of Lan<l Lot 110 of the 17th District of Fulton Count~, Georgia, beginning at the corner of the present city limits on the South line of Land Lot 110 ancl near the Southeast corner of said land lot and extending th<>nce North parallel with the \Vest line of said laU<llot to the Korth line of sai<l lancl lot; thence East along the North line of said land lot to the ?\ortheast comer of sai<l lmHl lot; thence South along the .B~ast line of said lan<l lot to the Southeast corner of said lantl lot to beginning point.
Sai<l last described parcel of land is hereby stricken from said Act anwn<ling tlw charter of the City of Atlanta as aforesaid ancl the .\ct, as passe<l, shall coyer only parcels 1, :2 an<l :3 as then'in described.
Section 2. That all laws and parts of laws in conflict ~with this Act, be and the same are hereby repealed.
The amendment was a<lopted.
The report of the Committee, "hich was fayorable to the passage of the bill as amended, was agreed to.

874

JoL"RXAL oF THE REXATE

On the passagt' of the hill the ,\yes \H'n' 40, the Nays were 0.
The bill having receiYed the requisitP constitutional majority, was passed as amende<l.

The following message was rPceiY<><l from His Excellenc~' the Qoyernor, through his R<.>cr<>tar~', I\fr. Blalock:

.Mr. President:
I am <lirecte<l by His Excellt>nc~ the GoYemor to deliver to the Senate a communication in writing to which he respectfully i1wites ~our atu,ntion.

STATE OF GEORGIA,
ExecutiYe Departnwnt,

To the Senate:

August 8, 1921.

In accordance with House Resolution 1\o. 93, I am returning herewith Hous0 Bill No. 525, to amend the City charter of ~\_ tlanta b~ annexing new property; for the purpose of correcting errors tlwrein.

Respectfully submitted,
w. THOS... HARDWICK,
Governor.

Mr. President:
The House has passe<1 by th<' r<'quisit<> conRtttutional majority the fo!Jowing bills to wit:

l\foXDAY, }u:GCST 8, 19D.

H75

A bill to repeal an .Act to incorporate the town of Norristown, in tlw Count~, of Emanuel.
\ hill to abolish tlw TennillP ~chool District, in \Vashington County.

The follo\Ying bills wer0 rea(l first time an(l n-
f<>ne<l to Committees:

B~ Mr. Bellah-
.\ hill to extend the corporate limits of Rome,
Georgia.
Referr<:><l to tht> Committe<' on Corporations.

B~, 1\fr. Brown of Emanuel-
A bill to '"repeal an .i\ct incorporating the town of N onistown.
Refene<l to the Committee ou Corporations.

B~, Messrs. Hawkins an<l H~'man of \Vashington-
.\ bill to abolish the LenYille School District.
Refened to the CounnitteP on Education.

B~ Richmon<l Delegation-
A bill to appropriate the sum of $3,000 for maintenance of the Georgia Training School for Mental Defectives.
Referred to the Connnittt>e on .Appropriations and Finance.
The following bills were read the third time anfl put upon their passage:

87G

.JouRXAL oF THE SEXATE

By Mr. \Vall of Putnam-
A bill to repeal Act amending Act creating a Board of Roads and Revenues for Putnam County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Quincey of Coffee-
A bill creating a County Depository in and for Coffee County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Beck and Smith of Carroll-
A bill to amend Act incorporating town of Temple.
The report of the Committee, which was f<worab1~ to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority, was passed.

MoNDAY, AuGusT 8, 1921.

877

By Mr. Hufstetter of Murray-
A bill to abolish Board of Supervisors of Murray County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, N'ays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Horne of Dodge-
A bill to amend Act establishing City Court of Eastman.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Quincey of CoffeeA bill to repeal .Act cre~lting County Depository
for Coffee County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.
The bill having receivetl the requisite constitutional majority was passed.

878

JouRXAL o:F THE SExATE

By Mr. Henderson of W'"hite-
A bill to repeal Act incorporating town of Robertstown.
The report of the CommittPe, which \Yas f;worahh to the passage of the bill, was agreed to.
On the passage of the bill the Ayes wPre -;1:0, Nays 0.
The bill haYing receiwd the requisite constitutional majority was passed.

By .Mr. .McDonald of RichmondA resolution to reconn~y to Tuttle-Morton Home
a certain tract of land.
The report of the ConnnittPe, which was faYorablP to the passage of the bill, was agrePd to.
On the passage of the bill the ~\yes wpn 40, Nays 0.
The bill having receiYr!l tlw nqnisit<' constitutional majority was passed.

By .Messrs. Camp of campbPll aml Reagan of Henry-
A bill to amend Cod<:' of Georgia relatin to compensation of jurors.
The report of the Committee, which was faYorabl( to the passage of the bill, was agreed to.
On the passage .of the bill the A,\es '>wre 40, Nays 0.

MoxDAY, ;\ eoe:-;T 8, 19:21.

870

The bill haYing receiYt'<l th0 requisit0 constitutional majority "as passed.

The follo\\ing resolution was read and adopted:

By Mr. \Villimns-
Senate Resolution 54. A resolution r0questing; the House to r<>turn Hous0 Bills 507 and 508 to the Senate.
By unanimous consent House Bills 507 all(l 508 were reconsi<ler<><l alld tabled.

8:30 o'clock P.M.

The SenatP met again at this hour all<l was called to order b) tlw President.

Mr. Snow asked unammous consent to <lispense \Yith the roll call.

Mr. \Yohlwender objecte<l.

The roll call was ordered and the following Senators answered to their nanws:

David, A. B. Ellis, R. C. Fleming, W. 0. Golucke, Alvin G. Jones, John H. Jones, 0. K.

:vt:anson, Frank C. Palmour, J. E. Peacock, C. H. Richards, Will Rountree, J. L. Tarpley, R. 0.

Taylor, Geo. W. Wall, Dan Williams, Wiley Womble, M. D.

Mr. Thomas, Vice-Chairman of the Committe<' on
Rules, submitted the following report: "

880
Mr. Presitle'At: Your Committee on Buies submit the following
as the order of business for the Senate at this night sesswn-:
Order No. 1-8enate Bill No. 58. Order No. 2-Senate Bill No. 104. Order No. 3-House Bill No.104. order No. 4--House Bill No. 289. Order No. 5-House Bill No. 329. Order No. 6---House Bill No. 382. Order No. 7-Senate Resolution No. 58. Order No. S-House Bill No. 343. Order No. 9-House Bill No. 199. Order No.10-House Bill No. 208. Order No. 11-House Bill No.106. Order No. 12-House Bill No. 161. Order No.13-House Bill No. 80. Order No. 14--House Bill No. 388. Order No. 15-Senate Bill No. 53. Order No. 16---House Bill No. 26.
Respectfully submitted, THOMAS, Chairman.
The following resolution was read and adopted:

MoxDAY, AlrousT 8, H):21.

881

By Mr. Fleming of the lOth, Mr. Snow and Mr. Clay-
Whereas, the brother of our able and beloved Senator C. N. Bond, J. H. Bond, underwent an operation at Greenville, S. C., on August 3; and,
\Vbereas, we are advised that Senator Bond has received a telegram stating that his brothf'r has r'covered from the f'fff'cts of the operation and is on the road to a full recovery;
Resolved, That we extend to Senator Bond our congratulations upon this good news and join in wishing for his brother a speedy restoration to full health and vigor.

Mr. President:
The House has agreed to the Senate amendments to House Bills Nos. 504, 505 and 482.

Mr. President:
The House has passed by the requisite constitu
tional majority the following bill to wit:
A bill to appropriate $5,000.00 to the Kinth District A. & M. School and $4,000.00 to the l!..,ifth District A. & M. School.
A bill to regulate the sale and inspection of commercial fertilizers.
A bill to make appropriation to supply deficiency in State Normal School.

The following. bill was r0ad the third time and taken up for consideration:

882

JoT:RNAL oF THE SENATE

By Mr. Johns-
A bill to create Georgia Children's Code CommissiOn.
Mr. Thomas moYed that tlw bill be tabled awl tlw motion prevailed.

The following bills were r<'ad the first time and referred to Committees:

By Mr. Grant of Habersham et aL-
A bill to appropriate $5,000 to the Ninth District A. & M. School.
Heferred to Committee on Appropriations aml Finance.

By Mr. Luke of Ben HillA bill to amend Act to rt>gulate the sale of com-
mercial fertilizers.
Referred to Committee on Agriculture.

The following bill was rfad the thinl time an(l put upon its passage:

By Mr. RountreeA bill to regulate capping, boxing and protection
from fire of timbers for turpentine purposes.
Mr. Snow offered the following anwlHlment:
.''Moves to strike all parts of the bill referring to the raking of trees.''
The amendment was adopted.

MoxDAY, .AL"GL"~T 8, 19:!1.

88:~

The report of the Committee, which was faYorahle to the passage of the bill, was agreed to.
On the p:1ssagp of the bill the Ayes were 88, Nays 0.
The bill having received the rpquisite constitutional majority was passed.
Mr. Clay aske<l unanimous consent that the Senate recess for one hour, and the consent was granted.

The following bill was read the first time and referred to Committee:

By DuBose an<l Dudley of Clarke--
A bill to appropriate $30,000 to the State Normal School.
Referred to Committee on .Appropriations and Finance.
Mr. Rountree moved that the SPnate adjourn until tomorrow morning at ~) :00 o'clock, an<l the motion prevailed.
The President announced the Senate adjournefl until tomorrow morning at 9 :00 o'clock.

884

.JOURKAL OF THE SENATE

SENATE CHAMBER, ATLANTA, GEORGIA,
August 9th, 1921.
The Senate met pursuant to adjournment at 9 :00 o'clock A. M. and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mills, Vice-Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
At request of Mr. Haralson, House Bill 5:10 was withdrawn from the Committee on Counties antl County Matters, read the second time and recommitted to the Committee on Counties and County Matters.
At request of Mr. Haralson, House Bill 531 was withdrawn from the Committee on Corporations,
read the second time and recommitted to the Com-
mittee on Corporations.
At request of Mr. Ellis, House Bill 396 was withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Corporations.

TeEsDAY, AuarsT 9, J921.

885

At request of Mr. Jones of 37th, House Bills 542 and 548 were withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Corporations.
By unanimous consent Mr. Fleming of lOth was appointed on the Committee on Au(liting.
At request of Mr. 'Valker, House Bills 259, 249, 240, 179, House Resolution 8~ and House Resolution 34 were with<lrawn from the Committee on Appropriations ancl Finance, read the seconcl time, and recommitted to the Committee on Appropriations and Finance.
At the request of Mr. 'Valker, House Bill 293 was read the second time imd recommitted.

Mr. Mills, Chairman of the Committee on Agriture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the recomnwnclation that the same do pass, to wit :

House Bill No. 386. . House Bill No. 319.
Respectfully submitted, Mn.Ls, Chairman.

Mr. Childs, Chairman of the Committ{'e on Education, submitted the following report:

886

.JorRXAL oF THE RENATE

Mr. President:
Your Committee on Education has had under consideration the follo"ing bills of the House and instructed me, as their Chairman, to report the same back to the Senate with the rPcommPn<lation that tlw same do pass, to wit:
House Bill No. 499.
House Bill No. 506.
Respectfull~ submitted,
CHILDs, Chairman.

Mr. Golucke, Chairman of the CommittPe on Special Judiciary, submitted the following report:

1J1r. President:
Your Committee on Special .Ju<liciary has ha(l under consideration the following bill of tlw Senate and instructed me, as their Chairman, to report the same back to the Senate with the reconnnPIHlation that the same do pass, to wit:
Sen~=tt<' Bill No. 162.
Respectfully submitted,
GoLVCI\E, Chairman.

Mr. Nix, Chairman of the Committee on 0Pnera1 Judiciary No. 1, submitted the following report:

JJ1r. President:
Your Committee on G<>nPral .hHliciary ~o. 2 has had under consideration thP following bill of the

Tl.:Ei::lDA y' A L'GL'ST 9, 19:21.

887

House and illstructe<l me, as their Chairman, to report the same back to the Senate with the recommell(lation that the smne clo pass, to wit:

House Bill No. 118.

NIX, Chairman.

The following bills all<l resolutions wt>re read the third time and put upon their passagP:

B:, Messrs. Mills and Brm\n of Candhr-
~\ resolution authorizing Board of Roa<ls and ReYenues of CandlPr Count: to contract for compll'tion of court house.
The report of the CommitteP, which was fayor-
able to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill luning recein<l the l"Pf}nisite constitutional majority was passed.

B~, Mr. "'hitaker of Rockdale-
A bill to JH"OYi<le for holding four tenus a year of ~uperior Court of Hockdale Count~.
The report of the Committee, whirh was favor-
able to the passage of the bill, was agn'e<l to.
( )n the passage of the bill the Ayes were 38, Nays 0.
The bill luning receiwd the rt>quisite constitutional majority was passed.

888

JouRXAL oF THE SEXATE

MINORITY REPORT OF COMMITTJDE
Relatire to Investigation of State Higlucay Department, August 9, 1921.

Mr. Speaker:

Atlanta, Ga., August R, 19:21.

\Vc the undersigned nwmbers of the Committee of NinetPPn (19) members-12 from the Hous<' and 7 from tlw SenatP, appoi1~ted by the Speahr of the House and Presi<lent of the Senate, respectiYely, to investigate the activities of the State Highway Boanl, and to report our findings to the General Assembly in ten days, beg lean to submit the following minority report:

As soon as it was possible to do so after our appointment, a meeting was held ancl the Committee organized by electing Senator Ellis as Chairman, Representative McMichael of Marion as VicP-Chairman, and Representative Camp, of Campbell, as Secretary.

The Joint Resolution of the House a11<l Senate granted the right to the Committee to employ a stenographer, auditors and to subpoena witnesses, and provided that $500 might be Pxpencled for this purpose. In the beginning of our procee<lings, a stenographer was employed at $1.50 per hour for the time actually engaged in work, hut the majority of the Committee overwhelmingly voted down a motion to employ an auditor or auditors. This majority positively expressed opposition to the Pxpencliture of any money for subpoenaing witnesses or employing auditors. A motion was made at two dif-

TeE::>DAY, A"L'"Ge::>T 9, 1921.

889

ferent meetings of the C<?mmittee, by McMicha~l, of Marion, as the records will show, to employ an auditor to represent the Committee, but it wa~ voted down each time. The majority took the position that the Governor hafl appointed an auditor to audit the books of the Highway Department, and that the investigating- Committee should wait for the report to be submitted by that auditor. It was ascertained that this auditor was originally employed by the Highway Department, and that it was he who inaU6'1Uated the system of bookkeeping for the Department.
It was also ascertained that this same auditor had later been employed by GoYernor Dorsey to audit the books of the Department, an(l upon that audit the report of the Highway Department submitted to the General Assembly on the opening day of this session was made. On or about the middle of July, after members of the Legislature had-complained of the incompleteness of the report, Governor Hardwick requested the same auditor to audit the books. On Monday night, August 1st, he came before the Committee with the work only partially done, and requested an extension of tinw until the following Vvednesday night. By 'Vednesday night the work was not ready, so a further exte11sion was granted. It seems that there was a misunden;;tanding as to the date of the next meeting, but it did happen that some of the Committee met, received the auditor's report, pronounced it good, and said ''well done.'' It is an intricate system, just about as difficult to understand as a problem in Differential Calculus would be. All we can do is to presume or belieye

.JoURXAL OF THE SEKATE
that the checking is accuratPl~- don<>, but we lune had no figures to show just <>xactl~- what itc>ms went into the sum total for surveying, what items went into the sum total for computations, o1 what itPms wPnt into the sum total for supeiTision. To illustrat<>: .A contract is let on some project for, sa~, $!10,000. A certain percentage of this amount is figlll'<'fl out and charged to surveying, a CPrtain p<'rcPntag< for computations, and a certain pPrcentage for SUJWrvision, but the actual amounts paid to the various officers <lo not yet appear. The Highwa~ Bo:ml reports that the Federal Government rel)uireR that their rPports be made upon these .p('rcentage has's, and that by applying these percentag<'s upon the total amount of moneys expended, the follo"ing sums for 14 months were arrhed at:
For Surveys and all Exp<>nses ....... . $84-,89B.98 For Plans and Computations ........ . 75,947.98 For Supervision of Construction ..... . 244,037.36
Total for 14 months charge<l to B items above . . . . . . . . . . . . . . . . . . . . . . . . . . . . $404,879.32
These items are embodie<l in tlw annual l'<'port submitted to tlw General .AssPmbly.
Pursuant to House Resolution Ko. 11, dat<'d .Jnl~ 11th, the Highwa~ Board on .Jul~- 19th suhmittP<l a supplementary report giving tlw numb<r of <'111ployees in the three departments name<l above, and the salaries paid to each. Calculating these salari<>s at the annual rat<> for 14 months, tlw <lata being taken from the supplementary report, the sum total for all such salaries for smT<>~s, computations and supervision is . . . . . . . . . . . . . . . . . . $235,650.00

TeESDA Y, A ear~T 9, 1921.

891

Thus we fin<l in the annual report that the Highwa~' Board has reported as Overhead Expenses in the three departments named above a total of . . . . . . . .

$404,879.32

.And in their supplementary report in "\Yhich the~' g-i,-e the number of employees and the salaries pai<l, tlw total for salaries is . . . . . . . . . . . . . . . . . . . . .

$235,650.00

Lea-...ing- a <liffereiJCe of . . . . . . . . . . . . . $169,229.32
\Yhat items of expense "\Yent into this big difference we do not know; tlw reports do not show; we can only suppose that it was consunw<l in Hotel and Board Bills, Railroad and .Automobile Expenses and the like.
As this investigation was begun in the latter part of the Session, our time for the work was too limited to make an exhaustive stU(l~, of expenditures upon road building or projects, as they are called, but from the i1westigations made it is our opinion that the a-.."erage mileage cost is out of all proportion to the financial abilit~ of the counties and the state. \Ve tlo not believe tlw State is able to construct roads of a type so expensi-..'e as the Highway Department has required. There are about 4,800 miles in the State system of county site to county site roads. The reports show that projects finished and under construction to be finished by the en<l of this year will be less than 300 miles of pavement and less than 900 miles of top soil roads, with some 50 bridges, and that when this number is finished, about $18,000,000 will have been expended.

R92

J OURXAL OF THE SENATE

It requires but a simple calculation to show that if the 4,800 miles should be built at 75 per cent. of that cost, something like $200,000,000 would be required. A continuation of this plan woultl eyerlastingly bankrupt the state; it is simply beyond the
ability of the state to do it; ancl we belieYe the dic-
tates of common sense and sound business judgment demand a greatl~' recluce<l mileap;e cost. As an illustration of these expensiye plans, we cit<:> Dad<:> County. This small county Yot<:>d $60,000 of bon<ls for road building. The.' let contracts a11proncl by the Highway Board for two projects, namel.' Project No. 65 and Project No. 31, the formf'r for 2.33 miles and the latter for 4.25 miles, total in the two projects, 6.58 miles. These projects were not built of concrete, but of top soil, clay and chert. The cost of project 65 was $28,236.71 per mile, and that of project 31 $16,000 per mile. The total cost of the 6.58 miles was $133,791.50, or $20,333 per mile! Think of that! A top soil road in a poor county costing $20,333 per mile! The result is, Dade Count.' is bonded to the hilt, lwr money fully matched by Feclerel funds is all gone on 6 1-2 miles of road, ancl they see no hope for much more road building. No wonder that Dade's present County Commissioner, new in office, Mr. Cureton, appeared before the Committee and expressed great dissatisfaction with what had been done. His county is absolutely exhaustecl on 6 1-2 miles of road. \Ve cite this instance only; others still more expensin' could be cited.

ELBERT COUNTY QUARRY.
\Ve find that the Highway Board has expended to date about $125,000 on a stone quarry in Elbert

. T-uESDAY, A"LGUST 9, 1921.

893

County, just a few miles from the South Carolina line, and it appears that very large sums of money, probably 70 or 80 thousand dollars, are yet necessary to put it in full operation. The Highway Board had experts to testify to the value of the quarry, the value of the stone for road building, the inexhaustible supply, etc. \Ve make no attack upon the integrity and sincerity of purpose that prompted the buying of this quarry in the extreme Northeast Georgia, at such an enormous price, but we do most emphatically disagree with them in jU<lgment, for the following reasons:
(1) The quarry should have been located in a more central part of the state. There are abundant supplies of stone in the Stone Mountain region, anrl in other central sections of the state, ample in supply, durable in quality, and in every way adequate to the needs of the State's demands. "That a feast the railroads will have in hauling crushed stone from this remote northeast corner of the state to the northwest, central a11<l south sections of the state! The question arises: \Villnot the heavy freight rates on these long hauls to counties r<:>motely situated make the use of the products of the quarry prohibitive?
(2) vVe believe that a quarry sufficient for the State's needs should have bPen bought or leased at a price far less than that paid. And we are assured that that could have been done.
The original Act creating the State Highway Board required that every mile ofthe 4,800 in the system should be paved. The experiences in pavi.;ng

894

Jo1!RNAL OF THE SEXATE

to date prove conclusively that an absolute com-
pliance with that paving requirement would overwhelmingly bankrupt the state.
The amending Act, now pending, strikes out this absurd paving proposition aiHl leaws it to good judgment and discretion as to what materials are most available and best suite<l to local coll<litions. Under this amendment, and with a change in administration, \Ye doubt if tlwre will be a call for oiwtenth as much paving material as lwretoforP, and we therefore <loubt the wisdom of further large expenditures upon a qumT~' situated so far from tlw territory to be supplied.
In conclusion, we wish to state that we have been limited and even restrained by the majorit~', in our inYestigations. \YP could only make a beginning through hearsay eYidence. \Ve had letters from different counties making complaints an<l giving names of people who would appear and gin testimony, but the majority denied us the right to subpoena witnesses, as the resolution provided. Under these rPstraints imposed by the majority, and un<ler the limitation of time and pressure of other legislati\'e duties, our report is necessarily incomplPtP, but it is the best we could do under the circumstances.
Respectfull~, submitte<l,
Senators:
CHAS. N. Bo::-m, 30th District.
DAviD F. PoPE, 44-th District.

TuE::;n.n:, AL'GL'oT 9, 1921.

895

Representatives: E. H. Mcl\bcHAEL, of Marion County. PHIL \V. DAVIt->, SR., of Oglethorpe Co.
To: The President of the Senate, The Speaker of the House, And The General Assembly.
In pursuance of the joint resolution of the Senate and House, we, your committee appointed to investigate the affairs of the State Highway Commission, have the honor to submit the following report:

I.
The committee was duly organized by electing Hon. R. C. Ellis, Chairman, Hon. E. H. McMichael, Vice-Chairman, and Honorable Lawr~:>nce S. Camp, Secretary.
II.
\Ye had before us the officers of the Highwa~' Department and called upon said tlepartment to furnish us with all books, accounts, and all papers, contracts, etcetera, which th~:>y promptly did.
m.
'Ve have held public hearings to which all persons were invited to attend, and before which any one having complaints was asked to appear, and we are frank to state that we were agreeably surprised to

896

JOL"RXAL OF THE f::lEXATE

find that only one county came forward with a complaint, namely, the county of Dade. The complaint of Dade County was due to a misapprehension on the part of one of the county commissioners. The evidence clearly exonerates the Department from any blame, and clearly shows the road in question to have been built as cheaply as possible for the location and time at which the contract "as let, an<1 that the engineering was thorough all<1 competent, an<1 further that the completed road is entirel~' satisfactory and constructed as planned.

IV.
\Ve were authorized to secure the services of an auditor if deemed necess<cu~-, an<1 were fortunate to secure the services of one thoroughly familiar with the affairs of the Department, namely, J. H. Drewry, C. P. A., of the Drewry-\Vhiddon Audi! Company, appointed by Governor Dorse~-, and retaiiW<1 b~' Governor Hardwick, to sf'mi-annuall~' au<1it the accounts of the Department. This auditor appeared before us, and showed c~nclusivel~r that the <1epartment was handling its financial affairs in a thoroughly business-like al1<1 efficient mamwr; that accounts were kept on the ''Imprest'' system, the safest and most reliable s~stem of accounting; that every expenditure had been full~' covered by receipts and vouchers, which had been checked personally by him or members of his firm. He testified further that he checked the items making up the engineering and administration expenses, and found them correct.

TuESDAY, AcausT 9, 1921.

897

v.

\Ve have very carefully gone into the matter of the purchase by the Department for the State of a rock quarry in Elbert County at the purchase price of $90,000.00. Our investigation shows that the Commission and St~te Highway Engineer were thoroughly justified in this purchase which has already caused a material saving to the State in the purchase of stone; that the value of the quarry at present is considerably more than the purchase price paid; that the utmost care was shown in the purchase, and a most thorough investigation of its worth and suitability made before the purchase was consummated; that the quarry is surpassed by none in the South, and further we hereby commend the Commission and Department in the purchase for the splendid foresight and business acumen exercised.

VI.
\Ve investigated the matter of the distribution of the State's funds and were gratified to ascertain that the bulk of the funds had gone to weaker counties, and that counties below the average in tax valuntion received more than three times as much of this fund per one million dollars of tax valuation. Realizing the desire and insistence of the wealthier connties for State Aid, we highly commend the department in this distribution.

VII.
VVe investigated an accusation by a citizen of Clarke County that the cost of engineering was ex-

898

JouRXAL oF THE SExATE

cessin on a project constructed b~ the count~' The evidence shows that the cost of engineering was reasonable, and that Clarke Count~ was the principal in a contract for engineering in which the Depart ment did not participate and over which it therefore had no control.

VIII.
\Ye further investigated the force of thP Departnwnt and the amount of work handl'd. The evidence shows a department organized and operating at [< maximum of efficiency. Not a single complaint wat> heanl concerning projects handled in their entirety b~ the (lepartment. Not a word waR even rumore(l concerning the excellent maintenance work inaugurated and being carrie(l out h~ the department.
The evidence shows that the engineers are ahove the average; that their \York is exacting a11<l require'> specialization; that their "ork has proven satisfactory to the Federal Government; that the~ had developed under the tutelage of our State Highwa~ Engineer at an almost unbelievable rate to handle their work economically a11<l wPll; that they handle(l their work so efficiently that their engineering costs were greatly below the average for the nation at large, and below any State in this section of the country.
IX.
\Ve further find that although there have be<'n many rumors of bad judgment being displayed by

TrEsDAY, ArausT 9, 1921.

899

the Commission and Department and consitlerahlc criticism, we do not believe such criticism was baseJ upon fact, but do belie,e the rumors unfounded as shown by the evidence.

X.
We were impresse<l by the tremendous amount and variety of work the State Highwa~ Department is doing. \Ve were amaz<><l at the magnitude of their operations and the mass of minute details required in the presentation of plans for proposed roads and bridges in order to get apprmal for Gov ernment Aid and to secure the payment of Government funds. Until we ha<l come in contact with Uw department and personally sren its varied lines of work, we did not realize all it has accomplished m building highways throughout the State.

XI.
After a thorough investigation aiHl man~~ long hearings we have come to the conclusion that Georgia has a Highway Department which in our opinion ranks far ahead of all others, an(l we are especially impressed with the business abilitv of the entire Board and we further find Mr. Neel, the Chief Engineer of the Department, to be a very efficient officer, and the Board is to be congratulated in securing his services and Georgia congratulated upon being able to have such a man public spirited enough to accept the execution and control of a business for the State at a salary of one-third to one-fourth less than private concerns pay for such responsibility.

900

JOURNAL OF THE SENATE

\Ve believe he has associated together a capable, thorough, honest, and painstakin~ corps of engineers and employees and we have ascertained that the State of Georgia has a Highway Department to be proud of, which. has done mo1:e than could reasonably he expected of it in so short a time.
It is indeed a pleasure to fin<l that the Highway Department has been in the hands of men who we believe have the best interests of the State and its people at heart and are doing everything possible toward the upbuilding of the State and in our opinion, if allowed to continue, will give to Georgia one of the best, if not the best, systems of Highways of any State in the Union. \Ve feel that they are entitled to receive at the hands of our people the highest praise and that they should be commended to the fullest extent of the State's abilit:v for what they have done and are now doing.
In concluding we find that criticism of the Department is not justified by the facts and instead of being criticized the work of the Department should be deeply appreciated by all fair-minded Georgians. 'rhey have clone and are doing great work and should not be retarded but should receive and have the full confidence of all the people of the State. A careful perusal of the attached complete stenographic record of the proceedings of your committee will show full and complete justification for giving the Department the highest praise.
Attached hereto and made a part of this report is a complete and detail audit of the accounts of the Department up to and including June 30, 1921; the

T-.:ESDAY, AUGlJST 9, 1921.

901

full stenographic record of our proceetlings, an<.l ex-
hibits A to Y inclusive. Your careful consideration.
is respectfully invited to all of these.
Respectfully submitted,
R. C. ELLis, Chairman. J. M. BELLAH,
w. 0. FLEMIXG, R. w. CAMPBELL,
RoBT. H. HoLMEs,
M. M. HoLLowAY,
ZACK ARKOLD,
A. J. PERRYMAN' S. RuTHERFORD, J. M. MAYS, JR., E. B. DYKES, M. L .JOHKSON'
R. w. CAMPBELL, LAWRENCE s. CAMP.

The following bills, favorabl~r reported, were read the second time :

By Hawkins and Hyman of washingtonA bill to abolish the Tennille school s~stem.

By Mr. Kittrell of Laurens-
A bill to amend code relative to sums paid by manufacturers of fertilizers.

902

JouR~AL OF THE SENATE

By Mr. Luke of Ben Hill-
A bill to amend .Act I'('gulating sale, etc., of commercial fertilizers.

By Chatham Delegation-
A bill to amend code relatiYe to units on bonds given by pilots.

By Fletcher of Irwin-
A bill to repeal Act establishing public school system of Ocilla.

The following bills were rea<l the thinl time and put upon their passage:

By Mr. Pickren of Charlton-
A bill to repeal Act requiring Board of Roads ~ul.<l Revenues of Charlton County to pay Mayor and Council of Folkston a certain all valorem tax.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Ennis of Baldwin-
A bill to amend Act providing for election of Board of County_ Commissioners by people of Baldwin County.

TeEsDAY, Aea"LsT 9, 1921.

903

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having receiYe<l the requisite constitutional majority was passed.

By Mr. Evan of Screven-
A bill to amend Act establishing City Court of Sylvania.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Boatwright and Brown of Emanuel-
A bill to change terms of City Court of Swainsboro.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Beck an<l Smith of Carroll-
A bill to amend Act fixing rate of taxation for public school system.

904

Jol!RXAL OF THE SK~ATE

The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Parks of Terrell-
A bill to amend Act creating Board of Commissioners of Roads and Revenues for Terrell County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. King of Jefferson-
A bill to fix compensation for members of Roads and Revenues of Jefferson County.
The report of the Committee, which was favor able to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Logan of Banks-
A bill to abolish Act amending Act entitled Banks County Commutation Road Tax.

Tu-ESDAY, .Al:G"L8T 9, 1921.

905

'l'he report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Xays 0.
The bill having received the requisite constitutional majority was passed.

By :Mr. 'Villiams-
A bill to fix time of holding Superior Court m various counties of Cordele Judicial Circuit.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 38, Nays 0.
The bill having receivecl the requisit<" constitutional majority was passed.
The following House resolution was read and adopted:
A resolution providing for a temporary residence for the Governor of Georgia.
Mr. Kimzey asked unanimous consent that House Bill No. 421 be witlulrawn from the Committee on Appropriations and Finance, read the second time and recommitted to the Committe< on Appropriations and Finance.
Mr. Thomas moved that the Senate recess two hours suhjrct to tlw call of the chair and the motion

906

Jo"LRXAL OF THE SE~ATE

The President called the Senate to order at 11 :30 o'clock.
Mr. Bond moved that the Senate do now adjourn and reconvene at 2 :30 o'clock and the motion prevailed.
The President announced the Senate adjourne<l until 2:30P.M.

:2::30 P.M.
The Senate met again at this hour mHl was callP(l to order by the President.
By unanimous consent the call of the roll was dispensed with.
The following message was reeeived from His J~x eellency, the Governor, through his SC'cretary, )f r. Blalock:
Jlr. Pn,sidenf: I am directed by His Excellency, the Governor,
to deliver to the Senate a sealed eommunieation, to which he respectfully invite's your athntion in executive session.
The following message was received from His Ex cellency, the Governor, through his Seerctary, ~1r. Blalock:
J1r. President: I am directed by His Excellency, the Governor,
to deliver the Renate a. communication in writing,

TcE~DAY, AuGUST 9, 1921.

907

to which he respectfully invites your attention.

The following message was recei,ed from His Excdlenc~, the Governor, through his Secretary, Mr. Blalock:

Jfr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites your attention in executive session.

STAn~ OJ<' GEORGIA,
ExECUTIVE D EPART:i\IENT, August 9, 1921.

To the General Assembly of Geor[Jia:
On July 6, 1921, I pointed out to you that the deficit in the Treasur~ of the State by the end of the present year would exceed $3,000,000.00. This deficit was not created either by myself or by the pres: ent General Assembly, and the responsibility for it does not rest upon us. The responsibility for its creation is not upon us, but both the present Governor and the present General Assembly will be responsible, and the people of the State will be justified in holding us responsible, unless we do all in our power to relieve the situation.
Finding it impossible to cut the appropriations ahead~' made for the ~-ear 1921, because in almost every instance it was shown that contracts had been entered into and obligations assumed on the

J08

JounxAL OF THE SExATE

faith of those appropriatious, and findiug it also impossible to raise any cousiderahle amount of reYcnue by new taxation that could b.e collected in the few mouths that will remain of the year 19~1, the General Asscmhl~- has been forced to adopt the drastic plan of authorizing the Governor to discount
the rentals of the w. & A. Railroad for a period of
five years, and has in addition thereto leYied a11 oe cupation tax on the importers of gasoline. It cm1 be safel~- assumed that from these two sources of reyeuue the State will net something like $~,500, 000.00, which will approximately relieve the situation up to and including the ~-car 1921.
But it must he remembered that the \V. & A. rental fund alJ(l the gasoline tax for the last quarter of H)21 are needed and more than needed to meet the deficiencies of the present ~ear, ineluding ahsolutel~ necessary deficiencies for the present year.
The discount of the \V. & A. rentals for the 1wriocl of five years was an operation of the most ~1rastic character and can be justified only on the ground that no other way could he found to suppl~- the money that was necessan to make up the Treasury deficit and to san the credit of the State. If, after having performed a drastic operation of this character because of the critical condition of the State's finances, the General Assemhl~- should immediatel~ put the State back in the same hole for next year and for 1923, the performance would be indefensible and could not be justified hy an~- one. I feel that the General Assembl~- is cnti tled to the fullest information as to the State's revenues for the ycars

TuESDAY, AliG'l"ST 9, 19:21.

909

19~:2 and 1923, so that it may not, under any circumstances, make the mistake of appropriating more money than the rcYeuues of the State will pay.
"'ith a ''icw to giYing to the General Assembly the most accurate and detailed information that it is possible to procure, I han requested the Comptrollm-General of the State, Hon. 'Vm. A. 'Yright, to furnish me with an estimate of the revenue of the State for the years 1922 and 1923. I quote you a letter from the Comptroller-General under date vf August 8th, with two accompanying tables:
''In compliance with your request, I have estimated from the information now in my possession, the rcvmmc of the State for the years 1922 a)ld 1923, based upon the General Tax Act of 1921 as passed by the House. The total figures you will observe amount to $9,257,442.84.
''The ad YalorPm tax is based upon the 1921 returns, as far as the~ arc aYailable. They show a decrease in the propcrt~, on digest of $125,000,000, and a decrease in the public service corporations of $350,000. J\fy estimatP of the reYenue to the State from this source is $5,7:37,897.84.
''Eliminating the rental from the ,Y. & A. Rail-
road property, oil f<'es, the estimated revenue from other sources than ad Yalorpm taxes, based upon the present tax act, is $2,585,410.00.
"As far as I am able to estimate, the increase to be derived from the new General Tax Act as passed by the House, will amount to $234;135.00. You will note that there are nine subjects upon which special taxes have been levied on which I have made no

910

JouRXAL OF THE SENATE

estimate. To do so would be pure guess work on m~ part, as I have no data whatever on which to base an estimate.

''I have not included in these figures poll tax to be collected from women who desire to qualif~ to vote. My judgment is that at the outside not more than 75,000 will qualify during Hl22 and 192~. I note that Paragraph 1, Section 2, imposes a poll tax upon even inhabitant . . . b.etween tlH' agPs of 25 and 60 years. It may be that this is a typographical error-if not, the number of men between the ages of 21 and 25 who would be relieved from the payment of poll tax under existing law, would probabl~r offset the number of women who will.register and vote.

(Signed)

"'Vl\I. A. 'VRIGHT,

'' ('omptroller-General. ''

ESTIMATED Rl!}VliJXCBJ FOR 1922-1~l28.
. Property on digest ($125,000,000 less than 1920) ................ $1,056,473,058.00

Tax at 5 mills ..... $5,282,365.29 Cost of collection at
7 per cent. . . . . . . . 369,765.57 Net to State .............. .
Public utility corporations. . ...... $165,059,624
Tax at 5 mills .... .

$4,912,599.72 825,298.12

Net revenue to State, ad val. tax. $5,737,897.84

TT:ESDAY, ..:\ l!GUST 9, 1921.

911

ESTDIATED REVEX"CE FR0:\1 OTHER SOURCES.
Poll tax (men) ........ $298,522 Professional tax . . . . . . . 62,400 Back taxes . . . . . . . . . . . . 116,936 Income tax, railroads, ex-
empt ad. val. ....... . 8,692 Insurance fees and taxes 720,000 Inheritance tax ....... . 250,000 Interest, State deposito-
ries................ . 30,000 Fees, fertilizers ...... . 70,000
" pure food ...... . 45,000 '' game protection .. 6,000 '' office ........... . 6,660 GenPral and poll tax not on digest ........... . 100,000 Occupation tax (foreign and domestic corporations) .............. . 285,000 Special or occupation taxes .............. . 515,000 Sale of Acts, Codes and Reports ............ . 7,700 :\Iiscellaneous items ... . 63,500

Total. ........................ $ Estimated additional tax, new Gen-
eral Tax Act . . . . . . . . . . . . . . . . . . Estimated revenue from 1c tax on
gas.......................... .

$2,585,410.00 8,323,307.84
234,135.00
700,000.00

Total. ........................ $ 9,257,442.84

912

J01IRXAL OJ,' THE SEXATE

You will observe from these tables, the Comptroller estimates the total revenue of the State at $9,257,442.84 for the years 1922 and 1923. In making this estimate the Comptroller estimates the net revenue to the State from ad valorem taxes, ineluding the tax on public utility corporations, $5,7iH,897.8-i-. He estimates the total revenue of the State from other sources at $2,585,410.00, making a total of $8,223,307.84. He estimates the revenue from the one cent per gallon tax on gas at $700,000, and the additional revenue to be derived from the new General Tax Act as passed by the House at $23-1-,135.00. There arc nine small items in the tax bill passed by the House which the Comptroller is unable to estimate, but from which he assures me no ecmsiderable additional revenue can be obtained.
I next call your attention to a letter addressed to me by the Comptroller-General under date of August 9th, 1921, in which he estimates that, with the single exception of 5o/o tax on amusements, the increases made by the Senate in the General rrax Bill as passed by the House arc inconsequential and will raise only an inconsiderable amount of rPVC'nue. The letter is as follows:
"In compliance with your request, I have examined the amendments to the GC'neral Tax Art adopted by the Senate, for the purpose of estimating what effect these amendments will luwe on the t'stimatecl revenue to be raised by said tax act. I beg to submit the following:
"Amendment 19-A: It is impossible for me to make an estimate as to the amount of tax which will

TuEsDAY, AuousT 9, 1921.

913

be collected under this paragraph, as I have no data upon which to base an estimate.

"Amendment 41-A: I am without any data upon which to base an estimate.

"Amendment 27-A: Amending Paragraph 97, increasing tax on soda fountains. This increase will probably amount to $5,000 per year.

"Amendment 29-D: :\[ay increase the revenue from the tax imposed on cafes and restaurants about $2,000.

"I can make no estimate as to what revenue will be derived from the 5% tax imposed upon amusements, as I am absolutely without data on which to base an estimate.

"The other amendments, I do not think, will affect the revenue one way or the other.

(Signed)

"\Vl\I. A. \\7RIGHT,

''Comptroller-General.''

On this subject I think it proper to inform you that I have reliable information that if the 5% tax on amusements is retained in the bill, the amount of revenue that we can reasonably hope to derive therefrom will be approximately $375,000, unless the effect of this tax is to curtail the business of the people conducting moving picture shows and other amusements and consequently to reduce by the amount of such curtailment the amount of tax to be derived therefrom.
Consequently, the General Assembly will readily sec that the total amount of revenue of the State

914

JouRXAL OF THE SENATE

cannot be greater than about $9,264,000, unless the amusement tax becomes a part of the law, and in tlulL event can only be $375,000 greater, at best. 1 beg to inYite your attention to the fact that the General Appropriation bill, as passed by the House itself, carries a total of $9,193,520.14.
I assume that it is true that no thoughtful man will dispute the proposition that the fiscal affairs of this State should be administered along stricti~ business lines. The income and outgo must he car(lfull~ measured and balanced against each oth(lr, and appropriations in excess of the reYenues of the Stat(' cannot be made and could not he approYed.
I urge upon the Legislature the necessity of keeping these appropriations well within the revenues of the State. No other policy is either sound or sane. K o other policy can be approYNl h~ either reason or common sense ; and I am sure that I will not appeal in vain to the General Assembly of the State to apply the principles of common sense and sound business to its affairs.
Respectfully submitted,
THOMAS \Y. HARDWICK,
Gon~rnor.

~fr. "'Walker, Chairman of the Committee on Appropriations and ~,inance, submitted the following report:

J.I:Ir. President:
Your Committee on Appropriations and Finance has had under consideration the following bill of the

TliESDAY, AuGusT 9, 1921.

915

House and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to wit:
A bill to appropriate money for expenses of State House offices and maintenance of public institutions.
Respectfull~T submitted,
B. F. 'VALKER, Chairman.

l\Ir. "\Vohlwender moved that the Senate go into executive session, and the motion prevailed.

The Senate went into executive session at 2:85 o'clock.

Executive session was dissolved at 2 :40 o'clock.

Mr. Snow moved that the Senate take a recess subject to the call of the chair, and the motion prevailed.

The President called the Senate to order at 5 :15 o'clock.

The following resolution was read and adopted:

By Mr. Manson of the 35th-
A resolution providing that the consent of the State for the erection of the Spring street viaduct be given to the City of Atlanta.

The following bill was read the third time and taken up for consideration:

916

J O"L"RKAL OF THE SEXATE

By J\fr. DuBose of Clarke, and :Jir. Culpepper of l,ayette-
A bill to appropriate moue~- to cover expenses of departments and public school institutions of the State.
Mr. 'Valker asked unanimous conse11t that the sections and paragraphs of the bill be taken up separately, and the consent was gTantecl.
The hour of adjournment haYing arrived the President announced the Senate adjourned until 8:30 o'clock P. J\f.

8 :30 o'clock.
The Senate met again at this hour and was ealled to order by the President.
By unanimous consent the call of the roll was dispensed ''ith.
Under the head of unfinished business the following bill was taken up for consideration:
By Mr. DuBose of Clarke, and :Jir. Culpepper of Fayette-
A bill io make appropriations for expenses of departments and public institutions of State.
l\Ir. Foy offered the following amendment:
By striking $85,000.00 in Section 6, Sub-seetion 2, Item A, and inserting in lieu thereof $95,000.00.
1fr. Foy called for the ayes and nays on the adoption of the amendment, and the call was sustained.

TuESDAY, AuGcsT 9, 1921.

917

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Brown, L. C. Cone, Howell Ellis, R. C. Fleming, W. 0.

Foy, John E. Golucke, Alvin G. Hutchins, H. C. Jones, John H. Lassiter, W. H. Manson, Frank C.

Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Thorpe, E. M. Wall, Dan

Those voting in the negative were Messrs.:

Boykin, James H. Jackson, J. B.

Campbell, R. W. Johns, G. A.

Childs, E. W.

Jones, 0. K.

Collum, J. M.

Kimzey, Sam

Davison, J. E.

Mills, J. H.

Fleming, Denis

Nix, 0. A.

Haralson, Pat

Palmour, J. E.

Hollingsworth, J. C. Peacock, C. H.

Hunt, T. M.

Pope, David F.

Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Walker, B. F. Williams, Wiley Wohlwender, Ed Womble, M. D.

Those not voting were Messrs. :

Bond, Chas. N. Colson, D. C. David, A. B.

Holmes, R. H. Richards, Will Stovall, E. B.

Weaver, J. D. Mr. President

A~es, 18, Nays 25.

And the amendment was lost.

Mr. Lassiter offered the following amendment:
Amend Section 6, Sub-section 2, Item C, by striking the figures $112,500 and inserting in lieu thPreof the figures $225,000.00.
On the adoption of the amendment, Mr. Lassiter called for the ayes and nays, and the call was sustained.

018

.JouRKAL OF THE SENATE

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were ~Iessrs.:

Akin, L. R. Brown, L. C. Ellis, R. C. Fleming, W. 0. Foy, John E.

Hutchins, H. C. Jones, John H. Lassiter, W. H. Manson, Frank C. Ridley, Dr. C. L.

Rountree, J. L. Sheffield, R. H. Thorpe, E. M.

Those voting in the negative were 1\Iessrs.:

Bellah, J. M.

Hunt, T. M.

Boykin, James H. Jackson, J B.

Campbell, R. W. Johns, G. A.

Childs, E. W.

Jones, 0. K.

Collum, J. M.

Kimzey, Sam

Cone, Howell

Mills, J. H.

Fleming, Denis

Nix, 0. A.

(}{)Iucke, Alvin G. Palmour, J. E.

Haralson, Pat

Pope, David F.

Hollingsworth, J. C. Snow, Russell E.

Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Walker, B. F. Wall, Dan W:eaver, J. D. Wohlwender, Ed Womble, M. D..

Those not voting were Messrs. :

Bond, Chas. N. Colson, D. C. David, A. B. Davison, J. E.

Holmes, R. H. Peacock, C. H. Richards, Will Stovall, E. B.

Williams, Wiley Mr. President

Ayes 13, Nays 28.

And the amendment was lost.
Mr. '!\!anson offered the following amendnwnt:
Amend Section 6, Sub-section 2, Item C, by striking the figures $112,500.00 and substituting therefor the sum $125,000.00.
l\fr. l\fanson called for the ayes and na~s, and the call was sustained.

Tl:ESDAY, AuausT 9, 1921.

919

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were ~Iessrs.:

Boykin, James H. Brown, L. C. Cone, Howell Ellis, R. C. Fleming, W. 0. Foy, John E. Hutchins, H. C.

Jones, John H. Lassiter, W. H. Manson, Frank C. Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E.

Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thorpe, E. M. Wall, Dan

Those voting in the negative were ~[essrs.:

Bellah, J. M.

Hunt, T. M.

Campbell, R. W.

Jackson, J. B.

Childs, E. W.

Johns, G. A.

Collum, J. M.

Jones, 0. K.

Fleming, Denis

Kimzey, Sam

Golucke, Alvin G. Mtlls. J. H.

Haralson, Pat

Nix, 0. A.

Hollingsworth, J. C. Palmour, J. E.

Pope, David F. Thomas, James R. Walker, B. F. Weaver, J. D. Wohlwender, Ed Womble, M. D.

Those not voting were Messrs. :

Akin, L. R. Bond, Chas. N. Colson, D. C. David, A. B.

Davison, J. E. Holmes, R. H. Peacock, C. H. Richards, Will

Williams, Wiley Mr. President

Ayes 19, Kct~'S 22.

And the amendment was lost.

~Ir. Lassiter offered the following amendment:

Amend Section 14, Sub-section 1, Paragraph (D), by striking the amount $1 ,250,000 ''in the second line of said paragraph and inserting in lieu thereof the amount $1,500,000. ''

l\fr. Lassiter called for the ayes and nays on the adoption of the amendment, and the call was sustained.

920

J OlJRX AL 0}' THE ~E~ ATE

The roll call was ordered and the Yote wa:,; as follows:

Those votillg m the affirmative were l\Iessrs.:

Fleming, W. 0. Golucke, Alvin G. Haralson, Pat Hutchins, H. C.

Jones, John H. Kimzey, Sam Lassiter, W. H. Ridley, Dr. C. L.

Tarpley, R. 0. Womble, lVI. D.

Those Yoting in the negative were l\1essrs.:

Bellah, J. M. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. ::\1. Cone, Howell Ellis, R. C. Foy, John E.

Hollingsworth, J. C. Pope, David F.

Hunt, T. M.

Sheffield, R. H.

Jackson, J. B.

Snow, Russell E.

Johns, G. A.

Taylor, Geo. W.

Jones, 0. K.

Thomas, James R.

Mills, J. H.

Thorpe, E. M.

Nix, 0. A.

Walker, B. F.

Palmour, J. E.

Wohlwender, Ed

Those not voting were Messrs. :

Akin, L. R. Bond, Chas. N. Boykin, James H. Colson, D. C. David, A. B. Davison, J. E.

Fleming, Denis Holmes, R. H. Manson, Frank C. Peacock, C. H. Richards, Will Rountree, J. L.

Stovall, E. B. Wall, Dan Weaver, J. D. Williams, Wiley Mr. President

Ayes 9, Kays 24. And the amendment was lost.

'rhe report of the Committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an appropriation, the roll call was ordered and the vote was as follows:

TuESDAY, .At:GusT 9, 1921.

921

Those voting in the affirmative were l\Iessrs.:

Bellah, J. M. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. G<>lucke, Alvin G. Haralson, Pat

Hollingsworth, J. C. Rountree, J. L.

Hunt, T. M.

Sheffield, R. H.

Jackson, J. B.

Snow, Russell E.

Johns, G. A.

Taylor, Geo. W.

Jones, John H.

Thomas, James R.

Jones, 0. K.

Thorpe, E. M.

Kimzey, Sam

Walker, B. F.

Lassiter, W. H.

Wall, Dan

Mills, J. H.

Wo!llwend.er, Ed

Nix, 0. A.

Womble, M. D.

Palmour, J. E.

Mr. President

Pope, David F.

Ridley, Dr. C. L.

Those not voting were Messrs. :

Akin, L. R. Bond, Chas. N. Colson, D. C. David, A. B. Davison, J. E.

Holmes, R. H. Hutchins, H. C. Manson, Frank C. Peacock, C. H. Richards, Will

Stovall, E. B. Tarpley, R. 0. Weaver, J. D. Williams, Wiley

Ayes 3i, Xays 0.

The hill having received the requisite constitutional majority was passed.

::\Ir. Snow moved that the Senate acljoum until 11 o 'dock in the morning, and the motion prevailed.

The President mmomwcd the Senate adjourned until tomorrow morning at 11 o'clock.

922

JouRxAL oF THE SENATE

SENATE CHAMBER, ATLAXTA, GA.,
August lOth, 1921.
The Senate met pursuant to adjournment at 11 o'clock A. ~L, and was called to order b)~ the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
l\Ir. Foy, Chairman of tlw Committee on Journals, reported that the journal of yesterda~, 's proceedings had been examined and found to be correct.
B~ unanimous conse>nt tlw reading of the journal of yesterday's proceedings was dispensed with.
The following resolution was read and adopted:
A RESOLrTIOX By Senators Clay of 39th, Nix of 51st, au<l walker
of 18th. Be it resolved, That the Senate le>arns with deep regret of the illness of Senator J oc Ben .Jackson and Senator C. L. Ridley, and hopes for them a spced~ recovery, and the Senate expresses deep s~mpathy for each of them.
CLAY, 39th. \VALKER, 18th.

Jlr. President:
Your Committee on \Vestern and Atlantic Railroad beg lea,e to submit herewith our report:
The \Yestern and Atlantic Railroad is a standard, single-track, main line road connecting Atlanta, Georgia, with Chattanooga, Tenn., being 136 8/10 miles in length, of which 121 3/10 miles are in Georgia, and 151h in Tennessee. It has no branch lines; it nms in a northwesterl~ direction through Fulton, Cobh, BartmY, Gordon, \Yhitfielcl and Catoosa. Counties in Georgia, and through Hamilton County in Tennessee.
Taken in its entirety, it may be with some qualification said that the \Y. & A. is a most excellent railroad, and is maintained up to a high standard. However, most of the depots, section houses and other buildings are in need of repair, and the depots are inadequate to the demands of traffic; all the bridges arc in good condition, but with hem~ traffic the~ seem in some cases rather light.
The sidetracks are the best lot of switches we ha,e ever examined; the roadbed is for the most part in excellent shape; "e find in some cases new tics are needed. The waterwa~s and culverts taken as a whole .are in remarkably good condition.
The chief value of the road is in Atlanta and Chattanooga Terminals, these being located in the actual business center of each city.
\Ve recommend that passenger depots be erected at the following towns along the road, namely:

924

Jo-cRXAL OF THE SEXATE

Marietta, Cartersville, Calhoun and Dalton, and that rain sheds be built at the other .points along the road.
The Committee respectfully calls your attention to the net cash rental, and as a part of the consideration of the lease the lessee stipulates in the contract that it will expend during the term of the lease in betterments and additions to the property leased, property chargeable to capital account under the Interstate Commerce Commission's Accounting Rules, and exclusive of ordinary repairs and maintenance to keep the property in first-class condition, so as to adequately and efficiently discharge its duties as a common carrier of passengers and freight, not less than the aYerage annual sum of $60,000.00.
\Ye recommend that a committee of five be appointed by the President of the Senate to call upon the Railroad Commission for the purpose of ascertaining whether or not this part of the lease contract has been complied with, and if it be found that said provision has not been complied with, then and in that event, to request the Railroad Commission to enforce compliance therewith.
\Ye wish to extend to Captain Baldwin our thanks and appreciation for his kind consideration of the committee.
Respectfull~ submitted,
DAviD, Chairman.

The following bill was read the third time and put upon its passage:

"'WEDNESDAY, .AUGFST 10, 1921.

9~5

B~ 1\fr. ~'letcher of Irwin-
A bill to repeal an Act establishing public school system of Ocilla.
The report of the Committee, which was favorable to the passage of the bill, was ag-reed to.
On the passage of the bill the Ayes were 40, Nays 0.
The hill luwing neei,ed the requisite constitutional majorit~ was passed.

The following bill was read the third time and put upon its passage:

By Mr. Boswell of Greene-
A bill relative to wrongful sale of mortgaged property.
The report of the Committee, which was fmrorable to the passage of the bill, was agreed to.
On the passage of the hill the A~cs were 2G, Kays 0.
The hill having rccciwd the requisite eonstitutional majority was passed.

The following bill was nad the third time and put upon its passage:

By :Messrs. Hateher and Perkins of :\Iuscogce-
A bill to regulate the usc of motor vehicles upon the public highways.

926

.JOURN"AL OF THE SE~ATE

The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
On the passage of the bill the A~es were 29, Kays 0.
The bill having receiYed the requisite eonstitutional majorit~- was passed.

The following bill was read the third time and put upon its passage:

By :Yir. Lankford of Toombs-
A bill to amend Act relatiYe to public roads of Toombs County.
The report of the Committee, which was fmorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, .Nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill was read the third time and put upon its passage :

By Chatham Delegation-
A bill to provide that Grand Juries he required to examine public records in certain counties.
The report of the Committee, ~which \\'as favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 40, Nays 0.

\YEDXE:SDAY, AeGL":ST 10, 19:21.

9:27

The bill haYing recciYPd the requisite constitutional majority was passPd.

The following hill was read the third time and put upon its passage:

By Mr. Lewis of Colquitt-
A hill to amend charter of Cit~ of .:\Ioultrie.
The report of the Committet>, \\hich was faYorable to the passage of the hill, was agreed to.
On the passage of the bill the A~es were 40, ~a~s 0.
The bill h<n-ing receiYecl the requisite constitutionalmajorit~ was passed.

'l'he follo\\i11g bills wen' rcall the third time and put upon their passage:

By Messrs. Hawkins and Hyman of \Vashington-
A bill to abolish Tennille School District.
The report of the CommittPc, which was faYorable to the passage of the hill, was agreed to.
On the passage of the bill the A~es \Ycre 40, Xa~s 0.
The bill having recciYell the requisite constitutional majority was passed.

By .:\Iessrs. \Villiams and Adams of \Valton-
A bill to amend Act incorporati11g Town of Loganville.

JoL"RXAL oF THE SE~ATE
The report of the CommitteC', which \Yas fayorahle to thC' passage of the hill, was agTC'ecl to.
On tllC' passage of thC' hill the AyC's WC'rC' 40, Xa~'S 0.
rfhe bill haYing rPceiYed the requisite constitutional majorit~ was passed.
B~ :\Ir. Brown of Emanuel-
A bill to repral Ad incorporating Town of Xorristown.
TllC' report of tlw C'ommittC'C', which was fayorahlC' to thC' passage of the bill, was agreed to.
On tlw passage of the hill the A~ps were 4-0, Xa~s 0.
The hill having recei\ed the requisite constitutional majorit~ was passed.
The follo\Ying resolution was read the third time and put upon its passage:
B~ l\I r. David-
A resolution to dired lPssees of \\T. & A. H. H. to ered dC>pots i11 certain eitiC's.
The report of the Committee, which was faYorable to the passage of the resolution, was agreed to.
On the passage of thC' resolution the A~C's wen' 29, Nays 1.
The resolution haYing receiYC'cl the requisite constitutional majority was passed.

\VED:\!EoD.u, A1:G1:wr 10, 1921.

9~9

Mr. President:
The House has disagreed to the Senate substitute for House Bill No. 24.
The House has passed as ament;led Senate Bill Xo. 49.
A bill to provide for the disposal of the Governor's Mansion.
.The President appointed the following as a Conference Committee on the part of the Senate to art under House Bill 24:
::\[essrs. Ellis, Campbell, Kimzey.

The following message was received from the House through :J[r. ::\foore, the Clerk thereof:
.Mr. President:
The SpNi.ker has appointed the follo"ing members of the House as a Conference Committee on the part of the House to consider House Bill Xo. 24-, known as the State Highway Bill:
::\[c::\[iehael of }[arion, DeLaperriere of J aekson. Carswell of \Yilkiuson, Arnold of Clay, Davis of Oglethorpe.
}Jr. President: \Ve, your Conference Committee on House Bill
Xo. 24, known as the Highway Bill, passed by the.

9:~0

.Jol:RXAL OJ<' THE SENATE

Senate by substitute, bC'g lC'ave to make the following recommendations:
'Ye have carC'fully considered the positions taken by both the House and the Senate, and han agreed upon a suhstitute for the suhstitute off<>lwl b~ the Senate. The provisions of the substitute offered b~ ~our Committee n'Jnesellt as far as WP could agree the main principles of both hills, and it is our t>arnest desire that it be accepte1l.
R~sp::dfull~ suhmitted,
l~LLIS of 4-7th District,
C.HII'BI<~LL of the 34th District,
~tuvr KnrzEY,
:Mcmb:)rs of th~ Senate.

l\fd\frc HAEL, DAns of Oglethorpe', GEo. H. ( 'ARSWELL of 'Yilkinsou,
ZACH AHXOLll,
DEL\rEmmmE of .Jackson, Memlwrs of tlw Hous~.

CON~'J<]REK('I<} ('0.\ll\flTTJ<}l<~ Sl~BS'riTUTJ<~
I<'OR SEKATg SUBSTITrTI~ TO HOrSE BILL XO. 24-.
A BILL
To be entitled an Act to amt>nd au Act entitled ''An . Act to reorganize and reconstitute the State High-

\YEDXESDAY, .ArGUST 10, 1921.

931

way Department of Georgia and to prescribe the duties and powers thereof; to create a system of State Aid Roads and provide for the destination, maintenance, improYemcnt and construction of the same; to crt>ate and provide for a State Aid Road Fund, and for the control and management thereof; to proYidc for the paving of said State Aid Roads h~ tlw State, or in co-op3ration with the counties, or with tlw unite>d States Gonrnment; to proYidt' for assistanet> to counties upon the public roads th2nof, and in retiring county road bonds; to assent to the provisions of the Act of Congress, approved .Jul~ 11, 1916, known as the '.Ad to prmidP that the rnited States shall aid the State in the eonstrurtion of rural post roads, and for tlw other purposes'; to provide tlw right to condemn propertr for State Aid Roads in certain cases; to prmide for a change in the manner of the selt>ction of the chairman and other mc:mhers of tlw Board, and for other purposes."
Section 1. Be it enactPd h~ the G~'neral Ass:-mbly of the State of Georgia, am1 it is hereby enacted by the authority of the same, that Provision 3 of Section 2 of Article 5 on Page 249 of the Georgia Laws of 1919, be amended as follows:
By striking the figures and words in the last line of ProYision 3, to wit:
"4,800 miles" and inserting in lieu thereof the words and figures, '' 5,500 miles.''
And by adding the following provision, to wit:
Provided that the said State Highway Department shall take over the State Aid Roads as afore-

J Ol_TRX AL OF THE SEKATE
mentioned on or before January 1, 1922, and provided further that when the various counties have complied with the law with reference to rights-ofway, and provided further that the said Highway Department in taking over said road is not bound to the right-of-way of the road beds as located on January 1, 1922, but shall have the right to resurvey and relocate said road bed and right-of-way and it shall be the duty of the county or counties in which resurveys and relocation is made to furnish the right-of-way on the relocation and resmTe~' free of charge to said Highway Department. Provided, that in relocating any road or right-of-way the State Highway Department shall confer with the Orclinar~' or County Commissioners, as the case may be, and gi\'e due consideration to their wishes, but in case of disagreement, the judgment of the State Highway Board shall prevail.
Sec. 2. Be it further enacted that Section 7, Article 5, found on Page 251 of the Georgia Laws of 1919, known as an Act to create the Highwa~' Department, be and the same is hereb~, repealed, and a new section enacted in lieu thereof, as follows:
''That until the construction of the said desiguated system of State Aid Roads is completed all a\'ailable funds from whatever source composing the State Aid Road fund shall be used for the construction of and maintenance of said State Aid Roads and to be apportioned to the several counties on the basis of the road mileage as shown by the Statl s.'-stem and under the directions and supervision of the State Highway Department, and for the support of the said State Highway Department, or in lieu

'VEDXESDAY, AliGL"ST 10, 192L

933

thereof, to refund to, or to reimburse counties which have actually constructed a similar road under thP specifications and supervision of the State Higlnnl~ Department, as a part of said designated State Aid Road system. Provided, that the sum 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, 1921, and for all succeeding fiscal years beginning on the first day of July in each calendar year thereafter. .Provided further, that said sum shall not exceed six per cent. of the gross expenditures of all funds handled by and expended by and under the direction of said State Highway Department from all sources.
''Provided that nothing herein shall prevent the State Highway Department from using any of its funds to meet the necessary requirements of the Federal Laws appropr;iating money for the purpose of constructing highways in Georgia.
''That nothing in this provision or in any other provision of this law shall be construed to mean that the county cannot appropriate and spend any funds they desire on building and maintaining an~ of the State Aid Roads.''
Sec. 3. Be it further enacted, That before the amounts to be distributed are apportioned as provided in Section 2 of this amendment, the State Highway Board is authorized to set aside the sum of $50,000 to be used in emergencies only. Provided that if such funds are not expended on such emergency work by December first of any year, said funds

934

J OURXAL OF THE SENATE

shall revert to the general fund and be apportioned among all the co1.mti<'s of the State, as lH'reinbefon: provided.
Sec. 4. Be it further enacted, That the counties and State Highway Board shall have the right to enter into agreements for the pmpose of using the funds of such count~ or counties to coilstruct some portion of the State Highway where the funds for the one county arc not suffieient; provided, however, that it must be a mutual agreement between the county or counties and the State Highway Board entered into in writing and spread upon the minutes of the proper authorities of the county or counties and upon the minutes of the State Highway Board.
Sec. 5. Be it further enacted, That S<'ction 2 of said Act be amend<:'d by adding after the words, "Governor of tho State," the words, "And confinned by the Senate.''
Sec. 6. Be it further enacted, That all of Paragraph 3 of Section 2 of said Act be stricken and the following paragraph inserted in lieu thereof, to wit:
That the Governor of the State shall designate the member of said Board, who shall act as chairman thereof, and said appointment shall be confirnwcl b~ the Senate. Provided, further that the term of office of all initial appointees shall include in addition that fractional part of the year interwning between the date of appointment and .January first of the succeeding cal<'ndar ~ear, from which latter date the two, four and six ~ear terms of office shall be reckoned.

VYEDXESDAY, .AUGUHT 10, 19:21.

935

Sec. 7. Be it further enacted, That Paragraph 5 of Section 2 of said Act be and the same is hereby stricken, and a new paragraph inserted in lieu thereof, which shall read as follows:
That when the chairmanship is made \acant by death, resignation or other cause, the succ~ssor to that office shall be designated by the Governor and confirmed by the Senate, and shall hold office for a term consistent \\ith other provisions of this Act.
Sec. 8. Be it further enacted, That this Act is not to become a law until January 1, 1922.
Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conftiet with this Act he and the same are hereby repealed.
The report of the Committee was adopted, and the substitute was concurred in.

The following message was received from the House through :\Ir. l\Ioore, the Clerk thereof:

JJ r. President:

The report of the Conference Committee on House Bill Ko. 24 was read and adopted.

A bill to amend an Act known as the Georgia :\[otor Vehicle relative to the sale of tags.

l\Ir. Clay asked unanimous consent that the Sen-

ate extend its session to 1 :30 o'clock, go into exec-

utive session and after dissolution of executive ses-

sion, take a recess till 3 :30 o'clock, and the consent

was granted.



936

JouRXAL oF THE SExATE

The following resolution was read and unanimously adopted by a rising vote :

RESOLUTION'.
'Whereas, the President of this Senate has during the present session, presided over this body with justice, fairness and impartial consideration for the rights as well as for the feelings of enry Senator; and,
whereas, by his conduct as presiding officer he has won the respect and love of the Senate and its eYery member.
Therefore be it resolYed, That there he extended to our President the thanks of the Senate, and that this resolution be accepted by him as an eYidence of our admiration, love and respect.
FoY, 1st, CAl\IPBELL, 34-th, Cmm, 49th, \VALKER, 18th, AxD OTHERS.
The following resolutions were read and adopted:

By l\Ir. Bradfield of \Vhitfield-
A resolution concerning burial of Confederate dead.

By Mr. Hunt of 20th-
A resolution providing for joint committee to in,~estigate State Sanitarium at l\1illedgeYille.

\VEo:\'EsoAY, A L'Gl:sT 10, 1921.

g:r1

.:\Ir. Bond, Chairman of the Committee on Enrollment, submitted the following report:

J.l:lr. President:
Your Committee OB l~nrollment report as duly enrolled and read~ for the signatures of the President of the Senate and Speaker of the House of Represe.ntatives the follmYing bills and resolutions, to wit:
A resolution authorizing GoYernor to contract in litigation pending in Supnme Court of enited States between State of Georgia, T"ennessee Copper Compan~ and Ducktown Sulphur Copper & Iron Company.
A bill to amend Code prohibiting the running of freight trains except as therein prmided.
A bill to prescribe the bill of cost in cases carried to Supreme Court and Court of Appeals.
A bill to make unlawful any fraudulent statement to secure claim against insurance companies.
A bill to proYide for the election franchise of females.
A bill to repeal an Act for collection of special tax from residents of Bacon County subj.ect to road duty.
A bill to amend Act toprovide for nturns of elections for State House officers.
A hill to amend Act to regulate professional nursing.

938

.JoL"RXAL OF THE SENATE

A bill to create "Georgia State Board of Forestry.''
A bill to amend Act regulating taking of shad from waters of this State.
A bill to proYide for lease of "GoYernor's .:\Iansion. ''
A bill to amend charter of RossYille.
A hill to amend Act codifying school laws of Georgia.
A resolution to direct lessees of \Y. & A. Railroad to erect depots in certain cities.
A bill to amend Act to establish a Department of Insurance.
A bill to allow l\fa~'Or and Council or Commissioners of Roads and HeYenues to regulate recording of plats and sub-diYiding lamls in counties of :200,000 population or more.
A bill to provide two additional terms of Superior Court of Clayton County.
A bill to amend an Act to abolish Board of Roach; and Revenues for \Yalker Count~'.
A bill to amend charter of Omaha.
A bill to permit ~Iutual Fire Insurance Companit>s to issue surplus guarantee certificates.
A bill to regulate certai;l matters of rene"' pro-
cedure in Courts of this State.
A bill to increase fees of. Coroners, Constables, .Turors for selTices in connection with inquPsts.

A bill relating to creation of State Board of Architects.
A bill to amend the ''Inheritance Tax Act.''
A bill to reorganize military forces of State.
A bill to provide for payment of actual cost incurred in Superior and City Courts for trial and conYiction in certain counties.
A bill to ameitd an Act to incorporate Hillsboro.
A bill to amend charter of Brunswick.
A bill to amend drainage laws.
A bill to amend Act to regulate public instruction in Glynn County.
A bill to amend Code relative to incorporation of interurban railway companies.
A bill to repeal au Act to create Board of Commissioners of Roads and Revenues for Cobb County.
A bill to authorize City of ~Iarietta to submit to the voters the question of a bond issue.
A bill to create a new Senatorial District.
A bill to amend charter of Glenwood.
A bill to establish Cit~~ Court of Fitzgerald.
A bill to amend Section 82 of Code relative to ''Secretary of State.''
A resolution proYicling for joint committee to investigate District Agricultural Schools.
A resolution branding as false certain rumors as to a famine in Georgia.

94-0

.JouRXAL OF THE SENATE

A resolution to provide for joint committee to consider tax measures.
A resolution providing for a joint committPe to investigate State Sanitarium.
A bill to amend Act to aid in establishing one or more public schools in each county of State.
A bill to amend the school laws of Georgia.
A bill to provide for foreclosure of bills of sale in any amount.
A hill to promote intelligent marketing of agricultural products.
A bill to amend "Georgia :I\Iotor Vchicle Law."
A bill to amend Section 2825 of Code rl'latin to reviver of corporations.
A bill to amend Act to create office of Commissioners of Roads and Revenues for Butts County.
A bill to amend Act creating City Court of Gra~.

~Ir. B. F.- walker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report:

Jlr. President:
Your Committee on Appropriations and Finm1ce has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate, with the recom mendation that the same do pass, to wit:

"'VEDXESDAY, AuausT 10, 1921.

941

House Bill 421 by Grant, of Habersham and Williams of vValker.
House Bill No. 249 by "'V. R. McDonald, Y.,T. B. Pilcher and E. B. Reville of Richmond.
House Bill187 by DuBose and Dudley of Clarke.
House Bill 293 b~ Bentley, Holloway and :Moore of F'ultou.
House Resolution 82 by Owen of Gordon, Davis of ]'loyd, et al.
House Bill 526 by Culpepper of Fayette.
Respectfully submitted,
B. F. "'VALKER, Chairman.

M.r. B. F. walker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report:

Jir. President:
Your Committee on Appropriations and :B,inance has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same haek to the Senate, with the recommendation that the same do pass as amended, to wit:
House Resolution 34 by Stovall of .:\IcDuffie.
House Bill 259 b~- DuBose and Dudley of Clarke.
Respectfully submitted, B. F. \VALKER, Chairman.

942

J OURKAL OF THE SENATE

Mr. Lassiter, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

111r. President:
Your Committee on General Judiciary Xo. 1 ha~:> had under consideration the following bills of the House, and instructed me, as their Chairman, to report the same back to the Senate, with the rerommendation that the same do pass, to wit:
House Bill No. 34.
.2\Ir. B. :B'. walker of 18th, Chairman of the Committee on Appropriations and Ji'inance, submitted the following report:

Mr. President:
Your Committee on Appropriations and Finanre has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate, with the rero11 tmendation that the same do not lJ<lSS, to wit:
House Bill No. 179 by Ennis of Baldwin, providing for deficiency for maintenance of Georgia State Sanitarium.
House Bill 322 by Brantley of PierCl', creating Georgia Children's Code Commission.
Respectfully submitted,
B. :B'. \VALKER, Chairman.
11r. B. F. vValker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report:

"~EDXESDAY, Aror:-;T 10, 1921.

94i1

!lfr. PresidPnt:
Your Committee on Appropriations and Finance has had under consideration the following bills of the House and instruct.ed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same be tabled until next session of General Assembly, to wit:
House Bill Xo. 420 by ~fundy of Polk, creatingState Iuwstig-atiug and Budget Commission.
Respectfully submitted,
B. F. 'VALKER, Chairman.

~Ir. B. "B~. \Valker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the following r<'port:

Mr. President:
Your Committee on Appropriations and Finance has had undt>r consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do not pass, to wit:
Senate Resolution Xo. 48 by Senator 'Yalkcr of 18th, being a substitute for the \Y. & A. discount bill.
Respectfully submitted,
B. F. 'VALKER, Chairman.
The following message was received from His Excellency, the Governor, through his Secretary, )fr. Blalock:

944

JorRxAr~ oF THE SEXATE

Mr. President:

I am directed by His Excellency, the Governor,

to deliver to the Senate a sealed communication, to

which he respectfully invites your attention in exec-

~tive session.



1tlr. President:
The House has concurred in the Senate substitute to House Bill No. 159.
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill to amend an Act known as the ''Inheritance Tax Act.''
A bill to amend the drainage laws of Georgia.
A bill to repeal an Act relative to road dut~ m the State.
A bill to amend an Act ereating the Cit,\ Court of Gray.
A bill to prescribe costs in Court of App('als cases.
A bill to provide for the exercise of tlw elective franehise by women.
A bill to amend an Act regulating shad in waters of State.
A bill to amend Constitution providing for a new Senatorial District.
Jlr. President:
The House has read m1<l a<lopte<l the following resolution, to wit:

\VED~ESDAY, A1:G1:ST 10, 1921.

945

A resolution concerning burial of the Confederate dead, etc.
The House has read and adopted the following resolution of the Senate, to wit:
A resolution for the relief of J. J. Price as suret~.
A resolution relatiYe to erection of Spring street viaduct.

Mr. PrPsidPnf:
The House has passed by the requisite constitutional majorit~ the following bills of the Senate, to wit:
A bill to amend Section 414 of Code of 1910 p:rohibiting the running of freight trains except under certain conditions.
The House has passed by the requisite constitutional majority tlw following bill of the Senate by
subsitute, to wit:
A bill to amend Section 3~98 of Code of 1910 to proYide for foreclosure of bills of sale.

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill to prO\idc for disposal of the Governor's .:\[ansion.
The House has rt>ad and adopted the following resolution, to wit:

946

JouRNAL oF THE SENATE

A resolution providing for a temporary residence for the Governor of Georgia.

lf!Jr. President:
The House has passed by the requisite constitutional majorit~' the following bills of the Senate, to wit:
A bill to amend an Act to create a Board of Commissioners of Roads and Rennues for the County of Butts.
A bill creating an investigating committee to be known as the "Georgia State Board of Forestry."
A bill to amend an Act to aid in the maintenance of consolidated public schools.
A bill to regulate procedure and practice in the Courts of this State.
A bill to amend an Act to regulate the practice of professional nursing in the State.
A bill to amend an Act to reorganize the military forces of this State, etc.
A bill to make it unlawful to make false statements to secure claims against insurance companies.

Jir. President:
The House has a~;reed to the Senate amendments to House Bill Xo. 525, House Resolution No. 62.

Jlfr. President:
The House has passed by the requisite constitutional majority the following hills of the Senate, to wit:

WEDNESDAY, AUGUST 10, 1921.

947

A bill to amend an Act providing for election returns.
A bill to amend Section 82 of the Code of 1910.
A bill to amend Section 152 of the Code of 1910, relative to the revivers of corporations.

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, to wit:
A bill to promote the intelligent and orderly marketing of agricultural products through co-operation, and other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:

JJ.J r. P1esident:
The House has read and adopted the following resolution, to wit:
A resolution requesting the Governor to return House Bill No. 439 to the House for correction.

Mr. Preside11f:
The House has read and adopted the following resolution of the Senate, to wit:
A resolution to direct lessees of the \V. & A. R. R. to erect new depots in certain cases.
The House has read and adopted the following resolution:

948

JouRNAL OF THE SEKATE

A resolution requesting Governor to han~ au architect investigate the defects in the Hall of Representatives.
The following resolution was read the third time and taken up for consideration:

By Mr. Stovall of 1\fcDuffie-
A resolution to appropriate $1,050,000 to complete payment of pensions.
The Committee offered the following amendment:
To amend House Resolution 34 by adding a new resolution at the end of the eighth line on page 3 of said resolution, and such amendment to be known and made as resolution number three:
"Resolnd further, That the sum of $250,000.00 be and the same is hereby appropriated for each of the years 1922 and 1923 to the pension fund, to be applied and to be an additional appropriation to the pension fund as made and appropriated in the general appropriation bill known as House Bill No. 89 in item (D), sub-section 1, of main section 14, of said appropriation and House Bill.
"This amount hereby appropriated to be added and consolidated with the amount of $1,250,000 as appropriated in said House Bill 89 and known as the appropriation bill. The appropriation made in this item of the resolution to be paid from any funds or revenues that are in the Treasury after the other items of appropriations that is provided for in said House Bill No. 89 and known as the appropriation bill, have been cared for."
The amendment was adopted.

\VEDXESDAY, ALTGl:ST 10, 1921.

949

The report of the Committee, which was fa,orable to the passage of the resolution as amended, was agreed to:
The resolution involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were :\Iessrs.:

Akin, L. R.

Holmes, R. H.

Bellah, J. M.

Hunt, T. M.

Bond, Chas. N.

Jackson, J. B.

Boykin, James H. Johns, G. A.

Brown, L. C.

Jones, John H.

Childs, E. W.

Jones, 0. K.

Cone, Howell

Kimzey, Sam

Davison, J. E.

Lassiter, W. H.

Ellis, R. C.

Mills, J. H.

Fleming, W. 0.

Nix, 0. A.

Foy, John E.

Palmour, J, E.

Gi>lucke, Alvin G. Peacock, C. H.

Haralson, Pat

Pope, David F.

Hollingsworth, J. C. Iiichards, Will

Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Walker, B. F. Wall, Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

Those voting in the negative were Messrs.:

David, A. B.

Snow, Russell E.

Those not voting were Messrs.:

Campbell, R. W. Collum, J. M. Colson, D. C.

Fleming, Denis Hutchins, H. C. Manson, Frank C.

Thorpe, E. M. Mr. President

Ayes 41, Nays 2.

The resolution having received the requisite constitutional majority was passed as amended.

The following bill was read the third time and taken up for consideration:

950

JouRNAL OF' THE SEXATE

By Messrs. Grant of Habersham and williams of "\Valton-
A bill to appropriate $5,000.00 to Ninth District A. & M. and $4,000 to Fifth District A. & :M. School.
The report of the Committee, which was fayorable to the passage of the bill, was agrcc>d to.

The bill involving an appropriation, the roll eall was ordered and the vote was as follows:

Those voting in the affirmative were ::\Iessrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Collum, J. M. Cone, Howell David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Haralson, Pat

Richards, Will

Hollingsworth, J. C. Ridley, Dr. C. L.

Holmes, R. H.

Rountree, J. L.

Hunt, T. M.

Sheffield, R. H.

Jackson, J. B.

Stovall, E. B.

Johns, G. A.

Tarpley, R. 0.

Jones. John H.

Taylor, Geo. W.

Jones, 0. K.

Thomas, James R.

Kimzey, Sam

Thorpe, E. M.

Lassiter, W. H.

Walker, B. F.

Mills, J. H.

weaver, J. D.

Nix, 0. A.

Wohlwender, Ed

Palmour, J. E.

Womble, M. D.

Peacock, C. H.

Those voting in the negative were ::\lessrs. :
Snow, Russell E.

Those not voting were Messrs. :

Childs, E. W. Colson, D. C. Golucke, Alvin G.

Hutchins, H. C. Manson, Frank C. Pope, David F.

Wall, Dan Williams, Wiley Mr. President

Ayes 41, Nays 1.

The bill having received the requisite constitutional majority was passed.

-WEDNESDAY, AuGUl;T 10, 1921.

951

The following bill was read the third time and taken up for consideration:

By 1.1essrs. DuBose and Dudley of Clarke-
A bill to provide for deficiencies in appropriations for salaries of Judges of Supreme Court, etc.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

The bill involvi11p; an appropriation, the roll call was ordered and the vote was as follows:

Those voting iu the affinnative were .:\Iessrs.:

Akin, L. R.

Holmes, R. H.

Bellah, J. l\1:.

Hunt, T. M.

Bond, Chas. N.

Hutchins, H. C.

Boykin, James H. Jackson, J. B.

Brown, L. C.

Johns, G. A.

Childs, E. W.

Jones, John H.

Cone, Howell

Jones, 0. K.

Davison, J. E.

Kimzey, Sam

Ellis, R. C.

Lassiter, W. H.

Fleming, W. 0.

1\Hils, J. H.

Foy, John E.

Nix, 0. A.

Golucke, Alvin G. Palmour, J. E.

Hollingsworth, J. C. Peacock, C. H.

Richards, Will Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. 'Veaver, J. D. Wohlwender, Ed Womble, M.D.

Those not voting were Messrs. :

Campbell, R. W. Collum, J. M. Colson, D. C. David, A. B. Fleming, Denis

Haralson, Pat Manson, Frank C. Pope, David F. Stovall, E. B. Walker, B. F.

Wall, Dan Williams, Wiley Mr. President

Ayes 38, Nays 0.

The bill having received the requisite constitutional majority was passed.

952

.Jm:RXAL OF THE SK~ATE

Thc following rt>solution was read the third time and taken up for c-onsideration:

By Messrs. Hawkins and Hyman of "~ashington, et al-
A resolution appropriating funds to nimhursc merdumts who paid cigarette and tobacco tax.
The report of the Committee, which was faYorable to the passage of the resolution, was agreed to.

The resolution involving an appropriaiton, the roll call "as ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell David, A. B. Davison, J. E. Ellis, R. C. Fleming, W. 0. Foy, John E.

Golucke, Alvin G. Palmour, J. E.

Haralson, Pat

Peacock, C. H.

Hollingsworth, J. C. Pope, David F.

Holmes, R. H.

Richards, Will

Hunt, T. M.

Rountree, J. L.

Johns, G. A.

Sheffield, R. H.

Jones, John H.

Tarpley, R. 0.

Jones, 0. K.

Taylor, Geo. W.

Kimzey, Sam

Walker, B. F.

Lassiter, W. H.

Weaver, J. D.

Manson, Frank C. Williams, Wiley

Mills, J. H.

Wohlwender, Ed

Nix, 0. A.

Womble, M. D.

Those not voting were Messrs. :

Boykin, James H. Colson, D. C. Fleming, Denis Hutchins, H. C.

Jackson, J. B. Ridley, Dr. C. L. Snow, Russell E. Stovall, E. B.

Thomas, James R. Thorpe, E. M. Wall, Dan Mr. President

Ayes 39, Xays 0.

The resolution having receiYcd the requisite constitutional majority was passed.

\VED)lESDAY, Al:ol:sT 10, 1921.

95a

Under the order of business set by the rules committee, the following hill unfavorably reported, was taken up for consideration:

B~ ~Ir. ~~nnis of Baldwin-
A bill to appropriate $150,000.00 to supply dcficicnc~ of Georgia State Sanitarium.

l\fr. Hunt mond that tho Senate disagree with tho report of tho Committee, which was unfavorable to the passage of tho hill.

:\Ir. Jones of 37th, called for ayes and nays and tho call was sustained.

The roll call was ordered and tho vote was as follows:

Those voting in the affirmative were )Iessrs.:

Akin, L. R. Bond, Chas. N. Campbell, R. W. Collum, J. M. Cone, Howell Davison, J. E.

Ellis, R. C. Golucke, Alvin G. Hunt, T. M. Hutchins, H. C. Jones, John H. )fanson, Frank C.

Mills, J. H. Richards, Will Sheffield, R. H. Walker, B. F. Womble, M.D. Mr. President

Those voting in the negative were l\Iessrs.:

Bellah, J. M.

Jones, 0. K.

Childs, E. W.

Kimzey, Sam

Haralson, Pat

Lassiter, W. H.

Hollingsworth, J. C. Nix, 0. A.

Holmes, R. H.

Peacock, C. H.

Johns, G. A.

Snow, Russell E.

Tarpley, R. 0. T~ylor, Geo. W. Thomas, James R. Thorpe, E. M. Wall, Dan

954

J"ol:RXAL m THE SEXATE

Those not voting were Messrs. :

Boykin, James H. Brown, L. C. Colson, D. C. David, A. B. Fleming, Denis
Fleming, w. 0.

Foy, John E. Jackson, J. B. Palmour, J. E. Pope, David F. Ridley, Dr. C. L. Rountree, J. L.

Stovall, E. B. Weaver, J. D. Williams, Wiley Wohlwender, Ed

Ayes 18, Nays 17.

The motion to disagree with report of ( ~ommittee
preYailed.

The bill involving an appropriation, the roll call was ordered and the Yote was as follows:

Those voting in the affirmatiw were :\ltssrs.:

Bond, Chas. N. Boykin, James H. Brown, L. C. Cone, Howell David, A. B. Davison, J. E.

Ellis, R. C. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Manson, Frank C. Mills, J. H.

Pope, David F. Sheffield, R. H. Walker, B. F. Wohlwender, Ed Womble, M. D.

Those voting in the negatin were Messrs.:

Bellah, J. M.

Jones, 0. K.

Campbell, R. W.

Kimzey, Sam

Childs, E. W.

Lassiter, W. H.

Collum, J. M.

Nix, 0. A.

Foy, John E.

Peacock, C. H.

Hollingsworth, J. C. Rountree, J. L.

Holmes, R. H.

Snow, Russell E.

Johns, G. A.

Stovall, E. B.

Tarpley, R. 0. Taylor, Geo. W. Thorpe, E. M. Wall, Dan Weaver, J. D. Williams, Wiley

Those not voting were Messrs. :

Akin, L. R. Colson, D. C. Fleming, Denis Fleming, W. 0.

Golucke, Alvin G. Haralson, Pat Jones, John H. Palmour, J. E.

Richards, Will Ridley, Dr. C. L. Thomas, James R. Mr. President

Ayes 17, Kays 22.

\YEDXESDAY, A"LTG"('ST 10, 1921.

955

The bill having failed to receive the requisite constitutional majoritr was lost.

The following message was received from His Excellency, the Go-vernor, through his Secretary, Mr. Blalock:

Mr. PrPsidPnt:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respertfully invites your attention in executive session.

The follO\\'ing message was received from His Excellency, the Gon~rnor, through his Secretary, 1Ir. Blalock:

Mr. Prn;ident:
I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing, to which he respectfully invites your attention.

The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blalock:

111r. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a communication in writing to which he respectfully invites your attention.

956

.JoFRXAL OF THE SEKATE

STATE OF GEOR<:IA,
:BJxEceTIVE DEPART:\IEXT,
ATLAXTA, August 10, 19:21.
1'o the GPHPral AssPmbly of GPorgia:
I beg to call your attention to the eondition of the g-en('ral printing fund for the eurre>nt ~c-ar:
I am ad,ise>d b~ the Snpc-rintenclc-nt of Publir Printing that there now <:>xists a deficit in the g-Pne>ral printing fund amounting to $+3,821.00, whieh amount is now past due and owing to tlw following- firms:
B~Td Printing; Co., $30,444.15.
Covering the printing of annual r<:>ports for the Secretar~ of State, Comptroller-General, Insuranc<:> Commissioner, tax blanks for Insurance Department and Comptroller-General, eommissions, election blanks and stationery for Exeeutive Departnwnt, Librar~ and Banking Department.
Index Printing Co., $8,821.85.
Co,<:>ring the printing of blanks for Industrial Commission, eall statem<:>nts Banking Departnwnt, annual reports Comm<:>rce and Labor D<:>partments, blanks for Insuranee Department and 0omptroll<:>rGeneral, messag<:>s of the Governor, etc.
Di~kerson-Roberts Compan~', $2,020.00.
Covering the printing of annual reports of Board of Public \Velfarc, Pension Commissioner, call statements for Banking Department, etc.

\VEDXE@AY, AuousT 10, 1921.

957

Amounts ranging from $15.00 to $500.00 and mak-
ing a total of $2,535.00 owing to Ross-Farrar Print-
ing Co., Kendrick \Yilliams Co., Atlanta Printiug Compan~', Do"man \Yilkins Co., rrownley & K:sor and Foote & Davies, for printing blanks for the industrial commission, commissions for ExPcutive Department, blanks for Banking Departnwnt, stationNy, de., for State Lihrar;.
Tlwn is nothing llOW in the rrrPasm: to the crerlit of the General Printing Fund, "ith which to pay for the printing for the remainder of the current ~car. The Supeiintendent of Public Printing esti-mates that it will require the sum of $33,650.51, for printing the following items alone:
Acts of the Legislature ................ $16,842.45 J ourna,ls of Senate . . . . . . . . . . . . . . . . . . . 2,201.13 Journals of House . . . . . . . . . . . . . . . . . . . . 3,164.12 Tax Blanks. (Comptroller-General) . . . . . 8,386.61 Tax Digests for 1922 ~. . . . . . . . . . . . . . . . 3,056.20

Total. ............................ $33,650.51
It seems in view of the above facts that the de:ficienc:' appropriatiou of $75,000.00 asked for h: the Superintendent of Public Printi11g is a necessity and should lw made.
Respectfull: submitted, THOMAS \V. HARDWICK,
Governor.

958

JouRNAL OF THE SENATE

STATE OF GEORGIA, ExEC"L'TIVE DEPART::\IEXT,
August 10, 1921.

To the G('neral Assembly of Georgia:
I beg to call your attention to what appears to be a real and urgent need for the State Sanitarium.
'l'he appropriations made for this great charit~ of the State for the ClllTPnt fiscal ~ear amount to $891,:334.00. According to the warrants already issue<l to this institution, it has <lrawn out $59-1,:212.64. This amount has all been spent b: the institution to carry it for seven months of the current ~ear. This represents a monthly expenditure of $84,887.52. If the expenditure for the next five months is at the same rate, it is certain that it will take $424,406.60 to run the Sanitarium through the .current year.
The annual appropriation for this. year is exhausted, except for the sum of $297,111.36. It is therefore apparent, from the figures submitted, that the deficit for the year would be $127,295.14.
In addition to the above, it is only fair to sa~ that the winter months are coming on, and coal, blankets and heaYy winter clothes luwe not yet been purchased for the inmates. I therefore think that an estimate of $150,000.00 as deficiency for this institution is well within the facts and is ahsolutel~r needed in order to maintain this great ch<uit~, of the State. Furthermore, I have no doubt of the ability of the State Treasur~, under legislation already passed, to meet this expense.

\YEDXE@AY, AL:Gl:ST 10, 1921.

959

Under these circumstances, I invite your serious consideration to what seems to me to be a real necessity. It would be nothing short of calamity if the State should fail to support this great charity. \Yhile I, by no means, advocate either recklessness or extravagance in its expenditures, it seems to me that the deficiency in the amount recommended is
an absolute necessity, unless we arc prepared to
dose its doors.
Respectfully submitted,
Tno:HAS \Y. HARDWICK,
Governor.

l\Ir. Hunt gave notice that immediately after reconvening at 3 :30 o'clock he would move that the Senate reconsider its action in defeating House Bill 179.
The hour of 1 :30 having arrived, the Senate went into executive session.
Executive session was dissolved at 1 :45.
The President announced the Senate recessed until 3 :30 o'clock.

:1 :30 o'clock.
The Senate met again at this hour and was called to order by the President.
By unanimous consent the roll call was dispensed with.

960

JoL:"RXAL OF THE SEXATE

Mr. Hunt moyed that the Senate reconsider its action in ddcating House Bill 179.

~Ir. Jones of 37th, called for the a~es and na~s, and the call was sustained.

The roll call was onl<>recl all(l the vote was as follows:

'fhose voting Ill tlH' affinnative were ~lessrs.:

Akin, L. R. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Cone, Howell Davison, J. E.

Ellis, R. C.
F'leming, Denis Golucke, Alvin G.
Hunt, T. :vr.
Hutchins, H. C.
Jones, John H. Manson, Frank C.

Mills, J. H. Richards, Will Sheffield, R. H. Walker, B. F. Wohlwender, Ed Womble, M. D.

Those voti11g in the negative were ~Iessrs.:

Bellah, J. }'f.

Kimzey, Sam

Childs, E. W.

Lassiter, "\V. H.

Collum, J. 2'11.

Nix, 0. A.

Foy, John E.

Palmour, J. E.

Hollingsworth, J. C. Peacock, C. H.

Holmes, R. H.

Rountree, J. L.

Johns, G. A.

Snow, Russell E.

Jones, 0. K.

Stovall, E. B.

Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Wall, Dan Williams, "'iley

Those not voting were Messrs. :

Colson, D. C. David, A. B. Fleming, W. 0.

Haralson, Pat Jackson, J. B. Pope, David F.

Ridley, Dr. C. L. Weaver, J. D. Mr. President

Aye's 20, Xays 22.

The motion to reconsider was lost.

The following bills were taken up for consideration:

.WEDNESDAY, .AUGUST 10, 1921.

961

By Richmond Delegation-
A hill to appropriate $5,000 for maintenance of Georgia Training School for ~fental Defectives.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

The bill involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Campbell, R. W. Childs, E. W. Cone, Howell Davison, J. E. Ellis, R. C. Fleming, Denis Foy, John E. G<llucke, Alvin G.

Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jones, John H. Jones, 0. K. Kimzey, Sam Lassiter, W. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Sheffield, R. H. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Wall, Dan Williams, Wiley Wohlwender, Ed Womble, M.D.

Those voting in the negative were Messrs.:

Snow, Russell E.

Those not voting were Messrs. :

Boykin, James H. Brown, L. C. Collum, J. M. Colson, D. C. David, A. B. Fleming, W. 0.

Haralson, Pat Hollingsworth, J. C. Jackson, J. B. Johns, G. A. Manson, Frank C. Mills, J. H.

Ridley, Dr. C. L. Rountree, J. L. Walker, B. F. Weaver, J. D. Mr. President

Ayes 33, Nays 1.

The bill having received the requisite constitutional majority was passed.

962

J OGRKAL OF TH.E SENATE

By Mr. Kittrell of LaurensA hill to amend Section 1793 of the Code rdatiw
1o sums paid b~- manufacturers of fertilizers.
Th-: rrport of the' Committee, which was fayorahl::- to the passage of the hill, was agreed to.
:\Ir. Jones of :rith, called for the ayes and nays, and the call was sustained.

Tlw roll rail was ordered and the vote was as follows:

Thow_' voting 111 the affinnatiYc were :l\Icssrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Foy, John E.

Golucke, Alvin G. Pope, David F.

Haralson, Pat

Richards, Will

Hollingsworth, J. C. Rountree, J. L.

Hunt, T. M.

Snow, Russell E.

Jones, John H.

Stovall, E. B.

Jones, 0. K.

Taylor, Geo. W.

Kimzey, Sam
Lassiter, vV. H.

Thomas, James R. Thorpe, E. M.

Manson, Frank C. Walker, B. F.

Mills, J. H.

Weaver, J. D.

Nix, 0. A.

Williams, Wiley

Palmour, J. E.

Wohlwender, Ed

Peacock, C. H.

Those voting in the 11cgative were 11essrs.:

Holmes, R. H.

Wall, Dan

Womble, M. D.

Those not voting were Messrs. :

Collum, J. M. Ellis, R. C. Fleming, .W. 0. Hutchins, H. C.

Jackson, J. B. Johns, G. A. Ridley, Dr. C. L. Sheffield, R. H.

Tarpley, R. 0. Mr. President

Ayes 38, ~ays 3.

The bill having received the requisite constitutional majority was passed.

'YEDXESDAY, AuousT 10, 1921.

963

By Messrs. DuBose and Dudley of Clarke-
A bill to appropriate $30,000.00 to S~ate Normal School to supply deficiency.

The Committee offered the following amendment:

''Amend by adding new section to be known as Section 3 and numbering other sections accordingly.

"Sec. 3. Be it further enacted, That $15,000 he and is hereb~ appropriated for the School for the Deaf and Dumb at Cave Springs for remainder of year 1921 and $3,000.00 for putting in a new water system at said institutioi1.

''Also amend caption by adding to caption the following: 'Also to appropriate $18,000.00 for School for Deaf and Dumb, and for other purposes.'''
The amendment was adopted.

The report of the Committee, which was favorable to the passage of the bill as amended, was agreed to.

The bill involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative: were 2\Iessrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Brown, L. C. Childs, E. W. Collum, J. M. Davison, J. E. Ellis, R. C. Fleming, Denis Foy, John E. Golucke, Alvin G.

Hollingsworth, J. C. Pope, David F.

Holmes, R. H.

Richards, Will

Hunt, T. M.

Tarpley, R. 0.

Jones, John H.

Taylor, Geo. W.

Jones, 0. K.

Thomas, James R.

Lassiter, W. H.

Wall, Dan

Manson, Frank C. Weaver, J. D.

Mills, J. H.

Williams, Wiley

Nix, 0. A.

Wohlwender, Ed

Palmour, J. E.

Womble, M. D.

Peacock, C. H.

964

JOURNAL OF THE SENATE

Those voting in the negative were ~fessrs. :

Snow, Russell. E.

Those not voting were Messrs. :

Boykin, James H. Campbell, R. W. Cone, Howell Colson, D. C. David, A. B. Fleming, W. 0.

Haralson, Pat Hutchins, H. C. Jackson, J. B. Johns, G. A. Kimzey, Sam Ridley, Dr. C. L.

Rountree, J. L. Sheffield, R. H. Stovall, E. B. Thorpe, E. M. Walker, B. F. Mr. President

Ayes 32, Nays 1.

The bill having received the requisite constitutional majority was passed.

By ~,ulton Delegation-

A bill to appropriate funds to Georgia Tech to supply deficiency.

~fr. Hutchins offered the following amendment:

''To amend by adding the sum of $15,000.00 to be appropriated to the University of Georgia to supply a deficiency for year of 1921."

Mr. Hutchins called for the ayes and nays, and the call was sustained.

The roll call was ordered, and the vote was as follows:

Those voting in the affirmative were ~Iessrs.:

Akin, L. R. Brown, L. C. Davison, J. E. Haralson, Pat

Hunt, T. M. Hutchins, H. C. Jones, John H. Lassiter, W. H.

Sheffield, R. H. Snow, Russell E. Weaver, J. D.

WEDXESDAY, AuGusT 10, 1921.

965

Those voting in the negative were Messrs.:

Bellah, J. M. Bond, Chas. N. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell David, A. B. Ellis, R. C. Fleming, Denis Foy, John E.

Holmes, R. H. Johns, G. A. Jones, 0. K. Kimzey, Sam Mills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Rountree, J. L.

Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Williams, Wiley Wohhvender, Ed Womble, M. D.

Those not voting were Messrs. :

Boykin, James H. Colson, D. C. Fleming, W. 0. Golucke, Alvin G.

Hollingsworth, J. C. Ridley, Dr. C. L.

Jackson, J. B.

W:all, Dan

Manson, Frank C. Mr. President

Richards, Will

Ayes 11, Nays 29.

The amendment was lost.

The report of the Committee, which was fe:worable to the passage of the bill, was agreed to.

The bill involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell David, A. B. Davison, J. E. Ellis, R. C. Fleming, Denis Foy, John E.

Haralson, Pat

Peacock, C. H.

Hollingsworth, J. C. Rountree, J. L.

. Holmes, R. H.

Sheffield, R. H.

Hunt, T. M.

Stovall, E. B.

Hutchins, H. C.

Tarpley, R. 0.

Johns, G. A.

Taylor, Geo. W.

Jones, John H.

Thomas, James R.

Jones, 0. K.

Thorpe, E. M.

Kimzey, Sam

Walker, B. F.

Lassiter, W. H.

Weaver, J. D.

Manson, Frank C. Williams, Wiley

Mills, J. H.

Wohlwender, Ed

Nix, 0. A.

Womble, M. D.

Palmour, J. E.

Mr. President

966

JouRNAL m' THE SENATE

Those voting in the negative were Messrs.:

Snow, Russell E.

Those not voting were Messrs. :

Colson, D. C. Fleming, W. 0. Golucke, Alvin G.

Jackson, J. B. Pope, David F. Richards, Will

Ridley, Dr. C. L. Wall, Dan

Ayes 42, Nays 1.

The bill having received the requisite constitutional majority was pas-sccl.

The following bill was read the third time and taken up for consideration:

By J.Ir. Culpepper of Fayette-
A bill to authorize the Governor to issue bonds to retire portion of public debt.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.

The bill involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were l\fcssrs.:

Akin, L. R.

Holmes, R. H.

Bellah, J. M.

Hunt, T. M.

Bond, Chas. N.

Johns, G. A.

Brown, L. C. Childs, E. W.

Jones, John H.
Jones, o. K.

Collum, J. M. Cone, Howell

Kimzey, Sam
Lassiter, w. H.

David, A. B.

Manson, Frank C.

Ellis, R. C.

Mills, J. H.

Fleming, Denis Foy, John E.

Nix, 0. A.
Peacock, c. H.

Hollingsworth, J. c. Pope, David F.

Sheffield, R. H. Snow, Russell E. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Weaver, J. D. Williams, Wiley Wohlwender, Ed Womble, M. D.

\VEDXESD.n, AuausT 10, 1921.

967

Those not voting were Messrs. :

Boykin, James H. Campbell, R. W. Colson, D. C. Davison, J. E. Fleming, W. 0. Golucke, Alvin G.

Haralson, Pat Hutchins, H. C. Jackson, J. B. Palmour, J. E. Richards, Will Ridley, Dr. C. L.

Rountree, J. L. Stovall, E. B. Walker, B. F. Wall, Dan Mr. President

Ayes 34, Ka~s 0.

The bill having received the requisite constitutional majority "\vas passed.

The following bill was read the third time and put upon its passage:

By Mr. Blalock of \Yare-

A bill to amend Code relative to submerged lands.

The following amendment was offered:

''Amend by adding after words 'each' year in 22 line the words 'and not including fish ponds, mill ponds or impounded waters.' ''
The amendment was adopted. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill the Ayes were 41, Nayes 0. The bill having receind the requisite constitutional majority was passed. The following message wes received from the House through :Mr. l\Ioore, the Clerk thereof:

Mr. President:
The House disagrees to certain Senate amendments to House Bill 363, known as the General Tax Act.

968

JOURNAL OF THE SEN ATE

Mr. President: The House has appointed the following Confer-
ence Committee on the part of the House to confer on House Bill No. 363, known as the General Tax Act:
CARSWELL of -Wilkinson,
LANKFORD of Toombs, BowDEN of vVare,
ARNOLD of Clay,
CuLPEPPER of Fayette.

The following resolution was read and adopted:
By :\Ir. Kittrell of Laurens-
A resolution requesting the Governor to return House Bill 439 to the House for correction.
The President appointed the following as a Conference Committee on the part of the Senate to act
under House Bill 363, known as the General Tax
Act:
Messrs. NIX,
'\VoHLWENDER, PALMOUR, BELLAH, FLEMING of lOth.

\VEDXESDAY, A<:Gl:ST 10, 1921.

960

'l'he following bill was taken up for purposP of concurring to House Substitute:

By :\Ir.Jolms-
A bill to anwud Acts rno,iding for the foreclosure of hills of sale in any amount.

The Hom;t suhstitutt is as follm,s:

A BILL
To be entitled an Act to anwud Section 3298 of the Civil Code of Georgia of 1Hl0, which is as follows: ":~2~)8-Bill of sale to secure debt, foreclosure of: The owner of any bill of sale to personal property to secure a debt where the principal sum docs not exceed one hundred dollars, may foredose the same in the same manner as mortgages on personal property are no" foreclosed, under the Jaws of this State," by adding after the word "sale," and before the word "to," in the first line of said section, the words, ''or written contract retaining title, and by striking out the words, 'where the principal sum does not exceed one hundred dollars,' where the same occur in said sccti on, and ,inserting in lieu thereof the words, 'or written contract where title is retained to personal property to secure a debt,' " and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Seetion 3298 of the Civil Code of Georgia of 1910 h<', and the same is, hereby

970

J 017RXAL OF THE SE~ATE

amended as follows: By adding after the word., ''sale'' and. before the word. ''or written contract retaining title,'' and by striking out the words, ''where the principal sum does not exceed one hun.dred dollars," where the same occur in said section, and inserting in lieu thereof, the words ''or written contract where title is retained to personal property to secure a debt,'' so that said. section when so amended shall read as follows:
'' 3298. Bill of sale or written contract retaining title to secure debt, foreclosure of. The owner of any bill of sale to personal property to secure a debt (or written contract where title is retained to personal property to secure a debt) may foreclose the same in the same manner as mortgages on personal property are now foreclosed under the lmvs of this State.''
Sec. 2. Be it further enacted by authority of the same, That all laws and parts of laws in conftict with this Act be, and the same arc, hereby repealed.
The Senate concurred in the House substitute.

Mr. Richards, Chairman of the Committee on Counties and County .Matters, submitted the following report :

JJfr. President:
Your Committee on Counties and County -:\fatters has had under consideration the following bill of the House and. instructed me, as their Chairman, to

WEDXE:-JDAY, A "CGU~T 10, 1921.

971

report the same back to the Senate, with the recommendation that the same do pass, to wit:
House Bill 530. Respectfully submitted, RicHARDS, Chairman.

The following bill was read the third time and put upo1i its passage:

By ~Ir. Lankford of Toombs-
A bill to amend Act creating Board of Commissioners of Roads and Revenues for Toombs County.
The report of the Committee, which was favontblo to the passage of the bill, was agreed to.
On the passage of the .bill the Ayes were 40, Xays 0.
The bill having received the requisite constitutional majority was passed.

The following bill was read the third time and put upon its passage:

By Chatham Delegation-
A bill to amend Code relative to bonds given to pilots.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
The bill having received the requisite constitutional majority was passed.

972

,JnrRKAL OF THE SEKA'l'E

The following bill was read the third time and takt'n up for considerati_on:

B~ 1\Ir. ~fundy of Polk-
.A bill to create a State Investigating and Budget Commission.
Mr. Snow moved to table the hill and the motion prevailed.
.:\Ir. Thomas moved that the Senate take a rC'cess until 8 :30 o'clock and the motion prevailed.
The President announced the Senate at recess until 8 :30 o'clock.

8:30P.M.
The Senate mPt again at this hour and was calll'd to order by the President.
By unanimous consent the roll call was dispenst>d with.
The following resolutions were read and adoptl'cl:
\Yhereas, we notice from the evening pap<.'rs, the manly fight being made in the l~11ited States Senate by our junior Senator, Hon. Thos. E. \Yatson, to prevent the confirmation of Henry Lincoln .Jolmson as Recorder of Deeds of District of Columbia.
Therefore, be it resolved by the Senate, that we endorse and approve the course of Senator \Yatson.

WEDNESDAY, .AUGUST 10, 1921.

9/:3

Resolved further, that copy of this resolution be mailed the Senator.
B. F. 'VATsox, 18th District, Jos. H. BoYKIN, 29th District, ALviN G. GoLL"CRE, 19th District.

"T}wreas, the latest news from the Senator from the 15th, Dr. D. C. Colson, is that :\Ir. Colson is at the point of death with no hope for recovery.
Be it resolved, that the Senate extend to Senator Colson in this hour of sorrow our heartfelt sympathy, and pray that the Heavenly Father may comfort and sustain him in this time of trial.

The following bills were read the third time aud put upon their passage:

By l\Ir. :\Iason of Hart, ct al-
A bill to amend Act codifying school laws of Geor-
gia.
The r<>port of the Committee, which was favorable to the passage of the bill, was agreed to.
Ou the passage of the hill the Ayes were 26, .Nays 0.
The bill having receivNl the requisite constitutional majorit~- was passed.

By Mr. Luke of Ben Hill-
A bill to ame11d Act regulating sale of commercial fertilizers.

974

JouRNAL oF THE SENATE

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill was read the third time and taken up for consideration:

By Mr. Hatcher of Muscogee-
A bill to amend 3321 of Civil Code relative to municipal cqlirts.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 23, the Nays were 3.
The bill having failed to receive the requisite constitutional majority was lost.

The following bill was read the third time and taken up for consideration:

By l\fr. Perkins of Muscogee-
A bill to provide time for presenting cross bills of exception.
Mr. Hollingsworth moved that the bill be tabled and the motion prevailed.
The following bill was read the third time and taken up for consideration:

'VEDXESDAY, Aua-csT 10, 1921.

975

By ::\Ir. Sumner of 'Vheeler-

A bill to regulate calling of doeket of criminal cases in certain courts.
::\Ir. Kimzey monel the bill be tabled and the motion prevailed.
The following hill was read the third time and taken up for consideration:
By Beckham of Dougherty-
A bill to authorize State Game and F'ish Commissioner to fix open seasons for migratory birds.
::\Ir. Akin moved to table the bill and the motion prevailed.
The following bill was read the third time and taken up for consideration:
By Mr. Hullender of Catoosa-
A bill to authorize the Board of Roads and Revenues of Catoosa County to construct public road over State property.
Mr. Snow moved to table the bill.
Mr. Jones, of the 37th, called for Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

976

JouRNAL OF THE SEKATE

Those Yoting- in the affirmative were ).fessrs. :

Akin, L. R. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Collum, J. M.

David, A. B. Ellis, R. C. Fleming, W. 0. Golucke, Alvin G. Hollingsworth, J. C. Jones, John H.

Manson, Frank C. Rountree, J. L. Snow, Russell E. Walker, B. F.

Those Yotiug- in the negative were Messrs.:

Childs, E. W. Cone, How.ell Davison, J. E. Foy, John E. Haralson, Pat Holmes, R. H.

Johns, G. A. Jones, 0. K. Kimzey, Sam Peacock, C. H. Pope, David F. Sheffield, R. H.

Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Weaver, J. D. Williams, Wiley

Those not voting were Messrs. :

Bellah, J. M. Colson, D. C. Fleming, Denis Hunt, T. M. Hutchins, H. C. Jackson, J. B.

Lassiter, w. H.
Mills, J. H. Nix, 0. A. Palmour, J. E. Richards, Will Ridley. Dr. C. L.

Thomas, James R. Thorpe, E. M. Wall, Dan Wohlwender, Ed Womble, M. D. Mr. President

Ayes 16, Nays 17.

The motion to table was lost.
The report of the Committee, "'hirh was favorable to the passage of the bill, was agreed to.
The main question was ordered.
On the passage of the bill l\Ir. Haralson called for the Ayes and .1\ays and the call was sustained.
The roll call was ordered and the vote was as follows:

"WEDNESDAY, AUGUST 10, 1921.

977

Those voting in the affirmative were Messrs.:

Akin, L. R. Bond, Chas. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. M. Cone, Howell Davison, J. E. Ellis, R. C. Fleming, W. 0. Foy, John E.

(}{)Iucke, Alvin G. Stovall, E. B.

Haralson, Pat

Tarpley, R. 0.

Hollingsworth, J. C. Taylor, Geo. W.

Holmes, R. H.

Thorpe, E. M.

Hutchins, H. C.

.Walker, B. F.

Johns, G. A.

Wall, Dan

Jones, 0. K.

Weaver, J. D.

Kimzey, Sam

Williams, Wiley

Mills, J. H.

Womble, M.D.

Peacock, C. H.

Pope, David F.

Those voting in the negative were l\Iessrs.:

David, A. B.

Snow, Russell E.

Those not voting were Messrs. :

Bellah, J. M. Campbell, R. W. Colson, D. C. Fleming, Denis Hunt, T. M. Jackson, J. B.

Jones, John H. Lassiter, W. H. Manson, Frank C. Nix, 0. A. Palmour, J. E. Richards, Will

Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Thomas, James R. Wohlwender, Ed Mr. President

Ayes 31, Nays 2.

The bill haYing received the requisite constitutional majority was passed.

The following bill was read the third time and taken up for consideration:

By Mr. Beckham of Dougherty-
A bill to regulate all officers of this State in seizing intoxicating liquors to make inYentory of same.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
The main question was ordered.

978

JOURNAL OF THE SENATE

On the passage of the bill the Ayes were 3, the Nays were 23.
The bill having failed to receive the requisite con~ stitutional majority was lost.

The following bill was read the third time and taken up for consideration:

By Mr. Smith of Bryan, et al--
A bill to amend Section 594 of Penal Code Park's supplement.
~Ir. Rountree called for the preYious question and the call was sustained.
The report of the Committee, which was fayorable to the passage of the bill, was agreed to.
The main question was ordered.
On the passage of the bill the Ayes were 27, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
The President appointed as a Committee on part of the Senate to act under Senate Resolution No. 47 known as tax commission resolution.
:\fessrs. NIX, of 51st.
\VALKER, of 18th. JOHNS, of 27th.
JONES, of 37th.
SNow, of 7th.

-WEDNESDAY, AuGusT 10, 1921.

979

The following message was received from the House, through :\Ir. Moore, the Clerk thereof:

Mr. President:
The House has passed substitute by the requisite constitutional majority the following bill of Senate, to wit:
A bill relative to making appropriation f.or free text books.
The following bill was taken up for the purpose of concurring in the House substitute:

By Mr. Rountrce...A. bill relative to making appropriations for free
school books.
The House offered the following substitute:

A BILL.
An Act to provide for school children of public schools under certain restrictions. To give Boards of Education authority to make rules and regulations for carrying out the provisions of this Act, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authorit~- of the same, That on and after the passage of this Act, the Board of Education of the common schools of each county in this State, and the Boards of Education established by special Act of this Legislature of Georgia, and the Board of Education operating under local tax system, shall

980

JOURNAL OF THE SENATE

furnish books to those pupils whose parents are not able to furnish them.
Sec. 2. Be it further enacted, That the different Boards of Education mentioned in Section 1, of this Act shall ha,e the authority to donate or lend to the pupils, as they ma~' deem best, entitled to tlwm under Section 1 of this Act, if in their judgment, they thiuk best to lend them they may do so to all pupils in school or. any number of grades to their discretion.
Sec. 3. Be it further enacted, That the Board of Education mentioned in Section 1 of this Act, shall have the authority to make such rules and regulations in carrying out the provisions of this Act, as they may deem best in order to protect the interest of the State, not in conflict with existing laws.
Sec. 4. Be it further enacted, That it shall he the duty of the teachers to co-operate with the Boards of Education in obtaining information in determining what pupils are entitled to the benefits of Section 1 of this Act. It shall be their duty to assist the Boards of Education in preserving and taking care of the books furnished by the Board.
Sec. 5. Be it further enacted hy the Boards mentioned in Section 1 of this Act shall haw the authoritr to usc any funds coming into their hands for said purpose, not to exceed ten per cent. of the total amount received in any year.
Sec. 6. Be it further enact('d, That all laws and parts of laws m conflict with this Act arc hereby repealed.

vVEDXESDAY, AuGusT 10, 1921.

981

Mr. vValker moved to disagree to the substitute and the motion prevailed.
The President appointed the following as a conference committee on the part of the Senate to act under Senate Bill No. 41:
~Iessrs. wALKER,
RouNTREE,
BOYKIN.
ill r. President:
The Speaker has appointed as a conference committee on the part of the House to confer with thl' Senate committee on Senate BilLNo. 41, the followmg:
BEcK of Carroll,
CAMP of Campbell,
GRESHAM of Burke.
\Ye, the undersigned Conference Committee on part of Senate that have had under consideration with similar committee from House Senate Bill ~o. 41 known as free book bill, beg to report such committee fails to agree.
B. F. VlALKER,
J. LEONARD RouNTREE,
JAMES H. BOYKIN. On part of Senate.
I. H. T. BECI{,
LAURENCE s. CAMP,
E. B. GRESHAM, On the part of the House.

982

JouRNAL oF THE SENATE

The report of the Conference Committee was sustained.
1\fr. vValker moved that the Senate do not appoint a new Conference Committee with reference to the Senate Bill No. 41 and the motion prevailed.
1\fr. Childs moved that the Senate reconsider its action in passing House Bill Xo. 104 and the motion prevailed.
1\fr. Childs moved that House Bill ~o. 104 be tabled and the motion prevailed.

The following message was received from the House, through .Mr. ~Ioon~, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill to amend the Georgia .Motor Vehicle Law.
The House has passed by the requisite constitutional majority the following bill of the Senate, by substitute, to wit:
A bill to make appropriation for the furnishing of free text books.
The House has read and tabled the following resolution of the Senate, to wit:
A resolution allowing Penitentiary Committee to visit various convict camps and prison farm.

~h'. Jones, of the 37th, Chairman of the Committee on Corporations, submitted the following report:

"WEDNESDAY, AUGUST 10, 1921.

983

lllr. President:
Your Committee on Corporations has had under consideration the following bill of the House and instructed me, as their Chairman, to report the same back to the Senate with the recom_mendation that the same do not pass, to wit:
A bill to prohibit monopolies in restraint of trade.
JONES, Chairman.

The following bill was taken up for the purpose of disagreeing with the report of the Committee, which was unfavorable to the passage of the bill:

By Mr. ]~owler of Bibb-
A bill to prohibit monopolies in restraint of trade.
The adverse report of the Committee was agreed to and the bill was lost.
l\fr. Hutchins moved that the Senate reconsider its action in defeating House Bill No. 161 and the motion prevailed.
The following bill was read the third time and taken up for consideration:

By Mr. Hatcher of l\[uscogec-
A bill to amend Section 3321 of the Civil Code of Georgia of 1910.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 27, th.:_. Nays 0.

98-!

J OURX AL OF THE SE~ ATE

'l'he bill having received the requisite constitutional majority was passed.

Tho following message was received from His Excellency, the Governor, through his Secretary, 1\lr. Blalock:

Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication to which he respectfully invites your attention in executive session.
I\Ir. :\fanson moved that the Senate go into executive session and after dissolving executive session, take a recess subject to the call of the chair and tho motion prevailed.
The Senate went into executive session at 10 :20 o'clock.
Executive s<'ssion was dissolwd at 10 :40 o'clock.
Tho President called the Senate to order at ]0:45 for purpose of receiving message from House of Representatives.

The following message was received from the House, through l\Ir..Moore, the Clerk thereof:

111r. President:
The House has disagreed to the Senate amendment to House Resolution I\o. 34.

\VEDXESDAY, Al:GUST 10, 19:21.

985

The House has appointed as a Conference Committee on the part of the House, the following:
STOVALL of .McDuffie. ExNIS of Baldwin. RuTHERFORD of ~Ionroe.

The President appointed the follo\Ying as a Conference Committee on the part of the Senate to act. under House Resolution Xo. 34:
")fessrs. J oHxs of 27th,
\YALKER of 18th,
\VEAVER of 11th.

The Senate took a recess subject to the call of the chair.

Mr. President:
The Conference Committee appointed by the President to meet with a like committee from the House to consider the p('nsion appropriations, beg leave to report that the committees were unable to agree relative to the pension appropriations and ask for the appointment of another Conference Committee to consider these matters.
J OHXS of 27th. \VALKER of 18th.
\VEAVER of 11th.
The report of the Committee was adopted.

986

JouRNAL OF THE SENATE

The President appointed as a second Conference Committee on part of the Senate to act on the Pensions appropriations.
Senators CoNE, BRowN and HoLLixaswoRTH.
The President called the Senate to order to receive report of Conference Committee appointed with reference to Pensions appropriations.

Mr. P-resident:
Your Committee on Conference has met a like committee on the part of the House and beg leave to report as follows:
'Ve recommend that the Senate recede from its amendment to House Resolution No. 34.
And we further recommend as a substitute for said Senate amendm~nt the adoption of the following amendment:
''Amend by striking all words after the :figures 1921 in line 10 of said resolution. Also to strike all words after the :figures 1919 in line 4 of 2nd page of said resolution down to the word resolved in line 9 of said resolution."
Respectfully submitted, CoxE of 49th. HoLLINGSWORTH. BROWN. Senate.
ENNis, Baldwin. SToVALL, McDuffie. RuTHERFORD, 11onroc.
House.

'VEDXESDAY, AL'GUST 10, 1921.

987

~Ir. 'Yalker moved that the report of the Committee be disagreed to.

l\fr. 'Valker called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Boykin, James H. Foy, John E. Johns, G. A. Manson, Frank C. Mills, J. H.

Peacock, C. H. Rountree, J. L. Tarpley, R. 0. Thorpe, E. M. Walker, B. F.

Weaver, J. D. Williams, Wiley Womble, M. D.

Those voting in the negative were Messrs.:

Bellah, J. M. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. -M. Cone, Howell Davison, J. E. Ellis, R. C.

Fleming, Denis

Nix, 0. A.

Fleming, W. 0.

Palmour, J. E.

Haralson, Pat

Pope, David F.

Hollingsworth, J. C. Sheffield, R. H.

Holmes, R. H.

Snow, Russell E.

Hutchins, H. C.

Wall, Dan

Jones, 0. K.

Wohhvender, Ed

Kimzey, Sam

Those not voting were Messrs. :

Akin, L. R. Bond, Chas. N. Colson, D. C. David, A. B. Golucke, Alvin G.

Hunt, T. M. Jackson, J. B. Jones, John H. Lassiter, W. H. Richards, Will

Ridley, Dr. C. L. Stovall, E. B. Taylor, Geo. W. Thomas, James R. Mr. President

Ayes 13, Nays 23.

The motion to disagree with the report of the Committee was lost and the report of the Committee was agreed to.

The following message was received from the Housr, through Mr. ~foore, the Clerk thereof:

988

JouRNAL OF THE SEx ATE

llfr. President:
The House has adopted the report of the Conference Committee on House Resolution ~o. 3-! known as the Pensions appropriation resolution.

The following message was received from the House, through Mr. ~Ioore, the Clerk thereof:

Mr. President:
The House has agreed to the Senate amendment to House Bill Xo. 259.
A bill to amend an Act to codify the school laws of the State of Georgia.

The following message was received from the House, through ~fr. ~Ioore, the Clerk thereof:

J.llr. President:
The Speaker has appointed the following Committee under Senate Resolution Xo. 47 relating to tax commission :
CARSWELL of 'Wilkinson. BRANTLEY of Pierce. BowEx of Tift. Cl:'LPEPPER of Fayette. DuDLEY of Clarke. HuNTER of Chatham. Ml:'NDY of Polk. LANKFORD of Toombs. PARKs of Terrell. THoMrsoN of Coweta.

"WEDNESDAY, AUGUST 10, 1921.

989

The President appointed the following as a Committee on a part 9f the Senate to act under Senate Resolution No. 58 :
Messrs. HuNTER and LASSITER.

The President appointed the following as a Committee on the part of the Semite to act under House Resolution No. 78 :
l\Iessrs. FoY of 1st.
THORPE of 2nd.

The Senate took a recess subject to the call of the chair.

The following message was received from the House, through 1\fr. l\foore, the Clerk thereof:

Illr. President:
The House has adopted resolution of the Senate, to wit:
A resolution to investigate the Georgia State Sanitarium.
The Speaker has appointed the following members as Committee on part of House under the above resolution:
CoRBETT of Atkinson.
GREENE of Jones.
QuiNCY of Coffee.

The Speaker has appointed the following mem-

990

JouRNAL OF THE SENATE

bers as the Committee on the part of the House under the provision of House Resolution Xo. 78:
VocELLE of Camden.
PrcKREN of Charlton.

JJI1. President:
Your Committee on Conference on House Bill ~o. 363 known as the General Tax Bill, has met with a like Committee of the Senate and we have agreed on the following report:
The Senate recedes from its Amendment No. 1, as to poll tax for women.
The House adopts Sf'nate Amendment No. 2, as to detective agencies.
The Senate recedes from its Amendment No. 3, as to auctioneers, and the House adopts the Senate's
prOVISO.
The Senate recedes from its Amendment No. 3, as to Paragraph 11 D, as to auctioneers.
The House adopts Senate Amendment No. 4, as to retail dealers in automobiles.
The House adopts Senate Amendment ~o. 5, as to automobile assembling plants.
The House adopts Amendment No. 1 A of the Senate, as to levying sinking fund.
The Senate recedes from its Amendment ?\o. 2 A, relating to collection agencies.
The House adopts Senate Amendment ~o. 3 A, as to amusement parks.

\YEDXESDAY, AuGusT 10, 1921.

991

The Senate recedes from its Amendment No. 6 B, as to baker and commission merchants.
The Senate recedes from its Amendment No. 8, as to book agents.
The House adopts Senate Amendment Ko. 9, as to retail estate dealers.
The House adopts Senate Amendment to Paragraph 1 of Section 2, as to wholesale cigar dealers.
The House adopts Senate Amendment No. 41 A, as to retail cigar dealers.
The House adopts Senate Amendment No. 19 A, as to jitneys and autos for hire.
The House adopts Senate Amendment No. 11, as to concerts and shows.
The House adopts Senate Amendment ~ o. 13, as to insurance adjusters.
The House adopts Senate Amendment No. 14, as to ice cream mfgrs.
The House adopts Senate Amendment ~o. 15, as to farmers exemptions to mutual insurance tax.
The House adopts Senate Amendment No. 16, as to lightning rod agents.
The Senate recedes from Senate Amendment X o. 17, as to li,;e stock dealers.
The Senate recedes from Amendment 1\o. 18, as to loan agents.
The Senate recedes from Amendment No. 19, as to loan agents.

992

J OURXAL OF THE SENATE

The House adopts Senate Amendment No. 20, as to loan agents on salaries.
The Senate recedes from Senate Amendment )Jo. 21, as to legislative agents.
The House adopts Senate Amendment Xo. 22, as to slot machines.
The House adopts Amendment No. 2;), as to dealers in motorcycles.
The House adopts Amendment )Jo. 2-!, as to merry-go-rounds.
The House adopts Amendment Xo. 25, as to stove peddlers.
The House adopts Amendment No. 26, as to monument dealers.
The House adopts Amendment Xo. 27, as to architects.
The House adopts Senate Amendment Xo. 27 A, as to soda founts.
The House adopts Senate Amendment No. 28, as to soda syrups.
The House adopts Amendment Xo. 29, as to hotels.
The House adopts Senate Amendment Xo. 29 A, as to cafes.
'l'he House adopts Senate Amendment Xo. 29 B, as to undertakers.
The House adopts Senate Amendment Xo. 29 C, as to patent rights.

WEDNESDAY, A-c-(~l:ST 10, 1921.

DD3

The House adopts Senate Amendment X o. 29 D, as to cafes and restaurants.
The Senate recedes X o. 31, as to amusement tax.
The Senate recedes X o. 32, as to amusement tax.
The Committee offers the following <1111endment to Paragraphs 60 and 60A:
Amend by adding the following pronso at the cud of Sections 60 and 60A;
Providecl, this tax shall not be required of hona fide residents who h<we paid the tax as required in Paragraph 6D and 60A.
Senate Committee: K1x, Chairman, \VoHLWEXDER, DE)<IS FLE:\IIKG, J. E. PALMOL'R, J . .M. BELLAH.
House Committee:
CARSWELL of \Vilkinson, LANKFORD of Toombs, CFLPEPPER of Fayette, Bmnmu of \Yare, ZAcK AR~OLD of Clay.

The report of the Committee was adopted.

The follo,Ying message was recei,'ed from the House, through ~Ir. Moore, the Clerk thereof:

Joun~AL OF THE SEXATE
Mr. Prcsideut:
The House has adopted the report of the Conference Committee on House Bill Ko. 363 known as the General 'l'ax Act Bill.
The following resolution was unanimously adopted by a rising vote:
"~hereas, the Secretan of the State Senate has exemplified the finest traditions which ha\e been implanted in our hearts by the histor~ of Georgia legislature halls, therefore,
Be it resolved, that the State Senate, all members concerning in sincere esteem and appreciation, hereby express its profound hope that the intervening months between this and the next session shall be filled to overflo"ing with happiness and prosperity for our good friend, and that he shall meet with us in 1922 with that high degree of ability and profound measure of honest service to State which have rendered his services of signal value to the State during the last twenty years, and particularly in this year of peculiar importance to the destiny of the Empire State of the South.
JONES (37th). SNOW (7th). PoPE (44th). BELLAH ( 42nd).
The following message was received from the House, through .M.r. 2\Ioore, the Clerk thereof:

'VEDKESDAY, AUGUST 10, 1921.

995

illr. President:
The House has adopted the following resolution of the House, to wit:
Resolved by the House, the Senate concurring, That a Committee of five be appointed, three to be appointed by the Speaker. of the House and two to be appointed by the President of the Senate, to notify the Governor that the General Assembly has completed the business before it and now stands ready to adjourn sine die.
The following resolution was read and adopted:
Resolved by the House, Senate concurring, That a Committee of five be appointed, three from House and two from Senate, to notify Governor that the General Assembly has completed the business b~fore it and stands ready to adjourn sine die.
The President appointed the following as a Committee on part of the Senate to act under above resolution:
l\fessrs. NIX of 51st.
vVOHLWENDER of 24th.

The following message was received from the House, through 1\fr. Moore, the Clerk thereof:

Mr. President:
The Speaker has appointed the following as a Committee on the part of the Ho1,1se to notify the Governor that the General Assembly has completed

JouHXAL (H' THE SENATE
the business before it and is now ready to ;uljourn sine die.
::\lessrs. l\[FXI>Y of Polk. wYATT of Troup. MAYO of ::\litehdl.
::\lr. Xix, Chairman of the ( 'ommittcl', to uotif~ th:. Govcn~or that the General Assembly has emnpletcd the husimss before it and is now nnd.' to adjourn sine die, reported that the~ had rwrforme<l that duty and that the GoYenlor had no furthl'r communication to make.
Tlw following r<'solution was read alHl <Hlopt<(l, to wit:
B~ ::\[r. PalmourA re-solution prmiding that the Genlral "\ss~m
hly do now adjoum sine die.
The following ml.'ssag;_~ was nceind from the House, through ::\Ir. l\Ioon, the Clerk tlwreof:
Jlr. President: The House em;eurs in the following nsolutiou of
the Senate, to wit: A resolution providiug that the Geueral "\ ssem-
bly do now adjourn sine die.
The President announced the Senate adjourned sine die.

INDEX
TO THE
SENATE JOURNAL
FOR THE
YEAR 1921

INDEX.

PART I. SENATE BILLS.

A

ACTS OF GE~ERAL ASSEMBLY-

To correet certain mistakes . . . . . . . . . . . . . . . . . . . . . . .

501

ADDRESS-

Mr. W. B. Greely-:\Ir. Gifford Pinchot . . . . . . . . . . . .

442

ADJOUR~MEXT-

Sine Die . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

996

ADMINISTRATORSProvide appointment of ........................ 466 492 637

ADVERTISINGUnlawful to make false statement ............. 226 454 618

AGRICULTURAL PRODVCTSTo promote orderly marketing of ............... 319 454 589

AGRICULTURAL SCHOOLS (see Appropriations, Part I)-

ARCHITECTTo create a State Board of ............... 219 245 277 634

ATTORNEYS' FEES-

O'bliga tions to pay Attorneys' Fees . . . . . . . . . . . . . . . .

235

Al:.TTO:NIOBILES (see Motor Vehicles, Part I)-

B BAXKS AND BANKING-
To amend Act to regulate .................. 2:~6 417 483 499
BILLS OF SALE (see Code Amendments, Part I)-
BOARDS OF EDUCATIOX (see School Laws, Part 1)-
BOARDS OF HEALTHWater of cities must be appro,etl by ............. 662 720
BRANTLEY COUNTYTo correct mistakes in Act creating ............. 662 721 764

0 CAPITOL RE:\IOVAL (See 8enate Resolutions)-

1000

J)[OEX.

CHARTERS, MUNICIPAL-

To amend for Albany .......................... 6-l 211 2:!2

To amend for Sa,annah ....................... ISS 2S7 :l-1:1

To amend for Statesboro ..................... 22-l 21(i ~!l:l

Rossville, amend .............................. 2:16 :li)l :184

Omaha, amend ................................. :12!1 :)10 ;;:1:)

Glenwood, amend .............................. :1-ll :))0 :):14

Hillsboro, amend .............................. 412 iJIO ;;:14

Marietta, bond C'lC'dion ......................... +1:1 46!l -i\!4

l\facon, create ................................... .

41:1

Brunswick, amciHI ............................. 4H liiO :):)4

Calhoun, amend ................................. .

48;)

Rome, extend limits ............................. .

875

CHJROP RACTIC-
To regulate pral'tice of ........................ :110 :Hi+ 408

CHILDREN'S CO'DE CO:\DIJSSIOX OF G EORGl ATo erC'atC' ..................................... 2:1.! lil2 Sfl2

VHILDREX, :MINOR-

Relative to plal"ing out hy otlwr JWrsons than

relatives

l!li :no

CHIROPRATIC-

To regulate practice of

212

CLEh1"-8 SCPERIOH VOl' HT (sec Codt> Am 'clts, Part I)-

VODE AMENDMENTS-

To amend se~tion i86, puniHhnwnt ............. ' .. .

(i;)

To amend Section 32!!8, foreclosure bill of sale

ISS 2-l:! 27H !16!l

To amend Sedion HI, burglary ................. . ISS 40:1

To amend Se~tion 480!! .......................... .

lS!l

To amend Section 880, attt>ndann of Jurors ..... .

1\li

To amend Seetion !ll i, to strike word ''male'' .. I!IS 24;) 278

To anwnd SC'ction ~424, recovery for homici<ll of

minor ehildren ................................. .

212

To am<'nd S<'<'tion 414i, ~ompl'nsation .Justiec Court

Jurors ...................................... 21-l 2(li 2Sl

RPpeal Section 96i, criminal proeedure ............. . 26;) 120

Amend Sedion 414, freight trains on Sun<la~ .... :IJ!l :H4 4:i7

Amend Se<tiou 48S ............................... . :129 :li4

Amend Section 20:!6, stock law ................... . :l46 'i40

Construe Section :l6:l0 ......................... :l+i iO:) 12:1

Amend Section 469 and 4i0, County lines ........ :1-li 404 6:li

IXDEX.

1001

AnH'nd Section 10:17, Sheriff's fees ............ 347 541 564 AmeiHl Section :l!:U1, mother an heir ............. . 41:l 720 Amenfl Section 8::!, Secretary of Statc-(Golucke) . .466 :310 631 Amend Section 41/:i, eompensation cf Deputy Clerks
485 721 765 Amend St>dion ::!8::!:), rcYinr of eorporations ...... 485 5:l:l 707 Ht'peal Section 477.) ............................ 502 705 766 Amend Cocll' Rc>latiYe returns of State HousP Officials
466 :310 6:n

CO~L\USSIONEHS ROADS A:\D HE\'EXUES-

:\lethocl of aeating .............................. .

~20

\\'alker County, amt>ncl ......................... :{6;) 4:34 476

Cobb County, rqwal . . . . . . . . . . . . . . . . ......... 444 469 49:3

.Jaspe1 Uounty, repeal .......................... 484 572 :398

.Jasper County, create ........................ 484 ;)72 :)98

Butts County, amend .......................... 502 541 564

Jones County, rqwaI ............................ .

552

\Yare County, a1hend ...................... 503 541 599 8il2

CO':\DIITTEES, COXFEHEXCE-

House Bill Xo. ::!4, State Highway ................ . 929 929

House Bill Xo. :l6:l, General Tax Act ............. . 968 990

Senate Bill Xo. 41, FrPe Text Books ............. . 981 981

House Resolution Xo. :l4, Pension Appropriations

985 98:3 986 986

CO:\DIITTEES, SPECIAL--

I\otify GoYernor ................................ .

12

Inaugural ceremoniPs ............................ .

21

Reapportionment bills ........................... .

216

On Senate Resolution Xo. I:l ..................... .

223

l'n<ler Senate Resolution Xo. 47, Tax Commission ... .

978

rncler Sc:>natc Rc:>solution No. 58 .................. .

989

t'nder House Resolution Xo. 78 ................. .

989

To notify Goyernor ............................. .

995

CO~DIITTEES, ST AXDIXG-

Committee assignnwnts

199

CO~DIL'XICATIONS-

From S. G. l\IcLenlon, Secretary of State ........ .

16

From C. S. Barrett .............................. .

194

Capital RPmoYal Association ..................... .

240

State Highway Department ...................... .

269

Benson's Bakery, Athens, Ga..................... .

318

CO~L\IFTATTOX TAX (see Road Tax, Part I ) -

1002

INDEX.

CONSTITUTIONAL AMENDMENTS (see New Countil's)-

To amend so as to provide a new Article, XIV . . . . . .

62

To amend so as to provide for incurring debt not to

exceed 7'/o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

To amend so as to authorize use of State's credit....

64

To amend Art. 2, Sec. I, Par. 2................... . 64 721

To amend so as to abolish office of County Tax

Receiver ...................................... .

197

To amend relathe to earrying of side arms .... 221 268 287

To amend relative to Ordinary's fees ............. .

224

Put in force amendment to Par. 1, Sec. 1, Art. 7,

Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 705 723

Amend Art. 3, St>r. 2, Par. 1, New Senatorial District

346 418 521

CORONERS-

Inerease ft>es of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 403 421

CO'RPORATIONS-

Organize with non-par stock . . . . . . . . . . . . . . . . . . . . .

274

To increase capital stock . . . . . . . . . . . . . . . . . . . . . . . . . .

274

To issue nonpar stock ........................ 27:3 718 760

COSTS (see Procedure and Prncticc)All costs to be paid in treasury of certain counties 364 404 458
coeNTY OFFICERSTo provide for election of .......................... 2Hl 40:~

COL"NTIES AND COUNTY MATTERSIn counties of over 200,000 inhabitants plats to be handled how ................................ 414 454 474 To repeal Act authorizing Onlinary of Bacon County to collect special tax . . . . . . . . . . . . . . . . . . . . . . . . . 501 572 599

COUNTY SITE-

To change for Brantley County from Hoboken to

Nahunta .......................................

214

COUNTY TAX RECEIVER (st>e Constitutional Amendments, Part I)-

COUNTY TREASURERSTo abolish for Dougherty County ................ 63 211 221

COURTS, CITY AND CO'UNTYCity Court of Jesup .......................... 273 311 344 City Court of Reidsville . . . . . . . . . . . . . . . . . . . . . . . 315 351 383

IXDEX.

100~

City Court of Fib;geral<l ....................... ~99 454 475 Alma, repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552 571 59~ Gray, amend .................................. 662 704 722
COURTS, SCPREl\IE AXD SCPERIORTo rPgulatc salades of Superior Court Stenographe1s 214 267 293 Four terms for Habersham County .......... 235 :{11 344 377 Two terms for Clayton County ................. :n4 351 384
CROPS, GROWIXGDecla rc to bC' personalty ........................ 224 23:{ 24 i

D DRAIXAGE-
To amend laws of ............................. 412 705 760

E

ELECTIONS AND ELECTTOX LAWS-

Absent electors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 454 604

Secret ballot ........................... 6~ 233 247 326 340

Female franchise .............................. 26:i 403 460

Canvassing returns State I.Iouse Ofii<ials

466

EXECCTIVE SESSIONS65 496 515 711 7:l8 866 915 959 984

F

FERTILIZERS, CO~E\IERCIAL (see (;ode Amendments, I)To regulate sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To amend fertilizer law . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part
274 444

FIFAS-

Provi<le for levy and sale of . . . . . . . . . . . . . . . . . . . . .

675

FOOD-

To amt>ml Act relative to adulterating . . . . . . . . . . . .

319

FO'RESTHY (see Ga. Htnte Bomd of Forestry, Part I)-

G GAi>IE AND FISH-
To amend Act to eateh sha<l . . . . . . . . . . . . . . . . . . . 442 522 589
GEORGIA STATE BOARD OF FORESTRY-:To create ..................................... 413 454 475

](}()~

IXDEX.

GEORGIA STATE BOARD OF PHAH~fACYTo re,isl' laws .................................... 5:32 705

GRADE CROSSIXGS (so:<' Code AnwtHlml'nts, Part I)-

H HOTELS, INXS, ETC.-
To ro:gulate and inspo:ct ........................ ~J!l :lll 386 Guo:sts' propPrty ................................. 265 310

Hl'SBAXD AXD WIFE-

To tLstify for or against

i522

I

IXCO:\IE TAX (so:e Taxt>s, Pte., Part 1)-

1:\Sl'HAXCE-

l"nlawful to make false !'!aims ................ ~26 311 38:l

To nmend Insuranc<' Act ....................... :l2!l 40~ 520

::IIutual Fire Insuranee Co's. to sell certificates. -~~:l 511 6:l6

Authorize Yaluation of bonds of .................. .

46:3

Dt>fine Group Insuran<'e

~6:3

IXTERROGATORIESTo proYide for transmission and return of ........ 220 2~:) 280

IXTEH-l'RBAX HAILRO'AD8 (sL'l' Hailroatls, cte., Part 1)-

IXYITATIOXS-

To barbel'ue at Brunswick . . . . . . . . . . . . . . . . . . . . . . . .

22

From C. S. Barrett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l!l~

To barhc>eue at ::IIaric>tta . . . . . . . . . . . . . . . . . . . . . . . . . .

230

To attc>nd s~:niel's of Methodist Church . . . . . . . . . . .

261

Bar:wa Class, Central Baptist Chureh . . . . . . . . . . . .

:l03

ITIXEHAXT YEXDOH::> (st>e Taxes, Part 1)-

J

.JOIXT SESSIOXS-

To eanYass elertion returns . . . . . . . . . . . . . . . . . . . . . . . .

17

To inaugurate Gonrnor Hardwick . . . . . . . . . . . . . . .

18:)

To hear inaugural ad<lrl'ss . . . . . . . . . . . . . . . . . . . . . . . . .

2:30

JUDGES-

To proYi!le rotation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

285

.Jl'DICIAL CIRCUITS-

To c1cate a no:w Ju<lieial Circuit, Barron ........ 27:) 403 :32:l

Rearrange Cordele Circuit . . . . . . . . . . . . . . . . . . . . . . . .

:199

Time> of Cordeie Cireuit ....................... 6~6 718 90:)

INDEX.

100;3

K KINDERGARTENS (see Sehools, et<>., Part I)-

L
LEG18LATIV_g REFERENe~; DEPAHTMEXTTo repeal Act establishing ......................... 274 312

LIBRARY (sec Public Library, Part I)-

To establish Department of Library, History, etc...

237

LICEXSESHow insurance licenses rc\okcd

l\IANSlO'N, GOVEH.:\OH '8 (set' Publk l'rO}Jerty, Part I)-

:1\IASONHY, Pl'BLIC WOHK8, ETC.-

To create State Inspector of . . . . . . . . . . . . . . . . . . . . .

329

:1\IARKETS (see Agricultural Pmduds, Part 1)-

.MARRIAGE LICE.:\SE-

Amend laws relating to

662

::\IESSAGES, EXECUTIVEGoYernor Dorsey . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2S 69 114 GoYernor Hardwick ............... 189 263 296 368 4!10 514 665 707 727 750 874 906 906 907 944 955 955 955 956 958
MESSAGES, HOL'SE11 12 61 68 187 214 221 222 227 227 238 266 266 267
272 27:! 287 288 289 :;O;) :J20 321 :131 ;;;n ::!32 3:!2 352 35:! 353 :!54 354 :!65 365 :l!H 398 398 418 418 419 421 445 446 446 469 470 470 471 485 486 487 502 502 503 542 543 544 544 557 558 559 57:l ;374 515 576 5/7 578 624 62;') 626 627 662 663 676 677 678 727 728 729 750 751 752 837 838 867 869 881 929 9:!5 944 94;3 946 946 947 !J47 967 979 982 984
987 988 988 989 990 99:! 995 996
:MILITARY AFFAIRSTo amend Act reorganizing military forces ...... 285 509 590

:\IORTGAOES, XOTICE TO-

Record in 10 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

465

1006

INDEX.

MOTOR VEHICLES-

To amend law of Pope ........................ 2:!5 :n:1 481

To regula1c running of ....................... .412 557 668

To amend law of )fanson ...................... 413 557 765

How public shall use roads anll streets . . . . . . . . . . . .

511

N

XEGOTIABLl<~ IXSTRU)fENTS-

To declare law of

224

NEW COUNTIESCounty of Peach ............................. 62 227 248

Xl:RSERIESTo regulate business of ........................ 220 311 481

XURSING PROFESSIONALTo I'egulate ................................... 465 510 709

0

ORGANIZATIOX-

Election, President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Election, Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Election, President, protem . . . . . . . . . . . . . . . . . . . . . . .

8

:Messenger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

Doorkeeper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

Chaplain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

OPTO)fETRY-

To amend Act establishing Board of Examiners.....

274

p

PEXSIOXS-

To fix amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

274

PERSONAL PRIVILEGE-

Senator Hollingsworth . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2il

President Clay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:{60

)fr. Nix, 1\Ir. wamble, lb'. )fills, l\Ir. Johns, )Jr.

Jackson and 1\fr. Col!um ........................ 4~1 442

PHAR)IACY _{see Ga. State Boartl of, Part I)-

PROCEDURE AND PRACTICETo regulate practice and procedure in Courts of State ....................................... 21:{ 245 280 To prescribe bill of costs to Court of Appeals, etc... 226 268 280

INDEX.

1007

PUBLIC PRINTING-

:100 eopies Secret Ballot, bill

247

300 copies Senate Bill Xo. 38

418

PUBLIC PROPERTYTo exchange Governor's Mansion .............. 224 417 518

PUBLIC WELFARE-

To create Board

266

R

RAILROADS AND STREET RAILROADS-

To require passenger trains to stop at County Seats

213

Protection for shop employees . . . . . . . . . . . . . . . . . . . .

236

Passenger train crews . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

236

To regulate seating of passengers on street cars . . . .

237

To require separate cars for white and colored on

street cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 7

Passenger train crew, Manson . . . . . . . . . . . . . . . . . . . . .

265

Protect railway companies from wires strung by wire

companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 3Vl 632

To amend Code relatiYe to Inter-urban Railroads

285 403 460 870

Safe grade crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

413

Time limit for settlement of claims . . . . . . . . . . . . . . . .

444

Prohibit signs at R. R. crossings ................ 536 5il 724

REAPPORTION:MEN TTo provide for innease in membership of General Assembly ...................................... 189 198 215

REAL ESTATETo prodde for sale of interest or equity in ... 187 310 395 407

RELIEFOf Dan Odom ................................ 330 374 419 Of A. L. Binns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 374 419 Of J. A. Brooks ................................ 330 374 420 Of L. B. Williams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 493 Of J. A:. Cox . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 374 420 Of J. J. Price ................................. 586 669 738

REPORTS OF CONFERENCE COlUIITTEES-

On H. B. No. 24, State Highway . . . . . . . . . . . . . . . . . .

929

On S. B. Ko. 41, Free Text Books . . . . . . . . . . . . . . . . .

981

On H. R. No. 34, Pension Appropriations . . . . . . . . . . .

985

O'n H. B. X o. 363, General Tax Act . . . . . . . . . . . . . . . . .

990

1008

IXDEX.

REPORTS OF SPECIAL CO~DUTTEI<;S-

Committee to notify GoYemor .......~ ....... ......

1:1

Committee on inaugural program . . . . . . . . . . . . . . . . . .

65

Committee on Reapportionment Bill . . . . . . . . . . . . . . . .

216

Committee on State Highway ..................... 888 8!15

HEPOHTS OF STANDIXG CO:\DIITTEES-

Agriculturc ................ 2:n ;!08 aiO 4HI 4;);; ;>:!8 6:!8 703

885 914 !HO 941 942 94:! 94:3 Appropriations and Finanee .... 286 3:!6 370 415 4!12 5:!9 7:19 Banks anU Banking ............... . :):{6 41-:l 452 ;;;~7 ;);~7 7'-19

Comml'rl'e antl Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

569

Congnssional antl Legislati\e Reapportionment.....

414

Corporations ............... 275 286 349 312 415 450 451 469

504 539 607 639 71 I 750 98:!
Counth-s and County Matters ... 2:ll :w7 400 451 ii6!l 606 704

7lii 748 74!1 8:l:l 8:!5 866 970 Constitutional Amcmlnwnts . . . . . . . . . . . . . . . . . . . . 2:18 714 71;)

Drainage ......................................... 466 70:!
Education ......... 285 ;;;;8 ;;as 416 467 50;) 6:!7 716 S:l4 886

Enrollment ................................ 348 50H 609 9:li

Game and Fish ................................ 508 666 680 General Judiciary No. 1 ........... 2:18 307 337 451 537 701

701 71:3 713 741 886 942 General Judiciary Xo. 2 .. . 264 306 ;)37 402 540 701 7:{9 886 Hygiene ant! Sanitation ....................... 401 50(} 704

lnsuranre . . . . . . . . . . . . . . . . . . . . . . . . . 308 337 507 508 714 il6

:\Iilitary Aftiairs ................................. .

507

l\rims and ~Iiuing ............................... .

37:3

Penitentiary ...... ........................... 681 682 6!)5

PenRion~ ...................................... :!50 601 700

Pri,ilegts and Elections ................... 2:12 450 505 702
l'riYilegts of Floor ........ 2:!9 27:3 :w5 ::69 491 669 745 SB5

Puhlit Library ................................ :!07 556 ;369

Puhlil' Printing .................................. .

448

Publit Property .................................. . 416 746

Publie Hoads .................................... . 556 638 Railroads ...................................... 37:3 507 746 Rules ............................. 349 506 712 738 744 880 Spcl'ial Judieiary . . . . . . . . . . . . . . 264 :!09 Wt1 372 449 467 490
504 538 5:39 570 608 608 666 666 702 747 8B3 886

IXDEX.

100!1

State of Republic-

TI.'mpl.'ran~e .................... :. . . . . . . . . . . . . . . . .

8:15

Tuberdosis Sanitarium, at Alto . . . . . . . . . . . . . . . . . .

68-!

l~niform Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:no

Fninrsity of Georgia ............................ .

Western and Atlantic R. R. . . . . . . . . . . . . . . . . . . I 48 s:l~ fl~:l

ROSTER CIYIL 'VARTo rl.'pl.'al Ad cteating Boaril

s
SHAD (st>l.' Gam.' and Fish, Part I)-

SCHOOLS AXD SCHOOL LAWS-

To amtJHl Act to codify schol laws . . . . . . . . . . . . . 21:1 :1:19 495

To establish Bom<l of E<lu<'ation under ounty unit

plan .................................... ~1:1 :l:l!l 462 48:1

To nmtn<l Art todifying school laws, 'Villiams .....

226

To anll'n<l Sl"hool laws, Fleming and Bond .... 2:11 281 :n1 :l24

To codify school laws, Rountrl.'c ............... 265 4li 521

Hep!'al St'etion 65 of school laws ................ .

266

To l.'stablish kin<lNgartcns ..................... ~1:1 418 ill

Consolidatl.'d sdwols in eac-h c-ounty ............. :IIi) 418 46il

C:knwoo<l public sehool, R!'pl'al ............... :l]ii :1:1n :18:1

fllynn C'ounty, AnH'nd ........................ 445 510 5:15

Fr!'!' Tl.'xt Books ...................... .'... ~20 i\Ofl 6HI 979

Oilla, Jepeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5:16 642

Sparta, amend ................................ 6i;) 71 i i;39

SCHOOL OF TECHXOLOGY (s-'e Approp1iation~, Part HI)-

SECCRlTIES CO~DHSSION-

Helating to establishment of ...................... 221 ;)]0

Relating to prol1ihition of sale of stcuritits.... . . . . .

221

To amend Art al.'ating, Wall and David ........ 2:16 510 60:1

SEXATORIAL DISTRICTS (see Constitutional Amt'IHlnll'nt, Part I)-

SEWAGE (se!' Str!'ams, Part I)-

SIDE AR~IS (see Constitutional Amendment, Part I ) -

SOLICITORS-GENERAL-

To fix salary for Blue Ridge Cireuit ........ 2:18 :n 1 :144 iiii2

'fo amentl Art abolishing fee systPm of Cordele Cii-

cuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

:lfl9

1010

INDEX.

STATE AUDITORTo create office of ............................. 18!l a:~!l 441

STATE HIGHWAY DEPARTl.iENT-

To abolish attorney for . . . . . . . . . . . . . . . . . . . . . . . . . . .

188

To reorganize ................................. 444 535 564

STNI.'E TREASURYAll moneys collected to be placed in . . . . . . . . . . . 364 418 475

STEXOGRAPHIC REPO'RTERS (see Comts, Supreme an\l Superior, Part I)-

STREA~IS-

To prohibit lumping of sewage . . . . . . . . . . . . . . . . . . .

466

STREET RAILROADS (see Raill'Oads, etc., Part I)-

SUPERSEDEAS BOXDAssessment of

:n5 404

T

TAXgs AND TAX LAW85!l1 614
To I'<'gulate assessments of proprrty, repeal 212 310 362 378 547 565
To amend Inheritance Tax Act ............ 21:1 :l:l!l :!62 3!l:l To fix commutation tax for Hall County ......... 226 :l11 320 Inrome tax, Goluekc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:l7 4!l2

TAX RECEIVERS (see Constitutional Amendments, Part I)-

TE:\IPERAXCE DAY-

DI.'signatc in public schools . . . . . . . . . . . . . . . . . . . . . . .

46:)

TEXT BOOKS (see School Laws, Part I)-

TURPENTINETo regulate capping boxing, etc., of "trees for .... 414 572 882

tT

UXIVERSITY OF GEORGIA-

To substitute Board of Regents for Boarll of Trus

tees . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .

445

w

\VATER (sre Board of Health)-

I~DEX.

lOll

WESTER?\ AND ATLA~TiC RAILROADTo ered new depots in certain cities ............ i73 886 928

WOHL .. EXDER, ED.-

Oath of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

PART II.

SE:ii:ATE HE~OLlJTIO'XS (see Relief, Part I ) -

To notify House that ~enate organized . . . . . . . . . . . .

11

For joint session to call\ass \ote . . . . . . . . . . . . . . . . .

12

For joint committee to notify Go,ernor

12

Adopting rules for Senate . . . . . . . . . . . . . . . . . . . . . . . .

13

To 1aise committee on inaugural program . . . . . . . . .

13

To provide joint session for inaugural ceremonies . . .

13

Helative to coll\assing retums of election of Attorney-

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18

'l'o provide committee to i11vestigate State Treasury

64 195 196

To attend barbecue at Brunswick . . . . . . . . . . . . . . . . . .

64

To amend Hule 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11:11

To invite Hon. T. E. Watson to make address . . . . . .

197

To adjourn to July 5th . . . . . . . . . . . . . . . . . . . . . . . . . .

218

Providing for joint session on July 8th . . . . . . . . . . . .

224

Providing for compensation of certain attachees....

228

Vote of confidence in State Dept. of Agr. and State

College of Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . .

245

l\Iemodalize Congress relative to illegal taxes on

cotton 1865 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

246

Investigate State Department of Agl'iculture ....... 261 281

Joint Committee to investigate State Department of

Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 294 515

Joint Committee to ill\estigate salaries of State

officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

294

A. E. Elmore to address Senate ................... .

295

Privileges of floor to Hon. G. Ernest Jones ........ .

295

Privileges of floor to Ex-Sen. John Callahan ....... .

305

Capital removal .................................. .

316

H. R. No. 5, Special Order ........................ .

345

AgreE'ment of State and Tl.'nn. Copper Co....... 348 374 407

Imestigate Agricultural Sehools ................. . 361 396

IXDEX.

On lmrht'<'llt' at lfarietta . . . . . . . . . . . . . . . . . . . . . . . . .

:11"11

(.)u important legislation . .. . . . . . .. . .. . .. . .

:lGJ

Special orthr July 20th, Golucke . . . . . . . . . . . . . .

:164

Orinking eups for Senatt' ........ .'................

:Iii

Illne-ss of llrs. C'. JL Ptturcnk . . . . . . . . . . . . . .

:liSI

\\'. B. (1nel.~ a11<l Giff'or<l Pimhot to make address. .

411

Fl<wr txten<lc<l to )[r>~. W. C. Xeill . . . . . . . . . . . . . . . . .

41 i

Floor extentlNl to lion. e. F. lfcLaughlin . . . . . . . . .

4.li

Thanks to Congressman Cri~<tl ............... 422 41t4

To l'XPPlitt lusines;; ........................

464

Priviltgt \\'. Hon~r lla,hlson ................... .

4!11

Oil Painting of lion. Frank 1'. lfif't> ............

4!16

Oil Pointing of Gen. Jno. H. (lortlou .........

4!li

Oil Pointing of GoYs. IIoke Kmith, Hugh Dorsey, Jo,;.

li. Brown ..........................

49i

Ultmrted famine in Georgia ...........

498

Joint <.:ommittee ou Buarcl of Regents .........

498

Afternoon sessions .............................. .

515..

Comut.ittlt report S. B. Xo. 2 ...................... . 536

Hdllt i ve to incom~ tax mettiiUre ...........

553

Th:mking Meey. l[tCiatdw~ ..................... .

Ht'llJIJiortinnntent Committt'ts durinjl Yll.tation ......

587

Rl'lllOYL' toab; tluring Kl!ssiun .......

6111

Pittsburg Plus systlm ......................... 618 642

ll:mmr of tlis[lllsing funds in State 'freasury....... .

6111

Ooo!l wishes to Senator (.'olson ............

64!

Provide Joint Comntittel! ou uniform Fish Laws ..

710

Hcturn of R. B. Xo. ii04 antl JJ. :R. Xo. 50ii ....... .

871

Committe<"S on l'"ni\etsitr to \'isit ................

8il

Committt'es on Penitentiary to ,isit .......

Sil

II. B. Xo. iiiJi and H. B. Xo. iiiiS rt>furn to Scuatt ....

8i9

llll~Inpathy to St'nator Bontl ......................

881

l!onsent of State for Spring StrNt Yiatlutt ......

!I Hi

S,vmpathy for &nat.ors J:ukson aml Ridley .......

922

Imestigate Oa. State Sanitarium ................ .

!1:~6

r . r~IHlorsiug

H. Senator Watson .. ' ..........

KytnJmthy to Senator Colson ........

Thanking SNretary of Senate ..........

Otneral At<llt>mbl~ ntljoutn, sillt'lie .............. .

IXDEX.

1013

PART III. HOUSE BILLS.

A APPHOPHIATIOX::i-
$25,000 for uphcp of buildings ................ 26!1 2fl4 ;n:l $25,000 for contingent fund .................... 2/i :liHl ;J~;j $i5 for Stenogi'Rplwr for Tax Committte ........ :l:l;j :116 4;)6 Appropinte for <'l'rtain tleficirncies, DuRosr an<l
Dudlry ...................................... 560 885 H51
GtnNal Appropriations ................... iiO s;n !l16 !116
Sehool of 'fechnology, 1!121 ................ ~68 SS.i 96-! fiG;) Appropriate $150,000 to Ga. State Sanitarium ~68 fl;i:l fl54 !l60
Appropriate $1,050,000 for pPnsions .............. sm; 8~5 fl-!8
Rcimlmrse <igarettt> anti tohatco tax .......... 86!l 885 fl;)2 $ii,OOtl Ga. Ttaining School for :\len tal Dl'fedins .. Si;) 88;) fl61 $5,000 !lth Dist. A. & :\I. School .............. ~8:2 8~3 !1-1!1
$:10,000 StatP Xormal Sthool, Atlwns ........... ss:l !105 !lt;::
APTO:\IO'BJLgS (s<e :\lotor \'<hid<s, Part Ill)-

B BAIL OR BOXD-
Pro,i<ll> for misdl'meanor bai I ................. ;)8-1 61:2 668 Profrssional hondsmen . . . . . . . . . . . . . . . . . . . . . . . . . 58;; 61:1 iOS

BEJ<;S, HON'EYAmend A<'t, prenntion of tliseasc ................. 628 ill(}

BILLS OF EXCEPTIO X (see l'ral'til'l' and Prol'ltlure, l'a1t I)-

BOX OS, STATE (sep Puhlie DPbt, Part lii)-

BOXD COl\Il\IIHSIOXTo anlt'nd Ad er<ating for Ware Connt.v ....... :228 2:1:1 :2+7 ProYi<l< for Wil<ox County .................... 618 il!l i6-l

BHAX'fLEY C01'XTY-

To <ornrt mistak<'s in Ad ereating . . . . . . . . . . . . . . .

7'1l

Bt'DGE'r CO:\DIISSIO'XTo rreate for 8tatP . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5~3 885 fli2

c
CALCH~:\f ARSEXATEState Boar<! of Entomolog~ to purthase ........ 583 i06 i23

1014

INDEX.

CHARTERS, MUNICIPAL-

Ct>dartown, amt>nd ............................. 277 :\:)2 ;{8:1

Toccoa, amend ................................ 2!l0 :1,)2 :H!l

Burroughs, repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 :152 :180

l\Ioultrie, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

291

Berlin, amend .................................. 292 3:31 :l82

CrawforddUe, amen<l .......................... 293 351 :!82

Rossville, amend ............................. 2!J:l ;{;}! :l80

Warsaw, amend .............................. 321 352 379

Syhester, amend .............................. 323 364 459

Griffin, amend ................................. 32:{ 352 382

Augusta, Fire Dept. . ......................... :1:1:1 376 429

Alapha, new charter .......................... 355 512 526

Athens, amend ................................. 3i'i6 512 53:1

Pelham, repeal amending Act . . . . . . . . . . . . . . . . . 3ii7 512 527

Pelham, light and water plant .................. :!:37 512 533

Atlanta, amend ............................... 357 428 434

Savannah, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 541 56:{

Alapaha, repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3ii8 512 ii29

Canton, .amend ............................... :l5!l 512 528

Blakely, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42:1 511 5:ll

Columbus, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42:1 51a 528

waynesboro, amend ........................... 424 642 654

Clayton, amend ............................... 424 514 530

Brunswick, Amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424 514 :i:lO

Albany, amend ........................ 447 513 :i:H 551 587

Boston, establish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 51:1 5:11

Cumming, amend ............................. .474 514 527

Aldora, amend ............................... .474 513 529

Atlanta, bonds ........................... .472 512 532 762

Forsyth, repeal amending Act ................. 473 514 5:l2

Conyers, qualification of voters ................. 54ii 611 650

Americus, amencl .............................. 545 612 646

Willie, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54:3 613 65:{

Cairo, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545 611 658

l\feigs, amend ................................. 545 612 65!l
Jackson, amend ............................... 54:! en 655

Savannah, Board of Harbor Commissioners ..... 546 641 657

Savannah, amend ............................. 546 641 647

Ludowici, amend ............................... 547 610 652

Columbus, amen(l ............................. 547 533 616

Elberton, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560 613 6.''i7

Blackshear, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560 613 653

Douglas, amend ............................... 560 597 648

INDEX.

1015 .

:\lonroe, amend ................................ 561 612 653

Dalton, create ................................. 561 641 654

Folkston, amend ............................... 581 640 655

Meigs, amend ................................. 581 641 651

l\It. Airy, amend ............................. 581 640 656

Eastman, create ............................... 581 640 646

Pine Park, amend ............................. 581 641 655

Valdosta, grades, streets, ete. . .................. 581 641 656

Wadley, amend ................................ 582 640 64!1

Cor(lele, amend ................................ 582 641 647

Decatur, amend ................................ 582 642 64!1

East Point, amend ............................. 584 641 652

Atlanta, planning commission .................... 586 674

Quitman, amend .............................. 629 718 757

Atlanta, limits extended ....................... 66"1 719 724

Atlanta, property annexed .................. 664 717 724 872

Manchester, amt>nd ............................ 665 718 763

Warwick, amend .............................. 678 718 763

Macon, amend ................................. 679 718 758

Millen, amend ................................ 679 718 763

Atlanta, Kirkwood annexed ................... 679 718 766

Kirkwood, repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680 71

l\Iadison, amenrl .............................. 680 719 758

:Moultrie, amend .............................. : 680 884 927

:\facon, amend ......... : . . . . . . . . . . . . . . . . . . . . . . . . . .

72!1

Robertstown, repeal ............................ 731 755 878

Temple . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 731 756' !:!76

Logansville, amend ............................ 772 885 927

X orristown, repeal ............................. 875 885 !128

CHILDREN'S CODE CO:\'C\HSSTON, GEORGIATo ereate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 770 832

CHIROPRATICTo regulate practieeof .. .. .. .. .. .. .. .. .. .. .. .. .. .. 313 340

CODE AMENDMENTS-

Section 6035, Banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2!10

Section 660 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

290

Section 124rl, State Depository, Morgan . . . . . . . . 3f:i6 455 477

Section 4809, amend, time of appeal ............. 366 404 458

Section 2167, women to vote . . . . . . . . . . . . . . . . . . . . . . .

423

Section 1249, Ellijay Depository ............... 447 541 562

Section 1249, Alma Depository .................. 447 542 562

Section 1249, Alston Depository ................ 448 542 562

Amend relathe to street improYements ............ 472 '721

]()16

IXDEX.

Amen<l 1899, pilots at port of St. :\Iary 's ........ 47:1 493 588

Sl'dion 5248, (Voeelll') .......................... .

58:1

Seetion 1087, (Blalock), subml'rgl'u Jan<ls ....... :38:1 755 967

Settion 5!14, (Smith, etc.), hunting .............. :3S4 667 978

Amend Code, pilots ............................ 628 902 911

Amend Code, .Judges in certain Cireuits ........ 628 674 72;)

Amend Colle, bonds for title ............... 6::!~ 67 4 742 768

AmC'ncl Co<ll', Supel'ior Courts ..................... .

62.'l

AmC'n<l Co<le, l'\'idenl'l' in injunctions ........... 629 721 761

AnH'lHl Co <It, fl'rtilir.Pr tag tax .... .'.... 6::!!) 67:i 7~6 740 74:1

Ameucl Seetiou :1:121, JiatchN of :\Tuseoge1' ... i06 88:) 974 98:1

AnuJul Code, sale of mortgagtd propert~ ...... 'i7tl SS:I 9~;)

Amt'JHl St'dion lifl:l, fl'rtili?.Pr tag tax ........ 86~ !1(11 !l(i:!

CO':\DIISSIO:'\ERS OF ROADS AXD HEVE:'\lii~S-

To rcpC'al A1t ercating Boal'!l for Douglas Co... 217 21!1 4::!5

To ercate a Commissioner for Douglas Co . . . . . . . . 217 21!) 426

To rl'pcal for Colquitt County .................. 2!)1 720 757
To erl'ate for Colquitt County .................. 2!11 nn 9;)6 Three Commissionl'rs for Bulloeh Co., create .... 291 40:) 4._,,-

He peal Oil<' Commissiontr for Bulloch County ... 2!1:! 40;) 4:10

:\Talison Co., malte title to Madison Co. High S<hool

2!12 40:> 4:10

Hl'ptal for Emanul'l County ...................... .

:12:!

Create for Emanul'l County ..................... :122 57~ 602

FiY<' Commissioners for 'Vayne Co. . ........... :1:1:1 404 42!1

l'rtatc for Ellingham Co. . .................... :1:~:1 404 4:10

To rC'pC'al for Henry Co........................ :1:14 :17~ 600

To reate for Henry Co. . ...................... :1:14 57:1 60tl

To npeal for \\'bite Co....................... :1:14 40:> 4:11
- To ercate for 'White Go........................ :1:15 405 4'))
Bi-monthly m<.>etings for Chatham Co. Boar<! ...... :155 :li5 4:!:1

Anwnd for Liberty Co......................... :1:17 45;') 478

Compensation for Hanis Co..................... :158 406 4:l:l

Anwn<l for J<~,ans Co. . ......................... :167 40;) 434

HPpcal for Piene l'o. . ......................... 400 455 480 Cnatt for Pierre Co. . ........................ 400 4i)i) 4/(i

AnwJH] for Wilkinson Co....................... 400 4:)i) 47!1

C'hl'roket Co., ~pedal Board for 11cw Court Housl'

47:1 ;)42 ii6:1

Catoosa Co., roa<l a<'J'O~s StatC' proptrty ........ .47:1 ii41 !17:>

:\Iontgomcry Co., crl'atl' . . . . . . . . . . . . . . . . . . . . . . . . . . .

474

('anoll Co., ineJ'(ase ll)CtnhNship ............... 4R7 61:1 661

Ghattooga Co., CIC'rk ........................... 488 611 6;)1

ElbC'rt Co., Bon<! Commission .................. .48!1 ii73 603

I~DEX.

1017

Elhert Co., amend ............................ 4!10 ,;;a 6lii

Htephens Co., repeal .......................... ,;o:l ;372 602

Ht<'phenti Co., rrcatt ........................... :)04 :312 60:1

L<'e Co., create ................................ 546 610 6ii.J

Franklin Co., cr!'ate ............................ :37!! 71!1 7:):!

Do<lge Co., nmentl ............................. :Ji!l :1!17 648

:\Iontgonury Co., r<.>peal . . . . . . . . . . . . . . . . . . . . . . . . . . .

51!1

Charlton Co., r<.>peal nmeJHling A<'t ............. iil!l 611 656

Charlton Co., arl ,almem tax .................... iiSO 612 650

Jasper Co., rep<'al ............................. iiSO 612 6()1)

.Jasper Co., rreate ............................ ,;)80 612 660

Franklin Co., repPal .......................... :)80 720 7:ii

Crisp Co., <reate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G~!l i1!l 7;)8

Long Co., treate .............................. 6:l0 706 i2i3

Chal"lton Co., <reate ..... , ..................... 6:l0 720 7:;!)

Tdfair Co., Neate ............................ 66-~ ll!l 762

Telfair Co~ r<.>peal ............................. 6Hii il!l 762

Regulnt< memh<.>rship in <<rtain Countil's . . . . . . . . .

66:)

Toombs Co., amrncl ............................ 678 88:) !lil

:\Iurray Co., abolish ........................... 72!! 756 877

Putnam Co., rPpPrtl .......................... 72!1 iii6 876

Chatham Co., tollr<"t taxes tJnrtrtprl,, . . . . . . . . . . . . . . .

7:ltl

Charlton Co., n'ptal Ad relatin to at! vnlor<'m tax 1:10 867 !lll2

Baldwin Co., amencl ............................ 7:10 8:!7 !102

Tl'rrell Co., amencl ............................. 771 8:17 !l04

.JeffNson Co., romp<'n~ation .................... 772 S:l7 !l04

Can<ll<'r Co., n<.>w Court Honse ................. 11:1 8:16 887

CO:\DH'TATIOX TAX (~P<' Hoacl Tax, Part JII)-

COXSTITI'TIOXAL A:\1 EXD:\IEXTSTo am!'Jul so as to t'hange County lines of Cook Co...

COOK C'OPXTYTo rhang<' lmundary ........................... ii.J6 6iii 760

COC~TJEH A~D COl'~TY :\I.ATTEH8Heeorcl hook in eath Coun'ty, militar.' <lisharg<'~ . ."::66 :ill iiSS Turnpr County pa,v Cl<'rk an<l Slll'riff .......... 412 4!l:l ii16 Offitials of Charlton Co. gi\'<' ~url'ty l.Jon<l ......... 6:10 720 iii!l

COl:XTY DEPOSITO'RYCoffee Count), rPpt.>al ........................... 7:10 7:36 877 Coif<'<' Count), cr<'ate .......................... 7:!0 756 876

COl:XTY TREASCREHSTo repeal Ad. to aholish for H<'nry Co.......... :l:l4 455 477

1018

INDEX.

To provide Treasurer for Henry Co........ : . .. :334 455 476 To abolish for Lanier Co. . ................... :!35 405 432 Compensation for Treutlen Co................... 358 406 433 Create for Webster Co. . ....................... :358 455 479 Amend for :i\<Iitchell Co. . ...................... :167 406 479

COURTS, CITY AND COUNTY-

Amend for Thomasville ........................ :!66 456 477

Amen <.I for Metter ............................ :167 456 478

Amend for Camilla ............................ 367 456 478

Create for City of Cleveland . . . . . . . . . . . . . . . . . . . 447.: 469 494

Create for Crawfor<lville ...................... 472 493 517

Baxley, amend .............................. .47:1 493 516

SaYannal1, amend .............................. 488 513 529

Hinesdlle, amend .............................. 488 51:-1 528

Nashville, amend ............................ .489 514 5:10

Floytl County, amefi(l ......................... .489 514 532

Valdosta, amcntl .............................. 490 513 533

Ashburn, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

503

Ludowiei, establish ...... ..................... 545 610 646

:\Iaeon, amend ........... , .................... 547 613 659

Barnesville, create ............................. 560 667 709

Ashburn, repeal . . . . . . . . . . . . . . . . . . . . . . 560 572 602 667 707

Washington, amend ............................ 629 674 708

Eastman, amend ............................... 7:11 755 877

Swainsboro, change terms ...................... 771 837 903

Sylvania, amend ............................... 772 836 903

CO"GRTS, MUNICIPAL-

Maeon, amen<l ................................ 547 61:l 657

Savannah, amen<l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

546

COURTS, SUPRK\fE AND St'PERIORFour terms for Floyd Co. . .................... :12:1 :37;'i 42:3 Two terms for Cook Co......................... :12:1 340 :!81 Reduce terms, Wilcox Co....................... :1:1,3 376 424 Compensation, Court Reporter, Laurens Co....... :1:1:1 37;3 4;"i7 Four terms 'Valton Co......................... 356 :H5 406 Four terms for Habersham Co................... :l56 376 4:l1 Change time for Taylor Co. . ................... 356 376 459 Change terms for Montgomery Co............... 357 376 432 Change terms for Atkinson Co. . ............... 561 667 708 Three terms for Wheeler Co.................... 629 706 726 Four terms for :Madison Co..................... 630 706 725 Rockdale Co., four terms ..................... 770 867 887

INDEX.

1019

D DE)JTAL LAWS-
To rcYise ..................................... 289 404 428
DOCKETRegulate eall of in Superior and City Courts . . . . . . 679 721 975
DYNAMITE (see Explosives, Part III)-

E
ELECTIONS AND ELECTION LAWSExecutive Committee of political parties in Coffee Co. 290 573 601
EXPLOSIVESTo regulate purchase and sale of . . . . . . . . . . . . . . 313 511 711 To prohibit aliens from storing in State ......... 586 597 661

F FENCE LAW-
Relative to voters in election. on ............... .472 541 563
FERTILIZERS, CO'MMERCIAL (see Colle . Amendments, Part III)-
To amend Act to regulate sale of .............. 882 902 973
FUNDS, COUNTY (see County Depositories, Part III)-

G

GAME AND FISH-

State Commissioner to declare open seasons . . . . . . . .

582

Amend General Law, l\Iigratoy Binls ........... 706 885 975

GASOLIXE (see Taxes an!l Tax Laws, Part III)-

GEORGIA CHILDR:K~ 'S CODE UO:i\Il\IISSION (see Children's Code Com., Part. III)-

GEORGIA STATE UAXAL AND WATER-WAY COMMISSIONTo Board of . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 322 468 588

H
HARBOR, PORT AND TERMINAL COMMISSIO'NTo create ..................................... 364 400 601
HEALTH-

111!!0

lXDRX.

I
lXSrHAXCE (sl'C Corporation!', Part lll)Yalidation of bands heltl by Insumn<e Co...... :166 511 761 Lossl's by lightning, l'li:JIIosicms, l'tt., (Dobbs) ... 51'!:3 71S 761 Amentl Avt creating Dt!partml'nt of ..... 628 642 i20
;r Jt:'DWIAL OIHCUITB--
To amentl Ad el't'ating Ogl'et-hl'e Cireuit ........ 448 4!l:l iH7 Ht>arrange Cotdelc and Tifton Circuits ... 489 541 60i
.H.RIES, GRA'N'DJ<:xamine revottls twice annually ....... 665 884 926
.Jt.ROHSConipensation in ttrtain COlintil's ..... 6:!i 721 SiS
JPRY CO:\C\IISSTONERSTo fi:x eompl'nsation, DeKalb Co. ...... 488 611 658

L
I.JQrOR, WJIISI<EY, ETO.Oflilers nqul'!<tecr to innntory liquors Sl'iZI'<l ... i6!l s:H !lli

:M
lJIDWAY SOCII<:TY OF LIBERTY corxTY)ft>mbership of ................................ 2!10 :!75 42!!

YILITARY AFFAIRS (sl'e Counties, ete., Part III)-

llO'TOR VEIJICLESTo ame11tl law, sale of tngs ............. 447 5:l:J 7:12 !!30 To tegulatc usc on streets ...................... ii61 640 !l2ii

0 OlWIXARmS-
Fcl's ntul Cont)lt'lllllntion for Lnnier Co....... 586 fill 652

p

Pl.ZXSIO.XS-

.

:\Irs. Elizabeth Shurley . . . . . . . . . . . . . . . . . . . . . . . . . 582 614 iO!l

PILOTS (13"e Code Amcntlments, Pnrt III)-

PRACTTGE AND PROCF:D!7HETime for cross bills of exceptions ........ 584 i!l 974

PlUllAHY ELECTIO:XS (sec Elections, Part III)-

IXDEX.

1021

Pl'BLIC DEBTIssue bonds to retire .......................... 771 832 966
PTIBLIC ROADSTo amend Aet for Toombs County .............. 7il 884 926
R REAPPORTIOX::\IEXT-
To provide for increa"ed representation of General Assembly .................................... 2li 223 2:l2
HELIEFRelieye eertain bonclsmen in White Co., E. L. Russell ......................................... ii7:l 61!1 l\L W. Hutfhinson ............................. 680 718 ii:l
HOAD TAX-
Abolish Banks County Commutation Tax Act .... ii2 s:n 904
s
SCHOOLS AND SCHOOL LAWSTo abolish system of Wrens . . . . . . . . . . . . . . . . . . . . 268 340 :160 To amend Act for l\Iaclison Co. High School ..... 2!12 405 4:n Create for Grantville .......................... 322 340 :lSI Repeal for Talbotton .......................... :l22 :340 381 Amend for Blue Ridge ......................... :!23 340 380 Amend for ::\Iarshallvillc ....................... 423 468 494 Repeal for Pineview .......................... .424 469 511 Inman School District, repeal .................. .414 514 :321 Canon, amend ................................. 546 612 658 Amend Act coclifying, (}fason, etc.) . . . . . . . . . . . . 582 885 913 Milltown, repeal .............................. 585 613 659 Sylvester, repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585 597 641 Temple, repeal ................................ 585 597 64!1 Wadley, abolish .............................. ii85 5!17 650 Villa Rica, repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586 591 651 \Vaycross, amend .............................. 6i8 '718 753 Ocilla, repeal .................................. 731 !102 !125 To amPnd Act fixing rate of taxation for ....... iii 836 90:l Tennille District, abolish ....................... 875 !101 !121
SOLICITORS-GEXERAir-Rcpeal for Albany Circuit .................... 367 46!1 4!lii Amend for Atlantic Circuit .................... 447 492 516 Abolish for Cordele Circuit . . . . . . . . . . . . . . . . . . . . 489 5i3 600 Abolish for Atlantic Circuit, amendment ........ 583 ;)9i 648

]0!?2

INDEX.

STATE IDGHWAY BOARD (GEORGIA)'l'o amend Aet creating .................. .,447 533 732 930

T TAXES AND TAX LAWs-
Amend General Tax Ad, Cnlprpprr .... 561 598 774 775 838 Provit1e oeenpation tax, guoline ..... 664 674 '140"
TOBACCOStatistics of lt>af tobatteo in wart'honses ......... 277 364 458
TRADETo prohibit restraint of traile ................... ; 561 98:!
Tt:TTLE NEWTON HQ)fF..To re-convey title ......................... 630 'j;)6 869 878

w

WATERl\fELO'NS--

Loading and shipping

584

WESTERX AND ATLANTIC RAILROADTo diseonnt rental of ........ 423 641 670 674 To ert'et 1u.w <lepots .............................. 7'13 836

WHISKEY (see Liquors, Part III)-

PART IV.

HOUSE REIIOLUT!Ol!I'S.

HOrSE RESOLUTIONS-

To memorialize Congress relative E't'deral Farm Loan

Aet . . . .. . . .... .

68

Rt>questing State Highway Commission to furnish in-

formation .......... 222 228 246 248

:\femorialize Congress relative to Swamp Lamls . . . . . 246 268

Innstigate State Highway Department .... 268 282 359

Memorializl' CongrttSs, Ulegal Cotton 1863, ete.... 268 282

erging Georgia Congressmen to aclvoeate Farm Loon

Bill . . . . . . . . . . . . . . . . . . . 276

Requesting State Higbwa.y Boanl to report expendi-

tures ........ ......................... .......... 355

Sympathy to Rep. W. J. Green of Jones Co..........

420

:h!emorialize Congress, boll Wt'f!Yil .

487

IXDEX.

1023

State Library to furnish Quitman Co. Clerk certain

books ......................................... . 488 557

Reapportionment Committees during recess ........ .

586

Reconvey title to Tuttle Xewton Home .......... .

6.10

Uniformity of Ga. and Fla. Iaws on fishing ........ .

631

Congress to regulate traffic of States ............. .

772

Congress to eliminate boll weevil ................ .

77~

Committee on Academy of Blind to visit .......... .

773

Return of H. B. No. 386 .......................... .

773

::\fail 1Jnfinished Business ......................... .

871

Remain o\:er 5 days ............................. .

871

All nu~tter go over as Unfinished Business ......... .

8-lw.,

Arrange temporary residence for Go,ernor ........ .

905

Concerning burial of Confederate dead .......... .

936

Request Governor to return H. B. No. 469 ....... .

968

To notify Governor of adjournment .............. .

995