Journal of the Senate of the State of Georgia regular session at Atlanta, Wednesday, June 28, 1922

JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA
RE.GULAR SESSION
At Atlanta, Wednesday. June 28, 1922
1112 2 Hl HJ> l'IUNl'l.SG CO. ;;tll.tt Pliuttr
A.TL.\.Sl'.-\, GEUIWU

JOURNAL
SEXATJo: CHA:\IBER, ATLAXTA, GA.

The Senate met pursuant to law, thiH day at 10 o 'dock A. M., and was called to order h~- tlw President, Hon. Herbert Clay.
Prayer was offered h,,- the Chaplaiu.
Upon the call of tlw roll the following Senators answered to their mmws:

.\kin, L. R.
Bellah, ,J. :\l. Bond. t 'hu~. X.
Boykin, .James H. Brown, L. C. Camplwll, R. \V. Child~, E. \\",
Collum..r. :)!.
l'obon, D. C. CUJw, llow<>ll Du,id. "\. B. na,i<h-on, .J. E. Elli~, H. l'. Fle1ning, Deni:-0 Fleming, W. 0. Foy, .John E.
Golu<"h, Ahin <:.

Rural""' Pat Hollin)!>Worth, .T. t'.
Holm"' H. H. Hunt, T . .:'II. Hutthtn,, H. C.
.huk""' ,J. B. .John,, 0. A. .Jone~, .John H. .Tom~. 0. K. of lith
KilllZl',\', ~lll
La,,ittr, \\'. H. :\lan,on, Frank t . .:\!ill~ ..T. H. Xix, 0 ..\. l'alnwur..f. E. l'eat<><k, C. H. l'opt, Da,id F.

Hitlmnl,, \Yill Hitlh~, Dr., l'. L. Hountret..J. L. :-;JwtfiPld. H. H. :-;now, Ru,sdl E. :-;tonlil, E. B. Tarplty, R. 0 . Taylor. (~Po. \\". Thoma,, .fame> R. Thorp<', E. :)L \\'alk ..r. B. F. \\'all Dan \\'tanr, .J. D. \\'illiani', \Yilt'~ \\'ohlwt'nder, Ed. \\'omhlt, .:'II. D. )lr. l'rl'sident

The following resolution was read awl adoptPd:

B~ )Ir. Xix-

A resolution instructing the Secretary of the Senate to inform flw HousP of Representatives that the Senatt has convened in regular session.

4

JouR~AL oF THE SEXATE,

The following resolution was read and adopted:
By Mr. Boykin, Mr. Clay and Mr. Snow-
Whereas the beloved father of our distinguished Senator John H. Jones of the 37th passed away on June 25th,
Be it resolved, That the Georgia State Senate express to Senator Jones its deepest sympathy.

~Ir. Xix, of the 51st, moved that the Senate take a recess subject to the call of the Chair and the motion was adopted.

At 10 :25 A. M. the Senate was called to order by the President.

The following message was received from the House through Mr. ~Ioore, the Clerk thereof:
illr. President:
I am directed by the House to inform the Senate that the House has met in regular session and is ready for the transaction of business.

The follmving resolution was read and adopted:
By Mr. Nix-
A resolution providing for a joint committee of two from the Senate and three from the House of Representatives to wait upon his Excellency, the Governor, and inform him that the General Assembly has convened in regular sess10n, and is ready for the tran-sAction of business.

\"\TEDXESDAY, JrXE 28, 1922

5

The committee on the part of the Senate under the above resolution are Messrs. Nix of 51st, Jones of 37th.
The following resolution was read and adopted:
B~- Messrs. Jones of 37th, Snow and Fleming-
lVltNeas, our beloved colleague, the Senator from the 11th district is confined by illness to his room in the Imperial Hotel and
TVhl:'reas, this body holds the Senator m warm, affectionate esteem, therefore
Be it resolt~f'd, that we earnestly hope for the Senator a quick recovery and a happy healthy return to his seat in this body.

The following message was received from the House through Mr. Moore, the Clerk thereof:
Jl r. PrP~-deut:
The House has concurred in the following resolution of the Senate:
A resolution providing for a joint committee of two from the Senate and three from the House of Representatives to wait upon His Excellency the Governor, and inform him that the General Assembly has convened in regular session.
The Speaker has appointed the following members on the part of the House:
)!essrs. Adams of Walton, Ennis of Baldwin, Mundy of Polk.

6

JorRXAL OF THE Sr:XATE,

:\[r. ~ix, of tlw 51st, Chairman of the Committee on the part of the Senate to notify the Governor that the G(>ncral Assembly had conY<>ned and was rt-111ly for the transaction of business, reported that tlw Committe<> had discharged its duty and that tlw Gonrnor adYises that lw would addrt>ss the Ge1wral Assemhl~ in ,Joint Ses:o;ion on Thursda~ .Jmw 2!i, Hl22, if it be the pleasurp of the General Assemhl~.

The following message was received from the House, through :\Ir. ::\Ioore, tlw Clerk thereof:

Mr. Prl'sidPllf:

The Hous( has adopted tlw following Resolution of the House to-wit:

House Resolution Xo. 116. Hesoln:'d h~ the

House, the Senate concurring, that the General As-

sembly conYene in joint session on Thursday, J mw

:u., 29, 1!122, at 11 o'clock, A.

to nct>in such !'Olll-

mtmication as the GoYentor ma~ haYe to mah.

The S<>natt> concurred in tlw followiug Rtsolution of tlw House, to-wit:

.A resolution prO\idiug for a joint sessiou of tlw
Gc1wral .Assemhl~ for 'L'hurs<lay, ,Jmw :W, H)22, at 11 o'clock, A. ::\I., to recein such communication a:o; tlw Gonr11or ma~ han to make.

Tlw following messag-t> was receiYecl from thf' House, through ::\lr. ::\loote, tlw Clerk tlwreof:

il!r. Pr,sideut:
ThP Hous(> has adopted tlw following resolution of the House to-wit:

WEDNESDAY1 JUNE 28, 1922

7

House Resolution No. 119. Be it resolved by the House' of Representatives, the Senate concurring, That a committee consisting of three from the House and two from the Senate be appointed to meet His Excellency, the Governor at 11 o'clock, Thursday; June 29th, 1922, and escort him to the House of Representatives for the purpose of delivering his annual message to the General Assembly.
Those appointed on the part of the House are:

Messrs. Carswell of Wilkerson, Corbitt of Atkin-

son, Langford of Hall.



The following resolution was read and adopted:

By Mr. Bond, of 30th-

A resolution providing that the Senate convene at 10 o'clock A. :M. Central time and adjourn at 1 o'clock P. M. Central time.

).Ir. Snow, Secretary of the Joint Tax Committee of the House and Senate, submitted the following report:

'Ve, the Joint Tax Committee of the House and Senate make the following report:
The Committee, after much inquiry and careful cunsideration, is of the opinion, and so reports to the General Assembly, that an income tax as a substitute for the ad valorem tax, or in conjunction with an ad valorem tax, would be inopportune, inexpedient and unsatisfactory, and would only result in added burdens to the people of the State.

8

JOURNAL OF. THE SESATE,

The Committeeis of the further opinion, and so recommends to the General Assembly, that any changes proposed at this time in the law on the subject of taxation should be to enact provisions for a reasonable classification of property for purposes of taxation, it being the belief of the committee that such a system would result in the voluntary disclosure of large amounts of intangible property not now on the books for taxation.
Our construction of the Resolution under which we act is that we have nothing to do with the bill now pending looking to the repeal of the present Tax Equalization law.
Carswell of Wilkinson, Chairman. SNow, Secretary.

The following resolution was read and adopted: By Mr. Golucke of 19th, Cone of 49th, Rountree of
16th, and Clay of 39th-

A RESOLUTION
Whereas, Two of our distinguished Senators, Senator Richards of the -4-lst, and Senator Jones of the 37th have each taken unto themselves, since the last session, a "Better-half"

Be it resolved, That we congratulate these distinguished Senators and wish for each that their troubles may be little ones:
Be it further resolved, That Senators Boykin of 39th, Fleming of 8th, Manson of 35th, Ellis of 47th,

vVEDNESDAY, JuNE 28, 1922

9

and Hunt of the 20th, be earnestly requested to soon do likewise.
The following resolution was read and adopted:
By :Messrs. Fleming of lOth, Golucke and ClayBe it resolved by th'e Senate of the State of Geor-
gia and it is hereby resolved by authority of the same that the thanks of this body be and they are hereby returned to the citizens of Fulton County and City of Atlanta, for the courtesy extended to the members of this body by the presentation of admission cards to the various civic organizations enumerated on said cards.
The following communication was read for the information of the Senate:
Atlanta, Ga., June 24, 1922.
President aud Members of State Sena'be, State Capitol, Atlanta, Ga.
Gentlemen:
The Georgia State Sheriff's Association extends a cordial invitation to you and each of you to attend an 'old fashioned' barbecue to be given at Lakewood Park at 1 o'clock on June 28th next.
'Ve feel that on this auspicious occasion this Barbecue and this Association could not be more highly honored than by having you present.
Very respectfully yours, 0. B. JOR:MAN, President. H. G. BRADLEY, Secretary.

10

JOURNAL OF THE SENATE,

The invitation was aceepted.

The following resolution was read and referred to the Rules Committee:

By Messrs. Nix, Womble, walker, Golueke, Boykin, Johns and Jackson-

Resolved that Senate Bill 1\o. 24, known as the bill to repeal the Tax Equalization Act be made a special and continuing order after the regular order of business on July 6th next.

:Mr. Brown moved that the Senate do now adjourn and the motion preYailed.
'fhe President declared the Senate adjourned until tomorrow morning at 10 o'clock Central time.

THURSDAY, JUNE 29, 1922.

11

SEXATE CHAMBER, ATLANTA, GA.
Thursday, June 29, 1922.
The Senate met pursuant to adjournment at 10 o'clock A. M. and was called to order 'by the President.
Prayer was offered by the Chaplain.
1.7pon the call of the roll the following Senators answered to their names:

.\kin, L. R. Bellah, J. }1. Bond, Chas. N. Boykin, .James H. Brown, L. C. Campbell, R. W. Child~, E. W. Collum, J. :;\L Col:<un, D. C. Cone, Howell David, A. B. Da,idson, J. E. Ellis, R. C. Fleming, Denis Fleming, ,V. 0. Fo~, .John E. Golucke, Alvin G.

Harabon, Pat Hollingsworth, .J. C. Holmes. R. H. Hunt, T. l\1. Hutchens, H. C. .Ja,.bon, .T. B. .Johns, G. A. .Tones, .John H. .Jones, 0. K. of 6th K iluze~r, Sam Lassiter, W. H. }!anson, Frank C. }[ills, .T. H. ~ix, 0. A. l'almour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridlc>y, Dr., C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stomll, E. B. Tarpley, R. 0 . Taylor, Geo. W. Thomas, James R. Thorpe, E. }L Walker, B. F. \\'all Dan 'Yea,er, .J. D. Williams, Wiley YVohlwender, Ed. Womble, M.D. Mr. President

:Jfr. Foy, Chairman of the Committee on J omnals, reported that the Journal of the previous day had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Childs asked unanimous consent that Senate Bill No. 29 be taken from the tahle and placed in

12

JouRNAL OF THE SENATE,

its regular place on the calendar and the consent was gr~nted.
Mr. Jones, of 37th, 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 hills were introduced, read the first time and referred to Committees.
By Mr. Johns-
Senate Bill No. 169. A bill to abolish and prevent corporal punishment of convicts.
Referred to the Committee on General J udieiary . No.2.
By Mr. Johns-
Senate Bill No. 170. A bill to abolish pool and obilJiard r!)oms.
Referred to the Committee on General Judiciary
No.2.
By Mr. Childs -
Senate Bill No. 171. A bill to authorize the authorities of counties, militia districts, and municipal corporations to make agreement for the instruction of children in adjoining districts.
Referred to the Committee on Constitutional Amendments.
By Mr. Manson-
Senate Bill No. 172. A bill to authorize the clerks

THURSDAY, JUNE 29, 1922.

13

of the Fulton Section of the Atlanta Municipal Court to administer oaths and affidavits.
Referred to the Committee on General Judiciary No.1.
By Mr. Clay-

Senate Bill X o. 173. A bill to regulate the practice of the occupation of barbers.
Referred to the Committee on Special Judiciary.

By Mr. Clay-
Senate Bill No. 174. A bill to provide bail in misdemeanor cases before commitment court after motion for new trial is made.
Referred to the Committee on Special Judiciary.

By Manson-
Senate Bill No. 175. A bill to regulate the guardianship of the persons and property of minor children.
Referred to the Committee on General Judiciary No.2.

By Mr. Nix-
Senate Bill No. 176. A bill to reorganize and reconstitute the State Highway Department of Georgia.
Referred to the Committee on Public Roads.
By Mr. Colium-

14

JouRNAL OF THE SENATE,

Senate Bill No. 177. A :bill to fix the standards of one or more consolidated public schools in each County of the State.

Referred to the Committee on Education.
By Mr. ).!anson-
Senate Bill No. 178. A hill to authorize the County authorities to prescribe the fiscal year of each county, an<.l for other purposes.
Referred to the Committee on County and County }[atters.
Mr. Thomas, of 3rd District, Vice-Chairman of the Committee on Rules, submitted the folloWing report:

Jlll1. President :
Your Committee on Rules 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.
S!nate Resolution No. 63. A resolution placing Senate Bill No. 24 as a special and continuing order for July 6, 1922.
The report of the committee was adopted.
:Mr. Bellah, Chairman of the Committee on the School for Deaf and Dumb of Cave Springs, submitted the following report:

THURSDAY, JUNE 29, 1922.

15

M1. President ood Senate:
Your Committee on the School for Deaf and Dumb of Cave Spring, Ga., have directed me to make the following report:
Owing to the fact that while the Senate was in session last summer the children of this institution were in vacation, a visit to the institution by a committee would have failed in its best results as to what the institution was accomplishing, your committee on the second day of May last, made a visit to this institution while the school was in full action with all its pupils, and it was our pleasure to see the pupils doing their various work in the several school rooms, and we inspected the dormitories, dining-room and shops, and other things connected with that institution.

Through the courtesy of President Harris and his assistant, Miss McDonald, and the teachers in charge of the various classes, we saw the process of teaching and its results from its first year's work, where the children were first taught to speak and read the lips of their teachers, to the highest grades, where the pupils in the class, conducted entirely by lip reading and speech, were able to give intelligent answers in history, geography and elementary science. The work was fully demonstrated and shown to us, and the results of what had been accomplished by these children were astonishing and gratifying beyond measure, and which the ta~-pay ers who support this institution do not know, and

16

JOURNAL OF THE SENATE,

can not know without visiting the institution, and which, if they couid see, would :be so pleasing that the institution would not be wanting, and help would not be grudgingly given to them.
We could observe as we went from the lower to the higher grades the increased brightness of the faces of these children, who in the lower grades showed expressions that indicated the loneliness of their lives because they could not intelligently communicate with the world without. Where these children bad advanced to higer grades and were learning to communicate, and especially in the higher grades where they were being graduated, an expression of pleasure-even delight-was upon their faces. Their faces were often wreathed in smiles that bespoke their happiness, as we asked them questions which they could intelligently understand and could reply in intelligence to us, and which we understood very clearly.
The actual work done on the blackboard, and the quick answers uttered by their lips bespoke a degree of intelligence that compared favorably with pupils in the ordinary schools. Though the speech uttered by these deaf children was not always fluent and clMr, we could understand much of it, and the teachers could understand all of it. We found the teachers teaching the speech method in all the classes except two of the white children.

We examined most carefully into the dormitories and dining-rooms, and we found a condition of clean-

THURSDAY, JUNE 29, 1922.

17

liness and system of comfort that would gratify the. heart of every parent whose child was there. The institution appeared to be one great family, and that sympathy, love, and h~rmony that characterizes all Christian families pervaded the entire institution. The pupils themselves showed by their neatness of dress and :by their fine compexion that they were being provided for as well as the best mother in . Georgia could provide for her own child. We saw them at noon at their meals, and how they were fed and trained, and it bespoke volumes for all of those in charge of the institution.
Those children are not only taught to communicate and the language, but each child is taught how to accomplish himself for the duties of life. We found the following trades being taught to boys: Printing, carpentry, plu:m:bing, shoe-repairing, gardening, dairying and farming, and we found that the girls were being trained in a systematic way in all the arts on which home-making depends. A systematic course_is being given to every girl in sewing and in cooking and the school is well provided with up-todate equipment for home economics. E:very boy and giri is given industrial training for two and a half hours daily, and on Saturday they receive four and a half hours training along lines that lead to skill in useful arts. The school has for its objective the making of wage earners of the girls and boys. The boys are selected according to their tendencies and talents for the various trades and are kept at work at these trades, day by day, until they be-

18

J Ol'RXAL OF THE SEXATE,

come experts. This training in trades is as prominent a feature of the school as the work done by the teachers in the school rooms. Thus we see that this institution is turning out what, without this education, would be possibiy a charge upon the State, prodncers of wealth, and girls and boys who are competent to make their own living.
The colored department kept to itself, we found in the same proper and neat manner, and progressing along lines of intelligence for their race.
The institution is beautifully located, and the huildings looked well, attractive and inviting. They haYe a large herd of cattle kept for the use of the institution, and a dairying outfit complete, which we were not able from our day's work to fully investigate, but everything appeared to us as being looked after, and zealously and properly cared for.
After our day's work, and we hau completed our innstigation of the work done for these deaf children of Georgia by our institution at Cave Spring, we unanimously agreed that we can not say too mp.ch in praise of the Principal, J. C. Harris, and his assistant, Miss McDonald, and the teachers who are engaged with him in our service there. They all seem devoted to their work, and seem to want to aid and educate the unfortunate children in communicating with the world.
We found that 275 pupils had entered the school for the deaf during the year past. We found that two great needs for the institution is a hospital

THURSDAY, JuNE 29, 1922.

19

and a dormitory at the white school. vveurge that the State of Georgia provide these buildings just as soon as the :financial condition of the State will permit its being-done. We wish that the whole Senate had been a committee of one and been with us on this visit. They would then know and appreciate what the State is doing, and what to do for this institution.
J. M. BELLAH, Chairman, DAviD F. PoPE, Vice-Chairman.

:Mr. Cone, Chairman of the Joint Committee, of the Senate and House on Bills to E:sta;blish Board of Regents for University of Georgia, submitted the following report:

REPORT Oli~ JOIXT CO:\DnTTEE OK BILLS TO ESTABLISH BOARD OF REGEKTS FOR U~l\I<~R8ITY Ol!~ GEORGIA ~\KD ITS BRANCHES.

To the Senate and House of Representatives:
The joint committee appointed under Senate Resolution No. 44 to investigate and report on measures pending in both branches of the General Assembly relating to the creation of a Board of Regents for the University of Georgia and its branches, as well as the eleemosynary institutions of the State, submit the following as their report:
This committee has been called together twice between sessions and has had assembled for its study

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JOURNAL OF THE S:mNATE,

the laws of various states having laws similar to those now proposed for this state. A study has also been made of the higher institutions of learning in this State, with a view of recommending corrective measures as needed. In addition, considerable information has been obtained from those interested in education in Georgia.

This committee has deemed it advisable to restrict its efforts to those institutions of the State constituting the University and its branches, including every institution that under the laws of this State is desig-nated as a department of the University, including the twelve A. & M. Schools. We believe that the government of the other institutions of the State, including the eleemosynary and penal institutions, if changes are needed, should not be placed under that Board whose duties relate entirely to matters of higher education.

We conclude that the system of higher education in Georgia has grown up without the proper unity or co-ordination. The Constitutional limitation as to appropriations for this class of education has made it advisable or necessary to create in various localities, as branches of the University, such schools as normal schools and even district agricultural schools1 all of which exist with little, if any, unity or central direction. We have reached the conclusion that because of the lack of unity and co-ordination the Legislature of this State is under a constantly increasing pressure from year to year either to make all appro-

THURSDAY, JUNE 29, 1922.

21

priations the same for each institution of a particular class, independent of its particular needs, Or else to favor unduly one institution over another becaust! of political influence and prestige on the part of thost! who have charge of such institutions. One result of this is that there has grown up more or less friction between the friends of education in this State. An-
other result is that there is an increasing reluctance on the part of well qualified and self-respecting educators to assume responsibility for the State's educational institutions.

We believe that there should be no cause of conflict between the branches of the State's University. Yve are thoroughly convinced also that there should be no conflict or cause of conflict between the higher institutions of learning on the one hand., and the schools of the State under the jurisdiction of the State Board of Education on the other. We are convinced that the prosperity of the public schools is more largely dependent upon the welfare of the institutions of higher learning than is currently supposed.
We desire to say that our recommendations, if enacted into laws, would only serve as a first step in the direction of unifying and co-ordinating the institutions of the State.
We recommend that the following laws be enacted:
1. That there be established a Board of Control to consist of five (5) members to be appointed by the

22

Jot:H.'\AL oF THE SE.'\ATE,

Governor with the advice and consent of the Senate, and whose compensation shall be the same as that of members of the General Assembly and actual expenses, in addition, and whose terms of office shall be for a period of 6 years, with over-lapping terms.

That this Board of Control shall have authority onr the Trustees of the "Gninrsity of Georgia and its every department, with power to appoint and with power to remove for cause. The number of Trustees for the University proper and each of its branches shall be :fixed in the discretion of the Board of Control at not less than five nor more than nine for any one institution.

The Board of Control shall make reports to the General Asse111bly at the beginning of each regular session.

2. That one-tenth of all the State's income shall be set apart annually and appropriated by law for the support and maintenance of the University of Georgia and its branches and departments, which sum shall be apportioned by the Board of Control annually according to the requirements of said institutions.

Respectfully submitted,

Howell Cone, Chmn. Wm. W. Mundy, Sec. W. 0. Fleming

THURSDAY, JUNE 29, 1922.

23

E. W. Childs J. H. Evins Robert L. Moyer W. J. Macintyre..

The following resolution was read and adopted:

By ~fessrs. Boykin, walker, Jackson and Wombie-
lr/t('reas, there was, at the last session of the Legislature a joint resolution inviting Hlon. Thomas E. ~Vatson, United States Senator to address the Georgia Legislature in joint session, and

Wh('J'eas, his pressing official engagements at Washington prevented his acceptance of such mvitation, and

TVhereas, we see from the public press that the Senator will be in Georgia to address the people at Gainesville, Georgia, on July 4th next

Therefore, be it resolved, By the Senate, the House
concurring, that said invitation be extended and said Senator be invited again to address the General Assembly in joint session at such time as suits his convenience, on such subject as he may choose that is vital to the best interest of the people during his visit in Georgia.

Mr. Jackson asked unanimous consent that the resolution be immediate!~ transmitted to the House and the consent was granted.

24

.JO"CRXAL OF THE SENATE,

1'he following message was recejved from the House, through Mr. :YioOIe, the Clerk thereof:
Mr. Ptesiden~:
The House has adopted the following resolution of the Senate, to-wit:
Senate Resolution No. 64. A resolution inviting the Ron. Thomas E. Watson to address the Georgia Legislature.
The following resolution was read and adopted:
By Mr. Golucke, of 19th District, Fleming of lOth
District, Clay, of 39th District, and Richards, of 41st District-
H'1~PrPas, Senator !<,rank Manson did, in pursuant to a resolution passed by the Senate on June 28th, act upon the same, and took unto himself a ''BetterHalf."
TlzerPfore, Be it resolved, B~ the Senate that we congratulate Senator Manson upon his good judgment in following the advice contained in Senate Resolution of June 28, and we do further more wish for him and her a long and happy wedded life.

The following resolution was rea.d and adopted:
A RESOLUTION.
1Vhereas, Our beloved Secretary, Major Devereaux F. McClatchey, has. recently suffered a severe illness, having been confined to his home for sev-

THURSDAY, JuNE 29, 1922.

25

eral months after a severe and dangerous attack of double pneumonia, and
TVhereas, The All vYise, in His diYine province, has brought him safely over the bridge of death, and that he is now rapidly recuperating his health;
1'herefore, Be is Resol-ved, That we, Senator Foy, of the First ; Senator Thorpe, of the Second; Senator Thomas, of the _Third; Senator Akin, of the Fourth; Senator vVall, of the Fifth; Senator Jones, of the Sixth; Senator Snow, of the Seventh; Senator Fleming, of the Eighth; Senator Sheffield, of the Ninth; Senator Fleming, of. the Tenth; Senator Weaver, of the Eleventh; Senator Childs, of the Twelfth; Senator Collum, of the Thirteenth; Senator . Lassiter, of the Fourteenth; Senator Colson, of the Fifteenth; Senator Rountree, of the Sixteenth; Senator Hollingsworth, of the Seventeenth; Senator Walker, of the Eighteenth; Senator Goluck:e, of the Nineteenth; Senator Hunt, of the Twentieth; Senator Jackson, of the Twenty-first; Senator Holmes, of the Twenty-second; Senator Davison, of the Twenty-third; Senator vVohlwender, of the Twentyfourth; Senator Womble, of the Twenty-fifth, Sena~ tor Mills, of the Twenty-Sixth; Senator Johns, of the Twenty-seventh; Senator Ridley, of the Twentyeighth; Senator Boykin, of the Twenty-ninth; Senator Bond, of the Thirtieth; Senator KinZey, of the Thirty-first; Senator Stova.U, of the Thirty-second; Senator Palmour, rJf the Thirty-third; Senator Campbell, of the Thirty-fourth; Senator Manson, of

26

J OL' R"' AL OF THE ~EN ATE,

the Thirty-fifth; Senator Tarpley, of the Thirtysixth; Senator Jones, of the Thirty-seventh; Senator Hutchens, of the Thirty-eighth; Senator Clay, of the Thirty-ninth; Senator Haralson, of the Fortieth; Senator Richards, of the Forty-first; Senator Bellah, of the Forty-second; Senator David, of the Forty-third; Senator Pope, of the Forty-fourth; Senator Williams, of the Forty-fifth; Senator Taylor, of the Forty-sixth; Senator Ellis, of the Fortyseventh; Senator Peac-Ock, of the Forty-eighth; Senator Cone, of the Forty-ninth; Senator Brown, of the Fiftieth, and Senator Nix, of the Fifty-first, of the Georgia State Senate, congratulate Major Devereaux F. McClatchey on his recovery, and wish for him years of prosperity and success;
Be it further Res1olved, That we commend him to the world as the most efficient Secretary any official body could have.
The following resolution was read and ordered to lay over one day.
By Mr. Fleming of lOth District-
Whereas, There is now pending in the ~ational Congress- a bill known as ''The Bonus Bill,'' designed for the purpose of paying compensation to the veterans of the World War, and
Whereas, It is the sense of this body that our Senators and Congressmen from Georgia should support bonus legislation;
TheJefore, Be it Resolred by the S{'nate of Geor-

THrRSDAY JUNE 29, 1922.
gia that our two ..Senators from Georgia in the Senate of the United States, and that all Georgia Congressmen be, and they are hereby 1;equested to support bonus legislation.
Be It further Resolved, That a copy of this resolution be furnished to each Senator and Representative from Georgia.
}lr. Palmour, 33d District, Chairman of the Committee on Privileges of the Floor, submitted the following report:
Mr. President:
Your Committee on Privileges 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 recommendation thnt the same do pass towit:
Resolved, That the priYileges of the floor be extended to Mr. Frank C. Manson for a period of three days.
The report of the committee was adopted.
The following bill having been favorably reported was read the third time and taken up for consideration.
By Mr. Fleming of lOth District-
A bill to enable voters who are absent from the counties of their residence on election days to vote in all State and primary elections to be held in Georgia.

28

J O"C"RNAL OF THE SEXATE,

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
Mr. Campbell 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 negative were :Messrs:

.-\kin, L. R. Bond, Chas. N. Boykin, James H. Collum, J. l\I. Cone, Howell Da,id, A. B. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G. Haralson, Pat

Hunt, T. "I. Jackson, J. B. .John", G. A. Jones, J olm H. .Tone><, 0. K. of 6th :.\Ianson, Frank C. }!ills, J. H. Xix, O.. A. Palmour, J. E. Peaeock, C.:. H. Pope, David F.

Richards, Will Rountree, J. L. ::>now, Russell E. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, Jame,; R. Thorpe, E. M. Walker, B. F. Wall Dan }lr. President

Those voting in the affirmative were Messrs:

Bellah, J. M. Campbell, R. W.

Child;.;, E. \V. Cobon, D. C.

Those not voting were ::\1essrs:

Brown, L. C. Davi(bon, .J. E. F:Ili,.;, R. C. Holling,.:worth, J. C. Hutehen", H. C.

Kimze,v, Sam La,;,.:iter, \Y. H. Ridley, Dr., C. L. Sheffield, R. H. \Yea \er, ,J. D.

Williams, Wiley \\'omble, 111. D. \\'ohlwender, Ed.

On the passage of the bill the ayes were 33, the nays, 5.
The bill having received the requisite constitutional majority was passed.

THURSDAY, JuNE 29, 1922..

29

The following bill, favorably reported, was read the third time, and taken up for consideration.

By Mr. Nix-
Senate Bill No. 14. A bill to :fix the punishment for the crime of burglary.
The hour of 11 o'clock having arrived, the Senate repaired to the Hall of the House of Representatives for the purpose of receiving a communication from his Excellency, the Governor.
The President of the Senate took the chair and called the joint session of the General Assembly to order.

The resolution convening the Joint Assembly was read by the Secretary of the Senate.
Upon motion of Mr. Bond of the 30th District, the Joint Assembly was dissolved.
The Senate returned to its Chamber and was called to order by the President.
Mr. Nix asked unanimous consent that consideration of Senate Bill No. 14 be postponed until Thursday, July 6, 1922, and the consent was granted.
Mr. Thomas moved that the Senate do now adjourn. and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

"

30

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

Friday, June 30, 1922.

The Senate met pursuant to adjournment at 10 o'clock A. M. and was called to order by the President.

Prayer was offered by the Chaplain.

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

Akin, L. R. Bellt~h, .J. .\I. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. \Y. Childs, E. W. Collum, J . .\I. ('ol~cm, D. C. Cone, Howell Da,id, A. B. Dadd~on, ,J. E. EIJh,, R C. Fleming-, Denis Fleming, \V. 0. Fo~, ,John E. Goltwke, Ahin G.

Haralson, Pat Hollingsworth, J. l'. Holmes, R. H.
Hunt, T. l\I. Hutchens, H. C. .Taek>~n, ,J. B. ,Johns, G. A. Jones, John H. .Jon!'>, 0. K. of 6th I(itnzey, ~an1 Lassiter, \Y. H. .\!anson, Frank C. ~iill;;, .J. H. Xix, 0. A.
Palmour, .r. E.
l'eaeOtk, C. H. Pope, Da,id F.

Riehanls, Will RidlPy, Dr., C. L. Rountree, ,J. L. Sheffield, R. H. Hnow, Russl'll E. Stman, E. B. Tarpley, R. 0. Taylor, Gtll. \V. Tlwma~, .Tames R . Thorp<', E. ~1. \Yalhr, B. I<. \\'all Dan \\'eanr, ,J. D. \\'illiams, Wiley \\'ohlwl'nder, Ed. Womble, .\l. D. Mr. President

Mr. Foy, Chairman of the Committee on Journals, reported that the J ouriu1.l of yesterday's procecclings had been examined and found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

:Mr. Fleming of the 8th asked unanimous consent

0

FRIDAY, JUNE 30, 19:2:2.

31

that the following Senate bill be withdrawn from the consideration of the Senate:

By l\fr. Fleming of 8th-
Senate Bill ~o. 164. A bill to require all cities, etc., who shall impound water for any purpose to have. the same first approved by the State Board of Health.

The consent was granted.

l\fr. Jones of 37th asked unanimous consent that all Senat@rs 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 l\fr. Ellis of 47th-
Senate Bill No. 180. A bill to establish a College of Agriculture and Mechanic Arts to be known as the South Georgia Agricultural College.
Referred to the Committee on University of Georgta.

By Mr. :Jianson-
Senate Bill Xo. 181. A hill to amend an Act acquiring a sufficient number of sets of the permanent supplements of Parks' Code of l!H-i.
Referred to the Committee on General Judiciary No. :2.

32

JouRKAL OF THE SEXATE,

By Mr. .Manson-

Senate Bill No. 182. A bill to prescribe .the compensation for Treasurer of Clayton County.

Referred to the Committee on Counties and County Matters.

By Mr. Holmes-
Senate Bill No. 183. A bill to provide for estabment of a School of Agriculture and Mechanic Arts in this State.

Referred to the Committee on Agriculture.

The following resolution was read and taken up for consideration:

By ::\Iessrs. Pope, Fleming of lOth and Bond-

Senate Resolution Ko. 66. A resolution requesting that when the General Assembly adjourn to-day it stand adjourned until 10 o'clock July 5, 1922.
Mr. vValker offered the following amendment:
Moves to amend by striking the word or figures '' 10'' wherever same occurs and inserting in lieu thereof the word or figure '' 3.''
On the adoption of the amendment Mr. Nix called for the Ayes and Nays and the call "\vas sustained.
The roll call was ordered and the vote was as follows:

I

FRIDAY, JuNE 30, 1922.

33

Those voting in the affirmative were Messrs :

Campbell, R. W. Col~on, D. C. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Holme~, R. H. Hunt, T. )f. .\Ianson, Frank C. Nix, 0. A. Peaeock, C. H. Rieharcls, Will

Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Wall:er, B. F.

Those voting in the negative were Messrs:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. )f.

Cone, Howell Da,id..-\. B. Hut<hens, H. C. .Johns, G. A. .Jone~, .John H. .runes, 0. K. of 6th :Mills, J. H.

Palmour, J. E. Pope, Da,id F. 1--;heffield, R. H. Thoma~, James R. Womble, )1, D.

Those not voting were Messrs :

Davidson, J. E. Golud:e, Alvin G. Haralson, Pat Holling~worth, J. C. Jarkson, J. B. Kimze~, Sam

La,;siter, \V. H. Ridley, Dr., C. L. Rountree, J. L. Thorpe, E. )f. \Yall Dan Weaver, J. D.

Williams, Wiley \Yohlwender, Ed. :;\h-. President

Ayes 17; ).Ja~s 19.

On the adoption of the amendment the Ayes were 17, the Xays 19, and the amendment was lost.

Mr. Thomas offered the following amendment:

Amend by striking the word and figures '' 10'' wherever same occur and insert in lieu thereof the word or figures '' 11.''
On the adoption of the amendment :Mr. Johns called for the Ayes and Xays and the call was sustained.
Sig. 2-Senate

34

JouRNAL oF THE SENATE,

The roll call was ordered and the vote was as follows:

Those voting for the amendment were:

Akin, L. R. Bond, Chas. N. Boykin, James H. Collum, J. ~1. Colson, D. C. Cone, Howell Da,id, A. B. Elli8, R. C.

Fleming, Denis Fleming, W. 0. Foy, John E. Holmes, R. H. Hunt, T. ~I. Hutchens, H. C. ~Ian~on, Frank C. Peacock, C. H.

Richards, Will StoYall, E. B. Tarpley, R. 0. Thomas, .Tame~ R. Thorpe, E. :M. Wall Dan Womble, ~1. D.

Those voting against the amendment were:

Bellah, J. M. Chil'ds, E. W. Johns, G. A. Jones, John H.

.Jones, 0. K. of 6th Nix, 0. A. Palmour, J. E. Pope, David F.

l"helfield, R. H. Snow, Russell E. Taylor, Geo. \V. \Valktr, B. F.

Those not voting were Messrs :

Brown, L. C. Campbell, R. W. Davidson, J. E. Golucke, Alvin G. Haralson, Pat Ridley, Dr., C. L.

Hollingsworth, .J. C. Jack~on, J. B. Kimzey, Sam Lassiter, \V. H.
~rm.., .r. H.
Rountree, ,J. L.

vVea,el:, J. D. Williams, Wile~ \Yohlwender, Ed. l\fr. President

Ayes 23, Nays 12.

On the adoption of the amendment the Ayes were 23, ~ays 12, and the amendment was adopted.
On the passage of the resolution, as amended, Mr. Nix called for the Ayes and Nays, and the call was sustained.
The roll call was ordered and the vote was as fol-
lO\\'S:

FRIDAY, JUNE 30, 1922.

35

Those voting for the resolution were:

Akin, L. R. Bellah, .J. ~1. Bond, Clms. N. Boykin, James H. Campbell, R. W. Col,on, D. C. Cone, Howell

Elli,, R. C. Fleming, Denis Fo~. John E. Holme". R. H. Huteherh'. H. C. :\Ianson, Frank C. Peaeoek, C. H.

Pope, DaYid F. Riehanb, \\'ill Snow, Ru"s"ll E. Thomas, James R. Thorpe, E. ~I. "-all Dan

Those voting against the resolution were:

Childs, E. W. Collum, .J. ~I. DaYid, A. B. Hunt, T. ~I. .John", G. A.

.Tone,;, .John H. Jones, 0. K. of 6th Xix, 0. _-\. Palmour. ,J. E. Sheffield. R. H.

Tarpley, R. 0. Taylor, Geo. W. \\'alk!'r. B. F. "'omble, ~I. D .

Those not voting were }[essrs:

Brown, L. C. DaYidson, J. E. Fleming, \Y. 0. Golucke, AlYin G. Haralson, Pat Hollingsworth, J. C.

.Jaek,.on, J. B. Kimzey, Sam Lassiter, \Y. H. ~Iills ..J. H. Rid!t~. Dr., C. L. Rountree, J. L.

StoYall, E. B. \\'ea,er..J. D. \Villiams, \Yiley \Yohlwender, Ed. Mr. President

Ayes 20, Nays 14.
On the passage of tlw resolution, as amended, the Ayes were 20, Xays 14, and the. same was declared passed.
Mr. Pope asked unanimous consent that the resolution be immediately transmitted to the House and the consent was granted.
The following resolution was read and adopted: A resolution relative to compensation of certain attaches of the Senate.

36

JouRNAL oF THE SENATE,

Mr. Manson, Chainnan of Mansion Leasing Committee, submitted the following report:

STaTE CAPITOL, ATLA.JT:t'A, Ga. To T:he General Assembly of Georgia:

In compliance 'vith an AGt of the General Assembly of Georgia, 1921, creating a Commission to be known as the Mansion Leasing Commission, to receive proposals for, and affect the lease of the property at the corner of Peachtree and Cain streets in Atlanta, known as the Governor's Maru~ion, to report its acts and doings thereon to the General Assembly and for other purposes.
I have the honor as Secretary of said Commission to make the following report to-wit:
The Commission as aforesaid met in the office of the Gove~or on the morning of August 31st, 1921, for the purpose of perfecting an organization of said Commission and on motion, Honorable Thomas W. Hardwick Governor, was elected chairman, and Carl N. Guess Representative from DeKalb, was elected secretary.
In perfecting the organization of said commission a sub-committee was appointed therefrom consisting of the foP,owing gentlemen: Ron. Thomas W. Hardwick Governor, S. G. McLendon Secretary of State, Geort,re ~J. N"apier .Attoruer General, Thomas J. Carling of :\Iaeon, Bibb County, and f~arl N. Guess secretary of said Commission. The sub-committee

FMDAY, Jtm:m so, 1922.

31

beiug gilen nuthority by the Commission as a 'vhole, tc furnish on request any and all data and particulars pertaining to the lease of said property to the newspapers of Atlanta, the State of Georgia, an(l out -of the State should demand be made for the same, and in addition the sub-committee in their discression were to advertise for bids through any of the newspapers of this State and out of the State, as they might deem proper, said advertisement to be on a fifty year lea&e of said property, and thereafter report their acts and doings to the Commission as a. whole, at a meeting to be held in the office of the Governor September Bth, 1921.
During the period of time from 'PerfeCting the organization of said Commission as heretofore re. ferred to, up to and including the date the lease of said propert~r was awarded to the Massell Realty Company of Atlanta, the Commission met on seven (7) different occasions in the o~ce of the Governor trying in every manner possible to get the very best results fo1 the State.
All meetings of said Commission were held in the open for any discussion pertaining to the leasing of said property, and any other points relating thereto which would be to the interest of the State, by authority vested in the sub-committee adv~rtise ments on a fifty year lease were placed with the three daily papers of Atlanta, the New York Herald, and the Chicago Tribune, and on the final meeting of the sub-committee February 1st, 1922, The Massell Realty Company ~ Atlanta Georgia, having submitted the best bid, and one in which the sub-

38

JouRNAL oF THE SENATE,

oommittee considered to be for the best inte-rest for the State was accepted, and a report of said eommitt(>e to that affect' was immediately made to the Commission as a whole, which report was unanimouslr appro\red.
In awarding the lease of said :Mansion property to the ~Iassell Realty Company, a bond of One Huudred Thousand ($100,000) dollars, as security bond was required to be filed in the office of the Governor, which has been complied with, and other stipulations of the contract relating to the leasing of said property is hereto attached marked exhibit ''A'' and made a part of this report.
Respectfully submitted,
Txos. W. HARnwrcx, Governor.
Chairman Mansion Leasing Commission.
CARL :X. GuEss,
Secretary 1\:fansion Leasing Commission.
EXHIBIT "A"
State of Georgia, :!'ulton County.
This agTeemeut and contract mada and entered iuto this the first da~" of February, 1922, b)~ and between the State of Georgia, party of the first part, acting through THE M~~SION LEASE COMMISSION, created by Act of the General Assembly of Georgia, and duly empowered to execute this lease contract, as shown by Bill numbered 224, approved August 15th, .1921, {see Georgia. Laws, 1921, pages 194, atul 195) and Massell Realty Iu1-

FltmAY1 JUN1il 30, 1922.

39

provement Company, a oorporati'On, party of the second part.
'WITNESSETH, That said party of the :first part, hereinafter called the Lessor, has leased to, and does hereby lease to the party of the second part, hereinafter called the Lessee, and that Lessee has leased from, and does hereby lease from Lessor, the property called and known as the GOVERNOR'S MA...'\YSION PROPERY, in the City of Atlanta, said State and County, the same having the following metes and bounds: Fronting East on the West side of Peachtree Street, one hundred and forty three (143) feet; running back West along and parallel with Cain Street three hundred eighty-one and seven tenths (381.7) feet on the North side of this tract, and f.our hundred, and eight, and one tenth (408.1) feet on the South side thereof to Spring Street; and having a West frontage of one hundred and forty six (146) feet along the East side of said Spring Street; the same constituting the entire area in said GOVERNOR'S MANSION PROPERTY, whether containing more or less than the exact measurements just above set out, fS>r a period of Fifty (50) years, beginning ou June 1st, 1922~ and expiring on May 31, 1972.

AMOUNT AWD T:nv.rE OF RENTAL PAY:MBNTS
Lessor accepts the lease of the property as above stated and agrees to pay therefor the following amounts as annual rental, in twelve equal installments, payable monthly in advance, to the Treasurer

40

Jou:a.NAL OF THE SENaTE,

of the State of Georgia, on or before twelve o'olook noon, on the tenth of each and every month during the period of this lease, time being of the essence of the contract, to-'Wit: from June 1, 1922 to May 31, 1932, the sum of 'Twenty Thousand ($20,000.00) Dollars per annum; from June 1, 1932, to May 31, 1942, the sum of Twenty-five Thousand ($25,000.00) Dollars per annum: From June 1, 1942 tO Mar 31, 1952, the sum of Thirty Thousand ($30,000.00) Dollars per annum; from June 1, 1952, to May 31, 1962, the sum of Thirty-five Thousand ($35,000.00) Dollars per annum: From June 1, 1962 to ltiay 31, 1972, the sum of Forty-three Thousand, Five Hundred ($43,500.00) Dollars per annum.

Lessor hereby acknowledges the receipt of the sum of I'ive Thousand ($5,000.00) Dollars cash in hand paid, which covers the :first three months rental herein named, that is to say, for the months of June, July and August, 1922. And, in addition to the amounts which lessor shall receive for said property lessee agrees to pay during the entire term of this lease ail taxes both on the lot and the improvements as they now are, o1 may hereafter be made, which rna~ be hiwfully assessed against said property, and all street and sidewalk improvements, curbing, white lights, sewers or any other kind of assessments which may be lawfully assessed against said property.

FRIDAY, JUNE 30, 1922.

41

ALL TA...xEs, IxsuRA~cE, ETc., To BE PAID BY LESSEE.
.All taxes and charges herein named shall be paid by the Lessee to the Lawful Tax Collectors, within the time required by law, in ordinary course, and without penalty thereof, except in such cases as the Lessee may contest the legality, or amount thereof, in which event, payment shall be made. before levy of execution on final judgment. For all payments made by the lessee herein required to be paid to the la\vful Tax, or like Collecting Officers, lessee shall at once furnish to the lessor duplicate receipts, or other satisfactory evidence of such payments. Lessee also agrees to pay the fire insurance premiums on not less than seventy-five (75) percent of the value of the buildings to be erected on said property, and to pay the premiums on a reasonable amount of liability insurance. Lessee shall at once furnish duplicate receipts, or satisfactory evidence of such payments.

AMOUNT To BE ExPENDED :B,oR BuiLDINGS.

Lessee is bound to expend at least the sum of One Hundred Thousand ($100,000.00) Dollars in the erection of a permanent building on said property, within the first twelve months of this lease period; and is likewise bound to expend not less than the additional sum of Two Hundred and Fifty ($250,000.00) Dollars, within the next five years of the lease period: so that by the end of the first six years of the lease period the amount expended for a permanent building,, or buildings, on said property shall

42

JOURNAL OF THE SENATE,

amount to not less than Three Hundred and Fifty Thousand ($350,000.00) Dollars.

FIRE-PROOF BUILDINGS.
All buildings on said property, whether permanent or temporary, shall be of fire proof construction, iu accordance with the accepted meaning of the term "fire proof" in this State, at the time of the erection of the respective buildings, and such buildings shall be in keeping with the surroundings at the time of the erection of such buildings, and in accordance with the building requirements of the City of Atlanta, and to determine if these provisions are being complied with, the plans and specifications shall be submitted to the Governor, or other duly constituted authority.
RIGHT To CANCEL LEASE.
Upon the failure of lessee, or of its successors or assigns to comply with the terms and stipulations contained in the two paragraphs next hereinbefore written, lessor shall have the right to cancel this lease, and take possession of the property upon thirty days written notice. Also lessor shall have the right to verify the amounts expended for saill permanent improyements.
BOND FoR o~E HUNDRED THOUSAND DoLLARS.
Lessee shall give a bond, of even date herewith, satisfactory to lessor, guaranteeing the expenditure of One Hundred Thousand ($100,000.00) Dollars

FRIDAY, JuNE 30, 19:.2:.2.
during the first twelve months of this lease, as aforesaid.
ALL DAMAGES AssuMED BY LEssEE.
Any and all damages to persons or property which may be suffered by lessee, its tenants, or its laborers, or by any person, or persons whomsoever, by reason of anything that may be done, or which may occur about the buildings, improvements, premises, sidewalks, or premises adjoining at any time during the lease period, shall be borne by the lessee, and all suits for any claims or damage arising in any manner whatsoeYer in connection therewith shall be defended, and judgment thereon, if any, paid by the lPssee.
X o Excc:uBRAXCE EFFECTIVE AGAINST LEssoR.
Xo mortgage or incumbrance shall be placed on any of the buildings, or improvements, to be erected on this property, except with the express understanding that the same shall be inferior to all of lessor's rights under this lease, and that such buildings and improvements shall vest unincumbered in lessor upon any breach or default under the conditions and stipulations herein, as well as upon the expiration of the lease.
X o REcEIVER OR TRUSTEE SHALL AcQUIRE INTEREST.
It is agreed that no Receiver or Trustee, in legal proceedings with which the lesse may be concerned; nor of any persons to whom lessee may transfer this

44

JouRNAL OF THE SENATE,

lease, shall ever have any interest or claim in or to the leased premises, or in or to this lease, or to the rents arising thereunder, unless such Receiver or Trustee is appointed at the instance of lessor to protect its interests. It is also agreed that the rights given to lessor under this lease contract are optional to it, and are cumulative to any right it may have now, or hereafter, to enforce this lease contract.

LESSEE's RIGHT To TAKE PossEsSION
Upon the execution of this lease contract, together "ith the payment of the aforesaid Five Thousand ($5,000.00) Dollars, to cover the rental for the first three months, and upon the execution and delivery to lessor of the bond guaranteeing the erection of permanent buildings during the first twelve months of this lease, as aforesaid, lessee or his assig11s, shall have the right to take possession of the property, and to demolish, remove and dispose of the buildings and improvements thereon, and also to grade and excavate the ground in preparation for the erection of permanent building, or buildings to be erected thereon.

LEssoR's HIGHT To R.E-EXTER UPoN DEFAULT.
It is hereby expressly provided that, in the event lessee defaults in the payment of rents, taxes, or other assessments against said property, time being of the essence of the contract, lessor may, at its option, and upon thirty-days written notice cancel this lease without claim or liability for damages, and re-enter and take possession of said prope1ty.

Fmn..&.:r, Jun 30, 1922.

45

ALL Bun.ru~os To BE KEPT Ix REPA.IR.
Lessee shall keep all buildings and improvements erected on this property in fair and reasonable re-pair at all times without cost to lessor, and is to keep such buildings and improvements insured, with loss payable to lessor and lessee jointly as th-eir interests may appear in an amount equal to seventy:fi\e percent of the \t.tlue of such buildings and improvements. Lessee is to pay premiums on all insurance, and to deliver all policies to lessor. In the event of any of the buildings or improvements erected upon the premises herein leased shall be injured or destroyed br fire, or any other agency or cause, lessee shall begin their repair, restoration and replacement within ninety days, and thp proceeds from any and all policies of insurance on said buildings shall be utilized and applied to the repair, restoration or replacement of such buildings or improvements.

ALL BIDLDINGs .&.~D lMPROVEME:STs REVERT TO LEssoR.
All buildings and improvements upon the premises, including elevators and all appurtances thereto, and all engines, dynamos, boilers, fun1aces, heating apparatus, and all such appliances used in connection with any buildings that may be ere'cted, and any and all essential parts of any building or improvement that may be placed on the leased premises which shall be deemed and considered a part of the realty, at the expiration of the lease period, or at the time of any default which may operate to cause a

46
termination of the lease, as herein provided, immediately shall become the property of, and title thereto vest in lessor free from any claim of lessee, its assigns, 'Or any person whomsoe\er. It is expressly agreed that any and all sub-lessees uud tralll!lferees under this lease contract, shall be bound by the terms, stipulations and conditions contained herein.
In witness whereof, lessor has hereunto, by the aforesaid duly empowered MA:NSION LEASE CO:l\'1MISSION, duly constituted according to the provisions of said Act. as aforesaid, executed this lease contract, and has duly obligated the STATE OF GEORGIA, the owmn of said propel"t.y: And the lessee, through its proper oii"icers, duly authorized to do so, has signed this instrument, and caused its senl to be attached thereto, the same being done in duplicate, on the day and year :first above written.
Executed in presence of, who witnesss as to all of the Commissioners except Senator Pat Haralson, Julian B. McCurry nnd Senator Frank Mauston.
R. 0. HUIE,
ALBERT CoLLIEB,
N. P. State at Large.
As to Pat Haralson,
JOHN HARALSON,
B. B. FITE,
N. P. Union Co. Ga.

FRIDAY, JuNE ZO, 1922.

' 47

Ae to Julian B. McCurry, HENRY McCcRRY, J. D. BRADWELL, Judge Oitr Court of Athens.
Executed in the presence of
R. 0. Hum,
ALBERT CoLLIER.

Witnesses ae to sigm1ture of ::&"rauk S. :Manson: T. R. GRESS, N. P. State at Large, Residence, Atlanta, Ga. SEWARD M. SMITH.

THos. W. liA:BnwiCX, Go:vernor.
s. G. McLElrDON,
Secretary of State. GEO. l\I. N.APIJm,
Attorney General. PAT HARALsoN, ,
c. FRANK MANSON,
THos. M. Swll'T, Sa, J. B. DANIEL, THOS. J. CARLING, CARL X. GuESs, JULIAN B. 1\IIcCURRY, C. M. MnLur,
Constituting the MANSION LEASE COMMISSION. MAssELL REALTY IMPROVEMENT Co. BY BEN. J. MAsSELL,
President.

4B

JOUR:NAL OF ~HE SENA~E,

The following message was received from His Excellency the Governor through his Secretary, Mr. Blalock:
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.
State of Georgia, Executive Department, Atbmta.
The following address was delivered to the General Assembly in joint session convened on June 29, 1922, by His Excellency, the Governor, Hou. Thomas
Vi. Hardwick.

TO THE GENERAL ASSEMBLY OF GEORGIA:
In obedienee to the Constitutional mandate, I again appear before you ''to give information on the State of the Commonwealth'' and to recommend for your consideration such measures as may seem necessary or expedient.
It is my purpose in this message to deal only with matters of the highest and most general importance consequently, I shall, from time to time, transmit in \vriting for your consideration other messages dealing with other matters, as the session progresses and as these matters may be properly brought to your attention.
FISCAL AFFAIRS.
I beg to invite your attention, :first of all, to the :fiscal affairs of our State. They are of the utmost im-

F:amAY1 JuNE 30, 1922.
portanoe and demand your first and moat careful at-
tention.
Taken as a whole, the State has undergone, and is undergoing, one of the period& of most profound depression in its entire history, and the condition of its people of all classes and of all sections is such as to imperatively demand of us the application of the soundest principles to our fiscal affairs and the practice of rigid economy and drastic retrenchment in the e::\-penditure of public money, to the end that the credit of the State may be preserved, t~.., efficiency of its government ma~r remain unimpaired, and at the same time, is possible, the tax burdens of its people mar he lessened.
'Vhen this General Assembly began its work on the fourth Wednesday of June of last year, and I became your Governor on the Saturday following, we were
ncoatniforno.nteAdcbcyoradimngosttoditfhfieculaltsat nAdnenmubalarMraessasianggesiotf-
Governor Dorsey, of date June 25, 1921, he estimated the deficit, or the amount not on hand necessary to complete the payment of ''undrawn balanoes," as of date January 1, 1921, to be $3,186,687.85. In my message to you of date June 26th, 1921, I estimated ,that the deficit would reach the tatal figure of $3,547,421.38 by the end of the year 1921 ~less some relief was afforded. Both of these estimates were slightly in exoess of the real figures, for the reason that the State Tax Commissioner had estimated that there

50

Jo"C"RXAL OF THE SENATE,

would be a fall in property values of $200,000,000 in l 921 below 1920, which meant the loss of $1,000,000 in revenue, when figured at the constitutional rate of 5 mills. Later in the year it developed that the shrinkage in values was only about $80,000,000, instead of $200,000,000, as had been estimated, consequently the loss in revenues was only about $400,000, instead of $1,000,000, as estimated in the figures given by Governor Dorsey and myself. It is thus apparent that the real deficit \Vas substantially $2,500,000, on January 1, 1921, and but for the measures we adopted to prevent i't, would have reached the sum of practically $3,000,000 by December 31, 1921.

Last Summer we were confronted by this situation. It was not of our creation. Neither the present General Assembly nor the present Governor caused it or contributed to it, but the responsibility was upon us to meet it and to remedy it, if possible. Confronted by this situation, what Gourses were open to us 1 The answer is simple. It was our duty to reduce the appropriations for the year 1921 so far as the same were undrawn, or else increase the revenues for that year so as to strike a balance and make the one equal to the other; or, to accomplish that result, partl~- by reducing appropriations already made and partly by increasing the revenues; or, if it should prove impossible, for reasons hereafter referred to, to accomplish this result in either of the above ways, then to raise the money in some other way so as to enable the treasury to meet the demand upon it, so as to save

FRIDAY, JUNE 30, 1922.

51

the credit of the State. lt naturally suggested itself to you at first, as it did to me, that the best way to accomplish the result was to reduce the appropriaions for 1921, particularly in a time of hardship and depression. But it must be remembered that we were dealing with appropriations already made by previous legislatures, a great part of which had already heen spent, and vvhen we came to the effort to reduce the unspent part of those appropriations we found it was practically impossible to do so, because in almost every case, the rights of third persons had intervened, moral or contractual obligations entered into on the faith of the appropriations already made to school teachers, pensioners and other creditors of the State were so strong that we could not, without great injustice and great hardship, reduce the appropriations already expended in part, on the faith of which these engagements had been entered into.

11nable, for this reason, to make any considerabl,~ reduction in the appropriations for 1921, the Legislature next endeavored to raise additional revenue for the year 1921, in order to meet these appropria-
tions, but when you came to the consideration of this
question, you found yourselves confornted by two great practical difficulties. First, the money was needed for the year 1921; two-thirds of that year had alreacl~r passed and it was difficult, under the Constitutional limitations under which the Legislature operated, to materially increase the rev.enues in the short part of the year that was left; second,

52

.TO"C"RNAL OF THE SENATE,

business conditions of the State were so bad generally that it was practically impossible to raise additional revenue for the year 1921 in any great amount, without working a hardship, if not confiscation, on such classes of business as in ordinary times might have been taxed in an emergency of this character.

Consequently, the General assembly was forced, in order to preserve the credit of the State and to pay the appropriations made by the preceding General Assembly, to provide for the discount of the rental of the Western & Atlantic railroad for a period of five years in the future. I unhesitatingl~ recommended that course to the Legislature as a last and desperate remedy for a situation which it did not create and which I did not create, but which we found confronting us and menacing us when we assumed the responsibility of office. No citizen of Georgia could have been more reluctant than I was to advise such a course. No man is more keenly aware than I am of the dangerous precedent it set, but it was a condition, not a theory, that confronted us, and it was absolutely indispensable to adopt some remedy to preserve the credit of the State and to save her obligations from dishonor. Yielding to that imperative necessity, the General Assembly passed this legislation with only a very few dissenting votes against it in either House.

After the adjournment of the General Assembly, the Constitutionality of this legislation was publicly

FBmAY, JuliE SO, 1922.
assailed. So much doubt was cast upon its legality that it was impossible for me to discount the W. le A. rentals at any reasonable rate of interest, in a time of financial unrest and clepression, 'vithout having that question finally settled by our Supreme Court. Consequently, I brought Mandamus Proceedings in the Sueprior Court of Fulton County to oompel the Comptroller General to sign these warrants, upon his refusal to do so. The question thus raised was finally adjudicated 'On the 7th day of December, 1921, by the Supreme Court of Georgia, in the case of "Wright, Comph'oller Ys. Hardwick, Governor, in favor of the Constitutionality of the W. & A. Rental Funding Act. After the decision was rendered and after due advertisement thereof, and oompetitive bidding therefor, the rental above referred to was
sold to the Citizens & Couthem Bank, of this State,
and the National Park Bank, of New York City, at a discount rate of 5.95%, netting $2,297,586.21 to the State, after the discount bad been deducted from the principal sum of 2,100,000, which is the aggregate of five years' rental on the W. & A. Railroad, at $540,000 per annum .
The proceeds of the rental were used entirely for two purposes. First, the larger part of the same, $1,960,408, for the payment of all past due pensions to the Confederate veterans in the discharge of all
arrears due them, of every class, up to and including
December 31, 1921. Second, the remainder of same, $33'1,178.21, was appropriated to the payment of teachers in the common schools of the State, for

J OL'RXAL OF THE SENATE,
arrears due them during the year 1921. As a necessary part of the fiscal policy of last year adopted by your body and recommended by myself, a tax of one cent per gallon, imposed at the source, was levied on all g-asoline consumed in the Stnte, it being the intention of the Legislature and myself that this ta.'{ should make up the loss in revenues oooasioned by the discount of the W. & A. rental, for the purposes above recited. This tax will, I am confident, produce fully $800,000 per annum, fully 50% more than the W. & A. rental. The returns by quarters up to date are as follows :
From August 10, 1921, to October 1, 1921, {1 month and 20 days)------------$113,662.87
For quarter Clt<ling December 31, 192L_ 188,88-l-.a2 For quarter ending Mnrah 31, 1922______ 151,305.65
For period of I months and 20 days total sum of ------------------$453,812.84
The quarters not embraced in the above figures are the summer quarters, in whiah the consumption of gas is largest.
I submit that this tax, borne in large part by those best able to stand it, is the most just and equitablc tax that could be imposed in order to replace the W. AA. rentals, and that it more than accomplishes that purpose. B~- this fiscal policy, which was the only one that could be suggested by any thoughtful person in the Legislature, or out of it, we were enahled to "pull the ox out of the ditch" and to restore the finance& of the State to a aound and stable basi&.

FRmAY, JusE 30, 1~32.

55

\Ve come next to deal with the question of revenues and appropriations for thP ~-ears 1922 and 1923. The total appropriations for these years were gtcatlr reduced helm\" the total of those m1ule for the year 1921. The appropriations made for the year 1921 at the session of the General Assembly in 1919 totaled $9,845,000. The deficiency appropriations for 1921, authorized by law and made at the last session of the General .Assembly, amounted to $1,141,884.61, making a grand total of appropriations for the year 1921 of $10,886,884.61, whereas the total appropriations made by you last Summer for the year 1922 amount to $9,452,317.15, a reduction in appro- priations for 1922 under appropriations for 1921 of $1,434,567.37. This figure is within the revenues of the State and can be met and defrayed by them, unless at the present session deficiency appropriations should be passed by your body to destroy the balance and create a deficit. I am sure that you will heartily agree with me that that is impossible and imptacticable, unless additional revenue should be provided by you to meet such appropriations.
Because of the necessit) for making this drastic cut in appropriations, your body was not able to deal as generously as you would liked, or as their merits justify, and in some cases demand, with many of the institutions of the State and many of the different objects for which appropriations were made, bec.ause you were u11able to get a si11gle inch away from the proposition, applicable alike to sound finances and good, common sense, that income and outgo must be carefully and accurately balanced

56

J OFRXAL OF THE SENATE,

against each other. However worthy the appropria-
tion may be, it cannot and must not be made unless
we have the money to pay it with. "Pay as you
go" is the only safe motto for either an individual or
the State, and that the present Legislature for the
first time in many years has had the courage to
apply this doctrine to our State's affairs and to live
up to it, should be, as I believe it is, a source of real encouragement and of profound gratification to all of the sensible people of this State. The application of the doctrine "Live within your means" to the affairs of either an indjvidual or a government, is never a pleasant operation;. mutterings and growlings, many of them low and deep, nearly always result from it, but as certain as we live, it is the only plan by which permanent safety and enduring happiness can come either to an indiviudal or to a State. In obedience to this great principle of sound business and of common sense, ''"e have been compelled, whatever our desires and wishes, to "fashion our garment according to the cloth," to appropriate whatever our revenues would pay, and no more: ;m' if tlw financial affairs of this State arc to hr placed and kept on a sound and stahlc hasis, this gTca' principle must be Yigi.lantl~ adhered to in the future, and you may rest assured that so long as I am Governor of Georgia, it will be adhered to; and I earnestly hope and sincerely believe that in the effort to maintain it, I shall -have your hearty cooperation and ~our undivided support. No appropriation greater than can be paid by the revenues of

Fmr>AY, Ju:sE 30, 1922.

57

the State should be made by you, or can be approved by me.
Let me next invite your attention to the condition of our budget at the present time. \Ve owe on un: drawn balances on 1921 appropriations the sum of $63,740.81. We have not failed to pay this amount because of any inability of the treasury to pay it, but because requisitions therefor have not yet been duly and properly presented to the Governor. In due course these undrawn balances will be paid on proper requisitions and warrants. We also owe
certain State Depositories in Atlanta the aum of
$500,000 borrowed by the Governor on February 27, 1922, under authority of law, to supply casual deficiencies in revenue, and used to pay 1921 common school appropriations. The interest up to September 9, 1922, on this loan will amount to $13,472, the
rate of interest being 5%. This makes a total of
$577,212.81 due on 1921 obligations. To meet these obligations, we have the following revenue from 1921 not yet collected.
Ad valorem taxp~; for JH21 uncollected on
June 10, 1922_____________________$572,504,51
1919, 1920 and 1921 railroad ta.,;.es uncollected on June 10, 1922____________ 66,268.53

Total ------------------------$638,863.04
This amount, if collected, will over-pay our past due obligations by the sum of $61,650.23, and it is fair to assume that even in hard times like the pres-

58

J OlJRNA.L OF THE SENATE,

ent, we will collect at least enough past due revenue to pay these undrawn balances of 19:21.
We oome next to the budget for the year 1922. The appropriations, exclusive of automobile license taxes, appropriated to higbwa~ construction, made for 1922 total $9,438,845.15. In this connection, I submit to you a table marked Table A, from the Treasurer's office, showing these appropria.tions in detail, showing those of them already paid, and showing those that are not yet paid. We have so far collected of the revenues for 1922, from all sources except ad valorem taxes, $1,248,049.03. A olose and accurate estimate of the amount of revenues for the year 1922 yet uncollected, from sources other than ad Yalorenl taxes, shows a total of $3,78-1,1-:1:0.13, making a total of revenue for the year 1922, from all sources except ad valorem taxes, of $5,032,189.16 (See statement in detail from Comptroller's office, marked Table B, hereto attached).
In ndclition to the abo,e, it is estimated br the State Tax Commissioner (See Exhibit D) that the net reyenue from ad Yalorem taxes of this year will be $4,600,000, consequently the total revenue, exclusive of license taxes appropriated to highway board, for the State for the year 1922 will be $9,632,189.15. This must be compared with the total appropriations of $9,452,317.52, and when so compared it will be seen that the revenues for the year will exceed its appropriations by a comparatively small sum of $1'19,872. This, I &nbmit, is only a reasonable margin when the difficulty of collecting taxes up to the last dollar iu times like these is considered.

FRIDAY, JUliE 30, 1922.

59

In this connection, I feel it my imperative duty to call your attention to the follolving language of the General Appropriation Act of August 15, 1921,

{Act nf 1D21, Pnge 10, Sub-section C):
"For the support and maintenance of the Common or Public Schools of the State, Four Million Two Hundred and Fifty Thousand Dollars ($4,250,000) for each of the years 1922 and 1923, and should the reYenuc of the State exceed the sum of Eight Million Fi\c Hundred Thousand Dollars ($8,500,000), then one-half of the excess of each year to be applied to said Common or Public Schools.''

As I said to you last year; "I yield to no man in this State in my devotion to the Common Schools of this State; at a later and more happy period when rvudjustmcut t*tmU?K, it is Ulf l:'aruest hope and my confident belief that we will be able to further increase the efficiency of our common schools in this State. The education of the masses means much to me. I long to see the day when we can pay the Georgia, school teacher a living wage, pay it in cash every month, without resorting to discount processes. But until that day comes, until the State is prodded with tt re\cuue system that \\-ill meet its growing demands in this direction, it is useless, worse than useless, to make appropriations even for the common schools which the treasury cannot pay.'' One-half of the revenue of the State for 1922 will amount to $4,800,000, in round :figures. This will

60

J OUR~AL 01!' THE SENATE,

involve an increased appropriation for the common schools of $550,000, over the sum fixed in the General Appropriation Act. if the second clause thereof is to remain in force. If we could collect every cent of taxes due the State from every possible source, we would not have one-third enough money to pay this additiomd amount to the common schools, consequently it seems to me to be an absolute necessity to repeal the coneluding paragraph of the Section of the Appropriation Act to which I refer, unless the Legislature can provide-, and can provide at once, the funds with which to meet this great increase. In concluding tl1is discussion of our :fiscal affairs, I cannot too strongly impress upon you the necessity for economy and retrenchment. The condition of our people in every walk of life and every section of the State demands it. Agriculture is practically prostrate; business languishes; commerce is halted; the people everywhere, in city, in town and in the rural sections, are forced to apply ~he most rigid eCOIJomy to their personal affairs. Certainly they have the right to expect of their governments, both national and State, the appilcation of the same principle in the expenditure of public money.

RETREXCH:llEN'T AXD Et 'O~OMIES IX ADMINISTRATION.
I repeat m~ recommendation of last year regarding Bureaus, Boards, and Commissions, and urge upou the Legislature a thorough and careful examination into the affairs and operations of every department of our State government, of every

FRIDAY, JUNE 30, 1922.

61

Board, Bureau and Commission that exists by virtue of State law or State authorit~', 'Yith a Yim\ to determine, first, whether such agency of the goYcrnment performs any essential function for the State or not; if not, it ought to be abolished and the expense of its maintenance saved; second, even if such agency of the government performs a useful and necessary function, then its operations ought to be examined into with a view to determine what reduction can be made, in so critical a time as this, in the expense of ::;uch department or commission; and what economies can be effected in the administration of its affairs.
It is not my purpose to impair useful public service in any line of legitimate and proper governnwntal actiYitr. I do not intend to be so understood either by the members of the General Assembly or by the public; but I insist in times like these that it is imperatiYely necessan, that we abolish eYery useless place, purge the pay roll of every useless official, and cut out extravagance and waste wheren'r we find it. I urge upon the Legislature, and especially upon the appropriation committees of the t:~o 'houses, a careful and exhaustive examination into the matters herein suggested, with a view to carrying out the will of the people of this State, and of ridding the State and the treasury of all unnecessary encumbrances upon both.
In my opinion, the Department of Archives and History should be abolished. It performs no necessary function to the State and its records can be well kept in the State Library. If the work of .in-

62
de:i:ing is to be completed, it e~:m bt> just as well performed there b~ a clerk at $1,500 per annum.
I unhesitatingly recommend the reduction of the
number of the Railroad Com:nlisaioners from fhe to
three. The Railroad Commission has verr little to
do with the :lb:ing of railroad rates within the State,
since recent federal statutes as construed by the
Supreme Court.of the United States have deprived it of that power. The federal statute iu qut>stion is in plain derogation of the right of the States to control their local affairs, and ao far a:s it confers upon the Interstate Commerce Commission the right to fix rates wholly within a state, it should be repealed. Until it is, however, there is no necessity for the present commission of fiye members on the theory that they are needed to perform any considerable amount of work in fixing railroad rates. Besides, it will be remembered this Commission for many years functioned with three members, and it was only after the conclusion of a political campaign that it was nec.essary to increase its number to carry out the policy of a new administration and to ca~ into effect the will of the people of Georgia, as a.~ pressed at the ballot box in that campaign. No such situation llO\V exists, and it aeems to me, in a time like this, the people of Georgia can well dispense with the two railroad commissioners that were then added to that body and can well :ceduoo its number from five to three, thus e:ffooting a saving of $7,200 per annum. In this connection, it is worthy of note that thirty-eight of the States of the Union have

FRIDAY, JUNE 30, 1922.

63

onlv three Railroad Commissioners. No Southern St;te, except Georgia, has more than three.
I recommend to the General Assembly of Georgia the repeal of the la'v providing for an attorney for the Highway Commission of Georgia. In my opin~ ion, the duties performed by the attorney for the Highway Commission can be well attend-ed to by the Attorney-General of the State, with the aid of the various county a.ttorneys handling road. matters; and thus a saving Qf the salary and expense of the legal. department of the Highway Commission can be effected.
I repeat my statement to you of last year, to the effect that we are board-ridden, commission-ridden and trustee-ridden in this State. It can probably be said with truth that no one of these boards or commissions represents an activity that is wholly bad or for which some good things cannot be said. Yet, I think it can be said with even more truth that many of them represent activities more or less paternalistic, which are not really essential to the proper condud of om Stntc Go,Ternment, and 'vith "-hich we ttan ,,.t>ll dispeuse, especially in hard times like these.
As fnr back RS June 25, 1919, Governor Dorsey, headiug a board called the Budget Investigation Commission reported that Georgia was trustee-rid':len. This Board pointed out that the University system alone had 277 truste-es and it made the following recommendation:
"We are decidely of the opinion that it would be for the best intarest of our higher institu.-

64

JouRNAL oF THE SENATE,

tions if a small board of control or State Board of Regents should replace the army of trustees now appointed largely by reason of political support. Either an ex-officio or a separate board of three to five, whose duty it should be to become familiar with the needs and operations of these higher institutions, present fully to the Legislature, to direot the purchase of supplies; give active supervision to the work generally, to so avoid the present rivalry and friction of the different boards, would be a great improvement over the present plan. The per diem and expenses now paid to these hundreds of trustees would pay for the &ervioos of a small board of regents that could become familiar with all the needs of our higher educational institutions ami aid them effectively as well as help the Legislature to see accurately as to the appropriations needed each year."
This recommendation I heartily endorse and approve. Indeed, I am of the opinion that a board of regents for the entire higher educational system of our State might be well provided to take the place of the present boards of trustees of the University of Georgia, and of all of its branches, and of every other institution of learning supported by the State. In m: judgmeut, economy in the administration of the affairs of these institutions, economy in the purchase of supplies needed by them, and a systematic correllation of the work of each one of them with the other, would be obtained by the adoption of amili a

FRIDAY, JuNE 30, 1922.

65

plan, and as a result we would have a systematized, coherent and comprehensive educational system, beginning with the common schools and ending with the Fniversit~ all(l our various normal and technical schools.
I unhesitatingly urge opon you a careful consideration of this plan, not only in the interest of real economy, not only for the purpose of riding the State of a number of unnecessary office-holders, not only to relieve the Legislature of political importunitie~ from these trustees, who annually come seeking money at your hands, but also to broaden and deepen and strengthen our educational system itself..
This step is not a new one in this country. Many of our more important and progressive States have adopted it. Xot <)Ill' that has enr adoptell the regency system for education, in whole or in part, has ever been willing to abandon it or to return to the antiquated, disjointed and expensive system we maintain.
At the last session of the General Assembly a joint committee from the two houses was appointed to consider this question. I understand that committee will report to you during the present Session, and I earnestly bespeak for its report that careful consideration and wise action to which the importance of this subject entitles it.

AUDITING SYSTEM FOR THE STATE OF GEORGIA
I strongly urge upon you the establishment for
Rig. a-Senate

. 66

JouRNAL OF THE SENATE,

the State of Georgia of a complete, modern and upto-date business system in the operation of its fiscal affairs. I am anxious to apply to the business of our State the same sound business methods which are applied to the affairs of great corporations and large businesses, whenever they are successful, throughout the country. It must be understood that in making this recommendation, I have no intent to reflect, and do not in fact reflect, upon the integrity and ability, the high character and splendid services, of our distinguished Treasurer, the Hon. Wm. J. Speer, and of our distinguished ComptrollerGeneral, the Hori. Wm. A. Wright. Two better, purer and truer men never served Georgia .at any period of her history, and if the State were searched from end to end, with the purpose of finding faithful and efficient servants to fill the places occupied by these gentlemen, it is not probable that the equal of either of them, in either efficiency or fidelity, could be found. My association with them has been in every way pleasant, and to them I am indebted for many acts of personal courtesy, for strong and wise advice in the conduct of the State's affairs, and unfailing aid in the administration of those affairs. What I have .to recommend in regard to these matters no more reflects upon them or upon the conduct of their officers than it does upon the present GaYernor or upon the conduct of his office. Nor is it my purpose to change the structural base of the State's fiscal administration, except 'insofar as it be necessary to bring our rnesent machinery up to date and to provide modern business methods and necessary

FRIDAY, JUNE 30, 1922.

67

safeguards for the condq.ct of the State's fiscal affairs.
In my opinion, the State of Georgia unnecessarily spends hundreds of thousand of dollars annually, because of the lack of planning by departmental and institutional hea<1s, because of poor appropriating methods, and because of an inadequate system of auditing collections and expenditures.
The present system has been continued without material chailf?.'E' from the date when appropriations were small and when the appropriating authorities were personally acquainted with almost all State officers and had first hand knowledge of practically all State activities. As the State government has grown in size and complexity and as the amounts of money collected and spent e~ery year have increased, the old B,\stem, which was sufficient in simpler da~s, has not been changed and extended to meet the liP\\" conditions. The State's fimmcial affairs are in theory centered largley in the operations of the office of the Governor, the Comptroller-General <mel the TreasurC'r, \\hcreas, in practice most of them center in the offices of the large outside expending and collecting agencies, such as the State Sanitarium, the State Highway Department, and the Department of Agriculture. The only effective way to work the necessary reforms and to appl~ to our pr<>sent system modern business methods, so that responsible central officers will again be able to exercise a controlling influence upon the collecting and spendil1g of mone~s, is to change the appropriating machinery of the Legislature, so as to force careful

68

J OVRNAL OF THE SENATE,

planning on the part of departmental and institutional heads, and to require that the appropriation acts shall be draw11 in such form that no expenditures can be made unless authorized by the act and to provide that an auditing staff shall enforce the intent of the General Assembly. The work being done by the Comptroller-General, the additional auditing now done through the Governor's office under the provision of the last Appropriation Bill, providing that ''That the Governor shall require of the Superintendent or official having charge of the finances of any institution or department a monthly statement of all expenses, itemized and sworn to, before issuing an~ warrauts," has been effectiYe iu making some saving and preventing some extraYagance. It is to be noted, however, that the la" does not giYe to the GoYeruor; or to the Comptroller, or to any officer of the State any authority to pass upon the correctness or reasonableness of the items, or to reject any item because the same appears unnecessary or extravagant. Besides, a clerical force much larger than that of the Governor's office or the Comptroller's office would be required to exercise any such supervision; a central auditing staff is necessary. I urge and recommend the establishment of an auditing staff for the State, with a State Auditor m~d Accountant at its head. The expense of such an office, with all the necessary assistants, will not exceed the sum of $30,000 per annum; and government experts, who have carefully investigated the situation estimate that such an office would easily effect a saving of from two hundred to

FRIDAY, JuNE 30, 1922.

69

three hundred thousand dollars per annum, the amount of the saving depending upon the provisions of the law establishing the office, the promptness with which tlw "-ork is begun, and the ~horoughness with which it is done. As an offset to the expense, it is pointed out that perhaps $15,000 a year is now paid for the annual audit of a few institutions and departments; and when a State Department of Auditing is established these payments will be no longer necessary and can be saved. Consequently, the net expense \o the State for the establishment of this department, will not exceed $15,000 per annum over the amouht alread~ spent in a desultory and haphazard manner for auditing some departments and institutions of the State, and will, in m:v judgment, effect a saving in expenditure amounting to hundreds of thousands of dollars ammally.
The :first large expense to the State under the present :fiscal system results from the failure of the departments and institutions to plan their work. In the reports made to me by expert investigators of S<'\eral agencies examples are given of large expendihues made without any definite plan on the part of the responsihle officers. To remed~- this condition, it is recommended that one of the duties of the State Auditor and Aceountant shall be to seeure both phms and pstimates of cost, and tlwse plans and estimates shall be reviewed by the Governor and then submitted to the General Assembly with his reeommendation thereon.
The largest single source of loss, according to the investigation I have made, results from failure to

70

JocR~AL OF TRE SENATE,

audit expenses before payments are made. The futility of audits made at the end of the year or at irregular times when there is no system of current control is perfectly apparent. After the money is spent, it is impossible to take any effec.tive action with regard to such matters as irregular attendance of employees, excessive salaries, high prices paid for supplies and equipment, or expenditures for goods or services which have not been received. The only way to prevent this kind of losses is to hold up payment until the eApending officers can show that the services or goods are needed, that authority for the purchase has been granted, that money for the payment has been appropriated, that the goods or serYices have been recehed, and that the prices it is proposed to pa~ are reaHonabl...
In my judgment, the auditing of collections by the State agencies outside of the Capitol is even looser than the auditing of expenditures. The treasury is practicall~ compelled to accept without question whatever money is turned over to it by many of the collecting agencies. It has no means whatever of knowing whether all the money due the State has been collected, whether all the amount collected has been turned into the State treasury, or whether all measures have been taken to protect the State's interests.
It is knovn that in many cases the methods used b~ these collecting agencies are lax. Some of them admit that money which ought to be paid to the State is never collected. Few State agencies outside of the Treasury Department receive any inter-

FRIDAY, JuNE 30, 1922.

71

est on large deposits they make in. the local banks. In some cases, departments and institutions collect and expend considerable sums without taking the trouble to report the facts to the State's central financial officers. This action on their part is sometime authorized by law, and is sometimes taken without express legal sanction. The Treasurer and Comptroller are largely helpless in the matter, and only in exceptional cases can 'the Governor take effective action.
The practice of making continuous statutory appropriations year after year without bi-ennial review by the General Assembly is a pernicious one, which encourages administrative officers not to plan their work and which leads to extravagance and loss. :Most of the appropriations made in this manner are not so important or for such worthy causes that they should take precedence over others, and the review of every proposal should be made annually or biennially. Such a review, annually or bi-ennially, coupled with the turning into the State Treasury of every dollar collected by any State agency or received from outside sources (such as the Federal Government) is a prerequisite to any serious attempt to effect economies in the fiscal matters of this State.
The powers and duties that ought to be conferred upon the State Auditor and Accountant, would make this office one of the most important in the State goyernment. Subject to the approval of the Governor, he would install in the various departments and instHutions such forms and procedure as might be

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,JorB~A.L OF '1'RE SENATE,

necessary to safeguard the colleation and handling of money, and take all proper steps to insure the proper use and protection of stores, equipment and other p1operty. He would review cm.rrently all the financial transactions of the departments and institutions and if he found them in aooordance with the law and regulations, approve them for payment. Without such approval, it would be unlawful for any disbursing officer to pay any claim for goods or services. He would also assist the Governor and Gl'nernl Assemblr, u required in securing estimates and plans for State agencies, iu reviewing sueb estimates and plans, and in gathering data as to operating, efficiency, and costs. He would report to the GoYtrnot and General Ass('mbl~- lliuch facts and rouditions as he might consider significant, and particularlr all irregularities and -excessin~ costs which ought to be prcn~nted. In m~ judgment, the creation by the G>11eral Assemhlr of an auditiug commitV~c to revie'v the report of the State auditor and aooountant and to direct. special investigations and audits, whenever the same are deemed necessary, is also of considerable importance.
In connection with the work of the proposed auditing department, I unhesitatingly recommend a ehan~e in our srstem of making general appropriation bills and aome modification of the existing law in relation to the Budget Commission." I do not believe that an executive budget commission can ever be practicable or effective. :My opinion is that the real Budget Commission must be the appropriating co11ID1ittees of the two houses of the General As-

FRIDAY, JUNE 30, 1922.

73

sembly. There are two systems of making appropriations, especially where large amounts and many interests are involved. For instance, the Federal Government appropriates thousands of millions of dollars nmmclll~- on the plan of requiring, as a rule, itemizations of all appropriations, by every department of the government. On the other hand, the State of Georgia follows the plan of making lump sum appropriations. There are some difficulties inherent in both systems. Under the system of appropriating by item, there is not enough elasticity to secure the best practical results in the operation of governmental service. At the same time, it tends to\vards economy and keeps down extravagance, and is, on the whole, preferable to the lump sum system of appropriating money. The latter system allows too much latitude to the administrative departments and agencies of the government and tends to encourage both extravagance and graft. If we should establish an auditing system of the kind that I have recommended to you, I should also recommend that in the law establishing the department of State auditing, provision should be made for a change in our system of making appropriations, particularly with reference to our general appropriations bills.
The auditing department should require of the head of each department and institution of the State government, a statement, item by item, of each appropriation, and what funds are desired by such department or institution. The auditing department should then, in tum, submit such plans and

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JorRXAL oF THE SEXATE,

estimates of the department or institution to the Governor who, in turn, would submit them to the General Assembly for reference to the appropriate committees, and for final action by the two houses themselves upon each item of appropriation. The judgment of the General Assembly would be final, both upon the total amount of the appropriation to be made and the various items thereof. After the appropriations are once made by item, there should be no transfers between different items, except by the express approval of the Governor, whenever unforseen conditions have made such transfers necessary or desirable, and whenever such transfers are made, the Governor should be required to report them to the Legislature on the first day of the next session thereafter. It seems to me that a budget and auditing plan along this line, which will be laid before you with more explicitness and clearness in a report made to me by an expert government engineer employed for that purpose, will combine the strong points of the federal system of making appropriations with the strong points of our present State system of making them, will make for econom~ and honesty in the expenditure of public money, will provide against extravagance and dishonesty in expenditure, and, finally, will give sufficient elasticity to the operation of institutions and departments so as not to unduly hamper them when unforseen contingencies shall require the transfer of funds from one item of appropriation to another. It is my keenest ambition to have you install a thorough and up to date business system for the

FRIDAY, Ju~E 30, 1922.

75

transaction of the State's fiscal affairs and in the collection and expenditure of its moneys. I wish above all things to see the establishment of an auditing system which shall check up in detail every item of expenditure before the money therefor is drawn out of the State treasury, so far as practicable, and which shall, in its "follow-up check," show with absolute and unerring accuracy, how each and every penny of the tax money of the people is spent, for what it was spent, and whether it was wisely spent or foolishly spent. I believe we can install such a system, and by doing it save hundreds of thousands of dollars for the tax payers of Georgia, besides giving them better service in every direction. I earnest}~ hope that you may co-operate with me in this endeavor, and feel sure that you will do so.
In pursuance of my purpose to give the State a business administration and in an endeavor to investigarte as carefully and accurately as I could into the operatfons of its various departments and institutions, with a view to effecting economy and improvemen.t in the service, wherever practicable, on April 10, 1922, I employed the firm of Griffenhagen and Associates of Chicago, who are, in my opinion, the greatest governmental engineering experts in this country, to make a preliminary survey of the various departments and institutions of the State government and particularly of the fiscal machinery of the State Government with a view to determine what economies could be effected and what service improved, and what kind of an adequate and up-todate fiscal machinery coulrl be provided for the State.

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JorRXAL oF THE SENATE,

The reputation of tlw firm emplo~~ed is high. The:~ :o;<_nt me two of their strongest men, :Jiessrs. Fred Telford and Hugh J. Reber, the former being a me!llber of the firm. This finn has done a great deal of good \'>ork in tlw ,ya~- of making sune:~s as to gu\~nm1e1;tal departmcnL; aud actiYitieH for thL' Cougress of the United States, for the g-o\entment of tlll' Dominion of Canada, for the States of Illinois, Maryland and South Carolina, and for the great cities of Chicago, Philadelphia, Baltimore and :Montreal. My attention was particularly attracted to their work h: the nr:~ satisfactor:~ results they haYe accomplished in South Carolina for the government of that State. They haYe prepared and submitted to me thirteen separate reports as follows:
1-Auditiug and Fiscal System of the State. 2-Department of Agriculture. 3-Departrnent of Printing. 4-Departrnent of Public Health. 5-Department of Public Welfare. 6-Training School for Boys. 7-Confederate Soldiers Home. 8-Confederate Roster Commission. 9-Department of Archives and History. 10-Academy for the Blind. 11-State Library. 12-Stwte Library Commission. 13-Report ou office space in the Capitol Building.
These reports, in my opnuon, contain invaluable information for the use of the General Assembly

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77

and all of them will be transmitted to the General As::;embly, by special message, for it~ information and co1isideration. All of these reports except the latter relate to matters concerning which the Legislature is clothedwith both responsibility and power.
The last report relates to office space in the Capitol Building and indicates that by a proper adjustment of offices in the Capitol Building ample provision can be made for all of the officers of the State and their clerical forces, without the necessity of building a Capitol Annex and without the necessity of renting outside quarters for any department of the State, vrhich is now being done at an expense of $3,000 per annum.
These reports show that iu tlw Department of Agriculture alone one hundred to two hundred thousand dollars per year can be saved by cutting off useless and unnecessary officeholders and by other economies. They indicate that from three to four thousand dollars per annum can be saved at the Academy for the Blind, where 30 employees are required to look after 65 white inmates. They indicate that $6,000 per year can be saved by transferring tlw records of the Department of Archives and Hist~ry to the State Library and that from $20,000 to $25,000 per annum can be saved by reforms and economies in the Department of Public Printing. Ther-:e reports sho\\ that $1,500 per annum can be saved in the State Library by avoiding the unnecessary purchase of duplicate law books.
I shall submit these reports to you with the utmost confidence that, in the main, the facts stated are true

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JouRNAL OF THE SE~ATE,

and the conclusions drawn therefrom are correct, aud the reforms achocated and the retreuchmeuts planned are wise, and in the interest of honesty and economy. These investigators were instructed by me to go into each of these matters as much as they could in a preliminary report, showing neither favor nor hostility to any official or to any department, but to report the facts truly and without favor, and to fearlessly recommend whatever changes and improvements they thought desirable or necessary. It is quite probable that neither your body nor I will agree to all of their recommendations, but the inYestigations have been honestly made and are entitled to your very serious consideration. Undoubtedly many. intrenchments and many improvements in service are suggested in these reports and I submit to you for your careful consideration the question as to whether or not it would not be wise for this State to follow the exai:nple of South Carolina in this matter and have a full and comprehensive survey of the State government, all of its departments, all of its institutions and all of its agencies made on a larger and more comprehensive scale, for the use of the General Assembly at its next Session.

ATSTRALIAX BALLOT LA"\V" AXD BI-ENXIAL SESSIONS OF THE GENERAL ASSEMBLY.
I again urge the enactment of a real and rigid Australian Ballot Law, to be applicable to primary and general elections alike and to be installed at every precinct ill Georgia., to the end that every voter in the State, however poor and humble, may
Sig. 3

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79

hav.e the. opportunity to cast a free and untrammeled ballot, and to the end that vote-buying in our elections shall be rendered difficult and impracticable,
I again urge rou to submit an amendment to the Constitution of Georgia to provide for Bi-ennial sessions, inste.acl of Annual Sessions, of the General Assembly. I make this recommendation for the following reasons :
1st: I do so in the interest of economy. 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 from $55,000 to $60,000 per annum would be effected. In times like these it behooves us to effect every reasonable economy in the spending of the money of the people.
2nd: Bi-ennial sessions of the General Assembly would be an improvement over annual meetings for another and, if possible, even stronger reason; under the annual system we have too many unnecessary changes in the laws and too many amendments to the laws. In other words, too much legislation. If we had bi-ennial, instead Of annual sessions, the tendency would be to have fewer changes in the law and the disturbances of both business and the people incident to the annual tinkering with the laws would be avoided.
A great majority of the States of the Union have bi-ennial sessions of the General Assembly, and the experience of the several States, on the whole, seems to establish the proposition that bi-ennial sessions of the General Assembly are preferable to annual sessions, or to sessions every four years.

so

J OL"Rl\AL OF THE SENATE,

TAXATION.

In presenting to you my views on the difficult and complicated subject of taxation, I wish to assure you that I do so without either pride or obstinacy of opinion. I do so because my sense of duty to the State and to its people impels me to. give you my views on this question, and I do so with the utmost deference to those of you, and to those of my fellow citi:z;ens elsewhere who do not agree with me about it, and who may entertain different views on the subject; I do so in the earnest hope that this body, ou whom rests the responsihilit~ for action, n1a~ approach the <'Onsideratiou of this most important and most difficult question in the spirit of mutual tolerance and of common counsel, out of which ma:v come wise and conservative action.
I am afraid that the average man does not realize how small a percentage of the taxes that he pays is imposed or collected by the State for State purposes. To say nothing of Federal taxes, the proportion of the tax burdens occasioned b~- expenditures of the State is relatively small and is comparatively negligible. In Georgia the total bonded debt of the State is only $5,486,202. On the other hand, the total bonded indebtedness of all Georgia counties is $12,714,000, and the total floating indebtedness of all counties is $779,000, and the total bonded debt of Georgia towns and cities is $:H,~)-!0,000 and the total floating debts of such towns and cities are $1,181,. 200. When these figures are consolidated, it will be seen that Georgia counties and cities have a total

FRIDAY, JuKE 30, 1922.

81

bonded indebtedness of $50,654,000, and a total floating indebtedness of $1,960,200, or a total debt of $5~,61-l-,~00 against a total bonded debt of th( State of $5,486,202.
In addition to the above, it is worth while to remember Hll(l cm1Rider that the aYerage rat( of the Georgia count~- (including local school tax) is 18.3 millR, agaiust a State rate of 5 mills; in other words, the State onl~T gets 21.1% of the amount of State and ('ounty taxes that the taxpayer pays to the Tax Collector each year. Next, let us take the case of the Georgia taxpayer who lives in a city, or in an incorporated town, however small; first, he must pay 5 mills to the State; next, 10 mills, on the average, for city taxes; next, 18.3 mills, on the average, fnr tlw county tax. So the taxpa~er liYing in a cit~ or town pays on the average 33.3 mills, of which only 5 mills, or 15% goes to the State of Georgia.
The figures above cited are taken from the Financial Chronicle of December, 1921. .Annexed to this address is Table C, showing by the details of these :figures, by counties and by cities.
They are presented for the purpose of showing to ~-ou and to the public how relatively small a part of the tax burden is really occasioned by State expenditures and ho\\ comparatiYel~r negligible a portion of our total.taxes is really paid for State pur-poses. The figures prove that we can never get a satisfactory distribution of the burden of taxation and a satisfactory system of taxation which will gi-n a correct and a proper distribution of the burden, until we apply the correct fundamental prin-

JoLRxAL oF THE SEXATE,
ciples to Count,\ alHl Cit.\ taxation, as well as to State taxation.
The Constitution of 1877, in establishing the present tax system of Georgia (Paragraph 1, Sec. 2, Art. 7), provided :
''All hxatinu ~hall be uniform upon the same classes of subjects, and ad valorem on all property subject to be taxed within the territorial limits of the authority levying the tax.''
It will be observed that no limit upon the tax rate \\"aS cont:;1ined in the Constitution. One of the greatest of American jurists has stated, with great terseness and truth: ''The power to tax is the power to destroy." The framers of our Constitution of 18Ti e\idently belieYed, so far as the government is conrenled, that the power to tax is the power to lin. In support of that doctrine, it can be cited that even up to the present day, the power to tax (except as to a few special taxes) is not limited, so far as the rate or amount of the tax to be levied is concerned, in any of the forty-eight states of the Republic or in the United States Government itself, or in the government of any civilized country on earth, except in Georgia.
The doctrine that the legislatiYe bod.; of the State is uot to be limited, generally speaking, in thl tax rate it may impose, stood unchallenged in Georgia, as well as in the rest of the world, up to the year ] 9m. It stood unchallenged in this State even when the Constitution of 1877 was adopted, at the close of the reconstruction era.
In 1902, Governor Terrell, in the contest for elec-

FRIDAY, JuNE 30, 1922.
tion as Governor, ach~ocated an amendment of the Constitution of the State, imposing a limit of five mills upon ad yalorem taxes. After his election in 1902, the General Assembly, at its 1903 session, submitted such an amendment to the electorate of the State and the same was ratified by it at the general election of 1904 .
It is not my purpose, in calling attention to these historical facts, to challenge the wisdom of the decision the people then made. It is a departure in the science of government, and while the State stands practically alone in making it, I am not prepared to declare that the decision was an unwise one, and I do not seek to re-open the question. It is necessary, ho,vever, to keep the historical facts in mind in order to understand the reasons for the present situation and to intelligently consider proposed remedies.
Prior to the adpotion of the amendment of 1904, the tax nte on pro]wrt.\~ was fixed under the law by the Governor and the Comptroller-General, after the Legislature had made its appropriations and after the digests were made up in the several counties, at whatever figure was necessary in order to meet the appropriations and to discharge the obligations of the State. Consequently under this system there could be no treasury deficit. It was merely a matter of mathematics. The Legislature and the Governor were responsible for the rate, whether high or low, because of their action in passing and approving appropriation measures. The system established direct responsibility and strict accountability to the people, and if the Legislature

8-1-

.J otRxAL Or THE SEX.\TE,

or the Governor spent too much money or spent it for purposes of which the people did not approve, the remedy was in the hands of the people themselves.
After the adoption of the amendment of 190-t hm\ever, the situation complete}~- changed. The Constitutional limit of taxation, 5 mills, was soon reached and a great tendency developed among members of the General Assembly to make liberal appropriations, since the tax rate could not exceed 5 mills, in an~r event, and the General Assembly could not be charged with increasing taxes. In such a situation, how easy and pleasant it was for members of the General Assembly to vote for appropriations urged with so much eloquence and zeal and persistence, year after year, by beneficiaries who urgent1~- pressed their claims, particularly so when in most cases where the objects for which the appropriation \\ere sought were just and meritorious!
The inevitable result of such a system was that appropriations should gradually exceed the revenue. On January 1, J913, according to the table presented b~- Governor Dorsey in his message of last year (page 4) the "Deficit or amount not on hand to complete payment of 'Undrawn Balances,' amounted to $979,277.48."
It then became apparent that something must be done to secure more revenue for the State, in order to meet its increasing needs, to pay its growing appropriations.
In such a situation, two plans and only two plans \';ere feasible. One was to devise other ancl atldi-

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85

tional methods of taxation, to force classes of property then notoriously escaping taxation. to bear their just proportion of the tax burden; the other wa~ to provide additional machiilen b.' which the property then on the digest could lw raisetl in value, so that, while the tax rate remained unaltered, the increased valuation would produce greater revenues for the State to pay increasing appropriations.
The latter plan was followed by the Legislature in 1913, and the result was our present so-called Tax Equalization or Tax Assessment law, whichever you choose to term it.
I have always thought that the former plan should han~ been followed. I thought so then, and made the first public attack on the Equalization Law. I think so yet, strongly and unalterably. I contend that if additional revenue was a necessity, as it appeared to be, that such additional revenue should have been raised from classes of property then wholly or practically untaxed, instead of simply inereasing the burden of the holders of visible and tangible property, b~- forcing up the values on their propert~-, antl forcing tlwm to hear practically all of the burden of taxation.
I still maintain that position, and maintain it as strongly and earnestly as possible.
Never in my life, however, have I advocated the destruction of one piece of necessary go,enlmental machinery, unless and until I was prepared to submit a plan to provide another and more efficient or equally efficient piece of machinery in place of it.
. Charged with solemn responsibility, in this crisis,

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of our affairs, I am not now prepared to advocate the destruction of our present tax machinery, without proposing a reasonable and efficient suhstitutP for it. That, however, I am prepared to do.
For your part, Gentlemen of the General Assemhl~, charged as you are with the primary responsibility in this matter, you cannot afford, as men of honor, true to your oaths of office, faithful to the trust imposed in you by the people, to throw away our present tax machinery, unless and until you are prepared to adopt a reasonable and efficient substitute therefor. I hope that you are so prepared, that you may be able to agree upon such a substitute for our present tax system; but unless you are and until you are, you cannot afford to destroy the present assessment systems, in the present critical condition of the State's finances and in the present distressing financial condition of the people themsel~res. If you destroy it without providing an adequate substitute for it, or if you destroy it, and simply return, in times like these, to the old system of voluntary tax retums, without providing machinPl',\' for collecting <ill <Hlequate amount of reYeime from corporations, individuals and classes of property now practically untaxed by the State, you will lock the wheels of Government in this State. If you permit eve1y corporation and individual in this State, in times like these, to pay just as much and only just as much as he or it elects to pay, then the State cannot operate, it cannot meet its obligations already assumed, it cannot pay its appropriations already made, it cann<!t educate its children, it can-

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not open and maintain its schools, it cannot give even a meager support to its higher institutions of learning. In short, it simply cannot function, and must and will be set back more than fifty years.
These consequences are so unavoidable, so inescapable and so terrible to contemplate, that I cannot believe that the General Assembly of Georgia could possibly contemplate such a procedure. Even if incspousible persons, up01t whom, fortunately, responsibility in this matter does not rest, suggest the repeal of the tax laws and oppose every substitute therefor that is suggested and offer none themselves, surely there can be no serious excuse for the chosen representativs of the people of Geofgia to entertain so demagogical a proposition. It is easy for self-seeking politicians to oppose all taxes, since all taxes are more or less unpopular, and to advocate all appropriations, since all appropri~tions are more or less popular, but the General Assembl_,. of this State can neYer serious!~ cont('mplate sueh a program. The common sense of the people of Georgia may be relied upon to deal effectively with those of its pub- lie men who take such an absurd position.
I now wish to present to you what I think is a reasonable and efficient substitute for our present system, and what I recommend to you as such. Let me repeat to you, as I said last year: ''I realize that a sudden change of system at a moment like the present, when business is so heavily burdened, might prove disastrous; but it must be recalled that the proposal I make cannot be put in effect unless

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.JoruxAL OF THE SE.~ATE,

the people of the State amend the Constitution of Georgia, and that the proposition to do so cannot be submitted to them prior to the general election of 1922, and consequently the Legislature could not put a new system in operation, in all probability, hefor(' the calendar ~'ear of Hl:z-t.. By that time, even the pessimist may reasonably expect a return to normal conditions.''
In the next place, let me sa~' that at the present moment, and especially in the present hard times, I am not so much concerned about raising more revenue as I am concerned to secure a just and equal distribution of the present burdens of taxation. In hard times, like these, by rigid economy and by drastic retrenchment, tlw General Assembly can, as you demonstrated last year, make the absolutely necessary appropriations within the revenues as at present provided. But when average times and normal prosperity return, the present revenue system is inadequate to produce sufficient revenue, unless we are prepared to starve our schools and to permanently deny to the Confederate Veterans pensions that the people of this State, at the ballot box, have already given us authority to make as soon as the finances of this State will permit. The old system has broken down, unless we are prepared to take backward steps in almost every direction in the administration of our State government, and in providing for those institutions and objects which have been the subjects of our care and attention in the past and at the present time.
The great fundamental trouble, outside of its in-

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adequacy, about our present tax s~'ste>m as applied to State, Count~r and City Taxes alike, is that there is neither justice nor fairness in the manner in which the burden is distributed. It bears hardest, and especially in times like these, upon the shoulders that are weakest, and lightest upon the shoulders that are strongest.
"Gnder the Act of August 20, 1918, the last Special Tax Commission for Georgia was organized. It began its labors in September, 1918, and ended them in June, 1919. It was composed of many able and upright men; it made a careful and exhaustive investigation into tax matters, and made an able and comprehensive report. I agree with many but not all of its conclusions. I take pleasure in saying to you, for the second time within the year, that its report is a most valuable one, and one well worthy of the most serious consideration. Its report condenms our present tax system and it denounces it,
for thre<' r<':lf'Oll:-\:
1st. Because it does not bring to the digest a reasonable part of the actual value of property of the State.
2nd. Because the pl'operty returns are not equitably apportioned between the various classes
of property.
3rd. Because it does not provide adequate support and proper maintenance, on a reasonable basis for the St!ittes various departments and activities.
In .elaboration of this view, let me submit the following, with particular reference to the second and,

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JoeRxAL Ol'' THE SEXATE,

in my opinion, the most vital of the objections urged by the Commission:
In 1920, according to the reports of the Comptroller-General, real estate (including city property) was assessed for taxation at a valuation of $714,151,382, while money and solvent debts were valued at only $81,500,073, merchandise at $77,515,231, stocks and bonds at $4,807,964. According to that same report, hous(>hold and kitchen furniture, practically all of it except that of the very rich being without any real cash value, paid taxes on a valuation of $41,435,377, as against a $4,807,964 valuation of stocks and bonds. Horses, mules and cattle in this State were assessed at $63,427,932, against a little over $4,800,000 for stocks and bonds.
Plantation and mechanical tools, implements with
which the poor and lowly make their daily bread, were valued at $15,480,349, or more than three times as much as all of the stocks and bonds of this State.
Again, under our present delightful tax system, while the value of all property was increasing from $261,000,000 (round figures) in 1875, to $1,347,000,000 in 1920, about 416 per cent, the taxable value of money, notes, accounts and solvent debts only increased in the same period from $37,000,000 to $81,000,000, or about 119 per cent; in other words, money, notes, accounts and solvent debts increased for taxation purposes only one-third of the general increase of all property in the State.
Let me quote you, next, from the report of our State Tax Commission of 1919:
''Again, we are unable to form any well grounded

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conclusion as to the value of money, notes and ac:. counts, bonds and taxable stocks of the State. It appears, however, that there was $322,000.00 on deposit in the banks of the State in September, 1918, according to the Bankers ' Encyclopedia. We know from the tax digest that there was returned last year, in round numbers, in money, notes, mortgages, accounts, bonds and taxable stocks, $65,000,000. This condition would be ludicrous if it was not absolutely distressing to all fair-minded citizens.''
Again: ''Money, notes, accounts and solvent debts" were returned for taxation for the year 1920 at $81,500,073.
The report of our State Bank Examiner as of date December 2, 1921, showed at that time on deposit in the State Banks of Georgia alone $261,653,393.00.
As a rule, in this State the deposits in our National Banks located in Georgia amount to a little more than half of those in our State banks, so that in 1920 the deposits in all our banks was approximately $400,000,000. when it is recalled that the item of $81,500,000 covered the returns not only on money, but on notes, accounts and solvent debts, and that according to the best estimates that are obtainable, the aggregate of these notes, accounts and .debts is greater than the amount of money on hand, it is perfectly evident that not ten per cent of the actual money on hand in the State was returned for taxation in the year 1920.
But why multiply instances of these glaring injustices and inequalities 1 It could be done almost indefinitely, but I shall not tax your patience with

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.J oc RX AL OF THE SEN ATE,

further detail. Yes, there is just one more I shall cite, because it is particularly significant. In the face of the deflation in values that is now upon us, property returns, on the whole, shrunk seven per cent in Georgia between 1920 and 1921, and yet in this same period money, notes and accounts shrunk from $81,500,000 in 1920, to $64,906,000 in 1921, or more than twenty per cent.
In the light of these facts, I submit a substantive, concrete proposal. I propose that the' State shall abandon the field of property taxation on the ad valorem basis, leaving that field to the exclusive possession of the local authorities, county and city, subject to such limitations as may be placed by law on the exercise of that power by them. In l~eu of the property tax: for State purposes and as a substitute for it, I propose a graduated income tax:, and I urge the General Assembly to submit to the people in the election this Fall a constitutional amendment to that effect.
If the people should authorize such a change in our taxing system, then the tax machinery of the Federal Govermuent eould lw lmgel~ utilized, if uot entirely utilized, for State purposes. Thus we wouhl effert a sa,ing of the expense involved in the creation and maintenance of an extensive and expensive tax machinery of our own and would avoid the necessity for burdening the taxpayer with a double set of returns, one to the Federal and another to the State government.
For the fiscal year ending June 30, 1919, the Federal government collected from Georgia, in income

FRIDAY, JUNE 30, 1922.
tax, $25,062,149.50. For the :fiscal year ending June 30, 1920, $33,731,768.04. For the :fiscal year ending June 30, 1921, $32,000,000.00. This average for these three years is slightly in excess of $30,000,000.00 per annum, and when it is recalled that the greatest amount of revenue that we can hope to obtain for the present year from all ad valorem taxes, including property on the digest and public corporation taxes, will be only about $5,500,000, it is perfectly apparent that a very reasonable percentage of the tax now collected by the Federal Gon'ntnlC'nt in Georgin \Youlcl produce reYCilUl' equal to the amount produced by our present system, and with a very slight increase of that percentage, we will be enabled to raise sufficient revenue to supply all the necessities of the State.
I repeat my recorru;p.endation to you of last year in faYor of an income tax. It should be a tax on net incomes, in the same sense that such a tax is levied and collected by the Federal Government. It should not contain a tax on the gross output of manufacturing and industrial concerns. Georgia needs too mue:h de,elopm!:'nt along this line to permit of. such a drastic tax; besides, such a tax is inherently unjust all<l ullfair. l-ncler a prorwr income tax, we could gi.ve adequate support to our common schools, and continue with even greater success our present campaign for the eradication of illiteracy in Georgia. We could give to our Confederate pensioners and to our great institutions of learning, to our great humanitarian and charitable institutions, to our common schools, and to other departments of

94

. Jot:RNAL o.F THE SEKATE,

the State goyernment that adequate and just support to which they are entitled, after the principles of real economy and scrupulous honesty are applied to their operation.
If the people will make the change I have suggested, it will secure many advantages. Le"t me endeavor to enumerate some of them :

1st. We will be able to do away with our present tax assessment system.

2nd. We will be able to collect our revenue quarterlr and in that way to pay as we go and to meet our appropriations as they come due.

3rd. In that way it will put upon the intangible and invisible property of this State that fair and just proportion of the burden of the government which it ought to bear and which it now almost wholly escapes. If the question be raised as to how au income tax will do more towards forcing intangible and invisible property to bear some proportion of the burdens of the State Government than our present system of taxation, then the reply is three-fold:

a. We will eventually be able to utilize the tremendous machinery of the Federal Government, with its thousands of inspectors and agents who are constantly examining into tax matters and forcing th~ return on a great percentage of all incomes.,
b. The question of value is one of opinion, and one about which there may be honest differences of opinion. The question of income is one of fact,

FRIDAY, JuNE 30, 1922.

95

about which there can be no honest difference of opinion. It is only necessary to ascertain the facts.
c. Tlw income tax law applies onl~T to the income on such intangible and invisible property, and not to its principal value.
This is the principle that has induced many of our leading States to adopt the income tax plan of reaching this property, rather than rely upon clumsy and impractical machinery under an ad valorem system. Since most of the larger States have adopted the income tax plan of reaching these classes of property, it is a safe plan for Georgia to follo,v, since we do not wish to tighten credits in this State or to drive this class of property, that can easily be removed, into other States. Besides, it must be remembered that whatever amount of in,. come tax is paid b~ the corporation or individual to the State ~n be deducted from his or its income tax return to the Federal Government.
4th. It will distribute the burden more equally and more equitably, and will place it upon the shoulders of those who are strongest and best able to pear it. Agriculture is practically prostrate in this State. For two years a vast number of our people who follow this means of livelihood have made nothing and have sustained frightful losses. For the second year now they have been practically unable to pay their taxes. Tens of thousands of tax fi fas against farmers have been taken up by relatives, friends or creditors, and are awaiting payment if that ever becomes possible. Thousands of

.Jm:RN"AL OF THE SENATE,
farms have been legally advertised and other thousands sold for taxes in Georgia. The same thing is true as to homes held by the masses of people, in cities, towns and villages. These people are Putitled to sonw relief, to sonw lt>ssening, if possible, of the burdens of taxation upon them. So long a:-; agrieulture languishes, enr: other imlustry and busiuess in thP State> lnuguishes. \Ylwu it rp,in's, tnn othe1 husi1wHs and eYer: otlwr industry will reYin ,\ith it:
The State Tax Commissioner informs mt that the property returns this year will fall to practically $1,000,000,000, and this reduction is from the highwater mark of 1920, when the property returns were $1,346,882,000. Of the $1,000,000,000 tax values in Ge9rgia for the present year, _substantially $600,000,000 represents land and real estate. When to this great class of property is added every other class of tangible and visible property, the demonstration is complete that more than 90 per cent of the burdens of State taxation are borne and carried by the holders and owners of tangible and Yisible property. These men cannot bear the burden any longer, and are entitled to relief. If you will adopt the ;Jroposition I present to :ou, and the people shall ratify it, every single one of them will get relief from the whole of the five mills of State tax, and while this by no means is the larger part of the burdens of taxation which the.'" must carry, for they will still be left to be.ar the expense of county and city governments, it is some relief and is most necessary and important in the present crisis.

J'RIDA1, JFSE 30, 1922.

91

For the above reasons, and for other reasons fully elaborated in my message to you last summer, I reiterate the recommendation I then made to you, which is that we substitute a State income tax for our present system of ad valor.em taxation for State purposes.
As I stated in the outset of my discussion of this subject, I have no pride of opinion about this matter, and merely give you my views upon it because of the duty i1uposed upon me by law to do so, because of my honest, earnest and unshakable convictions upon the subject.
Since, however, the subject is acute and every possible angle of it ought to be considered, it is my duty to call to your attention certain alternative proposals on this question that are entitled to serious consideration at your hands.
In the first place, I deem it my duty to invite your attention to the report and 1;ecommendation of the Tax Commission of 1919. Th~t body as a substitute for Paragraph 1, Section 2, Article 7 of the Constitution of 1877, recommended the following:
''All taxes shall be levied and collected under general laws and for public purposes only. The General Assembly shall have the power to classify property for taxation and to adopt different rates and methods for different classes of property and to segregate different cases of property for State and local taxation. But all taxation shall be uniform upon the same classes of subjects within the territorial limits of the authority levying the tax. Taxes may be levied ad valorem upon any given class of
Sig. 4--Senate

98

JouRNAL oF THE SENATE,

property without regard to the method used in levying taxes on any other class of property. Taxes may be imposed upon incomes, inheritances, privileges and occupations, which classes of taxes may be graduated, and w:Qen levied may contain provisions for reasonable exemptions.''
Another proposal which deserves serious consideration at your hands is as follows:
Substitute for Paragraph 1, Section 2, Article 7 of the Constitution of 1877 the following language:
''All taxes shall be uniform upon the same classes of subjects, and when ad valorem, assessed on all property within the territorial limits of the authority levying the tax, and shall be levied and collect-. ed under general laws, and for the purposes only, authorized by this Constitution. The General Assembly may impose taxes not to exceed 6 per centum upon incomes, also tax upon inheritances, privileges and occupations, all of which taxes may be graduated and the laws under which they are levied may contain provisions for reasonable exemptions. The General Assembly shall exempt all property, real and personal, except that of public service corporations, from ad valorem taxes for State purposes in each year in which the reYenues from other sourcps are sufficient to meet the legal obligations of the State maturing during the year and to pay the appropriations made by the General Assembly for that year. In the event, however, such revenues are insufficient for thos(' pnrposeH, then an ad valorem tax not to exceed 2 1-2 mills upon each dollar of the value of all property, real and personal, :q1ay be levied.''

J:i"'RIDAY, JUNE 30, 1922.
In support of this proposition many strong arguments can be advanced. It has many merits, many checks and counter-checks. In the first place, it guarantees some affirmative relief by remitting at least 50 per cent of the amount of State taxes now paid on the ad valorem basis by property holders of this State. In addition to that, if the times are normally prosperous, it means, in all probability, there will be no necessity for levying a State property ta..'\: in Georgia, provided the Legislature is reasonably economical in its appropriations. In the Hext place, by the imposition of a limit upon the income tax rate, it guarantees the corporation and individuals who will pay the income tax against excessive burden; and in the next place, it gives to the Legislature strong reasons for economy in its expenditures, because otherwise the collection of a general property tax. will be necessary throughout the State, and that would be quite likely to prove unpopular. Then, again, it leaves the great masses of the citizens and taxpayers of Georgia in a position where they are the guardians of economical appropriations and expenditures. If the appropriatiom; are too larg-P to lw met b~ the limited income tax, they must foot the bill. It is onl~ fair to mention that under a s~Rtem ver~ much likP this, no State property tax has been levied for two years past in the State of North Carolina.
In presenting to you not only my own views on this great question, but the various views and.plans that have been suggested and considered, I feel that I am 011l~ <liRchar~6ug m~ Constitutional dut~- to you

lUO

JocRXAL OF THE SExATE,

and to the public. Taxation is the most complex and complicated of all questions that legislative bodies are called upon to consider, and I know that at your hands it will have the thoughtful and careful consideration that is imperatively demanded. If the present taxing system of Georgia is to be abolished, then it is your duty to provide an efficient and adequate substitute therefor, and one that will distribute the burden of taxation justly and equitably among all citizens and among all classes of property.
If we are to educate our children, improve our highways, maintain our charitable and humanitarian institutions, and sustain the proud position of Georgia as the Empire State of the South, the wealth of the State must foot the bill, and not its poverty. The taxing system of the State should be revised with wisdom and with justice to all persons and to all classes of property.
Respectfully submitted,
THOMAS W. HARDWICK,
Governor.

FRIDAY, JuNE 30, 1922.

101

TABLE A.

Undrawn appropriations of 1921

brought forward to 1922, unpaid__$4,261,446.54

Last quarter of 1921 Civil Establish-

ment

109,825.00

Total ----------------------------$4,371,271.54 By amount paid on same to
June lOth -------------$4,197,705.73 By amount paid on Civil
Establishment for la:st quarter of 1921 ________ 109,825.00
-----*4,307,530.73
Total 1921 appropriations unpaid on June 10 ___________________ .:. ____$ 63,740.81
Appropriations for 1922______________ 9,438,845.15 Less 1922 appropriations paid by war-
rants to June 10, 1922_____________ * 2,469,650.86

Total unpaid 1922 appropriations June 10, 1922 ------------------$6,969,194.29
Paid on 1921 appropriations --------- 4,197,705.73 Paid of Civil Establishment 4th quarter
of 1921 -------------------------- 109,825.00 Paid on 1922 appropriations -------- 2,469,650.86

Total ----------------------------$6,777,181.59 Amount of 1921 appropriations yet un-
paid as above --------------------- 63,740.81

102

JorRXAL OF THE SEXATE,

Amount of 1922 appropriations yet unpaid, as above ------------------ u 6,969,194.29

Aggregate unpaid June 10, 1922____$7,032,935.10

*Summary of disbursements by warrants since January 1, 1922, exclusive of Highway funds and refunds of W. & A. rental warrants.
uNote-The amount of unpaid 192_2 appropriations does not include Temporary Loan of $500.000.00 and interest of $13,472.00, due September 9, 1922, borrowed on February 27, 1922, and used to pay 1921 school appropriation. This is an obligation to become due and not an appropriation.
Schedule of 1922 appropriations and estimates a t t a c h e d ..

APPROPRIATIONS AND ESTIMATES 1922.

B~ Academy for Blind ---------------$ 36,000.00

" Aricultural Schools -------------- 180,000.00

'' Albany Normal School (for Colored) 15,000.00

" Binding Journals ----------------

550.00

" Board of Health ----------------- 91,431.00 " Board of Public Welfare _________ 15,000.00

" Bowdon StateN. and I. College____ 15,000.00

" Civil Establishment ------------- 439,300.00

'' Coastal Plains Experiment Station 22,500.00

'' College for Colored -------------- 10,000.00

" Contingent Fund ---------------- 25,000.00 '' Contingent Fund Commerce and

Labor ------------------------ 1,800.00

FRIDAY, Ju.xE 30, 1922.

103

'' Contingent ]1und Railroad Commis-
sion -------------------------" Contingent Fund, Supreme Court__ '' Contingent Fund, Court of Appeals '' Department of Agriculture:
(a) Maintenance --------------(b) Pure Food ---------------(c) Chemicals ----------------(d) Contagious Diseases _______ _ (e) Hog Cholera Serum _______ _ (f) Inspectors' Salary, etc. ____ E
(g) Tick Eradication ---------(h) Veterinarian Expenses ____ E " Department of Archives and His-
tory-------------------------" Dept. of Commerce and Labor,
Salaries ---------------------'' Depa:rtment of Public Printing,
Salaries ---------------------" Experiment Station -------------'' Furniture and Replacement (H. &
S.) --------------------------
" Game Protection Fund, Salary___ _
" Geological Fund ----------------'' Georgia Normal and Industrial
College ----------------------" Horticultural Fund -------------'' Incidental Expense General As-
sembly ----------------------" Indexing House and Senate Jour-
nal --------------------------" Indian Spring Fund -------------

3,000.00 3,000.00 3,000.00 .
18,000.00 10,000.00 15,500.00
5,000.00 10,000.00 29,999.13 25,000.00 1,618.00
6,000.00
8,100.00
3,000.00 8,000.00
700.00 3,600.00 15,000.00
102,500.00 63,000.00
250.00
250.00 105.00

10+

JorRXAL oF THE SE~ATE,

'' Inspection of Fertilizers ________E 41,941.03

'' Inspection of OilsSalaries ____$5,100.50

Expenses __ . 1,000.50

6,101.00

" Insurance Public Building, etc.___ _ 105,000.00

'' Insurance Department Fund ___ _ 9,200.00

'' Land Script Fund Interest_ ______ _ 6,314.14

" Legislative Committees ---------- 7,500.00 " Legislative Pay Roll ___________ E 117,174.56

" Library Commission ------------
" Library Fund ------------------" Library Fund Reference Bureau__

6,000.00 4,250.00 1,400.00

" Library Fund Court of Appeals __ 1,000.00

" Market Bureau ------------------ 103,000.00 " Military Fund ------------------- 25,000.00 " ~orth Georgia A. & M. College ___ _ 27,000.00

" Overpayment Taxes Rcfunded ___E . 8,448.54

" Pension Fund ____ ------- __ 1,250,000.00

" Printing Fund------------------- 40,000.00

'' Printing ]'und, Railroad Commis-

sion -------------------------- 2,000.00 " Prison Fund -------------------- 107,500.00
" Public Buildings and Grounds ___ _ 35,000.00

" Publishing Georgia Reports _____ _ 10,000.00

" Public Debt:

(a) Interest ________$226,030.00

Interest at 43,4 per cent ______ 4,108.75- 230,138.75

(b) Sinking Fund --------------- 100,000.00 (c) Refunding Bonds ------------ 207,000.00

" Rate Expert Fund --------------- 4,000.00

FRIDAY, JuxE 30, 1922.

105

" Reward Fund _____ ______________ 3,000.00

" Roster Fund -------------------- 3,600.00 " School for the Deaf _____________ 70,000.00

" School Fund -------------------- 4,250,000.00 " School for Mental Defectives _____ 25,000.00 " School of Technology ____________ 112,500.00 " Soldiers' Home__________________ 45,000.00

" Solicitors Generals' Fees _______E 9,825.00

'' South Georgia A. & M. College, Val. ____ ______ _________ _______ 31,500.00

'' Special Appropriation, Legislative Comm. ______________________ _

7,500.00

" State Medical College ___________ _ 49,500.00

" State Normal School ______ . _____ _ 63,000.00 " State Sanitarium ________________ 800,000.00

" State University, Support Fund__ 93,000.00

" State University, for Agri. College 117,250.00

'' State University, for Summer

School -----------------------" Summer School Colored Teachers__

6,000.00 2,500.00

" Training School for Boys________ _ 27,000.00

'' Training School for Girls ________ _ 31,500.00

" Tuberculosis Sanitarium --------- 50,000.00

$9,438,845.15

106

JOURNAL OF THE SENATE,

TABLE B. As OF DATE JuNE 10, 1922.
Estimated revenue from all sources except ad valorem taxes :

Railroad and other public service cor-
porations -------------------------$ 828,508.16 Rental of State's property located at
Chattanooga, Tenn. --------------- 8,340.00 Income tax from railroads ___________ _ 2,Q44.00 Insurance tax and insurance fees _____ _ 700,000.00 Inheritance tax --------------------- 330,000.00 Interest from depositories ------------ 15,000.00 Fertilizer fees----------------------- 200,000.00 Pure food fees ---------------------- 30,000.00 Oil fees------------------'"-------. __ 400,000.00 Oil fees due from United States Court 275,597.00 Game protection fees _______________ _ 5,000.00
Office fees -------------------------- 8,000.00 Fuel oil tax -----------------------. _ 800,000.00 Occupation tax --------------------- 250,000.00 Carbonic Acid Gas _________________ _ 20,000.00 All other special or occupation taxes __ 550,000.00
Sale of Acts, Codes and Court of App.
Reports -------------------------- 5,000.00 Poll tax ---------------------------- 392,000.00 Professional tax ___________________ _ 62,700.00 Taxes collected not on digest _______ _ 100,000.00 Miscellaneous (back taxes, etc.) ______ _ 50,000.00

Total _____________ --------- ______ $5,03~,189.16

FRIDAY, JuNE 30, 1922.

107

Revenue collected, see list attached____ 1,248,049.03

Balance _____ ----------- __________$3,784,140.13 1921 ad valorem taxes uncollected June
10, 1922 -------------------------- 572,594.51 1919, 1920 and 1921 railroad taxes un-
collected June lOth ---------------- 66,268.53

Total ----------------------------$ 638,863.04

This estimate of revenue due and revenue collected does not contain and receipts from Motor Vehicle Fees, Rental of W. & A. Railroad or borrowed money.

1922 TAXES COLLECTED IN 1922 THROUGH JUNE 10, 1922.

To Abstract Companies Tax ---------$ '' Adding Machine Companies _____ _
" Advertising Agents -------------" ~Aenn. c1e s ------------------------ . " Auto Accessories ---------------" Artists ------------------------. '' Athletic Clubs ------------------'' Auctioneers --------------------" Automobile Agents -------------" Auto Assembling Plants ---------" Awning and Tent Makers -------'' Adjustment Bureaus ------------- " Back Taxes --------------------" Bill Distributors ----------------" Barbers' Shops -----------------" Barbers' Supplies ---------------

45.00 1,080.00
792.00 1,597.50 3,150.00
414.00 90.00
810.00 14,377.05
270.00 135.00 45.00 12,953.77 22.50 8,325.63 180.00

108

J(H"RXAL OF THE SKXATE,

" Beauty Parlors ________________ _ " Bee License Tax _______________ _

216.00 375.00

" Bicycles ------------------------" Billards and Pool _______________ _
" Bill Posters ___________ __: ________ _
" Book Agents ______________ . ____ _

513.00 18,630.00
54:0.90 4.50

" Bond Makers -------------------" Bottlers -----------------------" Brokers (S. & B.) _______________ _
" Cafes and Restaurants _________ _ " Carbonic Acid Gas _____________ _ " Cars for Hire __________________ _ " Cash Registers _________________ _ " Cemetery Agents _______________ _ " Cigar Dealers (W. & R.) _________ _ " Cigarette Dealers _______________ _
" Coal and Wood Dealers _________ _ " Cold Storage Tax _____________ _
" Construction Companies _________ _ " Contractors ____________________ _ " Cost on Fi Fas _________________ _ " Detective Agents _______________ _

180.00 405.00 3,150.00 1,552.50 5,704.92 2,394.00 540.00 198.00 1,777.50 68,672.30 2,322.00 8,370.00 :209.1-11,250.68
8.00 585.00

" Directory Tax ------------------" Dividends from Stocks __________ _

112.50 1,391.00

" Dry Cleaners --------------------
'' Electrical Contractors and Electricians _______________________ _

450.00 1-!4:.00

" Electric Shows -----------------" Electric Shows Supplies _________ _ " Employment Agencies ___________ _ " Fees from Fertilizers ___________ _ " Fees from Pure Food ___________ _ " Forest Reserve Fund ___________ _

3,205.64 1,350.00
495.00 159,000.00
14,000.00 6.10

FRIDAY, JuNE 30, 1922-

109

" Fuel Oil Tax -------------------" Games -------------------------" Game Protection Fees -----------" Garages -------------------------
'' !Iotels -------------------------" Ice Cream Dealers, wholesale _____ _
" Inheritance Tax ----------------" Insolvent General Tax ----------" Insolvent Poll Tax --------------" Insurance Agents ---------------" Insurance Fees -----------------" Insurance Tax by Companies _____ _
'' Implement and Machinery Mfrs.
and Agents ------------------" Interest from Depositories -------" Junk Dealers -------------------" Land Title Registration Fees____ _
" Laundries ---------------------" Lease Indian Spring __:__________ _
" Lenders on Wages --------------" Lighting Plants _____________ . __ _
'' Live Stock Dealers --------------" Loan Agents -------------------" Lumber Dealers ----------------" Manufacturers Soft Drinks ______ _
" Merchandise Brokers -----------" Money Refunded ---------------" Monument Dealers --------------" Motorcycle Dealers -------------" Musical De-alers ----------------" Occupation Tax (Capital) -------" Office Fees ---------------------

151,137.21 112.50
5,000.00 3,165.75 4,027.95
274.50 147,321.73 19,210.34
416.23 22,423.50 52,186.00 106,485.97
430.00 695.59 918.00 80.97 562.50 110.00 3,510.00 67.50 1,165.50 693.00 193.50 1,495.39 1,957.50 1,794.26 468.00 112.50 3,924.00 208,180.04 150.25

110

.JorRXAL OF THE SE~ATE,

" Oil Fees -----------------------" Oyster and Shrimp Packers ______ _
" Palmists -----------------------" Pawnbrokers -------------------. '' Peddlers ------------. ----------" Pensions Refunded -------------" Picture Frame Dealers ----------" Pistols and Cartridges ---------" Playing Card Dealers -----------" Patented Articles ---------------" Pumping Systems --------------" Railroad Xl'\\'S Comynmies ______ _
" Real Estate Agents -------------" Rental Public Property ---------" Safes and Vaults ---------------" Sale of Public Property ---------" Sale of Acts -------------------" Sale of Codes ------------------. " Sale of Court of Appeal Reports __ _ '' Sale of Supreme Court Reports___ _
" Sanitariums --------------------" Sewing Machine Agents _________ _ " Sewing Machine Companies _____ _
" Sho'v Tax ---------------------" Slot Machines ------------------" Soda Fount Tax -----------------
'' Stevedores ---------------------" Steamboat Companies ----------" Teachers' Agencies -------------" Traders -------------.----------" Trucks (G. & 0.) ---------------" Typewriter Agents --------------

26,426.02 315.00 810.00
5,490.00 4,590.00 83,782.03
9.00 7,600.50 2,079.00
22.50 90.00 1,:1:50.00 3,393.00 8,475.00 360.00 1,049.07 213.58 391.64 698.70 1,076.87 1,057.50 870.00 400.00 776.71 859.50 3,424.50 270.00 90.00 135.00 22.50 3,699.00 1,440.00

FmDAY. JuNE 30, 1922.
" Undertakers -------------------" Used Car Dealers -------------. _ '' VVarehouses --------------------" VVeighing Scales -----------------

111
3,460.50 270.00
2,380.50 367.20

Total receipts during January 1st-

..

June lOth, 1922______________$1,248,049.03

0

112

.T OCH);AL {)}o' THE SE); ATE,

TABLE ''C''.

TAX RATE OF CITIES 1921.

Abbeville ________ 20 Acworth _________120 Adel ____________ 25
Adairsville _______15
Adrian ---------- 70 Ailey ------------ 0 AAllbapanayha __-_-_-_-_-_-_-_-_-1990 Alma ____________170
Alto ------------- 3 Americus ________ 20 Apalachee _______ 3

Bibb City ________ 0 Bishop __________ 5 Blackshear ______ 20 Blakely __________15
Blue Ridge ______220
BBoosgtaornt -_-__-_-_-_-_-_-_-_-1570 BmYersville ______ 170
Bowman --------- 8 BBrraesmweenll -_-__-_-_-_-_-_-_-150 Brewton ____ . ____ 0

Arabi ----------- 6% Bristol ---------- 0 Arlington ________ 17}~ Bronwood _______10 Ashburn _________17 Brooklet _________ 5 Athens __________17 Broxton _________ 25

AAutlbaunrtna -_-_-_-_-_--_-_-_-_"_-153

Augusta _________190

Austell ---------~110

Avera --
~~berdeen

-

-_-_-__-_-_-_-_-

15

Alamo ___________ 12

Brunswick ______ 20 Buchanan -------- 0 Buena Vista _____ 21 Buford __________ 20
Bullochville ------ 20 Butler ----------- 0 Bvromville ______ 5

Arcade ---------- 5 AAvrgaylolen -_-__-_-_-_-_-_-_-_- 32 Baconton ________15 Bainbridge _______15
Baldwin --------- 5 Ball Ground ______ 5 Barnesville ______10 Bartow __________10 Ba.xley __________170
BBeelllmtoonnt--_-_-__-_-_-_-_-_- 36

BBjoTwrodnen---__-_-_-_-_-_-_-_-1033,4
Bridgeboro ______ 0 Box Springs _____ 0
Bostwick -------- 0
Brooks --------- 5 Brinson --------- 5 Cadwell _________ 14 Cairo ___________15 Calhoun ______ . __ 20 Camak __________ lQ Camilla __________15

Berlin ----------- 5 . Bethlehem _______ 20

CCaannotonn --_-_-__-_-_-_-_-_-_-112Yz

FRIDAY, JuNE 30, 1922.

113

Carlton __________ 8
Carrollton _______170 Cartersville ______18 Cave Springs ____ 9
CCeecdial r t-o-w- -n- -_-_-__-_-_-_- 157 0
Chalybeate Springs 5
Chauncey ________ 5
Chatsworth ______ 5
Chester ---------- 5 Chickamauga _____120 Chipley __________10.1 Clarkesville ______10 Claxton _________ 8 Clayton __________15 Climax __________10 Cobbtown ________ 5
Cochran ------- __160 Colbert __________ 3
Coleman --------- 5 Oollege Park _____ 20 Collins ___________ 8 Colquitt _________ 9 Columbus ________ 18
CCoommmerer-c-e---_-_-__-_-_-_-155
Concord --------- 70 CCoonoyleedrgse -_-_-_-_-_-_-_-_-11080 Cordele _________16.6 Cornelia _________170 Co-vington _______ 15%,
Crawfordville ____ n
Crossland --------10 Culloden --------- 4 Cusseta ---------- 4 Cuthbert ________220
Center ----------- 2 Clarkston -------- 3.7 DDaalltloasn -_-_-__-_-_-_-_-_-_-185 0

DDaawnvsiollne -__-_-_-_-_-_-_-_-185 Decatur _________15
Douglas --- ____180 Douglasville _____120 Dublin __________15 Dahlonega _______ 8.3 Eastman ________15 Eatonton ________15 Elberton ________150 Ellaville _________10
FEal liirjbauyr n- - -__- _-_-_-_-_-_- 209 Fayetteville ______ 5 Fitzgerald _______15.7 Forsyth _________ 9 Fort Gaines ______ 15 Fort Valley ______15
Franklin -------- 20 Gainesville _______170 Garfield _________ 5
GGeanyev-a---_-_-_-__-_-_-_-_-_- 50
Georgetown ______ 0 Gibson __________ 5
Gillsville ________ 2 Glennville _______ 15 Glenwood ________ 5
GGoorddforeny __-_-_-_-_-_-_-_-_-105
Grantville _______10
Grayson --------- 20 Greensboro ______15 Greenville _______10 Griffin __________180 Guysie __________ 0 Guyton __________10
Graham --------- 0 Gray ------------ 0 Graysville ------- 0 Hagran ---------- 20

11-!

JouRXAL oF THE SEKATE,

Hahira __________20_0
Hamilton ________ 5 Hampton ________ 8_0 Hapeville ________15 Haralson ________ 0 Harrison ________ 0 Hartwell ________ 20
Hawkinsville _____ 20 Hazlehurst ______17_0 Helena __________10_0
Higgstown _______ 0 Hillsboro ________ 0 Hiram _________ 0
Hogansville ______15 Homeland _______ 5 Homerville ______ 5 Hoschton ________12_0 Holly Springs ____ 2 Hickox __________ 0 Hilltonia ________ 0 Helen ___________ 8 Hoboken _________ 4 Ideal ____________11
Iron City ________10 Inman ___________ 0
Jackson ________ 16 Jasper __________ 3_0 Jefferson ________17 Jenkinsburg _____ 5 Jesup ___________15 Jonesborn _______10 .Junction City ____ 5 Jakin ___________ 5 Keysville ________ 5 Kingsland _______ 4 Kingston ________ 2_0 Kirkwood _______17.0 Kite ____________ 8 LaFayette _______12 Lawson __________ 3
LaGrange _______12_0

Lake Park ------- 5 Lavonia _________17.0
Lawrenceville ____19
LLeeeasrbyur-g---_-_-__-_-_-_-_- 150
LLeesnloiex -_-__-_-_-_-_-_-_-_-_- 55
Lexington _______ 0 Lilburn __________ 5 Lithia Springs ___ 3 Lithonia _________ 25
Locust Grove ____ 3% Logansville ______10 Louisville ________16 Lovejoy _________ 2 Lovett ___________ 5 Ludowici ________ 5 Lula ____________ 6
Lumber City _____12_0 Lumpkin ________ 22
Luthersville ______ 4 Lyerly __________ 4 Lyons ___________16)/z Lily _____________ 20
Linwood _________ 5 *Lincolnton ______ 15 ~aeon ___________ 15
~adison _________ 18 ~anchester ______ 10 ~ansfield ________ 15 ~apleton ________ 0 ~arietta ________14
~arshallville _____ 0 ~artin __________ 5)/z
~aysville ________ 15 *~eigs __________ 10 ~enlo ___________ 4
~errillville ______ 0 ~etcalf __________ 5 ~etter __________ 23 ~idville _________ 15

FRIDAY, JuNE 30, 1922.

115

*)iilan __________ 5 Ochlocknee _______ 0

Milledgeville _____120 Millen ___________10
}filner ----------- 70
Mineral Bluff ~--- 5

Odessadale ______ 5
Odum ----------- 70
*Oglethorpe ______21
Oliver ----------- 5

Mitchell --------- 20 Omega ---------- 5

Molena
~Ionroe

-_-__-_-_-_-_-_-_-_-

40
120

Oxford ---------- 0 Palmetto ________15

Montezuma ______15 Monticello _______ 6
Moreland ________ 5 *Morven ________ 8
Moultrie _________ 21

Parrott ---------- 8 Patterson ________ 0 Pavo ____________12 Pearson _________120 Pelham __________15

~fountville _______ 1 Mountain City ____ 5 )fount Airy ______10 *Mystic----~----- 5 ~MIiodddolcet-o-n---_-_-_-__-_-_- 00
1fauk ------------ 5 Morgan ---------- 0 ::\Iouut Vernon ___ 0 '~Milltown ________ 30

Pembroke _______10 Pepperton _______ 4 Perry ___________18
Pinehurst ________20 Pine Park _______ 7
Pineview ________ 5 Pitts ____________ 9 Plains ___________10
Plainville ________ 30
Pooler ___________ 5

~Iearisville _______ 5 ~Iontrose ________ 0
:Manassas ________ 5 McCaysville _____ 25

Poulan ---------- 80
Powder Springs __ 5 Primro~e ________ 6 Pendergrass _____ 20

)!cDonough ______10
:McRae ---------- 8 Nashville ________ 270 *Xaylor _________ 5 Newborn ________12

Preston --------- 70
Plainfield ________ 20 Quitman _________19
RReabyecCciaty__-_-_-_-_-_-_-_-150

Newnan _________120 Reidsville ________10

'~Nicholls ________ 20

Rentz ___________ 20

Xicholson ________ 1 Reynolds ________ 5

Norcross ________ 9
Normim Park ____ 70

Rhine ----------- 5 Richland _________20

NNuewneizng-to-n---_-__-_-_-_-_- 55 OOacki lfliaeld___-_-_-_-_-_-_-_-_- 252

Ringgold -------- 20 RRoocbheerltlae _-_-_-_-_-_-_-_-_-155 Rockmart ________120

116

JouRNAL OF THE SENATE,

Rocky Ford ______ 5 Rome ____________15 Rossville _________ 5
Roswell __________10.6 Royston _________170 Ranger __________ 10
Riverdale ________ 0 Rockledge _______10 Reno ____________ 0
Sale City ________ 10
Sandersville _____170 Sasser ___________ 5
Savannah ________16.6 Scott ____________ 5 . Screven __________ 5
~eno~a ___________ 130 Beville __________ 5
Shady Dale ______ 6 Sharon __________ 5
Sharpsburg ______ 5 Shellman ________15 Smithville _______ 5 Smyrna _________ 70
Social Circle _____16 Soperton ________10 Sparks __________20 Sparta __________12
*Stapleton ..: ______10 Springfield _______ 3 Statesboro _______19 Statham _________10
Stillmore ________12 Stockbridge ______ 8~1-t
Stone Mountain __14 St. Charles ______ 5 St. George _______ 5 *Summertown ____ 6 Summerville. _____ ]5 ij,'Sumner _________ 5
Sunny Side ______ 0 Suwanee _________ 4

Swainsboro ______ 10 Sylvania _________10
Sycamore -------- 70 Sylvester. ________ 18 Scotland _________14
Stonewall ________ 0
Sugar Valley _____ 5 Shingler _________ 3 Talbotton ________10 Tallapoosa _______14
Tullulah Falls ____ 4 Tarryto\vn _______ 20
Temple ----0---- 5
Tennille _________ 17)-'i Thomaston ______17 Thomasville _____ 14 Thomson _____ .:_ __15 Tifton ___________18 Tiger ____________ 5
Toccoa __________ 16.7
Toomsboro _______ 5 Trenton _________ 0
Turin ____________ 20
Tybee ___________10 *Ty-Ty _._________10
Tyrone __________ 3 Tennga __________ 0
Talking Rock ____ 4 Tignall __________ 8
Twin City ________ 20 Unadilla _________ 20 Union ~ty _______ 20
'~Union Point _____ 60 Uvalda __________ 3
Uptonville _______ 0 Valdosta _________16.7 Vidalia __________15 Vienna ___________16
Villa Rica _______ 70
Vanna ----------- Y2
*Vidette --------- 5

FRIDAY, JuNE 30, 1922.

117

VVVVaacdoley--_-__-_-_-_-_-_-_-_-170 ~

VVaresboro ------- 4 *Warrenton ______15

. VVarsaw --------- 3

VVarwick -VVashington

_-_-_-_-_-_-135

VVatkinsville _____ 5 VVaycross ________18

VVaynesboro _____ 6

VVest Point ______17~

Whigham -------- 8 VVhite Plains _____ 0

Whitesburg ------ 5 *VVillacoochee ____ 17~
VVinder ----------15 VVinokur -------- 0 VVoodbury ------- 7

Woodland ------- 3~ VVoodstock ------- 2~ VVorth ----------- 0
VVvrvernisgh-t-sv-i-l-le---__-_-_-108
VVoolsey --------- 0 weston ---------- 7~ Woodbine ------- 5 VVesley ---------- 2~ Waverly Hall ____ 2 Yatesville -------- 4 White ----------- 3~ Zebulon --------- 7~ Average rate 10.1 mills.
*Denotes tax rate levied in 19"20.

JlS

,J OrRXAL OF THE SEX ATE,

COUNTY

Bonded Debt

Appling ---------$ 40,000
Atkinson -------- 72,500
Bacon ----------- 100,000

Baker ----------- ------

Baldwin --------- ------

Banks ----------- ------
Barrow ---------- 250,000
Bartow --------- ------
Ben Hill--------- 42,500
Berrien --------- -----Bibb ------------ 1,440,000 Bleckley -------- 65,000 Brantley -------- ------
Brooks ---------- 125,000 Bryan ---------- ------
Bulloch --------- ------
Burke ---------- ------
Butts ----------- ------
Calhoun --------- -----Camden --------- -----Candler --------- ------
Campbell -------- ------

Carroll ---------- ------
Catoosa --------- ------
Charlton -------- 50,000
Chatham -------- 2,583,000
Chattahoochee --- -----Chattooga ------- 33,000 Clarke ---------- 510,000 Cherokee -------- ------

Total Tax State's

Floating Rate Proportion

Debt

Ofills) (Per Cent.J

$ 20,000 20 25

20,000 32% 15.5

150,000 30 16.6

------ 31 16..1 ------ 24~ 20.4 ------ 23 21.7
------ 23~ 21.2
------ 25 20
20,000 22~ 22.2

------ 22 22.7
------ 19 26.3 ------ 24~ 20.4
------ 16 31.2
------ 21 23.8
------ 24 20.8
------ 22 22.7
------ 16 31.2
------ 27 18.5
------ 40 12.5
------ 18%, 26.6
------ 35 14.3
------ 22~ 22.2 ------ 22~ 22.4 ------ 21~ 23.2 ------ 22.8 21.9 ------ 22~ 22.4
------ 20 25
25,000 23 21.7

------ 17

~D.4

------ 20 25

FRIDAY, .h:XE 30, 1922.

119

Bonded

COC
Clay

X_T_Y__

,________

D!'bt
------

Clayton --------- ------

Clinch----------- ------

Cobb ------------ ------

Coffee ----------- ------

Colquitt --------- 500,000

Columbia -------- ------

Cook ----------- 240,000

('oweta ---------- 500,000

Cra\vford -------- ------

Crisp ----------- 40,000

Dade_ ---------- 60,000

Dawson --------- ------

Decatur --------- ------

DeKalb --------- 500,000

Dodge ---------- 94,000

Dooly ----------- ------

Dougherty ------ 460,000

Douglas --------- ------

Early ----------- ------

Echols ---------- ------

Effingham ------- -------

Elbert -------- -- ------

Emanu Evans

e_l_,_-_-_-_-_-_-_-_-

-----------

Fannin --------- ------

Fayette --------- ------

Floyd ----------- 704,000

Forsyth --------- ------

Franklin -------- 30,000

Total Tax State's

Floating Rate Proportion

Debt

1:\Tills) ( P<>r Cent

------ 22~ 22.2

------ 210 23.2

------ 170 28.5

------ 220 22.2

------ 230 21.2

------ 22 22.7

------ 20

_);-)

------ 25 20

------ 220 22.2

------ 25 20 ------ :20 '-)u-

------ 19.3 25.9

------ 24 20.8

------ 25 20

------ 220 22:2

30,000 220 22.2

------ 23 21.7

------ 18 27.7

------ 27.8 18

------ 27 18.5

------ 27 18.5

------ 24 20.8

------ 19,0 25.5

------ 30 16.6

------ 37 13.8

------ 30 16.6

------ 250 19.5

------ 19 26.3

------ 260 18.8

------ 25 20

1~0

Jot:RXAL OF THE SEX ATE,

COUNTY

Bonded Debt

Fulton ---------- -----Gilmer ---------- -----Glascock --------- -----Glynn --------- 310,000 Gordon --------- -----Grady ---------- -----Greene ---------- ------
Gwinnett -------- -----Habersham ------ ------
Hall ------------ 60,000
Hancock -------- 44,000 Haralson -------- -----Harris ---------- 35,000
Hart ------------ ------
Heard ---------- ------
Henry ---------- ------
Houston -------- ------
Irwin ----------- -----Jackson --------- 100,000 Jasper ---------- ------
Jeff Davis ------- -----Jefferson -------- 50,000

Jenkins --------Jolmson --------Jones ----------Lamar ----------
Lanier ----------
Laurens --------Lee ------------Liberty ---------

--------------------------
500,000
80,000
------

Total Tax State's

Floating Rate Proportion

Debt

(Mills) (Per Cent)

------ 220 22.2

------ 170 28.5

------ 27 18.5

------ 23 21.7

------ 23 21.7

------ 27 18.5

------ 21 23.8

------ 220 22.2

------ 18 27.7

------ 220 22.2

------ 20 25

------ 18 27.7

------ 230 21.2

------ 25 20

------ 30 16.7

------ 30 lt1.7

------ 24 :20.R

------ 240 20.4

------ 20 25

------ 22

..)...'.)....,.

------ 26 19.2 100,000 20 r~;)

------ 280 17.5
------ 18 27.7
------ 24 20.8 ------ 20 25 ------ 200 24.4
15,000 22 22.7

------ 21 23.8 ------ 18 27."7

FRIDAY, JuNE 30, 1922.

121

CUC\"TY
Lincoln _________ _ Long ___________ _

Bonded Debt
30,000

Lo"ndes _______ _ Lumpkin _______ _ !lacon _________ _
Madison _______ _ Marion _________ _

100,000 76,000
190,000

McDuffie _______ _

~Icintosh ______ _
~Ieriwether _____ _ Miller __________ _

76,000

~Iilton _________ _

}Iitchell ________ _

Monroe ________ _

Montgomery ____ _

}!organ -------.--Murray ________ _
Muscogee ______ _ 1\ewton ________ _ Oconee _________ _

Oglethorpe ______ _ Paulding _______ _

Pickens ________ _ Pierce ___________ _ Pike ____________ _

45,000

Polk ___________ _ 200,000 Pulaski ________ _

Putnam ________ _ Quitman _______ _ Rabun _________ _

2,000

Total Tax State's

Floating Rate Proportion

Debt

C\Iills) (Per Cent)

------ 27 18.5 19 26.3
88,000 200 24.4 ------ 20 25 ------ 30 16.7
18 27.7

24 18 ------ 27 22

20.8 27.7 18.5 22.7

280 28
------ 25 20
------ 30 170 23 150 18 23 17 18

17.5 17.8 20 25 16.7 28.5 21.7 32.2 27.7 21.7 29.4 27.7

180 27 26 19.2 24 20.8 19 26.3 ------ 30 16.6 22 22.7 25.4 19.7 250 19.6

122

JOURNAL OF THE SEXATE,

COt:XTY

Bonded Debt

Total Tax State's

Floating Rate Proportion

Debt

(Mills) (Per Cent)

Randolph ------- ------ ------ 20 25

Richmond ------- 62,000 136,000 22% 22.2

Rockdale -------- ------ ------ 26 19.2

Schley ---------- ------ ------ 16 31.2

ScreYen --------- ------ ------ 40 12.5

Seminole ---------- ------ ------ 30 16.6

Spalding _____

406,000 ------ 23% 21.2

Stephens -------- ------ ------ 26 19.2

Stewart --------- ------ ------ 23 21.7

Sumter --------- 224,000 ------ 20 25

Talbot ---------- 46,000 ------ 22% 22.2

Taliaferro ------- ------ ------ 23 21.7

Tattnall ------- ------ ------ 22% 22.2

Taylor ---------- ------ ------ 20 25

Telfair ---------- ------ ------ 22 22.7

Terrell ---------- ------ ------ 25 20

Thomas ---------- 76,000 24;ooo 18 27.7

Tift ------------ 346,000 ------ 28 17.8

Toombs --------- ------ ------ 24 20.8

Towns ---------- ------ ------ 19 26.3

Treutlen -------- ------ ------ 35 14.3

Troup ----------- 615,000 50,000 230 21.2

Turner ---------- 70,000 ------ 24 20.8

Twiggs --------- ------ ------ 18
Union----------- ------ ------ 20 C_,);-)

Upson ----------- 150,000 ------ 17% 28.5

"\Valker --------- 400,000 ------ 18 27.7

"\Yalton --------- 200,000 ------ 20 25

"\Vare ----------- 500,000 ------ 23 21.7

\Varren --------- ------ ------ 25 20

+.

FRIDAY, JUNE 30, 1922.

123

COCNTY
\Yashington \Va~ne ---------\ebster _________
\Yheeler --------\Vhite ----------\Vhitfield -------\Vilcox ---------\Yilkes ---------Wilkerson ------\Vorth ----------

Bonded DE'bt
------
200,000
-----------
------
------
140,000 125,000
------
400,000

Total Tax State"s

Floating Rate Proportion

Debt

CHills) (Per Cent)

----------------
-----------
--------------------------

25 20 20 25 23.32 21.4. 40 12.5 19 26.3 20 25 27 18.5 19 26.3 30 16.7 33 115.1

$12,714,000 $779,000 3715.32 21.1

1:24

JouRNAL OF THE SENATE,

CITY

Debt Bonded

)ldel --------------------$ 57,500

)llbany ----------------- 447,000

Americus --------------- 289,000

)lshbum ---------------- 67,000

)lthens ----------------- 669,000

'")ltlanta ---------------- 14,400,000

)lugusta ---------------- 3,175,000

Bainbridge ------------- 172,000

Barnesville ------------- 130,500

Blackshear ------------- 56,000

Blakely ----------------- 80,000

Boston ----------------- 34,500

Bnmswick -------------- 242,000

Buford ----------------- 35,000

Oairo ------------------ 69,000

Calhoun ---------------- 53,000

Canton ----------------- 59,500

Carrollton -------------- 288,000

Cartersville ------------- 172,000

Cedartown -------------- 275,500

('allege Park ------------ 48,000

Columbus --------------- 1,628,000

Commerce -------------- 70,000

Cordele ----------------- 227,000

Covington -------------- 70,000

Dalton ------------------ 115,000

Dawson

114,000

Decatur ---------------- 182,000

Doerun ----------------- 34,000

Douglas ---------------- 120,000

J)pht Floating
46,000 55,000
7,000
200,000 11,000
127,000 1,000
12,000 17,400 3,100
12,000 19,921 :25,500 14,000
500 3,000

FRIDAY, JUNE 30, 1922.

CITY

Debt Bonded

Douglasville ------------ 48,000

Dublin ------------------ 382,000

East Lake -------------- 65,000

East Point -------------- 116,000

Eatonton ---------------- 65,000

Fitzgerald ___________ _

224,000

l<.,orsyth ---------------- 38,600

l<'ort Gaines -----------l<'ort Valley ____________ _

46,000 77,000

Gainesville ------------- 235,500 Grantville _____________ _ 500,000
Griffin __________________ _ 286,000

Hapeville --------------- 40,000 Hartwell _________ _____ _ 106,500

Hawkinsville ------------- 105,000 Hogansville ____________ _ 43,500

Jesup ------------------ 62,000 Kirkwood ---------------- 140,000

Lal<'ayette --------------- 59,000

LaGrange --------------- 915,000 Lawrenceville ___________ _ 51,100

Lithonia ---------------LouisYille _______________ _
:McDonough ____________ _

35,000 42,000 40,500

l\IcHae ----------------- 73,000

)lacon ------------------ 1,993,000 l\Iadison ---------------- 135,000

:.Manchester ------------- 85,000

:-.Iarietta --------------- 1.(:)5,000

).Iilledgeyille ------------ 172,000

1:25
Debt Floating
6,000
130,000 500
8,500
2,800
4,000 4,000 1,000 1,100 15,000 5,000
3,000
15,600
10,000

1:26

JOURNAL OF THE SENATE,

CITY

Debt Bonded

51,000

Monroe ----------------Montezuma ____________ _
Monticello _____________ _
Moultrie _______________ _
::\ashville ______________ _

130,000 31,000 47,000 143,000 47,000

Newnan ----------------- 204,000 Ocilla _________________ _ 56,000

Pelham ________________ _ 110,000

Quitman ---------------- 22,000

Rc~nolds --------------Rockmart _____________ _

50,000 50,000

Rome -------------------Ro~ston _______________ _
Sandersville ___________ _

500,000 70,000 75,000

Sanumah ______________ _ 3,524,000

Sparta ________________ _ 66,500

Statesboro ______________ _ 19:5,000

Swainsboro ___ :__ _________ _ 125,000

S~lnmia _______________ _

35,000

Sylvester ______________ _ 100,000

Tallapoosa ____________ _ 67,000

Tennille _______________ _ 53,000

Thomaston ____________ _ 96,000

Thomasville ___________ _ 285,000

Tifton ------------------ 123,000

Toccoa ----------------- 152,000

rnadilla ---------------- 49,000

Yaldosta ---------------- 4:71,000 Vidalia ________________ _ 129,000

Debt Floating
29,000
12,000 17,000
5,000 220,000
23,000 15,000
5,000

FRIDAY, JuNE 30, 1922.

CITY
Yienna -----------------VVashington ------------\Va~cross ______________ _
\Ya~nesboro ___________ _ \Vest Point ____________ _ VVinder ________________ _ \Yoodbury _____________ _

Debt Bonded
52,000 116,000 368,000
71,1500 77,500 116,000 35,000

127
Debt Floating
71,000 50,000

$37,940,000 $1,181,200
'''Atlanta's authorized bond issue of $8,900,000 included.

128

JOURNAL OF THE SENATE,

EXHIBIT D.

OFFICE STATE TAx Co:Ml\USSIONER
Atlanta, Georgia, June 14, 1!)~2.
Hou. Thomas \V. Hardwick, Governor,
State Capitol, Atlanta.
Dear Sir:
As requested by you on yesterday, I am furnishing ~rou an estimate of the revenues for the present year from ad valorem taxes.
During the earl~' part of the year I held tax Cilllferences throughout the State and from the information fumished me in these conferences b~ tax officials, there will be a reduction in the value of countn real estate of about ten per cent merage for tlw whole State. There will be practicall~ no reduction in cit~ property, while there will be i11 lin' stock and otlwr personal property a reduction of possibly twenty pel' cent. This will mean au an:ragl' loss of the total digest values of about ten per cent.
This will mean an aggregate returu from all of the counties of about One Billion Dollars, and the net revenues after expense of collection, will run about Four :Million, Six Hundred Thousand ($4,600,000) Dollan;;. The inheritance taxes for the yeat' will probably run about the same as last year, or, around Three Hundred and Twenty-five Thousand ($825,000) Dollars.

FRIDAY, JuNE 30, 1922.

129

These being the only two classes of ta~es which come immediately under the supervision of this office, I am not in position to make you an estimate of the probable revenues arising from the special taxes, fees, and taxes on fuel oils. The ComptrollerGeneral's office could furnish you an estimate of these revenues.
Very truly yours,
H. J. FULLBRIGHT,
State Tax Commissioner.
HJFjA

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

Mr. Ptesident:
The House has read and adopted the following resolution of the Senate, to-,vit:
Senate Resolution Xo. G6. A resolution requesting that the General Assembly adjourn to-day and stand adjourned until vVednesday, .July 5, 1922.
The following bill, favorably reported, was read the third time and taken up for consideration:

By Mr. Childs-
Senate Bill No. 29. A bill to establish Boards of Education under the County unit plan.
Jir. Childs asked unanimous consent that the bill be withdrawn from the -consideration of the Senate
Sig. 5-Senate

130

JouRNAL OF THE SENATE,

and referred to the Committee on Education, and the consent was granted.
The following bill, favorably reported, was read the third time and taken up for consideration:

By Mr. Haralson-
Senate Bill No. 106. A bill to amend Section 2036 of Parks' Code of Georgia in regard to stock law in 1Iilitia ])istricts.
Mr. Haralson moved that the bill be tabled, and the motion preYailed.
The following bill, favorably reported, was read the third time and taken up for consideration:
By Mr. Snow-
Senate Bill No. 124. A bill to provide for the safety of the public generally.
Mr. Snow asked unanimous consent that the bill be tabled, and the consent was granted.
On the motion of Mr. Snow, the Senate went into executive session at 11:45 A. l\I.
At 11:55 A.M. the executiYe session was dissolved.
Mr. Taylor moved that the Senate do now adjourn, and the motion prevailed.
Under a previously adopted resolution the Senate stood adjourned until wednesday morning, July 5, at eleven o'clock.
The President announced the Senate adjourned until Wednesday morning at 11 o'clock.

WEDNESDAY, JuLY 5, 1922.

131

SENATE CHAMBER, ATLANTA, GA.
Wednesday, July 5, 1922.

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

Prayer was offered by the Chaplain.

"Cpon the call of the roll the following Senators answered to their names :

Akin, L. R. Bellah, J. l\f. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Child8, E. W. Collum, J. )I. Col~on, D. C. Cone, Howell DaYid, _-\, B. David~on, J. E. Elli~, R. C. Fleming, Denis Fleming, \V. 0. Foy, ,John E. Goht<'ke, Alvin G. Haral~on, Pat

Holling~wortll, J. C. Holmes, R. H.
Hm:t, T. :u.
Hutcllen,.:, H. C. Jackson, J. B. John,.:, G. A. ,Jone~, John H. Jones, 0. K. of 6th Kimzey, Sam La"iter, W. H. )!anson, Frank C. )Iills, J. H. Xix, 0. A. Pahuour, J. E. PeaeO(.'k, C. H. Pope, David F. Ri<'hards, Will Rid)('~, Dr., C. L.

Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. vV. Thomas, .James R. Thorpe, E. :M. \Valker, B. F. Wall Dan Weaver, J. D. Williams, Wiley \Vohlwender, Ed. \Vomhle, :'II. D. )h-. President

::\Ir. li'oy, Chairman of the Committee on Journals, reported that the Journal of last Friday's proceeding-s had been read and found correct.

By unanimous consent the reading of the Journal of last Friday's proceedings was dispensed with.
:Mr. Golucke asked unanimous consent that all

132

JouRNAL OF THE SENATE,

Senators having bills and resolutions to introduce be allowed to do so at this time and the consent was granted.

The following bill was introduced read the first time and referr~d to committee:
By Messrs. Thomas and BrownSenate Bill No. 184. A bill to abolish State

Bureau of Markets.

Referred to Committee on Agriculture.
Mr. Bro"\\'11 asked unanimous consent that the bill be withdrawn from the Committee on Agriculture and referred to the Committee on Education.
Mr. Campbell objected.
Mr. Brown moved that the bill be withdrawn from the Committee on Agriculture and referred to the

Committee on Education.
Mr. Campbell 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. David, A. B.

Snow, Russell E. Taylor, Gco. W.

Thomas, James R.

Those voting in the negative were Messrs:

Akin, L. R. Bellah, J. M.

Bond, Chas. ~ Boykin, James H.

Campbell, R. \Y. Childs, E. W.

WEDNESDAY, JULY 5, 1922.

133

Collum, J. ::u.
Fleming, Denig Foy, John E. Golucke, AlYin G. Hollingsworth, .]. C. Hunt, T. :\I.
Jackson, J. B.

.Johns, G. A. .Jones, John H. .Jones, 0. K. of 6th Kimzey, Sam )!anson, Frank C. )fills, J. H. Nix, 0. A.

Pope, DaYid F. Richards, Will Stovall, E. B. Tarpley, R 0. \Yilliams, Wiley

Those not voting were Messrs :

Colson, D. C. Cone, Howell DaYidson, J. E. Ellis, R. C. Fleming, W. 0. Haralson, Pat HolmPs, R. H. Hutchem~, H. C.

Lassiter, Th-. H. Palmour, J. E. Peacock, C. H. Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Thorpe, E. )f. Wall Dan

Walker, B. 1". \VeaYer, J. D. Womble, :\I. D. \Vohlwender, Ed. M1. President

On the Motion to withdraw the bill from the Corrunittee on Agriculture and be referred to the Committee on Education the Ayes were 5 the Nays 25 and the motion was lost.
The following resolutions were introduced, read and ordered to lay over 1 day:

By Mr. Thomas-
Senate Resolution No. 68. A resolution requesting certain information from the Commissioner of Agriculture.

By Mr. Kimzey-
Senate Resolution No. 69. .A. resolution requesting the State Highway Department to make a detailed report of all monies paid out by Department.

134

JouRNAL OF THE SENATE,

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

By Mr. Thomas-
Senate Bill No. 85. A bill to create the office of Supervisor of Roads of Wayne County.
Referred to the Committee on Counties and County Matters.

By :Mr. Thomas-
Senate Bill No. 186. A bill to abolish County Commissioners of Wayne County.
Referred to the Committee on Counties and County ~iatters.

By Mr. Johns-
Senate Bill No. 187. A bill to abolish the office of Attorney of State Highway Department and other purposes.
Referred to the Committee on Public Roads.

.By :M:r. Golucke and Mr. Clay-
Senate Bill No. 188. A bill to limit the authority delegated to counties to levy taxes for certain purposes.
Referred to the Committee on Constitutional Amendments.

WEDNESDAY, JULY 5, 1922.

135

By l\llr. Bellah-

Senate Bill No. 189. A bill to create the City Court of Summerville for the County of Chattooga.

Referred to the Committee on General Judiciary No.1.

By Mr. Johns-

Senate Bill No. 190. A bill to repeal an act approved August 13, 1904, entitled ''An Act to Regulate the Business of Investment Companies."
Referred to the Committee on Insurance.
By Mr. Bellah, of 42d District-

Senate Bill No. 191. A bill to repeal the County Court of Chattooga County.
Referred to the Committee on General Judiciary No.1.
By Mr. Pope, of 44th District.
Senate Bill No. 192. A bill to amend Article 3, Section 4, Paragraph 3, of Code of Georgia., by striking out certain words and inserting in lieu thereof certain words.
Referred to the Committee on Constitutional Amendments.

136

JouRNAL OF THE SENATE,

By Mr. Womble-

Senate Bill No. 193. A bill to repeal an act incorporating the Town of Crest.

Referred to the Committee on Corporations. By Mr. Bellah-

Senate Bill No. 194. A bill to amend Section 277 of the Criminal Code of 1910 in certain divorces.

Referred to the Committee on General Judiciary No.1.

By Mr. Williams-
Senate Bill No. 195. A biil to Rearrange the Tifton Judiciary Circuit.

Referred to the Commitee on Special Judiciary.

State of Georgia, Executive Department, .

Atlanta, Ga., July 5, 1922.

The following message was received from His Exc_ellency, the Governor; 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 invites your attention.

WEDNESDAY, JuLY 5, 1922.

137

EXECUTIVE DEPARTMENT,

Atlanta, July 5, 1922.

To the Members of the General Assembly of Georgia:

It affords me much pleasure to extend you an invitation, in behalf of the Better Films Committee of Atlanta, to attend a moving picture exhibition in the House of Representatives this evening at eight o'clock.
One of the films to be presented is entitled, "Dixie's Mountain Majesty," which is the first showing of the recent official government tour of the Xational Forest Reserve in northeast Georgia.
I sincerely hope a large attendance will be present.

THos. W. HARDwiCK, Governor.

The invitation was accepted.
The following bill, favora~bly reported, was read the third time and taken up for consideration.

By Mr. Thomas-
Senate Bill No. 74. A Bill to repeal Sections 967 of Penal Code to provide for calling the Criminal docket.
The report of the committee, which was favorable to the pasage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays, 1.

138
The bill having received the requisite constitutional majority was passed.
The following bill, fnYorably reported, was read the third time and taken up for consideration.
By Mr. Womble, et alSenate Bill No. 37. A bill to amend Section 2,
Article 11, Paragraph 2, providing for election of County Officers and fixing time of holding same.
Mr. Snow moved that the Senate do now adjourn and the motion prevailed.
The President anounced the Senate adjourned until tomorrow morning at 10 o'clock.

THURSDAY, JuLY 6, 1922.

139

SENATE CHAMBER, ATLANTA, GA.,

Thursday, J uiy 6, 1!)22.

The Senate met pursuant to adjournment at 10
o'clock A. M. and was called to order by the President.
Prayer was offered by the Chaplain.

Upon the call of the roll the following Senators answered to their names.

_-\kin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Colson, D. C. Cone, Howell David, A. B. Davidson, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golu~ke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchens, H. C. Jackson, J. B. .Johns, G. A. .Jones, John H. Jones, 0. K. of 6th Kimzey, Sam Lassiter, \V. H. ){anson, Frank C. ~!ills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, Da.vid F.

Richards, Will Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Taylor, Geo: W. Thomas, James R. Thorpe, E. M. Walk<>r. B. F. Wall Dan \Veaver., J. D. Williams, Wiley Wohlwender, Ed. Womble, M.D. Mr. President

Mr. Foy, Chairman of the Committee on Journals reported that the Journal of yesterday's proceedings had been examined and found conect.

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

140

JOURNAL OF THE SENA.TE,

Mr. Presiden,t:

The House has read and adopted the following resolution of the House to-wit:

House Resolution K o. 136. (639B) A resolution urging members of Congress from Georgia to use their influence to secure Muscle Shoals for Henry Ford.
Mr. :Palmour, Ohaiirman Qlf the Committee on Privileges of the ~,loor, submitted the following report:

JVJr. President:
Your Committee on Privileges of the Floor has had under consideration the following resolution of the Senate and instructed me, as their Chairman, to report the same hack to the Senate, with the recommendation that the same do pass, to-wit:

By Mr. Golucke-
Resolved, That the privileges of the floor be extended to Mayor C. E. McGregor, of Warrenton, for two days.
By Mr. Fleming of lOth District. Resolved, That the privileges of the floor be extended Judge Kurie and Lee Whitley, of Albany, for two days.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

. THURSDAY, JULY 6, 1922.

141

Mr. President:

Your Committee on Privileges 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 recommendation that the same do pass, to-wit:

By Mr. Walker-
Resolved, That H.lon. J. R. Phillips and Col. Price, of the County of Jefferson, both be extended the priv- . ileges of the floor for a period of three days.
J. E. PALMOUR, Chairman.

The report of the committee was adopted.
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 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. 173, to abolish the Board of Barber's Examiners.
Senate Bill No.174, to amend Sec. 958 of the Penal Code.
GoLUCKE, Chairman.

142

JouRNAL m' THE SENATE,

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

By Mr. Fleming of lOth-
Senate Bill No. 196. A bill to create a Board of Commissioners of Roads and Revenues for Dougherty County.
Referred to the Committee on Counties and County Matters.

By :Nlr. David-
Senate Bill No. 197. A bill to amend Act placing Solicitor General of Cherokee Circuit on Salary.
Referred to Committee on General Judiciar~ ~0. 2.

By :Mr. RidleySenate Bill ~o. 198. A bill to provide for the
licensing of Kurserymen, etc.
Referred to Committee on General Agriculture.
The following bills, favorably reported, were read the second time :

By Mr. ClaySenate Bill No. 173. A bill to abolish Act regu-
lating to the practice of the occupation of Barbers.
B~ ~fr. ClaySenate Bill No. 174. A bill to amend Penal Code
to provide bail in misdemeanor cases.

THURSDAY, JULY 6, 1922.

143

:J'Ir. Jones of 37th asked unanimous consent that the reading of yesterday's proceedings be dispensed with.
}Ir. Snow objected.
}h. Jones of 37th moYed that the reading of yesterday's proceedings be dispensed with.
}Ir. Snow called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

'!'hose voting in the affirmative were Messrs:

Bonu, Chas. N. lloykin, .Jame, H. Brown, L. C.
Collum, J. ::\I.
(;olucke, Ahin G. Haralson, Pat Rollingsworth, J. C. Hunt, T. ::\I.

Jackson, J. B. .Johns, G..-\. Kimzey, Sam .\Iill,, J. H. Nix, 0. A. Pope, Da,id F. Ridley, Dr., C. L. Rountree, J. L.

Sheffield, R. H. Sto,all, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Walker, B. F. Williams, \Yiley \Yomble, ::\I. D.

Those yoting in the negative were Messrs:

.-\kin, L. R. Bellah, J. ::\L Campbell, R. \\'. Childs, E. \V. Elli>, R. C.

Fleming, \V. 0 . Foy, .John E. Holme,, R. H. Hutchens, H. C. .Jonl's, John H.

.Tones, 0. K. of 6th
Peacock, c. H.
Ri(hards, Will
:::>now, Russell E.
\Yall Dan

Those not voting were JHessrs:

l 'obon, D. C. l'one, Howell Da,id ..-\. B. DaYidson, ,J. E. F1Ptning, D>nis

Lassiter, \V. H. ::\!anson, Frank C. Palmour, J. E. Thorpe, E. :\L \Vea\er, .T. D.

\\'ohlwender, Ed. 2\fr. President

144

JOURNAL OF THE SENATE,

On the motion to dispense with the reading of the Journal of yesterdays proceedings the Ayes were 24, the-Nays 15.

The motion having failed to receive the requisite two-thirds majority was declared lost.

Mr. Snow asked unanimous consent that Senate Bill124 be take:u from the table and recommitted to the committee on Railroads.

Mr. Jones, of 37th, objected.
Mr. Snow moved that Senate Bill No. l 24 be taken from the table and put upon its passage.
:Mr. Boykin objected.
Mr. Brown moved that Senate Resolution Xo. 68 be taken from the table and put upon its passage.
Under Senate Rule 36 the President held that the motion was not in order.
Under the head of unfinished business the following bill was taken up for consideration.

By Mr. Womble, et al-

Senate Bill No. 37. A bill to amend Constitution 1elative to election of County officers.
Mr. Jackson moved that the bill be tabled.
1Ir. 'Jones, of 37th, called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

THURSDAY, JuLY 6, 1922.

145

Those voting in the affirmative were Messrs:

Bond, Chas. N. Boykin, James H. Golucke, Alvin G. Hollingsworth, J. C. Jackson, J. B. Johns, G. A. Kimzey, Sam

~fills, J. H. Xix, 0. A. Pope, Da\"id F. Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Stomll, E. B.

Tarpley, R. 0. Taylor, Geo. W. \Valker, B. F. Williams, \Viley Womble, ~I. D.

Those voting in the negative were Messrs:

Akin, L. R. Bellah, .J. l\L Brown, L. C. Campbell, R. \Y. Childs, E. W. Collum, J. ~I. DaYid, A. B. Ellio;, R. C.

Fleming, W. 0. Foy, John E. Haralson, Pat Holmes, R. H. Hutchens, H. C. Jones, John H. .Jones, 0. K. of 6th ~Ianson, Frank C.

Peacock, C. H. Richards, Will Snow, Russell E. Thomas, James R. Thorpe, E. M. \Vall Dan

'rhose not voting were Messrs:

Colson, D. C. Cone, Howell Da,idson, J. E. Fleming, Denis

Hunt, T. ~1. Lassiter, W. H. Palmour, J. E. \VeaYer, J. D.

\Yohlwender, Ed. :Mr. President

On the motion to table the bill the Ayes were 19, the N ars 22, and the motion \vas declared lost.

:\Ir. N"ix called for the previous question.

On the call for the previous question Mr. Snow called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as fo/ lows:

146

.JorRXAL OF THE SEXATE,

Those yoting in the affirmative were :Messrs:

Bond, Chas. N. Boykin, James H.
Collum, J. ::\1.
Fleming, Denis Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C.

Jackson, J. B. Johns, G. A. Kimzey, Sam }lills, J. H. Nix, 0. A. Palmour, J. E. Ridley, Dr., C. L.

Rountree, J. L. Sheffield, R. H. 8tovall, E. B. Taylor, Geo. \\'. Thomas, Jame,; R. \Villiams, Wiley Womble, }I. D.

Those voting in the negative were Messrs:

.lkin, L. R. Bellal1, J. M. Brown, L. C. Childs, E. W. ~one, Howell Da,id, A. B.

Ellis, R. C. Fleming, W. 0. Foy, John E. Holmes, R. II. Hutchens, H. C. Jones, John H.

Jones, 0. K. of 6th Peacock, C. H. Richards, Will Snow, Russell E. Thorpe, E. ::\1. Wall Dan

Those not Yoting were Messrs:

L'amJ?bell, R. W. l'obon, D. C. Da,idson, J. E. Hunt, T. }I.

Lassiter, W. H. }!anson, Frank C. Pope, David F. Tarpley, R. 0.

Walker, B. F. Weaver, J. D. \Vohlwender, Ed. Mr. President

On the call for the previous question the Aye::; ,,ere :21, the Nays 18 and the call for the previous question was sustained.

l\Ir. Jones, of 37th, moved that the bill be tableJ.

::\Ir. Snow called for the Ayes and Nays aud the call was sustained.

The roll call was ordered and the vote was w; follows :

Tho:,;e ,-oting m the affirmative were Messrs:

Bellah, J. }f. Bond, Chas. N. Boykin, James H. Collum, J. }f.

Da\'id, A. B. Golucke, Alvin G. Hollingsworth, J. C. Hunt, T . .:II.

Jackson, J. B. .Johns, G.l. Jones, John H. Kimzey, Sam

THURSDAY, JuLY 6, 1922.

147

)!ills, J. H. Nix, 0. A. Peacock, C. H. Ridley, Dr., C. L.

Rountree, J. L. ~heffield, R. H. Stovall, E. B. Taylor, Geo. W.

Thoma,, .James R. Walker, B. F. \Villiams, Wiley Womble, l\f. D.

Those voting in the negative were Messrs :

.-\kin, L. R. Brown, L. C. Childs, E. W. Cone, Howell Ellis, R. C.

Fleming, Denis Fleming, W. 0. Foy, Jolm E. Holmes, R. H. Hutchens, H. C.

Jones, 0. K. of 6th Richards, Will Snow, Russell E. Thorpe, E. l\1. Wall Dan

Those not voting were essrs:

Campbell, R. W. Colson, D. C. Davidson, J. E. Haralson, Pat

Lassiter, IV. H. )Janson, Frank C. Palmour, J. E. Pope, David F.

Tarpley, R. 0. Weaver, J. D. \Vohlwender, Ed. Mr. President

On the motion to table the bill the Ayes were 24, the Xays 15, and the motion prevailed.

1\ir. Jones of the 37th moved that the Senate do now adjourn until tomorrow morning at 11 o'clock A . .:'II.

.:'IIr. J olms called for the previous question.

J\Ir. Snow called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

'l'hose voting m the affirmative were Messrs:

Boykin, James H. Brown, L. C. Collum, J. l\L Ellis, R. C. Fleming, Denis Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Hunt, T. :M.

Jackson, J. B. .fohns, G. A. Kimzey, Sam :\fills, J. H. Nix, 0. A. Palmour, J. E. Pope, David F. Ridley, Dr., C. L. Rountree, J. L.

Sheffield, R. H. Stomll, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. WalkH, B. F. Williams, Wiley Womble, J\L D.

148

JOURNAL OF THE SENATE,

Those voting in the negative were Messrs:

Bellah, J. M. Bond, Chas. N. Campbell, R. W. Childs, E. W. Cone, Howell Dad<l. A. B.

.b'leming, W. 0. Foy, John E. Holmes, R. H. Hutehens, H. C. .Jones, John H. .Jones, 0. K. of 6th

Peacock, C. H. Richards, \Viii ~now, Russell E. Thorpe, E. ~f. \Vall Dan

Those not voting were :Messrs :

Akin, L. R. Colson, D. C. Da\'id~on, J. E.

Lassiter, W. H. )!anson, F.rank C. Weaver, J. D.

\Yohlwender, Ed. Mr. President

On the call for the previous question the Ayes were 26, the Nays 17, and the call was sustained.

~Ir. Campbell moved that the Senate reconsider its action in calling for previous question.

.Mr. Brown moved that the Senate do no\v adjoum until 11 o'clock A. M. Monday morning.

:\Ir. Xix called for the previous question.

:\lr. Campbell 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. Brown, L. C. l'ollum, J. 11. Fleming, Denis Golucke, .Alvin G. .T.ukon, J. B.

Johns, G. -~ 'Kimzey, Sam Nix, 0. A. Pope, David F. Rid!('y, Dr., C. L. Rountree, J. L.

:-;t{)\all, E. B. Tarpley, R. 0. Walker, B. .b'. William3, \Viley Womble, )L D.

THURSDAY, JULY 6, 1922.

149

Those voting in the negative were Messrs:

Akin, L. R. Bellah, J. l\1. Bond, Chas. N. Cam)Jbell, R. \Y. Childs, E. W. Cone, Howell Ellis, R. C. Fleming, W. 0.

Fo~, .John E. Hollingsworth, J. C. Holme;;, R. H. Hunt, T. :\I. HutC'hel" H. l'. Jone~, ,John H. ,Jones, 0. K. of 6th Mill~, J. H.

Pea<:O<'k, C. H.
Rirhards, Will ~now, Russell E.
Taylor, Geo. w.
Thoma", Jame;; R.
Thorpe, E. :\1.
\Vall Dan

'rhosc nof voting 'vere 1\Iessrs :

Colson, D. C. Da,id, A. B. Da\'idson, J. E. Haral~on, Pat

Lassiter, vV. H. :\fanl<on, Frank C. Palmour..J. E. Sheffield. R. H.

\\'ea\er, J. D. \Yohlwender, Ed. Mr. Presiclt>nt

On the call for the previous question the Ayes were 17, the ~ays were 23, and the call was not sustained.

STATJl~ OJi' GEORGIA: EXECUTIVE DEPARTMENT, ATLAXTA.

The following message was received from His Excel1ency the Governor, through his Secretary, Mr. Blalock:
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 communication was read for the information of the. Senate:

150

JouRNAL OF THE SENATE,

Atlanta, Ga., July 6th, 1922.

HoN. HERBERT CLAY,

President of the Senate,

State Capitol, Atlanta, Ga.

My Dear Mr. President:
A special service will be held at the First Presbyterian Church of Atlanta, on next Sunday morning, July 9th, (of which, programme is outlined in the attached letter) to which you are cordially invited, and urged to be present.
I hope very much that it will be convenient for you to worship with us on that occasion.
In behalf of the Committee, I beg to remain, with kind personal regards,
Cordially yours,
H. LA:NE YouNG, Chairman,
J AS. R. BACHMAN' PAUL H. NoRcRoss,
Committee.

Atlanta, Ga., July 6th, 1922.
To the Members of the Georgia Leg~lature: It is the custom of the First Presbyterian Church
to recognize the days which are particularly asso-

THURSDAY, JULY 6, 1922.

151

ciated with the life of our nation, such as Independence Day, Thanksgiving Day, etc.

Services are held which emphasize the hand of God in the founding and development of the United States of America as a land of constitutional liberty for a free people, and as an inspiration and guide to oppressed peoples throughout the world.
Xext Sunday, July 9th, will be devoted to the sentiments properly associated with the Declaration of Independence. Tlw theme of the sermon by Dr. J. Sprol0 Lyo~1s will b(':

"\VHY A:MERH'At AND WHO AN AMERICAN f ''
A musical program of unusual merit will be rendered by the quartette Choir, led by Chas. A. Sheldon, Jr., organist and director.
The program will include such thrilling numbers as Kipling's Recessional, Handel's Largo, The Battle Hymn of the Republic, America and ''All Hail the Power of Jesus' Name." The entire service is sent broadcast by radio, reaching many thousands of worshippers throughout Georgia and many other states.
Br unanimous action of the Officers of the Church, the Governor of state and the Members of the Senate and House of Representatives are cordially invited to be our guests at this service Sunday morning at eleven o'clock.

152

JouRNAL oF THE SENATE,

In behalf of the officers of the Church
H. LANE YouNG, JAS. R. BACHMAN, PAuL H. NoRcRoss,
Committee.
P. S.-Peachtree-Brookwood cars and get off at 16th Street.

Mr. David moved that the invitation be accepted and the motion prevailed.
Upon the motion of Mr. Campbell the Senate went into executive session at 12 :35 P. M.
At 12 :4!5 o'clock the executive session was dissolved.
The hour of adjournment having arrived, the President Pro tempore announced tl1e Senate adjourned until 10 o'clock tomorrow morning.

FRIDAY, JuLY 7, 1922.

1153

SENATE CHAMBER, ATLANTA, GA.

Friday, July 7th, 1922.

The Senate met pursuant to adjournment at 10 o'clock A. 1\L, and was called to order br the President.
Prayer was offered b~" the Chaplain. Upon the call of the roll the following- Senators
answered to their names :

.-\kin, L. R. Bellah, J. :M. Bond, Chas. K. Boykin, James H. Brown, L. C. Campbell, R. \\". Childs, E. W. Collum, .J. )I. Col~on, D. C. Cone, Howell David, A. B. Davidson, 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. ::u.
HutdJen~. H. l'. Jackson, J. B.. .fohns, G..-\. .Jones, .John H. ,Jones, 0. K. of lith Kimzey, Sam La"siter, \Y. H. :\lanson, Frank C. ~lill~, ,J. H. Xix, 0. A. l>almour, J. E. J'ea((J(k, C. H. Pope, Da,id F.

Ri(hards, \Viii Ridley, Dr., C. L. Rountree, J. L. :-:iheffield, R. H. Snow, Russell E. Sto,all, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall Dan \Vea\er, J. D. Williams, Wiley \Vohlwender, Ed. \Yomble, :XL D. Mr. President

The following- messag-e was received from the House throug-h Mr. Moore, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitu-

tional majority the following bills of the Senate as

amended, to-wit:



154

J OlJRNAL OF THE SENATE,

Senate Bill No. 7. A bill to provide for a secret and private ballot at all elections held 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 House, to-wit:
House Bill ~o. 565. A bill to provide for a salary for the Treasurer of the County of Schley, and for other purposes.
Mr. ]'oy, Chairman of the Committee on Journal reported that the journal of yesterday's proceedings had been examined and found conect.
Mr. Snow gave notice that at the proper time he would move that the Senate reconsider its action in tabling Senate Bill No. 37.
Mr. Jackson made the point of order that the bill was not before the Senate and that a motion to reconsider the action of the Senate on yesterday in tabling the bill would not be in order.
The Chair sustained the point of order.
Mr. Snow appealed from the decision of the Chair.
Mr. Campbell Called for the .Ayes and Nays and the call was sustained.
The roll call was ordered aw.l the vote was as follows:

FRIDAY, JuLY 7, 1922.

155

Those voting in the affirmative were Messrs :

Bellah, J. M. Bond, Cbas. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. M. Colson, D. C. .Ellis, R. C. Golueke,, Alvin G.

Haralson, Pat Hollingsworth, J. (', Hunt,'!'. )I. Jackson, J. B. , .John:;, G. A. Kimzey, Sam }fills, J. H. Nix, 0. A. Palmour, J. E.

Pope, David F. Rountree, J. L. Sheffield, R. H. Stovall, E. B. Tarpley, R. 0. Taylor, Gco. W. Thomas, James R. Walker, B. F . Womble, M.D.

Those voting in the negative were Messrs:

Akin, L. R. Campbell, R. W. David, A. B. Fleming, W. 0. Foy, John E.

Holme,, R. H. J one:;, John H. Jones, 0. K. of 6th Pearoek, C. H. Ri!'hards, \Viii

Snow, Russell E. Thorpe, E. M. Wall Dan

Those not voting were Messrs:

Cone, Howell Davidson, J. E. Fleming, Denis Hut('henR, H. C.

Lassiter, W. H. :Hanson, Frank C. Ridley, Dr., C. L. \Vcaver, J. D.

\Villiams, vYiley \Vohlwender, Ed. Mr. President

On the appeal from the decision of the Chair the Ayes were 26, and the Nays were 13.
1
Th, .decision of the Chair was sustained.

:Mr. Jones of the 87th arose to a question of personal privilege and :Pis remarks were as follows:

Mr. President:
11y vote on any question is pledged by no caucus and I am bound by no organized clique or clan in or out of this Senate. I shall remah1 free m every instance to cast my vote independently as the rep-

156

JOURNAL OF THE SENATE,

resentative of my district without any influence or intimidation from any person or combination of persons and with strict regard only for the merits in every case. My vote against sustaining the decision of the Chair was cast simply with the best results in view. It was merely a matter of legitimate tactics. The President's ruling in this case was a matter of discretion between two rules which, in the largest sense, were conflicting. I defy any Senator to challenge the President's right or duty of discretion in decisions of this kind. However, it is also the right of any member or members to attempt to gain a strategic point by appealing from such an exercise of discretion.

Human Yirtue is a matter of general average. If any of us were judged merely by our faults, we would be condemned through all etemity. The President of this Senate has made the highest average I ever have 'vitnessed in a presiding officer of any body. I know that all of us love him and have deep, abiding respect for the dignified, impartial manner in which he has maintained such a high, fine average in his decisions, without fear or favor.

Mr. Campbell asked unanimous consent that he be allowed to read Senate Rule Number 92 at this time.

Mr. Nix objected.
Mr. Campbell arose to a question of personal privilege and his remarks were as follows:

FRIDAY, .JuLY 7, 1922.

157

Senator Campbell obtained the floor and addressed the Senate on Personal Privileges. His remarks were as follows:

Mr. President and Members of the Senate of Ga.:

1\o deliberative body of men, either of this State or any other State of the Union, nor 11ational or international, deliberative bodies, have been more abundantly blest or made a wiser selection of their executive head, Chairman or President, than this body of men, the Senate of Ga.
No man has eYer, i1i my opinion, ruled more fairly. Equity, .Justice and Wisdom have been marked clearly on all rulings. No member can justly claim unfair treatment at the hands of our President, but with all his ability, earnestness, and lovable character he is not infallible. No human being has reached that high point of perfection. V\nen he made a mistake in his rulings this morning we know it was of the head and not of the heart. This ruling was clearly at Yariance with the adopted ru.'es governing this Senate, and an appeal from that ruling was made in order to clarify the statement and avoid what might become an embarrassing question
(voting to sustain or reject the decision of the
Chair). I endeavored by a consent to. have Rule No. 92 r8ad, the Senator from the 51st district objected, and after being shown Rule 92 and knowing the contents of the same continued to object, it is inconceivable to me how any man whose contentions are sound could take an attitude unmistakably m-

158

JOURNAL OF THE SENATE,

tended to keep members of this house from being in possession of knowledge contained in the rules under which this Senate is governed. Rule 92 I will now read in your hearing, it says :
\Vhen the Journal of the preceding day shall be read.
The Senator from the 28th arose to a point of order "to-wit" that the Senator from the 34th district could not read any rule during personal privilege remaks.
The Chair ruled the point made by the Senator from the 28th was not well taken.
Mr. Campbell resumed.
Gentlemen of this Senate I contend that as a member of this body I have undeniable, undisputed, right to read any rule which tend to govern this Senate provided I have floor at the time rule is proposed to be read and especially is it propitous to read Rule 92 at this time because it bears directly on the question which I rose to discuss (to-wit) my personable privilege to vote to sustain an appeal from the decision from the Chair.

~ow again to Rule 92 which reads, when thP .Jour. nal of the preceding day shall be read, it shall be in
the power of any Senator to move for a re-consideration of any matter, therein contained provided, such Senator shall notify the Senate of his intention to move such re-consideration at any time before the Journal is confirmed.

FRIDAY, JuLY 7, 1922.

159

The appeal from the decision of the Chair was lost, which was exceedingly complimentary to our Chair, showing how much confidence this body as a whole has in him. No Senator has a more abiding faith in wisdom and justice than has been displayed in the past or will be shown in the future by our beloved President although I voted against the Chair.

The Journal of yesterday's proceedings was read.
:Mr. Clay asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time and the consent was granted.

Mr. Clay asked unanimous consent that House Bill 240 and Senate bill 42, be taken from the table and placed upon the calendar.
Mr. Snow asked that the bills be read and it was so ordered.

.}Ir. :Nix objected.
::'IIr. Palmour, Chairman of the Committee on Pri,'ileges of the floor submitted the following report:

Jlr. PresicJ.ent:
Your Committee on Privileges 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 recommendation that the same do pass to-wit:

160

JouRNAL oF THE SENATE,

By Mr. Palmour-

Resolved that privileges of the Floor be extended to J. A. Davis of Burke County for a period of 3 days.
J. E. PALMOUR, Chairman.

1'he report of the committee was adopted.
Mr. Palmour, Chairman of the Committee on Privileges of Inoor submitted the following report:

Mr. PresidJent :
Your Committee on Privileges of the Floor has had under consideration the following resolutions 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:

By ~lr. Boykin-
Resolved that privileges of the Floor be extended to .Miss Bessie Kempton candidate for House of Representatives and Mrs. Edgar Alexander for a period of 3 days.

By I\Ir. Nix-
Resolved that privileges of the Floor be ~xtended to Hon. Josiah Blassingame of Walton County for a period of 3 days.
J. E. PALMOuR, Chairman.

FRIDAY, JULY 7, 1922.

161

The report of the Committee was adopted.

:Jlr. Palmour, Chairman of the Committee on Privileg-es of the Floor submitted the following- report:

J.lir. Prf>sid-ent:
Your Committee on Privileges 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 recommendation that the same do pass, to-wit:

By Mr. Clay and Mr. .Manson-
Resolved that the Privileg-es of the Floor be extended to Mrs. "\V. H. ~'elton of Cartersville for a period of three days.
E. ~:L THORPE, Vice-Chairman.

The report of the committee was adopted.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor submitted the following- report:
Mr. President:
Your Committee on Privileges 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 recom~endation that the same do pass, to-wit:
Sig. (;-SenatP

162

J O"GRNAL OF THE SENATE,

By Mr. Clay-

Resolved that the Privileges of the Floor be ex- tended Judge George F. Gober of Marietta for a period of three clays.

J. E. PALMOUR, Chairman.

The report of the committee was adopted. The following resolution was read and adopted.

By Messrs. Thorpe, Foy, Campbell, Jones of 37th, Hutchens, Clay, Cone and Fleming of 8th-
A RESOLUTION
Be it ReSiolvPd by the Senate, the House concurring, That Hon. \tVm. J. Harris, Senior Senator from Georgia, be invited to address the General Assembly of Georgia at the present session at such time as suits his convenience.
The following resolution was introduced, read the first time and referred to committee:

By Messrs. Manson Haralson, Aiken, et al-
Senate Resolution No. 71. A resolution to provide for a commission to prevent the junking of the A. B. & A. Railway Co.
Referred to the Committee on Railroads.
The following bills were introduced, read the first time and referred to committee.

FRIDAY, JuLY 7, 1922.

163

By :l\fr. Hutchens-
Senate Bill X o. 199. A bill to regulate special officers, for protection and safety of common carriers.
Referred to the Committee on Special Judiciary.

Bv '

l\fr. -Walker

and

Mr.

Thomas-

Senate Billl\o. 200. A bill to amend Code relative

to Railroad Commissioner's election.

Referred to the Committee on Railroads.

By Mr. Tarpley-
Senate Bill No. 201. A bill to regulate the making of conspiracies to hinder any one in business.
Referred to the Committee on Commerce and Labor.

By Mr. Golucke-

Senate Bill X o. 202. A bill to amend Section 4381 of the Civil Code of Georgia.
Referred to the Committee on Special Judiciary.

By I\Ir. Bond-
Senate Bill No. 203. A bill to amend the Workman's Compensation Act by striking out certain sections and substituting others.
Referred to the Committee on General Judiciary No.2.

164

JouRNAL OF THE SENATE,

By :Mr. :l\Ianson-

Senate Bill No. 204. A hill to provide for the destruction of firearms, used m commission of crime and other purposes.

Referred to the Committee on General Judiciary No.1.

By Mr. Golucke-
Seilate Bill No. 205. A bill to provide for the disposition of property who die after certain dates.
Referred to the Committee on General Judiciary No.2.

By Mr. Kimsey~
Senate Bill No. 206. A bill to regulate the taking and recording of all Fire In~urance Policies.
Referred to the Committee on General Judiciary No.2.

By Mr. Kimsey-
Senate Bill No. 207. A bill to reorganize and re-construct State Highway Department.
Referred to the Ccmmittee on Public Roads.

By Mr. ThomasSenate Bill No. 208. A bill to Establish Juwnile
Courts in this State, and fix their jurisdiction. Referred to the Committee on Education.

FRIDAY, JuLY 7, 1922.

165

Mr. Snow moved that Senate Bill No. 37 be taken from the table.
Mr. Jones, of 37th, called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting m the affi11native were Messrs:

_-\kin, L. R. Bellah, J. :\L Brown, L. C. Campbell, R. \V. Child~, E. W. Cone, Howell

Elli~, R. ('. Fleming, W. 0. Fo~, .John E. Holmes, R. H. Hutchens. H. C. .Jones, John H.

Jones, 0. K. of 6th Snow, Russell E. Thoma8, .James R. Thorpe, E. M:. Wall Dan

Those \'oting in the negative were .Messrs:

Bond. Chas. )1', Bo~kin, .Jame" H. Collum, J. :\I. Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Jacbon, .J. B.

.Johns, G. A. Kimzey, Sam ~~ill~, ,J. H. Xix, 0. A. Pope, Da,i1 F. Ridl(y, Dr., C. L. Rountree. ,J. L.

1-Jhelfield, R. H. _ :-lto,all, E. B.
Tarpley, R. 0. Taylor, Geo. W. Walker, B. F. Williams, Wiley Womble, }I. D.

Those not voting were Messrs :

Col~on, D. C. DaYid, A. B. DaYidson, ,J. E. Fleming, Denis Hunt, T. :\1.

Lassiter, \V. H. :\!anson, Frank C. l'alri10ur, J. E. Peaeoek, C. H. Richards, Will

Weaver, J. D. \Vohlwender, Ed. "Mr. President

Mr. Snow moved that the verification of the roll call be dispensed with.

l\Ir. Jones, of 37th, called for the Ayes and Nays and the call was sustaine.d.

166

JOURNAL OF THE SENATE,

The roll call was ordered and the vote was as follows:

Those voting m the affirmative were Messrs:

Bond, Chas. N. Collum, J. :\L Fleming, Denis Golucke, Alvin G. Haralson, Pat Jachon, J. B. John~<, G. A.

~Hils, ,J. H. Nix, 0. A. Pope, Da\'icl F. Ridlt>y, Dr., C. L. Rountree, ,J. L. Rheffield, R. H. Snow, Russell E.

Stovall, E. B. Tarpley, R. 0. Taylor, Gt>o. ,V. Thorpe, E. M. Williams, Wiley Womble, }f. D.

Those voting in the negative were Messrs:

Akin, I". R. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell

Elli~, R. C. Fleming, W. 0. Foy, John E. Hollingsworth, .J. C. HolmeR, R. H. Hutchens, H. C.

.Jone8, .John H. Jones, 0. K. of 6th Richards, ''~'ill Thomas, ,James R. 'Valk<r, B. F.

Those not voting were Messrs :

Bella.h, .J. M. Colson, D. C. Da\'id, A. B. Da\'id,.on, .J. E. Hunt, T. 2\L

Kimzey, Sam Lassiter, W. H. :\Ianson, Frank C. Palmour, .J. E. l'ea('ock, C. H.

Wall Dan Weaver, .J. D. 'Vohlwender, Ed. Mr. Presicl('nt

Mr. Jones moved to dispense with the verification of the verification of the roll call.

Mr. Nix made the point of order that a motion to dispense with the verification of the verification of the roll call was out of order.

There being no rule governing the same and the Chair being in doubt the President submitted the question of entertaining a motion to dispense with

FRIDAY, JuLY 7, 1922.

167

the verification of the verification of the roll call to the Senate.
:Mr. Campbell called for the Ayes and Nays and the ron was sustained.

The roll call was ordered and the vote was as follows:

Those voting m the affirmative were Messrs:

Akin, L. R. Bellah, J. )I. Brown, L. C. Campbell, R. W. Childs, E. W.

l'leming, W. 0. Foy, John E. Holmes, R. H. .Jones, John H. .Jone~, 0. K. of 6th

Richards, Will Snow, Russell E. Thomae, .James R. Thorpe, E. )1. Wall Dan

Those voting in the negative were Messrs:

Bond, Cbas. N. Boykin, James H. Collum, J. )f. Cone, Howell Ellis, R. C. Golucke, Alvin G. Haral8on, Pat

Hollingsworth, J. 0. .Jackson, J. B. .Johns, G. A. :\lills, J. H. Nix, 0. A. Pope, Da,id F. Rountree, J. L.

Hhetfield, R. H. Stmall, 1-:. B. Tarpley, R. 0. Taylor, Geo. \Y. Walker, B. F. Williams, Wiley Womble, )f. D.

Those not voting were Messrs:

Colson, D. C. Da,id, A. B. Da,idson, J. E. Fleming, Denis Hunt, T. )I.

Hutchens, H. C. Kimzey, Sam Lassiter, \V. H. :\!anson, Frank C. Palmour, ,J. E.

Peacock, C. H. Ridlty, Dr., C. L. \Veaver, J. D. Wohlwender, Ed. Mr. President

On the question of entertaining a motion to dispense with the verification of the verification of the roll call the Ayes were 15, the Nays 21, and the motion was not entertained.

168

JouRNAL OF THE SENATE,

The Secretary proceeded with the verification of the roll call.
On the motion to take Senate Bill 37 from the table the Ayes were 17, the Nays 21, and the motion was lost.
Under the head of unfinished business the motion of Senator Brown that the Senate do now adjourn untilll o'clock A. M. Monday morning was taken up for consideration.

Mr. Snow called for the previous question and the call was sustained.
The main question was ordered.
On the motion of Senator Brown that the Senate do now adjourn until 11 o'clock A. M. Monday the Ayes were 29, the Nays 8, and the motion prevailed.
The President announced the Senate adjourned untilll o'clock A.M. Monday.

MONDAY, JULY 10, 1922.

169

SENATE CHAMBER, ATLANTA, GA.,

Monday, July 10, 1922.

The Senate met pursuant to adjournment at 11 o'clock A.M. and was called to order by the President.

Prayer was offered by the Chaplain.
Upon the call of the roll 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. Child><, E. W. Collum, J. l\L Colson, D. C. Cone, Howell Da\"id, A. B. Daddson, J. E. Ellis, R. C. Fleming, Denis :Fleming, W. 0. Foy, John E. Golucke, AlYin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchens, H. C. .Jackson, J. B. .John~, G. A. ,Jones, John H. .Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. :Hanson, Frank C. :\liII~.J. H. Nix, 0. A. l'almour, .T. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr., C. L. Rountree, ,J. L. Hheffield, R. H. f:lnow, Russell E .. Stovall, E. B. Tarpley, R. 0.
Taylor, Geo. w.
Thomas, James R. Thorpe, E. :\I. Walker, B. F. Wall Dan \VeaYer, J. D. Williams, Wiley \\'oml.lte, l\f. D. \Vohhvender, Ed. Mr. President

~Ir. Ji-,oy, Chairman of the Committee on Journals, reported that the Journal of last Friday's proceedings had been examined and found to be correct.

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

170

JouRNAL OF THE SENATE,

Mr. President:

The House has passed by the requisite Constitutional majority the following Bills of the House, to-wit:

House Bill No. 602. A hill to amend an Act to establish Public Schools for the Town of vVarrenton.

House Bill No. 608. A bill to create the Office of Commissioner of Roads and Revenues for Appling County.

House Bill No. 609. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Appling County.

Mr. T'homas moved that the reading of the Journal of last Friday's Journal be dispensed with.
Mr. Snow called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those Yoting m the affirmatiYe were Messrs:

Bond, Cha~. N. Boykin, ,James H. Col~on, D. C. Haralson, Pat Hollingsworth, J. C'. Ja(k,on,.J. B. .John>', G. A.

Kitnze.'. ~ani :\Iills.J. H. Xix, 0 ..-\. Pope, David F. Rountree, ,J. L. ~heft'ield. R. H . ~tm-"all; E. B.

Tarpley, R 0. Taylm. (~"" \\'. Thoma:<, .Jame" R. \\'illiam", \\'iley \\'omhle, :\1. D.

MoNDAY, JuLY 10, 1922.

171

Those voting in the negative were Messrs:

Akin, L. R. Bellal1, J. 1\i. Brown, L. C. Campbell, R. W. Collum, J. }1. Cone, Howell DaYid, A. B.

Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Hunt, T. :M. Jones, John H. Jones, 0. K. of 6th

Palmour, J. E. Peacock, C. H. Snow, Russell E. Wall Dan 'Veaver, J. D.

Those not voting were Messrs:

Childs, E. W. DaYidson, J. E. Golucke, Alvin G. Holmes, R. H. Hutchens, H. C.

Lassiter, "V. H.
}lanson, Frank C. Richards, Will Ridley, Dr., C. L. Thorpe, E. :M.

Walker, B. F. 'Vohlwender, Ed. :Mr. President

On the motion to dispense with the reading of the J ournai of F'riday's proceedings the ayes were 19, the nays, 19.

The motion having failed to receive the requisite two-thirds majority was lost.

The Journal of last Friday's proceedings was read:

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

)Vir. President: The House has read and concurred m the fol-
lowing resolution of the Senate, to-wit:
Senate Resolution No. 70. A resolution inviting Hon. Wm. Z. Hlarris, Senior Senator from Georgia, to address the General Assembly during the present session.

172

JouRNAL OF THE SENATE,

Mr. Thomas moved that the remarks made by Senators Jones, of the 37th and Campbell, of the 34th, on the question of personal privilege be expugned from the J ournai of last Friday's proceedings.

Mr. Jackson called for the previous question.

:\fr. Campbell called for the ayes and nays and the call was sustained.

The roll caJ,l was ordered and the vote was as follows:

Call for previous question on Thomas' motion to take speeches from Journal.

Those voting in the affirmative were 1\Ies:;;rs:

Bond, Chas. N. Collum, J. :\I. Fleming, Deni~ Harabon, Pat Hollingsl\'orth, .J. C. Hunt, T. ::\1.

.ra<k,oH, .r. B.
Johns, G. A. Kimze~, Sam Xix, U. A. Pope, Dadd F. Rheffield, R. H.

HtO\all, E. H. Tarpley, R. 0. Ta~Jor. Gto. \\'. Thoma>', .Tame.- R. \\"illiams, \\'iley Mr. Presidnt

Those voting in the negative were Messrs:

Akil;, L. R.
Bellah, .r. :\1.
Brown, L. l'.
Campbell, R. W. l'hilds, E. \\'.
l'one, Howt>ll

Co],.;on, D. ( '. Da1id. A. B. Fleminlo(, \\'. 0. Fo~, .Joh11 E. Hut..h<n,, H. C. .Jones, .John H.

.lone:<, 0. 1\:. of tith Peal'Ol'k, l". H. :::!now, Rus,..ll E. \\'all Da11 \\'eanr..J. D.

Those not voting were l\Iessrs :

Bo,1kin, Jame" H. DaddHon, J. E. Ellis, R. C. Golut~ke, All'in G. Holme", R. H. La,.;Hiter, \V. H.

~lan,.;on, Fra11k C. ~liJI,.;, .J. H. Palmour..T. E. Hil'hanb, \\"ill Ridley, Dr., C. L. Hountree. ,J. L.

Thorpe, E. :\I. \\'alktr, B. F. \\'ohlwender, Ed. \\'omlllt>, ~1. D.

MoNDAY, JuLY 10, 1922.

173

Upon the can for the previous question the ayes
were 18, the nays 17 ; and the call was sustained.
.
Mr. Snow moved that the Senate do now adjourn
until 11 o'clock A. M. Tuesday.

Mr. Nix called for the previous question.

:Nlr. Snow called for the ayes and nays and the call was sustained.

.}Ir. Jones, of 37th, moved that the Senate do now adjourn.

Mr. Campbell moved that the Senate do now adjourn until 11 :30 o'clock Tuesday morning.
l\Ir. Nix called the previous question.

Mr. Snow calied for the ayes and nays and the call was sustained.

.}fr. Nix made the point of order that the motion heing a subsidian motin', WHf; not in order.
There being no set rule on the matter and the Chair being in doubt the President submitted the question to the Senate.
:\Ir. Campbell called for the ayes and nayes a.nd the call was sustained.
The roll call was ordered and the vote was as follows:

174

JouRNAL o~ THE SENATE,

Those voting in the affirmative were Messrs:

Bond, <..:has. N. Boykin, James H. Collum, J. :81. Haral~on, Pat Hollingsworth, J. <..:. Hunt, T. M. Jackson, J. B.

.Johns, G. .A. Kimzey, Sam ~ix, 0. A. Pope, David F. Rountree, J. L. i'lheffield, R. H. Htovall, E. B.

Tarpley, R. 0 . Taylor, Geo. W. Walker, B. F. Williams, Wiley \\"omhle, .\L D.

Those yoting in the negative were :Messrs:

-\kin, L. R. BellalJ, ,J. M. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell

Colson, D. C. Da\'id, A. B. Fleming, W. 0. Foy, .John E. Hutchen:-~, H. C. .Jones, .John H.

.Jones, 0. K. of tith Peacock, C. H. :->now, Russell E. Thoma~, James R. \\'all Dan Wea\er, .J. D.

Those not voting we1e Messrs :

Da\'idson, J. E. Ellis, R. C. Fleming, Denis Golucke, .Alvin G. Holmes, R. H.

Lassiter, \\". H. .\[anson, Frank C. .\!ills, ,J. H. Palmour, J. E. Richards, Will

Ridley, Dr., C. L. Thorpe, E. }i. \Vohlwender, Ed. Mr. President

On sustaining the point of order made by Mr. Nix the ayes were 19, the nays, 18; and the point of order was sustained.

.Mr. Campbeli moved that the Senate reconsider its action in sustaining the point of order made by :Mr. Nix

~Ir. Kix called for the previous question and the call was sustained.

The main question was ordered.

:Mr. Campbell called for the ayes and nays and the call was sustained.

MoNDAY, JuLY 10, 1922.

175

The roll call was ordered and the vote was as follows:

Those voting- m the affirmative were Messrs:

~-\kin, L. R. Bellah, J. M. Brown, L. C. Campbell, R. \V.
Childs, E. "' Cone, Howell

Colson, D. l'. Da ,id, A. B. Fleming, \Y. 0. Foy, .John E. Hutehens, H. C. .Jones, .John H.

.Jones, 0. K. of 6th Peaeock, C. H. l:lnow, Russell E. Wall Dan \Vea,er, .J. D.

Those voting iu the neg-ative were Messrs:

Bond, l'has. N. Boykin, James H. Collum, J. :\I. Hollingsworth, J. l'. Hunt, T. :\1. .Jackson, J. B. .Johns, G. A.

Kimzey, Sam Nix, 0. A. Palmour, J. E. Pope, Da,id F. Rountree. ,J. L . l:lheffield, R. H . ~tomll, E. B.

Tarpley, R. 0. Taylor, Geo. \Y. Thomas, James R. WalkPr, B. F. Williams, Wiley \\'omble, :\1. D.

Those not voting- were Messrs :

Da\'idson, J. E. Ellis, R. C. Fleming, Denis Golucke, Ahin G. Haralson, Pat

Holmes, R. H. Ltssiter, \\'. H. :\!anson, Frank l'. .\Iills, .J. H. Riehanh;, \\'ill

Ridley, Dr., l'. L. Thorpe, E. ::\I. \\'ohlwender, Ed. :Mr. President

On the motion to reconsider the action of the Senate in sustaining the point of order made by Mr. )Jix the ayes were 17, nays, 20; and the motion was lost.

:Nf1. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

176

JouRNAL OF THE SENATE,

111r. President :

Your Committee on Privileges of the Floor has had under consideration the following Resolutions of the Senate and instructed me, as their Chainnnn, to report the same back to the Senate, with the reeommendation that the same do pass to-wit:

By Mr. Snow-
Resolved, That privileges of the floor be extend-
ed to Hon. M. M. Haygood, of Quitman, during his
stay in the City.

By Mr. Rountree-
Resolved, That privileges of the floor be extended Hon. Neil L. Gillis, of Soperton, Ga., a former member of this body, for a period of three days.

By Mr. Campbell-
Resolved, That privileges of the floor be extended Hon. Dan Chappell, of Sumter County, for a period of three days.

By l\fr. Boykin-
Resolved, That privileges of the floor be extendP.d Hon. H. B. Baylor, candidate for Governor of Georgia, for a period of three days.
J. E. PALMOUR, Chairman.

MoNDAY, JuLY 10, 1922.

177

The report of the committee was adopted.
)fr. Snow moved that the Senate do now adjourn
until 11 o'clock vVednesday morning.
The Chair ruled the motion out of order as the Senate had already established a precedent for such motions.
Mr. Snow appeaied from the decision of the Chair.
Mr. Jones; of 37th, called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

'rhose Yoting m the affirmative were Messrs:

Boml. Cha~. N. Boykin, .James H. Brown, L. C. Collum ..J. )I. Col~on, D. C. Elli~, R. C. Haralson, Pat Hollingsworth, J. C.

Hunt, T. }1. .Jaek,;on, J. B. Johns, G. A. Kimze~, Sam )1 iII>', .J. H. Nix, 0. A. Pope, David F. Rountree..T. L.

Sheffield, R. H. Stmall, E. B. Tarpley, R. 0. Taylor. G<>o. \V. Thomas, James R. Walhr. B. F. Williams. \Yiley Womble, )f. D.

Those voting in the negative were Messrs:

.-\kin, L. R. Bellah, .J. .\f. Campbell, R. W.

David, A. B. Foy, .John E. .Tone~, .John H.

Jones, 0. K. of 6th Snow, Russl'll E. Wall Dan

Those not Yoting were Messrs :

Childs, E. W. Cone, Howell Da\'idson, J. E. .Fleming, Denis Fleming, W. 0. Golueke, Alvin G.

Holmes, R. H. Hutchens, H. C. Lassiter, \V. H. .\fanson, Frank C. Palmour, J. E. Peacock, C. H.

Richards, \Viii Ridley, Dr., C. L. Thorpe, E. :M. Weaver, .J. D. \Vohlwender, Ed. Mr. President

178

J orRNAL OF THE SENATE,

On the appeal from the decision of the Chair the ayes were 24, the nays 9, and the decision of the Chair was upheld.
On the motion otf Mr. Snow that the Senate do now adjourn until 11 o'clock A. M. Tuesday, Mr. Nix having called for the previous question, Mr. Snow having calied for the ayes and nays and the call having been sustained, the roll call was ordered and the vote was as follows:

Those voting in the affirn1ative were Messrs:

Bond. l"ha~. X. Bo.vkin, ,James H. Collum, ,J. :\I. Haralson, Pat Hollingsworth, J. C. Hunt, T. :\I. .laekson, ,J. B.

Johns, G. .A. Kimzey, Sam Mills, J. H. Xix, 0. A. Pope, David F. Rountree, J. L. Stovall, E. B.

Tarpley, R. 0. Taylor, Geo. \\'. Thomas, ,Jame> lt. Walker, B. F. Williams, Wiley Womble, :\I. D.

Those Yoting in the negati,e were Messrs:

Akin, L.R Bellah, .J. :\I. Brown, L. C. t'amphell, R. \\-. t'hii<ts, E. \Y. t'ubon, IJ. l'.

Da,id, A. B. Ellis, R. C. Fleming, \Y. 0. Foy, .John E. Hutehens, H. C. Jones, John H.

.Jones, 0. K. of lith Peacock, C. H. ~now, Russell E. \Yall Dan \\'ohlwender, Ed.

Those not ,-oting were :Messrs :

( 'mw, Howell lladdson, J. E. Fleming, Denis Golu<"ke, Ahin G. Holmes, R. H.

La,.siter, \\'. H. :\!anson, Frank C. Palmour, J. E. Richards, \Viii Ridle~, Dr., C. L.

Sheffield, R H. Thorpe, E. .M. WeaYer, J. D. Mr. President

On the call for the previous question the ayes were 20, the nays 17, and the call was sustained.

MoNDAY, JULY 10, 1922.

179

The mam question was ordered.
Mr. Snow called for the ayes and nays and the call was sustained.
The roll eall was ordered and the vote was as folloWis:

Those voting m the affirmative were Messrs :

Akin, L. R. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell

Colson, D. C. Da,id, A. B. Ellis, R. C. Fleming, W. 0. Foy, John E.

Jones, 0. K. of !Jth Peacock, C. H. Snow, Russell E. Wall Dan 'Vohlwender, Ed.

Those voting in the negative were Messrs:

Bellah, J . .:\1. Bond, Chas. N. Boykin, James H. Collum, J. JI.. Haralson, Pat Hollingsworth, J. C. Hunt, T. JL .Jackson, J. B.

Johns, G. A. Jones, John H. Kimzey, Sam Nix, 0. A. Palmour, J. E. Pope, David F. Rountree, J. L . StO\all, E. B.

Tarpley, R. 0. Taylor, Geo. \V. Thomas, James R. lralhr, B. F. Williams, Wiley Womble, JI. D.

Those not voting were Messrs :

Da,idson, J. E. Fleming, Denis Golucke, Alvin G. Holme<:<, R. H. Hutchens, H. C.

Lassiter, ,V. H. :\lanson, Frank C. Jlills, J. H. Richards, Will Ridlt>y, Dr., C. L.

::;heft"ield, R. H. Thorpe, E. .:\I. \Veaver, J. D. Mr. President

On the motion to adjourn until Tuesday morning at 11 o'clock the ayes were 15, the nays were 22, and the motion was lost

On the motion of Mr. Jones of 37th that the Senate do now a9journ Mr. Snow called for the ayes and nays ~nd the call was sustained.

180

J"OURXAL OF THE SENATE,

The roll call was ordered and the vote was as follows:

rrhose voting m the affin:native were Messrs:

_-\kin, L. R. Bellah, J . .M. Brown, L. C. Camp)lell, R. W. Child.-, E. W. Collum, .J. )I. (nne, Howell

( 'o!Hon, D. l'. David, A. B. Elli>, R. C. Fleming, DeniH Fleming, \\". 0. Foy, .John E. .Jones, .John H.

.Jones, 0. K. of 6th Peacock, C. H. Hnow, Ru~sell E. Wall Dan \\"ohlwender, Ed.

Those voting in the negative were Messrs:

Bond, l'has. N. Boykin, James H. Haralson, Pat HollingHworth, J. C. Hunt, T. )1. .Jaek"on, J. B.

,JohnH, G. A. Kimzey, Sam Nix, 0. A. Palmour, J. E. Pope, Da,id F . Rountree, ,J. L.

Htovall, E. B. Tarpley, R. 0. Taylor, Gl'o. \\'. Thomas, Jame;; R. \Valktr, B. F. \\'omhle, )1. D.

'!'hose not voting were Messrs:

Dadclson, .J. E. (~olueke, Aldn G. Holme-:;, R. H. Hutthens, H. C. Lassiter, \V. H.

)lanHon, Frank C. Mills, J. H. Richard~, Will Ridley, Dr., C. L. Hhelfield, R H.

Thorpe, E. M. \Yea,er, J. D. Williams, \Yiley Mr. President

On the motion to adjourn the ayes were 19, the nays 18, and the motion prevailed.

The President announced the Senate adjourned until tomolTO\V morning at 10 o'clock.

TuESDAY, JuLY 11, 1922.

181

SENATE CHAMBER, ATLANTA, GA.

Tuesday, July 11, 1922.

The Senate met pursuant to adjournment at 10 o'clock A. M., and was called to order by the President.

Prayer was offered by the Chaplain.

Mr. Jones, of the 37th, asked unanimous consent that the roll call be dispensed with.

.Mr. Snow objected.

Mr. Thomas moved that the roll call be dispensed with.

1lr. Snow called for the Ayes and Xays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting m the affirmative were Messrs:

Bellah, J. }1. Bond, Chas. N. Boykin, .James H.
Frown, L. c.
Collum, J. :\I. Davidson, J. E. Golucke, Ahin G. Haralson, Pat

Hunt, T. :\l.
.Ja<k>on, .]. B. Johns, G. A. .Jone:-o, .John H. ~li I b ..J. H. Kix, 0. _-\,
Pahnour, .T. E.
Pope, Da,id F.

Rountree, J. L. Sheffield, R. H. Tarpley, R. 0. Thoma,;, .James R. 'Valker, B. F. \\"iII ia ms, \\"iley \\"ohlwender, Ed. \\"omble, :\I. D.

Those votingin the negative were Messrs:

Akin, L. R. Campbell, R. IV. Childs, E. '~' Cone, Howell Cobon, D. l'.

Ellis, R. C. Fleming, Deni,.; Fleminf!, IV. 0. Fo~, .John E. .Jones. 0. K. of (ith

:\Iam;on, Frank C. Peaeoek, C. H. Snow, Russell E. Thorpe, E. :\L \\'ea\er..J. D.

182

JOUR="AL OF THE SENATE,

Those not voting were Messrs :

Da,id, .A. B. Hollingsworth, J. C. Holmes, R. H. Hutchens, H. C.

Kimzey, Sam Lassiter, "~ H. Richards, Will Ridley, Dr., C. L.

Stovall, E. B. Taylor, Geo. '{ll. Wall Dan 1\11. President

On the motion to dispense with the roll call the Ayes were 24, the Nays 15, and the motion prevailed.

Mr. Campbell made the point of order that it took a two-thirds majority to change a rule of the Senate. The Chair sustained the point of order.

The Secretary proceeded with the call of the roll.

Mr. Brown moved that this Senate do now adjourn untilll o'clock Thursday morning.

:Mr. Nix called for the previous question.

Mr. Jones, of the 37th, called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting m the affirmative were Messrs:

Bone!, Chas. N. Boykin, James H. Brown, L. C.
Collum, J. ::\1.
l'one, Howell Davidson, J. E. Golucke, Alvin G. Haralson, Pat

Hollingsworth, J. C. Hunt, T. l\1. Jackson, J. B. .Johns, G. A. :Hills, .J. H. Nix, 0. A. Palmour, J. E. Pope, David F.

Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Stovall, E. B. Tarpley, R. 0. Walker, B. F. \\'iII iams, Wiley Womble, M.D.

TuESDAY, JuLY ~1, 1922.

183

Those voting- in the negative were Messrs:

Akin, L. R. Bellah, J. M. Campbell, R. W. Childs, E. Vi'. Colson, D. C. Ellis, R. C.

Fleming, DeniH Fleming, \Y. 0. Foy, .John E. .TOJH'~, .John H. .Tone", 0. K. of (itlt Peacock, C. H.

~now, Russl'll E. Thoma><, .Jame~; R. \\'ean!r, .J. D. \Volrlwl'nder, Eel.

Those not voting- were Messrs :

Da\id, A. B. Holme,., R. H. Hutehen~, H. C. Kimzey, &tm

Lassiter, \Y. H. .\[an><on, Frank l'. Rieharcb, \Yill Taylor, Gt>o. \\c.

Thorpe, E. .\1. \\'all Dan .\lr. l'rl'sicle:tt

On the call for the previous question the Ayes were 24 the Nays 16, and the call was sustained.

The main question was ordered. Mr. Jones, of 37th, called for the A~Tcs and Xays

and the call was sustained. The roll call was ordered and the Yote was as
follows:

'l'hose voting- m the affirmative were l\Iessrs:

Brown, L. C. Collum, ,J. .\I.

Foy, John E. Holmes, R. H.

Hunt, T. ::II. ~now, Ru~st>ll E.

Those voting in the negative were Messrs:

1\kin, L. R. Bellah, ,J. .\L Bond, Chas. N. Boykiu, .Tames H. Campbell, R. W. Childs, E. W. Cone, Howell Colson, D. C. Fleming, Denis Fleming, \V. 0. Golmke, Alvin G. .Harabon, l'at

Hollingsworth, J. C. ,JaekHon, J. B. .Johns, G. A. .TonP~, John H. .Jones, 0. K. of Uth Kimzey, Sam .\lills, J. H. Xix, 0. A. Palmour, J. E. PeaC'ock, C. H. Pope, Da\id F. Rountree. ,J. L.

~hE.>tfiPid, R. H. ~tmall, E. B. Taylor, Gto. W. Thomas, .James R. Thorpe, E. .M. \\'alkl'l, B. F. \\'all Dan \Yea\er, ,J. D. \\'illiams, Wiley \\'ohlwender, Ed. \\'omhle, :\1. D.

184

JOURNAL OF THE SENATE,

Those not voting were Messrs :

David, A. B. Davidson, J. E. Ellis, R. C. Hutchens, H. C.

Lassiter, \V. H. )!anson, Frank C. Richard~, Will Ridley, Dr., C. L.

Tarpley, R. 0. Mr. President

On the motion to adjourn until 11 o'clock Thursday the Ayes were 6, Nays were 35, and the motion was lost.

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

Mr. Presiden>t:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill Ko. 621. A bill to amend an Act approved Aug. 17, 1908, amending the Act incorporating the Town of Norcross.
House Bill Xo. 571. A bill to abolish the office of County Treasurer of Campbell County.
House Bill .Xo. 587. A bill to prevent taxing authorities of Counties of certain populations levying over 10 mills ad valorem taxes for certain purposes.
House Bill No. 604. A bill to amend the charter of the Town of Nicholson in Jackson County.
House Bill No. 580. A bill relative to the building and construction of certain work in Glynn County.

TuESDAY, JuLY 11, 1922.

185

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

Mr. PreSiidenf:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 62. A bill to allow common carriers to issue annual passes to Sheriff's and their bailiffs.
House Bill No. 586. A bill to amend an Act abolishing office of Justice of Peace in Columbus, Muscogce County, Georgia.
House Bill No. 584. A bill to amend the charter of the City of Claxton, in Evans County.
House Bill No. 581. A bill to grant to Glynn County certain marsh lands, and for other purposes.
House Bill No. 570. A bi.ll to establish a Count.y
Depository in Campbell County.
House Bill N'o. 619. A bill to confirm a sale by Commissioners of Commons of Columbus to J. T. Cooper.
The Secretary proceeded "'ith the call of the roll and the following Senators answered to their names:

186

JouRXAL OF THE SENATE,

Those present were :

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

Haralson, Pat Hollingswortl1, J. C. Holmes, R. H. Hunt, T. ~I. Hutchens, H. L'. ,Jackson, J. B. .Johns, G. A. .Jones, John H. .Jane~, 0. K. of 6th Kimzey, Sam 2\lanson, Frank C. Mills, .J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, Da,id F. Ridley, Dr., C. L.

Rountree, J. L. :-lheffield, R. H. Snow, Russell E. Htovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, Jame.; R. 'l'l10rpe, E. M . Walker, B. F . Wall Dan Weaver, J. D. Williams, Wiley \Vohlwender, Ed. \\"omble, ~1. D. Mr. President

Those absent were:
Richards, Will
Mr. Brown asked unanimous consent that the Constitution of the State of Georgia be read at this time.
Mr. Nix objected.
Mr. Brown moved that the Constitution of Georgia be read at this time.

l\Ir. ~ix called for the previous question ami the call was sustained.
The main question was ordered.
The roll call was ordered and the vote was as follows:

TUESDAY, JULY ll, 1922.

187

Those ,~oting in the affirmative were Messrs:

Akin, L. R. Bellah, J . .:\I. Brown, L. C. Campbell, R. W. Cone, Howell

Ellis, R. l'. Fleming, W. 0. Fo,,, .John E. Hutehens, H. l'. .Joms, John H.

,Jones, 0. K. of 6th ~now, Russell E. Thorpe, E. M. Wail Dan

Those voting in the negative were Messrs:

Bond, Chas. K. Boykin, James H. Childs, E. Vi'. Collum, J. l\1. David, A. B. Golueke, Alvin G.
Hollingsworth, J. c.
Hunt, T. M. Jackson, J. B.

,Johns, G. A. l~im.ze~r, San1 .\Iills, J. H. Xix, 0. A. Palmour, ,J. E. Peaeoek, C. H. Pope, Da,id F. Ridl<y, Dr., C. L. Rountree, ,J. L.

~heffield, R. H. ~to,all, E. B. Tarpley, R. 0 . Taylor, GPo. \V. Thomas, James R. \Valker, B. F. \Vea,er, J. D. Wohlwender, Ed. Womble, M.D.

Those not voting were Messrs :

Colson, D! C. Da,idson, J. E. Fleming, Denis Haralson, Pat

Holmes, R. H. Lassiter, \V. H.
~lanson, Frank C. HiC'hards, Will

Williams, Wiley Mr. President

On the motion to read the Constitution of Georgia the A~~es were 14, and the Nays were 27, and the motion was lost.

The following priYilege resolutions were read and referred to the Committee on Rules.

By Mr. Xix and Johns-
Senate Resolution No. 72. Resolved, That Sessions be from ] 0 A. l\L until 1 P. M. and from 3 P. M. arid 6 P. M. each day except Sundays and that individual speeches be limited to 10 minutes.

188

JouRXAL OF THE SEN"ATE,

By Mr. Jones, of 37th-
Senate Resolution No. 73. Resolved, That effective at the hour of 11 o'clock wednesday, July 12th, debate on any question shall be limited to ten minutes for each member desiring to speak, said member having the privilege of speaking twice on any question according to the existing rule.

By l\Ir. Jones, of 37th-
Senate Resolution Ko. 74. Resolved, That at the hour of 11 o'clock Wednesday, July 12th, the previous question on Senate Bill No. 24 shall be declared called by the President of this Senate and the main question shall be put without further debate or delay of any nature whatsoever.
The follO\ving privilege resolution was read:

By Mr. Nix and Mr. Johns-
Resolved that the hours of the Senate shall be from 10 A.M. till1 P.l\L and from 3 P.M. to 6 P.l\L every day except Sunday.
Mr. Johns called for the previous question.
Mr. Jones, of 37th, moved that the Senate do now adjoum.
Mr. Snow called for the a~rcs and nays and the call was sustained.

The roll call \Vas ordered aud the vote was as follows:

TuESDAY, J1.:LY 11, 1922.

189

'rhose ,oting in the affirmative were Messrs :

.-\kin, L. R. Brown, L. C. l'amphell, R. \V. ( 'hild,;, E. W. ('one, Howell Cobon, D. C. DaYid, A. B.

Da\"id,;on, ,J. E. Fleming, Denis Fleming, \V. 0. Foy, John E. Huhhens, H. C. .Tones, John H. ,Jones, 0. K. of 6th

Peacock, C. H . Snow, Russell E. Thoma>', .James R. Thorpe, E. ~I. \Vall Dan 'Weaver, J. D. Wohlwender, Ed.

Those ,oting in the negative were Messrs:

Bellah, .T. M. Bond, Chas. N. Boykin, .James H. Collum, J. ~I. Ellis, R. C. Golueke, Aldn G. Holling,;worth, .T. C. Hunt, T. ~1.

J aek>;on, ,T. B. .Johns, G. A. l{inlzey, San1 }fills, J. H. Xix, 0 ..-\. Palmour, J. E. Pope, Da,id F. Ridhy, Dr., l'. L.

Rountree, .J. L. ~helfield, R. H. ~toYall, E. B. Tarpley, R. 0. Taylor, Geo. \V. \Yalker, B. F. \\"illiams, Wiley \\'omble, ~I. D.

Those not voting were Messrs :

Harabon, Pat Holmes, R. H.

Las,;iter, \V. H. ~Ianson, Frank C.

Riehards, \\~ill }'lr. P1esident

On the motion to adjourn the Ayes were 21 and
Xays :2-, and the motion was lost.

Mr. Campbell moved that the Senate reconsider its action in defeating the motion to adjourn made by Mr. Jones of 37th.
Mr. Snow called for the Ayes and Nays and the call was sustained.

'riw roll call was ordered and the vote was as follows:

190

JOURNAL OF THE SENATE,

Those voting in the affirmative were Messrs:

Akin, L. R. Bella.h, J. ~1. Brown, L. C. Campbell, R. W. Childs, E. W. Cobon, D. C. Da,id, A. B.

Fleming, Denis Fleming, W. 0. Foy, John E. Hutchens, H. C. Jones, John H. .Jones, 0. K. of 6th Pea('ock, C. H.

Snow, Russell E. Thomas, James R. Thorpe, E. l\'1. Wall Dan \Veaver, J. D. \Vohlwender. Ed.

Those voting in the negative were Messrs:

Bond, Chas. N. Boykin, .James H. Collum, ,J. l\I. Elli~, R. C. Golucke, Ahin G. Haralson, Pat Holling~worth, J. C. Hunt, T. JI.

Jackson, J. B. Johns, G. A. Kin\zey, Sa.m 11ills, J. H. Nix, 0. A. Palmour, .J. E. Pope, Da,ici 1''. Ridlt>y, Dr., C. L.

Rountree, ,J. L. Hheffielcl, R. H. Htomll, E. B. Tarpley, R. 0. Taylor, Geo. \V. Walker, B. F. Williams, Wiley Womble, ~I. D.

Those not voting were Messrs :

Cone, Howell Da\'idson, ,J. E. Holme~, R. H.

Lassiter, \V. H. l\Ianson, Frank C. Riehards, Will

Mr. P1esident

On the motion to reconsider the Ayes were 20, the Xars were 24, and the motion was lost.

Mr. Jones, of the 37th, moved that the resolution be tabled.
Mr. Snow called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

TuESDAY, JuLY 11, 1922.

191

Those voting iu the affirmative were Messrs:

.-\kin, L. R. Bellah, .J. M. Brown, L. C. Campbell, R. W. Childs, E. W. Colson, D. C. Da,id, A. B.

Elli~, R. C. Fleming, Denis Fleming, W. 0. ~'o_,., .John E. Hutchens, H. C. .Jones, .John H. .Jones, 0. K. of 6th

Palmour, ,J. E. Peacock, C. H. Snow, Russ!'ll E. Thomas, James R. Thorpe, E. )1. Wall Dan \Vohlwender. Ed.

Those voting in the negative were Messrs:

Bond, Chas. N. Boykin, James H. Collum, J. :\L Golucke, Alvin G. Haralson, Pat Hollingsworth, J. l'. Hunt, T. M. Jackson, J. B.

,John~, G. A. Kimzey, Sam )1ill~, .J. H. Nix, 0. A. Pope, David F. Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H.

:;to,an, E. B. Tarpley, R. 0. Taylor, Geo. \\'. Walker, B. F. \Villiams, Wiley Womble, )L D:

Those not voting were Messrs :

Cone, Howell Davidson, J. E. Holmes, R. H.

Lassiter, \\i. H. )!anson, Frank C. Richards, Will

\\"ea,er, J. D. :Mr. President

On .the motion to table the resolution the Ayes were 21, the Nays were 22, and the motion was lost.

Mr. Brown moved that the Senate reconsider in defeating the motion to table the resolution.

:Mr. Snow called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

192

JOURNAL OF THE SENATE,

Those voting in the affirmative were Messrs:

Akin, L. R. Bellah, ,J. :\1. Brown, L. C. Camphell, R. W. Childs, E. W. Colson, D. C. David, A. B.

Ellis, R. C. Fleming, Denis Fleming, \V, 0. Foy, John E. Huh.hens. H. C. Jones, John H. Jones, 0. K. of 6th

Peacock, C. H. Snow, Russell E. Thomas, Jaml's R. Thorpe, E. ~1. Wall Dan \Vea\er, J. D. Wohlwender, Ed.

Those voting in the negative were Messrs:

Boml. Chas. N. Boykin, .James H. Collum, ,T. :\1. Golueke, Alvin G. Haralson, Pat Holling~worth, J. C. Hunt, T. :\I. Jaek~on, J. B.

Johns, G. A. Kimzey, Sam )fills, J. H. Nix, 0. A. Pope, David F. Ridley, Dr., C. L. Rountree, J. L. Rheffield, R. H.

Stovall, E. B. Tarpley, R. 0. Taylor, Geo. \V. Walker, B. :F. Williams, Wiley Womble, :\I. D.

'fhose not voting were Messrs:

Cone, Howell Da\'idson, .J. E. Holme;;, R. H.

Lassiter, \V. H. :\Ianson, Frank C. Palmour, .J. E.

Richards, Will Mr. President

On the motion that the Senate reconsider its action in defeating the motion to lay the resolution on the table the Ayes were 21 the Nays 22, and the motion was lost.

Mr. Foy moved that the Senate do now adjourn.

Mr. Snow called for the Ayes and Nays and the call was sustai.ned.

The roll call was ordered and the vote was as follows:

TUESDAY, JULY 11, 1922.

193

Those voting in the affirmative were Messrs:

Akin, L. R. Bella.h, J. )f. Brown, L. C. Campbell, R. \Y. Chil<b, E. W. Col~on, D. C. Dadll, A. B.

Fleming, Deni~ Fleming, \V. 0. Foy, John E. Hutchens, H. C. .Jones, .John H. .Jone~, 0. K. of 6th Pea(()(k, C. H.

Snow, Russell E. Thomas, .Jame~ R. Thorpe, E. ~1. Wall Dan Weaver, ,J. D. \\'ohlwender. Ed.

Those voting in the negative were Messrs:

Boml. Chas. N. Bo~kin, .James H. Collum, .J. )I. Elli~, R. C. Golu~ke, Alvin G. Harabon, Pat Holling-worth, ,J. l'. Hunt, T. )I.

Jackson, J. B. .John", G. A. Kimzey, Sam :0.1 ills, .J. H. N"ix, 0. A. Palmour, J. E. Pope, David F. Ridlt~, Dr., C. L.

Rountree, .) . L. " Sheffield, R. H.
Sto,all, E. B. Tarpley, R. 0. Taylor, Geo. \V. "'alker. B..F. \Villiams, \Yiley \\'omhle, )J. D.

Those not voting were 1Iessrs:

Cone, Howell Davidson, J. E. Holmes, R. H.

Lassiter, \V. H. :O.Ianson, Frank C. Riehards, \Viii

:Mr. President

On the n-iotion to adjourn the Ayes were 20, Nays were 24, and the motion was lost.

On the call for the previous question Mr. W ohlwender called for the Ayes and Kays and the call was sustained.

The I~oll call was ordered and the vote was as follows:

'rhose voting m the affirmative were Messrs:

Boml. l'has. N. Boykin, .James H. Collum, .J. ~I. Golueke, Alvin G. Haralson, Pat

Hollingsworth, J. C. Hunt, T. M. .Jaekson, ,J. B. .Johns, G. A. Kimzey, Sam

:O.lills. ,J. H. Nix, 0. A. Pope, David F . Ridlly, Dr., C. L. Rountree, .T. L.

Sig. 7-Senate

194

JoL:RXAL OF THE SEXATE,

Sl etrield. R. H. StoYall, E. B. Tarple~, R. 0.

Taylor. GLo. W. \Valkl'r, B. F. \Yilliams. Wiley

\Yomhle, :u. D.

Those Yoting- in the negative were Messrs:

Akin, L. R. Bellah, J. }1, Brown, L. ('. Campbell, R. W. Childs, E. W. Da,id, A. B. Ellis, R. C.

Fleming, Deni~ Fleming, \Y. 0. Fo~, .John E. Hutchen~. H. C. .Jones, .John H. .Tones. 0. K. of 6th ~eacO<k, C. H.

:-:;now, Russl'll E. Thomas, .Jam'~ R. Thorpe, E. )1. \\'all Dan \Veaver, J. D. \Vohlwender, Ed .

Those not voting were :Messrs :

Cone, Howell Colson, D. C. DaYidson, .J. E.

Holme.:, R. H. T"a~siter, \Y. H. )!anson, .Frank C.

l'almour, J. E. Richard~, \Yill Mr. President

On the call for the previous question the Ayes were 22, the Nays 20, and the call was sustained.

l\Ir. \Vholwhender moved that the Senate recon. sider its action in calling the previous question.
::\fr. Snow called for the Ayes and Nays and the call was sustained.
Tlw roll call was ordered and the vote was as follows:

Those ,-oting- Ill the affirmative were Messrs:

Akin, L. R. Bellah, J. }f.
Brown, L. c.'
C'amph<'ll, R. W. Childs, E. W.
Colson, D. C. DaYid, A. B.

Elli~, R. C. Fleming, Denis Fleming, \V. 0. Foy, .John E. Hutchen~. H. C. .TonE>~, .John H. .Jones, 0. K. of 6th

Pl'a(oek, c. H.
Snow, Rusr.ell E. Thomas, James H. Thorpe, E. )I. \Vall Dan \Veaver, J. D. Wohlwender, .Ed.

TuESDAY, .JULY 11, 1922.

195

Those Yoting- in the uegatiYe were Messrs:

Bond. l'has. N. Boykin, .James H.
Collum, ,J. :u.
Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Hunt, T. )1, Jack>on, J. B.

.John~, G. A. Kimze~, Sam )1ilb, ,J. H. Nix, 0. A. Pahnour, .J. E. Pope, Da,id F. Ridlc~, Dr., C. L. Rountree..J. L.

Hheffield, R. H . Hto,all, E. B. Tarpley, R. 0. Taylor, Geo. W. \YalkPr, B. F. Williams, \Viley Womble, :\I. D.

Those not voting were :Messrs :

Cone, Howell Davidson, .J. E. Holme,., R. H.

LaRsiter, W. H. )Janson,. Frank C. Rid1ards, Will

Mr. President

On the motion that the Senate reconsider its actioi1 in calling the previous question the Ayes were 21, Nays were 23, and the motion was lost.

l\lr. \Vohlwender moved that the Senate do now adjoum.

:Mr. Snow called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those ,oting m the affirmative were Messrs:

Akin, L. R. Bellah, J. l\L Brown, L. C. Camplwll, R. W. Colson, D. C. Da\'id, A. B. Fleming, Denis

Fleming, \V. 0. Foy, .John E. Hut(hens, H. C. .Tone~, .John H. .Tone~. 0. K. of 6th Peaeo...k, ( '. H. Hnow, Rn>'H<'ll E.

Thomas, J1tmes R. Thorpe, E. }1. Wall Dan \\'eaver, J. D. \Vohlwender, Ed.

196

.JOl:RNAL OF THE SENATE,

Those Yoting in the negatiYe were Messrs:

Bond, Chas. N. Boykin, .James H. Collum, J. 1f.
:Em~, R. c.
Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Hunt, T. M.

Jackson, J. B. .John$, G. A. Kimzey, Sam :Ylills, J. H. Nix, 0. A. Palmour, J. E. Pope, David 1<'. Ridley, Dr., C. L.

Rountree, J. L. ~heffield, R. H . ~tovall, E. B. Tarpley, R. 0.
Taylor, Geo. ,Y.
\Yalker, B. 1'. \Yilliams, Wile~
Womble, :\I. D.

Those not voting were Messrs :

Childs, E. W. Cone, Howell Davidson, J. E.

Holmes, R. H. Lassiter, \V. H. :\!anson, F1arik C.

Ri<hards, Will Mr. President

. On the. motion that the Senate do now adjourn the Ayes were 19, ~ays were U and the motion was lost.

J\Ir. Wohlwender moved that the resolution be tabled.

Mr. Campbell called for the Ayes and Nays and the call was sustained.

The hour of adjournment having arrived the President announced the Senate adjourned until tomorrow morning a~t 10 o'clock.

WEDXESDAY, .JuLY 12, 1922.

197

SE~ATE 0HAl\iBER, ATLANTA, GA.,
Wednesday, July 12, 1922.
The Senate met pursuant to adjournment at 10 o'clock .A. l\L and was called to order by the President.

Prayer was offered by the Chaplain.
l\Ir. Thomas asked unanimous consent that the call of the roll be dispensed with.

:Mr. Campbell objected.
)ir. Thomas moved the call of the roll be dispensed with.

)!r. Oampbeli called for the ayes and nays and the call was sustained.

The roll call was ordered and the vote was as follows:

Those voting m the affirmative were Messrs:

Akin, L.R Bellah, .J. }f. Brown, L. C. Campbell, R. W. Child!<, E. W. Cmw, Howell

Da1id. A. B. FlPming, Deni~ Fo~, .John E. {{olucke, Ahin G. Holme~. R. H. .Ton~<, .John H.

Pea!~ock, C. H. Thoma!', .Tames R. Thorpe, E. M. Wall Dan

ThosE:' ,oting in the negative were Messrs:

Bond. Cha~. X. Bo~kin, .James H. ~onum, J. :\1. Elli,, R. C.
Harabon, Pat Holling>worth, .J. {'. Hunt, T. )I. .Jack<on, .J. B.

.Jolms, G. A. Kimzey, Sam LasHiter, \Y. H. ~ix, 0. A. Palmour, ,J. E. Pope, David F. Ridhy, Dr., C. L. ~heffield, R. H.

Htovall, E. B. Tarpley, R. 0. Walhr, B. F. Williams, Wiley \Vohlwender, Ed. \\'omble, :\I. D.

198

JOURNAL OF THE SENATE,

Those not voting were Messrs:

Colson, D. C. David~on, J. E. Fleming, W. 0. Hutchens, H. C. Jone~, 0. K. of 6th

.:\latll;on, Frank C. :\1ill~, J. H. ,Richards, Will Rountree, J. L. 1-lnow, Ru~sell E.

Taylor, Gco. \Y. vVeaver, J. D. Mr. President

On the motion to dispense. with the call. of the roll
the ayes were 16, the nays were 22, and the motion was lost.

The Secretary proceeded with the call of the roll.
Upon the call of the roll the !following Senators answered to their names :

Akin, L.R. Bellah, J. ::\I. Bond, l'has. N. Boykin, .James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, .J. )I. Cone, Howell Da,id..-\. B. Elli~, R. C. Fleming, Denis Fleming, \V. 0. Fo,1, .John E. Golueke, Alvin G. Haralson, Pat

Hollingsworth, J. C. Holmes, R. H. Hunt, T. :\I. Jal'k~on, J. B. .John~, G. A. .Jones, .John H. Jones, 0. K. of 6th Kimze~, Sam Lassiter, \V. H. :.\!anson, Frank C. Mills..J. H. ~ix, 0. A. PPaeoek, C. H. Pope, Dal'id F. Ridlty, Dr., C. L. RountrPe, J. L.

1-lheffield, R. H. Snow, Russell E. Hto,an, E. B. TarpiP,V, R. 0 . Taylor. Gro. \Y. Thomas, .James R. Thorpe, E. ::\L \Yalktr. B. F. Wall Dan \\7ea1er, ,J. D. Williams, \Viley "'ohlwender, lid. Womble, ::VI. D. :Mr. President

ThoHe absent were:

Colson, D. C. Da1idson, .J. E.

Huteheus, H. l'. Palmour. J. E.

Ril'hanls, Will

WEDNESDAY, JuLY 12, 1922.

199

State of Georgia, Executive Dept., Atlanta, Ga., July 11, 1922.

The following message was received from His Excellency, the Governor, 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 invites your attention.

STATE 0~' GEORGIA:

EXECrTIVI<J DEPARTMEXT,

ATLAXTA.

To the Geueral Assembly of 01'uryia:
In February, 1922, the State Board of Entomology made a contract with The Sherwin-Williams Company, of Cleveland, Ohio, to furnish to the farmers of Georgia, through the State Board of Entomology, sufficient stocks of Calcium Arsenite to meet the demands ancl requirements of the farn1ers of Georgia, at alHl for the contract price of nine (9c) cents per pound, deli,ered in car load lots at any point in Georgia.
Since the execution of the aforesaid contract the price of Calcium Arsenite has advanced, and the State Department of Enotomology is having con-

200

.JouRNAL OF THE SENATE,

siderable trouble in securing the performance of the contract by The Sherwin-Williams Company.
Under the distressing agricultural conditions in Georgia, this is a gran~ menace to our cotton crop, and it is most important that the General Assembly shall take immediate steps to giYe to the State Board of Entomology funds with which to secure the performance of the contract by said Sherwin-"\Villiams Company, ant.l to otherwise provide for Calcium Arsenite for the farmers of Georgia.
House Bill No. 377, by Mr. Williams, of Walton, has already been recommended by the Committee on Appropriations and Ways and Means, and is now on the calf>ndar of the House ready for passage.
I earnestly urge ~ou to give immediate consideration to the above measure, as it is believed that its passage will gTeatly relieve the above situation.

Respectfully subrnitted,
THo::vrAs vv. HARnwrcK,
Governor.
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.
At the request of Mr. Lassiter Senate Bill No. 172 was withdrawn from the Committee on General J u-

.WEDNESDAY, JULY 12, 1922.

201

diciary No. 1, read the second time, and re-committed.

Mr..PaJmou~, Ohairman of the Committee on PriYileges of the Floor, submitted the following repor:t:

Mr. President:
Your Committee on Privileges of the Floor has had under consideration the following Resoiutions of the Senate and instructed me, as their Chairman, to report the same hack to the Senate, with the recommendation that the same do pass, to-wit:

By :VIr. Palmour-

Resolved, That the privileges of the floor be extended to Ex-Senator Veasy during his stay in the City.

By Mr. Clay-
Resolved, That privileges of the floor be extended to Mr. J. H. Johnson, of Cherokee County, for three days.
J. E. PALMOUR, Chairman.

The report of the committee was adopted.
Mr. Thomas, Vice-Chairman of the Committee on Rules, submitted the following report:

Jcn:RXAL oF THE SE::-<ATE,
Mr. Ptesident:
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:
By Mr..Jones, of 37th District-
Resolved, That at 11 o'clock A. M. vVednesday, .Tul~' 12, 1922, the previous question on Senate Bill :No. 24 shall be declared called by the President of this Senate and the main question shall be put without further debate or delay of any nature whatsoeYer.
J AS. R. THO::VIAS, Vice-Chairman.
The report of the committee was adopted.
:Mr. Xix asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time and the consent was granted.
l\Ir. Ridley asked unanimous consent that House Bili No. 322 creating Georgia Code commission be withdrawn from the Committee on Appropriations and Finance and re-committed to the committee on General Judiciary Ko. 1 and the consent was granted.
Mr. vVahlwender asked unanimous consent that Renate Bill No.2, known as the Capitol Removal Bill, he witl1drawn from the Committee on Constitu-

''TEDXESDAY, JuLY 12, ]922.

203

tional Amendments, read the Second time and I'ecommended to the Committee on Constitutional Amendments, and the consent .was granted.
The following bills were introduced, read the first time, and relferred to committees:

By Mr. Snow-
Senate Bill No. 209. A bill to repeal an Act abolishing the fee system in Southern Judicial Circuit as to Solicitor General.
Referred to the Committee on General Judiciary ~o. 1.

By :Mr. Manson, by request--
Senate Bill No. 210. A bill to authorize Trustees of Tech to charge and collect a reasonable tuition..
Referred to the Committee on University of Geor-

By Mr. Manson-
Senate Bill No. 211. A bill to provide for the punishment of criminals who are between the ages of sixteen and twenty-one.
Referred to the Committee on General Judiciary No.1.
B~y Mr. :MansonSenate Bill No. 212. A bill to create an auditing
and accounting department.

204

JO"CRKAL OF THE SE:~ATE,

Referred to the Committee on Auditing.

By Mr. JohnsSenate Bill No. 213. A bill to create a new char-
ter of the Town of Statham, Georgia.
Referred to the Committee on Corporations.

By Mr. HaralsonSenate Bill No. 214. A bili to establish rules and
regulations for the protection of game. Referred to the Committee on Fish and Game.

By ~Ir. Fleming of the lOth District-
Senate Bill No. 215. A bill to authorize the Game Commissioner to co-operate with U. S. Department of Agriculture.
Referred to the Committee on Fish and Game.

B~ Mr. ThomasSenate Bill No. 216. A bill to amend the Georgia Motor Vehicle La:w, and other purposes.
Referred to the Committee on Public Roads.

By Mr. Clay and Mr. Golucke-
Sena.te Bill Ko. 217. A hill to prescrihP tlw procedure for application for certiorari from Court of Appeals to Supreme Court.
Referred to the Committee on Special Judiciary.

WEDNESDAY, JULY 12, 1922.

205

By Mr. ThomasSenate Bill No. 218. A bill to incorporate the
City of Jesup, and to provide for certain officers.
Referred to the Committee on Corporations.

By Mr. David-
Senate Bill No. 219. A bill to repeal Act amending road Iaws of Georgia .in the County of Gordon.
Referred to the Committee on Public Roads.

Br ::Ur. Wohlmender-
Senate Bill No. 220. A bill to amend the Georgia \Vork:rnau 's Compensation Act by striking out certain sections and substituting in lieu thereof certain others.
Referred to the Committee an Commerce and
Labor.

By Mr. Haralson-
Senate Bill No. 224. A bill to provide for revocation of licenses of certain companies in insurance husiness.
Referred to the Committee on Insurance.

By Mr. Haralson-
Senate Bill 225. A bill to require manufacturers, etc., to place labels on bottles of goods for human consumption showing formula.

206

J OURXAL OF THE SEX ATE,

Refenecl to the Committee> ou Hygieue ancl Sanitation.

By Mr. Cone, Mr. Childs and Mr. Fleming of 8th-
Senate Bill No. 226. A bill to substitute a board of control of 5 members for board of trustees of the University of Georgia.
Referred to the Committee 9n University of Geor-
gia.

By :Nlr. Snow-
Senate Bill No. 221. A biil to abolish fees accruing to Solicitor General of Southern Judicial l )istrict and other purposes.
Referred to the Committee on General .Judiciary No.1.
B~r :Mr. Pope-
Senate Bill Xo. :222. A bill to amend Section 2 of Act approved August 17, 1912, by providing certain penalties and other purposes.
Referred to the Committee on Agriculture.

Senate Bill Xo. 2:23. A hill to amend Section 2615, Code of 1910, to prescribe the number of members of Railroad Commission.
Referred to the Committee on Corporations.

\VEDXESDAY, JuLY 12, 1922.

207

The fol1o"1ing message was received from the House through Mr. Moore, the Clerk thereof:

Mr. P1esident:
The House has passed by the requisite Constitutional majority the following Bills of the House, to-wit:
House Bill No. 70. A bill to authorize Common Carriers to sell articles of unclaimed baggage and freight in certain cases.
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 o.f the House, to-wit:
House Bill No. 601. A bill to amend the Act creating the City Court of Thomasville.
House Bill Ko. 61 7. ~\ bill to fix the compensation of Jury Commissioners in countiPs of a certain population.
House Bill Ko. 600. A bill to amend an Act entitled ''An Act to improve the condition of the Fire Department of the City of Augusta.''
House Bill No. 658. A bill to repeal an Act to establish the City: Court of Ashburn in Turner County.

:208

J-OURNAL OF THE SENATE,

Hause Bill No. 55. A bill to abolish the fee system now existing in the Superior Courts of Tallapoosa Judicial Circuit.
Mr. Snow asked unanimous consent that Senate Bill No. 124, providing for the safety of the public at all railway crossings, be taken from the table and recommitted to the Committee on Railroads, and the consent was granted.
}.i[r. Bond asked unanimous consent that Senate Bill No. 203, amending the Workmen's Compensation Act, be withdrawn from the Committee on General Judiciary No. 2 and re-conunitted to the Committee on Commerce and La'bor and the consent was granted.
Mr. Ellis asked unanimous consent that Senate Bill No. 38, providing for creation of County Commissioners be taken from the table and re-committed to the Committee on Counties and County Matters and the consent was granted.
Mr. Palmour, . C!hairman !of the Co:m.ID(i.ttee on Privileges of the Floor, submitted the following report:

M t'. P-resident :
Your Committee on Privileges of the Floor has had under consideration the following Resolutions of the Seriate and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:

WEDNESDAY, JULY 12, 1922.

209

By Mr. Snow-
Resolved, That the privileges of the floor ,be extended to Hon. Jerome Crawley, of Waycross, for three days.

By Mr. Johns-
Resolved, That privileges of the floor be extended to Hion. H. 0. Camp, of Winder, for a period of three days.
J. E. P ALMOUR, Chairman.

The report of the committee was adopted.
l\Ir. Brown asked unanimous consent that Senate Bill No. 184, abolishing the Bureau of Markets, be withdrawn from the Commitee on Agriculture, read the second time and re-committed to the Committee on Agriculture and the consent was granted.
The following resolution was introduced, read and ordered to lay over for 1 day.
By -:\lr. Ridley-
Resolved, That the appropriations made by Congress of the United States for the welfare and hygiene of maternity and infancy be accepted by the State of Georgia.
The hour of llo 'clock A. M. having arrived and acting under Senate Resolution No. 24 the following bill was read the third time and put upon its passage.

~10

J OCRXAL OF THE SENATE,

By .Mr. vYomble, et al-
Senate Bill No. 24. A bill to repeal an act known as the Tax Equalization Act.
Cnder Senate Resolution No. 74 the main question was ordered.
On the question as to whether or not the main question shall be put Mr. Jones, of the 37th called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

TllOHL' yotiug in the affinnative were Messrs:

.-\kin, L. H. B01lah, .J. ~1. Bon<!. (']m,. N. Boykin, .James H. ( 'amphell, R. \Y. Childs, E. \Y. Collum .. J. ~I. l'mw, Hoi\'PII l"obon, D. C. lht1id ..-\.B. Ellis, R. C. Fltming, Deni:-; Fleming, \\. 0. Foy, .John E. (iohukt, c\hin <1.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. ~I. .Jad.;:son, J. B. .Joluts, G. A. .Tones, .John H. Jones, 0. K. of lith I~iluzey, 8an1 Lassiter, \Y. H. ~!ills ..f. H. Xix, 0. A. I'Pa<t)('k, l'. H. Pope, DaYid F. L{idlt~, Dr., l'. L.

Rountree, ,J. L. ~hefl'ield. R. H. ~now, Russell E. ~tO\all, E. B . Tarpley, R. 0. Taylor, Geo. \\". Thonta>', .Jame' R. Thorpe, E. ~L \\'alktor. B. F. \Yall Dan \\'illiams, \Yiley \\'ohl\\'ellder. Ed. \\'omhle, ~1. ll.

Tho:-;p ,oting iu the negative were Messrs:
Brown, L. C.

Those not Yoting were Messrs:

])a,idson, .J. E. Hut<h<'ll>'. H. l'.. ~Iauson, Frank C.

Palmour..T. E. Riehards, \\"ill \Yea\er ..T. D.

:Mr. President

~WED""'ESDAY, JuLY 12, 1922.

211

On the question of whether or not the main question shall now ibe put the ayes were 43, the nays were 1, and the main question was put.
On the passage of the bil1 the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Bond. Chas. N. Boykin, .James H. Collum, J. ?.1.
Golueke, Ahin G. Harabon, Pat Holling"vorth, J. C.
Hunt, T. ::\I.
.Jackson, ,J. B. .John,;, G. A.

Kimzey, Sam T.assiter, \V. H. ~Iilb, .J. H. Nix, 0. A. Pope, David F. Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H . Stmall, E. B.

Tarpley, R. 0. Taylor. Geo. \Y. Thomas, .James R. \ValkPr. B. F. Williams, \Yiley \Vomble, ~I. D. ~Ir. Presid<>nt

ThoRP Yoting in the negative were Messrs:

Akiu, L. R. Bellah, J. ?.L BrO\nt, L. C.
( amphell, R. " ( 'hil<b, E. \\'. l'01w, Howell Coh<on, D. C.

Da,-id .-\. B. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, .John E. Holmes, R. H. .Jmws, .John H.

.Jones, 0. K. of lith Peac()(k, C. H.
Snow, Rt""''ll E. Thorpe, E. ~J. \Yall Dan \Vohlwender. Ed.

Those not voting were Messrs:

Da \'icbon, .J. E. H ut('hens, H. l'.

:\lan,;on, Frank C. l'almour, ,J. E.

Richard>, \Yill \Veaver, J. D.

On the passage of the bill the ayes were 25, nays were 20, and the bill was lost.

The hour of adjournment having arrived the President announced the Senate adjourned until tomorrow morning at 10 o'clock, Central Time.

212

.Jot:RXAL OF THE SE~ATE,

SE~ATE CHAMBER, ATLAXTA, GA.

Thursday, July 13th, 1922.

The Senate met pursuant to adjournment at 10 o'clock A. M. and was called to order by the President.
Prayer was offered by Rev. \Valter M. Blackwell of Atlanta.
By unanimous consent the roll call was dispensed with.
Mr. .B'oy, 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 yesterdays proceedings was dispensed with.
Mr. \Vomble asked unanimous eonsent that Senate Bill Ko. 34 be .taken from the table and placed upon the calendar and the consent was granted.
:Jlr. Lasseter asked unanimous consent that Senate Resolution Ko. 22 be taken from the table and placed upon the calendar.
:Jir. Golucke asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time and the consent waH granted.
The following bills were introduced, read the 1st time and referred to committee.

THuRsDAY, Jn.Y 13, 1922.

213

By Mr. Thorpe and .Mr. C'oile-
Senate Bill No. 227. A bill to amend Codto hy providing for the execution of deeds outside tl~e State of Georgia.

Referred to the Committee on General .Judiciar.Y No.1.

By .:\Ir. Pope of 44th-
Senate Bill No. 228. A bill to amend Cod~ relH tive to employment agencies.
Referred to the Committee on Appropriations a.n.d Finance.

By .Mr. Bellah and Mr. Pope-
Senate Bill No. 229. A bill to amend Code relative to road tax in counties of certain population.
Referred to the Committee on General Judiciary
No.1.

By .:\lessrs. Tarple~~ and Campbell-
Senate Bill ::\ o. 230. A bill to authorize the Legislature to add one or more additional Judges of Superior Court for Stone Mountain Circuit.
Referred to the Committee 'on Special Judiciary.
.:\h. :\!ills, Chairman of the Committee on General Agriculture submitted the following report:

214

JouRXAL OF THE SENATE,

JJ r. President:
Your Committee on General Agriculture has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate, 'vith the recommendation that the same do pass, to-wit:
Senate Bill 198. To provide for the licensing of nurserymen.

Respectflilly submitted, J. H. :MILLS, Chairman.

~Ir. Lassiter, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
JJ r. President: Your Committee on General Judiciary No. 1 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 tlw recommendation that the same do pass, to-wit:
Senate Bill No. 172. House Bill No. 322.
LASSITER, Chainnan.

}Ir. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

THURSD.\.Y, J t_LY 13, 1922.

21;]

Mr. President:
Your Committee on Special J udiciar~ has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate, \Yith the recommendation that the same do pass, to-wit:
Senate Bill Xo. EJ5. To re-arrange the Tifton Judicial Circuit.
Senate Bill Xo. 202. To amend Sec. 4381 of the Code.

GorxcKE, Chairman.

.:\Ir. Childs, of the 12th, Chairman of the Committee on Education submi-tted the following report:
Mr. Presideut: Your Committee 011 :E~clucation has had under con-
sideration the following bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate, \Yith the recommendation that the same do pass, to-wit:
SenatP Bill Xo. 17/. Senate Bill Xo. 208 (b~- substitute).
CHILDs, Chairman.

~Ir. )Janson, Chairman of the Committee on Pensions submitted the following- report:

216

J OlJRNAL OF THE SE~ATE,

Mr. President:
Your Committee on Pensions 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. 91. To repeal an Act to create a Roster Commission.
Respectfully submitted,
MANSON, Chairman.

Mr. J. M. Bellah Vice-Chairman of the Committee on General Judiciary No. 1 submitted the following report:

irlr. President:
Your Committee on General Judiciary No. 1. has had mider consideration the following bills of 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:
A bill to repeal the County Court of Chattooga County. Senate Bill No. 191, and a bill to establish the City Court of Summerville in and for the County of Chattooga. Senate Bill No. 189.
J. M. BELLAH, Vice-Chairman. D~ F. PorE, 44th, T.nL HuNT, J. B. JACKSON, R. 0. TARPLEY.

THURSDAY, JuLY 13, 1922.

217

The following bills, favorably reported, were read the second time.

By Mr. Bellah-
Senate Bill No. 191. A bill to repeal Act creating Count~r Court of Chattooga County.

By Mr. Bellah-
Senate Bill No. 189. A bill to create the City Court of Summerville, County of Chattooga.

By .Mr. Thomas-
Senate Bill No. 208. A bill to establish a Juvenile Court, and to fix their Jurisdiction,. and other purposei'.

By Mr. GoluckeSenate Bill No. 202. A bill to amend Sec. 4381
of the Civil Code of Georgia.
By Mr. CollumSenate Bill Xo. 177. A bill to amend an Act en-
titled an Act to establish consolidated schools.
By Mr. RidleySenate Bill Ko. 198. A bill for the licensing of
nurserymen, and dealers in nursery stock.

By Mr. Williams-
Senate Bill No. 195. An Act to rearrange the Tifton Judicial Circuit.

218

.JoeRXAL oF THE SEXATE,

~Ir. Haralson, of the 40th, asked unanimous consent to withdraw Senate Bill ~o. 225 from the Committee on Hygiene and Sanitation, read the second time and recommitted to the Committee on Temperance and the consent was granted.
The following House Resolution was read and adopted:

By :\ir. Hamilton of Floyd-
House Resolution Xo. 136. A. resolution urging members of Congress from Georgia to use their influence to secure Muscle Shoals for Henry Ford.
The follo\viug Resolution was read and ordered to lay over one da~.

By ::\Ir. Golucke-
Senate Bill ~o. 78. A resolution to provide for additional revenue for pensions by taxing soft drinks.
The following resolution was read and taken up for consideration:

By :\fessrs. \Vohlweuder, Lasseter, et al.-
Senate Resolution So. 22. A. resolution relative to Capitol Removal Bill.
Mr. Boykin called for the previous question and the call was sustained.
:\Ir. Golucke called for the Ayes and Nays and the call was sustained.

THURSDAY, JULY 13, 1922,.

219

The roll call was ordered and the vote was as follows:

Those Yoting m the affirmative were Messrs:

Bellah, J. l\f. Bond. Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. l\1. Cone, Howell Colson, D. C. Da,id, A. B. Ellis, R. C. Fleming, Denis Fleming, \Y. 0.

.Foy, .John E. Golu!"kP, AlYin G. Holme.., R. H. Hunt, T. M. Talk~on, J. B. .Johns, G. A. ,Jones, John H. Kimze~, Sam Lassite1, \Y. H. :\fill,, .J. H. Palmour, J. E. Pea<'oek, C. H. Sheffield. R. H.

::>now, Russell E. f'tonlil, K B. Tarpley, R. 0. Taylor, Gt!o. \V. Thomas, James R. Thorpe, E. M . \Valker, B. F. \Vall Dan weaver, J. D. \Yohlwender, Ed. \Yomble, :\I. D.

Those voting in the negative were Messrs:
Popl', Dadd F.

Those not Yoting were l\Iessrs:

Akin, L. R. Da,idson, J. E. Haralson, Pat Hollingsworth, J. C. Hutehem<, H. C.

.Jone><, 0. K. of 6th .\Janson, Frank C. ~ix, 0. A. Ril'hanl", Will Hidh-~, Dr., C. L.

Rountree. J. L. Williams, Wiley Mr. President

On the passage of the resolution the Ayes were 37 the Kays 1.

The resolution having received the requisite constitutional majority was passed.

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

220

.JouR~AL oF THE SENATE,

Mr. President:

The House has read and adopted the following Resolution of the House to-wit:

House Resolution No. 152. A resolution proYid-
ing for appointment of a Joint Committee to receive
subscriptions for placing memorials of Alexander
H. Stephens and Dr. Crawford vV. Long in the Hall
of Fame at Washington.

:Mr. W ohlwender asked unammous consent that the resolution be immediately transmitted to the House and the consent was granted.

The following House Resolution was read and ordered to lay over one day.
House Resolution ~o. 152. By Messrs. DeLaPerriere and Swindle of Jackson, DuBose and Dudlay of Clarke, Reville, McDonald and Pilcher of Richmond, Russell of Barrow and others.
~lr. Manson asked unanimous consent that Senate Bill ~o. 179 be withdrawn from the consideration of the Senate and the consent was granted.
The following message was received from the House through Mr. Moore, the Clerk thereof:

Mr. PresideHt :
The House has passed by the requisite Constitutional majority the following Bills of the House, towit:
House Bill No. 328. A bill to provide for election

THURSDAY, JuLY 13, 1922.

221

prescribed by Par. 1, Section 4, Article 8 of Constitution relative to taxes for school purposes.

House Bill Xo. 5G3. A bill to change the county site of Calhoun County from Morgan to Arlington.

House Bill No. 598. A bill to create a State Depository at \Vaynesboro, Burke County, Georgia.

The following House Bills were read first time and referred to committee.

B~- l\lr. Swindle and DeLaPerriere of Jackson-
House Bill :Xo. 604. A bill to amend charter of Town of Nicholson.
Referred to the Committee on Corporations.

B~- :\Ir. Hunter-
House Bill ~o. 70. A bill to authorize common carriers to sell freight which is unclaimed, and other purposes.
Referred to the Committee on Railroads.

B~ 2-Ir. Camp-
House Bill No. 571. A bill to abolish the office of County Treasurer of Campbell County.
Referred to the Committee on Counties and County ::\Iatters.

222

JOURNAL OF THE SENATE,

By :Mr. Houston-
House Bill No. 621. A bill to Amend the Act incorporating the town of Norcross.
Referred to the Committee on Corporations.

By Mr. Camp-
House Bill No. 570. A bill to establish a County Depository in Campbell County, and other purposes.
Referred to the Committee on Banks and Banking.

By ~Ir. SingletaryHause Bill No. 587. A bill to prevent levying a
certain tax in certain counties and other purposes. Referred to the Committee on Appropriation and
Finance.
By Mr. HodgesHouse Bill No. 584. A bill to amend the charter
of the City of Claxton.
Referred to the Committee on Corporations.

By .)lr. PruettHause Bill X o. 62. A bill to allow common
carriers to issue passes to sheriffs and deputies. Refeuecl to the Committee on Railroads.
By :Mr. MooreHouse Bill Ko. 609. A bill to amend Act creating

T.HURSDAY, J L'LY 13, 1922.

223

a Board of ('ommissioners of Roads and ReYenue for the County of Appling.

Referred to the Committee on Counties and County l\Jatters.

B~r :Mr. MannHouse Bill Xo. 581. A bill to Grant to Glynn
County certain marsh lands. Referred to Committee on Public Property.

B~r ~Iessrs. X eil, Hatcher and Perkins of Muscogee-
House Bill Xo. 586.. A bill to amend au Act Abolishing Justice Courts of Muscogee ('ounty, and other purposes.
Referred to the Committee 011 General Judiciary Xo. 2.

B~ )Jr. )faun-
House Bill to build and construct certain roads il1
Gl~rnn Count~r.

Referred to the Committee on Public Property.
B~r ~lr. CowartHause Bill No. 563. A bill to change the County
site from :Morgan to Arlington. Referred to the Committee on Privileges and
Elections.

224

JouRNAL oF THE SENAI:E,

By Mr. Carswell-

Honse Bill No. 328. A bill to provide for election prescribed in Par. 1, Sec. 4, Art. 8 of Constitution.

Referred to the Committee on Constitutional Amendments.

B~r Mr. Pilcher and McDonald-
House Bill No. 600. A bill to amend Act to improve the Fire Department of City of Augusta.
Referred to the Committee on Corporations.

B~ ~fr. Hatcher-
House Bill No. 598. A bill to establish a State depositor~' at Waynesboro, Burke County, Georgia.
. . Referred to the Committee on Banks and Banking.

By ::\I r. Guess-
House Bill No. 617. A bill to fix compensation of .Jury Commissioners, and for other purposes.
Referred to the Committee on Special Judiciary.
By 2\Iessrs. ~eil, Perkins and Hatcher of l\:Iuscogee-
House Bill No. 619. A bill to Ratify and confirm a certain sale of certain lands by Commissfoners of Commons of City of Columbus.
Referred to the Committee on General Judiciary Xo. 2.

THURSDAY, JeLY 13, 1922.

225

By :Mr. BranchHouse Bill No. 6158. A bill to repeal an Act estab-
lishing the City Court of Ashburn.
Referred to the Committee on Special Judiciary.

B~ Mr. whitley-
House Bill No. 55. A bill to abolish the fee system in Superior Court of Tallapoosa Judicial Circuit as to Solicitor General.
R.eferrred to the Committee on Special Judiciary.

By ~Jr. :Mcintyre and Jones of ThomasHouse Bill Xo. 601. A bill to amend the Act
creating- the City Court of Thomasville. Referred to the Committee on Special Judiciary.
By }Jr. Ricketson-
Honse Bill No. 602. A bill to amend an Act to establish Public Schools for Town of Warrenton, \Vanen County.
Referrred to the Committee on Special Judiciary.
B~ ~Ir. HerringHouse Bill No. 565. A bill to Provide for salary
of Treasurer of County of Schley.
Referred to the Committee on Counties and County Matters.
The following Senate Resolution was read and taken up for consideration.
Sig. 8--8enat<>

226

JOURNAL OF THE SENATE,

By Messrs. Thomas and Brown-
Senate Resolution No. 68. A resolution requesting certain information from the Commissioner of Agriculture.

Mr. Wohlwender offered the following amendment.
''Amend by adding in appropriate place the words 'The House Concurring' and also by adding 'FiYe members from the House' to the Committee.''

The amendment was adopted.

Mr. Brown offered the following amendment.
''Amend by adding paragraph to include the expense account of all employees or agents of the Department.
Requiring that said Reports be submitted not later than Tuesday July 18, 1922.
The amendment was adopted.
Mr. Jones of 37th offered the following substitute.
"Be it resolved that a Committee of three Senators be appointed by the President to obtain from the Commissioner of Agriculture of Georgia a detailed statement over his sworn signature, of employees and salaries, fees and expenses for each and every employee for the fiscal year of 1921-1922 or any part threof and any other informatio.: i 11 order to further clarify the Comptroller-GeN'rlls report of estimated appropriations f0r the A~rieul-

THURSDAY, JULY 13, 1922.

227

tnre Department for 1922 as compar-ed with the estimated appropriations for 1921 and report same back to the Senate on Monday, July 24th, 1922."
Mr. W ohlwender offered the following amendment to the substitute.
''Amend by adding to said substitute 'all Departments of State'."
The amendment was adopted.
The substitute, as amended, was adopted.
On the passage of the resolution by substitute as amended the Ayes were 28, the Nays were none.
The resolution having received the requisite constitutional majoritr was passed.
Mr. Brown moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned untillO o'clock tomorrow morning.

228

JoeRXAL oF THE SExAn:,

SENATE CHAMBER, ATLANTA, GA.

Friday, July 14, 1922.
The Senate met pursuant to adjournment at 10 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 correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges of the Floor has had under consideration the following Resolutions 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:

By Mr. PalmourResolved, That privileges of the Floor lw ex-
tended to the Ron. Ed. Pomeroy, of Atlanta, for a period of three days.
J. E. PALMOUR, Chairman.

.

FRIDAY, JULY 14, 1922.

229

The report of the Committee was adopted.
Mr. Palmour, Chairman of the Committee on PriYileges of the Floor submitted the following report:

Mr. President:
Y aur Committee on Privileges 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 recommendation that the same do pass, to-wit:

By Mr. Taylor of 46th -
Resolved, That priYileges of the floor be extended to Ron. Vernon Padgett, of Boxley, Georgia, for a period of three days.
J. E. PALMOUR, Chairman.

The report of the committee was adopted.
~Ir. Golucke asked unanimous consent that House Bill ~o. 602 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. Golucke asked unanimous consent that Senate Resolution No. 78 be taken up for consideration at this time and the consent was granted.
The following resolution was read and taken up for consideration.

230

JouRNAL OF THE SENATE,

By Mr. Golucke-

Senate Resolution No. 78. A resolution to provide for additional revenue for pensions by taxing soft drinks.
Mr. Cone offered the following amendment:
''Amend by striking from Sections 1, 2, and 3 of said resolution the figures and percent definitely expressed therein.''
The amendment was adopted.

Mr. Nix offered the following amendment.
"Amend Section 1 by adding the word 'professional' before the words 'baseball or football gams'."
The amendment was adopted.

Mr. Bond offered the following amendment:

''Amend by adding 'also a tax on pool rooms, dance halls, and like places of amusements.' ''

The amendment was adopted.

Mr. Brown moved that the resolution with all amendments be tabled.

Mr. Brown called for the ayes and nays and the call was sustained.

The roll call was ordered and the vote was as follows:

FRIDAY, JuLY 14, 1922.

23J

Those voting in the affirmative were Messrs:

Brown, L. C. Jone~, .John H.

~now, Russell E. Thomas, James R.

Those voting in the negative were Messrs:

Bellah, J. 3.1. Bond, Cha... N. Boykin, .James H. Childs, E. W. Collum, J. :\I. Cone, Howell Colson, D. C. DaYid, A. B. Da,idson, J. E. Ellis, R. C. Fleming, Denis

Fleming, W. 0. Foy, John E. Golucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Johns, G. A. . .Jones, 0. K. of 6th Kimzey, Sam ~ix, 0. _o\, Palmour, .J. E.

Richards, Will Sheffield, R. H. ~tovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thorpe, E. :\1. \VeaYer, J. D. "~ohhv<:>nder, Ed . Womble, )f. D.

Those not voting were :Messrs :

Akin, L. R. Campbell, R. W. Haralson, Pat Hutchens, H. C. ,Jack~on, J. B. Las~iter, \V. H.

)Janson, Frank C. . ~Iills, .J. H. Peacock, C. H. Pope, David F. Ridley, Dr., C. L. Rountree, J. L.

Walktor, B. F. \Vall Dan Williams, Wiley Mr. Presitlent

On the motion to table the resolution the ayes were 4, the nays 31, and the motion was lost.

~Ir. \Vohhvender offered the following amendment:

''Amend hy adding also tax on notes, also privilege tax for rec.ording deeds, mortgages, etc."

The amendment was adopted.
Mr. Thomas offered the following amendment:
''Amend by including shooting galleries and public dance halls.''

JorHXAL OF THE SEXATE,
The amendment was adopted.
On the passage of the resolution as amended the ayes were 35, the nays were 5.
The resolution having received the requisite constitutional majority was passed.
The President appointed the following Senators to act under Senate Resolution No. 68: Messrs Cone, Boykin, Thomas.
1fr. Wohlwender moved that when the Senate adjourn today it stand adjourned till Monday, July 24, at 11 o'clock A. M. and the motion prevailed.
Mr. Golucke asked unanimous consent that Senate Bill 42 and House Bill 240 be taken from the table and placed upon the calendar and the consent was granted .
.Mr. HaraTson, Chairman of the Committee on Public Property, submitted the following report:
Mr. President: Your Committee on Public Property 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:
House Bill No. 580. To build and construct certain roads in Glynn County.
House Bill 581. To grant to Glynn County certain marsh lands.

FRIDAY, JuLY 14, 1922.

233

Mr. Nix, Chairman of the Committee on General Judiciary Ko. 2, submitted the following 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. 206, regulating Fire Insurance Companies and for other purposes.
Respectfully,
Nix, Chairman.

::.\Ir. Thorpe, Chairman of the Committee on Insurance, submitted the following report:

1111-. President:
Your Committee on Insurance, has had under consideration the following bins 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. 224. To provide additional grounds for revoking licenses in th~ -business of irisurance against liability of various kinds.
Respectfully sumbitted,
E. M. THORPE, Chairman.

234

JOURNAL OF THE SENATE,

Mr. Jones, 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 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. 148. Senate Bill193.
JOHN HL JONES, Chairman.

Mr. Golurke, Chairman of the Committee on Spef'ial J udician', submitted the following report:

lJ1 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 hack to the Senate, with the recommendation that the same do pass, to-wit:
House Bill No. 601. To amend the Act creating the City Court of Thomasville, July 13, 1922.
GoLucKE, Chairman.
The followi:t;1g message was received from the House through Mr. Moore, the Clerk thereof:
111r. President: ':Phe House has passed by the requisite Constitu-

FRIDAY, JuLY 14, 1922.

235

tional majority the following Bills of the Senate, to-wit:

Senate Bill No. 167. A bill to establish a public sC'hool system for the town of Sparta.

The following message was 1eceived 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 House, to-wit:
House Bill No. 645. A bill to create a Board of Commissioners for Elbert County.
House Bill No. 646. A bill to a'bolish locaT school system for Town of Stapelton.
House Bill No. 648. A bill to amend an Act establishing a Board of Commissioners for Colquitt County.
House Bill No. 661. A bill to amend an Act establishing a eharter for City of Sylvester.
House Bill No. 666. A bill relative to payment of fees by Commissioners of Baldwin County.
House Bill No. 683. A bill to amend an act creating a Board of Commissioners for Jasper County.
The following message was received from the House through ::Mr. Moore, the Clerk thereof:

236

J OFR:XAL OF THE SEN"ATE,

j}[r. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 556. A hill to amend the. charter of City of Washington.
House Bill No. 597. A bill to repeal an act making tax collectors ex-officers sheriffs.
House Bill 627. A bill to amend an act to establish City Court of Claxton.
House Bill No. 634. A bill to change time of holding Superior Court of Baker County.
Hause Bill No. 638. A bill to amend the charter of the City of Pearson.
House Bin No. 640. A bill to change time of holding Superior Court of ';Vheeler County.
House Bill No. 643. A bill to amend an Act relative to time of holding Superior Court of Tattnul County.
The following message was received from the House through Mr. 1\Ioore, the Clerk thereof:

Jlr. President:
The House has passed b~- the requisite Constitutional majority the following Bills of the House, towit:
House Bill No. 233. A bill to appropriate money

FRIDAY, JULY 14, 1922.

237

for the South Georgia State Normal College at Valdosta.
House Bill No. 596. A bill to abolish the City Court of Hazelhurst.
The following House Bills, favorably reported were read the second time :

By Mann, of Glynn-
\
House Bill 581. A bill to grant to Glynn County
certain marsh lands.

B~ :\Ir. J\Iann, of Glynn-
House Bill No. 580 .A.bill relative to building and construction of certain roads in Glynn .County.
The following Senate Bill favorably reported was read the second time:

By .Mr. Womble-
Semlte Bill193. A bill to repeal .Act incorporating Town of Crest.
The foliowing Senate bills, fa~ora:bly reported, were read the second time:

By :\Ir. David (by request)-
Scuatc Bill ~ o. 148. A hill to amend au Act establishing a charter for City of Calhoun.

B~-- 3Ir. HaralsonSenate Bill 224. A bill to provide additional

238

JovRKAL Ol" THE SEXATE,

grounds for revoking licenses of companies engaged in business of insuring against liabilities of various kinds.

T'he following House Bill favorably reported was read the second time:

By Mr. Mcintyre and Jones, of Thomas-
House Bill 601. A bill to amend Act establishing charter for Thomasville.
The following Senate Bills were introduced, read first time and referred to committee:

By Mr. Wamble-
Senate Bill 232. A bill to require all persons operating automobiles to stop same at end of all covered bridges.
Referred to the Commitee on Public Roads.

By Mr. ChildsSenate Bill ~ o. ~33. A bill to amend Section 14 of
Act to Codify the School Laws of Georgia.
Referred to the Committee on Education.

B~ Mr. Hollingsworth-
Senate BiH No. 234. A bill to amend Section 2484. of Civil Code of Georgia of 1910.
Referred to the Committee on General Judiciary No.1.

FRIDAY, JuLY 14, 192:2.

239

The following Senate Bill, favorably reported, was read the second time :

By ~Ir.}(ilnzey--
Senate Bill X o. 206. A bill to regulate the taking out of }"'ire Insurance Policies.
The following Senate Bill was introduced, read the first time and referred to committee :

By ~fr. Lassiter--
~enate Bill No. 231. A bill to amend Act relative to time of holding the Superior Court in various comitiesof Cordele Circuit.
Referred to Committee on General Judiciary No.1.
The following House hills were read the first time aH<l referred to Committee:

B~ ::\lr. Stone of .Jeff Davis--
House Bil1 No. 597. A hill to repeal Act relative to Tax Collectors heing made ex-officio Sheriffs in cPrtain counties.
Referred to the Committee on General Judiciary 1\o. :2.

By ::\Ir. Smith of F.lhcrt-
House Bill No. 6-!5. A bill to create Board of Commissioners of Roads and Revenues of Elbert
Count~.

240

JorHN"AL oF THE SE~ATE,

Referred to the Committee on Counties and County ::\Iatters.

By Messrs. Harris ancl King of .Jefferson..:_
House Bill No. 646. A hill to abolish local school system in Town of Stapleton.
Referred to the Committee on Corporations.

By ~lr. Ennis of Baldwin-
House Bill No. 666. A hill to require Commissioner of Roads and Revenues of Baldwin County to pay fees to certain officers.
Referred to the Committee on Com1ties aiid County ::\Iatters.

By ~Ir. Phillips of JasperHouse Bill No. 683. A bill to amend Act creating
Board of Commissioners of Rm1ds and Revenues for .T<1Sper County.
Referred to the Committee on Counties and County 1latters.
B~ .Mr. Bo11eman of vVorthHouse Bill No. 661. A bill to amend Act creating
charter for Cit.\ of Sylnster. Referred to the Committee 011 Corporations.
By l\Iessrs. \Vhitaker and \\'ebb of Lowndes and \Voodarcl of Cook-
House Bill Xo. 23:1. A bill to ap]Jropriat~ tD Board

FRIDAY, JULY 14, 1922.

241

of Trustees for University of Georgia for use m South Georgia State Normal School.
Referred to the Committee on Appropriations and Finance.

By Messrs. Bobo and Ficklen of WilkesHouse Bill )Jo. 556. A bill to amend charter of
City of \Vashiugton. Referred to the Committee on Corporations.
By :Mr. vValker of Baker-
House Bill 634. A bill to change the time of holding Superior Court in Baker County.
Referred to the Committee on Special Judiciary.

By :Ulr. Corbitt of Atkinson-
House Bill Xo. 638. A bill to amend the charter of City of Pearson.
Referred to the Committee on Corporations.

By ~Iessrs. Clark and Lewis of ColquittHouse Bill Xo. 648. A bill to amend Act estab-
lishing Board of Commissioners of Colquitt County. Referred to the Committee on Counties and County
:Matters.
By Mr. \Vheeler of SumnerHouse Bill No. 640. A bill to change and fix timt
for holding Superior Courts of Wheeler County.

242

JOURNAL m' THE SEKATE,

Referred to the Committee on Special Judiciary.

By Mr. Holland of Tattnall-

House Bill No. 643. A bill to amend Act providing

for holding two terms of Superior Court of Tattnall

County.



Referred to the Committee on Special Judiciary.

By Mr. Stone of J e:ff Davis-
House Bill No. 596. A bill to abolish Act establishing City Court of Hazelhurst.

Heferred to the Committee on Special Judiciary.

By 1\Ir. Hodges of Evans-
House Bill No. 627. A bill to amend Act establishing City Court of Claxton.
Referred to the Commitee on Special Judiciary.

By :\Jr. Bellah-
Senate Bill No. 191. A bill to repeal County Court of Chattooga County.
The report of the committee, \Vhich was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, Kays 0.
The bill having received the requisite constitutional majority, was passed.

FRIDAY, JULY 14, 1922.

243

By 1fr..Bellah-
A Senate Bill ~o. 189. A bill to create City Court of Summerville.
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 constitutional majority, was passed.
The following Senate bills were read the third time and put upon their passage:

By ).lr. Clay-
Senate Bill ~o. 174. A bill to amend Code relative to bail in misdemeanor cases.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
<>u the passage of the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutional majority, was passed.

By }fr. Manson-
Senate Bill Ko. 172. A bill to carry into effect amendment to Constitution relative to abolition of .Justice Courts, 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 27, Nays 0.

244

.TorRX.\L oF THE SEXATE,

The bill having received the requisite _constitutional majority, was passed.
Mr. Nix moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned until Monday morning at 11 o'clock.

~fOXDAY, JrLY 17, 1922.

245

SENATE CHAMBER, ATLANTA, GA.,

Monday, July 17, 1922.

The Senate met pursuant to adjournment at 11 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 dis.pensed with.
Mr. Foy, Chairman of the Committee on Journals, reported that the .Journal of Friday's proceedings had been examined and found correct.
By unanimous consent the reading of the ,Journal of Friday's proceedings was dispensed with.
l\Ir. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:
Mr. President: Your Committee on Privileges of the Floor has
had under consideration the following resolution of the Senate and instructed me, as their Chairman, to report the same hack to the Senate, with the recommendation that the sanw do pass, to-wit:

By :Jir. Palmour-
Resolved, That the privileges of the fioor be extended to Col. Stafford R. Brooks of Dalton, Ga., for a period of three days.
J. E. P ALl\WUR, Chairman.

246

JouRKAL oF THE SENATE,

The report of the Committee was adopted.

Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges of the Floor has had under consideration the following resolutions 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:

By l\Ir. Golucke-
Resolved, That the privileges of the floor be extended to Hon. J. C. Williams of Greensboro for three days.

By Mr. Brown-
Resolved, That the privileges of the ftoor be extended to :Mrs. A. 0. Harper of Elberton, Ga., for three days.

By Mr. Manson-
Resolved, That privileges of the floor be extended to Hon. W. F. Brandt for three (Jays.

By Senator Pope of the 44th-
Resolved by the Senate, That the privileges of the floor be extended to the HOI1orable George C. Glenn, formerly member from the 43rd, and erstwhile author of the ''Woman's Wiles and Rainbow Hosiery

::\IoxDAY, JrLY 1'7, E)22.
Act,'' better known as ''The Blandishment Bill,'' and is also author of substitute to Senator -Wilkinson's Bathing Bill, and other serious amendments, poet laureate, etc.
May he feel at home and enjoy himself to the full capacity of all mountaineers and moonshiners, and disport his flaming red necktie to his heart's content.
J. E. P ALMOUR, Chairman.
The report of' Committee was adopted. 1\Ir. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special .J udicim~ 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-"it:
House Bill No. 658. To abolish City Court of Ash bum.
GoL-ccKE, Chairman.
The following message was recei,ed from the House through :\Ir. :\Ioore, the Clerk thereof:
Mr. President: The House has passed b~- the requisite Constitu-
tional majority the following bills of the House, to-wit:

2+8

JouRXAL oF THI<: SExATE,

House Bill No. 715. A bill to amend the Act establishing the City Court of Dawson.

House Bill No. 577. A bill requiring non-residents of Camden County to secure licenses to fish in said county.

House Bill No. 572. A bill to amend the Act creating a .Municipal Court of Atlanta.

House Bill No. 582. A bill to amend an Act establishing a Board of Commissioners of Roads and Reverrues for Evans County.
House Bill No. 697. A bill to amend the charter of the City of Fitzgerald.
'J.lhe following message was received from the House through Mr. Moore, the Clerk thereof:

Mr. President:
The House has read and adopted the following resolution of the House, to-\vit:
House Resol'ution Xo. Hi4. A resolution extending greetings to the American Legion assembled in vVaycross.
Jlr. Nix asked unanimous <'onsent that House Bill No. 6:21 be withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Corporations, and the consent was granted.
1Ir. J olms asked unanimous consent that Senate Bill No. 213 be withdrawn from the Committee on

. MoxDAY, JrLY 17, 1922.

249

Corporations, read the second time and recommitted to Committee on Corporations, and the consent was granted .

.Mr. \Vohlwender asked unammous consent that House Bill No. 619 be withdrawn from the Committee on General Judiciary No. 2, read the second time and recommitted to the Committee on. Special Judiciary Ko. 2, and the consent was granted.
~:Ir. Pope asked unanimous consent that all Senators having bills and resolutions to introduce be all'owed 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 .Messrs. David and Clay-
Senate Bill .No. 235. A bill to amend Constitution to consolidate offices of County Tax Collector and County Tax ReceiYer.
Referred to the Committee on Constitutional Amendments.

B) .:\:Ir. \Vall-
Senate Bill .No. 236. A bill to amend Georgia l\Iotor Vehicle Laws.
Referred to the Committee on Puhlic Roads.

Br Mr. ChildsSenate Bill No. :287. A bill to repeal Act to estab-

250

JouR~AL oF THE SENATE,.

lish the Public School Systein in the Town of Richland.
Referred to the Committee on Education.

B~, l\Ir. Thomas-
Senate Bill No. 238. A bill to prohibit any officers of law from advising an~ person to plead guilty to violation of Penal Code.
Referred to the Committee on General Judiciary No. :2.

By :Messrs. Clay and Nix-
Senate Bill No. 239. A bill to amend Constitution relative to imposing a privilege tax upon all recorded instruments, etc.
Referred to the Committee on Constitutional Amendments.

By ~ir. Manson-
Senate Bill No. 240. A bill to amend Civil Code relative to increase of the capital stock of trust compames.
Referred to the Committee on Banks and Banking.
The following bill, favorably reported, was read the second time :

By ~lr. Bramh of Turner-
House Bill No. 658. A bill to repeal Act establishing City Court of Ashburn.

MoNDAY, J"CLY 17, 1922.

2il

Mr. Golucke asked unanimous consent that House Bill 1\o. 556 be withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Corporations, and the consent was granted.

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

By Mr. Parks of Terrell-
House Billl\o. 715. A bill to amend an Act establishing City Court of Dawson.
Referred to the Committee on Special Judiciary.

By Mr. Hodges of Evans-
House Bill No. 582. ~-\. bill to amend an Act providing a Board of Commissioners of Roads and Revenues in Evans County.
Referred to the Committee on Counties and County Matters.

By ~1r. Vocelle of Camden-
House Bill No. 577. A bill requiring non-residents to procure license to fish in fresh waters of Camden County.
Referred to the Committee on Corporations.

By Messrs. Bentley, Holloway and Moore of Fulton-
House Bill No. 572. A bill to amend an Aot creating Municipal Court in City of Atlanta, Georgia.

252

.Jot:HKAL oF THE SEXATE,

Referred to the Committee on General Judiciary No.2.

By Mr. Luke of Ben Hill-
House Bill ~o. 697. A bill to amend Sections 33, 34 and 35 of chmter of Fitzgerald, relative to registration of voters.
Referred to the Committee on Corporations.
The following bills haYing been favorably reported were read third time and put upon their passage:

By Mr. Collum-
Senate Bill Xo. 177. A hill to amend Act establishing one or more consolidated schools in each county of Georgia.
The report of the committee, which was favorable to the pass.age of the bill, was agreed to.
On the passage of the hill the Ayes were 27, Nays 0.
The hill hnYing receiYed the requisite constitutional majorit~, was passed.

By ~fr. Golucke-
8enate Bill ~o. 20:2. A bill to amend Civil Code relative to plaintiffs heing non suited.
The report of the committee, which was favorable to the passage of the bill, 'vas agreed to.
On the passage of.the bill the ~-\yes were 27, ~ays 0.

MoNDAY, J't'LY 17, 1922.

253

The bill_ having received the _requisite constitutional majority, was pa.ssed.

By :Mr. Womble-
Seuate Bill N'o. 193. A bill repealing Act incnrporating Town of Crest.
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, Nays 0. ~y ~lr. David (By request}-
The bill having received the requisite Constitutional majority, was passed.
Senate Bill Xo. 148. A. bill to amend A.ct establishing charter for City of Calhoun.
The repOI't of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the A.yes were 37, Nays 0. The bill having received the requisite constitutional majority, was passed.

By :Mr. :Manu of GlynnHouse Bill Xo. 581. A. bill to grant certain marsh
lands to Glynn County.
The report of the commit_tee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the .-\yes were 38, Nays 0. The bill having rec-eived the requisite constitutional majority, was passed.

254

JouRNAL OF THE SENATE,

By Mr. Mann of Glynn-

House Bill No. 580. A bill relative to building and construction of certain roads in Glynn 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, ~ays 0.

The bill having received the requisite constitutional majority, was passed.

By :Messrs. Macintyre and Jones of Thomas-
House Bill No. 601. A bill to amend Act creating Cit~ 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.
::\lr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. Prr>sident:
Your Committee on Privileges of the Floor has had under consideration the following resolution and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:
That the privileges of the floor be extended to Ex-

MoNDAY, JuLY 17, 1922.

255

Senator Edwards of the 32nd District during his stay in the city.

J. E. PALMouR, Chairman.

The following House resolution was read and adopted:

By Messrs. Neill of Muscogee and Beckham of Dougherty-
House Resolution No. 164. A resolution expressing hope to the Georgia section of American Legion that their meeting at 'Waycross will be successful.
The following bill favorably reported was read the third time and taken up for consideration:
By )ir. Thomas-
Senate Bill No. 94. A bill to provide for the assessment giving an approval of the supersedeas bonds in this State.
)Jr. Brown cal1ed for the previous question, 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 agreed to.
~1r. Boykin called for the Ayes and Nays, and the call was sustained.
The roll call was ordered and the vote was as follows:

256

JotrBNAL oF THE SENATE,

Those voting in the affirmative were Messrs:

Bellah, J. lf. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. l:I. Da,id, A. B. Davidson, J. E. Fleming, Denis }'o~, .John E.

Golucke, Alvin G. Hollingsworth, J. C. Hunt, T. M. ,Johns, G. A. Jones, 0. K. of 6th liill11, J. H. Xis:, 0. A. Palmour, J. E. Pope, David F.

Sheffield, B.. H. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Weaver, J. D. Wohlwender, Ed.
Womble, M. D.

Those voting in the negative were Messrs:

Ho~kin, .James H. Elli~, R. C.

Flemill@, W. 0. Holmes. R. H.

Richards, Will Snow, Rus11ell E.

Those not voting were Messrs :

Akin,L.R. Bond, l'has. N. Cone, Howell l'olHon, D. C. Haralson, Pat Hut<'henH, H. C. Jatk,;on, J. B.

.Ione~, John. H. Kimze~, Sam Lwu;iter, W. H. liansou, Frank C. l'eacoek, C. H. Ridley, Dr., C. L. Rountree, .J. L.

Thorpe, E. :.\I. Walktr, B. F. Wall Dan Williams, Wiley Mr. PrBilident

Ayes 26, NaJS 6.

On the passage of the bill the ayes were 2(i1 Nays 6.
The bill having received the requisite Constitutional' majority, was passed.

~\:Ir. Thomas moved that the Senate do now adjoum, and the motion prevailed.

The President s.nnon.nced the Senate adjourned until tomorrow morning at 10 o'clook.

TuESDAY, JuLY 18, Hl22.

257

SENATE CHAMBRR, ATLANTA, GA.

Tuesday, J ul~r 18, 1922.

The Senate met pursuant to adjou~nment at 10 o'clock A. M., and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll was dispensed with.
Mr. Foy, Chairman of the Committee on Journals, reported that the Journal of yesterdays proceedings bad been examined and found correct.
By unanimous consent the reading of the J oumal of yesterdays proceedings was dispensed with.
Mr. Golucke asked unanimous consent that Senate Bill X o. 217 be withdrawn from the Committee on Special Judiciary, read the 2nd time, and recommitted to the Committee on Special Judiciary and the consent was granted.
:\Ir. Jackson asked unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time and the consent was granted.
J\lr. Golucke asked unanimous consent that House Bill Xo. 640 be withdrawn from the Committee 011 Special Judiciary, re.ad the 2nd time, and recommitted to the Committee 011 Special Judiciary and the consent was granted.
The following resolution was read and adopted.
Sig. 9-Senate

258

JoeRXAL m' THE SEXATE,

By. .Mr. David-

Senate Resolution No. 79. A resolution accepting the invitation of the woman's Club of the Ci.ty of Atlanta to a Garden Party.
Mr. Palmour asked unanimous consent for leave of absence for July 19 and July 20th, 1922 and the consent was granted.
The following resolution was read and adopted.

By .l\lessrs. Thorpe, Hutchins, !''leming of 8th and
C~ay-
Senate Bill Ko. 80. A resolution prodding for a joint session of the General Assembly on July 25th, 1922, to hear Senator Harris of the United States Senate.
l\fr. Goluck<>, Chairman of the Committee on Special .Judiciary, submitted tlw following report:

Mr. Presid-ent:
Your Committee on Special .Judiciary has had under consideration the following bi11s 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. 643. House Bill No. 596. House Bill Xo. 63. House Bill X o. 627.
GoLUCKE, Chairman.

Tl:"ESDAY, ,hTLY 18, 1922.

259

l\Ir. Ellis of the 47th District, Chairman of the Committee on Public Roads submitted the folh,wing report:

Mr. President:
Your ( 'ommittee 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 No. 219.. Do pass. Senate Bill No. 232. Do pass. Senate Bill No. 176. Do pass b~- substitute. This July 18, 1922. Respectfull~ submitted,
ELLIS, Chairman.

l\Ir. Golucke, Chairman of the Committee on Special .Judiciary, submitted the following report.

1ll r. President:
Your Committee on Special J udici:ary 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 tlw recommendation that the same do pass, to-wit:
House Bill Xo. 556. To amend the c.harter of the Cit~ of 1Nashingtou.
GoLUCKE, Chairman.

260

.JocRKAL OF THE SExATE,

Mr. Richards, Chairman of the Committee on Counties and County Matters submitted the following report:

Jir. Preside1~t:

Your Committee on Counties and County 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-wit:

House Bill No 609.

VVILL RicHARDs, Chairman.

:Mr. Lassiter, Chairman of the Committee on General.Judiciary Xo. 1, submitted the following report:
llit. President:
Your Committee on General Judiciary ~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, to-wit:
Senate Bill ~o. 231.
LAssETER, Chairman.

l\fr. Ellis Chairman of the ( 'ommittee on Public Roads submitted the following report:

TuESDAY, .JuLY 18, 1922.

261

0
Mr. P1esiden.t:

Your Committee on P~blic Roads has had under consideration the following bill of the Senate and instructed me as their chairman to report same back to the Senate with the recommendation that the same do pass.

Senate Bill No. 232. Respectfully submitted,

ELLIS, Chairman.

Mr. Cone, Vice-Chairman of the Committee on Corporations submitted the following report:

111 r. 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 Bill No. 213. Amending Charter of Town of Statham.
CoNE, Vice-Chairman.

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

By l\fr. Lassiter and Mr. ThomasSenate Bill Xo. 241. A bill to provide for the

JouRNAL oF THE SENATE,
rotation of Judges of the Superior Courts of thi.s
State.
Referred tp the Committee on General Judiciary No. 1.
By Mr. Campbell-
Senate Bill .No. 242. A bill to amend charter of City of Covington.
Referred to the Committee on Corporations.
By Mr. Wohlwender-
Senate Bill No. 243. A bill to create an additional J~dge in the Chattahoochee Circuit.
Referred to the Committee on General Judiciary No.2.
By 1Ir. Manson-Senate Bill ..No. 244. A bill to change name of
Railroad Commission to Ga. Public Service Commission and for other purposes.
Referred to the Committee on Railroads.
By ~lr. MansonSenate Bill No. 24-5. A bill to provide for incor-
poration of credit unions.
Referred to the Committee on Corporations. The following bills fayorably reported were read second time :

Tl;ESDAY, JuLY 18, 1922.

263

By Mr. Lassiter-

Senate Bill No. 231. A bill to amend an Act fixing time for holding Superior Court. in the Cordele Circuit.

By Mr. Womble-
Senate Bill No. 232. A bill to require all operators to stop autos at end of co-ve>red bridge.

By 1\Ir. Nix-
Senate Bill No. 176. A bill to amend an Act reorganizing the State Highway Dept.

By Mr. David-
Senate Bill No. 219. A bill to repeal an Act Amending the road la-ws of Georgia.

By l\fr. \Valker of BakerHouse Bill No. 634. A bill to change the time of
holding Superior Courts in Baker County.
By l\Ir. Stone of Jeff DavisHouse Bill )Io. 596. A bill to abolish an Act
establishing the City Court of Hazlehurst.
By :Mr. Holland of Tatt~all-
House Bill No. 643. A bill to amend an Act providing for two terms of the Superior Court of Tattnall County.

26+

JOURNAL OF THE SENATE,

The following House Bills were read third time and put upon their passage :

By Mr. Moore of Appling-
House Bill No. 609. A bill to amend Act creating a board of Commissioners of Roads and Revenues for Appling 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 27, Nays 0.
The bill having received the requisite constitutional majority was passed.

By 1\Ir. Ficklen of Wilkes-
House Bill No. 1556. A bill to amend charter of City of Washington.
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 'vere 29, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Branch of Turner-
House Bill Ko. 658. A bill to repeal Act establishing City Court of Ashburn.

TUESDAY, JULY 18, 1922.

265

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. Hodges of Evans-
House Bill No. 627. A bill to amend Act establishing City Court of Claxton.
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 - - , Xays --.
The bill haYing received the requisite constitutional majority was passed.
:Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

1vlr. President:
Your Committee on Privileges of the Fl-oor 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 reco-mmendation that the same do pass, to-wit:
By :Mr. TaylorResolved that privileges of the floor be extended to

266

J OFRKAL OF THE SENATE,

Hon. M. D. Dickerson of Douglas for a period of 3
rla~'s.
.J. E. PALMOUR, Chairman.

The report of the Committee was adopted.
The following message was received from tlw House through Mr. ~ioore, the Clerk thereof:

1lh. President:
'fhe House has read awl adopted tl1e foll<l\\iug resolution of the Senate to-wit :
Senate Resolution Xo. 79. A resolution accepting the invitation of the "\Vomans Cluh of Atlanta to a Garden Party, July 18th, 1922.
'l'he following message was receiveJ from the House, through ~lr. .Jloore, the Clerk thereof:

Jlr. President:
The House has passed by the requisite constitutional majority the following resolutions of tlw House, to-wit:
House Resolution Xo. 12-!. (566E). A resolution to appropria tP $1,500.00 to pa,\ expenses incurred by the ConnuittPP inYestigating tax system.
House Resolution Xo. 5:L (3~13-A). A resolution for the relief of boll(lsmen of Olll' Perry Hendrix.
House Resolution Xo. 15G. (/:n-B). A resolu-
tion providing for election b~ popular vote of commissioners of Roads and Revt>1mes of Jasper ( 'ounty.

TuESDAY, JULY 18, 1922.

267

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

Jlr. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 699. A bill to abolish the Independent School System of Lyons, Toombs County.
House Bill No. 685. A bill to amend an Act and amendatory Acts establishing a public school system for the town of Canton.
House Bill No. 703. A bill to create a new charter for the Town of Canton.
House Bill No. 559. A bill to change the terms of Superior Court of Swamsboro.
House Bill ~o. 566. A bill to provide time for opening and closing polls in certain counties of the State.
House Bill No. 686. A bill to amend an Act to change time of holding Superior Court of Walton County.
House Bill No. 425. A bill to create a new charter for the town of Fry in the County of Fannin.
The following message was received from the House through Mr. l\foore, the Clerk thereof:

268

.JocRXAL OF THE SEXATE,

J.llr. P1eside11f:

The House has passed b~ the requisite constitutional majority the following bills of the House, towit:

House Resolution 1\o. 681. A Bill to amend <:m Act creating tlw ( 'ity Court of Statesboro.

House Bill Xo. 6H6. A bill tD amend thP charter of the Cit~' of Americus.

House Bill :'\o. 647. A bill to amend an act fixing the fees of Clerk of the Superior Court in certain Counties.
House Bill No. 714. A bill to amend Act cr<'ating Ctiy Court of Statesboro.
House Bill No. 679. A bill reqmnng non-restdents to procure license to fish in "\Vaters of Brantley County.
House Bill No. 687. A bill to amend tlw charter of the City of \Va~nesboro.
The following House bills and resolutions wen read first time and referred to committee.

By Mr. vVest of Fannin-
House Bill No. 4:25. A bill to create a lll'\Y charter for the Town of :F'ry, Fannin County.
Refened to the Committl'L' ou Corporations.

TuESDAY, J1:LY 18, 1922.

269

By Mr. Lankford of Toombs-

Hause Bill ~ o. 699. A bill to abolish the Independent School System for Lyons, Toombs Count~.

Referred to tlw Committee on Education.

By :\Ir. Riley and Hines of Sumter-
House Bill N"o. 696. A bill to mi1end and consolidate senral Acts giYing corporate powers to Americus.
RPferred to the Committee on Corporations.

.B~ ::\Ir. Herring of Schley.
House Bill No. 6-!7. A bill to amend the Act to fix the amount of fees of Clerks of Superior Courts in ( 'ounties having less than fifty thousand.
Referred to the Committee on Special Judiciary.

B~ :\Ir. Brannen and Parrish of Bulloch. House Bill Xo. 714. A bill to Anwwl the Act
creating tlw City Court of Statesboro. Referred to tlw Committee on Special .Judiciary.
B~- :\Jr. Gresham and Hatcher of Burke. House Bill ~o. 687. A bill to Amend the Charter
of the City of \Vaynesboro. Referred to the Committee on Corporations.

270

J O"CRNAL O.b' THE SENATE,

By .Mr. Strickland of BrantleyHonse Bill No. 679. A bill to reqmre non-resi-
dents of Brantley County to procure licenses to fish.
Referred to the ( 'ommittee on Game and Fish.

B~ Mr. Brannen and Parrish of Bulloch. House Bill Xo. 681. A bill to amend an Act creat-
ing City Court of Statesboro and other purposes. Referred to the Committee on Special ,Judiciary.

By .Mr. Collins of Cherokee-
House Bill No. 703. A bill to Reincorporate thP Town of Canton in the County of Cherokee.
Referred to the ( 'ommi ttee 011 Corporations.

B~ ::\lessrs. Boatright and Brown of Emanuel-
House Bill Ko. 559. A bill to change the time of the terms of the City Court of Swainsboro.
Referred to the Committee on Special Judiciary.
B~ ~Ir. Collins of CherokeeHouse Bill Xo. 685. A bill to Amend the Act
establishing public schools in City of Canton, Cherokee County.
Referred to the Committee on J<~ducation.
By .:\Ir. 1\Ioore of FultonHouse Bill Ko. 566. A bill to provide for time of
opening and closing polls in School Bond Elections.

TuESDAY, JuLY 18, 1922.

211

Referred to the Committee on General J ndiciary Xo. 2.

B~- :Messrs. \Villiams and ~<\.dams of Walton-
House Bill No. 686. A bill to amend an Act to change time of holding ~[ay and Xovember Terms of \Valton Superior Court.
Referred to the Co~nmittee on General Judiciary No.2.

By ~Ir. Hunter of Chatham and Parks of Terrell-
House Resolution ~o. 124. (566-E). A resolu-
. tion to appropriate $1,500 to pay expenses of Com-
mittee investigating tax system.
Referred to the Committee on Appropriations and Finance.

B~- Mr. Phillips of Jasper-
House Resolution Xo. 156. (737-C). A resolution to elect members of Board of Commissioners of Roads and ReYenues of Jasper Count~- b~r popular vote.
Referred to the Committee on ( 'ounties and Count~- :Matters.

B~- :\Ir. ~Ioore of Appling-
House Resolution Xo. t53. (393-A). A resolution for the relief of bondsmen of one Perry Hendrix.
Referre<l to the Committee on Special Judiciary.

272

.Jot:RXAL oF THE SJ<~XAT.E,

By Mr. Moore of Appling-

A bill to create office of Roads and Revenues of Appling County.
Referred to the CommitteP on County and County .Matters.
~Ir. Palmour, Chairman of the Committee on PriYileges of the I<,loor submitted the following report:

!11 r. President:
Your Committee on Privileges 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 reeommeudatiou that the same do pass, to-wit:

By 1Ir. Clay and :Mr. Lassiter-
A resolution to extend to Hou C. F . .McLaughlin and Judge };'rank Daniell li,oley of .Muscogee County tlw priYileges of the Floor for 3 days.
J. E. PALMOUR, Chainnau.

'l'he report of the committee was adopted.
The following Senate Bill, favorably reported was read 3rcl time and put upon its passage.

By Mr. Johns-
Senate Bill No. 213. A bill to amend Act ereatiug new charter for the Town of Statham.

TuESDAY, JuLY 18, 1922.

273

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 wa.s passed.
The following bill was read the 3rd time and takeu up for consideration.

B:v ~Ir. ~ix-
Senate Bill No. 14. A bill to amend Penal Code relative to punishment for Burglary.
1Ir. Palmour called for 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.
The main question was ordered.
l\Ir. Kix ealled 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. ).f. Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, .J. ).I. Cone, Howell

l'olson, D. C. Fleming, Denis Fleming, W. 0. Foy, .John E. Hollingsworth, .J. l'. Holmes, R. H. Hunt, T. M.

Jackson, J. B. .Johns, G. A. .Jones, 0. K. of lith l\Ianson, FranK C. :\Iills, J. H. Xix, 0. A. Palmour, .J. E.

274

JOURNAL OF THE SENATE,

Peaeo<>k, C. H. Rid1ard~, Will Rountree, ,J. L. Sheffield, R. H. Snow, RUHS(ll E.

Htmall, E. B. Tarpley, R. 0. Taylor, Geo. ~~. ThomaH, .James R. \\'all Dan

\\'eaver, J. D.
\Vohlwender, Ed. \\'omi.Jie, ~1. D.

Those Yoting in the negative were :Messrs:

Dadd.-\. B. ElJi,, R. ('.

Kimzey, ::-lam J.a"'itt>r, \\". H.

Pupe, Da,id F.

Those not voting were .Messrs:

Brown, L. C. l"amphell, R. \\". Da \'id,on, .J. E. Ctolu<'ke, Ahin G.

Haral~(m, Pat Hut<-ht>ns. H. l'. Jones, John H. Ridhy, Dr., C. L.

Thorpe, E. ~1. \Yalker, B. F. Williams, Wiley Mr. President

Cpou the passage of the bill the Ayes were 34, the Xa~-s were 5.

The hill having received the requisite constitutional majority was. passed.
).lr. Jackson asked unanimous consent that the hill lw immediately transmitted to the House.
).Ir. Kimsey objected.
).lr. Xix mond that tlw bill be immediately transmitted to the House and the motion prevailed.
The following bill was read the 3rd time and taken up for consideration.

B~ ).fr. Womble-
SeJiate Bill .Ko. 37. A bill to amend constitution relathe to term of office of County Officers.

TUESDAY, JULY 18, 1922.

275

:Mr. Childs called for the previous question 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 agreed to.

The bill being an amendment to the constitution the roll call was ordered and the vote was as follows :

Those voting in the affirmative were .Messrs:

Bond, Chas. X. Boykin, James H. Collum, J. M. F1leming, Denis Fle>ming, W. 0. Foy, John E. Hunt, T. M.

Jackson. J. B. Johns, G. A. .Tones, 0. K. Kimzey, Sam Xix, 0. A. Peacock, C. H. Pope, David 1<'.

Sheffield, R. H. 'ra1pley, R. 0. Taylor, Geo. W. Thomas, James R. Wail, Dan \\~oeaver, J. D. Womble, M. D.

Those ,oting in the negative were ~fessrs:

Akin, L. R. Bellah, .J. M. .l'ampbe~l. R. W.
Childs, E. '" Coni:', Howell Colson, D. C.

Ellis, R. 1'. Hollingsworth, Holmes, R. H. Manson, Frank C. Mills, J. H. Palmour, J. E.

Riehanls, Will Rountree, J. L. Stomll, E. B. Wohlwl:'nder, Ed.

Those not voting were Messrs:

Brown, L. ('. Da,id, A. B. Davidson, J. E. Golucke, Alvin G. Haralson, Pat

Hute<l:lins, H. C. Jones, JO"hn H. Lassiter, 'vV. H. Ridley, Dr. C. L. Snow, Russell E.

Tlwrpe, E. M. \\'alker, B. F. \Yilliams, Wiley :\h-. President

On the passage of the bill the Ayes were 21, Xays 16.

276

JouRNAL oF THE SENATE,

The bill haYing failed to receiYe the requisitP coustitutional two-thirds majority was declared lost.

::.\lr. Palmour, Chainnan of the Committee on Privileges of the Floor submitted the' following report:

Mr. President:
Your Committee on Privileges of the .F,loor has had under consideration the following resolutions 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:

B~ ::.\lr. Johns-
A resolution to extend the privileges of the ftoor to Hon. Pemberton J. Twiggs of Cleveland, Ohio, for :1 da~s.
B~- .:\Ir. Rountree-
A resolution extending- the privileges of the floor to Ron. A. S. Bradley and Hon. J. W. Rountree of S"aiusboro for 3 da~-s.
J. E. PALMOL'R, Chairman.

The report of the committee was adopted.
The following communication was read for the iuformation of the Senate:

Tl:ESDAY, .J"C"LY 18, 19:22.

277

"\Ya~cross, Ga., .July 17, 1922.

Hox. HERBEHT CLAY, President,

Senate Chamber, .Alanta, Ga.
The Georgia Department the American Legion a,cknowledges with sincere appreciation the good
wishes expressed h~- tlw Senat<' iu tlw .Joint Resolu-
tion with the House of Represcntatives. "\Ve reciprocate the spirit of your felicitations. :\lay the present session of the General Assembly be replete with legislation for the welfare of our beloYed state and her institutions.

Commander Georgia Department the American Legion.
The following bill was read the 3rd time and taken up for consideration.
B~- :\Ir. :Mund~- of Polk-
House Bill Xo. :2-l-0. A bill to creatt and establish a State lnYcstigating and Budget Commission.
The report of the Committee, which \Yas favornhle to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 28, the X a~s were 1.
The bill having received the requisite constitutional majority \Ya.s passed.

278

J OL.:RX AL OF THE SEX ATE,

Mr. Hollingsworth moved that the Senate do now adjourn and the motion prevailed.

The President announced the Senate adjourned until 10 o'clock tomorrow morning.

\V EDXESIJ.-\.Y, J L"LY 19, 192~.

279

SENATE CHAMBER, ATLANTA, GA.
\Yednesda~, Jul~ 19, 192~.
The Senate met pursuant to acljournment at 10 A. ~1:., and was called to order by the President.

Prayer was offered by the Chaplain.

By unanimous consent the roll call was dispensed with.
~Ir. Fo~, 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 ~-estercla~'s proceedings was dispensed "With.
~Ir. Palmour, l 'hairman of the Committee on PriYileges of the Floor, submitted the follo\\ing report:

Jir. President:
our Committl't' on PriYileges of the Floor has had under consickratiou the follo\\ing resolution of the ~enate and instructe<lme, as their Chairman, to report the same hack to the Senate, with the recommendation that the same do pass, to-\\it:

By ~lr. Snow-
A resolution extending the privileges of the floor to Hon. \V. B. Fleming of Bainbridge, Ga., brother

:280

JouRNAL OF THE S:LXATE,

of our beloved Senator from the 8th District, for a period of three days.
.J. E. P ALMOUR, Chairman.

The report of the Committee was adopted.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

JJ r. President:
Your Committee on Privileges 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 recommendation that the same do pass, to-wit:

By .Mr. David-
A resolution extending the privileges of the floor to Col. A. L. Henson of Calhoun, Georgia, ex-Commander of the American Legion of Georgia, also exAssistant Attorney General of Georgia, during his stay in the city.
.J. E. P AL:.vrouR, Chairman.

The report of the Committee was adopted.
.:\Ir. Akin asked unanimous consent that House Bill No. 577 be withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Game and Fish, and the consent was granted.

\VEDNESDAY, JL'LY 19, 1922.

281

l\Ir. )Janson asked unanimous consent that Senate Bill No. 91, having been favorably reported by the 1 Committee on Pensions, be recommitted to the Committee on Pensions for further hearing, and the consent was graiJ.ted.

:\I r. Hunt aske<l unanimous consent that all Senators having bills and resolutions to introduce be allowed to do so at this time, and the consent was granted.

Mr. Richards asked unanimous consent that House Bill No. 103 be withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Corporations, and the consent was granted.

The following bills were read first ti:rne and referred to Committees:

By Mr. Thomas- . Senate Bill ~o. :2-:l:o. .A. bill to repeal an Act regu-
lating banking in Georgia, and for other purposes.
Referred to the Committee on Banks and Banking.

By 1\Ir. Cla~Senate Bill No. ~47. A bill to regulate the use of
motor Yehicles ou public streets and highways.
Referred to the Committee on Special Judiciary.

By }[r. HuntSenate Bill No. 2-1-8. A bill to repeal an Act creat-

282

.JoeRxAL oF THE SEXATE,

ing Board of Commissioners of Roads and Revenues in Hancock County, Ga.
Referred to the Committee on Counties and County Matters.

By Jlr. Ellis-
Senate Bill ~o. 249. A bill to amend Article 8, Section 4, Paragraph 1 of Constitution of State of Georgia.
Referre<l to the Committee on Constitutional Amendments.

By Jlessrs. Thorpe and Ji'oy-
Senate Bill Xo. 250. A bill relative to payment of poll tax.
Referred to the Committee on General Judiciary No.2.
)Ir. Cone, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations bas had under consideration the following bills of the House and instructed me, as their Chairman, to report same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill Xo. G:.n. By Jlr. Houston of Gwinnett.
Respectfully submitted, CoNE, Chairman.

-WEDNESDAY, JULY 19, 1922.

283

Mr. Hollingsworth, Vice-Chairman of the Committee on Agriculture, submitted the following report:

,llr. President:
Your Committee on Agriculture has had under consideration the foll.owing bills of the House and Senate and instructed me, as their Vice-Chairman, to report the same back to the Senate, with the recommendation that, to-wit:
House Bill No. 158. A bill concerning the loading, shipment and sale of watermelons, and for other purposes, do not pass.
Senate Bill Xo. 183. )._ bill to provide for the establishment of a School of Agricultural and Mechanic Arts in this State, do pass.
Rspectfully submitted,
HoLLrxaswoRTH, Vice-Chairman.

J[r. Golucke, Chariman of the Committee on Special Judiciary, submitted the following report:

Mr. PrPsident:
Your Committee on Special .Tudiciary has had under consideration the following hills of the Senate and instructed me, ns their Chairman, to report the same back to the Senate, with the recommendation that the same do pnss, as amended, to-wit:

284

J O"LRN AL OF THE SEXA'I'E,

Senate Bill ~o. 230. By Mr. Tarpley of the 36th and Mr. Campbell of 34th.
GoLUCKE, Chairman.

::\lr. \Viii Richards, Chairman of the Committee on Counties and County ::\latters, submitted the following report :

J.lir. President:
Your Committee on Counties and County 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-wit:
H,ouse Bill X o. 666: House Bill' Xo. 582. House Bill No. 648. Ho'Use Bill No. 356. House Bill K o. 571. Senate Bill No. 185. Senate Bill No. 186, as amended. House Bill No. 645, as amended. Senate Bill No. 182. Senate Bili No. 178.
~Ir. Childs, Chairman of the Committee on Education, submitted the following report:

]Jr. Prrsidfnf:
Your Committee on Education has had under consideration the following bills of the House and in-

\rED~.ESDAY1 JULY 19, 1922.

285

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 ~o. 685. House Bill Ko. 699. Senate Bill No. ~37.
CHILDS, Chairman.

The following bil1s, favorably reported, were read the second time :

By )-fr. Holmes-
Senate Bill Xo. 183. A bill establishing a School of Agriculture and -:\iechanic Arts in this State.

B~ )fr. Tarpley-
Senate Bill ~o. 230. A 'bill to adu one or more additional judges of the Superior Court of the Stone Mountain Circuit.

B~- )Ir. Chil"ds-
Senate Bill No. 237. A bill to establish the public school s:'stem in Town of Richland.
By :Mr. Collins of CherokeeHouse Bill No. 685. A bill to amend Act estab-
lishing a system of public schools in Town of Canton.
By 1\Ir. Lankford of ToombsHonse Bill Xo. 699. .-\. bill to abolish the Inde-
pendent School System for City of Lyons.

286

JouR~AL OF THE SENATE,

The following House resol'ution was read and adopted:

By Messrs. DeLaPerriere and Swindle of Jackson, DuBose and Dudley of ('Iarke, Richmond Dele-
. gation, Russell of Barrow, and others-
House Resolution No. 152. .A resolution to provide for a .Joint Committee to obtain subscriptions to pl'ace memorials of .Alexander H. Stephens and Dr. Crawford W. Long in Hall of Fame.
The President appointed the following Senators to act under the above resolution:
:Messrs. Golucke, Johns.
The following; resolution was read and adopted:
By Mr. .:\[anson of 35th-
Wherl'as, the ne\YS of the death of Judge Benjamin H. Hill, Georgia's dist\nguished jurist and statesman, has just been made known to us, out of regard for the memory of this great Georgian, it is resohed that the Senate adjourn to-day at 12:00.
Resolnd further, That the President appoint a Committee from the Senate, as an honorary escort to attend the funeral of this beloved Georgian.
The foll'owing resolution was read and adopted:

\YEDN.ESDAY, JL'LY 19, 1922.

287

By .~\lr. Thorpe of the :2ml-

A RESOLUTION.
Senate Resolution ~o. 81. Whereas, the good people of Townsend, :Mcintosh County, Georgia, are laying the (omer-stone of the consolidated High Schools on Saturcla~. July the 22nd, 1922, and
1Vhereas, This is to he a gala occasion with all kinds of entertainment and big barbecue, and speeches by Honorable Courtney Thorpe, President of the Georgia Bankers' Association, Governor Thos. \V. Hardwick, and other prominent citizens,
Be it Rt>sultwl, by the Senate, the House concurring, That the General Assembly accept the invitation of the good people of Townsend and be present on that oecasion.
The foll'owing resolution was rend and adopted:
By ::\Ir. :Manson-
Senate Resolution Ko. 82. A resolution expressing appreciation for invitation to Woman's Club reception.
::\fr. Palmour, Chairman of the Committee on Privileges of the l<,loor, submitted the following report:

llfr. PrPsidPnt:
Your Committee on Privileges of the Floor has had under eonsideration the foll~wing resolutions of the Senate and instructed me, as their Chairman, to

288

JOURNAL OF THE SEN ATE,

report the same back to the Senate, with the recommendation that the same do pass, to-wit:

By 31r. Stovall-
A resolution extending privileges of the floor to JudgeR. H. Baker, ex-member of the House, during his stay in the city.

By :\ir. Clay-
Resolved, That the privileges of the floor be extended to ~irs. Gussie Wall for three days.

By 1\Ir. Peacock-
A resolution extending the privileges of the floor
to ex-Senator vV. H. Dorris of Cordele, for a period
of three days.

By :\Ir. Fleming-
A resolution extending the privileges of the floor to Hon. H. H. Tarver o Alb'any, for three days.
,J. E. P ALMOUR, Chairman.

The following Senate hills were read the third time and put upon their passage :

By :\:Ir. David-
Senate Bill Ko. 219. A bill to repeal Act amending road laws of Georgia in Gordon County.
The report of the Committee, which was faYorable to the passage of the bill, was agreed to.

VVEDXESDAY, JrLY 19, 1922.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitutional majorit~ was pnssed.
B~' :\lr. Lassiter-
Senate Bill Ko. :231. A bill to amend Act fixing time of holding Superior Court in various counties comprising the Cordele Circuit.
The report of the Committee, which wa,s favorable to the passage of the bill, \\as agreed to .
. On the passage of the bill the Ayes were 27, Nays 0.
The bill having receiwd the requisite constitutional majority was passed.
By :\I r. Haralson-
Senate Bill No. 224. A bill to provide additional grounds for revoking the licenses of insurance companies.
The report of the Committee, which was favorable to the passage of the bill, \Yas agreed to.
<)n the passage of the hill the Ayes were 32, Nays 0. The bill having receind the requisite constitutional majority was passed.
B~- :\Ir. \VohlwenderSeuate Resolution No. 26. A resolution relieving
L. B. \Yill'iams as surety on bond.
Sig. 10-Senate

290

.J Ol.:R:XAL OF THE S~<:::-<ATE,

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 43, Nays 0.

The bill having received the requisite constitutional majority was passed.

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

JIJ1. President:
The House has read and eoncurred in the following resolution of the Senate, to-wit:
Senate Resolution Xo. 78. A resolution prmiding for the appointment of a committee to draft laws relative to tax on luxuries.
T'he Speaker has appointed as the Committee on the part of the House, called for under the above resolution, the following:
~1essrs. Brantley of Pierce, Bird of Taliaferro, Culpepper of Fayette.

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

Mr. President : The House has read and concurred in the follO"\\'-
ing resolution of the Senate, to-wit:
Senate Resolution Xo. 80. .A. resolution provid-

"\VEDNESDAY,.J"C"LY 19, 1922.

:lUi

iug for a joint session of the General Assembly to he~r an. address to be deliYered by Senator Harris.

The following bill was read the third time and taken up for consideration:

B~- :\1r. "\Vomble-
Senate Bill ~o. 232. A bill requiring all persons operating automobiles or trucks on the public roads of the State of Georgia to stop automobiles or trucks at end of all covered bridges.
Mr. Ellis offered the following amendment:
Amend by adding as new section to be numbered Section 4 and number all after sections accordingly.
Section 4. That the ,County Commissioners or the Ordinary of the county which shall have charge of the affairs of the. county, as the case may be, sh?.ll place OYer such bridge a large sign requiring such motor Yehicles to stop before entering such bridges under penalty of the 1aw.
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 Aye~ were 26, the Ka~s were 0.
The bill having received the requisite constitutional majority was passed.

J OtJRXAL OF THE SEN .:~TE,
The President appointed as a Committee ou the part of the Seuate to act uuder Senate Resolution No. 78, the following Senators:
Messrs. Golucke, H:ollingsworth.
The following bills, favorably reported, were read the second time :
By 1fr. 11anson--
Senate Bill No. 178. A bill to authorize authorities of various counties to prescribe by order the term and period of fiscal year, etc.
By Mr. Thomas-
Senate Bill ~o. 185. A. bill to create office of Supervisor of Roads and Revenues in Wayne Couuty.
By Mr. Thomas-
Senate Bill Xo. 186. A hill to abolish County Commissioners of \Vayne County.
By )h. Manson-Senate Bill No. 182. A hill to prescribe and fix
compensation for the Treasurer of Clayton, Georgia.
By :Messrs. Hunter and Valentino of Chatham-House Bill K o. 356. A bill to authorize County
Commissioners in certain counties to collect taxes either quarterly or semi-annually.

\VEDNESDAY, JULY 19, 1922.

293

By :Jir. Camp of Campbell-
House Bill )Jo. 571. .A bill to abolish the office of County Treasurer of Campbell County.

By J\Ir. Hodges of Evans-
House Bill X o. 582. A bill to amend Act providing a Board of Commissioners of Roads and Revenues for Count~- of JGyans.

By :JI r. fhdft of Elbert-
House Bill Xo. fi.:l-5. .A bill to create Board of Commissioners of Roads and Revenues of Elbert
Count~.

By :Jiessrs. Lewis and Clark of Colquitt-
House Bill ~o. 648. ~~ bill to amend Act establishing a Roard of Commissioners o'f Colquitt County.
B~ :Jlr. Ennis of Baldwin-
House Bill )Jo. 666. .A bill to require Commissioners of Roads and Revenues of Baldwin to pay to the officers of court and to ,Justices of Peace, their fees, etc.
The President appointed the following Senators to act as honorary escort at the funeral' of Judge Benjamin H. Hill:
:JIessrs. :B'leming of 8th, Jackson, Johns, Sheffield.

29-t

JouRNAL oF THE SENATE,

The following bills of House were read the third time and taken up for consideration:

By Mr. Holland of Tattnall-
House Bill No. 643. A bill to amend Act providing for hol'ding two terms of Superior Court of Tattnall County.

The report of the Committee, which wa,s favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 29, ~ays 0.
The bill having received the requisite constitutional majority '"'Tas passed.

By Mr. Stone of Jeff Davis-
House Bill No. 596. A bill to abolish Act establishing City Court of Hazelhurst.
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, N a~s 0. The bill having received the requisite constitutional majority was passed.
By Mr. Houston of GwinnettHouse Bill No. 621. A bill to amend Act incor-
porating Town of :Xorcross. The report of the Committee, which was favorable
to the passage of the bill, was agreed to.

"'WEDNESDAY, JuLY 19, 1922.

295

On the passage of the bill the Ayes were 27, N-ays 0.

The bill having received the requisite constitutional majority was passed.

B~ :Jir. \Valker of Baker-
House Bill No. 634. A bill to change time of hold-
ing Superior Court of Baker County.
The report of the Committee, whie.l1 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 receiYed the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration:

By )Ir. Xix-
Senate Bill ~o. 116. A bill to reorganize and reconstitute the State Highway Department with reference to purchasing of machinery, etc.
The Committee offered the following substitute:
ABJLL
To be entitlc<l an Act to amend Section 5 (a) of Article 5, of an' Act approyed August 18, 1919,
and entitled an Act to reorganize and reconstitute the State Highway Department of Georgia, etc., by adding at the end of Section 5 (a) a proviso that no materials, machinery and supplies shall be purchase<.! by the State Highway Department

JouRNAL OF THE SENATE,
except from the lowest and best bidder after public advertisement, 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 Section 5 (a) of Article 5, of an Act approved August 18th, 1919, entitled an Act to reorganize and reconstitute the State Highway Department, etc., be amended by adding at the end of said Section 5 (a) of Article 5, the. following: "Provided, however, and nen:rtlwless that neither said State Highway Board, nor an~ of its officers or employees, shall purchase any materials, machinery or supplies, exct>pt from the lowest and best bidder, under sealed proposals or bids, after public adnrtisement of the kind, 'luality an1l quantity ()f materials, machinery and supplies desired. The State Highway Board shall haYe authority to reject any and all bids receiYed at an~ particular letting and in that event shall similarly readvertise for other bids on the materials, machinery or supplies desired, proceeding similarly with each successive advertisement as on the one first had, so that at all times the interest of the State and public welfare shall be fully protected and safeguarded. Said adYertisemen.ts shall appear in the U(m'spaper wherein the sheriff's advertisements appear in the locality in which the 'vork is to be done, or the machinery and supplies are needed, for at
a least once Week for two weeks; provided, hoWeYer,
the said State Highway Board, through its propC'r officer or officers, shall be permitte1l to do such

.WEDNESDAY, JuLY 19, 1922.

297

additional advertising in order to obtain the lowest and best bids as in its judgmentmay seem best and proper, and provided, also, that should the said State Highwa~~ Board desire and undertake to contract for or purchase a year's suppl~' of equipment or materials for general use throughout the State at one letting, the advertisement for bids shall be published once a week for four weeks and in one newspaper of general circulation published in each Congressional District in the State, and provided further, this requirement shall not apply to the purchase of ordinary office supplies, minor equipment and materials for emergency or repair work," so that said Section 5 (a) of Article 5, as amended, shall read as follows:
Section 5 (a). "That the State Highway may use an~ of its funds for acquiring or establishing gravel pits, stone quarries, cement factories, and such other factory or thing as may be necessary in the economic production of any portion of material required in maintaining, improving and constructing the system of State-aid roads herein provided for; provided, however, ~nd nevertheless that neither said State Highway Board, nor any of its officers or employees, shall purchase any materials, machinery or supplies, except from the lowest and best bidders, under sealed proposals or bids, after public advertisement of the kind, quality and quantity of materials, machinery and supplies desired. The State Highway Board shall have authority to reject any and all bids received at any particular letting and in that event shall similarly readvertise for other bids on the

298

JOURNAL OF THE SENATE,

materials, machinery or supplies desired, proceeding- similarly with 'ach successiye adYertisement as on the first had, so that at aU times the interest of the State and the public welfare shall be fully proteded and safeg-uarded. Said advertisements shall appear in the newspaper. wherein the sheriff's advertisements appear in the locality in which the work is to be done, or the machinery and supplies are needed, for at least once a week for two weeks; provided, however, the said State High\-Yay Board. through its proper officer or officers, shall be permitted to do such additional adYertising in order to obtain the lowest and best bids as in its judgment ma~ seem best and proper. and proYided, also, that should the said State Highwa~ Board desin' and undertake to contrad for or purchase a .nar 's suppi~ of equipment or materials for general use throughout the State at one letting-, th<' advertisement for bids shall he published once a week for four weeks and in one newspaper of general eir('ulation published in each Congressional District in the State, and provided further, this requirement shall not apply to the purchase of ordinar~ officp supplies, minor equipment and materials for emergency or repair work.''
Section ~. l~e it further enacted, That all laws or parts of lnws in ('Onftict 'vith this .A.ct are hereh~ repee1led.
The ~ubstitute was adopted.
The. report of the Committee, which was favorable to the passage of the bill by substitute, wa~ agreed to.

WEDNESDAY, JuLY 19, 1922.

299

On the passage of the bill the Ayes were 26, the ~ays were 0.

The bill having received the requisite constitutional majority was passed.
The following bill of t~1e Senate was read the third time and taken up for consideration:

By ::\Iessrs. vVal1wr and Johns-
Senate Bill No. 122. A bill to make the mother an equal heir with father and brother and sister of a deceased intestate.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the .dyes were 30, 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 :Messrs. vVeaver and A.kin-
Senate Bill No. 86. A bill to permit aU corporations now incorporated by the Secretary of State except insurance, hank and trust companies to issue non-par stock, and for other purposes.
::\fr: .Jackson moved that the bill be carried over till tomorrow as unfinished business so that various Senators might be able to gajn more information with regard to the bill, and the motion prevailed.

~{r. Pope moved that the Senate do now adjourn, and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 10 o'cl'ook.

Tm:RSDAY, JuLY 20, 1922.

301

Thursday, July 20th, 1922.
The Senate met pursuant to adjournment at 10 o'clock A . .M. aml was called to order by the President.
Prayer was offered b~ thl' Chaplain.
B~ unanimous consent the roll call was dispensed with.
llr. ]~oy, Chairman of the Committee on Journals, reported that the Journal of yesterday's proooedings had been examined and fow1d correct.
By ummimous consent the reading of the Journal of ~esterday 's proceedings was dispensed with.
:\Jr. Pahnour, Chairman of the Committee on PriYileges of the Floor, submitted the following report:
;_lf r. President:
Your Committee ou Pri,ileges of the Ji'loor has had under consideration the following resolution of the Senate and instructed me, as their Chairman, to report the same bnrk to the Senate, with the recom-
mendation that the same do pass, to-wit:
B~ ?\Jr. Thorpe of 2nd-
Resolved that Mr. 1'\ A. Abbot, a distinguished

302

J O"C'RN AL OF THE SE~ ATE,

citizen of Waycross, Georgia, be extended the privileges of the floor during his stay in the city.
.J. E. PALMOUR, Chairman.

rrhe report of the Committee was adopted.
Mr. Palmour, Chairman of th~ Committee on Privileges of the Floor, submitted the following report:
J!Jr. President:
Your ( 'onm1ittee on Privileges of the Floor has . had under consideration the following resolutions of the Senate and instructed me, as their Chainnan, to report the same back to the Senate, with the recommendation that he same do pass, to-wit:

B~ Mr. Cla~'-
A resolution extending the privileges of the ftoor to Hon. A. G. Patterson, President of Alabama Puhlic Service Commission, for 3 da?S.

By Mr. Pope-
A resolution extending the privileges of the floor to Hon. T. F. McFarland for 3 days.
.J. I<~. PALMOUR, Chairman.

The report of the committee was agreed to and \H1S adopted.
l\lr. Palmour, Chairman of the Committee on

THURSDAY, JULY 20, 1922.

303

Pri\ileges of the Floor, submitted the following report:

J!f r. President :
Your t'ommittee on Privileges of the Floor has had under consideration the following resolutions of the Senate and instructed me, a.s their Oha.irm.an, to report the same back to the Senate, with the recpmmeudation that he same do pass, to-wit:

B~- 1lr. Bond of 30th-
liesolved that the privileges of the floor be extended to Ex-Senator Judge George C. Grogan of Elberton, Georgia, for 3 days.
J. E. PAI.l!IIou:a, Chairman:

'rhe report of the committee was adopted.
lir. Palmour, Chairman of the Committee on PriYileges of the Floor, submitted the following report:

Jlr. P resid.ent :
Your Committee on PriYileges of the l'lo.or h.as
had under eouside1ation thl' following resolutions of the Senate and instructed me, as their Chairman, tn n.port the same back to the Senate, with the recommen(hltion that he same do pass, to-,vit:

B~ ::\Ir. Bellah.A resolution extending the privileges of the floor

304

Jot:'BNAL oF THE SENATE,

to Han. T. P. Henry an ex-Confederate Soldier for 3 days.

J. E. PALMOUR, Chairman.

The report of the conuuittee was adopted. The following Resolution "\Vas read and adopted:

By Mr. Clay-
Senate Resolution Xo. 83. A resolution to empower the Seeretary of State to sign the marketing agreement of Georgia Cotton Growers Co-operative Association.
The following bill was introduced, read the 1st th.ne and r~ferred to eonunittee:
By :\Ir. Fleming of 8th-
Seuate BiU X n. 2o1. A bill to proV"ide a remedy for applicant of certiorari's.
Referred to Committee on Special Judiciary.
Mr. !~'leming of the 8th District, Cl1airmnu of the Committee on the University of Georgia, submitted the following report:

Mr. P residte:nt:
Your Committee on the Uuiversity of Georgia has had under consideration the following bills of the Sennte and instructed me, as their Chairman, to re. port the same back to the Senate, with the reoommendation that the same do pass b~ subsitute, to-wit:

THLRSDAY, JULY 20, 1922.

305

Senate Bill Xo. :226. Do pass by substitute.

!<'LEMING, 8th Dist., Chairman.

Mr. \Vill Richards, Chairman of the Committee on Counties and Count~ Matters, submitted the followng report:

r. President:
Your l 'ommittee on Counties and County ~Iatters, have had under consideration the following bills and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass :
House Bill Xo. 565.
Senate Bill No. 38. As amended and requests that :100 copies be printed.
The request of the Committe was adopted.
Jlr. Fo~ of 1st District, Chairman of the Committee on Game and Fish, sumbitted the following report:

Jlr. President:
Your Committee on Game and Fish have had under consideration the following bill of the Senate and have instructed me as Uhairman, to report the same back to the Senate with the recommendation that the same do pass:

i:lOG
A bill to give the Federal Government authority to establish rules for protection of game and fish.
FoY, Chairman.
)Ir. Sno\v, Chairm~m of the Committee on Railroads, submitted the following report:
Your Committee on Railroads has had under co sideration the following bill and resolution of th Senate and instructed me, as their Chairman, toreport the same back to the Senate, with the recommendation that the same do pass, to.-v,1t:
Seuate Bill No. 244. Senate Resolution No. 71.
Respectfully submitted, RusSELL E. Swow, t'hairmnu.
)lr. Richards, Chairman of the Committee on Couuties and County .Matters, submitted the following report;
~1/r. Presiilrmt: Your Committee on Counties and Couuty Matters
has had under consideration the following bills of the Senate and instructed me, as their Chairman, to retwrt the same back to the Senate, with the recommendation that the same do pass, to-wit:
Senate Bill No. 248. To repeal an Act to create a

THURSDAY, JULY 20, 1922.

307

Board of Commissioners of Roads and Revenues for Hancock County.
Respectfully submitted.
WILL RICHARDS, 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 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-wib
Senate Bill No. 233. To amend Act governing the granting of degrees by institutions of learning.
CHILDs, Chairman.

:lir. Lassiter, Chairman of the Committee on Geueral Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee ou General Ju.diciary No.1 has had under consideration the foliowing 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. 229. Senate Bill No. 241.

308

JOURNAL OF ~E SENATE,

That the following do not pass: Senate Bill Xo. 194. Senate Bill Xo. 204. S(_luatc Bill N.o. 211.
l..tAiiii:JITER, Chil irmau.

The following bills favorably reported were read second time :

By l!r. Lassiter-
Senate Bill Xo. :!41. To provide for the rotation of Superior Court Judges itt this State.

By lir. Bellah and Pope-
Senate Bill Xo. 229. To Amend Ant to amend Sec. 6U6 Code of 1910, aud other purposes.
By :\Ir. :\IansonSennte Bill Ko. 244. To change name of Rttilroad
Cmnmission to Georgia Public SenTice Coll)l.missiou.

By lir. Coue-
S(.lnate Bill XQ. 226. A bill to substitute a bonrtl of control of 5 membets for University of Georgia.

B) l!r. Huut-
Seuate Bill .Ko. 248. A bill to repeal an Act creating a Board of Commissioners of Roads and RcYeuup for Hancock County.

THt:RSDAY, .JULY 20, 1922.

309

B~ 1\Ir. Childs-
Senate Bill Xo. 233. A bill to codify the School Laws of State of Georgia.

B~ .:\lr. ::\{anson-
Senate Resolution i\o. 71. A resolution to proYide for a CommissioH to pren'nt thP junking of the A. B. & A. Railroad.

By ::\lr. Haralson-
Senate Bill X o. 21-!. A bill to gi\'e Federal GoYermnent authority to establish Rules for Game and Fish.

By .i\lr. Herring of Schley-
House Bill I:\ o. :565. A bill to provide for a salary for the treasmer of the County of Schley.
Uncler the head of unfinished business the following bill was taken up for consideration:
B~ Messrs. ~WeaYer and Akin-
Senate Bill Xo. 86. A bill to permit all corporations no\\. incorporated by the Secretary of State except Insurance, Bank & Trust Companies to issue non par stock.
The report of the Committee which was favorable to tlw passage of the bill was agreed to.
On the passage of the bill the ayes were 32, the X a~s were 2.

310

J OUR:NAL OF THE SBMA.'l'E,

The bill having received the requisite constitutional majority was passed.
The following bills were read the 3rd time aml put upon their passage.

By Mr. Thomas-
Senate Bill No. 185. A bill to create supervisor of Public Roads of Wayne 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 27 Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Manson-
Senate 'Bill No. 182. A bill to prescribe and :fix compensation of Trea.surer of Clayton, 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 31, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Thomas-
Senate Bill No. 18ft A bill to abolish County
Commiss.ioners of Wayne County. The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, JULY 20, 1922.

311

Ou the passage of the bill the Ayes wet-e 31, Nays 0.

The bill htwiug reoeiYed the requisite constitutional majority was passed.

By .Mr. Childs-
SeJ.lS,te Bill No. 237. .A. bill to repeal Act establishing public school s~stem in Town of Richland.
The report of the committee, which was fan>rable tn tb~ passage of the bill, was H@:reed to.
Ou the passage of tlw bill the Ayes were 31, Nays 0.
The bill having received th(l requisit(l constitutional majority wa.s. passed.
The following House bills were read the third time and takeu up for consideration:

By lh. Swift of Elbert-
House Bill Xo. 645. A bill to be entitled au Act to create a Board of Colll.Dlissioners of Roads and Revenues of Elbert County.
The following tln1tmdmeut was offered by the committee:
Section 10. That the provisions of all foregoing Sections of this Act shall become operative only after au election to be held within twenty days after its approval. Those favoring having one commissioner shall have printed on their ballots "For one Counuissiouer," those who fa,or three oommissiou''l'K shall han printed on their ballots "lt,or three

312

JouRNAL oF THE SE~ATE,

Commissioners.'' If a majority shall vote for one commissioner, then the provisions of this Act shall be null and void. If a majority shall vote for threll commissioners, then the provisions of the foregoing Sections of this Act shall become 'valid, and become operative under the provisions of this Act. Provided, however, that in m;> event shall the provisions contained in Section 1-a, of the Acts of 1919, contained in Georgia Laws, 1919, pages 643, 844, 645, be in any manner effected by the adoption of this Act, if the same shall be approved by the people as aforesaid.

Amend Section 10 by adding after the word ''approved" the following:

''Said election shaH be called by the Ordinary of Elbert County and held under the laws now provided for holding elections for county officers.''

Section 11. That all laws aud parts of laws in conflict with this Act be, and the same are hereby repealed.

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 30, and the Nays were 0.
The bill having received the requisite constitutional majority waa passed.

THURSDAY, .JULY 20, 1922.

313

B~ Chatham Delegation-

House Bill Xo. 356. A Bill authorizing County Commissioners in certaiu counties to eollect taxes eith('r quarterly or semi annually.

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 31, 1\"ays 0.

The bill having received the requisite constitutional majority was passed.

By ).lr. l'ollius of Chcrokee-
Hom;e Bill No. 6Bit A bill to amend Aot authoriz.. ins the establishment of Canton Public S~ool systi..'m.
The report of the committee, which was favorable to the passagt of the bill, was agreed to.
C)n the passnge of the bill the Ayes were 31, Xa~s 0.
The bill hn\"iug rccehed the requisite constitutional majority was passed.

By :\Ir. Camp of Cambell-
Honse Bill No. 571. A bill to abolish office of County Treasurer of Campbell.
The report of tlw committee, whi('h was fa\orable to the passagt> of the bill, was agreed to.

314

J O'CR~AL OF' THE SENATE,

On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite constitutional majority was passed. .

B~llr. Lankford of Toombs-
Honse Bill No. 699. .A. bill to abolish Independent S<!hool S~stem for City of Lyons.
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 36, Nars 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Ennis of Baldwin-
House Bill No. 666. .A. bill to require Commissioners of R-oads and R-evenues of Baldwin County to pay county officers their fees, etc.
The report of the committee, which was favorable to the passagt> nf the bill, was agreed to.
On the passage of the bill the Ayes wert? ~3, Xn~s 0.
The bill having received the requisit-e constitutional majority was ~passed.

By Messrs. Clark and Le\\is of ColquittHouse Bill Xo. 648. .A. bill to amend Act estab-

THURSDAY, JULY 20, 1922.

315

fishing a Board of Commissioners of Colquitt County.
The report of the committee, which was favorable to the passage of the bill, ,,as agreed to.
On the passage of the bill the Ayes were 26, Nays 0.
The bill having received the requisite constitu~ tionaJt majority was, .passed.

By Mr. Hodges of Evaus-
House Bill Xo. 582. A bill to amend Aot providing a Board of Commissioners of Roads and Reve~ nnes for Evans 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 27, Nays 0.
The bill having recehed the requisite constitutional majority waspassed.
The following message was received from the Honse through ~Ir..Moore, the Clerk thereof:

Mr. Presidtemt:
The House has read and adopted the following resolutions of the Senate, to-wit:
Senate Resolution Xo. 81. A resolution to a~ cept invitation of the people of Towns~1d, Mcintosh Com1ty, Georgia.

316

'aJ:.YN:!IS :ilHL ,{0 'IV.N:l:lJlOf

Senate Resolution Xo. 82. A resolution to express appreciation for invitation to Womans Club receptioit.

The following message '\vas received from the House through Mr. Moore, the Clerk thereof:

1.llr. President:
The House has passed br the requisite constitutional majority the following bills of the House, towit:
House Bill ~o. 755. A bill to amend au Act incorporating the Cit~ of Chamblee in the Count~ of DeKalb.
House Bill No. 727. A bill to amend an Act creating a new aharter for the City of Clarkesville.
House Bill No. 702. A bill to amend an Act creating the City of Colquitt.
House Bill No. 629. A bill to amend an Act establishing a charter for the City of Atlanta.
House Bill No. 761. A bill to vest the title of certain land in the collllllons of the City of Columbus for kindergarten purposes.
The following bills were introduced, read the first time and referred to committees:

By Mr. FlemJng of 10thSeuate Bill Xo. 252. A bill to require the posting

THl:;m:mAY, .Tt!LY 20, 1922.

317

of rates in all hotels and place inspection of hotels under superYision of State Board of Health.
Referred to the Committee ou Conune1ce and Labor.

By Mr .Hutcbmls-
Senate Bill No. 253. A bill to amend Act to protect fur-bearing animals.
Referred to the Committee on Special Judiciary.

B~ Messrs. Ellis, Foy, Thorpe, Bellah a;nd others-
Sende Bill No. 254. A bill to amend Constitution so as to permit the issuance and sale of highway bonds.
Referred to the Committee on Constitutional Amendments.

B) Mr. Ellis, Fay, Thorpe, Bellah, Hutciliens, et al.-
Senate Bill So. 255. A bill to amend Article VII of Constitution of State by adding thereto Sec. 18.
R.efened to the Committee on Constitutional Amendments.

By llm!!srs. F1llis, F~oy, Thorpe, Bellah and others-
Seuate Bill Xo. 256. A bill to amend Constitution
of Georgia so as to include among the purposes for \\'hich proceeds certain Highw~ty Bonds may be used.

318

JOURNAL OF THE SENATE,

Referred . to the Committee on Constitutional Amendments.
The following House Bills were read the 1st time and refer:red to committees:

By Messrs. Moore and Holloway of FultonHouse Bill No. 629. A bill to amend Charter of
City of Atlanta.
Referred to the Committee on Corp.orations.

By Mr. WilliamR of Miller
House Bill No. 702. A bill to amend Act creating City o Colquitt.
Referred to the Committee on .Corporations.

By DeKa1b DelegationHouse Bill No. 755. A bill to amend Act incor-
porating City of Chamblee. Referred to the Committee on Corpomtions.

By Messrs. Neill, Hatcher and Perkins of Muscogee-
House Bill No. 761. A bill to vest title to lot Number 3 in block sixty-six of the Commons of the City of Columbus.
Referred to the Co1mriittee on Corporations.

By Mr. Grant of HabershamHouse Bill No. 727. A bill to amend Act creat-

TRCR8DAY, .J-CLY 20, 19:22.

319

ing uew charter and municipal government for the City of Clarkesville.
Referred to the Committee on Corporations.

The following bill was read the 3nl time and taken for consideration:

Senate Bill No. 42. An Act to amend Par. 22, ee. 1, Art. 1 of the Constitution of this State, so as to confer upon the General Assembly the power to prescribe that pistols, revolvers, derringers, and the like shall be borne only by persons in the militar~' service when in actual service, and arresting officers when on duty, and for other purposes.
Section 1. Be it enacted b~' the General Assembly of the State of Georg-ia, and it is hereby enacted b~ the authority of the same, that paragraph 22, section 1, article 1 of the Constitution of the State of Georgia be, and the same is hereby amended by adding to said paragraph of said section of said article the following language, to-wit : ''And shall have the power to prescribe that pistols, revolvers, derringers and the like shall be borne onl~ by persons in the military service when in actual service, and arresting officers "hen on duty," so that said paragraph when amendeel b: this Act shall read as follows, to-wit: "The
right of the people to keep and bear arms shall not
be iufringed, but the General Assembly shall have pO\ver to prescribe the manner in which may be
borne, and shall have the power to prescribe that pis-
tols, revolvers, derringers, and the like shall be borne

:320

Jo"CRXAL OF THE SENATE,

only by persons in the military serYice when m actual service, and arresting officers when on duty."
Section 2. Be it further enacted that, if this constitutional amendment shall be agreed to by two thirds of the members of the General Assembly o each House, the same shall be entered on the J ourna with the Ayes and Xays taken thereon, and the Go ernor shall cause the amendment to be published one or more of the newspapers in each Congression District for two months immediately preceding the next general electiou, and the Yoters shall have \\Titten or printed on their tickets, "For ratification of Amendment to Par. 22, Sec. 1, Art. 1, of the Constitution" (providing for the restriction of the right to carry pistols and the like), or "Against ratificatiou of Amendment to Par. 22, See. 1, Art. 1, of the Constitution (Against providing for the restriction of the right to carry pistols and the like), as they may ehoose, and if a majority of the electors vote in faYor of ratifieation, then said amendment shall become a part of Paragraph 22, Section 1, Article 1, of the Constitution of this State, and the GoYernor shall make proclamation thereof.
Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
'fhe report of the committee, which was fa,orable to the passage of the bill, was agreed to.
The bill inYolYing an amendment to the constitution, the roll call was ordered ancl the vote was as follows:

THURSDAY, JULY 20, 1922.

321

Those voting in the affirmative were }Iessrs:

Akin, L. a
Bellah, J. M. Bond, Ohas. N. Boykirt, .James H. Brown, L. C. t'ampbell, R. ,;v, Child~, E. W. Collum, J. )L (;one, Rowell Coh;on, D. C. Da,id, A. B. Dalidl'lon, J. E. Kllil\, R. O. Fleming, Deni;;
Flen1ing, w. o.

Foy, John E. Cfolucke, Ahi11 G. Rolm!ll!l, R. H. Runt, T. M. Htttl'hens, H. C. ,John,, G. A. J01re~:~, John H. ,Junes, 0. K. of 6th Kimzey, Sam Lassiter, W. H. :\Iauson, Frank C. Xis, 0. A.
l'almour, .J. J.:.
J>eacock, C. H. Pope, David F.

Ridlt'), Dr., C. L. Rountree, J. L. ~belfield, R. H. !5now, Russell E. HtO\all, K. B.
a 'l'a.rpley, 0.
Ta.ylor, Gea. W Thomas, Janrei! R. Thorpe, E. M. Wall Dan Weuer, J. D.
Williams, Wiley Wohlwender, Ed. \\'omble, )!. D.

Those voting in the uegathre were Messrs:
,Jitck~on, J. B.

Those uot voting were Messrs:

Raml~n, Pat

liill~, .J. H.

Rollingswortl1, J. C. Richards, Will

Walk(>~', B. F. l:rr. President

Ares 44, Nays 1.

Ou the passage of the bill the Ayes were 44, the Nays were 1.

Tile bill having received the requisite two-thirds majority was passed.

Mr. Nix arose on a point of personal privilege and his remarks were with reference to a speech made br Governor H~rdwick in Quitman on yesterday.

:\Ir. June of 37th arose on a point of personal privilege and his remarks were with reference to a
Sig. 11-Benate

822
tpeech made by Governor Hardwick in Quitman on yesterday.
Mr. John.~ arote on a point of personal privilege and his remarks were with reference to a speech made by Governor Hardwick in Quitman on yesterday.
~Ir. Lassiter arose on a point of personal priYilege and his remarkt were with reference to a speech made by Governor Hardwiak in Quitman on yesterday.
Mr. Pope arose on a point of personal priYilege and his remarks were with reference to a speech made by Governor Hardwiak in Quitman on )resterday.
:Mr. Snow arose on a point of personal priYilegc
and his remarks were with reference to a speech
made by Go\ernor Hardwick in Quitman on ~ester day.
1\Ir. Golucke aros.e ou a point of personal prhileg-e
and hiS remarks were with reference to a speech
made by Governor Hardwiak in Quitman on yesterday.
Mr. Holmes arose 011 a point of persoual priYilege and his remarks were with reference to a speech made by Governor Hardwiak in Quitman on yesterday.
lir. Thomas arose on a point of personal priYileg-e and his remarks were with reference to a speech

THll'BBDAY, JULY 20, 1922.

323

made by Governor Hardwick in Quitman on yesterday.
The hour of adjournment having arrived the President announced the Senate adjourned until tomorrow morning at 10 o'clock.

324

.TorRXAL oF THE SENATE,

SE~ATE CHA:;\fBER, ATLANTA, GA.

Friday, July 21st, 1922.

The Senate met punmant to adjournment at 10 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 J oumals, 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. Ellis asked unanimous consent that all Senators haviflg bills and resolutions to introduce be allowed to do so at this time and the consent was graitted.

The following bills were introduced, read the first time and 1~eferred to committee:

By .Mr. Ellis-
Senate Bill No. 257. A bill to promote Forestry interests in the State of Ga.
Referred to the Committee on Agriculture.

By .Mr. PopeSenate Bill No. 258. A bill to amend Act abolish-

FRIDAY, JULY 21, 1922.

325

ing the Board of Roads and Revenues for Walker County.
Referred to the Committee on Counties and County Matters.

B~, l\lr. Haralson-
Senate Bill .No. 262. A bill to provide for further regulation relative to practice and procedure in several Cour-ts of Ga.
Referred to the Committee on General Judiciary Xo. 1.

By .:\Ir. :.Manson-
Senate Bill :No. 259. A bill the vest in Railroad Comniission power to regulate the operation of all motor vehicles that are common carriers.
Referred to the Committee on Railroads.

By l\Ir. Bond-
Senate Bill No. 260. A bill to amend the Prohibition Law of Georgia.
Referred to the Committee on Temperance.

By :\Ir. Johns-
Senate Bill No. 261. A -bill to amend Code so as to enlarge time of redemption under a tax sale.
Referred to the Committee on Special Judiciary.

326

JouRNAL OF 'IHE SENATE,

Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges of the Floor has. had under consideration the following resolutions 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:

By Mr. Clay-
A resolution extending the privileges of the floor to Mrs. Will Richards during her stay in the city.

By Mr. Clay-
A resolution extending the privileges of the floor to Hon. Thos. J. Hamilton, a prominent Georgian and Editor of Augusta Chronicle, during his stay in the city.
J. E. PALMOUR, Chairman.

The report of the committee was adopted.
Jlr. Palmour, Chairman of the Committee on Privileges of the :b.,loor, submitted t.he following report:
111r. President: Your Committee on Privileges of the Floor has
had under consideration the following resolution of

FRIDAY, JuLY 21, 1922.

3~7

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:

By 1\fr. Clay-
ResolYed that the privileges of the floor be extended to State Senator L. F. Watkins of Anderson South Carolina, for a period of 2 days.
J. E. P ALMOUR, Chairman.

The repo~-t of the committee was adopted.
:\Ir. Palmour, Chairman of the Committee on PriYileges of the Floor, submitted the following report:

llfr. President :
Your Commiltee on Ptivileges of the Floor has had under consideration the following resolutions 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:

B~ :Mr. Taylor-
A resolution extending the privileges of the floor to Hon. Elias Lott of Douglas, Ga., for 3 days.

By I\Ir. Clay-
A resolution extending the privileges of the floor to Hon. H. B. Moss of Cobb County, for 3 days
J. E. PALMOuR, Chairman.

328

JouRNAL OF THE SENATE,

The report of the COlll!flittee was adopted.
The following message was received from the House through Mr. Moore, the Clerk thereof:

M1. President :

The House has passed by the requisite constitutional majority the following bills of the Senate, towit:
Senate Bill No. 193. A bill to repeal an Act incorporating the Town of Crest.

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

M 1. President:
The House has passed by the requisite constitutional majority the followi:n~ Bills of the House, towit:
House Bill Ko. 616. A bill to amend an Act and amendatory Act granting corporate auth?rity to Town of Whigham.
House Bill No. 733. A bill to amend the charter of the City of Elberton.
House Bill No. 212. A bill to amend paragraph 3, Section 4, Article 3 of the Constitution, so as to provide for biennial sessions of the Legislature.
The following House bills were read first time and referred to commi.ttee:

FRIDAY, JuLY 21, 1922.

32!?

Bv )lr. Singletary of GradyHouse Bill No. 616. A bill to amend Acts grant-
ing corporate authority to town of Whigham.
Referred to the Committee on Corporations.

B~ Mr. Swift of ElbertHouse Bill No. 733. A bill to amend Act incor-
porating City of Elberton.
Referred to the Committee on Corporations.

By Mr. Mundy of Polk-
House Bill No. 212. A bill to amend constitution so as to provide for biennial sessions of the General Assembly.
Referred to the Committee on Constitutional Amendments.
Jlr. "\Vohlwender, Chairman of the Committee on Amendments to Constitution, submitted the following report:

J!r. President:
Yom Committee on Amendments to Constitution 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 following recommendations, to-wit:
Senate Bill ~o. ~- As to municipal corporations bonding themselves to invest in water powers, etc. Do not pass.

il30

J OURXAL OF THE SENATE,

Substitute for House Bill X o. 480. As to Brantle~ County. Do pass.
En \VoHLWE~IlER, Chairman.

1Ir. Goluck of 19th District, Chainnan of the Committee on Special Judiciary, submitted the following report:

J.lJ r. President:
Your Committee on Special Judiciary haYe hall untler consideration the following bill of the House and have instructed me, as Chairman, to report th(l Hame back to the Senate with the recommendation that the same do pass, to-wit:
House Bill Xo. 602. To amend an Act establishing a High School for "\Varrenton.
GoLUCKE, Chairman.
.i\Ir. Kix of !51st District, ' Chairman of the Committee on General.Jucliciary Xo. 2, submitted tlw following report:

Jl r. President :
Your Committee on General J udiciar~ X o. 2 haYe had under consideration the following bills of the House and Senate amllune instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same ~o pass:
House Bill No. 566. House Bill ~o. 572.

FRIDAY, JuLY 21, 1922.

331

House Bill No. 586. House Bill No. 619. House Bill.No. 686.
Also Senate Bill No. 181, which is reported back with the recommendation that it do not pass.
Nrx, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:
JJr1r. President:
Your Committee on Special Judiciary 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. 253. Senate Bill Xo. 217. Senate Resolution No. 77.
GoLUCKE, Chairman.

: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 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:

332

J OURKAL OF THE SENATE,

House Bill No. 715. To amend an Act to establish City Court of DmYson.
GoLUCKE; Chairman.

l\lr. Snow of 7th District, Chairman of the Committee on Railroads, submitted the following- report:

Ill r. President:
Your l 'ommittee on Railroads haYe had under consideration the following- bills of the House aml Senate and have instructed me, as Chairman, to report the same back to the Senate with the recomml'Jldation that the same do pass:
Senate Bill No. 124. Do pass as amended. House Bill No. 62. Do pass. House Bill ?:\ o. 70. Do pass.
Sxow, Chairman.

l\Ir. Fleming- of lOth District, Chairman of thP Committee on Commerce and Labor submitted thP following- report:
Mr. President:
Your Committee on Commerce and Labor has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report tlll' same back to the Senate, with the recommendation, to-wit:
Senate Bill 201. Do not pass. Senate Bill No. 203. Do pass.

FRIDAY, JULY 21, 1~2.

333

Senate Bill Xo. 220. Do pass. Senate Bill Xo. 252. Do pass.
I~LEC\IING, of the lOth, Chairman.

The following bills favorably reported were read secnnd time.

B~ llr. Moore of l*1ulton-
House Bill Ko. 566. A bill for the time of opening and closing pnlls in achool bond elections.

By 1\lr. Bentley, Holloway and Moore of FultonHouse Bill No. 572. A bill to amend the Act ctteat-
ing :\Iunicipal Court of Atlanta.
B~ 1\lr. Pruett of LumpkinHouse Bill No. 62. A bill to allow common car-
rims to issue annual passes to sheriffs and deputies.
By ~Ir. Hunter of ChathamHouse Bill Xo. 70. A bill to authorize common
carriers to sell freight which is unclaimed.
Br .Jlr. Strickland of Brantley-
Honse Bill No. 480. A bill to correct oortain mistakes in the creation of Brantley County.

Br lir. Parks of Terrell-
House Bill No. 715. A bill to amend the Act establishing City Court of Dawson.

334

J OURN'AL OF THE SEYATE,

By .Messrs. Neill, Hatcher and Perkins of 1\tiuscogee-
House Bill ~o. ;>86. A bill to amend the Act nbolishing Justice Courts in certain ways in City of ('olumbus.

By :\Ir. Hutchens-
Senate Bill No. 253. A bill to amend an Act to protect fur-bearing animals in Georgia.

By :Mr. 'Vohlwemier-
Senate Bill l\.o. 220. A bill to amend Georgia W orlmum 's Compensation Act iu certain lvays.

By :\Ir. ]'leming of lOth-
Senate BillKo. 252. A bill to place the inspection of hotels under State Board of Health.
llr. \Yohlwell(lcr moYed that when the Senate adjourn today it stand adjoumed till 'Monday Morniu~:, ,July 24th, Hl22, at 11 o'clock A.. :\I.
The follmviug resolution ''as read and taken up for consideration.

By Mr. Ridley-
Senate Resolution .No. 75. A resolution to accept certain money from the government so as to cooperate with the childreus Bureau.
Mr. !*,leming of 8th s11t,a-g-ested the absence of ::t quorum.

FRIDAY, J U-4Y 21, 1922.

335

The roll call was ordered and the following Senators answered to their names.

Bellah, J. )[. Bond_, Chas. N. Brown, L. C. Collum, J. )1. Cone, Howell Cobon, D. C. Da\id, A. B. Ellis, R. C. Fleming, Denis .Fleming, W. 0. Foy, .John E. Golu<ke, Alvin G.

Haralson, Pat Holling~worth, J. C. Hunt, T. li. Hutlhens, H. C. .Johns, G. A. .Jones, John H. .Jones, 0. K. of 6th Kimzey, i::lam ,\!ills, J. H. ~ix, 0. A. l'almour, J. E. Pope, Da\'id F.

Ri<hards, Will Ridley, Dr., C. L. ~belfield, R. H. :Snow, Russell E. ::ito\'all, E. B . Tarpley, R. 0 . Taylor, G~;o. \V. \Yeaver, J. D. \Villiam,;, Wiley \\'ohlwender, Ed. \Vomhle, )[. D. M.l. President

Those absent were:

.-\kin, L. R .l:loykin, ,Jame~ H. l'amphell, R. W.
l'hild,;, E. w.
Daddson, J. E.

HulnJC,;, R. H . Jackson, J. B. Lassiter, \Y. H. ,\Janson, .Frank L'. Peacock, C. H.

Rountree, J. L. Thoma,;, Jame" R . Thorpe, E. ;\-1. Walker, B. F. Wall D~tn

The Secretary announced there was a quorum present.

On the passage of the Resolution the ayes were 38, the Xays 0.

The resolution haYing recei,ed the requisite constitutional majorit~ was passed.

At the request of the author Senate Resolution Xo. 77 was \Yithdrawu from the consideration of the Senate.

rrhe following bills \Vere read the 3rd time and put upon their passage.

336

J OUR~AL QF THE SENATE,

By :Mr. Ricketson of Warren-
House Bill Xo. 602. A bill to amend Act establishing public school system for the town of Warrenton.
The report of the committee, which was favorable to the passage of1 the bill,. was agreed to.
On the passage of the bill the Ayes were :~6, Xays 0.
The bill having received the requisite constitutional majority was passed.

B~, 1fuscogee Delegation-
House Bill X o. 619. A bill to ratify and confirm a sale by the Commissioner of Commons of City of Columbus to .J. T. Cooper certain laud.
'rhe 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, Xa~s 0.
'.Phe bill ha\"ing rec::eive<l the requisite constitutional majority \vas passed.

By :Mr. Hunt-
House Bill ~o. 248. A bill to repeal Act creating a Board of Commissioners of Roads and Revenues for Hancock; Georgia.
The report of the committee, which was favorable to the passage of1 the hill,. was agreed to.

Ji'RIDAY, JULY 21, 1922.

337

On the passage of the bill the Ayes were 36, l:\ays 0.
'rhe bill having received the requisite constitutional majority was passed.

B~ J\Iessrs. williams and Adams of Walton-
House Bill ~ o. 686. A bill to amend Act changing time of holding ~fay and November Terms of Walton Superior Court.
'rhe report of the committee, which was favorable to the passage1 oft the bill, was agreed to.
On the passage of the bill the Ayes were 30, 1\ays 0.
The bill having received the requisite constitutional majority was passed.

Senate Bill ~ o. 1~)8. A bill to provide for licensing of nurserymen, dealers in nursery stock, tree surgeons, agents for the sale of nursery stock, etc.
The report of the committee, which was favorable to the passage ofI the bill,, was agreed to.
On the passage of the bill the Ayes were 27, l\ays 0.
The bill having received the requisite constitutional majority was passed.
.}Ir. Ridley asked unanimous consent that the bill

338

.J ocRXAL OF THE St:xAn:,

be immediately transmitted to the house and tlw COilsent was granted.

B~ )lr. Brantley of Pierce-
House Bill :\ o. 322. A bill to create the "Georgia ( 'hildrens Code Commission.''
The report of the committee, which was faYorable to the passage of1 the bill1 was agreed to.
On the passage of the bill the Ayes were 28, 1\ays 0.
The bill luning receiyeJ the requisite ~onstitu tional majority was passed.

By ~Iessrs. Clay and Golucke-
Senate Bill Xo. 217. A bill to prescribe the procedure for application for certiorari from Court of Appeals to Supreme Court.
1,he report of the committee, which was fa,orable to the passage o!i the bill, was agreed to.
On the passage of the bill the Ayes were 31, Xa~s 0.
rrhe bill having received the requisite constitutioual majority was passed.

By .Jir. Haralson-
Senate Bill No. 214. A bill to give Federal Government authorit~, to establish rules for protection of Game and !<,ish.

J1'RIDAY, JULY 21, 1922.

339

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, :Xays 0.

The bill having received the requisite constitutional majority was passed.

B~' ~Ir. Herring of Schley-
House Bill No. t565. A bill to be entitled an Act to provide for a salary for the treasurer of the county of Schley, and for other purposes.
'rhe following amendment was offered by Mr. Collum:
~lr. Collum mo\es to amend House Bill K o. 565 as follows:
~Ion's to amend Section 1, by striking the figures 1923, and inserting in lieu thereof the figures 1925, so that said section when amended will read as follows:
Section 1. Be it enacted b~- the General Assembly of Georgia, and it is hereb~- enacted by authority of the same, That the Treasurer of Schley County, Georgia, from and after J anuar? 1st, 1925, shall be paid as full compensation for all services as Treasurer the sum of three hundred ($300) dollars per anmun, the same to be paid in equal monthly installments by ,-ouchers approved by the Board of Commissioners of Roads and Revenues.
The amendment was adopted.

340

JouRNAL OF THE SENATE,

'he 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 30, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
The following resolution was read and adopted.

By :\lr. :Manson, et al.-
Senate Resolution No. 71. A resolution providing for a Commission to prevent dismantling of A. B. & A. Railway.
:\Ir. \Vholwhender moved that the Senate do now atljoum and the motion prevailed.
Cnder a previously adopted resolution the President announced the Senate adjourned till Monda~ morning at 11 o'clock.

2\!{0NDAY, JuLY 24, 1922.

341

SENATE CHAMBER, ATLANTA, GA.
l\Ionclay, July 24th, 1922.
The Senate met pursuant to adjournment at 11
o'clock A. M. this Day 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.
STATE OF GEORGIA: EXECUTIV:BJ DEPARTMENT, ArrLAKTA.
July 24, 1922.
The following message was received from His Excellency the GoYemor, through his Secretary, 1\Ir. Blalock:
Mr. President:
I am directed by His Excellency the Govenwr to deliYer to the Senate a sealed communication, to which he respectfully invites your attention in executive session.
The following communication was received from the Governor, through Mr. Blalock, the Secretary thereof.

342

JouRNAL oF THE SENATE,

STATE OF GEORGIA: EXECUTIVE DEPARTMENT, ATLANTA.

.July 21st, 1922.

To the General .Assembly of Georgia:
I hand you herewith report, as required by the Constitution of Georgia, showing action taken by me in all clemency matters, including reprieves, probations, paroles, commutations and pardons granted since June 25, 1921.

Respectfully submitted, THos. W. IL4-RDWICK, Governor.

STATE OF GEORGIA, ExEcUTIVE DEPARTMENT,
.June 28, 1922.

REPORT OF CLEMENCY CASES REPRIEVE
EARLY BRADLEY: Stephens County, reprieve petitioned by .Judge J. B. .Jones, Judge Superior CO'urt, Northeastern Judicial Circuit. Respited from
July 8, 1921 to August 5, 1921. .
JOE JACKSON: W..orth County, respited from December 16, 1921 to .Januar~ 6, 1!"122 at request of the Prison Commission for more time to investigate

~loxD.n, ,JT:LY 2-, 1922.

343

application for commutation of sentence to life imprisonment.
\YILL LV~fPKIX: Berrien County, respited from January 6, 1922 to January 27, 1922, and again from .Januan 20, E)22 to Februar~ 26, 1922 at request of Prison Commission for more time to consider his application for commutation to life imprisonment.

H. LAXU:;R & .J. M. HARLEY: ( 'hatham Count~, sentence suspended for thirty da)~S from :\Ia~- 12, 1922 and for an additional thirt~ da~s from .June 12, 1922 to allO\\" Prism1 Commission more tinw for consideration of application for clemenc~.

.JOHX THO:\IPSOX: Clarke Count~, Prison Commission requested respite for thirt~- days. Rrpriewcl for thirt~- days from :\Ia~ 19, 1922.

FRAXK JOXIGS: Chatham Count,,, sentenced to

be hung June 9, 1922. At the request of the trial

.Judge aucl Solicitor, who made showing that appli-

cant had paral~sis and had onl~ a Yer~- short time

to liYe, and that it would be a disgrace to the law of

Geontia ..___,

to

hang ~

a

man

in

such

}Jh\sical ~

condition '

n'spited for sixt~- da.n; from :\Ia~ 29, 1922 in order

to make full imestigation into cm1mmtation of sen-

tenet> .

.JOHX THO:\IPSOX: Clarke County, Prison Commission having declined to recommend executi \'e clemency in this case, reprieYed from June 1-, 1922 to .Jul~- 7, 1922 in order for GoYernor to haYe time to considL'r the case.

344

JouRNAL OF THE SENATE,

VOGUE LAMAR: Fulton County, Prison Commission having declined application for clemency, and Governor desiring to have more time to consider the same, reprieved from June 21, 1922 to July 21, 1922.
LUDIE RILEY: Dougherty County, sentence suspended from .June 21, 1922 until July 21, 1922 in order for Governor .to have time to consider the application.

PROBATIONS
B. J. Dasher, City Court Liberty County, July Term 1920. Violating prohibition law. Upon recommendation of Prison Commission probated on July 8, 1921.
IVORY PEARSON: City Court, Dublin, March Term 1921. Violating prohibitionla\v. Upon recommendation of Judge, Solicitor, County Commissioners, and Prison Commission, probated Jul'y 12, 1921 upon payment of fine of $75.
JAKE YALLEDY: City Court Lowndes County, violation prohibition law. "Gpon recommendation of Judge and Solicitor, and having served all but six weeks of his sentence, probated on July 25, 19~1.
ERIC MAY AND DICK KERR: Fulton Superior Court, January Term 1921, robbery. 12 and 12 months or $200 in one case. Upon recommendation of Prison Commission allowed to pay fine and serve remainder of sentence on pro,bation. July 29, 1921.

:\fo~DAY, JULY 24, 1922.

345

H. L. JOLLY: t'ity Court Polk County, March

Term 1921, violating prohibition law. 12 months.

1.7pon recommendation of Prison Commission, pro-

bated on Sept. 6, 1921.



JD:[ EV:AKS: Harris Superior Court, January Term, 1920. Violating prohibition law. 12 months. rpon recommendation of many citizens of Harris County and the Prison Commission, probated Oct. 3, 1921.

AXDREvV D. BARBOUR: City Court of Savannah, July Term 191!;, viol'ating prohibition law. 12 months. Recommended by Solicitor and Jury, also Prison Commission. Probated Nov. 17, 1921.

L.A. LELO~\CH: City Court of Macon. December Term 19:21. Violating prohibition law. 12 months or $750. Recommended by Prison Commission. Fined $100 and probated Dec. 15, 1921.
R. G. MICHAEL: City Court of Macon.. December 1921. Yiolating prohibition law. 10 months or $500. RecommeiHlcu by Prison Commission. Fined $100 and probated, Dec. 15, 1921.
R. G. ~IICHAEL: City Court of :\lacon. December 19D. Carrying concealed weapons. Recommended b~ Prison Commission. Fined $100 and probated Dec. 15, 1921.
JERRY THORPE: Houston Superior Court. November Term 1920. Selling liquor. 15 months. Recommended by trial Judge, Solicitor and County authorities, also by Prison Commission. Also is in bad physical condition. Probated December 10, 1921.

346

J Ot:'RxAL oF THE SExATE,

\VILLIAM DORSEY: Baldwin Superior Court. June Term 1921. Misdemeanor. H months or $100 and 3 months. Recommended on account of having tuberculosis, by Prison Commission, Judge, Solicitor, Sheriff, County Commissioners, warden and the prosecutor in the case. Probated December 8, 1921.
PETER SIMON: City Court of Savannah.
August Term 1921. Larcenv. . 12 months. . Goods
stolen amounted to only $3.00. Recommended h~ Prison Commission. Probated Dec. 10, 1921.

ALBERT BUTLER: City Court of Yaldosta. January Term 19:21. Carrying concealed wea pons. 12 months. Bad physical condition and recommendation of County Commissioners, Physician and Solicitor and Prison Commission. Probated on Dec. 10, 1921 .
.T. J. COOK: Gordon Superior Court, August Term 1921. Violating prohibition law, 6 months and fine of $76. Recommended hy Solicitor, Sheriff, many Citizens and Prison Commission. Probated and fined $76. December 10, 1921.
0. H. BRADY, wELDON PHILLIPS, AND H. HOLLO"WAY: Criminal DiYisiou, Atlanta Court. Fall Term 1921, possessing liquor. 8 months each. Recommended hY Prison Commission. Fined $25 each and probated January 18, 1922.
AMOS wiLKES: Wilkes Superior Court. February Term 1921. Violating prohibition lm'T 12 months or 6 months and $350. Served all but 6

:M:o~DAY, JULY 24, 1922.

347

weeks. Recommended by Judge and Prison Commission. Probated January 6, 1922.
l~NOCH P ATTERSOX: Fannin Superior qourt. October Term 1921. "\Yife beating. 12 months. Recommended b~ Prison Commission. Probated Jannan 16, 1922.
.JOHX J.ACKSOK A~D SCOTT DOvVDY: Taliaferro Superior Court. Septenl!ber Term 1921. Lareeny. 9 months. Recommended on account of new evidence. Probated 1farch 8, 1922.
H. P. HOWARD: Chatham Superior Court, July Term 1921. ReceiYing stolen goods. 12 months. Recommended by .Judge, Solicitor, and Prison Commission. Probated 1Iarch 8, 1922.
JOHX I:XGRA::'\1: City Court Polk County. Violating prohibition law. 12 months or $500. Recommended by .Judge, Solicitor, Sheriff, and Prison Commission. Probated :March 29, 1922.
.:\IAHALA A~D LIZZIE SAPP: Appl'ing Superior Court. Octaber Term 1921. Vagrancy. 12 months each. Recommended by Prison Commission. Probated April 12, 1922.
JOHN" DALTON: Catoosa Superior Court. February Term 1921. Assault to rape. 12 months. Recommended by Judge, Solicitor, many citizens and Prison Commission. Probated April 12, 1922.
"\Y}l. L. DAKIEL: Gwinnett Superior Court, l\Iarch Term 1922. Stealing ride on train. 3 months. Recommended b~ Prison Commission. Probated April 4, 1922.

348

.JoeRXAL OF THE SEXATE,

ALICE, SUSIE AND CARRIE WEAVER: City Court of .Jesup, July 'f'erm 1921. Vagrancy. Reconm1ended >by .Judge and Prison Commission. Probated April17, 1922.

GEORGE ALLEN: Bibb Superior Court. June Term 1921. Violating prohibition law. 12 months or 6 months and $400. Recommended bY Solicitor and Prison Commission. Probated April 17, 1922.

\V. J. FAULKXER: Monroe Superior Court. Xovember Term 1921. Viol'ating prohibition law. 12 months. Recommended by Judge, Solicitor, County Commissioners and the Prison Commission. Probated l\Ia.y 3, 1922.
G.AI~ES BIEVIXS: \Yalker Superior Court. February Term 19:22. Yiolating prohibition hn,. 12 months. Recommended by .Judge and Prison Commission. Probated on .Tune 13, 1922.
,J. \V. ~IX: Berrien Superior Court. :Jiarch Term 1921. Violating prohibition law. 12 months. Recommended by J uclge, Solicitor, and other officers. Also by Prison Commission. Probated ,June 5, 1922.
..-\.DAM HARBOUR: City Court of Rome. :Jiarch Term 1922. Having liquor. 9 months. Reconunended by trial J'lldge and Jury nnd Prison Connnission. Probated June 6, 1922.
,JI::\1: RIGGIKS: Flo~cl Superior Court. January Term 1922. Receiving stolen goods. 12 months. Recommended by .Judge, Solicitor, and Prison Commission. Probated .June 6, 1922.

}fONDAY, .JULY 24, 1922.

:i49

~IATTIE KUGLAR: Fulton Superior Court. .:\Iay Term 19:2:2. Violating prohibition law. 8 months. Pardoned .June :20, 1922 account of recommendations and necessity of caring for 7 small' children, and payment of fine of $50.
R. :\I. COLE: Douglas Superior Court, ::\iarch Term 1921; Manufacturing liquor. 12 months or $700; account of recommendation of trial Judge and other officials, and time already served, probated June :22, 192:2.

PAROLES
Even application for parole was recommended h~ the Prison Commission.
.A. J. HILL: ~Iuscogee Superior Court, ::VIay 191G; 2\Iurder; life. Paroled July 11, 1921, in view of recommendn tion of Solicitor-General.
ZEDDIE PATTEHSO:-J: \Yare Superior Court. May Term 1916. Murder; life. Paroled July 13, 19:21.
J. R. JENKINS: .Muscogee Superior Court. December Term 1914. Murder; life. Paroled July 18, 1921 on account of doubt of applicant and strong recommendation of Solicitor.
T. Q. IR\VIN: Pike Superior Court. February Term 1918. 2\fanslaughter; 12 years. Paroled .July 19, Hl21 on account of .Judge and Solicitor's recommendation.
\Y. L. DARBY: Toombs Superior Court, N ovem-

350

JouRNAL oF THE SENATE,
.

ber Term 1916. ~1anslaughter; 5 years. Paroled

July 29, 1921, recommended by all trial jurors, .Judge,

Solicitor, and all officials of the County.

BERT PUTNAM: Gwinnett Superior Court. ber Term 1919; manslaughter; 5 to 10 years. Paroled Aug. 2, 1921. Recommended by all County officials.

B. H. M '\VHORTER : Fulton Superior Court. November Term 1918. Larceny of auto ; 5 years. Paroled August 4, 1921. Strongly recommended by Judge.

A. C. DANZY: Crisp Superior Court. July Term 1919. Larceny; 3 years. Paroled August 4, 1921. Recommended by Judge, Jury, Solicitor, prosecutor and county officials.

D. \V. wEBSTER: Crisp Superior Court. July Term 1919. Larceny; 3 years. Paroled August 4, 19:21. Recommended by Judge, Jury, Solicitor, prosecutor and county officiars.
.J. B. KING: Fulton Superior Court. May Term 1919. Larceny; 3 years. Paroled August 4, 1921. Recommended by trial Judge and Solicitor.

SA:M"C"EL SHELTON: Richmond Superior Court. :Jiay Term 1920. Larceny of automobile; 2 years. Paroled August 11, 1921. Recommended by .Judge, Solicitor, and county officials.

ZACK ALLEN: Irwin Superior Court. l\Iay Term 1917. Assault to murder; 7 years. Paroled August 12, 1921.

.:\10XDAY, ,JULY 24, 1922.

351

ALLEN" D. IN~L-\K: Burke Superior Court, ~-\pril Term 1915. l\Iurder; life. Paroled August 29, 1921. Applicant 67 years old and in very poor health. Recommended by trial Judge, Soricitor, all of trial Jury and numerous citizens.

HEARD STO\V"E: Hall Superior Court, Jannary Term 1922. .Murder; life. Paroled on ~-\ugust 29, 1921. account of recommendation of Grand Jury and trial Jur~r, also by trial Judge.
.:\I. E. SCOGGINS: Floyd Superior Court. August Term Hl19, manslaughter; 12 years. Paroled August 30, 1921.

.JOHN JONES: Elbert Superior Court, March Term 1907. :.\Iurder; life. Paroled on August 30, 1921 on account of recommendation of Grand ,Jurors and trial Jurors, and the service rendered the State in capturing escaped prisoners.
YfASH DEA~: Houston Superior Court. October Term 1912. :.\Iurder; l'ife. Paroled August 31, Hl21 aceoun t of strong <.>ndorsement of Judge, .Jnry and Holicitor.
GEORGE GOOLSBY: "Cpson Superior Court. l<'ebruary Term 1910. :.\Iurder; life. Paroled Septemher 1, l!l2J on account of doubt of guilt of applicant.
E. G. \VOMACK: Campbell Superior Court. Fehruan Term 1919. :.\Ianslaughter; 12 years. Paroled September 7, 1921. Strongly recommended by all officials.

352

JOURNAL OF THE SENATE,

FOSTER C.A\VTHORN: Jackson Superior Court. August term 1917; assault to murder; 6 years. Paroled September 7, 1921, account of applicant's good character and numerous recommendations.

\VILL \VALKER: Sumter Superior Court; November Term 1916; murder; life. Paroled September 8, 1921 account of extreme old age of applicant, 62 years.

GORDON RAY: Cherokee Superior Court; February Term 1918; manslaughter; 10 years. Served more than minimum sentence. Paroled September 9, 1921.
\Y. C. SMITH: Fulton Superior Court; September Term, 1919; manslaughter; 5 to 10 years. Paroled September 10, 1921, account condition of his helpless and penniless wife and 3 children.
OSCAR G. RIGGS: Gilmer Superior Court; October Term 1917; murder; life. Paroled September 20, 1921. Recommended by all county official's and prosecutor.

W. J. McNAUGHTON: Emanuel Superior Court; October Term 1910; murder; life. Paroled September 21, 1921 account of doubt of guilt of applicant and numerous recommendations of officials and citizens .
JOHN \V. LEAKE: Fulton Superior Court. May Term 1916; burglary; 10 years. Paroled September 26, 1921. Party jointly indicted with ap-

:\IoxDAY, .frLY 2-tc, Hl22.

3;.)..,,

plicant was given new trial and sentenced for 12 months. Applicant had sernd over 5 years.

::\IITCHELL TAYLOR: Muscogee Superior Court; Noven:~:ber Term 1901; murder; life. Paroled September 28, 1921. Had seiTed more than 20 years with good record.
wiLL GREEN: Upson Superior Court; Xon'lll ber Term 1915; Bestiality; 12 years. Paroled September 29, 1921. Had sernd over 6 years and Jwd strong- recommendations.
TALLEY HALL: Coffee Superior Court; September Term 1917; larceny; 4 years. Paroled September 30, 1921. Had completed all hut a few months of his sentence.
EVERETT DUNCAX: Grady ~uperior Court; rape; 8 years. Febru_ar~ Term 1919. Very technical and doubtful case. Paroled October 3. 1921.

:\I lTSS LINDER: Hart Superior Court. April Term 1913; manslaughter; 20 years. Paroled October 5, 1921. Killing oc<'urred in negro gambling game, defendant claimed self-defense. Strongly reeommended .
.JDI REEV1f~S: Pickens Superior Court; October Term 1918; manslaughter; 6 years. Paroled Octolwr 1-i, 1!121 account of conflicting eYidence and recommendationR h~ Judge and other officials.
l'OLlJJIBIA CA::\IPBELL: .Jenkins Superior Conrt; September Term 1915; attempt to murder;
Sig. 12-Senate

354

JorRXAL OF THE SENATE,

10 years. Applicant ol'd and Yery feeble, hau served over 5 years. Recommended by trial Judge.

ALBERT JORDAN: HaTt Superior Court; October Term 1914; murder; life. Paroled October 24, 1921, Prison record good, recommended by ,Judge, Jury and prosecutor.
'VILLIE GASTON: Chatham Superior Court; December Term 1919; burglary; 3 to 7 years. Paroled October 25, 1921. Strongly recommended.

JOHN ALE:XA)JDER: Hall Superior Court; May Term 1920; manslaughter; 2 to 3 years. Paroled November 7, 1921. Recommended by Judge, entire .Jury, Sheriff, and other officials and citizens.

ISAAC XAPP: )!organ Superior Court; September Term 1908: murder; life. Paroled on Xo\cmber 12, 1921.
CHARLEY KEXDALL: Taylor Superior Comt; January Term 1916; murder; life. Paroled Xonmber 12, 1921, account of new cYiclence.

LOOKEY SHROPSHIRE: :F'ayette Superior Court; Reptember Term 1915; manslaughter; :20 years. Account of extreme youth of applicant and recommendations. Paroled November 16, 1921.

GEORGE T. THRASHER: Fulton Superior Court; ~lay Term 1920; larceny; 3 years. Paroled Noyember 16, 1921, Jury recommended misdemeanor punishment and he had serYecl longer than misdemeanor sentence.

}[ONDAY, ,] UI~Y 24, 1922.

353

J. B. SIKES: Evans Superior Court; October Tenn 1917; manslaughter; 10 years. Paroled December 10, 1921. Applicant was only 17 years old when crime was committed. Served 4 ~ears of sentence. Recommended by large number of citizens and official's.
SOL BROWN: Pierce Superior Court; :May Term 1913; murder; life. Paroled December 10, 1921. Applicant had good character and made splendid prison record.
2\L\.RY RANSOM: Dooley Superior Court; February Term 1918; manslaughter; life. Paroled December 8, 1921. Prison Record good, recommended by Solicitor and many others.
.J. S. & GRIGGS BAILEY: Miller Superior Court; April Term 1919; receiving stolen goods. 3
and 30 years. Paroled December 8, 1921. Appli-
cants are W'hite men who previous!~ bore good characters. Have sened two years.
\VILLIA::\I STEVEXS: Pulaski Superior Court; :March Term 1905; murder; life. Paroled December 8, l 921, recommended h_,. warden and many County officials.
BEST ARMSTRONG: Houston Superior Court; April Term 1916; murder; life. Paroled December 8, 1H21. Prison record good, recommended b~ trial Judge and others.
-:\L\.RY -A~DERSON: Terrell Superior Court; l\Ia.\ Term 1916; murder; life. Paroled November

356

JOl:RXAL OF THE SEXATE,

30, 1921 ; had served 5 years. Strongly recommended.

BE~ CRU~ILEY: Terrell Superior Court; ::\lay Term 1913; murder; life. Paroled November 30, 1921 account of conflicting evidence and recommendation of trial Jury.

TOM RUSSELL: Richmond Superior Court; September Term 1916; robbery; 10 years. Paroled November 25, 1921. Applicant denied his guilt. Strongly recommended by trial Judge, Solicitor, Warden, county officials and many citizens.

JACK ELROD : Habersham Superior Court; March Term 1908; murder; life. Paroled Xovember 30, 1921. ~\nother man admitted he did this killing. Recommended by trial Judge.
R. S. ELLIOTT: Berrien Superior Court; April Term 1912. Assault to murder; 6 years. Paroled N ovcmber 26, 1921, StrongI~ recommended by prosecutor (man who was shot) also by Judge and .Jury.
CLIFF BYRD: Quitman Superior Court, ::\larch T'erm 1914; murder; life. Paroled X ovember 28, 1921. Strongly recommended.

JOHX 0. GARTRELL: Fulton Superior Court; ::\larch Term 1920; larceny of auto; 5 years. Paroled December 29, 1921. account of insufficient evidence nnd applicant's prior good character.
RALPH ::\fiLLER: Spalding Superior Court; August Term 1905; murder; life. Paroled Decem-

)lOXDAY, JCLY 2-!, 1922.

357

ber 29, 1921. Has served 16 years with good record. Recommended by Judge, Jury, Solicitor.

\VALTER TAYLOR: Heard Superior Court; September Term 1913; murder; life. Paroled December 17, 1921. Had served 8 years. Recommended by prominent citizens, familiar with the case.

TO).I GORE: Bartow Superior Court. July Term 1919; murder; life. Paroled December 17, 1921, account of youth of applicant wl1en crime was committed. 14 years.

"\VALTER RAGAN: Grady Superior Court; Xovember Term 1919; larceny; 3 to 4 years. Paroled December 17, 1921. Had serYecl 2 years for hog stealing. In Yery bad physical condition.

JOHN "\Y. W"RIGHT: Fulton Superior Court; ).fay Term 1919 ; larceny of auto; 5 years. Paroled December 19, 1921. Had served 2 years with good record. Recommended by prosecutor.
CLARENCE PRYOR: Pike Superior Court; December Term1920; manufacturing liquor; 3 years. Paroled .January -1-, J 922. Reconnne~ded by trial Judge and Solicitor.
LOU BELL S)liTH: Macon Superior Court; )lay term 1917; manslaughter; 5 years. Paroled December 20, 1921.
JIM COLEMAN": wilcox Superior Court; Jannary Term 1914; murder; life. Paroled December 22, 1921, strongly recommended by trial Judge.

338

JoGRXAL O.r' THE SENATE,

GARFIELD JO~ES: Lowndes Superior Ct,urt;
May term 1912; rape; 15 years. Paroled .ranuary
19, 1922; Has served 9 years with good record.

RANDOLPH MOSELEY: Emanuel Superior Court; April Term 1911; murder; life; -paroled January 17, 1922; had served 10 years with good cou. duct; evidence was circumstantial and applicant always denied his guilt.

CLAUDE :MALO~E: Bartow Superior Court: January Term 1911; burglary; 10 years; paroled January 17, 1922; had served 5 years with good conduct. Recommended by al1 trial officials.

BOISE GOLD:lL-\N: Richmond Superior Court; June Term 1915; murder; life. Paroled December 20, 1921; evidence conflicting; strongly recommended by trial Judge.
LIGE HARRIS: 'Wilkes Superior Court; Kovemher Term 1917; manslaughter; 8 years. Paroled December 20, 1921; recommended by Judge, Solicitor, trial Jury, vVardeu, and County Commissioners.
ED YOUNG: Richmond Superior Court; ~ovember Term 1916; robbery; 10 years; paroled April17, 1922; had sened over 5 years with good recortl.
J ARCS PASCHAL : \'lilkes 8-uperior Court; November Term 1909; murder; life. Pai'oled April 17, 1922.
ENXIS McDOXALD: Carhoun Superior Court; August Term 1918; manslaughter; 9 mouths;

)fOXDAY, JULY 24, 1922.

359

paroled April17, 1922; recommended by trial Jurors, Judge, and large number of citizens.
ALLEK LIKDSEY: Glynn Superior Court; :Jiay term 1912; murder; life. Paroled April 17, 1922; recommended by Jury, Solicitor and large number of citizens.
IVY KAYLOR: S'lliD.ter Suprior Court; November Term 1914; mansla:ughter; J years. Paroled April 17, 1922; account of distressing circumstances of his family.
HILL .JOHNSO~: Carroll Superior Court; April Term 1910; murder; life. Paroled April 17, 1922; recommended by Jmy, Judge and Solicitor.
CLA'GDE JACKSON: Jasper Superior Court; murder; life; August Term 1914. Paroled April17, 1922; recommended by Jury, Judge and Solicitor.

LUCI'GS HO'WARD: Putnam Superior Court; 1\Iarch Term 1913; manslaughter; 20 years. Paroled April17, 1922; prior good character and good prison record; served 9 years, which is -considerably longer than the average term given in manslaughter cases.
ROBERT GREEN: Chattooga Superior Court; March Term 1915; burglar~y; 15 years. Paroled April 27, 1922; recommended b~r prosecutor, .Judge and others.
\VILL REYNOLDS: Chattooga Superior Court; March Term 1915; burglary; 15 years. Paroled April 27, 1922; recommended b~r prosecutor, Judge and others.

360

.JouRNAL OF THE SENATE,

"WILLIE SUMMERLIN: Cobb Superior Court; March term 1911; murder; life. Paroled April 27, 1922; had served more than 10 years, recommended by trial Judge and Solicitor.

HENRY GOINGS: Montgomery Superior Court; February Term 1915; murder; life. Paroled April 28, 1922 ; recommended by all trial jurors, Judge and others.

MELTON :JHATHIS: Worth Superior Court; September Term 1914; murder; life. Paroled May 1, 1922; recommended by Judge, Jurors, Solicitor and numerous citizens.

THOS. E. BUTLER: l\Iuscogee Superior Court; February 'l'enn 1921; burglary; 2 years. Paroled April 29, 1922; had served more than 1 year, the minimum for burglary. Recommended by prosecutor, Judge, Solicitor, and others.

~fALACHIE WILLLL\fS: Emanuel Superior

C~ourt JanuarY Term 1917 manslaughter i5 Years

'

.,

'

'

o:

1

more than serTed minimum sentence. Paroled }[ay

5, 1922.

NOVA :J:IOORE: Spalding Superior Court; January T~rm 1913; murder; life. Paroled May 9, 1922; numerous petitions for parole in this case.
BESSIE CASHIOX: Burke Superior Court; October Term 191:3; murder; life. Paroled May 18, 192-2; recommended hy trial Judge and Solicitor.
CLIFF NE"WTOX: Madison Superior Court; January Term 1919; manslaughter; 15 ~'ears. Paroled

-
l\foNDAY, JULY 24, 1922.

361

:\lay 18, 1922; recommended by .Judge, Solicitor and numerous officials.

:JI. H. IHAYFIELD : vValker Superior Court; September Term 1917 ; manslaughter; 8 years. Paroled May 17, 1922; had served more than 4 years.

XAPOLEON vVASHINGTO:N: Fulton Superior Court; January Term 1919; roibibery; 10 to 20 years. Paroled :May 18, 1922; because of his previous good record and his youth, also re<:ommendations of .Judge and Solicitor.
HE~RY DAVIS: Fulton Superior Court; June Term 1920; burglary; 3 years; Paroled May 18, 1922; had served 2 years; evidence was circumstantial.
,J. P. :YlciNTYRE.: Fulton Superior Court; Octoher Term 1919; attempt to murder; 4 to 5 years. Paroled April14, 1922; 1ecommended by trial Judge, Solicitor; and large number of citizens.

:\lOSE W_ILLIA~fS: Fulton Superior Court; :\lay term 1919 ; burglary; 5 years; paroled :Ylay 19, 1922; strongly recommended.

PLEAS DOSS: Grady Superior Court; March Term 1921; assault to murder; 2 to 4 years. Paroled May 18, 1922 on account of recommendations of .Judge, Jur~.
EULA \VILLIA:JfS: Morgan Superior Court; ::\larch Term 1912; murder; life. Paroled April 1, 1922; had served ten years recommended by Judge and Solicitor.

362

.JoGRXAL m' THE SEXATE,

JOE BOYD & WILL MORGAN: Pike Superior Court; December Term 1~20; manufacturing liquor; 3 years. Paroled March 30, 1922; account of priot good character and strong recommendations.

-WILLIE COLSON: Fulton Superior Court; February Term 1921; larceny of auto; 2 years. Paroled :Jiarch 30, 1922; had served nearl~ whole sentence; recommended by prosecutor.

~IINNIE HARTLEY: Chatham Superior Court; :March Term 1917; robbery; 15 years. Paroled ~larch 30, 1922; joint applicants swear she had nothing to do with this robbery, which amounted to $4.80. Served 5 years.
JAKE DANIEL: Cobb Superior Court; September Term 1919; burglary; 10 to 15 years. Paroled March 29, 1922; recommended by Judge, Solicitor and prosecutor.
LILLY HE_-\D: Henry ~uperior Court; April Tern:1 1913; manslaughter; 20 years; Paroled l\Iarch 28, 1922; had seiTed 9 years which is much above aYerage for the crime.

:JIARY CAGE: Rockdale Superior Court; October Term 1916; manslaughter; 15 years; paroled April 3, 1922; had serwcl 5 ~ears; hugel~ recommended.
WILLIE DAVIS: ::Uuscogee Superior Court; Xovember Term 1920; burglary; 5 to 10 years. and trial Judge. Paroled April 12, 1922; reconnneudeu by prosecutor

:MoNDAY, JuLY 24, Hl22.

363

A. B. JONES: Hart Superior Court; April Term 1911; rape; 20 years; parofed April 12, 1922; had served more than 10 years; also account of new evidence introduced.
LOUIS JOHNSON: Fulton Superior Court; J mmary Term 1920; burglary; 5 to 10 years. Paroled April 18, 1922; account of applicant's age, 2 years service, recommendation of prosecutors, Judge, Solicitor, and other officials.
LKWIS FAIN: Floyd Superior Court; July Term 1908; murder; life; paroled April 5, 1922; had served 13 years with good record.

ED vVATSON: September Term 1917; Fulton Superior Court; burglary; 10 years. Parol'ed April 10, 1922; applicant was held in jail1 year by mistake or failure of Clerk to certify conviction. Served 3~ years with good record.

GRADY "'WARD: vValton Superior Court; February Term 1920; shooting at another; 2 to 4 years; trial Judge and prosecutor join in recommendation.
CHARLE,Y CARTER: Early Superior Court; October Term 1915; manslaughter; 16 years. Paroled April17, 1922; recommended by trial jury.
EAR)JEST HOUSE: Bartow Superior Court; Fall Term 1913; murder; l'ife. Paroled April 17, 1922.
CURLEY MONTGOMERY: Lee Superior Court; May Term 1914; murder; life. Paroled April 17, 1922; recommended by trial Jury.

36-

.Tol."RXAL oF THE SE)IATE,

JOHN H. CHANCEY: Decatur Superior Court; Fall Term 1915; murder; life. Paroled April 17, 1922; recommended by Judge, Jury and large number of citizens and officials.
P. C. AND "WALLACE FUTCH: Tattnall Superior Court; April Term 1911; murder; life. Paroled April17, 1922; recommended by large numher of citizens, Jury, Solicit~r, and other officials.
JOE WOODS: Bulloch Superior Court; December Term 1911; murder; life. Paroled ~\.pril 11, HI~~; recommended b~- ,Judge, Solicitor nnd other officials and citizens.
.JIM )fANN: "\Yalton Superior Court; ~\ugust Term 1910; murder; life. Paroled Aprif 17, 192~; recommended hy Judge and Solicitor; had seryed
]~years.

SHAIHVICK WEBB: Early Superior Court; .\ pril term 1913; munler; life. Paroled ~\ pril 11, 19~:2; recommended b~- jur~ and many citizens.
GEORGE STARK: Pike Superior Comt; December Term 19~0; manufacturing liquor; :3 years: paroled ~\pril 17, Hl:2~: all others engagell in thi~ transaction hme (ither been pardoned or paroled. Recommended b~- Judge and Solicitor.
.MAJOR S::\HTH: Chattahoochee Superior Court; ~Iarch Term 1915; murder; life, recounuended by Solicitor General. Paroled December ~0, H)~l.
.JEFF MORGX~\: Hall Superior Court; .July Term i905; murder; life. Paroled December ~0,

)loNDAY, JULY 24, 1922.

363

1921; had senecl 16 years; recommended by Judge and jurors.
BEN HIGGS: "\Yare Superior Court; December Term 1915; murder; life. paroled December 20, 1921.
\YILL SHEPPARD : ::\Iontgomery Superior Court; May Term 1915; murder; life. Paroled December 20, 1921 ; recommended by Solicitor.
CHARLEY PITTS: Stephens Superior Court; September Tenn 1916; murder; life. Paroled December 21, 1921 account of prior good character and recommendations of trial Judge and Solicitor.
GEORGI<~ BrTLEH: Fulton Superior Court; .January Term 1914; robber~'; 15 years. Paroled December 21, 1921 acconnt of recommendation of trial Jury, Judge and Solicitor.
JOAN HINES: Decatur Superior Court; May term Ul03; murder; lif~. Paroled on December 22, l 9~1 ; had served 18 years .
TOHX CA~THELL: Cherokee Superior Court; )fay Term 191~; hnrglary; 12 years. Paroled Decemher 21, Hl2l ; recommended lJ~- prosecutor and ofticials; had wife and :1 ehildren m very destitute cinumstances.
L. :\I. L~\.MAR: Richmond Superior Court; :\Ia.~ Term 1914; sodomy; life. Paroled on February 7, 1922; recommended by Judge and Solicitor; has served 8 years.
CAPE SAPPINGTON: Fulton Superior Court;

Jo"LRXAL oF THE SE:~\'ATE,
~farch Term 1907; murder; life. Parolea January 30, 1922; had served 15 years and protested his innocence.
J. H. MULLIXG: washing-ton Superior Court; September Term 1916; manslaughter; 10 years. Paroled January 26, 1922; recommended by presecutor, and all county officials.
A. J. BUNDRICK: Dooly Superior Court; March Term 1903; murder; life. Paroled February 10, 1922, had served 20 years, his brother having already been hung for same crime; recommended by trial Judge, Solicitor, Jury and other officials.
ELLIE MATTHKWS: Clarke Superior Court; April Term 1917; assault to rape. Paroled February 21, 1922; had serYed 5 ~'ears; recommended by prosecutor, Judge, J ur~,, and other officials.
S. C. BRADLEY: Fulton Superior Court; Jan, nary Term 1917: robbery; 10 years. Paroled Februan, 21, 1922; in Yiew of extreme youth of prisoner at time of crime, nnd that he had sen'ed more than 4 ~'ears with good record; also in Yiew of recommendation of Judge, Jury.
CHARLEY CHAXCE: Colquitt Superior Court; October Term 1917; assault to rape; 16 years. Paroled Februanr 27, 1922 account of prosecutor who says she was forced to swccn against him.
F. A. HULSEY: Fulton Superior Court; January Term 1921; burglary; 2 to 10 years. Paroled .:\larch 3, 1922 because of deplorable physical coli-

::.\{oNDAY, JuLY 24:, H)22.

367

clition and applicant and his entire disability to perform any sort of manual labor.
M. J. GREENE: Fulton Superior Court; Spring term 1920; larceny of auto; 5 years. Paroled March 3, 1922; recommended by prosecutor, Solicitor, and Judge.
DAVE BATTLE: DeKalb Superior Court; June term 1916; burglary; 15 ye~;us. Paroled March 4, 192:2; case was technical and money was recovered. Recommended by Ju<lge Solicitor, \Varden, Sheriff, and many citizens.
F~\XNIE HART: Clinch Superior Court; March Term 1914; murder; life. Paroled :March 7, 1922; strongly recommended.
\VILL UPSHA\V: Troup Superior Court; February Term 1910; murder; life. Paroled March 8, 1922; had served 12 years with good record; recommended by prosecutor and others.
nL-\ OK LEE : Terrell Superior Court; January Term 1911; murder; life. Paroled April 1, 1922; had served 11 years; large petition from Terrell County rccommeBding clemency.
RO LT. 0\VEXS: Houston Superior Court; October Term 1914; murder; life; recommended by trial Judge, and Jurors.
AXDRE"W BRUCE: Stewart Superior Court; October Term 1910; murder; life. Paroled December 20, 1921. Served more than 10 years; strongly recommended.

368

JocR~AL oF THE SEXATE,

JERRY HURST: Laurens Superior Court; Jannary Term 1916; murder; life; previous good character, strongl) recommended. Paroled December 20, 1921.

CLARENCE GILBERT: Fulton Superior Court; .January Term 1919; burglary; 10 years. Paroled December 20, 19:21, account recommendation of misdemeanor punishment by jury, also recommended by Judge and Solicitor.

CHARLEY FAYSON: Johnson Superior Court; September Term 1913; manslaughter; 20 ~ears. Paroled December 20, 1921 ; aocount of preyious good character and time he has already served.
TO~I TAYLOR: Crawford Superior Court; October Term 1910; murder; life. Paroled December 20, 1921. Had se1Ted more than 11 years; recommended by trial .Jndge.
wiLL ELLIS: Bibb Superior Court; Fall Term 1907; burglary; 20 years; paroled December 20, 1921; had served more than 1:3 years on this sentence with good record.
CARL SHELTOX: Floyd 8uperior Court; January Term 1916; robbery; 12 years. Paroled December 20, 1921; recommended by large number of officers and citizens.
DAN CRA\VFORD: \Yare Superior Court; Kovember Term 1897; murder; life. Paroled December 20, 1921; had served more than 1o years with good record.

MoNDAY, JuLY 24, 1922.
JOHN ZACHARY: Heard Superior Court; September Term 1910; murder; life. Paroled December 20, 1921; recommended by Judge, Jury, all officials and many citizens.
\VILL ZELLARS: Glynn Superior Court; May Term 1915; murder; life. Paroled on December 20, 1921; recommended by Solicitor and Jury.
JOE SCRUTCHENS: Bartow Superior Court; January Term 1917; murder; life. Paroled December 20, 1921; Solicitor recoll1ll1ends Scrutchens guilty only of involuntary man-slaughter.
C. \V. COWART: Clinch Superior Court; March Term 1919; incest; 20 years. Recommended by large number of citizens and officials. Paroled December 20, 1921.
DAISY SLAUGHTER: Putnam Superior Court; September Term 1920; manslaughter; 5 to 6 ~-ears. Paroled December 20, 1921; prior record and prison record both good.
JOE \YAKEFIELD: Early Superior Court; October Term 1908; murder; 1\fe. Paroled December 20, 1921 ; serYed more than 13 years with good record.
CHARLEY LASEDR: Pike Superior Court; ~-ipril Term 1917; burglary; 10 years. Paroled December 20, 1921; had made excellent record; strongly recommended by prosecutor and others.
~IONROE SLAUGHTER: Bibb Superior Court; January Term 1914; murder; life. Paroled DecemApril term 1907; murder-life; paroled June 5, 1922; strongly recommended.

3/0

.JocRXAL OF THE SENATE,

her 20, 1921; Recommended by Judge and other officials.
JIM \YILLL-\.~IS: Dougherty Superior Court; l\Iarch Term 1907; murder; life. Paroled December 20, 1921 ; had served more than 14 years ; physical condition poor.
BAR~EY Sll\DIONS: Colquitt Superior Court; June Term 1916; burglary; 8 years. Paroled December 22, 1921; recommended by Jury and prosecutor.

:JIRS. STELLA ~-\.B BOTT: Fulton Superior Court. June term 1920; manslaughter; to 8 years: paroled Decem:ber 20, 1921; recommended by official~ and l'arge number of citizens of all classes; prison record excellent.

LIGE HARRIS: Crisp Superior Court.; Term 1909; murder; life. Paroled December 20, 19:21; served more than 11 years; recommended by Judge. and Officials.

D.\LLAS . BARBER: Butts Superior Court; )larch Term 1911; murdex; life. Paroled December 20, 1921 ; recommended by Judge, Solicitor and many officials.

JACK DRISCOLL: Putnam Superior Court; ?\ovember Term 1916; manslaughter; 10 years. Paroled December 20, 1921; recommended by Judge, Jury, and Solicitor.

GEORGE MARCHMAN: Colquitt Superior

~fmmAY, .JULY 24, 1022.

3171

Court; April Term 1912; murder; life. Paroled December 20, 1921.

.JOHNSON HARRIS: Crisp Superior Court; May Term 1911; murder; life. Paroled December 20, 1921.
LESTER MASSEY: Fulton Superior Court; Sept. Term 1919; burglary 3 years, paroled May 29, 1922.
DAN DIXON: Mcintosh Superior Court; Dec. Term 1915; manslaughter; 19 years; paroled May 29, 1922; recommended by many officials and citizens.
TI~"Y HILL: Carroll Superior Court; Spring term 1918; manslaughter-/ years; had served more than 4 years; claimed sel'f-defense; paroled :\fay 21, 19:22.
PERRY LUNDY: Meriwether Superior Court; Aug. Term 1915; murder-life; paroled .June 1, 1922; recommended by ,Judge and Solicitor.

.JOHN LE\VIS: Hancock Superior Court; :\Iarch term 1919; manslaughter-5 years; paroled June 1, 1922 ; had served more than 3 years and paroled, recommended by Judge, .Jury and many relatives of deceased.

BESSIE GALE: Glynn Superior Court; Jan. term 1903; murder-life; paroled June 1, 1922; had served over 19 years with good record.

GENE WEST: Randolph Superior Court; Nov. term 1920; burglary-2 to 3 years; paroled June 2,

3'!2

,) orRXAL OF THE SEXATE,

1922; applicant having served more than 1 year and trial Jury having recommended misdemeanor punishment.

LICK DAVE~PORT: Harris Superior Court; April term 1918; manslaughter-10 years; paroled June 8, 1922; account of new evidence.

JOHK ROBJKSON: Douglas Superior Court; ~'[arch term 1913; murder-life; paroled June 7, 1922; had served \Vith good record, paroled, recommended account of new evidence.
.JOE SJ\IITH: ~Iuscogee Superior Court; l\Iarch term 1921 ; lmrglary-2 years; paroled .June 5, 1H22; aecount of showing made that applicant took crime on himself to shield his brother.
~.\XDRE\V SCOTT: Spal'ding Superior ( 'ourt; .Tan. term ] 9e; murder-life; paroled June 3, 1922; reeonnuended by trial Jury, Solicitor and many citizens.

\Y. C. VA UGHX: Elbert Superior Court; Dec. term 1919; larceny of auto, 4 to 5 ~'ears, paroled .Tnne 5, 192:2; recommended by prosecutor and officials.

F. D. 0 'ROl~RKE: Fulton Superior Court; ~larch term 19:20; larcen~-- to 10 ~ears; paroled .Tnne 5, 1922; recommended by prosecutor and officials.
}!ARION PARKER: Burke Superior Court: April term 1907; murder-life; paroled June 5, 1922; strongl~- recommended.

}JOXDAY, .JULY 24, 1922.

B73

EVERETT :MOXTGOl\IF.RY: Emanuel Superior Court; April' term 1909; murder-life; paroled June 5, 1922 ; strongly recommended.
MOSE JOH~SON: Baker Superior Court; }farch term 1910; murder-life; paroled June 5, 1922; had served 11 years; recommended by large number of citizens.

LINDSEY JENKINS: Appling Superior Court; Sept. term 1910; murder-life; paroled .June 5, 1922; had served more than 11 years with good record.
RA~CE :B,E"-\HH: .Jasper Superior Court; Feb. term 1916; murder-life; paroled on June 5, 1922; strongly recommended by all officials.
CELIA THOl\IAS: Cobb Superior Court; March term 1912; murder-life; paroled June 5, 1922; had serTed more than 10 years; recommended by Judge, Jury and other officials.
RUD EYAXS: Butts Superior Court; Fair term 1912; murder; life; paroled .June 21, 1922 account of new eYidence.
"\Y. L. COX: Fulton Superior Court; Jan. term 19':20: larcPn~ of au to; 5 ~e>ars; pn roled .Jnne 2:2, 1922 .
J. W. "\YH ITE: Richmond Superior Court; April term Hl21; manslaughter; 3 ~rears; paroled .June :28, 1922; recommended by trial judge and solicitor.
LOK DEAN: Elbert Superior Court; Sept. term 1916; manslaughter; 15 years; paroled .Tune 27, 1922.

374

J"OURN AL OF THE SENATE,

COMMUTATION ORDERS
Every application for commutation except the followin~ three were recommended by the Prison Commission: Reed Butler, Sam Rhodes and Chas. B. Swords.

OBIE HART: Bibb Superior Court; July term 1920; violating prohibition law; 4 months and $250. Commuted to fine of $125 after four months service.

JOE JAMES: Twiggs Superior Court; August term 1919; murder; hang; commuted to life imprisonment. In addition, trial .Judge and Solicitor state that man was of lowest mental character and they doubted tl1e wisdo~n of banging him. Trial .Judge stated if it had been in his power he would have sentenced him to life imprisonment.

JUDSON BLANCHARD & MARSHALL BLANCHARD: Early Superior Court; Oct. term 1919; larceny; 2 to 3 years and 12 months, and 12 and 12 months. Commuted Jul~ 16, 1921 account of recommendation of trial jury, character of applicants, and circumstances of the crime and trial.
HANSELL EVlANS: Thomas Superior Court; Dec. Term 1920; larceny ; 12 mouths ; commuted July 16, 1921 account of length of. time served and doubt of defendant's guilt.
C. L. :MA"CLDI~: Fulton Superior Court; August term 1918; robbery; 5 ~Tears; commuted July 20, 1921 account of mental condition of .applicant who had been confined in the State Sanitarium on

:JloxtM.Y, .JuLY 2+, Hl22.

375

two occasions, and recommendation of trial Jury of misdemeanor punishment.
~WILL ST. CLAIR: Bibb Superior Court; Dec. term 1920; driving auto while intoxicated; 12 months or $750; 8 months or $200 and 5 months of $150. Commuted to fine of $500 .on August 2, 1921; on account of injury of applicant who was shot through the head by the arresting officer and dangerously wounded, and length of time already served.
.JOH~ SA~DERS: Baldwin Superior Court; J ul\ term 19'20; larcen~; J2 months on gang, 6 months in jail; or $250 fine. Had se1Ted 12 months on gang and some time on jail sentence.
.TOHX HALL: Putnam Superior Court; J au. term 1921; possessing liquor; 12 months or fine of $25 ; commuted Aug. 5, 1921; already served 6 months.
MRS. J. w... alias JU~-\NITA \VEA\TER: Eald-
win Superior Court; Jan. term 1921; escaping; ~om muted to fine of $40.75 and $16.67 Aug. 5, 1921.
LE\VIS MILLlHOXS: Clay Su1)erior Court; F'all term 1908; rape; l~fe; commuted Aug. 11, 1921 account of character of girl assaulted and applicant's good prison record.
D. L. LAXG-Ll,~Y: Colquitt Superior Court; June term 1920; manufacturing liquor; 2 to 3 years; commuted Aug. 13, 1921 account of physical condition of wife of applicant and the time he has already served on sentence.

376

JoeRXAL OF THE SENATE,

GEORGE BRO\V~: City Court of Valdosta; ,July term 1921 ; gaming; 12 months; commuted to fine of $50 Sept. 9, 1921.

SAM OLIVER: Campbell Superior Court; Feb. term 1921; burglary; 10 months; commuted Sept. 2, 1921 account of time already served and inability of applicant to work account of mercurial poisoning.

JIM CAMPBELL: City Court of Cairo; June term 1921 ; misdemeanor; 6 months; commuted Sept. 20, 1921 account of physical condition occasioned by service in chaingang and recommendation of officials.

FAY HAMILTON: Fulton Superior Court; l\larcb term 1920; larceny; 2 to 5 years; commuted
Sept. 24, 1921 ; bad served one and V2 years ; recom-
mended by all officials and prosecutor.

HO:MER C. HARRISON": City Court of DubYin; Dec. term 1920; resisting an officer; 7 months or $125 Commuted Sept. :28, 1921 upon payment of fine.

R. C. SMITH: Clayton Superior Court; Feb. term 1916; voluntary manslaughter; 15 years ; trial .Judge sentence applicant t? a term of 7 years upon his conviction of manslaughter, hut by mistake sentence was entered 15 years. In order to correct this, sentence was commuted Sept. 30, 1921.

J~jL\VOOD ROBINSON: Dodge Superior Court; :\lay term 1910; murder; life; commuted Sept 30, HJ21 account of extraordinary heroism and fidelity of this applicant.

JfOXDAY, .J CLY 2-t-, 192:2.

377

E. R. \YELLS : Dade Superior Court; Sept. term 1921; violating prohibition law; 3 months; commuted Oct. 17, 1921 upon payment of fine of $50 and $150.
\Y. C. PHILLIPS: ~ewton Superior Court; Nov. term 1920; violating prohibition law; 12 months and 6 months or $250 in each case. Had served 12 months commuted to fine of $50 in each case, Oct, 22, 1921.

JOHN" N. BIRCHJ\IORE: Meriwether Superior Court; Sept. term 1916; embezzlement and forgery; 5 and 4 years ; had served 6 years, commuted Oct. 24, 1921 account of prior good character and good prison record.

FRANK SMITH: Chatham Superior Court; March tenn 191(); murder; life; commuted to present service Kov. 15, 1921 because of grave doubt of guilt of applicant.

REED B"CTLEH: Laurens Superior Court; July term 1912; assault to murder; 10 years; account of doubt of guilt of applicant as expressed by trial judge.
ROBT. ~ORRIS Alias TRACY FUTOHER: City Court of Greensboro; .Jnne term 1921; stealing ride on train; 12 months; commuted Xov. 18, 1921.
D~-\.XIEL DAVIS: Fulton Superior Court; June term 1920; shooting at another; 2 to 4 years; commuted Oct. 12, 1921 ; had served 12 months and jury recommended misdemeanor punishment.
TO~BIIE HART: Lowndes Superior Court;

378

J OURXAL OF THE SEXATE,

July term 1921; violating prohibition law; 12 months; commuted Dec. 10, 1921.
ED HARRISON: Randolph Superior Court; :Jfay term 1920; shooting at another; 1 to 12 years; commuted Dec. 10, 1921; applicant was a constable and was convicted of shooting a' negro. He served more than. 8 months and his family is in a pitiable condition.

JOE SPURLIN: Polk Superior Court; August tenn 1920; larceny and carrying pistor; 12 and 12 months; commuted Dec. 10, 1921 after completion of service of first sentence.

RICHARD STUBBS: :Jiitchell Superior Court; Sept. term 1921; having liquor; 8 months or $75 fine; commuted to $50 pro rata of the original fine after serving 2 months.
J. B. MOSELY: Columbia Superior Court; :March term 1921; burglar~~; 12 months; commuted Dec. 10, 19:21 account of recommendation of county officials.
JAMES RUSSELL: City Court of Savannah; June term H)20; receiving stolen goods; 3 to 5 years; rommuted after serving more than 1 year. Stolen goods were all recovered, applicant was in poor health.
H. ISDALE : City Court of Dublin; June term 1921; violating prohibition l'aw; 9 mo_nths .or $300 and 3 months in jail. Paid fine and served 2 months in jail; commuted Nov. 22, 1921.

1\IONDAY, JULY :24, 1922.

379

CHARLIE PHARR: Wilkes Superior Court; :Xov. term 1920; receiving stolen goods; commuted Nov. 29, 1921; evidence showed a very weak case and only a technical case of guilt.
CHARLIE BAILEY: Carrollton City Court; March term 1921; violating prohibition law; 12 months; had served about 8 months; commuted Dec. 8, 1921.
A. J. JOHNSON: Pike Superior Court; April term 1921; larceny of automobile; 12 months; commuted to payment of fine 0-1? $50.
H. M. DURRENCE: -_._attnall Superior Court; seduction; 8 years; app_1icant served in France during April 11, 1918 to Aug. 27, 1919. He was honorably discharged and cited for bravery for service in battle of the Marne. On account of various recommendations for clemency, commuted to fine of $200 Dec. 16, 1921.
CLINT THORPE: City Court of Dublin; March_ term 1921; violating prohibition law; 12 months; commuted Dec. 20, 1921 after serving over half of sentence .
JIM Al\fMONS: Clayton Superior Court; Feb. term 1921 ; manufacturing liquor; 1 year; commuted Dec. 22, 1921 after serYing 9 months.
SA~I RHODES: Richmond Superior Court; N"ov. term 1914; murder; life; commuted Dec. 21, 1921 account of statement filed by trial jury that account of new evidence the~- believed defendant not guilty.

380

.}01:-RXAL OF THE SEXATE,

"\V. H. MANIS: Floyd Superior Court; .Tuly term 1921; burglary; 6, 6, and 2 months commuted Dec. 20, 1921 to present service, to be discharged Jan. 3, 1922.
ANNIE KEATON: Baker Superior Court; Xov. term 1920; cattle stealing; 1~ months; commuted to fine of $200 including costs, Jan. 3, 1922.

LEVI WIDNER: :Miller Superior Court; April term 1920; rape; 3% to 5 years. T.his being a technical case, recommendation of jury and large number of officials and citizens is carried out and sentence is commuted to 1:2 months, whic-h is the misdemeanor sentence for this crime.

CLYDE STRIBLINS: "\Vilkes Superior Court; ~~eb. term 1921; manufacturing liquor; 1 to 2 years; account of applicant having served 12 months for similar offense and 5 months of this sentence, his sentence is commuted to present service, Jan. 19, 1922.

J. H. CURL, JR.: City Court of Dublin; Dec. term 1921; misdemeanor; 6 months; commuted to fine of $75 Jan. 18, 1922.
PAUL CHILD8 & F~RAXK HICKS: Hart Superior Caurt; Dec. term 1921; violating prohibition law; 6 months and $300; conmmted Jan. 6, 1922 upon payment of fine of $300 in each case.
CHARLIE BARKER: Pike . Superior Court; Dec. term 1920; manufacturing liquor; 3 years; commuted Jan. 5, 1922.

MoNDAY, JvLY :24, 19:22.

381

JOE .JACKSO.K: worth Superior Court; Jan. term 19:21; murder; hang; commuted to life imprisonment account of high state of public feeling in vVorth County at the time of trial, character of the witnesses testif~ing against defendant, and petition of Yarious officials and citizens of \Yorth County, both white and colo:t:ed.
wiLL LU:MPKIN: Berrien Superior Court; Sept. term 1920; murder; bang; commuted to life imprismm1ent 11-,eb. 9, 1922; account of newly discovered evidence concerning bad character of deceased, the recommendation of all officials and trial Jmors .
.J. S. JACKSON: C<Ybb Superior Court; .June term 1919; misdemeanor (2 cases) 12 months and $100 in each case. Under circumstances of this case, the fact that it grew out of one transaction, the fine of $100 in each case having been paid and more than 2 years having elapsed since the imposition of said sentence, the Prison Commission recommended tha.t sentence he commuted to present service, and same was conuuuted Feb. 2, 1922.
\VALTER "WOOTEN: Jeff Davis Superior
Court; Feb. term 1918; seduction; :2 and % years;
commuted Feb. 21, 1922; since conviction applicant paid two fines of $750 and $250 cash to support child. Prosecutor made affidavit that \Yooten should not hme been punished.
JACK CRAFT: Hart Superior Court; ~-\ugust term 1921; violating prohibition law; 6 months; commuted to fine of $300 after serving 4 months.

382

JouRNAL OF THE SENATE,

C. M. ADCOCK: Bartow Superior Court; Jan. term 1922; selling liquor; 6 months and $100 or 12 months; commuted to 6 months and fine of $100.

RAYMOND GLASS: Fulton Superior Court; l\Iay term 1919; larceny of auto; 5 years commuted to fine of $500 March 13, 1922.
W. F. SURRETT: Polk Superior Court; Fall term 1921; violating prohiJbition law; 12 months; commuted to fine of $25 March 29, 1922.
CHAD wRIGHT: Lee Superior Court; ~Iay term 1920; manslauglJter; 8 to 10 years ; commuted March 29, 1922; variously recommended.

:JL-\.:JIIE CASON, MATTIE DAVIS AND ARET'A FLUKER: City Court of Wrightsville; Xov. term 1921 ; having whiskey; 12 months each ; commuted to fine of $25 each March 29, 1922 on recommendation of trial Judge and Solicitor.

FARRELL TO"WERS: 'Whitfield Superior Court; October term 1921; selling l'iquor; 6 months or $50 and 6 months or $100; commuted to 6 months and fine of $150 on recommendation of Judge and Solicitor.

JOE ROSS: Taylor . Superior Court; March term 1921 ; burglary; 3 to 5 years; commuted to present service (12 months) April 12, 1922.
C. E. FIELDS: DeKalh Superior Court; Sept. term 1921; having liquor; 9 months; commuted April 12, 1922.

MoNDAY, JULY 24, 1922.

383

H. LEE STRICKLAND: Early Superior Court; April term 1919; assault to murder; 3 years and 12 months; account of various recommendations and the punishment recommended by the trial Jury, misdemeanor sentence commuted to present service, April 11, 1922.
ISADORE ROSEKBERG: Fulton Superior Court; Oct. term 1921; possessing liquor; 12 months or 6 months and $250; commuted April 10, 1921 account of recommendation of Judge and Sol'icitor.
J. w. POPE: DeKa~b Superior Court; Oct. term
1921; violating prohibition law; 12 months; commuted ~-\.pril 11, 1922 account of recommendation of trial Judge and Solicitor.

wiLL SMITH: Stephens Superior Court; Nov. term 1919; assault to murder; 3 to 5 ~rears; applicant had served more than misdemeanor punishment which was recommended by trial Jury. Commuted April 18, 1922.

HITHER ffiVENS: wheeler Superior Court;
August term 1921; manufacturing liquor; 1 to 11/2
years; served about 6 months, strongly recommended by trial Judge; commuted April17, 1922.
GUS DRAK~J: Warren Superior Court; Apri_l term 1921; attempt to murder; 2 to 5 years; injury received by applicant during his confinement in peni .. tentiary amounts to more than original sentence. Recommended by officials and prosecutor; commuted AprillO, 1922.

384

JouRXAL OF THE SENATE,

J. S. FARMER: DeKalb Superior Court; Oct. term 1921; manufacturing liquor; 12 months; commuted to 8 months as recommended by trial Judge on April 18, 1922.

J. L. HAMLIN: Broob Superior Court; May term 1912; assault to rape; 1 year; recommended by all county officials, and account of dependant wife and two children of applicant commuted April 18, 1922.

C. E. HENDERSON: Dade Superior Court: March term 1922; violating prohi'bition law; 12 months or 6 months and $100. He paid fine of $100 and served six months; commuted May 6, 1922.

HAROLD HOLTZENDORF: Fulton Superior Court; Ma~r term 1921; larceny of auto; 12 months and $1,000 fine; commuted to $1,000 fine May 9, 1922.

BOB MITCHELL: DeKalb Superior Court; Sept. term 1921; attempt to manufacture liquor; 12 months; commuted after service of 7 months, May 8, 1922.

ROBERT CRAvVLEY: Clayton Superior Court;
Feb. term 1922: assault to murder; 2 to 4 years;
commuted ~fa~- 9, on account of various recommendations of county officials and citizens.
CLAIRE .TONES: Hancock Superior Court; :\farch term 1921; distilling; commuted to fine of $500 and costs of court April 4, 1922.
LB\YIS CLOTFELTER : Oconee Superior Court;

MoNDAY, JuLY 24, 1922.

385

Jan. term 1922; violating prohibition law; 6 months; commuted to fine of $50 April 15, 1922.
JOHN vV. S\VANN: l\:Ieriwether Superior Court; Feb. term 1918; manslaughter; 10 years; Jury made separate verdict asking Judge to be as lenierrt as possible; all officials join in asking for clemency. Applicant has a wife and several children in destitute circumstances. He had served more than 3 years, commuted April 21, 1922.
RICHARD DARDEN: Jasper Superior Court; August term 1921; larceny and carrying pistol; 6 months or $250 and 9 months; commuted to fine of $50 May 22, 1922.
CHAS B. SWOHDS: DeKalb Superior Court; March term 1921; seduction; 4 to 10 years; commuted June 1, 1922 account of new evidence which makes a strong doubt as to guilt of applicant.
ALFORD DIXON: Hancock Superior Court; Sept. term 1921; violating prohibition law; 9 months or 4 months and $40; commuted to fine of $40 .June 1, 1922.
MARY MOORE: Co:bb Superior Court; March term 1921; forgery; 2 to 4 years; commuted June 5, 1922 account of recommendation of trial Judge.
ROBERT TATE: \;yalton Superior Court; Nov. term 1921; violating prohibition law; 12 months; commuted to 6 months service June 5, 1922.
A. H. McCOY: Sumter Superior Court; .Tune term 1920; bigamy; to 3 years; commuted J uue 5,
Sig. 13-Senate

386

JOURNAL OF THE SENATE,

1922 account of serYicc or 1'1~ year and large i1etition.
JIM wALKER: Tift Superior Court; July term 1919; larceny; 3 years; commuted to present service, June 5, 1922; bad served more than 1 year; variously recommended.

ESSIE DAvVSOK: Upson Superior Court; Xov. term 19] 9; manufacturing liquor; 2 to 4 years; had served one sentence and 9 months on the other. Recommended by all county officials; commuted June 7, 1922.

W. D. LEVAR: Coffee Superior Court; Oct. term 1921; larceny of auto; 2 years commuted June 21, 1922 account of injury received and recommendation of trial Judge.

R. LANIER & J. M. HARLEY: Chatham Superior Court; March term 1921; shooting at another; 1 ~-ear each; commuted to fine of $150 in each case, June 22, 192~.
PAUL UPCHURCH: Rockdale Superior Court; Jan. term 1922; having liquor; 9 months; commuted June 27, 1922 account of recommendation of Judge and Solicitor.

PARDONS Every application for pardon was recommended by the Prison Commission.
WILBUR ARRANT: Muscogee Superior Court;

MoNDAY, JuLY 24, 1922.

387

Dec. term 1919. Larceny; 1J;2 years. Pardoned July 21, 1921 because of new evidence presented.
CHARLES N. HUDSON: Jones Superiol Court; Oct. term 1920; manslaughter; 1 year. Pardoned July 21, 1921 because of Supreme Court decision in similar cases since his trial. Recommended by Judge, Sol'icitor, Jurors, Prosecutor and many citizens.
:MARGARET HARRIS: City Court of Savannah; July term 1921; larceny; 9 months. Pardoned Aug. 2, 1921 because of recommendation of trial Judge and forty State Senators.
vVILL V. 'NARD: Houston Superior Court; August term 1919; manslaughter; 2 to 5 years; pardoned Aug. 6, 1921. Recommended by number of county officials.
GWIN COLLINS: Grady Superior Court; March term 1920; larceny; 2 to 4 years ; pardoned after costs of court were paid. Recommended b~r trial Judge.
l\HSS 'AUGUSTA HO\VARD: Muscogee Superior Court; Nov. term 1920; shooting at another; 1 to 2 years; pardoned Dec. 12, 1921 on account of showing_ made as to mental conditions. of applicant, and numerous petitions in her favor.
LEONARD \VEAVER: Clarke Superior Court; April term 1921; forgery; 2 to - and 2 to 4 years. Pardoned Dec. 15, 1921 because of his very bad physical condition and recommendation of trial Judge.

388

JocRKAL OF THE SEKATE,

lVI. T. SUMMERLIN: Clarke Superior Court; April term 1919; manslaughter; 3 years; pardoned Dec. 2.0, 1921 because of some doubt of the guilt of applicant and recommendation of many citizens.
DR. A. G. GRENOBLE: Fulton Superior Court; July term 1921; practicing medicine without license. Pardoned Dec. 20, 1921 on account of applicant's age and physical condition.
EVERETT )V. COTTON": ::Vluscogee Superior Court; Fe:b. term 1922; larceny of auto; 12 months; pardoned June 1, 1922 on account of proof as to the real thief and recommendation of .Judge and Solicitor.
GEORGE D. SEMKEN: Chatham Superior Court; July term 1919; embezzlement; 5 years; pardoned Jan. 18, 1922.
CARENCE TINSLEY: Mitchell Superior Court; Dec. term 1919; larceny; 4 years; pardoned Jan. 16, 1922 ; account of recommendation of Judge and Solicitor and his poor physical condition.

FRANK DZIEZULSKI: Fulton Superior Court; Jan. term 1920; robbery; 4 to 6 years; pardoned Jan. 17, 1922 account of youth of applicant and recommendation of Judge and Solicitor.

J. E. SMITH: Franklin Superior Court; Sept. term 1921; abandonment; 12 months; pardoned Jan. 2, 1922. Recommended by Judge and others.
J. H. LEWIS: Gordon Superior Court; Feb. term 1918; burglary; 1 and 1 year. Pardoned April

MoNDAY, JuLY 24, 1922.

389

5, 1922 on account of being urged by the two prosecutors. Also large number of citizens.
JOHN FOSTER, CHARLIE HUNT & JOHN JACKSON: :P,ulton Superior Court; March term 1921. Robbery; 4 to 6 years; pardoned April 17, 1922 on account of recommendation of Judge and Solicitor.

LLOYD SKIN~ER : Carroll Superior Court; Oct. term 1921 ; assault to murder; 1 to 2 years ; pardoned .June 20, 1922 account of new evidence and fine paid by applicant.

JULIUS MciNTYRE: Fulton Superior Court; Jul~T term 1921; :ni.anslaughter; 1 year; pardoned June 23, 1922 upon recommendation of widow of deceased and presiding judge.

Mr. Bond, Chairman of the Committee on Enrollment, 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 the Speaker of the House of Representatives the following resolution, to-wit:
Senate Resolution No. 83. A resolution to empower the Georgia Secretary of State to sign the marketing agreement of the Georgia Cotton Growers' Co-operative Association.
l\Ir. Palmour, Chairman of the Committee on

390

Jo1JRNAL oF THE SENATE,

Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges 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 recommendation that the same do pass, to-wit:

By Mr. Bellah and Mr. Pope-
A resolution extending the privileges of the floor to Professor J. C. Harris, Superintendent of the School for Deaf at Cave Springs, during his stay in the city.
J. E. P ALMOUR, Chairman. The report of the committee was adopted. 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, towit:
Senate Bill No. 148. A bill to amend the charter of the City of Calhoun.
Senate Bill No. 213: A bill to- amend the charter of the Town of Statham, Barrow County, Georgia.

MoNDAY, JULY 24, 1922.

391

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

Mr. President :
The House has read and adopted the following Resolution of the Senate, to-wit:
Senate Resolution No. 83. A resolution to empower Secretary of the State to sign marketing agreement of Georgia Cotton Growers' Co-operative Association.
The following message was received from the House through Mr. Moore, the Clerk thereof:
1Wr. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 747. A bill to repeal an Act to incorporate the City of Rex in the County of Clayton.
House Bill No. 77.2. A bill to repeal an Act establishing a system of public schools in the Town of Abbeville, Wilcox County.
House Bill No. 773. A bill to amend the charter of the City of Americus.
House Bill Ko. 774. A bill to repeal an Act establishing public school system for the town of Richland.
House Bill No. 778. A bill to amend an Act estab-

392

.T OURNAL OF THE SEN ATE,

lishing the City Court of Oglethorpe m Nlacon County.
House Bill No. '790. A bill to repeal an Act establishing a system of public schools in the Town of Alamo.
::\fr. Foy, Chairman of the Committee on Jourual, reported that the Journal of ~'riday's proceedings had hecll examined and found to be correct.
By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with.
l\ r. Manson asked unanimous consent that Senate Bill 259 be withdrawn from the Committee on Railroads, read the 2nd time and recommitted to the Committee on Railroads and the consent was granted.
Mr. Campbell asked unanimous consent that Senate Bill No. 242 be withdrawn from the Committee on Corporations, read the 2nd time and recommitted to the Committee on Corporations and the consent was granted.
lVIr. vVohlweuder asked unanimous consent that all Senators having bills and resolutions 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 committee:

By Mr. Peacock-
Senate Bill No. 263. A bill to amend Act esta11lishing City Court of Eastman.

MoNDAY, JULY 24, 1922.

393

Referred to the Committee on Special Judiciary.
The following House bills were read the first time and referred to committee:

By l\lr. DeFoor of Clayton-
House Bill .No. 747. A bill to repeal Act incorporating City of Rex.
Referred to the Committee on Corporations.

By 1Ir. King of wilcox-
. House Bill 772. A bill to repeal Act establishing a system of Public Schools in Wilcox Comity for rrown of Abbeville.
Referred to the Committee on Education.

By Sumter Delegation-
House BiH N"o. 773. A bill to amend charter of City of Americus.
Referred to the Committee on Corporations.

By Mr. Boyett of Stewart-

House Bill No. 774. A bill to repeal school system

for town of Richland.



Referred to the Committee on Education.

By Mr. Robinson of Macon-
House Bill No. 778. A bill to amend Act establishing City Court of Oglethorpe.
Referred to the Committee on Special Judiciary.

394

Jot:RKAL OF THE SENATE,

By Mr. Sumner of WheelerHouse Bill No. 790. A bill to repeal Act estab-
lishing a public School System in Town of Alamo.
Referred to the Committee on Education. .
The following bills were read the 3rd time and put upon their passage.

By Muscogee Delegation-
House Bill No. 586. A bill to amend Act abolishing certain offices and creating in lieu a municipal court for City of Columbus.
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, ~ays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Parks of Terrell-
House Bill No. 715. A bill to amend Act establishing City Court of Dawson.
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, ~ays 0.
'l'lH' hill haYing nceind tht nquisite eonstitutiollal majorit~ was J>nssed.

MoNDAY, JULY 24, 1922.

395

By ~'ulton Delegation-
House Bill No. 572. A bill to amend Act creating :Nluuicipal Court of Atlanta.
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 :Nlr. Moore of Fulton-
House Bill )Jo. 566. A bill to provide for the time of opening and closing polls in Certain Counties in School Bond Elections.
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, ~ays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the 3rd time and put upon its passage:

By Mr. Strickland of Brantley-
HousEl Bill Xo. -!-80. A bill to correct certain mistakE's for the creation of Brantley County.
The committee offered the following substitute:

396

JovRN"AL oF THE SExATE,

A BILL
To Be Entitled "An Act to correct certain mistakes and inaccuracies appearing in the Act of the General Assembly of Georgia, approved August 14th, 1920, proposing an amendment to Paragraph ~' Section 1, Article 11 of the Constitution of the State of Georgia, providing for the creation of the County of Brantley, with reference to the hound~tries of said new county as appearing in Section 1, Paragraph 1 of said Act, and for other purposes.''

WHI!JR.F.JAS, iu the Act of the General Assembly of Georgia, approved August 14th, 1920, proposing an amendment to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia, provi<.l.ing for the creation of the new county of Brantley, and which proposed. amendment to the Constitution was adopted by the people of Georgia, it is provided in Section 5 thereof that the General Assembly is authorized to correct any mistake or inaccuracies in reference to the boundaries of said new county as contained in Paragraph 1 of Section 1 of saitl Act, and,
"\VHER1;As, then are t"ertain inaccuracies appearing in said paragraph of said section of said Act.
XO"W THERF.:F'ORE, lX OHDER TH"\.T ~aid imHeuracie::; or mistakLs ma~ iw COlTPCtPd, lw it PllHl'tl<l l1y tht <iLnerai .\i5~t>mhly of tlw Sbt<> of (:(:org-in, and it i;;; ltcrL~~~ ei:adtd I y thl c:uthurity of

MoNDAY, JuLY 24, 1922.

397

the same, that said Aet proposing an Amendment to the Constitution for the creation of the said new count~' of Brantley, as the same appears in Georgia Laws 1920, pages B-1-, 38, be, and the same is, hereby amcnde<l b~ striking fron1 line 20 of Paragraph 1 of Section 1 of a said Act, on page 35 of said Laws, the words "Buffalo Creek" and inserting in lieu thereof the \\ords "Tlw Big Satilla RiYer," and by striking from said line 20 of said paragraph of said section of said Act the words "Eastwards along" and by striking fr0111 line 21 and 22 of said paragraph of said section of said Act, the words "the line between <onnties of Charlton aml \Yaync to the Big Satilla HiYer and the western line of Camden County,'' and h~ inserting in lieu thereof the following, '' N.orthwanl along the channel of saill Big Satilla River to the Camden line," so that said paragraph 1 of said Section 1 of said Ad, when so amended, shall read as follows:
SEcTwx l. ln addition to the counties now provided for by the Constitution of Georgia, as amended, there shall he organized, by this further amendment to Paragraph 2, Sedion 1, .Article II, another new count\ to lw know11 as Br:mth~. the same to be laid out from the counties of Pierce, Charlton and \Vayne, and shall include all of the territory embraced within boundaries as follows, to-wit: ''Beginning at the southeast corner of Pierce County, at the southeast <'Ol'11C'l' of lot of !and numhf'r thee lmndrerl (BOO) in tlH ~th Distriet of Piere( Count~, mu1 thcncl' northwards along- tht line lwtwPt'll Piene a11<l Char~ton ( '.nm~i(~ to the sontll\nst cornt2 of lmd lot lltnll:nr

398

JouRNAL OF THE SENATE,

thirteen (13), in the 2nd District of Charlton County; thence eastwards along the south line of land lots numbers thirteen (13}, fifty-two (52), seventy-seven (77), one hundred and sixteen (116), one hundred and forty-one (141}, one hundred and eighty (180), two hundred and :five (205), and fractional lot two hundred and forty-four (244), and thence continuing in a straight line to the Big Satilla River, and thence northward along the channel of said Big Satilla River to the Camden County line;'' thence northwards along the line between Wayne and Camden Counties to the Gl:ynn County line; thence further northwards along the line between the Counties of wayne and Glynn to a point on said county line one mile north of the main line of the Atlanta, Birmingham and Atlantic Railway; thence westwards along a line one mile north of and parallel with the aforesaid main line of the Atlanta, Birmingham and Atlantic Railway to the Little Satilla River, and the line between the Counties of vVayne and Pierce; thence southeast along the channel of the Little Satilla River to the southwest corner of land lot number one (1) in the 3rd District of \Vayne County; thence southwards along the west lines of land lots numbers thirty-two (32) and thirty-one (31), in the 2nd District of Pierce County, to the channel of the Big Satilla River; thence westwards up the channel of the Big Satilla River, through Pierce County, to the cOtmty line_ between Pierce and \Vare Counties; ancl thence south and south,Yest along the count~- line between Pierce and \Yare Counties to the Charlton Count~- line; and thence eastwanls along the county

MoNDAY, JuLY 24, 1922.

399

line between Pierce and Charlton to the southeast corner of Pierce County, the point of beginning aforesaid.''
SEcTION 2. 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.
'rhe substitute was. adopted.
The report of the committee, which \Yas favorable to the passage of the bill by substitute, was agTeed to.
On the passage of the bill the Ayes were 29, the N a~s were 0.
Th~ bill having received the requisite constitutionalmajority was passed.
'fhe following bill, favorably reported, was read the 3rd time and taken up for consideration:

B~ Mr. Snow-
Senate Bill No. 124. A bill to reqmre all motor driven vehicles to stop 50 feet from all rail road crossings .
.:\Ir. Bond called for the previous question and thE' call was sustained.
The Committee on Railroads offered the following amendment.
"ProYicled, That the fact that the failure to stop as herein proYiclt>cl is made a misdemeanor shall not

400

JouRXAL oF THE SE~ATE,

"have any effect on existing law as to the liability or no liability of the Railroad Company.''
Mr. Walker 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 affirmatiye were ~lessrs:

Akin, L. R. Bellah, .J. M. Bond, Chas. X. Boykin, James H. Ellis, R. C. F.lem.ing, Denis

Haralson, Pat
Jackson, J. B.
Jones, John H. Jones, 0. K. Man,;on, Frank C. Snow, Russell E.

Sto,all, E. B. Tarpley, R. 0. \Y,aJker, B. }'. Wle.a,er, J. D.

Those voting in the negative were Messrs :"

Brown, L. C. Colium, J. M. David, A. B. Dvidson, J. E. Fle-ming, W. 0. Hunt, T. M.

.Johns, G. A. Kimzey, Sam Mills. J. H. Xix, 0. A. Peacock, <.'. H. Pope, David F.

Hichanls, Will 8heffield, R. H. TayloJ, Geo. W. Wall, Dan Wohlwpnder, Ed. Womble, M. D.

Those not voting were ~Iessrs:

Campbell, R. W. Childs, E. W. Cone, Howell Colson, D. C. Foy, John E. Golucke, Alvin G.

Hoilingsworth, ltolmes, R. H. Hutchins, H. C. Lassiter, W. H. Palmour, J. E. Ridley, Dr. ('_ L.

Rountree, J. L. Thomas, James R. Thorpe, E. M. \\'illiams, Wiley Mr. President

Ayes 16, Nays 18.

<h1 l.he adoption of the amendment the A~p~ \nn 1G, :he ~ays were 1H, and thP amendment wa;,; lot,;t.

MoNDAY, JuLY 24, 1922.

401

The report of the committee which was favorable to the passage of bill was disagreed to and the bill was lost.
Mr. Wohlwe11der moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned until tomorrow morning at 10 o'clock.

402

JOURNAL OF THE SENATE,

SENATE CHA:t\-IBER, ATLANTA, GA.

Tuesday, July 25, 1922.

The Senate met pursuant to adjournme.nt at 10 o'clock today and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with .
.Mr. J:i,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 J oun1al of yesterday's proceedings was dispensed with.
l\Ir. J:i,lemiug of the 8th asked unanimous consent that 300 copies of Senate Bill No. 226 be made for the information of the Senate and House and the consent was granted.
By unanimous consent the following resolution was read and adopted.

By :\Ir. Thomas-
Senate Resolution No. 85. A resolution requesting the Governor to return House Bill No. 596 to the Senate for the purpose of further consideration.
:\f r. Pope asked unanimous consent that all Sl'llHtms haYing hills and resolutions to introduce he al-

TUESDAY, JULY 25, 1922.

403

lowed to do so at this time and the consent was granted.
The following bills were introduced, read the first time and referred to committee :

B~' Messrs. Brown and ThomasSenate Bill No. 269. A bill to protect game
animals and game fish, and for other purposes. Referred to the Committee on Game and Fish.
By Mr. Cr:tmpbell-
Senate Bill No. 268. A bill to provide for examination and licensing of operators of waterworks.
Refened to the Committee on Corporations.

By Mr. Snow-
Seuate Bill No. 267. A bill to amend the Ga. :\Iotor Vehicle Law.
Referred to the Committee on Public Roads.

By Messrs. Bellah, Mills, Pope and Davidson-
Senate Bill No. 266. A bill to amend an Act to establish a Board of Examiners in Optometry, and :for other purposes.
Referred to the Committee on Hygiene and Sanitation.

B~ :\I r. Lassiter-
Seuah' Bill :Xu. :16+. A bill to create the offict~ of au additionnl Assistant Attorney General.

04

J Ot'RXAL OF THE SEX ATE,

Referred to the Committee on General Judiciary No.1.

B~ .:\lr. Golucke and \VeaYerSenate Bill No. 265. A bill to prmide \\ho may
draw pensions as Confederate Soldiers.
Referred to the Committee 011 Pensions.

B~ ~lr. \Villiams-
Senate Bill ~ o. 270. A bill to amend Section 755 of Vol. 1 of Code of Georgia of 1910.
Referred to the Committee on Special .Judician.

By .:\lessrs. Boykiu and walkerSenatL' Bill ~o. 271. A bill to Repeal law provid-
ing for Special Attorney for Railroad Commission.
Referred to the Committee on Appropriations awl Finance.
The following resolutions were introduced, read the first time and referred to committees:

B~ .:\I L Pope of 44th-
SeJIHte Resolution Xo. 84. A resolution to author-
izP Secretary of State to accept surrender of Charter
of Chattanooga Rapid Transit Co.
Lay oYer one day.

ScIJatP Rt'solntio11 No. 86. A nsoht in' I to r;Ji;\c entain holl(lsmeu of one\\~. K. Brooks.

TuESDAY, JuLY 25, 1922.

405

Referred to the Committee> Oll Special JudiciatT

:\Ir. Thomas arose to a point of personal privilege and his remarks were reference to certain articles recently published in the :Macon Daily Telegraph.

Mr. Jones of 37th arose to a point of personal priYilege and his remarks were in defense of the Georgia Press Association.

'rhe following resolution was rc>ad and adopted:

B~ .:\lessrs. ,,,.,.ohlwende1:, Xix, ,Jackson and Johns-
Senate Resolution .No. 87. TVhereas, Hon Joseph Hill Hall of the County of Bibb departed this life on .July 22nd, 1922, and,
Whereas, said deceased during his life gave twenty years of his best service to the State of Georgia, and
H"lN~rea:;, as au authority on constitutional law he was without an equal and devoted a great deal of his time and labor to enlighten Legislators, lawyers and laymen to live and act with its bounds, and,
Whereas, said deceased will be missed by .legislative bodies as well as the citizenry of Georgia,
X on: therefore be it resolved, That upon the dissolution of the joint assembly today that tho Senate immediately reconvene and adjourn to 10 o'clock July ~Gth, w~~. out cf I"C'SjH'Ci of this gr0at GPorg-ian.

JouRNAL oF THE SENATE,
tary of the Senate mail a copy of same to the members of deceased family.
On the passage of the resolution the Ayes were 51, the nays 0.
The resolution was adopted. 1\ir. Golucke, Chainnan of the Committee on Special Judiciary, submitted the following report:
1J1r. President :
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and instructed me, as their Chairman, to report the sa.me back to the Senate, with the recommendation that the same do pass, to-wit:
Senate Bill 1\o. ~63. To amend an Act establishing City ('ourt.
GoLUCKE, Chairman.
Mr. Ellis of the 47th District, Chairman of the Committee on Public Roads, submitted the following report-:
lJ!lr. President :
Your Committee on Public Roads has had under consideration the follo\Ying hills of the Senate and instructed me, a::; thci r Chai nwm, to report the same hack to the Senate, with the recommcll(latiou that tht same de pass as amended, to-wit:

TuESDAY, JuLY 25, 1922.

407

Senate Bill No. 236. To amend the motor vehicle law.
This July 24, 1922. Respectf~lly submitted, ELLIS, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted. the following report:
M 1. Pfesident :
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. 714. As. amended.
House Bill K o. 681.
GoLUCKE, Chairman.
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 bills of the Senate and instructed me, as their Chairman, to report the same back to the Senate, \vith the recommeJHlatiou that the same do pass by substitute, towit:

408

JouRNAL oF THE SENATE,

Senate Bill No. 227.

LASSITER, Chairman.

Mr. Jones of 37th, Chairman of the Committee ou Corporations, submitted the .following report:

1l1.r. 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 do pass, to-wit:
Senate Bill No. 242. Senate Bill No. 218. House Bill No. 727. House Bill No. 137. House Bill No. 661. House Bill No. 638. House Bill No. 616. House Bill No. 733. House Bill No. 604. House Bill No. 584. House Bill No. 646. House Bill No. 697. House Bill No. 687. House Bill No. 702. Bous<' Bill ~ o. 755. House Bill No. 761. HOUR(' Bill ~ Q. 696.

TuEsDAY, JuLY 25, 1922.

409

House Bill N"o. 600. House Bill No. 703. House Bill No. 425.

J ONI<Js, 37th, Chairman.

The following hills fa,orabl~ reported were read second time.

By Messrs. Brannen and Parrish of Bulloch-
Honse Bill No. 681. A bill to amend an Act creating Cit~' Court of Statesboro.

By Messrs. Gresham and Hatcher of Burke.
House Bill Xo. 687. A bill to amend the charter of City of\\~ayne:,;boro.

By .Mr. William:,; of Miller-
House Bill Xo. 702. A bill to amend an Act creating City of Colquitt.

By Mr. Lewis of Colquitt-
House Bill Ko. 137. A bill to amend the charter of City of Moultrie.

By Mr. Swindle and DeLaPerriere of Jackson-
House Bill X o. 604. A bill to amend charter of Nicholson.

By Mr. SingletaryHonse Bill X o. 616. A bill to amend Act granting

410

.JouRNAL oF THE SENATE,

corporate authority to Town of Whigham, now m Grady County.

By Mr. Corbitt of Atkinson-
House Bill No. 638. A bill to amend charter of ('ity of Pearson.

By Mr. Brannen and Parrish of Bulloch-
Hause Bill No. 714. A bill to amend an Act creating City of Statesboro, in county of Bulloch.
By Mr. Riley and Hines of Sumter-
House Bill Ko. 696. A bill to revise and consolidate the several Acts giving corporate power to Americus, Georgia.
By Messrs. Xeill, Hatcher and Perkins of Muscogee-
House Bill No. 761. A bill to vest title of certain land in City of Columbus.

By 1-'Iessrs. Pilcher and McDonald-
House Bill No. 600. A bill to amend an Act to improve the fire department of City of Augusta.

By Messrs. Harris and King of ,Jefferson-
House Bill No. 646. A bill to abolish local school system in and for Town of Stapleton.

By Mr. Grant of HabershamHouse Bill No. 727. A bill to amend an Act creat-

TuESDAY, JuLY 25, 1922.

411

ing a new charter and municipal government for City of ClarksYillP.
By .Mr. Bozeman of WorthHouse Bill No. 661. A bill to amend an Act creat-
ing the Town of SylYester.
By Mr. West of E'anninHouse Bill X o. -!25. A bill to create a new charter
for Town of E,ry, ~'amtin County.
By Mr. Hodges of Ji}vansHouse Bill X o. 584. A bill to amend the charter
of Claxton.
By .Mr. Swift of .F~lhertHouse Bill .No. 733. A bill to amend an Act incor-
porating City of .Elberton, in County of Elbert.
By Mr. Luke of Ben HillHouse Bill No. 697. A bill to amend Sec. 33, 34
and 35 of charter of Fitzgerald.
By Messrs. Steele, Guess and . I\fcCleland of DeKalb-
House Bill No. 755. A bill to amend an Act incorporating Town of Chamblee:
By Mr. WallSenate Bill No. 236. A bill to amend Sec. 4 of
Georgia Motor Vehicle Law.

412

JorRXAL OF THE SExATE,

By Mr. Thorpe and Cone-
Senate Bill No. 227. A bill to amend Sec. 420:) of Code of Georgia of 1910.

By J\:Ir. Thomas-
Senate Bill No. 218. A bill to incorporate the Town of Jesup.

By Mr. Peacock-
Senate Bill No. 263. A bill to amend an Act estahlishing City Court of Eastman.
The following message was received from His Excellency the Governor through his Secretar~, ?I'I r. Blalock:

lYl r. 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.

STATE OF GEORGIA: EXECUTIVE DEPARMENT, ATLANTA.
To the General Assembly of Georgia: I beg to submit herewith for your consideration
and for such action as you may deem appropriate in the premises, twelve reports, prepared by my

TuESDAY, JuLY 25, 1922.

413

direction and submitted to me by the firm of Griffei1hagen aucl Associates, Governmental Engineers, upon the following subjects:

1. Auditing and Fiscal System of the State. 2. Department of Agriculture. ~~- Department of Printing. 4. Department of Public Health. 5. Department of Public Welfare. 6. Training School for Boys. 7. Confederate Soldiers Home. 8. Confederate Roster Commission. H. Department of Archives and History. 10. Academy for the Blind. J 1. State Library, 12. State Library Commission.
I commend each of these repor-ts to you for your careful consideration and, after appropriate committee reference, for such action as seems proper in the premises.
They suggest many economies, retrenchments and reforms in fhe public service that merit your careful and serious consideration, especially in times like these when economies and retrenchments in the public service are a vital necessity.

414

JouRNAL OF THE SENATE,

The suggestion made in some quarters that these reports are not worthy of consideration because the investigators were Chicago "Yankees" is both absurd and puerile: in the first place, the residence or personality of the investigators is not the important thing, the important thing is whether what they say is true or not, and whether the reforms they suggest are worth while and can be accomplished, or not. In the next place, since they do not live in Georgia, they cannot be accused of any local political prejudice.
.My attention was especially attracted to this firm of engineers by their work in South Carolina, and I am attaching to this communication a letter addressed to me, dated March 15, 1922, by Governor Robert A. Cooper of the State of South Carolina, attesting to their high character and efficier1t service in that state. I also attach copy of letter, dated March 27, 1922, addressed to the Governor of Michigan, and furnished me, signed by Senator Christiansen of Buford, S. C., Chairman of the Joint Committee on Economy and Consolidation of the General Assembly of South Carolina, under whose direction a large part of this work was done in South Carolina.

lt is quite likely true that certain departments of government in South Carolina were not pleased with the work of these business experts and it seems quite likely true that at least one of our departments in Georgia is similarly displeased; but that is not a question of any importance. The ques-

TuESDAY, JuLY 25, 1922.

415

tion is whether the reforms suggested are wise and feasible and in the interest of economy and retrene.hment, or not.

Respectfully submitted,

w. THOMAS

HARDWICK,

Governor.

Julr 5, 19'22.

STATE OF GEORGIA:

EXECUTIVE D}~PARTMENT,

ATLANTA.

To the General .Assembly of Georgia:

Secfl:ion 17 of the Code of 1911 (Vol. 1) prescribes the boundary lines between the States of Georgia and South Carolina.

I hand you herewith oortified copy of the decree of the Supreme Court of the United States in the oosc of Georgia vs. the State of South Carolina, No. 16 miginal october Term, 1921.

I recommend that Section 17 of the Act above referred to be so amended as to conform to the decision of the Supreme Court of the United States in this matter.

Respectfully submitted,

w. THOMAS

HARDWICK,

Governor.

July 5, 1gg2.

416

JOUHNAL OF THE SENATE,

Copy of Decree was referred to the Committee on General Judiciary No.1.
STATE OF GEORGIA:
EXECUTIVE DEPARTMENT,
ATLANTA. To the Genitual. Assembly of Georgia:
I herewith submit to you for your consideration iUld for such action as you deem appropriate in the premises, a report made to me under date of June 27, 1922, by a Commission of five Superior Court Judges of the State of Georgia, appointed by me, to examine into and investigate 'conditions at the Prison Farm of the State at Milledgeville, Georgia.
T~s report is accompanied by a stenographic copy of the evidence taken by the Commission in connection with this investigation, which is also submitted for your consideration.
Respectfully submitted, THOMAS W. HARDWicm::, .Governor.
July 5, 1922.

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

Mr. Presidelnt:
The House has passed by the requisite constitutional majority the following Bills of the Senate, towit:

TuESDAY, JuLY 25, 1922.

417

Senate Bill No. 189. A bill to be entitled an Act to create the City Court of Summerville for the County of Chattooga.
Senate Bill No. 191. A bill to be entitled an Act to repeal the Act creating the Couuty Court of Chattooga County.
The following message was received from the House through Mr. Moore, the Clerk thereof:

M-r. P1esident:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 751. A bill to be entitled an Act to amend Sec. 26 of an Act creating the City Court of Louisville, Jefferson County.
House Bill No. 763. A bill to be entitled au Act to provide a local Board of Trustees for Georgia Military College.
House Bill No. 779. A bill to be entitled an Act to change the time of holding the Superior Court of Stephens County.
House Bill No. 792. A bill to be entitled an Act to amend an Act establishing City ('ourt in and for Houston County.
House Bill No. 553. A bill to proYide for Temperance Day in the Public Schools.
Mr. Ridley asked unanimous consent that Senate
Sig. 14-Senate

418

J OlJRNAL OF THE SENATE,

Bill No. 159 be withdrawn from the Committee on

Hygiene and Sanitation, read the second time andre-

committed to the Committee on Hygiene and Sanita-

tion and the consent was granted.

The following communication was read for the information of the Senate:

By Mr. Fry of 1st District-

ExEcUTIVE OFFICE, SAVANNAH, GA.,
.July 24, 1922.
To theM embers of the General Assembly of the State of Georgia, Atlanta, Ga.
Gentlemen: The City of Savannah extends to the members of the General Assembly of the State of Georgia, and to all of the State House officers, from the Governor down, a most cordial and urgent invitation to visit Savannah on next Saturday and Sunday, July 29th and 30th, leaving Atlanta by special train on Friday night, and returning to Atlanta by special train leaving Tybee Sunday night. \Ve ask each and every one of you to be the guest of the people of Savannah from the moment you board the train at Atlanta until you leave the train on your return to the capital. Our program includes a ride on the Savannah River on Saturday, and Saturday night and Sunday at Tybee beach. This will give all an opportunity to see the commercial features of Savannah and to enjoy the salt breezes and surf bathing at Georgia's great beach.

TuESDAY, JuLY 25, 1922.

419

Savannah will be disappointed if a single Legislator fails to respond to the roll call at Savannah on Saturday morning. For two days we wish each and every member of the Assembly and each and every State official to regard himself as a Stnannahitm, part and parcel of the life of our community.

A prompt acceptance of our invitation is requesteel, collectively and indhidually, so that \Ve will he in position to know how many guests to arrange for.

Twice before the General Assembly has honored Savannah b)? visiting it. Ou this third occasion we hope to make their stay even more enjoyable than that of their predecessors-to make it, in fac~, the most memorable visit Georgia Legislators have ever made within the bounds of Georgia.

Very truly yours,

By a unanimous rising vote the invitation was accepted.
Upon motion by Mr. Wohlwender the Senate went into executive session at 10 :55 o'clock.
The executive session was dissolved at 11 o'clock.
The Senate, acting under Senate Resolution Number 80, repaired to the Hall of Representatives for the purpose of receiving a message from Hon. Wm. J. Harris, Senior Senator from Georgia.
The Senate reconvened at 3 o'elock.

420
Under a p1~eviously adopted resolution the Prelideut announced ~he Senate adjourned till tomorrow morning at 10 o'clock.

WEDNESDAY, JULY 26, 1922.

421

SENATE CHAMBER, ATLANTA, GA. Wednesday, July 26th, 1922;

The Senate met pursuant to adjournment at 10 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 read and found to be correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Nix asked unanimous consent that Senate Bill No. 181 be recommitted to the Committee on General Judiciary No. 2 for a further hearing and the consent was granted.
~Ir. Johns moved that Senate Bill No. 170, having been unfavorably reported by. the Committee on General Judiciary No.2, be recommitted to the Committee on General Judiciary No.2 for a further hearing and the motion was lost.
Mr. Palmour, Chairman of the Committee on Privilege of the Floor, submitted the following report:
M'r. President : Your Committee on Privileges of the Floor has

422

JOURNAL OF THE SENATE,

had under consideration the following Resolutions 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:

By Mr. Clay-
Resolved that the privileges of the floor be extended to Hon. J. B. Burnside of McDuffie County, for a period of 3 days.
By .Mr. Bond-
Resolved that the privileges of the floor be extended to Mr. and Mrs. G. W. Brown of College Park, Ga., for 3 days.

By Mr. Manson-
Resolved that the privileges of the floor be extended to Mrs. J. L. Rountree and daughter, wife of our distinguished Senator from the 16th District, during their stay in the city.
J. E. PALMOUR, Chairman.

The report of th~ Committee was adopted.
Mr. Ridley, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mt. President: Your Committee on Hygiene and Sanitation has
had under consideration the following bills of the

WEDNESDAY, JULY 26, 1922.

428

Senate and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass by substitute, as ameuded, to-wit:
Senate Bill No. 159. To revise the present laws creatiug Georgia State Board of Pharmacy.
Respectfully submitted,
DR. 0. L. RIDLEY, Chairman.

Mr. J aokson of 21st, Chairman of the Committee on Privileges and Elections, submitted the followiug report:

Mr. President:
Your Committee on Privileges and Elections has had under consideratiou the followiug bill of the
House and instructed me, a.s their Chairman, to re-
port the. same back to the Senate, with the recommendatiou that the same do not pass, to-wit:
House Bill No. 563.
Respectfully submitted,
.J. B. JACKSON, Chairman.

~fr. Nix, Chairmau of the Committee on General Judiciary No. 2, submitted the following report:
M1: P'resident:
Your Committee on General Judiciary No.2, has had under consideration the following bills of the

424

JOURNAL OF THE SENATE,

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. 197. To amend an Act placing the Solicitor General of the Cherokee circuit on a salary.
Senate Bill No. 170. To prohibit pool or billard rooms. Do not pass.
NIX, Chairman.

Mr. Wall, 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 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 No. 598.
Senate Bill No. 240.
Mr. Childs, 12th, Chairman of the Committee on Education, submitted the following report:

Mr. Ptesident:
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 de pass, to-wit:

-WEDNESDAY, JULY 26, 1922.

425

House Bill No. 772. House Bill No. 790.

CHILDS, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary has had m1der consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the Senate, with the recemmendation that the same do pass, to-wit:
House Bill No. 559. To change terms of City Court of Swainsboro.
House Bill No. 778. To amend Act establishing City Court of Oglethorpe.
GoLUCKE, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:
111-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 recemmendation that the same do not pass, to-wjt.

426

JOURNAL OF THE SEN ATE,

House Bill No. 55. To abolish fee system m Tallapoosa Circuit.
GoLUCKE, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

JJlr. P1esident:
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 recemmendation that the same do not pass, to-wit.
House Bill No. 640. To change time of holding ~Wheeler Superior Court.
GoLUCKE, ( 'hairman.

.Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President :
Your Committee ou Counties and County Matters has had under cousideration 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, towit:
House Bill No. 683, as amended.

WEDNESDAY, JuLY 26, 1922.

427

House Bill No. 156. Senate Bill No. 258.

RICHARDS, Chainnan.

The following bills, favorably reported, was read the second time :
By Mr. MansonSenate Bill No. 240. A bill relative to increase of
capital stock of Trust Companies.

By Mr. DavidSenate Bill No. 197. A bill to amend Act placing
Solicitor General of Cherokee Circuit on Salary.
By :Mr. Pope-
Senate Bill No. 258. A bill to amend Act abolishing Board of Roads and Revenues for Walker County.
By l\:lr. Phillips of JasperHouse Resolution No. 156. A resolution to elect
Board of Commissioners of Roads and Revenues of Jasper County by popular vote.
By Mr. Hatcher of BurkeHouse Bill No. 598. A bill to create a State D~
pository at Waynesboro.

428

JOURNAL OF THE SENATE,

By .Mr. Phillips of Jasper-

House Bill No. 683. A bill to amend Act creating Board of Commissioners of roads and revnues for Jasper County.

By Mr. King of wilcox-
House Bill 772. A bill to repeal Act establishing Public School System for Town of Abbeville.

B~' Mr. Sumner of Wheeler-
House Bill No. 790. A bill to repeal Act establishing Public School System for Alamo, Ga.

By Messrs. Boatwright and Browu of Emanuel-
House Bill No. 559. A bill to change the terms of ( "ity Court of Swainsboro.

B~- Mr. Robinson of Macon-
House Bill No. 778. A bill to amend the Act to establish Cit~r Court of Oglethorpe.
The following resolution was read and adopted:

By Messrs. Brown, :'\Villiams, Akin, Nix, Boykiu, Jones of 6th, and others-
Senate Resolution No. 88. A resolution resenting criticism by newspapers of Senator James R. Thomas.
The following resolution was read and ordered to lay over 1 day.

-WEDNESDAY, JULY 26, 1922.

42~

By Mr. Brown-
Senate Resolution No. 90. A resolution appointing a committee of 3 to verify reports of various departments.
The following resolution was read and referred to Committee on Rules.

By Mr. Johns-
Senate Resolution No. 89. A resolution providing that the rules committee place Senate Bill 170 on calendar.

STATE OF GEORGIA: SENATE CHAMBER, ATLANTA.

To The Senate:
The committee appointed under Resolution Ko. 68, to obtain detailed report of salaries, fees and expense, and list of employees of the various departments of State Government, beg to submit herewith the reports and exhibits attachd thereto from the Bureaus, Commissions and Departments submitted to this committee in response to said resolution and the requests made thereunder.
Respectfully submitted, HowELL CoNE, of 49th, JAS. R. THOMAS, of 3rd. JAMES H. BOYKIN, of 29th. Committee.

430

JoL:RNAL OF '!HE SENATE,

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

Mr. President:
The House has pa~sed by the requisite constitutional majority the following Bills of the House, towit:
House Bill Xo. -!74. A bill to amend an Act "to establish Georgia Xormal and Industrial College," so as to change the name of said college.
The following message "as receiYed from the House through Mr. :Moore, the Clerk thereof:

ill r. President:
The House has reall and adopted the following resolution of the House, to-wit:
House Resolution Xo. 191. A resolution accepting the inYitation of tlw Cit~ of SaYannah to inspect the proposed harbors in said city.
The following House bill was read the first time and referred to committee:

B~- .:\Ir. Ennis of Baldwin-

House Bill No. 474. A bill to amend Act establishing a Normal and Industrial College as a branch of the State University.
Referred to Committee on University of Georgia.
The following resolution was read and adopted.

vVEDXESDAY, JULY 26, 1922.

431

By Mr. Smith of Bryan-
House Resolution .No. 191. A resolution accepting the invitation of the City of Savannah to inspect the proposed harbor in said City.
The following. bill was read the third time and put upon its passage:

By Messrs. Brannen and Parrish of Bulloch-
Honse Bill X o. 714. A bill to amend Act creating City Court of Sylvester.
The committee offered the following amendment:
''By striking all of Sec. 2, thereof after the words ''Cost Bill'' in lOth line of said Section 2 and inserting the following:
''Then so much of said fund not so absorbed shall be paid on the insolvent cost bill of the Sheriff of said court for the preceding year, in event said Sheriff shall have an insolvent cost bill for said )ear unpaid at said time" so that said Sec. 2 as amended shall read as follows :
Sec. 2. Be it further enacted by the authority aforesaid that Sec. 41 of said Act approved Aug. 10, 1903, as amended by the Act approved Aug. 22, 1907, be amended as follows: By adding at the end of said Section the following: ''Provided that should there be with the Treasurer of said County in January of any year from said insolvent fund an amount greater than is required to pay said Solici-

432

JO"C"RNAL OF THE SENATE,

tor his insolvent cost bill then so much of said fund not so absorbed shall be paid on the insohent cost bill of the Sheriff of said Court for the preceding year, in event said sheriff shall have an insolvent cost bill in said year unpaid at said time."

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 30, the Xays were 0.

The bill having received the requisite constitu-

tional majority was passed.



The following bills were read the third time and put upon their passage:

By :\lr. Peacock-
Senate Bill Xo. 263. 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 30, .Xays 0.
The bill having received the requisite constitutional majority was passed.

By :M:r. Campbell-
Senate Bill Xo. 242. A bill to amend charter of City of Covington.

WEDNESDAY, JULY 26, 1922.

433

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 l\Ir. Pope-
Senate Resolution No. 84. A resolution authorizing Secretary of State to accept surrender of Charter of Chattanooga Rapid Transit Co.
The report of the committ~e, which was favorable to the passage of the Resolution, was agreed to.
On the passage of the resolution the Ayes were 30, Nays 0.
The resolution having received the requisite constitutional majority was passed.

B~, ~Ir. Thomas-
Senate Bill No. 218. A bill to incorporate the City of Jesup.
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.

434

.1O"C'RN AL OF THE SE:N ATE,

By :Mr. Clay-

Senate Bill :Ko. 173. A bill to abolish Act regulating the practice of the occupation of barbers.

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, Xa~'s 0.
The bill having received the requisite constitutional majorit~ was passed.

By DeKalb Delegation-
House Bill No. 7155. A bill to amend Act incorporating City of Chamblee.
'!'he report of the committee, which was favorable to the passage of the bill, was agreed to.
.( )u the passage of the bill the Ayes were 30, Xa~s 0.
Tlw bill having received the requisite constitutiollalmajorit~ was passed.
B~ :\[r. Collins of Cherokee-
House Bill Xo. 30. A bill to reincorporate Town of Canton.
'rhe 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, Xa~s 0.

.WEDNESDAY, JuLY 26, 1922.

435

The bill having received the requisite constitutional majority was passed.

By Mr. West of Fannin-
House Bill No. 425. A bill to create a new charter for Town of Fry.
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, Xa:vs 0.
The bill, having received the requisite constitutional majority was passed.
B~ Richmond Delegation-
House Bill No. 600. A bill to amend Act improviug condition of fire Department of Augusta.
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 constitutiona.l majority was passed.
By l\Iessrs. Harris and King of Jefferson-
House Bill No. 646. A bill to abolish local school system in Town of Stapleton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

436

JOURNAL OF THE SENATE,

On the passage of .the bill the Ayes were 30, Nays 0.
The bill having received the requisite constitutionalmajorit~ was passed.

By Messrs. Gresland and Hatcher of Burke-
House Bill No. 687. A bill to amend Charter of City of 'Waynesboro.
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 constitutionalmajorit~ was passed.

By .Mr. Hodges of Evans-
House Bill No. 584. A bill to amend City of ( laxtou.
The report ~f the committee, which was favorable to the passage of the bill, was agreed to.
Uu the passage of the bill the Ayes were 30,
Xays 0.
The bill having received the requisite constitutional majority was passed.
By )lr. Riley and Mr. Hines of SumterHouse Bill No. 696. A bill to amend Act to amend,
revise and consolidate the several Acts granting eorporate authority to the City of Americus.

WEDNESDAY, JULY 26, 1922.

437

The report of the committee, which wa-s 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-
House Bill Ko. 616. A bill to amend Acts granting corporate authority to Town of whigham.
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. Lewis of Colquitt-
House Bill'Xo. 137. A bill to amend Act amending the charter of l\Ioultrie, 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 received the requisite constitutional majority was passed.

438

JouRKAL oF THE SENATE,

By Mr. Luke of Ben Hill-

House Bill No. 697. A bill to amend charter of Fitzgerald relative to registration of voters.

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. Williams of MillerHouse Bill Xo. 702. A bill to amend Act creat-
ing City of Oolquitt.
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 luning receind the requisite constitutional majority was passed.

By Mr. Swift of Elbert-
House Bill ~o. 733. A bill to amend Act incorporating city of Elberton.
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.

WEDNESDAY, JULY 26, 1922.

439

The bill having receind the requisite constitutional majority was passed.

By Messrs. Swindle and DeLaPerriere of Jackson-
House Bill 604. A bill to amend charter of Town of Nicholson.
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 Muscogee DelegationHouse Bill No. 761. A bill to vest title to Lot
Number 3 in Block 66 of Commons in Columbus. The report of the Committee, which was favorable
to the passage of the bill, wasoagreed 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. Bozeman of Worth-
House Bill Ko. 661. A bill to amend Act creat ing charter for the City of Sylvester.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

440

JouRNAL OF THE SENATE,

On the passage of the bill the Ayes were 30, Nays 0.
The bill having receiYed the requisite constitutional majority was passed.

By Mr. Brannen and Parrish of Bulloch-
Hause Bill No. 681. A bill to amend Act creating City Court of Statesboro.
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. Grant of Habersham-

House Bill No. 727. A bill to amend Act creating new charter and municipal government for Clarkesville, 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

1\ays 0.

'

The bill having received the requisite constitutional majority was passed.

By Mr. Hutchens-
Senate Bill 253. A bill to amend Act protecting fur bearing animals of Ga.

WEDNESDAY, JULY 26, 1922.

441

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 42, 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. Campbell and Mr. Tarpley-
Senate Bill No. 230. A bill adding one more Judge to the Stone Mountain Superior Court Circuit.
The Committee offered the following amendment.
By striking from said bill Section 1 and inserting in lieu thereof the followng Section:
''Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That there shall be an additional Judge of the Superior Court for the Stone Mountain Circuit, whose term of office shall begin on the first day of January, 1923, and who shall after the passage and approval of this Act, be appointed by his Excellency, the Governor of Georgia, to hold office as such Judge until January 1, 1925, and until his successor is elected and qualified. The successor of such additional Judge shall be elected as provided by law for the election of Judges of the

4-1:2

Jm;RKAL OF THE SEXATE,

Superior Courts of this State at the general election for members of the General Assembly, to be held on Tuesday after the first monday in N ovember, 1924, for a term of four years, and until his successor is elected and qualified, such term to begin J auuary 1, 1925. All future elections for such additional Judge shall be for a term of four years, and until his successor is elected and qualified, and shall be held and conducted as by law provided for the election of Judges of the Superior Courts of this State.''
Amend further, by adding a new Section after Section 9, to be known as Section 10, and number Section 10 of said Bill Section 11, said new Section as follows:

"Section 10. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until January 1, 1923. ''

Amend Caption by striking therefrom the word '' election'' in the seventh line thereof and inserting in lieu of the same the word ''appointment.''
The amendment was adopted.
Mr. Bellah offered the following amendment.
''Amend b~ adding a Section to be numbered according: "Provided that the Judge appointed under this Act shall not receive a salary exceeding $3,000 dollars.''
The amendment was adopted.

..

WEDNESDAY, JULY 26, 1922.

443

The report of the Committee, which was favorable to the passage of the bill as amended, was agreed to.
Mr. W ohlwender called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting iu the affirmative were Messrs:

Akin, L. R. Bellah, .J. M. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell David, A. B. Davidson, J. E. Ellis, R. C. Fleming, W. 0.

1-'oy, John E. Goluckl', Alvin G. Hunt, 1'. M. Hutchins, H. C. .Tones, J O'hn H. Jones, 0. K. Kimzey, S.am ~Lauson, Frank C. Mills, J. H. Palmour, J. E. Peacock, C. H.

Richards, Will Rountree, J. L. Sheffield, R. H. Snow, Russell E. Tarpl<'y, R. 0 . Thorpe, E. M. Wall, Dan \\"illiams, Wiley Wohhvender, Ed.

Those voting in the negative were Messrs:

Colson, D. C. Fleming, Denis Hollingsworth, Jackson, J. B.

Johns, G. A. Lassiter, W. H. l\ix, 0. A. Pove, David F.

Taylor, Geo. W. Thomas, James R. Womble, M. D.

Those not voting were Messrs:

Bond, Chas. X. Boykin, James H. Haralson, Pat

HolnlE's, R. H. Hicl!Py, Dr. C. L. :->to,a II, E. B.

Walker, B. F. Weaver, J. D. Mr. President

Ayes 31, Nays 11.

On the passage of the bill the Ayes were 31, Nays 11.

The bill having received the requisite constitutional majority was passed.

..

444

J Ol!RNAL OF THE SE~ATE,

Mr. Campbell asked unanimous consent that the bill be immediately transmitted. to the House.
Mr. Nix objected.
Mr. Campbell moved that the bill be immediately transmitted to the House and the motion prevailed.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Blalock:

Mr. President:
I am directed by His Excellency the Governor to deliver to the Senate a commrmication in writing to which he respectfully invites your attention.

STATE OF GEORGIA,
}1JxECUTIVE DEPARTMENT,
ATLA~TA, July 25, 1922.
'l'o the General Assembly of Georgia:
I beg to invite the attention of your body to the moral obligation of this State to provide !Ill appropriate memorialization of those young Georgia soldiers whq died in the great World War.
Although this matter has been somewhat delayed, in the pressure of many dutie!! and responsibilities, I trust there has never been a doubt in the minds of the soldiers who survive in this State from that war that the great State of Georg-ia will do what is proper

WED:NESDAY, JuLY 26, 1922.

445

and :fitting to honor these dead sons of the State who died for their country.
Soldiers who :fight for their country-those who have lived and those who have died-are entitled to every acknowledgment that a grateful people and a grateful government can express. There should be and is no limit to the grateful appreciation of the people to them, although political experience everywhere has demonstrated that no demobilized army can exist as a political organization, without menace to Democratic institutions. I feel sure that this . truth is well understood in Georgia and throughout the country. I have concerned myself to observe with the most zealous care the work of our national government in the rehabilitation of our wounded and diseased soldiers. That work has been generous and full-handed. That is as the people wish it, and as it should be.
It is my hope that in the near future we will erect a great memorial, on Georgia soil, to Georgia soldiers who died, and to Georgia soldiers who are the survivors of that great war. I hardly think that sufficient time has elapsed since the war to begin active work on such a memorial. It must be carefull'y planned and its form of expression be carefully considered. I hope that before much longer, the General Assembly of our State will give this subject its most serious and thoughtful consideration, and shall pass whatever legislation is necessary to provide for an appropriate and suitable memorial.
I beli ~ve that at the present time there is one.

-146

JotiRN"AL oF THE SE~ATE,

thing that the present General Assembly of Georgia can and should do, as a preliminary to this great general memorial that I have the honor to suggest.

Two thousand of our most splendid young men assembled, in May, 1917, at Fort McPherson, Ga. to form a part of tho 82nd Division of the American Army in France. The history of this Division is a most striking illustration of the possibilities of Southern leadership and Southern heroism in modern times. I have in my possession a complete and wonderful history of the war record of this Division, which left Georgia in May, 1918, for France. I shall take proper steps to see that it is duly recorded in the permanent records of this State. The official military records show that in the capture of Cornay by this Division, the breaking of the German lines . was materially and appreciably hastened. On the mountain above the City of Cornay, a view is afforded of the Valley of the River Ayr, where thousands of the bravest and best of Georgia's heroic young men who participated in that great struggle enriched the soil of France with their glorious blood, in their desperate and successful assault upon Cornay.

The General Assembly could appropriately begin its recognition of the valor of Georgia's soldiers in that great war, by sending to the Province of Cornay, in France, a suita!bl'e monument of Georgia marble, with proper inscription, to be placed on the Mountain of Cornay, as a perpetual memorial to the heroic sons of Georgia who died there in the defense

WEDNESDAY, JuLY 26, 1922.

447

of their country and of their flag. This Memorial can be provided without any great or prohibitive cost, and I earnestly urge upon the General Assembly the creation of an appropriate Commission and the appropriation of a sufficient sum to accomplish this purpose.

Respectfully submitted,

w. THOl\'IAS

HARDWICK,

Governor.

Mr. walker moved that the Presdent appoint a Conference Committee to confer with a like Committee from the House with reference to the free school book bill and the motion prevailed.
The president appointed as a Conference Committee on the part of the Senate the following.
:\Iessrs : WALKER,
BoYKIN,
RouNTREE.
Mr. Thomas moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 10 o'clock.

448

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.

July 27th, 1922.

The Senate met pursuant to adjournment at 10 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 correct.
~y unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Ellis moved that the House be instructed to return House Bill No. 137 to the Senate for further consideration and the motion prevailed.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges of the Floor has ~ad under consideration the following resolutions 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:
By Mr. Palmour-
Resolved that the privileges of the floor be extend-

THURSDAY, JULY 27, 1922.

449

eel to Hon. J. A. Brannen and Ron. S.C. Groover of Statesboro and Ex-Senator J. H. Keene of 6th District, for two days.

By Mr. Nix-
Resolved that the privileges of the Floor be extended to Mrs. W. H. Lassiter, wife of our distinguished Senator from the 14th District, during her sta~' in the city.

By Mr. Pope-
Resolved that the privileges of the floor be extended to Ron. W. P. Jackson of LaFayette, Georgia, for two days.

B~, Mr. Brown-
Resolved that the privileges of the floor be extended to Mrs. P. W. Davis of Oglethorpe County, during her sta~- in the city.
Respectfully submitted,
J. E. PALl\IOUR, Chairman.

The report of the committee was adopted.
Mr. :B,leming of 8th, asked unanimous consent that House Bill No. 474 be withdrawn from the Committee on University of Georgia, read the second time and recommitted to the Committee on University of Georgia,.and the consent was granted.
The following bills were introduced, read the :first time and referred to committees.
Sig. 15-Senate

450

Jo-c-RKAL oF THE SENATE,

By Mr. Manson-
Senate Bill No. 272. A bill to repeal Act insuring protection of State records by establishing a Department of Archives and History for Georgia.
Referred to the Committee on Appropriations and Finance.

By Mr. Thomas-
Senate Bill No. 273. A bill to create a State Real Estate Commission.
Referred to the Committee on General Judiciary No.2.

By Mr. Fleming of lOth-
Senate Bill No. 274. A bill to amend charter. of Albany.
Referred to the Committee on Special Judiciary. The following resolutions were read and referred to committee:
By Mr. NixSenate Resolution No. 91. A resolution limiting
individual speeches to 15 minutes after Aug. 1st, 1922.
Referred to committee on Rules.
By Mr. PopeSenate Resolution No. 92. A resolution appoint-

THURSDAY, JULY 27, 1922.

451

ing a committee to confer with Appropriations and Finance Committee of both House and Senate relatiYe to working a plan to pa~ the pensions due the Confederate Soldiers.

Referred to Committee on Appropriations and Finance.

The follo\\ing resolution was read and ordered to la~ oYer one day.

B~ :Mr. Pope-
Senate Resolution No. 93. A resolution to appoint committee to confer with Chatham Represei~ tatives relative to trip to Savannah.
Mr. B. F. Walker of 18th, Chairman of the Committee on Appropriation and Finance, submitted the following report:
Mr. President: Your Committee on Appropriation and Finance
has had under consideration the following bills of the Senate and House resolution, 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 No. 228.
Senate Bill No. 271.
House Resolution No. 124.
B. L. WALKER, Chairman.

452

J O"LTRNAL 01<' THE SENATE,

Mr. :Nlills of 26th, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture, 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 not pass, to-wit:
Senate Bill No. 184. Messrs. Brown and Thomas, to abolish Bureau of Markets.
The following bills, favorably reported, were read the second time :

By Mr. Boykin and Mr. Walker-
Senate Bill No. 271. A bill to repeal Act providing for Special Attorney for the Railroad Commission ..

By Mr. Pope-
Senate Bill No. 228. A bill to amend Code relative to employment agencies.

By Mr. Hunter of Chatham-
House Resolution No. 124. A resolution appropriating $1,500 to pay expenses incurred by committee investigating the tax system.
Mr. Ellis asked unanimous consent that the Senate reconsider its action in passing House Bill :No. 137, and the consent was granted.

THURSDAY, JULY 27, 1922.

453

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, towit:
Senate Bill No. 237. A bill to repeal an Act to establish system of Public Schools for Richland.
The following message was received from the House through Mr. l\tloore, the Clerk thereof:

Mr. P'resident:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 827. A bill to amend the charter of the Town of Warwick, North County.
House Bill No. 818. A bill to amend the charter of the City of Americus.
House Bill No. 811. A bill to establish the City Court of Barrow County.
House Bill No. 812. A bill to amend the charter of the city of Atlanta.
House Bill No. 822. A bill to amend an Act to establish the City Court of Hall County.
The following message was received from: the House through Mr. Moore, the Clerk thereof:

454

JouRNAL OF THE SENATE,

Mr. President :

The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 810. A bill to amend the charter of the city of Milledgeville.

House Bill No. 7156. A bill to repeal an Act incorporating the Town of Bolton, Georgia.

House Bill No. 809. A bill to amend an Act creating the city Court of Claxton.

House Bill No. 824. A bill to amend an Act establishing the City Court of Metter.

House Bill No. 820. A bill to create a new charter for the City of Viadalia.

The following House Bills were read :first time and referred to Committees:

.BY Messrs. Hines and Riley of Sumter-
House Bill No. 818. A bill to amend Act granting corporate authority to City of Americus.
Referred to the Committee on Special Judiciary.

By Mr. Langford of Toombs-
Hause Bill No. 820. A bill to create a new charter for City of Vidalia.
Referred to the Committee on Corporations.

THURSDAY1 JULY 27, 1922.

455

By Mr. Russell of Barrow-

House Bill No. 811. A bill to establish City Court of Barrow County.

Referred to the Committee on General Judiciary No.2.

By l\Ir. Boazeman of WorthHouse Bill No. 827. A bill to amend charter of
Warwick.
Referred to the Committee on Corporations.

By Mr. Moore of Fulton-
House Bill No. 756. A bill to repeal Act incorporating Town of Bolton.
Referred to the Committee on Corporations.

By Mr. Miles of CandlerHouse Bill No. 824. A bill to amend Act establish-
ing City Court of Metter.
Referred to the Committee on Special Judiciary.

By Mr. Hodges of EvansHouse Bill No. 809. A bill to amend act creating
City Court of Claxton. Referred to the Committee on Special Judiciary.

By Mr. Ennis of Baldwin-
House Bill No. 810. A bill to amend Act creating charter for city of Milledgeville.

456

JOURNAL OF THE SENATE,

Referred to the ('ommittee on Corporations.

By Messrs. Duncan and Langford of Hall-
House Bill No. 822. A bill to amend Act establishing City Court for County of Hall.
Referred to the Committee on Special Judiciary.

By Messrs. Moore and Holloway of Fulton-
House Bill No. 812. A bill to amend the charter of Atlanta.
Referred to the Committee on Corporations. The following resolution was read and adopted.

By Messrs. Cone, Jackson and Nix-
Senate Resolution No. 94. A resolution extending to the City of Atlanta the sincere thanks of this body for the entertainment on July 26th.
The following resolution was read and referred to the Committee on Rules.
By Mr. BrownS. R. No. 95. Resolved that Senate Bill No. 184
be made a special and continuing order for Tuesday, Aug.l.
The following bills were read the third time and put upon their passage:
Br Mr. DavidSenate Bill No. 197. A bill to amend Act placing
Solicitor General of Cherokee Circuit on Salary.

THURSDAY, JuLY 27, 1922.

457

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 1\Ir. Pope-
Senate Bill No. 258. A bill to amend Act abolishing the Board of Roads and Revenues for Walker County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage o.f the bill the Ayes were 30, Xays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Boatright and Brown of Emanuel-
House Bill No. 559. 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 30, Nays 0.
The bill having received the requisite constitutional majority was passed.

458

JouRNAL oF THE SENATE,

By Mr. Phillips of Jasper-
House Bill No. 683. A bill to amend Act creating a Board of Commissioners of Roads and Revenues for County of Jasper.
The report of the Committee, which was favorable to the passage of the bill as amended, was agreed to.
The committee offered the following amendment: ''Insert $2,000.00 in lieu of $10,000.00 where said $10,000.00 occurs.''
The amendment was adopted.
The bill having received the requisite constitutional majority was passed.

By Sumner of Wheeler-
House Bill No. 790. A bill to repeal Act creating Public School System for town of Alamo.
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 'vere 30, Nays 0.
The bill having received the requisite constitutional majority WHS passed.

By Mr. Robinson of Macon-
House Bill No. 778. A bill to amend Act establishing City Court of Oglethorpe.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, J"L"LY 27, 1922.

459

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 Wilcox-
House Bill No. 772. A bill to repeal Act establishing system of Public Schools for Town of Abbeville.
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. Hatcher of Burke-
House Bill No. 598. A bill to be entitled au Act creating a State Depository at Waynesboro.
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. Phelps of Jasper-
House Resolution No. 156. A resolution to elect members of Board of Commissioners of Roads and Revenues of Jasper County by popular v-ote.

460

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 80, Kays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read third time and put upon its passage:

By Mr. Manson-
Senate Bill 178. .A bill to authorize the authori-
ties of certain counties of this State to prescribe by order the term and period of the fiscal year of such county, for which the annual taxes of such count~ an to be levied and expended, and for other purposes.
The committee offered the following substitute.

A BILL
To be entitled an Act to authorize the authorities of certain counties of this State to prescribe by order the term and period of the fiscal year of such county, for which the annual taxes of such county are to be levied and expended and to authorize such authorities to adjust the financial affairs of such county to 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 b~ authority of the same, that from and after the passage of this Act, Counties of this State having a popu-

THURSDAY, JULY 27, 1922.

461

lation of 150,000 or more by the U.S. Census of 1920, or any future U. S. Census or ariy official State Census, may create, as hereili provided, a fiscal year for such counties, which fiscal year so created may cover a different period of time than the calendar year, and for which fiscal year so created, taxes shali he levied and expended, in the manner now provided by law.
Section 2.Any such county, within two years after the adoption of such fiscal year hereunder, shall have full power and authority to levy taxes for adjusting and paying any indebtedness which may have been lawfully created, for current expenses, from the first da~ of January, of the year in which the fiscal year hereunder is adopted, to the beginning of such first fiRcctl year.
Section 4. The fiscal year as provided for in Section One herein shall not be operative or effective~ in any such comity, unless and until the Ordinary, Board of Commissioners, or other authority, having charge of the fiscal and administrative affairs of any such county, shall by formal order, which shall be entued upon their minutes at the time, declare the period of such fiscal year, and when the same shall have been declared as herein provided, the same shall have the effect of adopting the period, therein described, as the fiscal year of said county and all taxes which may be levied for such fiscal year shall he used or expended during the .same, in the same manner as taxes are now levied, used and expended during- the current calendar year.

462

J OURNA.L OF THE SENATE,

Section . All laws and pa.rts of laws in conflict with this Act be and the same are 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 30, Xays 0.

The bill having received the requisite constitutional majority was passed.

The following communication was read for the information of the Senate:

Oli'FICiiJ STATJi~ TAX COMMISSIONER, ATLANTA, GA.
July 27, 1922.

To The Memb-ers of The Ger11eral Assembly of the State of Geor_()ia:

Sirs:
In view of the fac;.t that possibly a great deal of the agitation for the repeal of the State Tax Equalization Law has resulted from the charges of mal-administration which have been so persistently circulated in certain publications, as well as oral statements, and in view .of the further fact that thes-e charges have been put in concrete, definite form and published in the Atlanta Constitution of this date

THURSDAY, JULY 27, 1922.

463

over the signature of one J. A. Holloman, in the following language :
"The administration of the law is-whether purposely or not-discriminatory, unjust, unfair, inadequate and ine'fficient. ''

And, in view of the further fact that your Body is the only forum in which these charges can be properly and legally enquired into, I wish to most earnestly and urgently request the appointment of a Joint Committee from your two Houses, with authority to examine witnesses under oath, in order that parties making these charges may be furnished an opportunity to make good on them and in order, further, that in case such charges are sustained before said Committee, impeachment proceedings may be instituted, as they should be, against the State Tax Commissioner.

.Most respectfully yours,
H. J. FuLLBRIGHT,
State Tax Commissioner. HJJi'jA Hon Herbert Clay,
Presideut Senate, State Capitol.
Mr. Jones of 37th moved that action on the communication be withheld for the present and the motion prevailed.

464

JouRNAL OF THE SENATE,

The following message was received from His Excellency the Governor, through his Secretary, Mr. Blalock:

J.vlr. President:
I am directed by His Excellency the Governor to deliYer to the Senate a communication in writing to which he respectfully invites your attention:

STATE OF GEORGIA: li::XECUTIVE DEPARTMENT,

ATLANTA.

July 26, 1922. To The GPneral Assembly of GPorgia:

I beg to inYite your attention to the attached communication from the Assistant Secretary of the Treasury of the United States.
The request of the Secretary of the Treasury is reasonable, and I recommend to you the adoption of legislation in accordance therewith.
Respectfully submitted,

Governor.

THuRSDAY, JuLY 27, 1922.

465

TREASURY DEPARTMENT,

Washington, D. C., July 13, 1922. The Governor of the State of Georgia,
Atlanta, Georgia. Sir:

\Vith reference to the cession of State jurisdiction over lands in Georgia acquired for Federal building sites, the Department has the honor to refer to your letter of May 1, 1922, ~tating that the legislature of Georgia would convene on June 28, at which time you would bring to its attention the subject of procuring an amendment to Section 26, Vol. 1, Code of Georgia, 1911, so as to eliminate the provision that "The State retains its civil and criminal jurisdiction oYer persons and citizens in said ceded territory as oYer other persons and citizens in this State."
The Department ventures to express the hope that the matter is receiving favorable consideration, the enactment of the requested legislation being particularly desired in connection with sites recently acquired in carrying out provisions of Congress for the care of discharged sick and disabled soldiers, etc., who served in the World War.
A reply at your convenience will be appreciated.
Respectfully,
(Signed) EDWARD CLIFFORD,
Assistant Secretary.

466

JouRNAL OF THE SENATE,

The following bill was read the third time and taken up for consideration.

By Messrs. Thomas and Lassiter-
Senate Bill No. 241. A bill providing for thE rotation of Superior Court Judges in this State.
The hour of adjournment having arrived thE President announced the Senate adjourned till to morrow mon1ing at 10 o'clock.

FRIDAY, JuLY 28, 1922.
SENATE CHAMBER, ATLANTA, GA.
July 28th, 1922.
The Senate met pursuant to adjournment at 10 o 'c1ock A. M. this day 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 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:
Savannah, Ga., July 28, 1922. HERBERT CLAY,
President Geotgia Senate, Atlanta: Ou eve of your departure for Savannah the entire City send greetifigs to the Georgia Senate and wishes them a happy journey to Georgia's Seaport City. The entire City _is delighted you are coming. Best wishes to all.
MuRRAY M. STEWART, Mayor.

468

Jo-eRNAL oF THE SENATE,

1\fr. Richards, Chairman of the Committee on County and County Matters, submitted the following 1'eport:

.Mr. President:
Your Committee on County and County Matters, 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 reeommendation that the same do pass, to-wit:

By ~ir. Fleming of lOth-
Senate Bill No. 196. A bill to ereate a board of County Commissioners of Roads and Revenues for Dougherty County, Georgia.
RICHABDS, Chairman.

~Ir. X ix, Chairman of the Committee on General Judiciary Xo. 2, submitted the following report:

J/r. President:
Your Committee on General Judiciary No. 2 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 recommeiidation that the same do pass, to-wit:
House Bill .No. 811. Providing for a City Court for Barrow County.
Respectively,
0. A. Nrx, Chairman.

FRIDAY, JULY 28, 1922.

469

Mr. Jones of 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 Billl\o. 629.
JoxEs of 37th, Chairman.

Mr. Golucke, Chairman of the Committee ou Special J ucliciary, submitted the following report:
J}] r. President:
Your Committee on Special Judiciary, has had under consideration the following bills of the Senate and iustr11cted 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. 274. House Bill :No. 822.
House Billl\o. 647.
GoLUCKE, Chairman. Privileges of the Floor, submitted the following re~ port:
1\Ir. Palmour, Chairman of the Committee Oil

470

JouRNAL oF THE SENATE,

Mr. President:

Your Committee on Privileges of Floor, has had under consideration the following resolution of the Senate imd instructed me, as their Chairman, to report the same baek to the Senate, with the recommendation that the same do pass, to-wit:

By :Mr. David-
Resolved that the privileges of the floor to extended to Ron. L. R. Pitts, Ex-Senator from the 4Brd District, during his stay in the city.
J. E. PALMolJR, Chairman.

The report of Committee was adopted. The following bill, favorably reported, was read the second time :
By Mr. Fleming of lOth-
Senate Bill N"o. 196. A bill to create a Board of Commissioners of Roads and Revenues for Dougherty.
Under the head of unfinished. business the following bill was taken up for consideration:
By Mr. Thomas-
Senate Bill No. 241. A bill to provide for Rotation System of Judges.
Mr. Thomas moved that the bill be tabled and the motion prevailed.

FRIDAY, J"C"LY 28, 1922..

471

The following bill favorably reported was read the second time.

By .b'leming of lOth-
Senate Bill No. 274. A bill to amend charter of Albany.
The following House bill, favorably reported, was read the second time :
By Mr. Herring of Schley.-:
House Bill No. 647. A bill to amend an Act to fix the amount of fees of Clerks of Superior Courts in certain counties.
The following bill was read the third time and taken up for consideration.

By Mr. Bond-
Senate Bill No. 203. A bill to amend Act known as \Vorkmen's Compensation Act.
.Mr. Brown moved that the bill be tabled and the motion prevailed.
The following bills, favorably reported, were read second time.

By Messrs. Moore and Holloway of Fulton-
House Bill No. 629. A bill to amend City charter of Atlanta.

472

By 1\Ir. Duncan and Lankford of Hall-
House Bill No. 822. .A bill to amend .Act establishing City Court of Hall.
The following resolution was read third time and put upon its passage.

By Messrs. Hunter of Chatham and Parks of Terrell-

House Resolution No. 124. .A resolution appropriating $1,500 to pay expenses iucmrred by committee investigating tax system.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.

The resolutim:i cnrrying an appropriation, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs:

Bellah, J. M. Brown, L. t'. Ollilds, E. W. Collum, J. M. Colson, D. t'. Davidson, J. E. Ellis, B. (.
ll'leming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G.

IIollingsworth, llnnt, T. :M.
Jackson, J. B.
Jolms, G. A. Jones, 0. l(. Kimzey, Sam
:=n:s:, o. A.
Palmour, J. E.
Peacock.. ('. H.
Pope, David F. Snow, Russell E.

Sto\'all, E. B. Tarpley, B. 0. Tay:or, Geo. W. Thomas, James .R. T'Jwrpe, E. :U. W,eaver, J.D. Williams, Wiley Wohlwender, Ed. Womble, M. D.

Those not voting were .Messrs:

Akin, L. R. Bond, Cbas. N. Daykin, James lL Campbell, R. W. Done, Howell David, A. B. Haralson, Pat

llolmes, H. H. Hut<hins, H. C. Jones, John H. l.aasiter, W. H. Manson, Frank C. .Mills, J. lL Riellardll, Will

Ridley, Dr. e. L.
Rountree, J. L. fiheffield, B. H. W-alker, D. l!'. Wall, Dan .Mr. President

FRIDAY, JuLY 28, 1922.

473

Ayes 31, Nays 0.
On the passage of the resolution the Ayes were 31, the Nays were 0.
The Resolution having received the requisite constitutional majority was passed.
The following bill was introduced, read first time and referred to committee:
By Mr. Fleming of lOth-
Senate Bill No. 275. A bill to amend Act providing for a system of Public Schools for Albany, Ga.
Referred to Committee on Education.
The following bill, favorably reported, was read the second time :

By Mr. Russell of Barrow-
House Bill No. 811. A bill creating City Court of Barrow County.
l\Ir. Wohlweuder moYed that when the Senate adjourn today it stand adjourned until Monday morning, July 31st, 1922, at 11 o'clock and the motion prevailed.
The following bill was read the third time and taken up for consideration:

By .Messrs. Boykin and Walker-
Senate Bill No. 271. A bill to repeal law providing for Special Attorney for Railroad Commission.

474

JouRNAL oF THE SEliiATE,

Mr. Brown called for the previous question and the call was sustained.
The report of the committee, which was favorable 0 to the passage of the bill, was agreed to.

The main question was ordered.

On the passage of the bill Mr. Walker called for the ayes and nays and the call was sustained.

The roll call was ordered and the vote was as follo,Ys:

Those voting in the.affirmative were Messrs:

Bellah, .T. M.. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. M. Colson, D. C. David, A. B. Ellis, R. C. Fle.ming, W. 0. Foy, Jolin E. Hollingsworth,

Hunt, T. M. Jackson, J. B. Johns, G. A. Jones, J ahn H. Jones, 0. K. Lassiter, W. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Richards, Will Sheffield, R. H.

Sto,all, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall, Dan Wleaver, J. D. \Villia.ms, Wiley Wohlwender, Ed. Womble, M. D.

Those voting in the negative were Messrs:
Snow, Russell E.
Those not voting were Messrs:

Akin, L. R. Bond, Chas. N. Campbell, R. W. <Xlne, Howell Davidson, J. E. F1leming, Denis

Golucke, Alvin G. Haralson, Pat Holmes, R. H. Hutchins, H. C. Kimzey, Sam Manson, Frank C.

Ayes 33, Nays 1.

Mills, J. H. Pope, David F. Ridley, Dr. C. L. Rountree, J. L. Mr. President

FRIDAY, JuLY 28, 1922.

475

On the passage of the bill Ayes were 33, the Nays were 1.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:

Mr. President :
The House has passed by the requisite constitutional majorit~' the following bills of the House, towit:
House Bill~o. 828. A bill to be entitled an Act to amend. an Act creating office of Commissioner of Roads and Revenues for Ben Hill County.
House Bill No. 829. A bill to be entitled an Act to incorporate Union School District in Fayette County.
House Bill No. 836. A bill to create the office of County Treasurer of Taylor County.
House Bill No. 837. A bill to repeal an Act to abolish the office of County Treasurer of Taylor County.
House Bill No. 840. A bill to abolish the City Court of Toombs County.
House Bill No. 841. A bill to establish the city Court of Lyons.
The following message was received from the House through Mr. Moore, the Clerk thereof:

476

J OL"RNAL OF THE SENATE,

Mr. President:
The House has Read and adopted the following resolution of the House, to-wit:
House Resolution No. 199. A resolution extending thanks to Mayor Key and the City of Atlanta for the entertainment given the General Assembly.
The following message was received from the House through Mr. Moore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majorit~: the following bills of the House, towit:
Hou~e Bill No. 7215. A bill to be entitled au Act to amend an Act relative to creation of a Bond Commission for Ware County.
House Bill No. 746. A bill to be entitled an Act to amend au Act establishing a Board of Commissioners of Roads and Revenues for J enkihs County.
House Bill No. 750. A bill to be entitled an Act to prohibit catching of fish in certain part of Brastown Creek for period of two years.
House Bill No. 785. A bill to be entitled an Act to give more authority to Commissioners, Ordinary or County Judge in certain counties.
House Bill Ko. 817. A bill to be entitled au Act to amend an Act abolishing Board of Roads and Revenues and establishing Board of Commissioners for Walker County.

}PRIDAY, JULY 28, 1922.

477

The following House bills were read first time and referred to committees:

By ?\Ir. Lankford of Toombs: House Bill No. 841. A bill to establish City Court
of Lyons. Referred to the Committee on Special Judieiary.

By Mr. Lankford of ToombsHouse Bill No. ~40. A bill to abolish City Court
of Toombs County.
Referred to the Committee on Special Judieiary.

By ~lr. Culpepper of Fayette-
House Bill No. 829. A bill to incorporate Inman School in Fayette County.
Referred to the Committee on Education.

By .Mr. Franks of Towns-
House Bill No. 750. A bill to prohibit catching of fish in Brastown Creek.
Referred to the Committee on Game and Fish.

By 1\:lr. Dixon of Jenkins-
House Bill No. 746. A bill to amend Act to establish Board of Commissioners of Roads and Revenues for Jenkins County.
Referred to the Committee on Counties and County Matters.

478

JOURNAL OF THE SENATE,

By :Mr. Bowden of Ware-
House Bill No. 725. A bill to amend Act to create a Bond Commission for Ware County.
Referred to the Committee on Counties and . County Matters.

By l\Iessrs. McClure and Jones of Walker-
'~ House Bill No. 785. A bill to amend Act giving certain power to ordinary in W a,lker Co.
Referred to the Committee on Counties and County Matters.

B~ :Messrs. McClure and Jones of Walker-
House Bill No. 817. A bill to amend Act abolishiug Board of Commissioners of Roads and Revenues for \Valker County.
Referred to the Committee on Counties and County Matters.

B~ Mr. Luke of Ben Hill-
House Bill No. 828. A bill to amend Act creating office of Commissioners of Roads and Revenues for Ben Hill County.
Referred to Committee on Counties and County Matters.

By Mr. Foy of Taylor-
House Bill No. 836. A bill to create office of County Treasurer of Taylor County.

FRIDAY, JuLY 28, 1922.

479

Referred to the Committee on Counties and County Matters.

By .Mr. .B,oy of Taylor-
House Bill .No. 837. J\ bill to repeal Act abolish-
ing office of County Treasurer of Taylor County.
Referred to the Committee on Counties and County Matters.
The following bill was introduced, read the first time, and referred to Committee:

By .Mr. Golucke-
A bill to Amend an Act creating Board of Com- . missioners for Warren and Taliaferro Counties.
Referred to the Committee on Special Judiciary. The following message was received from the House through ~Ir. Moore, the Clerk thereof:
M1. President:
The House has read and concurred in the Senate amendments to the following House bills, to-wit:
House Bill No. 714. Relative to Bulloch County. House Bill No. 683. Relative to Jasper County. House Bill No. 565. Relative to Schley. Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

480

JOURNAL OF THE SENATE,

Mr. President :
Your Committee on Privileges 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 recommendation that the same do pass.

By Mr. Clay-
A resolution extending the privileges of the floor to Ron. Homer R. McClatchey of Columbus, brother of our distinguished Secretary, during his stay in the City.
By Mr. Pope-
Resolved that the privileges of the floor be extended to Ron. F. W. Copeland, for 3 days.
J. E. PALMOUR, Chairman

The report of the committee was adopted. The following Resolution was read and adopted:

By l\lr. Hamilton of :B~loyd-
House Resolution No. 199. A resolution extending thanks of General- Assembly to City of Atlanta.
The following bill was read third time and taken up for consideration.

By ~{r. Manson-
Senate Bill No. 240. A bill relative to increase of capitol stock.

FRIDAY, JuLY 28, 1922.

481

Mr. Walker moved that the bill be recommitted to the Committee on Banks and Banking and the motion pre\'ailed.

:Mr.' weaver moved that the Senate do now ad-
JOUrH.
I\Ir. Taylor called for the Ayes and Xays and the call was sustained.

The roll call was ordered and the Yote \Yas as followR:

Those voting in the affinnative were :Messrs:

Bellah, .J. M. Ellis, R. C. Jones, John H. Kim?-ey, Sam

Pope, David F. Snow, Russell E. Sto\all, E. B. Thomas, James R.

Thorpe, E. M. \\" ea ver, J. D. Wohlwender, Ed.

Those voting in the negative were Messrs:

Brown, L. C. Childs, E. W. Collum, J. M. Colson, D. C. David, A. B. Davidson, J. E. Fleming, Denis

Fleming, W. 0. Golucke, Alvin G. Johns, G. A. Jones, 0. K. . Lassiter, W. H. Xix, 0. A. Richards, Will

Sheffield, R. H. Tarpley, R. 0. Taylor, Geo. W. \\'alker, B. F. Wall, Dan \\'illiams, \\'iley

Those not voting were Messrs :

Akin, L. R. Bond, Chas. N. Boykin, James H. Campbell, R. W. Cone, Howell }'oy, John E. Haralson, Pat

Hollingsworth, Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Manson, Frank C. Mills, J. H.

Palmour, J. E. Peacock, C. H. Ridley, Dr. C. L. Rountree, J. L. Womble, M. D. l\f r. Prl'sident

Ayes 11, Nays 20.

Sig. 16-Senate

482

.T orRN AL OF THE SE~ ATE,

On the motion to adjourn the ayes were 11, the Nays were 20 and the motion was lost.

The following bill was read the third time and taken up for ron,;iderat~on.

By Messrs. Thorpe and Cone-
Senate Bill Xo. 227. A bill to amend Act providing for the execution of deeds outside the State.
The committee offered the following substitute.

A BILL

To be cntitlPd an Act to amend Section 4203 of the Code of Georgia of 1910, as amended by an Act approved August 19, l 912, touching the execution of deeds outside of the State of Georgia, by providing that a justice of the peace or a notary public ex-officio justice of the peace, of the State and county or country where executed, or a notary public of the City of the State or Country where executed, shall be a competent official 'vitness to a deed to reality or personality, in the State of Georgia; and for the purpose of authorizing the record of all such deeds with the same admissible and effect (whether recorded prior or subsequent hereto), as if such deeds had been executed before a notary public of the State and County, or Country, in which executed, 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 Section 4203 of the Code

FRIDAY, JuLY 28, 1922.

483

of Georgia of 1910, as amended by Au Act approved August 19, 1912, be and the same is hereby amended by inserting the words ''justice of the peace, or uotary public ex-officio justice of the peace," and also the words "or city," in said Section, so that said Section 4203 of the Code of Georgia of 1910, as amended by the Act approved August 19, 1912, when so amended, shall read as follows: Section 4203, To authorize the record of a deed to realt~ or personalty when executed outside of this State, the deed must be attested by or acknowledged before a commissioner of deeds for the State of Georgia, or a consul or vice consul of the United States (a certificate of these officers under their seal being evidence of the fact), or by a judge of a court of record in the State or County where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge, or by a clerk of the court of record under the seal of the Court, or by a notary public or justice of the peace. or a notary public ex-officio justice of the peace, of the State and count~ or city or country where executed, with his seal of office attached; and if such notary public or justice of the peace or notary public ex-officio justice of the peace has no seal, then his official character shall be certified by a clerk of any court of record in the County, City or Country of the residence of such notary public or justice of the peace, or notary public ex-officio justice of the peace. A deed to realty must Jw attested by two witnesses, one of whom may he one of the officials aforesaid.

-1:84

J ovRxAL OF THE SExATE,

Section 2. Be it further enacted by the authority aforesaid, that the record of all deeds heretofore proved or acknowledged before, or attested by a notary public or justice of the peace or notary public ex-officio justice of the peace, in or for any State and County, or city or country outside of the State of Georgia, and which deeds are otherwise entitled to record, be and is hereby authorized, and such deeds, whether recorded prior or subsequent to the passage of this Act shall, be admissible in evidence and have the same force and effect, as if approved or acknowledged before, or attested by a notary public of the state and county, or country in which executed; provided that nothing contained in this Act shall affect the rights of parties in suits now pending in any county of this State.
Section 3. Be it further enacted that allla\YS and parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed.
The substitutr was adopted.
The report of the Committe, which was favorable to the passage of the bill by substitute, was ~Cgrrec'l to.
On the passage of the bill the Ayes were 27, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent Senate Bill No. 203 was taken from the table and placed in its regular order on the calendar.

FRIDAY, JuLY 28, 1922.

485

The following bill was read the third time and put upon its passage:

By l\:lr. Childs-
Senate Bill 233. A bill to amend school laws 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 27, the Kays were 0.
The bill having received the requisite constitutional majority was passed.
.:\lr. Jackson moved that the Senate do now adjourn.
Under the previously adopted resolution the President announced the Senate adjourned till Monday morning at 11 o'clock.

486

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.

July 31st, 1922.

The Senate met pursuant to adjournment at 11 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 Journa1 of Friday's proceedings had been examined .and found correct.
By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with.
Mr. Campbell asked unanimous consent that Senate Bill No. 268 be withdrawn from the Committee on Corporations read the second time and recommitted to the committee on Corporations and the consent was granted.
Mr. Manson asked unanimous consent that Senate Bill No. 228, having been favorably reported, be recommitted to the Committee on Appropriations and l!,inance for a further hearing and the consent was granted.
Mr. Haralson asked unanimous consent that Senate Bill No. 262 be withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted to the committee on General Judiciary K o. 1, and the consent was granted.

MoNDAY, J"GLY 31, 1922.

487

Mr. Golucke asked unanimous consent that all Seilators having bills and resolutions 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 committee:

By Mr. Johns-
Senate Bill :No. 276. A bill to change time of holding June term of Superior Court in Barrow County.
Referred to the Committee on General Judiciary No.2.
By Mr. BrownSenate Bill No. 277. A bill to amend Code rela-
tive to selection of Crawford, Ga., as a State Depository.
Referred to the Committee on Banks and Banking.
By Mr. SheffieldSenate Bill No. 278. A bill to amend Act relating
to the Board of Commissioners of Roads in Early County.
Referred to the Committee on Counties and County Matters.
By :Nlr. BondSenate Bill No. 279. A bill to amend constitution
so as to make women eligible for jury service.

488

JouRNAL OF THE SENATE,

Referred to the Committee on Constitutional Amendments.

By Mr. Sheffield-
Senate Bill No. 280. A bill to provide time and manner in which defendants inay demand indictments in City Court of Blakely.
Referred to the Committee on Special Judiciary.

By Mr. Walker-
Senate Bill No. 281. A bill to repeal Par. 5 ~ec. 3 of Act organizing Highway Department.
Referred to the Committee on Public Roads.

By Mr. Walker-
Senate Bill No. 282. A bill to amend Section 5716 of Code of Georgia.
Referred to the Committee on General Judiciary No.1.

By Mr. Boykin-
Senate Bill No. 282. A bill to amend- charte:.; of Lincolnton, Ga.
Referred to the Committee on Corporations.

By Mr. Golucke-
Senate Resolution No. 96. A resolution to provide for a tax on invisible property.

MoNDAY, JuLY 31, 1922.

489

Referred to the Committee on App-ropriations and Finance.

Mr. Childs of the 12th, chairman of the Committee on Education, submitted the following report:

JYJr. President :
Your Committee on Education 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. 275.
The following bill, favorably xeported, was read the second time :

By Mr. Fleming of lOth-
Senate Bill No. 275. A bill to establish a system of public Schools for City of Albany.
The following bill was read the second time and recommitted at the request of Mr. Wall of the 5th:
By Mr. Bowden of Ware-
House Bill No. 725. A bill to amend an Act to create a Bond Commission for Ware County, Ga.
The following communication from the Governor was read for the information of the Senate:

490

JouRNAL OF THE SENATE,

The following communication from His Excellency the Governor was read:

STATE OF GEORGIA: EXECUTIVE DEPARTMENT, ATLANTA.

July 20, 1922.

To The General A~sembly of Georgia:
At your last session the Georgia State Board of Forestry was created for the purpose of investigating and reporting to you the forest 11eeds of our State. Subsequent to the creation of this board subcommittees have gone into the subject and made their reports which the board has unanimously approved.
In calling your attention to the report of the State Board, I wish to assure' ~-ou that careful and painstaking work has been done, which is herewith submitted for your further consideration. You will note that this report goes into considerable detail concerning the forest needs, our forest wealth, the extent of forest depletion, Georgia's wood requirements, her lumber cut, migration of saw mills, shrinkage of employment and other evidences of forest exhaustion, including the decline of our naval stores industry, soil erosion, etc. The economic aspects of the situation show that we ha...-e reached a critical point and the time has come to make a definite beginning on this most important matter.

MoNDAY, JuLY 31, 1922.

491

I commend the report of the State Board of ]1--,orestry to you for your most careful consideration and action at this time and as I have had occ:asion to keep in personal touch with this work and fully realize the importance of forest fire control and state encouragement for reforestation of our vast cut over areas in Georgia, I heartily recommend that the provisions set out in this report be written into the code of Georgia Laws in order that our State may take its proper place with other progressive states of the Union and no longer fail to encourage its citizens in the protection and replacement of our forest areas.
Respectfully submitted,
w THOl\:IAS 0 HARDWICK,
Governor.

492

J OURXAL OF THE SENATE,

RE.PORT OF THE GEORGIA STATE BOARD OF FORESTRY.

To the President, the Honorable Governor and Other
Members of the Georgia State Board of Fores-
try:
We your sub-committee, appointed to investigate and report to you in accordance with the Act creating this Board, herewith respectfully submit our findings and recommendations. Your sub-committee has been handicappeel in making its investigations by being unable to incur any expenses, since no appropriation for that purpose was provided by the Legislature. In spite of this fact your committee has visited the various sections of the State and discussed the situation with land owners, farmers, timber land owners, orchardists and others. We were astonished at the lack of kno-.Yleclge by many of the tremendous annual destruction as well as the incipient possibilities of our natural forest areas. The information contained in this report is based upon the knowledge of the members of your sub-committee and upon that supplied by the United States Forest Service, The American Forestry Association, the Southern Forestry Congress. the Georgia Forestry Association, Department of the State of Georgia and individuals familiar with forest conditions in tlw State.
R. W. l\IcCALLIE.
B. I-I. S'fO~E.
H. G. SPAHR.

FoREST NEEDS OF GEORGIA.
With the possible exception of North and South Carolina, forest depletion in Georgia appears to have reached

MoNDAY, JuLY 31, 1922.

493

a more advanced stage than in any other State in the South. There are ample evidences, your committe1 finds, clearly indicating that the exhaustion of the fon tst resources of the State has reached a point where it is not only destroying rapidly two of the State's most im~ortant industries, but is imperiling the agricultural and industrial prosperity of the entire common-wealth. The situation is made measurably more serious by the public apathy and ignorance which prevails with respect to the effects of forest depletion, and by the failure of past legislatures to recognize that the destruction of a great natural resource, upon which its industries and its people are dependent in whole or in part, is prejudicial to the public interests of the State. As a result forest depletion in Georgia continues unrestricted and at a rapid and alarming rate.
Your committee desires to point our that the effects of forest exhaustion in Georgia are making themselves felt at an unfortunate period in the progress of the State. The production of cotton, lumber and turpentine have been basic industries from which the prosperity and development of the State have largely sprung. Today, these three industries are suddenly threatened-the cotton industry by the ravages of the boll weevil, the lumber and turpentine industries by the exhaustion of its old growth timber and by the destruction of its second growth forests through fires and other forms of human neglect. The possibilities of economic distress resulting from the simultaneous decline of three of its leading industries are so insidious and far-reaching as to warrant, in the judgment of your committee, prompt and constructive consideration by those to whom the people have entrusted the welfare of the State.

GEORGIA's FoREST WEALTH.
~ext to cotton, our forests have in the past contributed in largest measure to the wealth and prosperity of our

-l-94

,JorRNAL OF THE SENATE,

people. Until within the last few years, our forest industries have supplied employment to a larger number of wage earners than any other manufacturing industry in the State. Ten years ago, they furnished employment to more people than all other industries combined, excluding the manufacture of cotton goods.
Rich in virgin forests of pine and hardwoods, lumbering and turpentining have long been basic industries in the State. Georgian lumber has been used practically throughout the nation while her turpentine and rosin have been in demand by every civilized nation in the world. These two industries-lumbering and naval stores-have drawn to Georgia from all corners of the globe upwards of a billion and a lialf dollars in the last quarter of a century.

Little thought seems to have been given, however, to the fact that these two industries are wholly dependent upon a supply of raw material produced by nature and not renewrd b? man as the original forests were denuded. In consequence, they are today on the decline and are confronted with practical extinction in many sections of the state in the near future, because of the exhaustion of local forest supply.

The abundance of natural growth timber in the State not only stimulated the growth of the lumbering and turpentine industries but it has drawn to Georgia many related wood-using industries. The following table compiled from the 1920 Census, shows the principal woodusing industries of the State directly and wholly dependent upon an accessible supply of raw wood:

MoNDAY, JtrLY 31, 1922.

495

STATISTICS CONCERNI.~G WOODS PRODUCTS ESTABLISH MENTS :tN GEORGIA.

Census af Manufactures, 1919.

INDUSTRY

"0

-:I

1!1
'HI
.... ..::::
..a8 :..a~
::~S

~
~t
n:~a.>."-'

z~

Q.., -

.I
i a
~

-e
a.
0
8li 'O:l!i
>-::~

Boxes, wooden paeki111, except cigar boxes.............. 13
Carriag1111 and wagons, in cludi!ll repairs................ 66
Coffins, burial cases and undertakers' goods......... 7
Cooperage ._........................ 10
Furniture, wood, other
than rattan and willow.. 24 Lumber and timber pro-
ducts .........._................... 1.512 Lumber, planing-mill pro-
ducts, not including plani!ll mills connected with sawmills .................. 131 Shipbuilding, wooden, in eluding boat building,.... 7 Turpentine and Rosiu.......... 441 Wood, turned and carved.. 4
Total ....~................. 2,115

831 852 212 138 1,215 15,921
3,176 1,030 7,971
125 lU.471

$ 1,140,531 1,196.651 653,695 435,153 2,263,084 18.91BJIS1
8,917,601 3,102,121 3,69!1,142
- - - 257.877
841.178,686

$ 2,185,591 3,54fr.IS9 932,252 659,694 3,702,915 26,836,279
14,029,180 3,220,693 10,874,714 354,630
966.340,207

The extent to which these indutries a.re a factOl" in the industrial life of the State is apparent when it is stated that they comprise almost 500 per cent. of the industrial A&tauli&hments of the State, employ 22 per cent. of Geor-
gia's wage earners, represent io per cent. of the capital
invested in manufactures and produce practically 10 per cent. of the manufacturing wealth of the State. They rank :first among the industries of the State in the number of establishments, second in the number of persons tmployed, third in the amom1t of capital invested and

496

JOl.1 RNAL OJ!' THE SENATE,

third in the value of products produced. A direct comparison with other leading industries is given below:

".0,

...:ovs.....c..-Q!.=.e=!'-!,ll
::;S
z;:J

OJ)
as
.~,_t
:.:,::-:-"cs' "~encc-
0.. -

"0
~.">,'
-=
]
u~

0...
..".." 0

"=-"' >-:: -~c:

.

>
:::::

Cotton goods --- 132 Lumber and forest prorlucts..2,115
Oil and cake, cotton seed........ 116
Fertilizers ---------- 144

39,417 31,471
6.607 5,342

$150,191,479 41,178,686 31,647,732 59,482,762

$192,185,896 66,340,207 99,320,307 47,479,842

As will be shown later in this report, the primary forest industries of Georgia are on the decline and the above tabulation is given in order to emphasize the industrial importance of the problem with which the State is confronted. The continued shrinkage of these forest industrirs must inevitably serve to intensify conditions of unemployment, to reduce the earning power of great numbers of our citizens, to curtail local markets for our own products and to 1lecrease tlw inflow of wealth to the State.

THE ExTEXT oF FoREST DEPLETION.
The total area of forest land in Georgia, as given by the U. S. Forest Service, is 20 million acres, of which all has been cut over with the exception of about one million acres. There are some six and a half million acres of cutover land which contain second growth timber of .some merchantable value for lumber, seven and one-half million acres which contain unmerchantable second growth, excepting as cordwood materials, and five million acres of forest land classed as waste because it has been so severely cut and burned that it is producing nothing. The area of totally idle forest land in the State, therefore, is equivalent to almost 40 per cent. of the State's improved farm area.

MoNDAY, JuLY 31, 1922.

497

The foregoing figures show that of the original virgin forests in the State, less than one-twentieth remain and that our people and our wood-using industries are rapidly becoming dependent upon second growth timber or upon lumber imported from other States. Their future independence is however threatened because of the destruction of our second growth timbe'r in many parts of the State by fire and improper methods of turpentining. In short, your committee finds that not only have our original forests been largely destroyed but that under present methods of neglect and public disregard of forest lands, we cannot count, even in a small way, upon our haphazard second growth to meet our needs of the immediate future.

GEORGIA's WooD REQUIREMENTS.
According to figures supplied by the American Forestry Association, Georgia is today consuming approximate!;- 520 million feet of lumber annually, of which 338 million feet are produced within the State and 182 million feet are imported from other parts of the ctmntry as follows:
From: Central States ----------------------- 651,000 feet Southern Pine States ----------------- 152,049,000 '' North Carolina Pine States ----------- 11,708,000 " Lake States ------------------------- 484,000 '' Oregon and Washington _____________ _ 6,129,000 '' California ______ -------------------- _ 10,006,000 ''
Placing a nominal value of $30.00 a thousand on the lumber imported, the people of Georgia are already sendin12: owr five million dollars a year outside the State for lumber. It is significant that 16 million feet of the amount imported came from as far as California, Washington and Oregon, on which the freight alone is from $20.00 to $25.00 a thousand feet. This fact serves to emphasize the growing dependency of the Southern States upon the

.JocHXAL OF THE SENATE,
Pacific Coast timber a~ our Southern pil!e forests become exhausted, and the resultant financial drain upon our citizens in obtaining lumber. Oth<'r sections of the United States, your committee :finds, are paying huge tributes to the West for lumber because their forests have become llepleted. It is inevitable that as our own forests become exhausted, we will have to turn to the \Vest in order to meet our lumber requirement because the last great body of timber in tlw United States is 01i the Pacific Coast.
In this connection, ~our committee desires to quote an extract from an address delivered by .J. G. Peters, of the U. S. Forest Service, before the Georgia Forestry Association at ::\lacon, on June 7. Sp<'aking of Georgia, 1\'Ir. Peters said :
''The number of farms in this State, according to the 1920 census, is about 311,000. It has been estimated that the lumber requirements of the average efficiently run farm for upkeep and improvements is 2,000 board feet yearly. This would mean, therefore, 622,000,000 board feet yearly for this State, which exceeds your present ~,arly consumption of lumber for all putposes and is more than 80 per cent of your present yearly lumber production. Bear in mind that these 622 millions would represent your requirements for the upkeep and improvements of farms alone, and that this estimate is based on the average farm for the entire country. But will Georgia be content merely with the average farm?
''The per capita consumption of Georgia is among the lowest of the States. This is indicated by preliminary computations of lumber consumption lately prepared in the Forest Service. It is far below that of the big agricultural States of the West and is even below that of the small, manufacturing States of New England. It is nearly in a class with the per capita consumption of those European countries where 'Yood is" a luxury.

:MoNDAY, JULY 31, 1922.

49~

''Surely this cannot continue in Georgia where the possibilities for growth and development are unlimited. Some day you will use several times the quantity of lumber you are now using. Are you going to anticipate this and provide for a supply at home, or will you follow the example of the Lake States and permit timber depletion to continue unchecked and then after your supply has dwindled, be forced to bring lumber from the Pacific Coast or perhaps from Siberia?''
The wood requirements of our farms are but one of many needs in maintaining the prosperity of our State. Already our peach growers require 25,000,000 feet annually for boxes in which to market their fruit. Our vegetable growers are likewise depcnd<:>nt upon cheap and accessible lumber for cratrs. Our furniture, carriage, wood turning and cooperage factories are even more directly dependent while almost every industry in the entire State must use wood in onP way or anothPr. Our grPatest and most vital need now and in the future is probably in the building of . homes. Exhaustion of our local forPsts imposes an increased t'Xpense upon our industries and our home builders and tPnds to improverish the State by drawing money f1om the State.
According to the Forest Service, the per capita consumption of lumber in Georgia is 179 feet a year. The awrage for thr nation is 300 feet a year. Regions undergoing rapid agricultural development invariably show the hi;dHst per capita woo<1 consumption. Such a development in Georgia or simply a change from cotton to more diversified farming, your committee brlieves. will demand not less than the anrage per capita of 300 feet, or a total of 870,000,000 feet, which is 100,000,000 in excess of the total lumber production of the State in 1920.
Your committee desires to point that the national deour local and State forest situations. The growing shormand for lumber is a factor of increasing importance in

;)00

Jot:R~AL oF THE SENATE,

tage of timber in the East is naturally stimulating the competition for lumber in the Eastern markets and the tendency of the situation is to in~rease the prices which the lumber mills are able to obtain in these great Eastern markets. Being to their advantage to sell at the best prices obtainable, Georgia mills naturally export their lumber unless they can obtain equally favorable prices locally. The drain upon our local timber is in consequence becoming greater as the general demand for lumber increases and the available supply declines, while at tht' same time the scale of lumber prices is gradually being pushed upward. This situation mere}~- serves to hasten the exhaustion of our remaining forests and to emphasize the neC'd aml wisdom of prompt action to utilize the forestgro\ving power of our denuded forest soils.

_~i.:;,mE~c~: OJ:' FoREST ExHAlJSTlON.
Georgia's Lumber Cut.
One of the most striking evidences of the rapidity with which our forests are disappearing is found in the declining production of lumber in the State. The following figures are taken from the U.S. Census and show the lumber cut in Georgia for the years given:
1899 -------------------1,308,610,000 feet 190-! ____________________1,135,910,000 ..
1909 --------------------1,342,249,000 . ' 1914 ____________________1,026,191,000 ..
1919 -------------------- 893,965,000 '; 1920 -------------------- 761,800,000 .
Since 1909, it will be seen, the production of lumber in Georgia has declined almost 50 per cent. This represents a direct loss in the wealth of the State. The mill value of the 1909 cut at prices then prevailing was approximately $19,000,000 bu.t the same cut today, had it been maintained, would have a mill value of over $32,000,000, or $13,-

::\fo~DAY, .J-uLY 31, 1922.

501

000.000 in rxcess of the val11e of Georgia s present reduced cut.
If the production of lumber in Georgia during the next ten years declines in the same proportion as during the past decade, the people of the State will be forced to import from other regions of the United States a large portion of their lumber requirements and vvill have the added eo:;;t of transportation to meet. The cause of Georgia's declining cut is found in her declining supply of forest reserve. In 1909, the Government estimuted that the State's reserve of pine timber ''"as 32 billion fert while at tlw present time it is placed at only about 2 billion feet. Migrntion uf Sawmills.
The U. S. Census shows that rn 1909 there were 1991 sawmills in Georgia. Figures just issued in the 1920 Census give the number of mills in the State in that year as 694, a loss of 1.:~00 plants, or 66 per cent. of its mills, during onr decade. Dismantled mill plants all(] deserted communities throughout the lumber regions of the State are forbidding reminders of the migration of an industry which, under wise and proper management of our forest lands, should be a permanent and lPa<ling industry in thr State.

Shrinkagl' uf E111ploymeut.
Your committee l:<t,; been greatly surprisetl to find that the exhaustion of our forests is exerting a strong influence upon employment and means of livelihood in the State. In both 1900 and 1910, the U. S. Census shows, that more wage earners in Georgia 'vere employed by the primary forest industries than any other manufacturing industry in the State. In 1910, over 40 per cent. of all thP wage earners in the State were engaged in lumbering or related work. By 1910, the number had dropped to 33 prr cent. and by 1920 to only 18 per cent. Despite the inerease in population in the State during these two de-

- 502

JorRXAt. OF THE SENATE,

cades, the number of persons who found employment m

the forests declined from 38,827 in 1900 to 23,141 in 1920,

or 40 per cent.

DEcLINE OF GEORGIA's ~AVAL SToRES INDUSTRY.
While the shrinkage of our lumber industry has been alarmingly great during the past ten years. the decline of our turpentine and naval stores industry has been even more marked. Men engaged in this industry in the State freely express grave concern as to the future existence of the industry, many believing that it is facing practical extinction in Georgia because of the wanton and destructive attitude maintained towards our young growth timber, upon which the future of the industry necessarily depends.
Exhaustion of Georgia's pine timber is clearly reflected in the waning of our naval stores industry during the past twenty years. The declinr in production during that per-io:l lws l!cen approximately 75 per cent. In 1920. Secretary Merrdith. of the Department of Agriculture, asserted that within six ~nars Georgia, at its then rate of decline, would be reduced to a negligible position in the naval stores industry. :Mr. Thomas Gamble, of the Naval Stores Revie'Y anll a profounll student of the industry believes that at best. "But ten years are before us in which we can hope for Georgia to retain even a third or fourth place among important naval stores States.''

Says Mr. Gamble:
'' l\fen of long experience and intimate knowledge brlieve that while Georgia has still a few seasons of comparatively fair naval stores production before it, there must be, after a matter of perhaps two or three years expansion resulting from tempting higher values for the output, a radical, almost perpendicular, drop in the quantities of timber to be worked and the resulting crops. A

MoNDAY, JuLY 31, 1922.

503

great natural source of wealth is passing away before our eyes; and industry which should bring millions of dollars to the State every season is shrinking to one of minor proportions; a trade that has belted the earth with its cargoes and brought Savannah and Brunswick into contact with every civilized people of the globe, threatens to largely disappear and become almost a reminiscence within the next decade.
''In 1890 of the total production Georgia contributed about 53 per cent. For twelve years, from the season of 1891-92 to the season of 1902-03. oYer 1.300,000 packages of naval stores wpre yearly handled at Savannah alone, or roughly speaking six hundred million pounds a season. The greatest volume of traffic in them at f:lavannah was in 1896-9i, with the phenomenal aggregate of 1.640,000 barrels. Brunswick at. the same time handled 260,000 barrels, a total for the two Georgia ports of 1,900,000 packages, with the enormous ag~regate freight weight of nine hundred million pounds. For the twelve years referred to the average receipts of the two ports, representing almost rntirely Georgia production, "as 1,550,000 barrels.
"Compare this with tlw handlings at the two ports last season of 603,000 banels, some of which came from Florida and Alabama, and we can the more readily appreciate the tremendous falling off in Georgia's importance as a naval stores and lumber State, for the two industries, as we know, go hand in hand. when the production of the United States \Yas at its height Georgia supplied 50 to 60 per cent. Now that the production has decreased from that height by one-third Georgia supplies but 20 to 25 pH e:~nt. of the decreased total.
"~he past ha; its lessons only. What has been done
cann~t be unclc.ne. But what of the future~ Is the prediction of the Federal Government to be fulfilled? Is Georgia by He close of this decade to cease to be a naval stores and lumber State worthy of espec-ial mention? Are

504

Jol:RNAL OF THE SENATE,

Savannah and Brunswick to follow Wilmington and Charleston as ports through which once moved many hundreds of thousands of barrels of naval stores in twelve months but which no longer handle large shipments of turpentine and rosins? These are the pressing questions of the hour. If the answer to them is 'Yes '-and we all feel that it is-then the problem confronting the progressive intelligence of Georgia is how to avoid this direful probability, how to promote and preserve and even expand two great wealth-producing and men-employing industries, and at the samt> time protect the general interests of the State inasmuch as further forest denudation must inevitably affect our farming classes in the effect on rainfall, freshets, erosion an~ other vital conditions."

SorL ERoSION".
Another striking evidence of forest devastation in Georgia is found in the iricreasing destruction of soil by floods. It is a well established fact that forests exert a regulatory influence upon water run-off and thereby protect the soil against floods and the gullying action of surface water. Much of our soil in Georgia is readily subject to erosion and those who travel about the State from year to year cannot fail to observe the increasing, and in many cases the alarming, extent to which our soil is being gullied and washed away, farm property seriously injured and sources of water supply rendered unusable because of the destruction of forest growth on such vast areas of our land.
Dr. S. W. McCallie, State Geologist, has followed this situation for years, visiting from time to time practically evt>ry section of the State. The destruction of wealth, actual and potential, is in his opinion far more serious than is generally appreciated. According to him the effect of deforestation on the filling of water power storage dams in the State is already alarming. So great has become the washing away of our snils that, according to Dr. McCal-

MoNDAY, JuLY 31, 1922.

505

lie all of Georgia's water power storage dams will under present conditions be filled with sediment within the next one hundred years or sooner. The Savannah river is now, it is estimated, carrying to the ocean two and onehalf million tons annually of soil matter.
'The retardation of this enormous wash which fills the storage dams," declares Dr. McCallie, "and thereby lessens the effectiveness of our water power, is one of the strongest arguments for the protection of our forests.''

EcoNoMrc AsPECTs OF THE SITUATION.
Your committee has pointed out in considerable detail incontrovertible evidences of the alarming extent to which forest depletion has advanced in this State. It has sought to indicate some of the effects upon the present and future prosperity of the State, of the decline of a group of industrie:s which rank among the most important in the State: Its dut:r would not be well performed, however, if it did not summarize the far-reaching consequences of continued devastation and neglect of our forests and our forest lands.
(1) As has already been shown, the exhaustion of our forests is rapidly destroying our two basic forest industries-lumbering and turpentining, and thus (a) depriving large numbers of our people of employment which formerly was open to them; (b) depriving the State of the inflow of wealth which follows the exportation of lumber and turpentine ; (c) pauperizing local communities in those sections where these industries are the main means of support; (d) compelling our citizens to send more and more money outside the State in order to obtain their wood requirements; (e) undermining our independence as home builders by making our citizens increasingly dependent upon the uncertainties, high prices and competition of distant lumber markets and (f) destroying in many sections, soil and its productive power, the purity and re-

506

JouRNAL OF THE SENATE,

gularity of our streams, and the actual and potential water power wealth of the State.
(2) Mention should also be made of the vast areas of land which are being rendered non-productive in whole or in part. Already five million acres are virtually idle and the area is being added to year by year while almost fourteen million acres are in a state of haphazard production and yielding a forest growth far short of that possible. Such land, if not now, eventually becomes a burden upon the State. This is clearly proven by the experience of the State of :Michigan, where millions of acres of waste cut-over land have in the past decade, reverted to the State in lieu of taxes, thus depriving counties of needed revenue and thwarting their development, socially, agriculturally and industrially.
_ In the face. of the productive power of our forest lands, as determined b~- competent authorities, our continued neglect and misuse of them appeals to your committee as inexcusable. Mr. Austin Cary, of the United States Forest Service, who for three years has been studying growth conditions in the Southern pine belt, stated recently:

"With timber growing recognized as an economic matter, the question at once arises where timber can be most advantageously grown, what sections are so endowed as to produce it at most profit, and right there is where South Georgia comes in, with very exceptional advantages. Wood for paper making, as has just been indicated, can be grown in a fraction of the time required in regions from which the industry now draws its main supplies, and the same thing would hold of wood that might be required for somewhat similar industries. For the production of saw timber, not indeed of the old heart variety to which the South is accustomed (we shall never see that in large quantities again), but thoroughly serviceable for most purposes, 25 to 60 years may be set as the time required, and yields looked for greater than these had from



}{O:NDAY, JULY 31, 1922.

507

the native timber. Then the forests oi the region possess
this peculiarity, that the most common timber trees yield naval stores in addition to lumber and wood, a very great advantage indeed in respect to value production.
"I have now outlined somewhat more fully, the reasons for the tremendous attraction which the region exerts on a professional forester. My own belief, in fact, is (and that has 30 years experience behind it during which I have worked i~1 every timber region of the U. S. and seen the forests of seYeral European countries), that no region in the world probably has greater natural facilities for producing timber values than the district centering on the Okefenokee Swamp, stretching west from near Savannah some miles north of \Vaycross to Valdosta, the border passing thence south to Liveoak and taking in a large area of irregular shape in the State of Florida. Longleaf, and particularl~r slash pine characterize this region, the latter in my opinion a species which will be recognized in future, for the combination of utility in its products, for its readiness of reproduction and rapidity of growth, as one of the most valuable trees on the earth's surface. The gross area of this region is something like 5,000,000 acres in the State of Georgia."
(3) The prosperity of many industries not directly related to the lumber and turpentine industries are in part dependent upon our forests. The railroads of Georgia, for example, derive from 25 to 50 per cent. of their tonnage from the movement of lumber and forest products and the exhaustion of our local stumpage naturally deprives the railroads of much tonnage needed to. keep them operating on a sounrl and prosperous basis.
The maintenance and development of the fruit and vegetable industry in the State is intimately dependent upon a cheap and accessible supply of box and crate materials, as has already been mentional. Your committee believes that within the next ten years, the competition

508

JouRNAL oP THE SENATE,

for box lumber in the South will be an important if not a serious factor in the marketing of fruit and vegetable crops. The demand for shipping crates in the South is rapidly increasing with the increasing acreage of land coming into bearing. It is estimated, for example, that the present acreage of citrus fruit planted in Florida alone will in ten years require 240,000,000 feet of box lumber annually, (equivalent to the standing timber on 50,000 acres), or almost five times the estimated annual growth of pine saw timber in the whole State;
Georgia's acreage of fruit and vegetables is likewise increasing and with crate demands accumulating on the large scale indicated and the forest supply constantly and rapidly waning, it is inevitable that Georgia growers will sooner or later be forced to import their lumber needs largely from the West coast. In that event, their crates will cost much more than if the lumber were obtained locally. The additional cost will naturally limit the boundaries of the region in which the Georgia grower can market his crops in competition with fruit and vegetables from other regions.
The same economic considerations apply to other industries of the State which must use wood or the products of the forest in the manufacture or marketing of their products. They are aspects of the forest problem which have a fundamental bearing upon the permanent welfare of the State and which in other States where forest depletion is somewhat more advanced than in Georgia, are making themselves felt to an aggravating and menacing degree. As an example, your committee makes reference to the State of New York where during the period 1912 to 1919, a decline of 65 per cent. in the lumber cut of the State \vas accompanied by the disappearance of 35 per cent. of the wood-using industries of the State.
(4) The devastation of our forests, your committee desires to point out, is prejudicial to all those things which

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go to make our citizens contented and proud of their State. It is destructive of game and wild life, of recreational freedom in the country and of the development of regions especially suitable for game and recreational preserves. Barren and unsightly cut-over lands yield little rev~nue for the building or support of good roads, neither do they draw tourists from other States.

DESTRUCTIVE AGE:KCIES.
Lnmbering.
Your committee recognizes that lumbering is a proper and legitimate industry and when properly conducted should be fostered and encouraged. Lumbering as carried on in this State in the past and at the present time, however, is often destructive to forest perpetuation. Vast areas have been cut so clean of all timber that natural reforestation has been precluded. If cutting were conducted with the conscious intention of leaving a few seed trees on each acre and of doing as little damage as possible to th!OJ young growth on the land, natural reforestation would be obtained on a much more extensive scale. As indicative of the. methods of cutting advocated by the U. S. Forest Service, there is appended to this report Exhibits A and Exhibits B.
Foipst Fires.
The worst enemy to the regeneration of our cut-over forest is, in the judgement of your committee, unrestricted and un-regulated forest fires. Due to a belief of long standing that the burning of the woods improves the forage and to the almost complete absence of any public sentiment against forest fires, thousands of acres of forest land are swept by flames every year, young forest growth being destroyed or stunted and the fertility of the soil impoverished.

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In this State in the fivp years from 1916 to 1920, inclusive, there were reported to the Forest Service 20,000 forest fires, more than double the number reported in any other State. Ninety per cent. of these fires resulted from carelPssness or from design; 10 per cent. from lightning, the only agency that cannot be controlled. Twenty-five per cent. were of incendiary origin, 23 per cent. from causes unknown, 17 per cent. from brush burning, and the remainder were caused chiefly by campers, lumbering, and railroads.
These fires burned over more than 5,000,000 acres, or one-fourth of the State's forest land area, and caused a money loss to timber and improvements alone of $4,250,000. Thest' figures are conservative; they are incomplete, because of the difficulty of securing statistics of this character where no protective organization exists in the State which could collect them. If to these direct losses are added the losses which cannot very well be measured in dollars and cents, such for example as the destruction of small trees, the killing of game, the drying up of fishing streams, the burning up of soil fertility, the removing of the ground cover from mountain lands, which makes it possible for erosion to follow and silt to be deposited in the river channels, and the rendering and keeping idle an area estimated to be 5,000,000 acres of forest land in this State, it is readily apparent that the total damage reaches a staggering figure.
In speaking of the forest fire situation in Georgia, Mr. J. G. Peters of the U. S. Forest Service recently asserted:
'Obviously the thing to do, the thing 'Yhich a number of other States have done, is to put a stop to the practice of promiscuous and broadcast burning of the woods. Some people say that it cannot be done, that it is a part of the very life of the people, is in fact regarded by many as an inalienable right, and that it is inevitable. But it can be done, because it is already being done. I would hate to

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think that the situation in Georgia is any worse than it used to be in East Texas and in Louisiana. Yet a big dent is being made in the progress of stopping forest fires in thOS(' States. r.~et Georgia take its cue not only from these two States, but as well from North Carolina, Tennessee, Virginia, 'Vest Virginia, Maryland and others, from the no less than 27 States all told which have seen the practical value of stamping out the forest fire menace. All of these have recognized their responsibility to aid in providing timber supplies for their citizens for all time.''

TcRPENTINING.
No one who travels through the cut-over pine districts of South Georgia can fail to be impressed with the abundance of young growing timber which has followed the cutting of the original forests. l\Iuch of this young timber, which should be the source of our future supply of lumber and .turpentine, is however being destroyed or rendertd worthless by destructive methods of turpentining employed by some operators. Not only are trees too small to withstand the check of th(' process being utilized but the larger sized trees are in Yery many instances hacked so heavily as to destroy their vitality and life with in a few years. From the standpoint of perpetuating our pine forests and of providing a future supply of pine stumpage, your committee believes this situation to be an especially serious and menacing one. It is of the belief that turpentining, if properly done, is not antagonistic to the growing of timber crops; that, in fact, turpentining is a legitimate by-product operation, but it does not believe that our future supply of timber and turpentine should be menaced and curtailed by unrestricted and destructive methods.
Statement by Fonner Forester of the United States.
''Your committee, in discussing with the Hon. Henry S. Graves, Ex-l<'orester of the United States, the Forestry

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situation in Georgia, desires to call your attention to the following very pertinent statements made by him.
''The prosperity of Georgia will depend in a large part upon the way she handles her natural resources. Heretofore the forest resources in comparison to population have been so vast that the effect of wastefulness has not been felt.
''The depletion of the forests of the East is greatly increasing the net drain upon Georgia's forests for the national market. The time has already arrived when Georgia can no longer look upon her forests as a reserve of raw material for the general market. She must consider her own present and future needs. She must consider how her forests can supply the requirements of her growing population, build the new dwellings and farm improvements that will be needed, and supply the raw material for permanent forest industries.
'Georgia will soon cease to be a factor in supplying the nation s needs for lumber. Already four-fifths of the virgin forest is gone. Her annual production of lumber and turpentine is steadily declining, and this decline is not being adequately replaced by other development where the forest is being used up.
"Georgia s problem is now. to determine how the forests that remain can be made to serve in building up the State on a permanent basis. This means prevention of further wasteful dissipation of this resource and the substitution of constructive methods of forest utilization and forest perpetuation for the present practices of devastation by axe and fire.
"It is difficult for me to see how a prosperous Georgia can do with less than 750 million feet of lumber for her own uses ; and if any future development in keeping with the possibilities of this great State can materialize, she will need more.

MoNDAY, JuLY 31, 1922.
'Georgia has some excellent hardwood forests in the mountains and also in the bottom lands of the lower country. These hardwood forests furnish the basis for many small wood-using industries. Such industries may be made permanent if the forests are properly conserved and utilized. Think what it means to a farming community in the mountains to have a local furniture factory, to have a market for any mature logs a man may have on his land, to have an opportunity each year to labor in the woods in slack times, to have a local market for crops, to have the industrial vitality that comes from the presence of a manufacturing concern.
;Is it necessary to depict the community where the forest has been destroyed, the local sawmills and woodusing factories have closed, where the support of these industries in keeping up the roads, churches, and schools has been lost, where a large part of the land is no longer capable of yielding taxes and lies waste and a burden rather than an asset to the community1
'Such a picture applies in every region where the land is in part unadapted to cultivation and there are not many parts of the State where every acre can profitably be used for cultivation.
The old idea still prevails that the forest is a temporary crop to be removed for settlement. Of course this is true where the land is needed for agriculture. But our lumbermen have seemed to proceed on the idea that they can strip off all the forest over thousands of acres, and may then invite settlers to come upon the lands to establish homes. After the first lumbering comes the cutting for ties and poles and in the South the small trees are now being used up in a few years by destructive methods of turpentining. Forest fires are not only allowed to burn but are set out to keep the ground clear; and this is preventing an adequate growth of pine.
Sig. 17-Senate

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.J Ol'IU\AL OF THE SE~ATJ<~,

''The secontl growth pine in a region, the presence of young trees that now or soon can produce turpentine, the opportunities to secure an ample supply of fuel and pole wood for farm purposes are attractions to a settler. The widespread devastation of our coastal plain lands will be the greatest factor in preventing settlement. People will not come to a treeless Georgia.
''The question of the right handling of the forests is intimately tied in with the possible development of the Stat~'. Tt i>: not a problem of providing for future generations. It is one of insuring the new settlers with raw materials now, a question of having in different parts of the State timber and wood to aid in the establishment and maintenance of local wood-using industries, a question of improving the standards of convenience and comfort of the home rather than lowering it, a problem of making an attractive region for new comers in country and town.
' 1 Georgia must face her problem frankly. It doesn't do to say she has unexhaustible forest resources, for she hasn't. She must recognize that a large part of the forest is burned ovel' eYety year and that steadily this is reducing her forest capital by injuring standing timber and r,~. tarding or completely preventing regrowth. Destructive dissipation of natural resources and progressive State development can not go hand in hand. lf the first continues the second will not take place. It is not a difficult thing to prevent forest devastation by fire and otherwise, if the people want forests. But forests cannot be protected and perpetuated unless the people all help to prevent fire and support the public agencies that will point the way to a better handling of them.''

GEORGIA's EssENTIAL XEEDS.
Although the virgin or original old growth of our State will soon be at an end, the State is still rich in possessing within its boundaries vast areas of forest land

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whieh is not suitable or needed for agricultural use. This land is naturally adapted to the rapid growing of forests. \Ve have soil of wonderful forest productivity; we are blessed with long growing seasons and with native species which will produce merchantable crops in from 25 to 50 years and they yield a great variety of products of world value. We are fortunate in having such conditions as make the management of our forest lands comparatively simple if we but exercise that simple management, which your committee belieYes, embodies the first steps in solving our forest problem. They may be summarized as follows:
(1) The control and regulation of forest fires and the development of a public sentiment which recognizes the menace of forest fires and will co-operate in stamping them out.
(2) The stopping of the destruction of young pine timber by improper and ruthless methods of turpentiniu)!. Your committee believes the naYal stores industry will readily co-operate in placing fair and reasonable restrictions upon operators.
(3) The general education of the people of the State to the Yalue of our forests and our forest lands, their place and importance in our economic lives. and our dependency upon their products, to the end that there may be tleveloped a sane and enlightened public attitude with respect to our forest situation and its urgency as a public problem.

RECOMMENDATIONS.
Your committee believes that the foregoing needs can be met only by the State assuming the responsibility o~ leadership in the forestry work of the State. This conclusion is based upon the experience of other States where no advancement in forestry was obtainable until the

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States themselves recognized their responsibilities and created forest departments authorized by law to protect their forests and to promote forest management throughout the State. Today, thirty-four States of the Union have forest departments and are appropriating a total of $4,000,000 annually for forest work. Twenty States are acquiring State forests, a total of almost 6,000,000 acres having been acquired to date.
In conclusion your committee respectfully wishes to submit the following- reeommendations for your carpful consideration and action :

1. 'fhe establishment by action of the General Assembly of Georgia of an independent forestry organization to be supervised by and subject only to the State Board of Forestry.

2. The g1vmg of the necessary police powers to the personnel of this organization to afford the proper means of enforcing all forestry laws in Georgia.
3. The financing of this organization and the work of the Board through a special forestry fund to be derived either by a severance tax similar to that now in effect in Louisiana or by occupational tax drawn along the line of that in Florida. Copies of the two acts referred to are attached and are marked Exhibits C and D.
4. The exclusive use of such funds to be under the direct jurisdiction of the Georgia State Board of Forestry and used for the protection and reproduction of onr natural forest area.
5. That special technical investigations and studies be carried on by the forestry organization for the advancement of adequate forestry policies in the State.
6. That advantage be taken of the co-operation offered by the Federal Government for fire prevention in the

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same way that Federal Aid is supplied for highway construction.

7. That the attached copies of proposed bills which your committee has drawn to meet the requirements of a forestry policy in Georgia be given the endorsement of the Board and submitted with the report of this Board to the General Assembly for action.

Respectfully submitted, S. W. McCALLIE, B. H. STONE, H. G. SPAHR.

A BILL to be
ENTITLED, An Act to promote Forestry interests in the State of Georgia under the direction of the Georgia State Board of Forestry; to increase the powers and duties of such Board and to more fully define them; to provide for a State Forester, the manner of his appointment and to prescribe his qualifications, powers and duties ; to provide for a system of Forestry protection, management and replacement, and for its maintenance; to provide a State Forestry fund; to provide for State Forests and for other purposes.
SECTION 1. Be it enaLted by the General Assembly of the State of Georgia, am it is hereby enacted by the authority of the same, That the object of this Act is to bring about, so far as may be, the production of timber on all forested and cut-over land in State or private ownership not now required for other uses than the growth of timber, in order to insure an adequate and continuous supply of forest products for the use and necessities of the citizens and industries of the State.

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SEC. 2. Be it further enacted by the authority aforesaid, That the short title of this Act shall be "The Forest Act.''
SEC. 3. Be it further enacted by the authority aforesaid, That the terms of office of the four citizen members of the Georgia State Board of Forestry created by the Act of the Legislature approved August 15, 1921, and found in Georgia Laws 1921, page 192, shall expire on the first day of September, 1923, 1924, 1925, and 1926, respectively, the term of each to be designated by the Governor; and their successors shall be appointed by the Governor for terms of four years, beginning on the day next following the last day of the expired term, except that any person chosen to fill an. unexpired term shall be appointed only for the unexpired term of the member whom he shall succeed. So far as practicable all such appointees shall be selected with reference to their knowledge of and interest in the production and use of forest products in the industries of the State.
SEC. 4. Be it further enacted by the authority aforesaid, That the State Board of Forestry hereinafter called the Board shall meet annually at some regular time to be determined upon by the Board and on call of the President at such other times as occassion may require. The members of the Board shall receive no cempensation for their services as such, but they shall be reimbursPd for their reasonable expenses while in the performance of their duties.
DuTI~o~s AND PowERS OF THE BoARD.
SEC. 5. Be it further enacted by the authority aforesaid, That the duties and powers of the Board shall be:
(1) Perso~l (a) Sta.'te Ftorester.-To appoint a State Forester who shall have been technically trained in the profession of forestry and in addition shall have had at least two years experience in the practical and adminis-

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519

trative work of that profession, the exact extent and character of which shall be certified by the Secretary of the United States Department of Agriculture, to demote or remove such State Forester only for just cause, due public hearing and record of the proceedings being made by the Board; to pay him such salary and allow him such office and other expenses incidental to the performance of his official duties as the Board in its discretion deems nect'ssary; to require the State Forester to devote his whole time to the duties of his office and to attend all meetings of the Board and to charge him, under full authority of law, with the immediate direction and control (subject only to tl1e superYision and approval of the Board) of all matters relating to forestry as authorir.ed by this Act or as may be otherwise authorized by law.

(b) Subordinate Personnel.-To appoint as occasion may require, remove for cause, define the qualifications and duties, assign them titles, and fix the compensation of such technical forestry assistants and other subordi. nate employees as may be necessary and designate those who shall have, and they are hereby given, police powers in and concerning all matters relating to or connected with the State Forests, lwreinafter provided for, and the enforcement of any and all other provisions mentioned in or coming within the scope and purpose of this Act.

(2) Forest Fires.-To take such action and provide and maintain such organized means as possible and as may seem necessary to prevent, control, and extinguish forest fires including the enforcement of any and all laws pertaining to the protection of forests and woodlands.
(3) Forestation.-(a) To encourage forest and tree plantiug for the production of a wood crop, for the protection of water supply, for windbreak and shade or for any other beneficial purpose contributing to the general welfare, public hygiene and comfort of the people.

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(b) To grow, collect, purchase, or import for such purposes such necessary trees, plants and shrubs and their seeds, cuttings, or other means by which they may be propagated, and to dispose of the planting materials so grown, collected, purchased, or imported, under such contracts, terms, and conditions, as in the judgment of the Board, may be to the public interest under this Act.

(4) Technical Investigations and Studies.-To cause to be made such technical investigations and studies concerning forest conditions, the propagation, care, and protection of forest and shade trees, the care and management of forests, their growth, yield, and the products and byproducts thereof, and the industries incidental thereto, and any other competent subject, including forest taxation, bearing on the timber supply and needs of the State which the Board in its discretion may deem proper.
(5) Co-operation and Assistance.-To assist and cooperate with, under such terms as in the jujdgemeut of the Board will best serve the public interests, any Federal or State Department or institution, county, town, corporation, or individual in the preparation and execution of plans for the protection, management, replacement, or extention of the forest, woodland and roadside or other ornamental tree growth in the State.
(6) Education a.nd Publica.tion.-To encourage public interest in the forests and forestry, by means of correspondence, the public press, periodicals, and moving pictures, the publication of bulletins and leaflets for general distribution, and delivery of lectures.
(7) Care and Management of State Forests.-To have the general care, custody, control, and regulation of all lands set apart or acquired for State Forest purposes, to devise ways and means by which State Forests shall be made so far as possible self-supporting; and to that end the Board may, and hereby is authorized, under such

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521

rules and regulations as it shall prescribe, to dispose of by sale, licence, permits, or any other appropriate means, any timber or other products, and to lease, or otherwise grant under limited permit and subject to its supervision and a reasonable charge, the occupancy and use of any land, water, or other resource of the State Forests not inconsistent with the purposes for which said Forests are established.

(8) Rules and Regula.tions.-To.make rules and regulations for carrying out the provisions specifically mentioned in this or any other Act which the Board may be given authority to enforce. All rules and regulations so made when incorporated in the records of the Board and public notice given of that fact shall have the force and effect of law after the expiration of 60 days, unless it can be shown that an emergency exists by which the public interest is seriously endangered when the specific rule or regulation involved shall by public notice be made immediately effective : Provided. That any court of competent jurisdiction may suspend the operation of any order or regulation for such time, not to exceed 60 days, as may be necessary to grant a public hearing or hearings to any person or persons aggrieved thereby.

(9) Supervision of Expenditures.-To control the expenditures of any and all funds appropriated or otherwise made available for the several purposes set forth in this Act, and under suitable regulations and restrictions to specifically authori:~;e any officer or employee of the Board to incur necessary and stipulated expenses in connection with the work upon which such person may be engaged.

(10) Biennial Report.-To submit biennially to the Legislature a report of the expenditures, proceedings, and results achieved, together with such other matters including recommendations concerning legislation as are germane to the aims and purposes of this Act.

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JouRNAL OF THE SENATE,

SEC. 6. Be it further enacted by the authority aforesaid, That the Board is hereby authorized and empowered, from time to time, to set apart and reserve as State Forests any lands acquired under Section 7 for the purpose of timber production, game and wild life protection, securing favorable conditions of waterflow, recreational and ISUCh other uses as the Board deems proper, and as areas upon which forestry may be demonstrated as a means of preYenting the waste of the poorer grade soils through idleness and erosion by utilizing them for the production of timber and other forest products.

SEC. 7. Be it further enacted by the authority aforesaid, That lands necessary for the purposes outlined in the preceding section, including any which may already belong to the State not otherwise devoted to some public purpose may be acquired by the Board for State Forests, the title to vest in the name of the State, their acquisition by the Board, which hereby is authorized, to be by gift, or by purehase approved by an Act of the Legislature. No title or interest in any of the said lands, held as State Forests under this Act shall be subject to be taken by any body-corporate, whether municipal or a private corporation, or any person whatsoevet possessing the power of eminent domain by condemnation proceedings against the Board or the State: Provided. That the Regulations of the Board shall p1oyide under suitable conditions for the issuance of easements for rights of way and other uses of the land which are desirable for the public welfare.

SEC. 8. Be it further enacted by the authority aforesaid, That all moneys derived from the license tax imposed on the business of severing forest pro1lucts, together with all moneys derived from the sale of timber or other p!'Oducts from the State Forests, and all moneys dPriV('d from penalties, minus the cost of prosecution imposed for the violation of this Act, shall be covered into the State

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Treasury and placed to the credit of a special fund to be known as the Forestry Fund, which fund is hereby appropriated and made available for expenditure as the Board may direct in carrying out the purposes of this Act.
SEC. 9. Be it further enacted by the authority aforesaid, 'fhat until sufficient moneys are derived from the sources named for the Forestry Fund as provided by this Act, a sum not to exceed ten thousand dollars ($10,000) is hereby authorized to be placed to the credit of the Forestry Fund from moneys not otherwise expended in the State Treasury in order that the Board may begin its administrative work without delay: Provided. That any part of said sum that may be expended by the Board will be refunded in the State Treasury from the Forestry Fund when moneys are available from the other sources named in this Act.
SEC. 10. Be it further enacted by the authority aforesaid, That it shall be unlawful to do any of the following acts, to wit :

(1) To drop within or near forest lands any lighted match, cigar, ci~arette or pipe tobacco without completely extinguishing the same.
(2) To leave camp or other fires unextinguished and unattended in or near forest lands.
(3) To negligently allow fires in or near forest land to escape and damage the property of another.
Any person, firm or corporation violating any of the
provisions of this Section or who violates any of the rules and regulations made by the Board under the provisions of Section 5, Sub-Section 8 of this Act, or who violates any of the Forestry Fire Laws in the Georgia Code of 1910, shall be guilty of a misdemeanor and on conviction shall be punished under the provision of Section 1065 of the Penal Code of 1910.

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SEC. 11. Be it further enacted by the authority aforesaid, That this act shall take effect immediately upon its passage and its approval by the Governor. If any clause, sentence, paragraph, or part of this Act shall be adjudged or decreed by any court of competent jurisdiction to be invalid, such judgment or decree shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operations to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment or decree shall have been rendered.
SEC. 12. Be it further enacterl by the authority aforesaid, 'fhat all laws and parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed.

EXHIBIT C. ACT No. 31. House Bill No. 223, Substitute for House Bill No. 119.

AN ACT.
To carry into effect Al'ticle 229 of the Constitution of 1898 as amended at the election in November, 1910, and as repeated in the Constitution of 1913, by levying a licrnse tax upon all persons, firms, corporations, or associations of persons engaged in the business of severing natural resources from the soil or water; including all forms of timber, turpentine and other forest products; minerals, such as oil, gas, sulphur, salt, coal and ores; also marble, stone, gravel, sand, shells and other natural deposits; and prescribing the method of collecting and enforcing the payment of such license tax ; requiring all those engaged in the severance of, and dealing in, such natural resources to make such reports of their business as may be necessary for the proper enforcement. of this act; to provide penalties; and to repeal certain laws and all laws in conflict herewith.

.MONDAY, .JULY 31, 1922.
SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That there is hereby levied a license tax for the year 1920 and for each subsequent year upon each person, firm. corporation or association of persons engaged in the business of serving natural resources from the soil or water; including all forms of timber, turpentine and other forest products; minerals, such as oil, gas, sulphur, salt, coal and ores; also marble, stone, gravel, sand, shells and other natural deposits. Said license taxes shall be collected quarterly by the tax collectors as hereinafter set forth and paid into a special fund which is hereby created to be known as the SeYerance License Tax Fund of the State of Louisiana. The license to operate in each quarter shall be based on the market value of the quantity severed in the last preceding quarter-annual period.
SEC. 2. Be it further enacted, etc., That every such person, firm, corporation or association of persons engaged within the State in the business of severing any or all such natural resources from the soil or water shall, within thirty (30) days after the expiration of each quarter-annual period expiring, respectively, on the last day of June. September, December, and March of each year, file with the Supervisor of Public Accounts a statement under oath, on forms prescribed by him, of the business conducted by such persons, firm, corporation or association of persons during the last preceding quarter-annual period, showing the kind of natural resources so severed or produced, the gross quantity and actual cash value thereof, and such other reasonable and necessary information pertaining thereto as the Supervisor of Public Accounts may require for the proper enforcement of the provisions of this act. There shall also be shown on such quarterly reports the location of each such natural resource and the place or places where produced or severed from the soil or water. At the time of rendering such quarter-annual report each such person, firm, corporation or association

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J OCH);AL OF THE SENATE,

of persons shall concunently file a (tuplicate thereof with, and pay to, the tax collector of the parish where said natural resource is taken or severed from the soil or water a license tax equal to two pt>r centum (2%) of the gross value of the total production thereof during the preceding three months; and the value of all such products shall be computed as of the time whe11, and at the place where, each such product or natural resource is severed or taken from soil or water. !<'or the purpose of this act the market value of all such products or natural resources shall be computed in their unmanufactured state immediately after severance from the soil or water.
'l'he making of said reports, and the payment of said license taxes, shall be by those actually engaged in the operation of severing, wheth.er it be the owner of the soil, or a lessep who is severing from the soil of another, or the owner of any such natural resources severing from the soil of another.
SEC. 3. Be it further enactt>d etc., That the :::lupervisor of Public Acc<>lllltH shall haYe the power to rl'quire any such person, firm, corporation or association of persons engaged in severing all such natural products from the soil or m1ter to furnish any additional information by him deemed to be necessary for the purpose of computing the amount of said license tax ; and for said purpose to examine the books, records, and files of such person, firm, corporation or association of persons; and to that end shall have power to examine witnesses, and if any !-nich witness shall fail or refuse to appear at the request of the Supervisor of Public Accounts, or refuse access to books, records and files, said Supervisor of Public Accounts shall certify the facts and the name of the witness so failing and refusing to appear, or refusing access to books and papers, to the District Court of the State having jurisdiction of the party ; and said court shall thereupon issue a summons to the said party to appear

MoNDAY, JULY 31, 1922.'

521

before the said Supervisor or his assistant, at a place designated within the jurisdiction of the court, on a day fixed, to be continued as occasion may require, and give such evidence, and open for inspection such books and papers, as may be required, for the purpose of ascertaining whether or not any return so made is the true and correct return as herein required; and whenever it shall appear to the Supervisor that any such person, firm, corporation or association of persons engaged in severing such natural products from the soil or water has unlawfully made an untrue or incorrect return, as herein prov!ded, said .Supervisor shall correct the return and shall compute said license tax on same, and certify the same to the tax collector for collection.
SEC. 4. Be it further enacted, etc., That the license tax provided by this act shall become delinquent after tlw date fixed for each quarter-annual report to be filed in the office of the Supervisor of Public Accounts, and f1om such time shall, as a penalty for such delinquency, be subject to similar penalties to those provided in the general license Ja"s of this State; and the payment of the license tax leYied by this act shall be in addition to, and shall not affect the liability of the parties so taxed for, the payment of all state, parochial, municipal, district and special taxfs npon their rral rstate and other corporeal prop~rty; but no other tax in addition hereto shall be imposed upon the rights to produce in this State those things whose production is subject to a license tax by the proYisions of this act.
SEC. ;J, Be it furthrr enacted, rtc., That if any persou, firm, corporation or association of persons shall fail to make a report of the gross production and value of its natural products (upon which the license tax is herein levied) within the time prescribed by law for such report, it shall be the duty of the Supervisor of Public Accounts to examine the booliS, records, and files of any

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,JouRNAL OF THE SENATE,

such person, firm, corporation or association of persons to ascertain the amount and value of such production and to compute the tax thereon as provided herein, and accorrung to the procedure hereinbefore provided, where witnesses refuse to testify, or access to books and papers is refused, and shall add thereto the cost of such examination, together with any penalties accruing thereon.
SEC. 6. Be it further enacted, etc., That when any license tax provided for in this act shall become delinquent, the Supervisor of Public Accounts shall issue an order directed to the Sheriff of any parish wherein the same or any part thereof accrued, and the sheriff to whom said order shall be directed shall proceed against the property, assets, and effects of the person, firm, corporation or association of persons against whom said license tax is assessed in the same manner as he is authorized by the general license laws to proceed in the collection of delinquent licenses, collecting penalties as prescribed by general laws.
SEC. 7. Be it further enacted, etc., That any person who shall intentionally make any false oath to any report required by the provisions of this act shall be deemed guilty of perjury and shall be subject to all penalties prescribed for said crime.
SEC. 8. Be it further enacted, etc., That it is hereby made the duty of the Supervisor of Public Accounts to supervise and enforce the collection of all license taxes that may be due under the provisions of this act; and, to that end, the said Supervisor is hereby vested with all of the power and authority conferred by this act.
SEC. 9. Be it further enacted, etc., That it is hereby made the duty of all purchasers and others dealing in any natural product severed from the soil or water of Louisiana to file quarterly with the said Supervisor of Public Accounts a statement, under oath, showing the

MoNDAY, JULY 31, 1922.

529

names and addl'esses of all persons, firms, corporations or associations of persons from whom each said purch3ser or dealer has purchased any natural product severed from .the soil or water of Louisiana during said quarter; together with the total quantity of, and gross value paid for, each such natural product. Said reports shall be filed within thirty (30) days after the expiration of each quarter, and shall be made on such forms as may be prescribed by said Supervisor of Public Accounts. The failure of any person, firm, corporation or association of persons to makr reports as herein provided shall be punished by fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each such offense.
SEC. 10. Be it further enacted, etc., That Act No. 296 of 1914 and all laws or parts of laws in conflict with the provisions of the present Act, and especially Act No. 20 of the Extra Session of 1918, be and the same are hereby repealed; provided, however, that nothing contained in this act shall in any wise be construed to impair, or deprive the State of whatever rights it may have against parties subject to a license tax under said Act No. 20 of the Extra Session of 1918 and other laws; and all rights, interests and titles of the State to any license taxes that may be legally dur under said Act No. 20 of the ExtraSessiou of 1918 and other laws are hereby specially reserved, whether the same be in litigation or not; it being the true intent and purpose of the present act that said Act No. 20 of the Extra Session of 1918 and other laws shall remain in full force and effPct until such license taxes shall become due under this present act; and no obligation that may be due the State for license taxes under said Act No. 20 of the Extra Session of 1918, and other laws prior to the date when this present act shall go into effect shall in any manner be impaired; provided further that all funds collected under this act and said prior tax laws shall be turned into the Severance License Tax Fund of the State of Lousiana.

530

J OCRXAL OF THE SEN ATE,

SEC. 11. Be it further enacted, etc., That this act shall take effect from and after July 1, 1920; and the first quarterly report thereunder, and license tax payable on the value of the production shown thereby. shall be computed on the operations of the preceding three months ending June 30, 1920.
SEC. 12. Be it further enacted, etc., That if any clause, sentence, paragraph, or part of this act, shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this act; but shall be confined in its operation to the clause, sentence, paragraph, or any part thereof, directly inYolved in the controversy in ''"hich such judgment has been rendered.
EXHIBIT D.
HEV1SED ({K~\ERAL STATUTES O:B~ F'LOlUDA, l~l20 ( YOL. 1.) CH~~PTER II. OF TJTLE VI.
Occupational Ta.ces and Licenses Involving Forest Products.
A large and inclusive list of business and occupations an required to pay an occupational tax or license, exCl'pt fanners and growers producing and offering for sale farm and grove products and products manufactured therefrom by them other than intoxicating liquors, wine or beer; the county tax being placed at 50 per cent. of the state tax, and municipalities being allowed to levy up to 50 per cent thereof. Among the said businesses and occupations are those mentioned in the sections below, inYOIYing forest products. (See st>ctions 803. 804, 805, m \'ol. I of said code; and section 995, shown below).
FOREST PRODUCTS.
Primary Operations.
SEC. 885. Distillers and manufacturers of spirits of turpentine and rosin.-Distillers and manufacturers of

MoNDAY, JULY 31, 1~22.

531

spirits of turpentine and rosin: Owners or managers of each still in operation during any portion of the year for which the same is taxed, shall pay a license tax as follows:

On each still with a capacity of sixteen barrels or less, shall pay a license tax of twenty dollars.
On each still with a capacity of over sixteen barrels and not more than twenty barrels, shall pay a license tax of thirty-five dollars.
On each still with a capacity of more than twenty barrels and not over twenty-five barrels, shall pay a license tax of forty-five dollars.
On each still with a capacity of twenty-five barrels or over, shall pay a license of sixty-five dollars.
SEC. 791. Retort plants (Wood distillation plants).Retort plants with a capacity of twenty-five barrels, shall pay a license tax of twenty-five dollars; less than twentyfive and more than fifteen barrels, fifteen dollars; less than fifteen barrels and more than ten, ten dollars.
SEC. 979. Saw mills, planing mills, dry kilns.-Saw mills, including planing mills and dry kilns, shall pay a license tax as follows :
With a daily capacity of ten thousand feet or less, shall pay a license tax of ten dollars: Provided, That saw mills cutting less than three thousand feet per day shall pay no license.

With a daily capacity of more than ten thousand feet and less than twenty-five thousand feet, shall pay a license tax of twenty-five dollars.
With a daily capacity of twenty:five thousand feet and less than fifty thousand feet, shaU pay a license tax of fifty dollars.

532

JouRNAL OF THE SENATE,

With a daily capacity of more than fifty thousand feet, shall pay a license tax of one hundred dollars.
SEC. 980. Shingle mills.-Shingle mills, whether connected with a saw mill or not, shall pay a license tax as follows:
With a daily capacity of twenty-five thousand shingles or more, shall pay a license tax of twenty-five dollars.
With a daily capacity of less than twenty-five thousand shingles, shall pay a license tax of ten dollars.

Seconda1y Operations.
SEC. t!67. Carriage or wagon factories.-Carriage or wagon factories, owners or managers of, shall pay a license tax of five dollars.
SEC. 893. Furniture dealers.-Furniture, dealers in, with a capital of seventy-five thousand dollars or more, shall pay a license tax of fifty dollars; with a capital less than seventy-five thousand and not less than fifty thousand dollars, shall pay a license tax of thirty-five dollars.
\Vith a capital less than fifty thousand and not less than twenty-five thousand dollars, shall pay a license tax of twenty dollars, and with a capital less than twenty-five thousand dollars, shall pay a license tax of ten dollars. Provided, that this does not apply to persons paying a merchant's license.
SEC. 920. Lumber dealers.-Lumber dealers, carrying a stock on hand and sellng at retail, shall pay a license tax of fifteen dollars.
Buying or selling on commission or exporting, shall pay a license tax of twenty-five dollars.
SEC. 923. Manufacturers, etc.-Manufacturers of barrels, tubs and buckets, by machinery, shall pay a license tax of twenty-five dollars.

MoNDAY, JULY 31, 1922.

53il

Manufacturers of turpentint barrels, shall pay a license tax of twenty-fise dollars for each factory.
Manufacturers of vegetable crates or fruit crates shall pay a license tax of fifteen dollars.
Manufacturers of sash, doors and blinds, shall pay a license tax of ten dollars.
Manufacturers of furniture, shall pay a license tax of ten dollars.
lVIanufacture of pencils or cedar slats employing twenty-five hands or more, shall pay a license tax of twenty-five dollars; employing less than twenty-five hands, shall pay a license tax of ten dollars.
SEC. 937. Naval stores factors, etc.-Naval stores factors, or persons, firms or corporations organized for the purpose of handling naval stores, shall pay a license tax as follows:
Having a capital stock of two million dollars or over, pay a license tax of five hundred dollars for each place of business.

Having a capital stock of one million and less than two million dollars, shall pay a license tax of two hundred and fifty dollars for each place of business.
Having a capital stock of less than one million dollars and more than five hundred thousand dollars, one hundred and fifty dollars for each place of business.
Having a capital stock of five hundred thousand dollars and more than two hundred and fifty thousand dollars, one hundred dollars for each place of business.
Having a capital st~..~k of two hundred and fifty thousand dollars and more than one hundred thousand dollars fifty dollars for each place of business.

534

JOURNAL OF THE SENATE,

Having a capital stock of one hundred thousand dollars or less, twenty-five dollars for each place of business.

SEC. 958. Planing mills.-Planing mills and novelty works, not connected with saw mills, shall pay a license tax of ten dollars.

SEC. 991. Wagon factories.-Wagon factories shall pay a license tax of ten dollars.

ExEMPTION.
SEC. 996. Farm and grove products exempt from license tax.-That all farm and grove products, and products manufactured therefrom, except intoxicating liquors, wine or beer, shall be exempt from all forms of license tax, State, county and municipal, when the same is being offered for sale or sold by the farmer or grower producing the said products.
.Jfr. Thomas moved that the Senate take a recess at 11 :30 o'clock to 12 o'clock for the purpose of a meeting of the Committee on Rules, and the motion prevailed.
The following bills were rearl the third time and put upon their passage:
B~' Mr. Hening of Schley-
House Bill No. 64-7. .A bill to amend Act fixing amount of fees of Clerk of Superior Courts in certain counties.
The report of the committee, which was favorable
to the passage of the bill, wa~ agreed to-

MoNDAY, JULY 31, 1922.

535

On the passage of the bill the Ayes were 31, Xays 0.
The bill having received the requisite constitutional majority was passed.

By ::\Ir. Duncan antllVLr. Langford of Hall-
House Bill ~ o. 822. A bill to amend Act establishing City Court for Hall County.
The report of the committee, which was favorable to the passage of tht> hill, was agreed to.
On the J>assage of the hill the Ayes were 31, l\ays 0.
The bill having recPive<l the requisite constitutional majority was passed.

By .Mr. Russell of Barrow-
House Bill No. 811. A bill establishing City Court of Barrow ( 'om1ty.
Mr. J olms offered the following amendment. ''Amend by striking Section 51 and by renumbering subsequent sections accordingly.
'fhe 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 31, Xays 0.
The hill haYing received the requisite constitutional majorit~ was pnssl'd.

536

JouRNAL OF THE SE~ATE,

By :Mr. Fleming of lOth-

Senate Bill No. 274. A bill to amend charter of 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 31, Kays 0.

The bill having received the requisite constitutional majority was passed.

The hour of 11:30 having arrived the Senate took a recess till 12 o'clock.

The President called the Senate to order at 12 o'clock.

Mr. Thomat> of 3nl, 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 Chairman, to report the same back to the Senate, with the recommendation that the same do not pass, to-wit:
Senate Resolution X o. 91.
J. R. THOl\1As, Chairman.
The following bill was read the third time and taken up for consideration:

MoNDAY, JULY 31, 1922.

537

By Mr. ]1..,leming of the lOth-

Senate Bill No. 252. A bill to require posting of rates in all hotels.

Mr. Fleming of lOth moved that the bill be tabled and the motion prevailed.

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

Mr. President :
The House has passed by the requisite constitutional majority the follo,ving bills of the House, towit:
House Bill Xo. 781. A bill to amend au Act and amendatory Acts incorporating the City of St. certain misdemeanor cases.
House Bill Xo. 853. A bill to amend an Act and amendatory Acts incorporating the City of St. Mary's, in Camden County.
House Bill Xo. 768. A bill relative to voting in counties that have the no fence law.
House Bill Xo. 854. A bill to amend an Act creating the City Court of Sandersville.
House Bill No. 249. A bill to place the Solicitor General of the Macon Judicial Circuit on a salary.
The following message was received from the House through Mr. :Moore, the Clerk thereof:

538

JorRNAL OF THE SENATE,

Mr. President :
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
House Resolution No. 149. (715A). A resolution appointing a committee to investigate the State Highway Department.
The following message was received from the House through l\Ir. ~Ioore, the Clerk thereof:

Mr. President:
The House has passed b.v the requisite constitutional majority the following bill of the Senate, towit:
Senate Bill )Jo. 172. A bill to amend the constitution relative to the abolition of Justice Courts.
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 House, towit:
House Bill .K o. 798. A bill to amend an Act creating a new charter by substitution for the City of Hazlehurst.
House Bill X o. 691. A bill regulating settlement of Tax Collectors with School authorities concerned with school taxes.

MoNDAY, JULY 31, 1922.

539

House Bill No. 830. A bill to amend an Act abolishing the Paulding Board of commissioners.

House Bill ~o. 801. A bill to amend Section 1249, Vol. 1, of Code of 1910, so as to include the City of Collins, Tattnall County, among the list of State Depositories.
House Bill No. 797. A Bill to make it unlawful to butcher cows, hogs, etc, except on premises of owner, in certain Counties.

The following bills were read first time and referred to committees.

Br Mr. McGarit~' of Paulding-
House Bill No. 830. A bill to amend Act abolishing Paulding Board of Commissioners.
Referred to the Committee on Counties and County Matters.

By Houston Delegation-
House Bill No. Sml. A bill to place Solicitor General of Macon Judicial Circuit upon a salary.
Referred to the Committee on Special Judiciary.

By Hyman and Hawkins of washington-
House Bill ~o. 854. A bill to ameud Act creating City Court of Sandersville.
Referred to the Committee on Special Judiciary.

540

JouRNAL OF THE SENATE,

By Mr. Phillips of Jasper-

House Bill No. 781. A bill to amend Act providing for payment of cost in misdemeanor cases in certain counties.
Referred to the Committee on Special .Judiciar~.

By Mr. vVay of LibertyHouse Bill No. 797. A bill to make it unlawful to
kill cows, etc., in certain counties except on premises of owner.
Referred to the Committee on Special Judiciary.

By Mr. Jones of \Va1ker-
House Bill No. 768. A bill to prevent those who live in a Militia District that has no fence law, from voting in any county election.
Referred to the Committee on Privileges and Elections.
By Mr. Vocelle of Camden~ House Bill X o. 853. A bill to amend Act incor-
porating City of St. :Marys. Referred to the Committee on Corporations.

By Mr. Clark of \Vebster-
House Bill No. 691. A bill to regulate manner of how Tax Collectors shall account and settle with school authorities.

MoNDAY, JuLY 31, 1922.

541

Referred to the Committee on Education.

B~ ~Ir. Holland of Tattnall-
House Bill No. 801. A bill to amend Code relative to selection of Collins, Georgia, as a State Depository.
Referred to the ( 'ommittee on Banks and Banking.

B~ :\Ir. Stone of Jeff Davis-
House Bill No. 798. A bill to amend Act creating 1ww charter for City of Hazlehurst.
Referred to the Committee on Corporation.

By :\Ir. McMichael of .Marion-
House Resolution No. 149. A resolution appointing a committee to investigate the State Highway Department.
Referred to the Committee on Appropriations and
~'inance.
'l'he following bill was read the third time and taken up for consideration.

By .Mr. Ji'leming of lOth-
Senate Bill No. 196. A bill to create a board of commissioners of Roads and Revenues for Dougherty County.
l\lr. Ji..,leming offered the following amendment.

5+2

JouRNAL oF THE SENATE,

Senator :B,leming of the lOth moves to amend Senate Bill No. 196, as follows:

By adding to the caption just before the phrase "and for other purposes" the following words:
'"fo provide for the ratification of this Act by the people.''
By adding iu lieu of Section 15 the following words:

"Section 15. Before this Act shall go into effect, the same shall be ratified by the people of Dougherty County at the next general election for the election of County Representative in the General Assembly and under the same requirements as to registration and <1ualification of voters as exist for said election and for the verification and returns of the same ballots submitted voters shall have printed on them the words ''For election of County Commissioners by the people'' and the words ''Against election of County Commissioners by the people." The voters shall erase or draw a line through the words which do not represent his or her choice, and unless the majority of the registered qualified voters shall vote ''against election of the County Commissioners by the people", this Act shall be deemed duly ratified and go into effect according to its terms. If for any reason, said election is not held, or said issue is not submitted as herein required, then this Act shall be deemed ratified without any election or referendum and shall go into effect according to its terms.''
By adding as Section 16 the following words:

MoNDAY, JuLY 31, 1922.

543

"Section 16. In the election for Representative from Dougherty County in the General Assembly to he held in 1922, it shall be lawful for candidates for County Commissioners to serve under this Act, to be voted on and elected to take office, however only in the event this Act shall go into effect according to its provisions. In any primary elections preceding said election it shall also be lawful for candidates to be selected for said office to run in said election subject to such reasonable rules and regulations as may provide for entry in said primary election after the passage of this Act.
By adding as Section l7 the following:
"Section 17. If any Section or part of Section of this Act shall be held invalid, such invalidity shall not be construed to affect the validity of any other portion of said Act.''
B~ renumbering the repeal clause of the Original bill and adding the same as Section 18 of said bill.
The amendments were adopted.
'fhe report of the Committee which was fa-,orable to the passage of the bill was agreed to as amended.
On the passage of the bill the Ayes were 31, the Ka~s were 0.
The bill having received the requisite constitutional majority was passed.
l\Ir. Brown moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 10 o'clock Central time.

544

JOL"RNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.

August 1st, 1922.

Th~ Senate met pursuant to adjournment at 10 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.
.Jlr. ~'oy, Chairman of the Committee on Journals, reported that the J ourual of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterdays proceedings was dispensed with.
Mr. Fleming of lOth Asked unanimous consent that House Bill No. 8153 be withdrawn from the Committee on Corporations, read the second time and re-referred to the Committee on Corporations and the Gonsent was granted.
Mr. Foy asked unanimous consent that all senators having bills or resolutions to introduce, be alloyed to do so at this time and the consent was granted.
At the request of the author Senate Bill No. 252 was taken from the. table and placed in its regular order on the calendar.
At the request of the author Senate Bill No. 252 was withdrawn from the Committee on Special Judiciary, read the second time, and recommitted to the Committee on Public Roads.

TuEsDAY, AL"GUST 1, 1922.

545

At the request of the Author Senate Bill No. 276 was withdrawn from the Committee on General Judiciary No. 2, read the second time, and recommitted.
The following bills were introduced, read the first timr and referred to committee :

By 1\fessrs. Thorpe, Clay, Nix, Foy, et al.-
Senate Bill No. 284. A bill to amend constitution relative to a Port at Savannah.
Referred to the Committee on Constitutional Amendment.

B~r Messrs. Cone and Hollingsworth-
Senate Bill No. 285. A bill to prohibit taking of fish from fresh water of this State by wire traps, etc.
Referred to the Committee on Fish and Game.

By :Wlr. Manson-
Senate Bill ~o. 286. A bill to increase jurisdiction of the Municipal Court of Atlanta.
Hl'ferred to the Committee on Corporations.
Br ~I r. ::VIausonSenate Bill Xo. 287.. A bill to amend Act regulat-
ing banking in the State of Georgia.
Referred to the Committee on Banks and Banking.
By Messrs. Thorpe Thomas and JacksonSenate Bill No. 288. A bill to Incorporate the
Town of Townsend in Mcintosh ( 'ounty:
Sig. 18-Senate

546

JouRNAL OF THE SENATE,

Referred to the Committee ou PriYileges and Election.

The following communication was read for the information of the Senate:

HoN. HERBERT CLAY,
President of the SE>nate, State Capitol,
Atlanta, Ga. :
. While Brunswick is informed that there is hardly a possibility of the State port matter coming up before you gentlemen at this session, however, in the event there is such a possibility we want you to be fully advised of and acquainted with Brunswick's marvelous possibilities for the establishment of State
owned port and terminals. vVe think it only fair
that you should familiarize ~vourself with Brunswick's superior advantages, and we extend through you to all of the members of the House of Representatives .a most cordial invitation to visit Brunswick at Brunswick's expense next Saturday and Sunday or the following Saturday and Sunday, or whatever time you wish to designate, but whatever time yo'U decide to come it should be in advance of any action that may be taken by the Legislature touching the question of the establishment of State owned port and terminals.
(Signed) City of Brunswick, by C. D. Ogg, Mayor; County Commissioners, by C. Miller, Chairman; Board of Trade, by J. W. Simmons, President;

TuESDAY, AuGusT 1, 1922.

547

Young Men's Club, by Frank M. Scarlett, Chairman; Rotary Club, by M. Rose, President.

Mr. Fleming of the 8th, Chairman of the Committee on University of Georgia, submitted the following report:

Mr. President:
Your Committee on University of Georgia 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. 763.
FLEMING of the 8th, Chairman.

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President:
Your Committee on Counties and County 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-wit:

By ~Ir. McGarity of Paulding-
. House Bill No. 830. A bill to amend an Act abolishing Paulding Board of Commissioners.

548

Jol:RNAL Ol<' THE SENATE,

House Bill No. 836. House Bill No. 837.
Respectfully submitted, RICHARDS, Chainnan.

Mr. Mills of the 26th, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President : Your Committee on Agriculture, has had under
consideration the following bills of the Senate 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 No. 257. Respectfully submitted, MILLS, Chairman.

Mr. Lassiter, Chainnan 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 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. 262. LASSITER, Chainnan.

TuESDAY, ArGUST 1, 1922.

5-!9

Mr. Jones of the 37th, Chairman of the Committee an Corporations, submitted the following report:

Mt. President:
Your Committee on Corpo1ations has had under consideration the following bills of the House and instructed me, as their Chairman, to report the same back to the S.enate, with the recommendation that the same do pass, to-wit:
House Bill No. 810.
JONES of the 37th, Chairman.

:Mr. Jackson, Chairman of the Committee on Privileges and Election, submitted the following report:
Mr. President :
Your Committee on Privileges and Elections has had under consideration the following bills of the House and i11structed 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. 768. A bill to prevent those who live in a militia district that has the no fence law from voting in any county election.
Respectfully submitted, JACKSON, Chairman.
Tlie following bills, favorably reported, were read the second time.

550

JouRNAL OF THE SENATE,

By Messrs. Ellis, Foy, et al.-

Senate Bill No. 257. A bill to promot~ forestry

interest in Georgia. By Mr. McGarity of Paulding-

,'1.
I

House Bill No. 830. A bill to amend Act abolishing Paulding Board of Commissioners.

By Mr. Ennis of Baldwin-

House Bill No. 763. A bill to provide a local Board of Trustees for Georgia Military College.

By Mr. Jones of Walker-

House Bill No. 768. A bill to prevent certain people.from voting in County elections.

By Mr. Ennis of Baldwin-
House Bill No. 810. A bill to amend Act creating charter of Milledgeville, Ga.

By Mr. Foy of Taylor-
House Bill No. 837. A bill to repeal Act abolishing office of County Treasurer of Taylor County.

By ~Ir. Foy of Taylor-
House Bill No. 836. A bill to create office of County T'reasurer of Taylor County.
The following resolution was read and ordered to l_ay over one day.

TuEsDAY, A<:GUST 1, 1922.

551

By Mr. Bellah-
Senate Resolution No. 98. A resolution authorizing the Treasurer of State to pay per diem and expenses to committee investigating school for Deaf and Dumb.
The following message was received from the House thro-qgh Mr. Moore, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following resolutio~ of the House, to-wit:
House Resolution No. 119. (779A): A resolution proviQ.ing for the taking of necessary steps'to locate State Line between States of Georgia and Tennessee.
The following message was received from the House through Mr. Moore, the Clerk thereof:
0
Mr. President :
The House has passed by the requisite constitutional majority the following bills of the Sep.ate, towit:
Senate Bill No. 219. A bill to repeal an Act amending the road laws of Georgia in Gordon County.
Senate Bill N;. 182. A b1ll to fix the compensation of the Treasurer of Clayton County.
Senate Bill No. 214. A bill to give the Federal

552

JouRNAL OJ.' THE SENATE,

Govemment authority to establish rules for the protection of game and fish on Federal Reserves.

Senate Bill No. 224. A bill to provide additional grounds for revoking licenses of insurance establishments.

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 House, towit:

House Bill No. 816. A bill to repeal an Act to abolish the fee system now existing in the Superior Courts of the Northeastern Judicial Circuit.

House Bill No. 360. A bill to provide for the ex-

tension of the corporate limits of the City of Colum-

bus in .M:uscogee County.

.,

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 of the House, to-wit:
House Resolution No. 205. A resolution expressing appreciation of hospitality of the City of Savannah during the recent visit.
The following resolution was read and adopted:

TuESDAY, AuGUST 1, 1922.

553

By Messrs.. Mixon of Truetlon and Davis of Oglethorpe-
House Resolution No. 205. A resolution express~ ing appreciation of hospitality of the City of Savannah during the recent visit.

The following House bills and resolutions were read first time and referred to committee:

By Mr.. Jones of Walker-
House Resolution No. 119. A resolution to take necessary steps to locate State line between Georgia and Tennesseee.
Referred to the Committee on Special Judiciary.

By Muscogee Delegation-
House Bill No. 860. A bill to provide for extension of corporate limits of Columbus, Ga.
Referred to the Committee on Corporations.

By Mr. Pruitt of Lumpkin-
House Bill No. 816. A bill to repeal Act abolishing fee system now existing in Superior Courts of ~orthwestern Judicial Circuits.
Referred to the Committee on Special Judiciary.
Under the regular order of business the following bill, adversely reported, was taken up for the purpose of disagreeing with the report of the committee.

554

JOURNAL OF THE SENATE,

By Mr. Hollingsworth-
Senate Bill No. 5. A bill known as the "Water Power" bill.
The Secretary proceeded with the reading of the bill.
Mr. Hollingsworth asked unanimous consent that the reading of the bill in full be dispensed with and the consent was granted.
Mr. Hollingsworth moved that the Senate disagree with the report of the committee.
Mr. Hollingsworth called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as followR:

Those voting in the affirmative were Messrs:

Bellah, .J. M. Bond, Uhas. ~Boykin, Jatttes ll.
Carnp!Je;t, R. w.
Childs, E. \Y. .Cone, Howell
Ellis, R. C.
J.'oy, John E. Golucke, Alvin G.

Hoi lingswort h,
Holmes, H. H. Hunt, T. lVI.
Jackson, J. B. Jones, JO'hn H. .\~ix, 0. A . l'eacock, l'. H. Richards, Will
Ridley, Dr. c. 14,

Rountre", J. L. Sheffield, R. H. Stovall, E. B.
Tarpley, R. 0. Taylor, Geo. W .
1'homas, Jam('-S R.
1'horpe, E. M. Wall. Dan

Those voting in the negative were Messrs:

Akin, L. R. Collum, J. M. Davidson, J. E. Fleming, W. 0. Haralson, Pat .Johns, G. A.

Jones, 0. K. Kimzey, Sam l\'lanson, Prank C. Palmour, J. E. P.ope, David F. St!ow, Russell E.

\\'alker, B. F. \\'!eaver, ,J. D. \\' illia.ms, \\'i le_,. Wohlwender, Ed.

TuESDAY, AuGUST 1, 1922.

555

Those not voting were. Messrs::

Brown, L. C. Colson, D. C. David, A. B.

Fleming, Denis Hutchins, H. C. Lassiter, W. H.

Mills, J. H. Womble, M. D. Mr. President

Ayes 26, Nays 16.

On the motion to disagree with the unfavorable report of the Committee the Ayes were 24, Nays 17.

The report of the Committee was disagreed to and the bill was placed upon the calendar.

The following resolution was read and adopted:

By Messrs. Jackson, Childs and Rountree-
Senate Resolution No. 97. Resolved, that the Senate bid Godspeed to Hon. M. L. Brittain in his latest undertaking.
.The following bills were read third time and put. upon their passage.

By Mr. Fleming of lOth:._
Senate Bill No. 275. A bill to amend Act providing for a public school system 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 45, Nays 0.
The bill having received the requisite constitutional majority was passed.

556

JouRNAL oF THE SENATE,

By .Messrs. Moore and Holloway of Fulton-

House Bill No. 629. A bill to amend the charter of City of Atlanta.

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.

The following bill was read the third time and put upon its passage:

By Mr. Bowden of 'Ware-
House Bill No. 725. A bill to amend Act creating the Ware County Bond Commission.
The committee offered the following amendment.
''By striking Section 2 of said bill and inserting in lieu thereof as Section 2 the following:
"Section 2. The term of the eight elective members of said Bond Commission now in office shall expire on Nov. 15, 1922. ''
Also by striking Sctiou 3 of saicl bill and substituting in lieu thereof ~he following Sec. 3.
"Sectou 3. Be it further enacted by the authoritr aforesaid that the eight electiYe members of said \Vare County Bond Commission to succeed the presutt elective members of the ('ommissiou shall be

TuESDAY, AuGUST 1, 1922.

557

elected at the General Election to be held in Ware County for State House officers in the year 1922.
The amendment was adopted.
rrhe 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 31, ~ays were 0.
The bill having received the requisite constituti~:maJ majority was passed.
The following bill was read the third time and put upon its passage:

By .l\Ir. Corbitt of Atkinson-
House Bill ~ o. 638. A bill to amend charter .of Pearson, Ga.
Mr. Wall o-ffered the following amendment.
Amend by adding uev, Section after Section 3 and renumbering remaulln.g Sedtions accordingly.
Amend by adding the following, to follow Section 3 and renumbering remaining section accordingly: ''Provided further that before the provisions of Section ~ of this Act, shall become of full force and effect only when ratified by a majority of the votes cast by the qualified voters of the City of Pearson, for their approval at an election to be called by the Mayor of said City of Pearson, which election and the notice of the call must be published for thirty days immediate!~ precerling the election, which

558

JOURNAL OF THE SENATE,

election shall be held during the year, 1922, in the City of Pearson after the passage of this bill, and it is hereby made the duty of the Mayor or the Mayor pro tem in case the Mayor refuses to call said election as provided in this Act, and those parties who wish to cast their ballots for the provisions of Section 2 of this bill, shall do so by casting ballot having written or printed upon them the words 'Against the levy of the tax in the City of Pearson to operate and maintain the public school of said City of Pearson,' and those who wish to cast ballots in favor of the levy of the tax in the City of Pearson for the purpose of raising revenue to operate and maintain the public school of said City of Pearson, and against the provisions of Section 2 of this bill shall do so by casting ballots having written or printed on them the words 'For the leYy of tax for the purpose of raising revenue to operate and maintai:Q. the public school of said Cit~ of Pearson.' Provided further, that the returns of said election shall be made to the Mayor or the Mayor pro tem of the City of Pearson, and he shall declare the result thereof; and provided further that the rules and regulations of holding of said election where not otherwise provided in this bill shall conform to laws of Georgia.''

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 A:vcs were 31, the X a~s were 0.

TuESDAY, A-c-GusT 1, 1922.

. 559

The bill having received the requisite constitutional majority was passed.

Mr. Palmour, Chairman of the Committ-ee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee ou Privileges of the .IPloor has had under consideration the following resolutions 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:

.By .Mr. Pope-
A resolution extending the privileges of the floor to Hon. R. C. Jones, of Decatur, for 3 days.
J. E. P.u.MOUR, ('hairman.

The following Senate bill was taken up for the purpose of concurring in the House amendments to same:

By Mr. Jones of :37th-
Senate Bill ~o. 7. A bill known as the "Australian Ballot Syst~m. ''
~Ir. Jones of 37th moved that a Committee of Five Senators be appointed as a special committee to investigate the amendments offered by the House, and the motion prevailed.

5GO

JouRNAL Ol-' THE SENATE,

The president appointed the following Senators as a Committee to Act under the above motion:

Messrs. Jones of 37th,

Walker,

Xix,

Snow,

Manson.

The follmYing message was received from His Excellency tlw Go,ernor, through his Secretary, Mr. Blalock:

Mr. President:
1 am directed by His l<~xcellency the Governor to <ldiver to the Senate a scaled communication, to which he respectful!~, invites your attention in l'~xecutiw Session.
The following message was received from His Ex(;cllency the Gonmor, through his Secretary, :Mr. Blalock:

.:.ll r. President :
I am directed by His JlJxcellency the Governor to deliver to the Senate a communication in writing to which he respectfully invites your attention.

TuESDAY, AcGusT 1, 1922.

561

STATE O:F' GEORGIA: EXECUTIVE DEPARTMENT,

ATLANTA.

.July 26, 1922.

To The Geueml Assembly of Georgia:
I unhesitatingly recom~end the passage of a deficiency appropriation bill to supply the deficiencies in the school funds for 1921 caused by the misappropriation of school funds by R. N. Berrien in discounting the school warrants of the Counties of Heard, Decatur, Chatham, Bulloch, Warren Lumpkin, Echols, Brooks, Emanuel, Liberty, Madison, Chattooga, Dade and :Murray, and to the independent school systems at East Lake and Lawrenceville.

The subject-n:iatter is dealt with and fully explainl'd in the last Annual Report of the State School Commissioner, Ron. M. L. Brittain.

The circumstances under which the defalcation occurred are such as to make it just and equitable, in my opinion, to reimburse these Counties and local school systems for the amounts of money which they lost by reason of such defalcation, and I unhesitatingly so recommend.

Respectfully submitted,

w. THOMAS

HARDWICI{,

Governor.

562

JOURNAL OF THE SENATE,

The following resolution was read and adopted:

Br Mr. Brown-
Senate Resolution No. 90. Resolved that the President appoint a committee of 3 to verify and audit the reports submitted by the various departments.
The President appointed the following Senators as a committee to act under Senate Resolution No. 90:
~Iessrs. Brown, Jackson, Williams.

Mr. Snow moved that the Senate do now go into executive session and the motion prevailed.
At 12 :45 o'clock the Senate went into executive session.
:h-:xecutive Session was dissolved at 12 :55 o'clock.
M.r. wohlwender moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 10 o'clock.

WED:lllilSDAY, AuGUST 2, 1922.

563

S&ATE O:w.:MJDm, ATLANTA, Ga..

August 2, 1922.

The Senate met pursuant to adjournment at 10 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. I~'oy, Chairman of the committee on Journals, reported that the Joumal 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.
l\Ir. Ji,oy asked unanimous consent that Senate Bill No. 284 be withdrawn from the committee on Constitutional Amendments read the second time, and recommitted to the Committee on Constitutional Amendments and the consent wa& granted.
The following message was received from the House through Mr. Moore, the l"lerk thereof:

Mr. Presidtfflt:
The House has passed by the requisite constitutional majority the following bills of the House, to'vit:
House Bill No. 554. A bill to authorize trustees

564

J OlJRNAL OF THE SENATE,

of Georgia School of Technology to charge and col-
lect tuition fees.

House Bill No. 575. A bill to change the name of the South Georgia State Normal College at Valdosta.

House Bill No. 799. A bill to amend the charter of the Town of Bowden, in Carroll County.

House Bill No. 826. A bill to amend an Act creating a new charter for the Town of Arabi.

House Bill ~ o. 850. A bill to amend an Act incorporating the City of Blackshear.

The follo,ving message was received from the House through Mr..Moore, the (. 'lerk thereof:

Jlr. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit :
House Bill No. 873. A bill to make additional appropriation for maintenance of milit;uy establishmeuts of the State of Georgia.
The following message was received from the House through .:\lr. Moore, the ( 'lerk thereof:

Jlr. Pn-side11t:
The House has passed by the requisite constitutional majority the following bill of the Senate, to\vit:

WEDNESDAY, AuarsT 2, 1922.

565

Senate Bill No. 218. A bill to incorporate the City of Jessup, and for other purposes.

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

Jlr. President:
The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
House Resolution No. 154. (724A)). A resolution to make appropriation to pay the interest on the public debt.
House Resolution X o. 190. (tlUB). A resolution to make appropriation for stationery used by General Assembly for years 1920, 1921, 1922 and 1923.
The following House Bills were read first time and referred to committee:
By .Mr. whitaker of Lowndes-
House Bill 1\o. 575. A bill to change name of South Ga. State X onnal College at Valdosta.
Referred to the Committee on UniYersity of Georgw.
By J\Iessrs. Beck and Smith of ( arrollH.ouse Bill Xo. 799. A bill to amend charter of
Bowden. Referred to the Committee on Corporations.

566

JouRNAL OF THE SENATE,

By Mr. Byrd of CrispHouse Bill No. 826. A bill to amend Act creating
new charter for Arabi. Referred to the Committee on Corporations.

By Mr. Brantley of Pierce-
House Bill No. 850. A hill to amend Act creating City of Blackshear.
Referred to the Committee on Corporations.

By Mr. Culpepper of :B'ayette-
House Resolution X o. 154. A resolution to make appropriation for interest on Public Debt.
Referred to the ( 'ommittee on Appropriations and Finance.

By Mr. Culpepper of Fayette, et al.-
House Bill K o. 873. A bill to make additional appropriation for military establishment of State of Georgia.
Referred to the Committee on Appropriations and Finance.
By Mr. Arnold of Clay-
House Resolution X o. 190. A bill to make appropriations for stationery used by General Assembly for years 1920, 1921, 1922r 1923.
Referred to the Committee on Appropriations and Finance.

WED~ESDAY, AuGrsT 2, 1922.

567

By Messrs. Holloway and Bentley of Fulton-

House Bill No. 554. A bill to charge and collect matriculation and tuition fee at Georgia Tech.

Referred to the Committee on University of Georgia.

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

B.v Mr. Thomas-
Senate Bill X o. 289. A bill to authorize Governor to suspend arresting officers for negligence.
Referred to Committee on General .Judiciary No.2.
By Mr. Jones of 37thSenate Bill No. 290. A bill to prevent wearing of
Masks in Georgia ou public highways. Referred to Committee ou Corporations. The following resolution was read and ordered to
lay over 1 day.
By Mr. MansonSenate Resolution No. 99. A resolution relative to
construction of the Superior Court Judicial Circuits. Mr. Jones of the 37th, Chairman of the Committee
on Corporations, submitted the following report:

568

JOURNAL OF THE SENATE,

.llr. 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 do pass, to-wit:

Senate Bill ~o. 268. Senate Bill No. 286. Senate Bill No. 283. House Bill No. 747. House Bill No. 756. House Bill No. 773. House Bill No. 798. House Bill ~o. 812. House Bill No. 820. House Bill Ko. 853. House Bill No. 827. House Bill Xo. 860.

Respectfully submitted, JONEs of the 37th, Chairman.

.M:r. Golucke, Chairman of the ( 'ommittee on Special Judiciary, submitted the following report:

]Vir. Presideut:
Your Committee on Special ,Judiciary 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:

WEDNESDAY, AuG"C'S'l' 2, 1922.

569

House Bill No. 816. A bill to be entitled an Act to repeal an Act approved August 8th, 1918, entitled an Act to abolish the fee system now existing in the Superior Court of the North Eastern Circuit as applied to the office of Solicitor General.

GoLUCKE, Chairman.

Mr. Golucke, Chainnan of the Committee on Special Judiciary, submitted the following report:

1J!lr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and iust111cted me, as their Chairman, to report the same back to the Seuate, with the recommendation that the same do pass, to-wit:
House Bill No. 818.
House Bill K o. R4H.
GoLucKE, Chairman.

Mr. Bond, Chairman of the Committee on Temperance, submitted the following report:

1Vlr. President:
Your Committee on Temperance 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 following bill do pass:

570

JouRNAL OF THE SENATE,

House Bill No_. 553. To provide for a Temperance Day in Public Schools in this State.
The following Bill do not pass :
Senate Bill No. 260. To amend the Prohibition Law.
Respectfully submitted,
Boxn, Chairman.

Mr. Jackson, Chairman of the Committee on Privileges and ];]lections, submitted the following report:

Mr. Pn,sidPnt:
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 Xo. 288. To incorporate the Town of Townsend in :Mcintosh County.
Respectfully submitted,
J. B. JAcKsoN, Chairman.

Mr. Wall, Chairman of the Committee on Banks and Banking, submitted the following report:

llir. Pres'irh,,nt:
Your Committee on Banks and Banking has had under consideration the following Senate and House

WEDNESDAY, AuGusr 2, 1922.

571

bills and instructed me, as their Chairman, to report the same back to the Senate, with the following recommendation :

House Bill No. 570. Do pass. House Bill No. 246. Do not pass.
Respectfully submitted, WALL, Chairman.

Mr. Ellis, Chairman of the Committee on Public Roads, submitted the following report:

Mr. 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 No. 216. Senate Bill No. 247. As amended.
Respectfully submitted, ELLIS, Chairman.
Mr. Manson, Chairman of the Committee on Pensions, submitted the following report:
Mr. President : Your Committee on Pensions has had under con-
sideration the following bills of the Senate and in-

572

JoL"RKAL oF THE SENATE,

structed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do not pass:

Senate Bill )Jo. 91.

Respectfully submitted, MANSON, Chairman.

:Mr. Nix, Chairman of the Committee on General Judiciary ~ o. 2, submitted the following report:

1111. P resid eut :
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 recommndation that the same do pass, to-wit:_
Senate Bill No. 250. By Messrs. Thorpe and Foy relative to the payment of poll tax.
Senate Bill ~ o. 276. By Mr. Johns to change the time of holding the Superior Court of Barrow County.
House Bill );' o. 273. Regulating Real Estate Brokers.
Respectfully submitted,
0. A. Nix, Chairman.

Mr. Childs of the 12th, Chairman of the Committee on Education, submitted the following report:

WEDNESDAY, AuGUST 2, 1922.

573

Jlr. Presideut:
Your Committee on Education has had under consideration the following bills of the House and instructed me, as their Ch~irman, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill No. 691.
Respectfully submitted,
CHILDS, Chairman.

Mr. Golucke, Chairman of the Committee on

.

a

Special Judiciary, submitted the following report:

Jl r. Pr-esident:
Your Committee on Special Judiciary, 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. 270.
Senate Resolution No. 86.
GoLUCKE, Chairman.

l\Ir. I<,oy, Chairman of the Committee on Fish and Game, submitted the following report:

Mr. President:
Your Committee on Fish and Game has had under consideration the following bills of the Senate and

574

JOURNAL OF THE SENATE,

instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:

By Messrs. Cone and HollingsworthSenate Bill No. 285. A bill to restrict fishing in
fresh waters with wire traps and wire netting. Respectfully submitted, FoY, Chairman.

The following bills favorably reported were read the second time :
By Mr. Bozeman of Worth-
House Bill .No. 827. A bill to amend charter of Town of Warwick.
By Messrs. Hines and Riley of Sumter-
House Bill No. 818. A bill to amend Acts granting corporate authority to city of Americus.

By Mr. Langford of ToombsHause Bill No. 820. A bill to create New Charter
for Vidalia, Ga.
By Mr. Houser of Houston, et al.House Bill No. 849. A bill to place Solicitor Gen-
eral of Macon Judicial Circuit on a salary.

WEDNESDAY, AuGUST 2, 1922.

575

By Mr. Camp of Campbell-

House Bill No. 570. A bill to establish county depository in Campbell County.

By Mr. Clark of Webster-
House Bill No. 691. A bill regulating manner by which tax collectors shall settle with school authorities.

By Muscogee Delegation-
Houae Bill No. 680. A bill to provide for extension of the corporate limits of Columbus, Ga.

By Mr. DeFoor of Clayton-
House Bill No. 747. A bill to repeal Act incorporating City of Rex.

By l\lr. Moore of l<,ultou-
House Bin No. 756. A bill to repeal Act incorporating Bolton, Ga.

By :Wlr. Stone of Jeff Davis-
House Bill No. 798. A bill to amend Act creating new charter for Hazlehurst.

By Messrs. Moore and Holloway of Fulton-
House Bill No. 812. A bill to amend charter of City of Atlanta.

576

Jo"GRKAL OF THE SENATE,

By Fulton Delegation-

House Bill No. 553. A bill to provide for a Temperance Day in Public Schools.

By Messrs. Hines and Riley of Sumter-
House Bill No. 773. A bill to amend charter of Americus.

BY Mr. Thomas of 3rd-



I

Senate Bill No. 216. A bill to amend Georgia Motor Vehicle law.

B~ Mr. Clay-
Senate Bill No. 247. A bill to regulate use of motor vehicles and motor cycles upon streets and highwa~s of Georgia.

By Messrs. Thorpe and Fay-
Senate Bill No. 250. A bill relative to payment of poll taxes.

By Mr. CampbellSenate Bill 268. A bill to provide for exannna-
tiou and licensing of superintendents and operators in charge of \Vater \Vorks.
B~- Mr. ThomasSenate Bill No. 273. A bill to license real estate
brokers and salesmen.

WEDNESDAY, AuausT 2, 1922.

577

By Mr. Boykin-

Senate Bill No. 283. A bill to amend charter of Lincolnton, Ga.

By .Mr. ConeSenate Bm No. 285. A bill to prohibit taking of
fish from the fresh water streams of Georgia, by wire netting, etc.
B~ .:\Ir. Manson-
Senate Bill No. 286. A bill to increase jurisd.iction of Municipal Court of Atlanta.

.By .Mr. Thorpe, et al.-
Senate Bill No. 288. A bill to incorporate Town of Townsend.
By Ur; Pruitt of Lumpkin-
House Bill No. 816. A bill to repeal Act abolishing fee system now existing in Superior Court of Northeastern Judicial Circuit as applied to the office of Solicitor General.

By l\Ir. \:Villiams~
Senate Resolution No. 8. A rf'solution to relieve certain bondsni.en of one W. K. Brooks.
By .Mr. Williams-
Senate Bill No. 270. A bill to amend Code relative to maintenance and operation of ferries.
Sig. 19-Senate

578

J OCRNAL OF THE SENATE,

The following bill:> were read the third time and put upon their passage:

By .M.r. .b~nnis of Baldwin-
House Bill :No. 763. A bill to provide a local board of trustees for Georgia Military College.
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. Ennis of Baldwin-
House Bill ~ o. 810. A bill to amend Act creating charter for Milledgeville, 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 31, Nays 0.
The bill haviug received the requisite coustitutional majority was passed.

By .Mr. Johns of 27th District-
Senate Bill No. 276. A bill to change time of holding June term of Superior Court in Barrow County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

WED:XESDAY, AuausT 2, 1922.

579

On the passage of the bill the Ayes were 31, Nays 0.

The bill having received the requisite constitutional majority was passed.

~y .:\Ir. McGarity of Paulding-
House Bill Ko. 830. A bill to amend Act abolishing Paulding Board of Commissioners.
'J.1he report of the Committee, which was favorable to the passage of the bi.ll, was agreed to.
On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite coustitutionalmajority was passed.

By Mr. Foy of Taylor-
House Bill No. 836. A bill to create office of County Treasurer for Taylor County.
'rhe report of the Committee, which was favorable to the passage of the bil.l, was agreed to.
On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the> r<'quisite constitutional majority was passed.

By Mr. Vocelle of Camden-
House Bill ~o. 853. A bill to amend Act incorporating City of St. Mary's.

580

JouRl\AL 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 31, Nays 0.

The bill having received the requisite constitutional-majority was passed.

By Mr. Foy of Taylor-
House Bill No. 837. A bill to repeal Act abolishing office of County Treasurer of 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 -, Nays-.
The bill having received the requisite constitutional majority was passed.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. P.resident :
Your Committee on Privileges 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 recommendation that the same do pass, to-wit:

WEDNESDAY, AuGUST 2, 1922.

581

By Mr. \Vomble-
A resolution extending to Hon. G. D. Domineck ti1e privileges of the floor for 3 days.

J. E. P ALMOUR, Chairman.

The report of committee was adopted.
~Jr. Palmour, Chairman of the Committee on Privileges of the :b'loor, submitted the following report:

Jlr. Pnesideut:
Your Committee on Privileges of the Floor has had under consideration the following resol_utions 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:
By Mr. Jones of 37thResolved that the privileges of the floor be extend-
ed. to Miss Ruth Steed of Carrollton, Ga., for 3 days.
By :Mr. Manson-
Resolved that the privileges of the floor be extendeel to Hon. F. L. ('ox of Jonesboro, for 3 days.
J. E. PAL:liiOUR, Chairman.
The report of committee was adopted. The following message was received from the House through Mr. Moore, the Clerk thereof:

582

JouRNAL oF THE SENATE,

Mr. President: 'rhe House has concurred in the Senate amend-
ments to the following bills of the House, to-wit:
House Bill No. 645. Elbert County. House Bill No. 725. \Vare County. House Bill No. 811. Barrow County.

1~1 r. President:
The House has read and adopted the Senate substitute to the following bill of the House, to-wit:
House Bill No. 480. The following bill was read the third time and taken up for consideration:

By .Mr. Cone-
Senate Bill Ko. 226. A bill to substitute a Board of control of 5 members for the different boards of trustees of the University of Georgia.
The committee ?ffered the following substitute:

A BILL
To he entitled au Act to substitute a Board of Control of five members for the different Boards of Trustees in. charge of the University of Georgia and its branches and departments, including the h\elve district agricultural and mechanical schools, to provide for their qualifications, ap~)ointm~nt, terms of office, duties, salaries; to pro-

WEDNESDAY, AuGUST 2, 19:22.

583

vide for the appointment by them of executive officers and agents, to prescribe their duties and salary; to provide for the appointment by them of Trustees for the University of Georgia and its branches, including the Twelve district A. & M. schools; to provide that all appropriations for maintenance made to the University of Georgia and its branches, including the twelve district A. & :.\1. school::;, be apportioned by said Board of Control, and that the same shall be ten per centum of the State's income for the purpose of support and maintenance of said institutions; to provide for the presen'atiou of gifts and donations to the several institutious named; 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 from and after January 1st, 1923, there shall be a Board of Control, composed of fiye members, appointed by the Goven1or, by and with the consent of the Senate, who shall hold office for a period of six years and until their successors are appointed and qualified, except that the first appointments for said office shall be as follows: one for a period of two years, two for a period of four years, and two for a period of six years, and that thereafter the t~rms shall be for a period of six yean; for each of said members. Should a vacancy occur at any time on said Board, either by death or resignation, it s~all be filled by the Govemor, provided the nominations shall be subject to confirmation by the Senate, and when said appointment is made at a

584

JouRNAL OF THE SENATE,

time when the Senate is not in session, the same shall be effective until the same is confirmed or rejected as the case may be.
Section 2. No person shall be a member of said Board of Control who shall, at the same time, hold any elective or appointive office in this State, or who shall hold at the same time any official position with the University of Georgia, or any of the branches thereof, either on the various Boards of Trustees or faculties, nor shall any person be eligible for membership on said Board of Control who is employed by any school book publishing company; and if any member of said Board of Control be elected or appointed to office in this State other than on said Board, or shall become officially connected with any of the schools of said State, except as a member of said Board of Control, or shall become employed by auy school book publishing company, his place on said Board shall become vacant, and such vacancy may be declared either by said Board or by the Governor of the State, and the vacancy filled as herein provided.
Section 3. Before entering upon the discharge of their duties, the members of said Board shall subscribe the oath required of other officers of this State.
Section 4. Said Board of Control sl1all meet reglllarly at such time, not less than six times per annum, a::; they shall determine; and their regular place of meeting shall be at such place or office in the State Capitol as shall be provided for them by the Gover-

WEDNESDAY, Au~usT 2, 1922.

585

nor; but the said Board may meet from time to time at other places in said State, and it shall be their duty to inspect in person the various schools constituting the University of Georgia and its branches at least biennially.

Section 5. The Board of Control shall elect one of their number as Secretary, and may also employ from outside of their membership such clerical help as they may see fit for the purpose of keeping the records of their office, and consolidating the reports and records of the various schools and institutions under their jurisdiction and control.
Section 6. The said Board of Control shall each be paid the sum of Seven Dollars per day for the time actually given to thei1 duties and shall also receive, in addition, their actual expenses, all of which shall be paid as hereinafter provided upon submitting a sworn itemized statement of their per diem and expenses.

Section 7. The Board of Control shall appoint from without their membership a Chancellor of the University of Georgia, who shall be the 1epresentative of said Board, and who shall carry out and enforce all rules, recommendations and regulations of said Board, and, under the direction of said Board, shall represent an act for the same when they are not in session. The said Board of Control may also appoint from without their membership a purchasing agent whose duties shall be prescribed by saia Board of Control. The salary of said Chancellor and said

586

JOURNAL QF THE SENATE,

purchasing agent shall be fixed by said Board of Control and the same shall be paid in the manner hereinafter described.

Section 8. The Board of Control, except as herein provided, shall succeed to all the rights, duties, and obligations of the following bodies heretofore created by law; the Board of Trustees of the University of Georgia; the Board of Trustees of the Georgia School of Technology at Atlanta, Georgia; the Board of Trustees of the State College of Agriculture and Mechanic Arts, at Athens, with the Agricultural Experiment Station connected therewith, at Griffin; the Board of Truste2s of the Georgia Nonnal and Industrial College, at Milledgeville; the Board of Trustees of the State ~ormal School, at Rock College, Athens; the Board of Trustees of the North Georgia Agricultural College, at Dahlonega; the Board of Trustees of the Medical College of the University of Georgia, at Augusta; the Board of Trustees of the South Georgia Xormal College, at Valdosta; the Board of Trustees of tlw Bowden State Normal and Industrial College, at Bo,vden; The Boards of Trustees of the Twelve District Agricultural and Mechanical Schools, located in the twelve ( 'ongressional Districts of said State; the Board of Trustees of the Georgia State Industrial College for Colored Youths, at Savanuah, and the Board of Trustees of the Georgia Agricultural, Industrial and Normal School for Colored 'feachers, at Albany, all of which are hereb~' abolished.

Section 9. Thl' Board of Control shall have

WEDNESDAY, AuGusT 2, 1922.

587

general supervision over the named institutions constituting the University of Georgia and its branches and departments, and shall have authority to require the proper co-ordination between the various institutions so as to. avoid useless duplication in the teaching and administration of the various schools.

. Section 10. For the University of Georgia and each of the branches above named the Board of Control shall elect a Board of Trustees whose number shall not be less than Five nor more than Nine for each institution or school, and whose term of office shall be four years, but the tenns of a majority shall not expire during any one year; but the said Board of Control may at any time remove from office for cause any trustee selected by them. No compensation for said trustees shall be paid except actual expenses, all of which shall be paid on itemized verified statements as hereinafter provided. The duties of said Trustees shall be the selection of the President or executive officer of each school, as well as the faculties thereof, on the recommendation of the executive officer, and except as herein specified, they shall have control and supervision of their respective school, but all salaries to be paid in each institution shall be submitted to and be approved by said Board of Control. The terms of the trustees first selected shall begin with the closing of the spring terms of said schools in 1923.

Section 11. The Board of Control shall require from the Trustees and heads of each of the schools constituting the Uninrsity of Georgia and its

588

JouRNAL OF THE SE~ATE,

hranches, such reports, budgets, itemized statements of expenditures and other information as they may direct, and shall have general supervision over the purchase of supplies, erection of buldings and other expenditures, all of which shall be governed by such regulations as said Board may promulgate.

Section 12. There shall be appropriated for the support and maintenance of the institutions constituting the University of Georgia and all its branches, as herein named, one-tenth of the actual iucomes of the State of Georgia, exclusive of the sum realized as motor vehicle tax, and all appropriations so made shall be paid, as heretofore, ou the warrant of the Governor, except that the sums to be paid each institution shall be apportioned, according to the needs of the respective institutions, by the said Board of ('ontrol, who shall submit to the Governor prior to the payment of any sum an apportionment sheet containing the amounts Ro desig11ated to he paid to each. All salaries, including the per diem and expenses of said Board of Control, and all expenses of Trustees, shall be paid from said funds.

Section 13. Nothing herein contained shall authorize the said Board of Control to divert from any one of the institutions named herein any propert~-, income, donation or gift that may now belong to such institution or that may be hereafter given to such institution, nor shall said Board of Control divert or change said property, income, or donation or gift from the special purpose for which it was given or conveyed in these cases where property, income, do-

vVED)IESDAY, AuGUST 2, 1922.

589

nation or gift has been or may hereafter be conveyed or given, subject to restrictions, or for a special purpose.
Section 14. At each session of the General Assembly of Georgia, the Board of Control shall submit in detail a report of the work of the institutions under their controL
Section 15. 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.
:Mr. Clay moved that the session be extended to 1:30 o'clock P. :M. and the motion prevailed.
Mr. Wohlwender moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 10 o'clock.

590

Jon~NAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.

August 3rd, 1922.

The Senate met pursuant to adjoumment at 10 o'clock A. M. and was called to order by the President.
Prayer wa~ offered by the Chaplain.
By unanimous consent the roll call was dispensed with .
.Jlr. J:<'oy, Chairman of the ( 'ommittee 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.
The following message was received from the House through .Jir. .Jloore, the Clerk thereof:

Jir. P1w.,ide111:
The House has passe<l by the requisite Constitutional majorit~- the following bills of the House, towit:
Rouse Bill Xo. 632. A bill to authorize adllitional ways whereb~ counties having certain populations may provide for the support of paupers and for other purposes.
House Bill Xo. 650. A bill to authorize counties of certain populations to 1nmide for necessary public sanita tiou.

THURSDAY, Aum:sT 3, 1922.

591

House Bill No. 157. A bill to create a lien in favor of jewelers and provide for the foreclosure of same.

House Bill Xo. 6. A bill to repeal an Act to regulate the return and assessment of property for taxation known as the Tax Equalization Law.

The following House bills were read first time and referre(l to committee:

By Mr. Watkins of Butts-
House Bill X o. 6. A bill to repeal ~ct to regulate the return and assessment of property for taxation in this State.
Referred to the Committee on Appropriations and F'inance.

By Fulton Delegation-
House Bill Xo. 650. A bill to authorize certain counties to proYide for necessar~ public sanitation.
Referred to the Committee on Corporations.
By Fulton DelegationHouse Bill No. 652. A bill to authorize certain
counties to proYide for the support of paupers. Referred to the Committee ou Corporations.
B~ Mr. Kittrell of LaurensHouse Bill No. 157. A bill to create a lien m
faYor of .iewelers.

592

JocRNAL oF THE SENATE,

Referred to the Committee on Special Jurlicwry.

:Mr. Wohlwender asked unanimous consent that all local uncontested bills be put upon their passage at this time and the consent was granted.

The following bills were read the third time and put upon their passage:

B~ .:\Ir. Boykiu-
House Bill X o. 283. A bill to amend charter of Lincolnton.
The report of the committee, which was favorablt> to the passage of the bill, was agreed to.
On the passage of tlw hill the Ayes were 31, Xays 0.
The bill luning received the requisite constitutional majorit~ was passed.

B~ }I r. :Manson-
Seuate Bill Xo. 2S6. A bill to ameud constitution so as to increase the jurisdiction of the :Municipal Court of Atlanta.
_The report of the conuui1tec, which was favorable to the passage of the bill, was agreed to.
On the passage of tlw bill the A~es were :n,
1\ays 0.
The bill haYing received the requisite constitutional majority was passed.

THURSDAY, .AUGUST 3, 1922.

593

By Messrs. Thorpe, et al.-
Senate Bill No. 288. .A bill to incorporate town of Townsend.
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, Kays 0.
The bill having received the requisite constitutional majority was passed.

By .Mr. Camp of Campbell-
House Bill .No. 590. .A bill to establish a County Depositor~' in Campbell County.
The report of the co~mittee, which was favorable to the passage of the bill, was agreed to.
On the passag@ of the bill the Ayes were 31, Xays 0.
The bill having received the requisite constitutional majority was passed.
By l\lr. }loore of Ji"'ulton-
House Bill No. 756. .A bill to repeal Act incorporatitg Bolt01i, 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 31, Nays 0.

594

,Jm:RNAL oF THE SENATE,

The bill having receiYecl the requisite constitutional majority was passed.

By l\Iessrs. Hines and Riley of Sumter-
House Bill Xo. 773. A bill to amend the Charter of Americus.
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, Xa~s 0.
'rhc bill having _received the requisite constitutional majority was passed.

B: .Mr. Stone of Jeff DavisHouse Bill Ko. 798. A bill to amend Act creating
new charter for Hazlehurst, Ga.
The report of the conui1ittee, wl1ich was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 31, Xays 0.
The bill having received the requisite constitutional majority was passed.
By ~Iessrs. :Moore and Holloway of Fulton-
House Bill Xo. 812. A bill to amend charter of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, AUGUST 3, 1922.

595

On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite constitutional majority was passed.

B~T l\fr. Pruitt of Lumpkin-
House Bill :X o. 816. A bill to repeal Act abolishing Act placing Solicitor General of Northwestern Circuit on a fee 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 31, Xays 0.
The bill ha,ing received the requisite constitutional majority was passed.

By .Messrs. Hines ami Riley of Sumter-
House Bill Xo. 818. A bill to amen<.! several Acts granting corporal authority to City of Americus.
The report of the committee, which was favorable to the passage of the hill, \vas agTeed to.
On the passage of the bill the Ayes were 31, Xays 0.
The bill having received the requisite constitutional majority was passed.

By :\[r. Langford of Toombs-
Honse Bill No. 820. A bill to create new charter for c:ity of Vidalia.

596

JOL"RNAL OF THE SENATE,

The report of the committee, which was favorable to the passag-e of the bill, was ag-reed to.
On the passage of the bill the Ayes were ~3i, Xays 0.

The bill having received the requisite constitutional majority was passed.

Br Mr. Bozeman of Worth-
House Bill No. 827. A bill to amend charter of "rarwick.
The report of the committee, which was favorable to the passag-e of the bill, was agreed to.
On the passage of the bill the Ayes were 31, Xays 0.
The bill having- received. the requisite constitutional majority was passed.

By .Jiessrs. Houser and Jackson of Houston-
House Bill No. 849. A bill to place Solicitor General of Macon Judicial Circuit upon a salary.
'rhe report of the committee, which was fayorable to the passag-e of the bill, was ag-reed to.
On the passage of the bill the Ayes were 31, Nays 0.
The bill having- received the requisite constitutional majority was passed.

THuHSDAY, AunrsT 3, 1922.

.59'7

By Muscogee Delegation-

House Bill No. 860. A bill to provide for the extension of the corporate limits of City of Columbus.

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 receiwd the requisite constitutional majority was passed.

:\Jr. Palmour, Chairman of the Committee on Privileges of the ~,loor, submitted the following report:

J1r. PrPsideut:
Your Committee o11 Privileges of the Inoor 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:

By }1r. David-
Resolved that the priYilege of the floor be extended to Col. R. C. Johnson of Zebulon, Ga., Pike County, for 3 days.
J. E. PALMOUR, Chairman.
The following communication was read for the information of the Senate:

598

JOURNAL OF THE SENATE,

STATE OF GEORGIA: EXECUTIVE DEPARTMENT, ATLANTA, Ga.:
July, 31, 1922.

To the General Assembly of Georgia:
vVe have successfully passed through the suffer-
ings and dangers of War and have made progress toward overcoming the larger difficulties which have followed in its wake. We are still, however, in the transition state from general depression to prosperity and must do all in our power to create agencies and develop processes which will accelerate the transition.
In our section, one of the greatest needs is capital in small amounts, available to farmers and industrial workers.
Great numbers of our people feel that there is no way to profit by their possible savings, because too small to invest or even to deposit. Therefore, what could be saved, is wasted. Credit unions have been organized to salvage this capital and have proved wonderfully successful in Europe, Canada and twelve of our states, including Massachusetts, New York, North Carolina, South Carolina, Texas and other important states.
Credit Unions aecumulate capital by the issuance of shares, payable in eash or weekly installments which are quite small, varying from ten to twenty-

THURSDAY, AuGUST 3, 1922.

599

fin cents. Emphasis is placed entirely on the regularity of savings and the unit is so small that any one who earns may save a part of what he earns.
Iu Massachusetts, the membership of such Credit Unions iu 1920 was approximately 30,000, with assets of $4,000.000.00.
('redit Unions not only afford protection against loan sharks, but open up for the farmer sources of much needed creditfor financing and improving of farms.
The movement has been approved by many of our ablest aud Uiost thoughtful men, aud b~ banking, business and philanthropic institutions.
A bill is to be_ introduced in the Legislature to pe:::mit the organization of such unions in this State. This bill meets with my hearty approval and I hope that the Legislature will give it their most earnest consideration.
Respectfully submitted,
THOS. ,:V. HARDWICK,
Governor.

STATE OF GEORGIA, ExECCTIVE DEPARTMENT,
ATLANTA, August 1, 1922.
To the General Assembly of Georgia: I hand you herewith, as required by the Constitu-

GOO

J OURKAL OF THE SENATE,

tion of Georgia, report of the Board of Visitors to the University of Georgia.
Respectfully submitted, THos. \V. HARDWICK, Governor.

To the Honorable Board of 1'rustees1 University of Georgia.
Gentlemen: vVe beg to submit herewith our report for transmission to his l<]xcellenry, Ron. T"Bos. \V. Hardwick, Governor of Georgia.
The greatest need of the University at this time, as we interpret the situation, after personal interviews with the Chancellor, Deans and the heads of various departments, and after a careful and exhaustive examination of the buildings and grounds, . may be summed up as follov'.TS:

PHYSICAL EQLIPMEXT.
The outstanding need of the "CniYersity is enlarged physical equipment. The general air of the buildings is one of dilapidation, giving the University a poverty-stricken appearance. The situation is distressing, acute, almost tragic. Most of the high schools of the state, the preparatory schools and branches of the University have much better equipment than is to be found on the campus. With few exceptions, none of the buildings are new or adequate to the requirements. Certainly, they are not in keeping with the prestige and honorable career of

THrHSDAY, AuGUST 3, 1922.

601

the oldest state University in the United States. The committee on Buildii1gs and Grounds has done the best it could with the means at hand, and has worked hard to keep up appearances.

.:\Iore dormitory room is made imperative, not only by the increased enrollment, but by the attendance of women students in large numbers. Despite the fact that the attendance has increased from 400 to more than 1,400 in the past few years, not a single new dormitory has been provided in twenty years. We urgently recommend that dormitory accomodation be provided at the earliest possible date.
We recommend that the dormitories and buildings be painted, and that a heating plant be installed in the Chapel. We find that all the buildings on the campus are clean and neatly kept. This applies to tlw Chapter Houses as well.
In order to make the dormitories a fit place in which to live we point out the need for running water in the rooms and adequate bathing facilities.

ExTENSION WORK.
During the past few years a great dealhas been done through the Extension Division of universities in other states and the Agricultural College in this state. The University must be taken to the people. When the people of the State once realize that the University is their own, theirs to serve in every possible way, the foundation for a Greater University will have been laid. The high schools of the .state graduated this year 1,183 more students than

602

JovRNAL o:F THE SENATE,

in 19~1. The high schools are feeders for the University. In addition to the many thousands of people who would normally be reached and bnc:fited through the Department of Extension work, it is highly probable that a great number of these high school graduates who will be unable to attend the University, will be enabled to continue their studies through the Extension Division. The Department of Education, the School of Commerce, and the Extension Division of the State College of Agriculture are doing a splendid work, and we urge that their facilities for reaching more people be enlarged. We recommend that the Peabody Library be given facilities for extension work.

vVe recommend that more room and additional teaching force be provided in the School of Commerce, the Department of English, and the Department of Romance Languages, and that enla.rgedfacilities be given the Department of History and Economics.

GEOLOGY.
As another step in the progress of the University, a Department of Geology and Mineralogy has been created through the generosity of the General Education Board, the purpose of which is to give the University a larger part in the development of the natural resources of the State.

ScHOOL OP .TouRXALTsM: In connection with the School of Journalism, we.

THURSDAY, AUGUST 3, 1922.

603

recommend that a printing plant be established. By the installation of typesetting machines and printing equipment, the University could save thousands of dollars annually on its printing. Not only would this addition pron valuable for the training given the students and the moue~ saved, but a printing plant would offer the means of a self-help to a large number of deserving boys and girls.

ATHLETICt;.
\Ve favor and recommend the creation of a Department of Physical Education in the University. The calls from high schools for teachers trained to act as athletic coaches are numerous and insistent. Stricted regulation of athletics, that makes proficiency in scholarship a requisite to participation m sports, is a movement in the right direction.
I~FTIB1ARY.
It was a matter of great satisfaction to find the Infirmary so neatly and well kept. This institution fills an important place in the life of the University. It has proved a real blessing to the students. We recommend that an additional boiler be installed in the Infirmary for the purpose of furnishing heat.
AGRICULTL'RAL CoLLEGE.
Vlfe strong}~ recommend the purchase of certain lands and buildings adjacent to the tract of the College of Agriculture. \Yith the exception of about fifteen acres the C'ollege of Agriculture owns all the land on the college farm.

604

Jot:RKAL o.F THE SE:XATE,

The installation of a sprinkler system in the dormitory at the State College of Agriculture would give a much lower insurance rate, and would be a profitable investment. This Board .rinds the state of Georgi.a owns at the state College of Agriculture buildings and equipment worth approximately one million dollars. The property is inadequtttely protected from loss by fire. The extension of water mains, at a cost of about $25,000 would give proper fire protection.

vVe heartily approve the rec('nllnendl'ltion of Dr. Soule for an Enabling Act, providing for the employment of county agents and making it legal to pay the salaries of such agents out of the general tax levy.
The department of Horticulture informs this Board that with a slight increase in appropriation, scientific investigations that would be of great value to the country in time of war, could be carried on.

Sn:DEXT AcTIVITIES.
The student body of the University is composed of a splendid body of men and women. We find with much gratification that the students are applying themselves to a serious work in a studious, earnest manner. 'J"he heads of all departments have spoken in highest terms of the department of the students, and this we have found to be true after careful investigation. The religious atmosphere of the University is good, and beyond question the University of Georgia is one of the great moral forces of the state.

THuRSDAY, AuGUST 3, 1922.

605

Splendid-work bas been done by the Young Women's Christian Association, and the Young Men's Christian Association, and we commend the capable management of these organizations.

Co- JnucATIO~.

Co-education, this board is glad to report, is proving popular with both students and professors. The young ladies are among the best students, and they are fully justifying the wisdom of opening the University to women on the same basis as men. The scholarship of both men and "omen ranks high, and is a matter of favorable comment by the heads of all departments.

\VAR MEMORIAL Fu~n.

lt is a matter of great interest to all friends of the 1!nivetsity, and the cause of education in general, to know that the University of Georgia during the past fall raised more than a million dollars in the
vVar Memorial Campaign. Not only did the alumni
rally loyally to the call for help, but the general public subscribed liberally, and the General Education Board gave one hundred thousand dollars. Much of the credit for this forward-looking movement, which marks a new and better clay for the University, is clue to Mr. Harry Hodgson, who worked with unflagging interest and utmost loyalty. Mr. H oclgson deserves the thanks of the people of the entire state. While he was ably assisted, yet he is entitled to honor and praise for having put over a

606

JoeRNAL OF THE SENATE,

big movement in a manner that surprised even the most loyal supporters of the University. This campaign, designed to honor the many brave University of Georgia men who gave their lives in the World War, was really a campaign of education, and farreaching good is bound to follow.

CHAXCELLOR BARROW
If the rest of the world has lost its balance during the trying period of readjustment through which the country is passing, the University of Georgia has maintained its morale. A spirit of service everywhere prevails. Professors worked to the point of exhaustion, . do their duty without complaining. Students, denied by the state adequate rooming facilities, somehow find a hole in the wall and press forward. :Much of this spirit of loyalty and devotion is due to the leadership of Chancellor D. C. Barrow. A christian gentleman of the highest type, he is a leader who sees through the darkest cloud. Chancellor Barrow is the inspiration of the University, and it is the sincere wish of this board that the Greater University of the Future may be realized during his administration.

FINANCIAL SuPPORT.
It is easy for this Board to recommend more money for this or that purpose, hut getting the funds is another matter. What we have been concerned with most is trying to devise some plan to give the University proper financial support. It is childs play

THURSDAY, AuGUST 3, 1922.

607

for the General Assemblly to appropriate money with no funds in sight to pay the appropriation. More revenue cannot be raised, we believe, under the existing system of taxation.

lf the l.Jniversity is to continue to grow, it is imperative that more funds be provided. Unless this is speedily done the University will be forced by the logic of events to occupy a second or third rate position. The best brains of the state, the most patriotic service, the broadest statesmanship should be used to work out a solution to this problem. Upon education depends civilization itself. So momentous is the task involved, so far-reaching the result, that this board has ventured to suggest that all other plans and purposes for the time being should be made secondary to that of securing adequate funds for the proper maintenance of the higher institutions of learning.
lt may be pointed out that most of the towns and cities of the state han been able to provide proper school facilities only by voting bonds.
This board congratulates the University and Dr. H. C. white upon his fifty years of distinguished service to the l:"ni-versity and to the state.
The board desires to congratulte Professor J oscph Lustrat on the signal honor that has come to him in being named by the French government as '' Officier d 'Acadamie. ''
\Ve wish to call especial attention to the fact that every courtesy, kindness and consideration has been

608

JocRNAL OF THE SENATE,

shown this board, and information bas been given freely and cheerfully by the Chancellor, Deans and the heads of the various departments.

Respectfully submitted, R. E. BRooKs, Chairman, E. "R. HORTON' LUTHER ELROD, J. D. JONES, Secretary, Board of Visitors.

The following bills were read the :first time and referred to Committee:
By Mr: DaYison-
Senate Bill No. 291. A bill to repeal Act creating Houston County Board of Commissioners of Roads and Revenues.
Referred to the Committee on Counties and County Matters.

B~ Mr. \VohlwenderSenate Bill No. 292. A bill to allow municipalities
to appoint recorder pro-tem. Heferred to Committee on Corporations.
B~ Mr. ClaySenate Bill No. 293. A bill to prescribe the bill of
eosts in cases carried to the Supreme Court.

THURSDAY, AUGUST 3, 1922.

609

Referred to the Committee on General Judiciary No.2.

By Mr. Davison-
House Bill No. 294. A bill to Create a board of County Commissioners for Houston, Ga.
RPferred to the Committee on Counties and County Matters.

By .Mr. PeacockSenate Bill No. 295. A bill to create a new charter
for Eastman, Ga.
Referred to the Committee on Corporations.

By :\Ir. Manson-
Senate Bill No. 296. A bill to amend Code relative to appointment of a testamentary guardian.
Referred to the Committee on Special Judiciary.

By i\Ir. Manson-
Senate Bill No. 297. A bill to reg-ulate the sale of stocks of goods.
Referred to the Committee on Commerce and Labor.

By Mr. Manson-
Senate Bill No. 298. A bill to amend Code which provides who shall be the natural guardian of a minor child.
Sig. 20-Senate

610

Jot;R:XAL oF THE SENATE,

Referred to the Committee on Special .Judiciary.

By Mi. MansonSenate Bill Ko. 299. A bill to amend Code provid-
ing for the appointment of guardian for minor.
Referred to the Committee on Special Judiciary.

By .Mr. MansonSenate Bill No. 300. A bill to repeal Section 4464
relative to abducting or harboring wife.
Referred to the Committee on Special Judiciary.
By Mr. Manson-
Senate Bill No. 301. A bill to repeal Sec. 4467 of Code relative to selling liquor to minor.
Referred to the Committee on Special Judiciary.
Mr. Walker of the 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report:
Mr. President : Your Committee on Appropriations and l!'inance
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 by substitute as amended, to-wit :
Senate Bill No. 22S. B. F. WALKER, Chairman.

THURSDAY, AuGUST 3, 1922.

611

Mr. Fleming of the 8th, Chairman of the Committee on University of Georgia, submitted the following report:

Mr. PPesiden.t :
Your Committee on University of Georgia 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. 474.
Honse Bill No. 554.
FLEMING of the 8th, Chairman.

Mr. Wohlwender, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Jl r. P r-.esident :
Your Committee on Constitutional Amendments 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:
Se11at~ Bill X o. 284. Savannah Port Bill.
Respectfull)' submitted,
Eo WoHLWENDER, Chairman.

612

JouR~AL OF THE SENATE,

Mr. B. F. Walker, of 18th, ( 'hairman of the Committee on Appropriations and Fin.ance, submitted the following report:

J.ltf-r. Pt,esident:
Your Committee on Appropriations and Finance has had under consideration the following Resolutions of the House and Senate aml 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 No. 149.
Senate Resolution No. 92.
\VALKER, Chairman.

Mr. Foy, Chairman of the Committee on Game and Fish, submitted the following report:
Your Committee on Game and Fish 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 not pass, towit:
House Bill No. 679.
House Bill No. 577.
House Bill No. 750.
J. E. FoY, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

THrRSDAY, AualJST 3, 1922.

613

JJ{r. Proe:;ident:
Your Committee on Special Judiciary 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. 280.

GoLUCKE, Chairman.

~Ir. Richards, <_ 'hairman of the Committee on Counties and County Matters, submitted the following report : .

Jlr. President:
Your Committee on Counties and County Matters 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:

House Bill No. 785. House Bill No. 817. House Bill No. 746. Senate Bill No. 278.
l\Ir. Jones of 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 in-

614

.TOURNAL OF THE SENATE,

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. 826.
House Bill No. 799.
JoHN H. JoNEs, Chairmau.

The following bills and resolutions of the House and Senate, favorably reported, were read the second time.

By Mr. Pope-
Senate Resolution No. 92. A resolution appointing a committee relative to payment of Confederate Pensions.

By Mr. Sheffield-
Senate Bill No. 278. A bill fixing term of office of Board of Commissioners of Roads and Revenues of Early County.
By Mr. Sheffield-
Senate Bill No. 280. A bill to provide manner in which defendants may demand indictments in City Court of Blakely.
By Mr. McMichael of MarionHouse Resolution No. 149. A resolution appoint-
ing a Committee to investigate the State Highway Department.

THURSDAY, AuousT 3, 1922.

615

By Messrs. Holloway and Bentley of Fulton-

House Bill No. 554. A bill to authorize Trustees of Georgia Tech to collect a reasonable tuition.

By Mr. Dixon of Jenkins-
House Bill No. 746. A bill to amend Act establishing a board of Commissioners of Roads and Revenues for Jenkins County.

By Messrs. McClure and Jones of Walker-
House Bill 7815. A bill to give Commissioners of Roads and Revenues in Walker County certain authority.

By Messrs. Beck and Smith of CarrollHouse Bill No. 799. A bill to amend charter of
Bowden, Ga.
By :Yiessrs. McClure and Jones of WalkerHouse Bill No. 817. A bill to amend Act abolish-
ing Board of Roads and Revenues and creating a Board of Commissioners for Walker County.
By Mr. Byrd of CrispHouse Bill No. 826. A bill to amend Act creating
new charter for town of Arabi.
The following message was received from His Excellency the Governor, through his Secretary, :M:r. McCurry:

616

JouRNAL OF THE SENATE,

Mr. PreSJident:
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.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. PreSlident :
Your Committee on Privileges of the Floor, has had under consideration the following resolutions 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:

By Mr. BellahA resolution extending to Hon. J. M. Rose of Chat-
tooga Collnty the privileges of the floor for two days.
By :Mr. PopeResolved that the priYileges of the floor be extend-
ed to Hon. T. A. Cochran of LaFayette for 2 days. J. E. PALMOUR, Chainnan.
The .following message was received from the House through :Mr. :Moore, the Clerk thereof:
Mr. President:
The House has concurred in the Senate amendment to the following bill of the House, to-wit:

THURSDAY, AuGUST 3, 1922.

617

House Bill No. 638.
The Speaker has appointed as a committee on the part of the House, to act with the committee from the Senate as a Joint Conference Committee to consider the free school book question, the following members of the House.
Messrs. Beck of Carroll, Gresham of Burke, Foy of Taylor.

Under the head of unfinished business the following bill was taken up for consideration:

By Mr. Cone-
Senate Bill No. 226. A bill to substitute a Board of Control of 5 members for the different Board of Trustees of the University of Georgia.
Mr. Snow moved that the Senate stay in session until a vote is taken on this bill and the motion prevailed.
Mr. David moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 10 o'clock.

618

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.

August 4th, 1922.

The Senate met pursuant to adjournment at 10 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. vVohlweuder gaYe notice that at the proper time he would move that the Senate reconsider its action in passing House Bill Ko. 860.
l\Ir. Foy, Chairman of the Committee on J ouruals reported that the J ourna1 of yesterday's proceedings had been examined and found correct.
.Mr. Wohlwender moved that the Senate reconsider its action on yesterc:Jay in passing House Bill No. 860 and the motion prevailed.
The following message was received from the House j:hrough Mr. Moore, the Clerk thereof:

Mr. President:
The House has read and adopted the following resolution of the House, to-wit:
House Resolution Xo. 213. A resolution accepting the invitation of the City of Brunswick to inspect City and Prospective Terminal.

FRIDAY, AuGusT 4, 1922.

619

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

Mr. PreSJident:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
House Resolution No. 204. A resolution providing for election of members of Board of Commissioners for Jones County.
The following message was received from the House through 1\fr. Moore, the Clerk thereof:

Mr. PreSJident:
The House has passed by the requisite constitutional majority the following bills of the Senate, towit:
Senate Bill No. 258. A bill to amend Act establishing Board of Commissioners of Roads and Revenues for walker County.
The following message was received from the House through ~fr. Moore, the Clerk thereof:

.:.11r. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 894. A Bill to amend the charter of the City of Marietta.

6~0

JOURNAL OF THE SE~ATE,

House Bill No. 897. A bill to amend the charter of the City of East Point.

House Bill No. 898. A bill to amend charter of City of Thomasville.

House Bill No. 899. A bill to amend the charter of Cedartown.

House Bill No. 902. A bill to establish a Board of Commissioners of Roads and Revenues for the County of Habersham and Lowndes.
The following messagc was received from the House through I\lr. l\1oorc, the Clerk thereof:

ill r. P1es-ident:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 871. A bill to amend the charter of the City of Augusta and Acts of the General Assembly of the State of Georgia, creating a Board of Health for the City of Augusta.
House Bill ~o. tl/6. A bill to amend au Act a1r proved July 31, 1915, knowu as the "Tattnall" Board of Commissioners created," approvPd August 17, 1917.
House Bill No. 880. A bill to amend an Act entitled "An Act" to establish a ne''T charter for the City of Jeffersonville.

FRID;\Y, AuGUST 4, 1922.

621

House Bill No. 884. A bill to amend au Act to create a Board of Commissioners for the County of Morgan.
House Bill. No. ~~6. A bill to amend an Act to create the office of Commissioners of Roads and Revenues for Pulaski Count~-.
House Bill No. 888. A bill to amend an Act fixing salary of Treasurer of Pulaski County.
The following message was recei;-ed from the House through l\Ir. l\Ioore, the Clerk thereof:

Mr. P residen t :
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. ~21. A bill to amend Paragraph 1, Section 13 of Article 6 of the Constitution of Georgia, regulating the salaries of the Judges of the Superior Courts.
House Bill i\ o. 83-:1-. A bill to amend an Act to incorporate the Town of Greensboro.
House Bill K o. ~42. A bill to amend the charter of the City of j{acon.
House Bill 1\ o. 83. A bill to permit the County of Bibb to support the Macon Hospital.
House Bill No. 845. A bill to amend au Act establishing and creating a new charter for the town of Austell.

622

JOURNAL OF THE SEJNATE,

House Bill K o. 766. A bill to amend. Paragraph 1, Section 13, Article 6, in so far as said paragraph relates to salary of the Judge of the Superior Court of the Judicial Circuit in which is located the County of Richmond.

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

Mr. Pres'ident:

\

passed~y The House has

the requisite constitu-

tional majority the following bills of the House, to-

wit:

\

House Bill .No. 722. A ~ill to amend the charter
of the City of Augusta.

House Bill No. 782. A bill to create a new charter for the l ity of Gainesville.

House Bill No. 877. A bill to amend an Act approved July 31, 1915, known as "Tattnall Road Law adopted.''

House .Bill K o. 887. A bill to amend an Act crea ting a new charter for the city of Hawkinsville.

House Bill ~ o. 896. A bill to amend the charter of Bast Point by providing Civil .Service in Police Department.

House Bill No. 758. A bill to amend an Act and amendatory Acts creating a charter for the City of College Par.k.

li,RIDAY, AuGUST 4, 1922.

623

By unanimous consent the reading of the Journal of yesterday.'s proceedings was dispensed with.

Mr. Ellis asked unanimous consent that all Senators ha--;ing 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 refetred to Committees:

By :Mr. Taylor-
Senate Bill Xo. 30~. A bill to amend Act creating new charter for Alma; Ga~
Referred to Committee on Corporations.

By Mr. Ellis-
Senate Bill No. 303. A bill to amend Act creating new charter for Tifton, Ga.
Referred to the Committee on Corporations.

By l\f r. Jones of 6thSenate Bill Xo. 304. A bill to amend Act incor-
porating City of Valdosta. Referred to the Committee on Corporations.
By Mr. Fleming of 8thSenate Bill No. 305. A bill to prohibit using of
boat by other than owner. Referred to the Committee on Game and Fish.

624

JouRNAL oF THE SENATE,

By Mr. Manson-
Senate Bill No. 306. A bill to establish kindergartens in public schools of this State.

Referred to the Committee on Education.

By Mr. Hutchens-
Senate Bill No. 308. A bill to amend Act creating a Board of Commissioners of Roads and Revenues for Haralson County.
Referred to the Committee on Counties and County Matters.

By .Mr. ChildsSenate Bill l\ o. 309. A bill to provide for teach-
ing of constitution of United States and Georgia in Public Schools.
Referred to the Committee on Education.
B; .Mr. MansonSenate Bill X o. 310. A bill to determine boundary
line between Georgia and South Carolina. Referred to the Committee on Special Judiciary.

B;c 1\Ir. Manson-
Senate Bill :No. 311. A bill to provide for teaching of constitution of State of Georgia in Public Schools.
Referred to the Committee on Education.

FRIDAY, AuGUST 4, 1922..

625

By .Mr. Lassiter-
Senate Bill No. 307. A bill to amend constitution relative to those who are registered to vote.
.Referred to the Committee on General Judiciary No.1.
'rhe following House bills were read the first time and referred to committee:

B~ Richmond Delegation-
House Bill :.Io. 871. A bill to amend charter of City of Augusta.
Referred to the Committee on Corporations.

B:- Richmond Delegation- .
Heuse Bill ~ o. 766. A bill to amend constitution
rela tin to salar~' of Judge of Superior Court of
.Judicial Circuit in which is located the County of Richmond.
Referred to the Committee on Special Judiciary.

B~ Bibb DelegationHouse Bill X o. 8-2. A bill to amend charter of
( 'ity of Macon.
Referred to the Committee on Corporations.

By Fulton Delegation-
House Bill No. 897. A bill to amend charter of City of East Point.

626

.JOURNAL OF THE SENATE,

Referred to the Committee on Corporations. By Bibb Delegation-
House Bill No. 843. A bill to permit County of Bibb to support Macon Hospital.
Referred to the Committee on Counties and County Matters.

By ~Iuscogee Delegation-
House Bill No. 821. A bill to amend constitution regulating the salaries of the Judges of the Superior {'ourts.
Referred to the Committee on Constitutional Amendments.

B~ Fulton Delegation-
House Bill No. 896. A bill to amend the charter of Ji~ast Point.
Heferre{l to the Committee on Corporations.

By Fulton Delegation-
House Bill No. 758. A bill to amend Act creating chnrter for city of College Park.
Referred to the Committee on Counties and Count~ Matters.

R~ Richmond Delegation-
House Bill No. 722. A bill to amend charter of City of Augusta.

FRIDAY, ...._\uausT 4, 1922.

627

Referred to the Committee on Corporations.

By Messrs. Whitaker and Webb of Lowndes-
House Bill No. 902. A bill to amend Act establishing Board of Commissioners of Roads and Revenues for County of Habersham and Lowndes.
Referred to the Committee on Counties and County Matters.

Bv Messrs. Duncan and Langford of Hall. House Bill No. 782. A bill to create new charter
for Gainesville, Ga. Referred to the Committee on Corporations.

By Mr. Coates of Pulaski-
House Bill No. 886. A bill to amend act creating the office of Commissioner of Roads and Revenues for Pulaski County.
Referred to the Committee on Counties anc1 County l\Iatters.
By Mr. Holland of TattnallHouse Bill No. 876. A bill to amend Act known
as 'Tattnall Board of Commissioners." Referred to the Committee. on Counties and
County Matters.

By Mr. Holland of Tatnall-
House Bill No. 877. A bill to amend Act known as "Tattnall Road Law Adopted."

628

JouRNAL oF THE SENATE,

Referred to the Committee on Counties and ('ounty Matters.

By Mr. Wood of Twiggs-
Hause Bill Ko. 880. A bill to amend Act creating new charter for the City of Jeffersonville.
Referred to the Committee on Corporations.

B~- Mr. Baldwin of Morgan-
House Bill No. 884. A bill to amerid Act creating Board of Commissioners for the County of Morgan.
Referred to the Committee on Counties and Count~' :Matters.
By 'Messrs. Gann and Dobbs of CobbHouse Bill K o. 894. A bill to amend charter of
~[arietta.
Rl"ferred to the ( 'ommittee on Corporations.
By :\leRsrs. Dobbs and Gann of CobbHouse Bill No. 845. A bill to amend Act creating
new charter for town of Austell. Refened to the Committee on Corporations.

B: Mr. Macintyre of ThomasHouse Bill Ko. 898. A bill to amend charter of
Thomasville.
Heferred to the Committee on Corporations.

FRIDAY, AuGUST 4, 1922.

629

By ~ir. Coates of Pulaski-

House Bill No. 887. A bill to.amend Act creating new charter or Hawkinsville.

Referred to the ( 'ommittee on Corporations.

By Mr: Mundy of PolkHouse Bill Xo. 8H9. A bill to amend the charter
of Cedartown.
Referred to the Committee on Corporations.

B~ :Jlr. GreeJJL' of .Jones-
House Resolution No. 204. A resolution to provide for the election of more than one member of Board of Commissioners of Roads and Revenues of J one~ County.
Referred to the Committee 011 Counties and County Matters.

By Mr. Boswell of Greene-
House Bill No. 834. A bill to amend Act incorporating Tow11 of Greensboro.
Referred to the Committee on Special Judiciary.

By ~Ir. Coates of Pulaski-
House Bill Xo. 888. A bill to amend Act fixing salary of Treasurer of Pulaski County.
Referred to the Committee on Counties and Qou11t~ -:\Iatters.

630

J OURKAL OF THE SENATE,

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

11l 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 recommendation that the same do pass, to-wit:
House Bill No. 854.
GoLUCKE, Chairman.

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 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. 779.
GoLUCKE, Chairman.

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 bills of the House

FRIDAY, AUGUST 4, 1922.

631

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. 781. House Bill .0J o. 80. House Bill Ko. 841.
GoLUCL\E, Chairman.

Mr. Jones of 37th, Chairman of the Committee on Corporations, submitted the following report:

Jl r. 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 Bill No. 295.
Respectfully submitted,
JoNES of the 37th, Chairman.

Mr. Wohlwender, Chairman of the Committee on Amendments to Constitution, submitted the following report :

Jlr. Presidfuf:
Your Committee on Amendments to Constitution has had under consideration the following bills of the Senate and instructed me, as their Chairman, to

632

JouRNAL oF THE SENATE,

report the same back to the Senate, with the recommendation, to-wit:
Senate Bill No. :2. Removal of capitol. Do not pass.
Senate Bill Ko. 249. As to school tax. Do pass.
Senate Bill No. 235. As to tax receiver. Do pass. ED WoHLWENDER, Chairman.

.Mr. Lassiter, Chairman of the Col11111ittee on General Judiciary No. 1, submitted the following report:

Jl r. Prf'sidl'.n t:
Your Committee on General J mliciary 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 by substitute, towit:
Senate Bill No. 209.
Senate Bill No. 221.
LASsiTER, Chairman.

Mr. Richards, Chairman of the Committee on County ~nd County Matters, submitted the following report:

1.,1r. President: Your Committee on County and County Matters

FRIDAY, AUGUST 4, 1922.

633

has had under consideration the following bills of th~ 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. 291. Senate Bill No. 294.

Respectfully submitted,

RICHARDS, Chairman.

Mr. David, Vice-Chairman of the Committee on Banks and Banking;, submitted the following report:

ill r. President:
Your Committee on Banks and Banking 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. 277.
House Bill No. 801.
Senate Bill No. 240. As amended.
Respectfully submitted,
A. B. DAvrn, Vice-Chairman.

The following bills, favorably reported, were read the second time:

634

JouRNAL OF THE SENATE,

By Mr. Snow-
Senate Bill X o. 209. A bill to repeal Act abolishing fee system in Southern Judicial Circuit.

By Mr. Snow-
Senate Bill .No. 221. A bill to abolish fees accruing to the Office of collector General in Southern Judicial Circuit.

By Messrs. David and Clay-
Senate Bill No. 235. A bill to consolidate the office of County Tax Collector and County Tax Receiver in this State.

By Mr. EllisSenate Bill No. 249. A bill to authorize the
authorities of Municipal corporations to make agreement for instruction of children.
By Mr. BrownSenate Bill No. 277. A bill to make Crawford, Ga. a State Depository.

By Mr. DavisonSenate Bill No. 291. A bill to repeal Act creating Houston Board of Commissioners of Roads and Revenues.
By Mr. Davison-
Senate Bill No. 294. A bill creating a Board of County {'ommissioners for Houston County.

FRIDAY, Au~;n 4, 1922.

635

By Mr. Peacock-

Senate Bill No. 295. A bill to create a new charter for Eastman, Ga.

B~T Mr. Lankford of Toombs-
Honse Bill No. 841. A bill to establish City Court of Lyons, Ga.

By Mr. Lankford of Toombs-
Honse Bill Xo. 840. A bill to abolish City Court of Toombs County.

By Mr. Collier of StephensHouse Bill No. 779. A bill to change the time of
holding the Superior Court of Stephens County.
By Mr. Phillips of JasperHouse Bill No. 781. A bill to amend Act provid-
ing for payment of cost in misdemeanor cases in cer- . tain counties.
By Messrs. Hyman and Hawkins of WashingtonHouse Bill Ko. 854. A bill to amend Act creating
City Court of Sandersville.
By Mr. Holland of TattnallHouse Bill No. 801. A bill to make Collins, Ga., a
State Depository. Mr. Golucke, Chairman of the Special Committee

636

JouR~AL OF THE SENATE,

appointed under Senate Resolution No. 78, to provide a source of revenue to pay Confederate pensions, and to draft the necessar~' tax bills, submitted the following report:

ATLAN:TA, GA., August 1, 1922.
To the President of the Senate and to the Speaker of the Hiouse:
\Ve, the undersigned members of the committee, appointed under Senate Resolution No. 78, to provide a source of revenue to pay confederate pensions, and to draft the necessary tax bills for the levy and collection of a tax on luxuries, embodying the ideas contained in said Senate Resolution, beg leave to submit the following report:
1. All tax bills introduced in pursuance of this resolution, after having been drafted by this committee, shall be known as "Taxes to Pay Confederate Pensions.''.
2. We recommend that a tax be levied, equal to ten per cent on the sales. price of all tickets to moving picture houses, and places of similar amusement, boxing matches or ring contests, concerts, professional baseball and football games, and that a ta..x be levied equal to ten per cent of all amounts paid for the privilege of engaging in the amusements and luxuries conducted in pool rooms, dance halls, shooting galleries, and places of similar amusement.

3. We further recommend that a tax be levied, equal to twenty per cent. on the sales price of all

FRIDAY, AuGUST 4, 19~2.

637

soft drinks, when made from a combination of syrup, extracts, or flavoring matter, together with plain or carbonated or mineral water; and that a tax be levied equal to twenty per cent. on the sales price of all near beer and imitations of beer, and of all bottled waters, and mineral waters, sold by soda fountains, or dispensed over the counter. This recommendation includes all bottled drinks and bottled waters.

4. vVe further recommend that a tax of one mill
be levied for the privilege of recording, notes, mortgages, bills of sale, security deeds ~nd all other security papers, said tax to be paid by the payee of said paper to the Clerk of the Superior Court when the same is offered for record.

5. Attached hereto and marked exhibits 1, 2 and 3, are bills providing for the levy and collection of the taxes recommended in sections 2, 3 and 4 hereof.
6. ln presenting the foregoing report this committee has acted in pursuance of the provisions of the said Senate Resolution No. 78. Yet this committee takes this opportunity to say that if the State of Georgia would adopt a sound, equitable, and adequate plan of taxation, it would be unnecessary to engage in the taxation of special businesses, amusements and pleasures, which are already heavily and perhaps unjustly burdened with taxation, as the recommendations of this report call for. And this committee most earnestly recommends that such a sound, equitable and adequate plan of taxation be adopted by the State as early as possible, that the special

638

JquRNAL OF '['HE SENATE,

taxes hereinbefore recorp.mended may be repealed at the earliest practical moment.

Respectfully submitted, GoLUCKE of 19th Dist., HoLLINGSwoRTH of 17th Dist., A. C. RouNTREE, CuLPEPPER of Fayette, BIRD of Taliaferro.

A BILL
To be entitled: An Act to require persons, firms, associations, and corporations, operating motion picture shows and places of similar amusement, boxing matches or ring contests, concerts, professional baseball and football games, pool rooms, dance halls, shooting galleries and places of similar amusement, to pay an occupation tax, to make returns, to provide penal'ties, and for other purposes.
1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That persons, firms, associations, and corporations, operating motion picture shows and places of similar amusement, boxing matches or ring contests, concerts, professional baseball and football games, pool rooms, dance halls, shooting galleries and places of simil'ar amusement, for gain, in this State, shall pay an occupation tax of one cent on each ten cents or fraction thereof, paid for tickets, or ad-

FRIDAY, AuGUST 4, 1922.

639

mission, or for the privileges, of such shows or exhibitions.

2. That every such person, firm, association or corporation, shall make to the Comptroller-General of this State, monthly returns of such tax, and pay the same on the first of each month for the preceding month, the first of said returns to be made on October 1, 1922, and to embrace said tax from the date of this Act to said date, and each succeeding return to embrace the tax for the preceding month.

3. Be it further enacted by the authority aforesaid that any person, firm, association or corporation failing to make such returns and to pay said tax shall for each offense be guilty of a misdemaanor, and punished as prescribed in Section 1065 of the Penal Code.

4. All taxes collected under the provisions of this Act shall be paid into the State Treasury and by it shall be paid as a fund for the payment of pensions to Confederate Soldiers, until all pensions for Confederate Soldiers for each calendar year shall be paid in full, when the overplus, if any, shall be turned by the Treasury into the general fund, and then held subject to the payment of general appropriations.

5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act are hereby repealed.

640

JOURNAL OF THE SENATE,

A BILL

To be Entitled: .An Act to Require all retail vendors or dispensors of soft drinks, whether in glass or in bottle, bottled waters, mineral waters, and other waters sold at soda founts, to pay an occupation tax, to register, to make monthly returns, and payment of said tax, to provide penalties, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that each vendor or dispensor of soft drinks, whether in glass or in bottle, bottled waters, mineral waters, or other waters sold at soda fountains, as hereinafter defined, shall pay an occupation tax for each five cents or fraction thereo.f, paid to such vendor or dispensor for such drinks.

SEcTION 2. Be it further enacted by the authority aforesaid, that soft drinks, as herein used, mean all beverages commonly known as soft drinks, such as orangeade, orange crushes, lemonade, limeade, pineapple juice, coca cola, chero cola, root beer, bevo, moxie, phosphates, fruit and flavoring syrups, compounded or mixed with plain or carbonated water, milk or malted milk shakes in any form, cream and egg shakes, ice cream, ice cream sodas, ice cream sundaes, ice cream sandwiches, ice cream cones, and all similar drinks. This list is not intended to be complete, but merely illustrative of the beverages falling within the meaning of soft drinks. This list includes drinks served in bottle as well as in glass, and also

FRIDAY, AuGUST 4, 1922.

641

bottled waters, mineral waters, and other waters sold at soda founts.

SEcTION" 3. Be it further enacted by the authority aforesaid, that each vendor or dispensor of soft drinks or waters as hereinbefore described, in this State, shall register by the first 1Ionday in October, 1922, with the ordinary of each county in which he does business, in a well-bound book to 'be kept for that purpose, by signing his name and giving his place of business, post office, address, and date of registering.

Sr:cnox 4. Be it further enacted by the authority aforesaid, that each vendor or dispensor of soft drinks or waters as hereinbefore described, shall make sworn monthly returns to the Comptroller-General of this State of all such occupation tax due by him, and pay the same at the time of making such returns. The first of such returns shall be made on or before October 1, 1922, and shall embrace all of such tax due between the date of this Act and the time of such return. Such returns shall be sworn to by some officer authorized by law to administer oaths.
S.EcTION 5. Be it further enacted by the authority aforesaid, that any vendor or dispensor who shall fail to register, make said returns, or pay said tax when due, shall be guilty of a misdemeanor, and on conviction punished as provided in Section 1065 of the Penal Code of this State; and any vendor or dispensor who shall make a false sworn return shall be guilty of false swearing and punished as provided in Section 26~ of the Penal Code of this State.
Sig. 21-Senate

642

JouRNAL OF THE SENATE,

SECTION 6. Be it enacted by the authority aforesaid, that the Comptroller-General of this State shall issue an execution for such tax whenever any vendor or dispeusor fails to pay the same, which shall be levied and collected as other tax executions issued by him are enforced.

SECTION 7. . .\.11 taxes collected under the provisions of this Act shall be paid into the State Treasury and by it shall be held as a fund for the payment of pensions to Confederate Soldiers, until all pensions for Confederate Soldiers for each calendar year shall be paid in full, when the overplus, if any, . shall be turned by the Treasury into the general fund, and then held subject to the payment of general appropriations.

SECTION 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this .\ct are herebr repealed.

A BILL
To be Entitled: An Act to require the payees or holde1s of all notes, mortgages, bills of sale, security deeds, and all other security papers, when offering same for record, to pay a privilege tax for recording same, to require monthly returns of said tax so collected by the Clerk of the Superior Courts, to provide penalties for the holders or payees collecting said tax from the maker of said security paper,to provide penalties for failure of the Clerk of the Superior Court to make returns

FRIDAY, AuGUST 4, 1922.

643

to the Comptroller-General, and for other purposes.

SEcTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the payee or holder of any note, mortgage, bill of sale, security deed, or other security paper, when offering the same for record, shall pay a tax of one mill upon the principal sum promised to be paid in said note, mortgage, bill of sale, security deed, or other security paper, to the Clerk of the Superior Court where the same is offered for record, for the privilege of recording the same.
SECTION 2. Be it further enacted by the authority aforesaid, That on the first :Monday in October, 1922, and on the first Monday in each and every month thereafter, the Clerk of the Superior Court in each county in this State shall make a return to the Comptroller-General of this State of all taxes provided for in this Act collected by him, and shall remit all of such taxes provided for in this Act and collected by him to the Treasury of this State on said date.
SECTION 3. It shall be a good and valid defense to the collector or foreclosure of any note, mortgage, bill of sale, security deed, or other security paper, that the holder or payee of the same required the maker thereof to pay the tax for the privilege of re cording the same.
SEcTION 4. Be it further enacted by the authority aforesaid, That any Clerk of the Superior Court who

644

,JOURNAL OF THE SENATE,

shall fail to make remittance to the State Treasury, ~s provided for in this Act, or who shall fail to make the report called for in this Act to the ComptrollerGeneral, shall be guilty of a misdemeanor, and on conviction shall be punished as provided in Section 1065 of the Penal Code.
SEcTION 5. Be it further enacted by the authority aforesaid, That no note, mortgage, bill of sale, security deed or other security paper, shall be entitled to be recorded until the tax required by this Act shall have first been paid.
SECTION 6. All taxes collected under the provisions of this Act shall be paid .into the State Treasur"y and by it shall be held as a fund for the payment of pensions to Confederate Soldiers, until all pensions for Confederate Soldiers for each calendar year shall be paid in full, when the overplus, if any, shall be turned by the Tre~sury into the general fund, and then held subject to the payment of general appropriations.
SECTION 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed.
The following report of the Committee on the Georgia Academy for the Blind was read for the information of the Senate:
STATE OF GEORGIA: SENATE CHAMBER, ATLANTA.
We the members of committee who visited

FRIDAY, AuGUST 4, 1922.

645

Academy for Blind approve the report herewith attached.
R. 0. TARPLEY, 36th. J. LEoNARD RouNTREE, 16th.
c. H. PEACOCK, 48th.
E. B. STOVALL, 32nd. J. E. DAVISON, 23rd. J. B. JACKSON, 21st.
c. L. RIDLEY, 28th.
R. H. HoLMEs, 22nd. Chairman.

REPORT OF SENATE COMMITTED ON IN.SPECTION OF GEORGIA ACADEMY FOR THE BLIND
On June 7th the above committee went over the property of the State of Georgia known as the Academy for the Blind, and situated in Macon, Georgia, and we beg to submit the following report.
The Grounds are beautiful and well kept. The building is in fairly good repair. In some places the plastering has fallen. This should be repaired and the interior re-kalsomined and repainted. We find
. that the interior of the building and all wood work .
has had no attention since the construction of the building and the preservation of the State's property demands that the above recommendations be complied with at once.
The heating plant requires new valves to radiators, new flues and grate bars in one boiler, and a new engine or the old one should be worked over.

646

J OUl:tNAL OF THE SENATE,

Some ne\V furniture for bedrooms and dormitories is needed.
Bed furnishings, table linens, table ware, kitchen furnishings and a new stove are required.
Several new pianos are needed.

Some of the plumbing should be replaced and some repaired.

Gutters and downspouts have rusted out and should be replaced.

As a means of safety in the event of fire, \Ve would recommend that iron and concrete stairways be put in dormitories.
l1~or the pleasure and comfort of the children we would suggest that a swimming pool to equipped.

New floor covering is needed for halls and arcade.
li~or the Colored School we would recommend that the plastering be repaired, walls kalsomined, and all wook work inside and out, be painted. The porches at this school have practically fallen down. These should be rebuilt before the next school term. We also recommend that a fuel house and a building for the shop and laundry be built.
Heating plant should be installed and the plumbing replaced with more modern and sanitary equipment.
Some bed furnishings and also some kitchen and dining t"oom furnishings are needed.

FRIDAY, AUGUST 4, 1922.

647

Both of these pieces of property, white and colored schools are magnificently situated and is valuable property, yet, due to the fact that for sixteen years there has been nothing appropriated or spent in the up-keep of this property, it is readily seen that some repairs are required and we heartily recommend that enough money be set aside to meet the cost of these repairs at an early date. This is one of the few institutious within the State that has never exceeded its appropriation but has lived absolutely on whatever appropriation the Legislature has seen fit to provide. We believe that the institution is in good hands, and that the Superintendent, Mr. G. F. Oliphant, is an efficient, Christian, gentleman. We have no criticism to make of his management except that he has done the best possible under the circumstances. The Board of Trustees is composed of men of sound business ability and men who are interested in the institution and who have managed its affairs in a manner beyond reproach. We believe that it is due to their management that the school has never exceeded its appropriation.

vVe found the children well cared for. They were happy and content. The Teaching force is composed of instructors who have had several years experience and all have had normal training.

Their work appears to be perfectly satisfactory. There were sixty-five children, fifteen of whom were in the first grade, and taught by Miss Emma Jones a blind teacher whose life has beeR spent at this institution both as pupil and teache:r. The second grade

648

JouRNAL OF THE SENATE,

with 8 pupils and the third with 10 are taught by Miss Emma Turner. The Fourth and Fifth grades with 12 pupils are taught by Miss Blanks. The Seventh and Eighth grades with 12 pupils, by Miss Wallace. The ninth and tenth grades with 8 pupils are taught by Miss Stokes. The Music Department is conducted by Prof. MeNeil, and his work is to be commended.

Some Manual Labor is taught and we recommend that more of this kind of work be done.
There is also a class in typewriting doing very satisfactory work.

. We also recommend that the kitchen and dining rooms and pantry be oYerhauled, painted and screened at once.
\Ve found the Hospital Building to be modem in every respect, and we are glad to report that it is very seldom that this part of the institution is ever in operation. The health of the children is rather remarkable for an institution of this kind.
vVe arrived at meal time and without the knowledge of the Superintendent or his staff, and immediately looked over the dining room, kitchen and food. We foun.d the food clean and well cooked, well selected and plentiful and nicely served. All children say that the food is always plentiful and palatable.
The Colored School consisting of about forty-five pupils appears to be humanely and intelligently administered by L. H. Williams, principal, and his wife, Alice Williams, matron.

FRIDAY, AuGUST 4, 1922.

649

\Ve enclose financial estimate of the repairs recommended, also copy of the 1921 Report of theBoard of Trustees which we heartily endorse.

WHITE SCHOOL
. Additional for pipe organ and installation$ 4,000.00 Repairing plaster and kalsomining and re-
painting woodwork __________________ 2,000.00
Repairs to heating plant; new valves to radiators, new flues and grate bars in boiler, new engine ___________________ _ 1,000.00
New fumiture for bedrooms and dormitories ------ __ - ---------------------- 1,000.00
Bed furnishings, table linens, table ware, kitchen fumishings, new stove_________, 1,000.00
Pianos -------------------------------- 1,000.00 Repairs and replacement of plumbing___ _ 500.00 Replacement gutters and downspouts ___ _ 500.00 ])esks --------------------------------- 1,000.00 Iron and concrete stairways in dormitories, Swimming pool, 1''loor covering (Battleship Linoleum, for
halls and Arcade) ___________________ _ 1,000.00

$13,000.00
COLORED SCHOOL
Repairing, plastering and kalsomining, painting interior and exterior_________$ 1,000.00
Rebuilding porches -------------------- 1,000.00 Building fuel house -------------------- 500.00 Replacing plumbing-------------------- 500.00

650

JouRNAL OF THE SENATE,

Furnishings, bed, table, kitchen and dining
room ------------------------------Heating plant ------------------------Laundry equip~ent ------------------Building for shop and laundry -~--------

500.00 500.00 115.00 1,000.00

$5,115.00
The following- communication was read for the information of the Senate:

STATE OF GEORGIA,

ExECUTIVE DEPARTMENT,
ATLANTA, August 2, 1922.

To the General Assembly of Georgia:
I beg to invite your attention to certain inequalities an injustices which exist under the laws of our State against women, and to urge upon you such modification of the law as will remove these injustices and discriminations:
1. I recommend that Section 3033, Volume 1 of the Civil Code of 1911 be so amended as to give to the Mother, as well as the }father, whether a widow or not, equal rig-ht with the :B-,ather to appoint a guardian for the persons of their children and for such property as she may de,ise or bequeath to such child.
2. I recommend that Section 3032, Volume 1 of the Civil Code of Georgia of 1911 shall be so amended

FRIDAY, AUGUST 4, 1922.

651

as to make the Mother and Father equal natural guardians of their minor children.

3. I recommend that Section 3031 of the Civil Code of Georgia of 1911, Volume 1, be so amended as to confer a joint control and an equal right upon the Father and Mother with respect to the services and proceeds of iabor of minor children.

4. I recommend that Section 4467 of the Civil Code of this State shall be so amended as to confer a right of &ction against any person who sells or furnishes spirituous liquor to a minor child upon the Mother as well as upon the J!"'ather of such child.

5. I further recommend that legislation be enacted granting to each and every married woman in the State of Georgia the absolute right to have, hold, o"\vn, retain and enjoy as her separate property any wages or earnings acquired or gained by her in employment or occupation of business.as her special estate and property, and the consent of the husband to the work or laber of his wife shall not be necessary and that the said earnings in every case shall be the sole and separate property of the wife.

In conclusion, I urge and recommend the repeal of every unfair discrimination against married women, but would urge extreme care in the consideration of the question as to whethe:r; or not laws which protect her in the enjoyment of her separate property are not wise and should not be retained. In my judgment, many of these laws are for the best interests of the women of the State and should never be re-

652

JOURNAL OF THE SENATE,

pealed. They are intended for her protection and accomplish that result, in many cases.

Respectfully submitted,

w. THOMAS

HARDWICK,

Governor.

Mr. Wohlwender moved that when the Senate do adjourn today it stand adjourned till 11 o'clock Monday Morning and the motion prevailed.
The following resolutions were read and referred to (_ 'ommittee on Rules.
By .Mr. Clay-
Senate Reso.lution No. 100. A resolution providing for afternoon sessions beginning on Tuesday, August 9th.
By Mr. Thomas-
Senate Resolution N"o. 101. A resolution limiting debate to 10 minutes.
The following resolutions were read and adopted.
Br Mr. Clay-
Senate Resolution No. 102. A resolution extending sympathy to Senator Dan \Vall in his recent illness.

.. FRIDAY, AUGUST 4, 1922.

653

By :Mr. Boykm-

Senate Resolution Xo. 103. A resolution relative to sickness and rec<nery of Senator Watson.

By :\Ir. Bellah-
Senate Resolution No. 98. A resolution paymg per diem to members of Committee on Academy for the deaf and dumb.
The resolution involving an appropriation the roll eall was ordered and the vote was as follows:

'l:lwse voting in the affirmative were Messrs:

Btllah, .J. M. Bond, Chas. N. Boykin, James H. ( ~ampbe:J, R. W. Childs, E. W. C'ollnm, J. M. Cone, Howell
Colson, D. 'c.
David, A. B. Dadds<m, J. E. Ellis, R. C. Fleming, Denis ~'leming, W. 0. l'o~, .John E.

Golucke, Alvin G. Haralson, Pat Hoilingswortb, Holmes, R. H. Hunt, T. M. ,Jackson, J. B. Jones, John H. Jones, 0. K. Kimzey, Sam Manson, Frank C. Xix, 0. A. l'almour, J. E. Peacock, C. H. Pope, David F.

Hidley, Dr. C. L. Rountree, J. L. Sheffield, R. H. ::!now, Russell E. Sto,all, E. B. Tarpley, R. 0 . Taylor, Geo. W. Thomas, James R. Tlwrpe, E. M. Walker, B. F. \\'Ieaver, J. D. \\'illiams, Wiley Wohlwender, Ed. Womble, M. D.

'rhose not voting were Messrs :

Akin, L. R. Brown, L. (. Jlutrhins, H. C.

Johns, G. A. Lassiter, \V. H. )fills, J. H.

Ayes 42, Nays 0.

Richards, Will Wall, Dan ;\-Ir. President

On the passage of the resolution the Ayes were 42, the Nays were 0.

654

JO"C'RNAL OF THE SEXATE,

The resolution having received the requisite constitutional majority was passed.

By unanimous consent the report of the Committee, which was unfavorable to the passage of the following bill, was disagreed to, the bill was read the second time and placed upon the calendar.

By Mr. Franks of Towns-
House Bill No. 750. A bill to prohibit the catching of fish in the waters of Brastown Creek.
By unanimous consent Senate Bill No. 204 was recommitted to the Committee on General Judiciary Ko. 1 for a. further hearing.
At the request of the author Senate Bill No. 204 was recommitted to the Committee on Special Judiciary.
The following bills aml resolutions were read the third time and put upon their passage:
By :\I r. williamsSenate Resolution ~ o. 8f). ~\ resolution to relieve
certain bondsmen of one ,V. K. Brooks.
The report of the committee, which was favorable to the passage of the hill, "'as agreed to.
On the passage of the bill the Ayes were 31, Xays 0.
The bill having receivetl the requisite constitutional majority was passed.

FRIDAY, AuGUST 4, 1922.

655

By Mr. Sheffield-

Senate Bill No. '780. A bill to provide manner in which defendants may demand indictments in City ('ourt of Blakely.

The report of the committee, which was favorable to the passag-e of the bill, was ag-re('d to.

On the passage of the bill the Ayes were 31, Nays 0.

The bill having received the requisite constitutional majority was passed.

B~ Mr. Sheffield-
Senate Bill No. 278. A bill relating to Board of Commissioners of Roads and Revenues of Early
Count~.
'fhe report of the committee, which was favorable to the passag-e of the bill, was agreed to.
Ou the passage of the bill the Ayes were 31, Nays 0.
Tlw bill haviug reeeiYed the requisite constitutional majorit~ was passed.

B~ :\1 r. Byrd of Crisp-
House Billl\o. 826. A bill to amend Act creating new charter for town of Arabi.
The report of the committee, which was favorable to the passage of the bill, was ag-reed to.

656

JOURNAL OF THE SENATE,

On the passage of the bill the Ayes were 31, Nays 0.

The bill having received the requisite constitutional majority was passed.

By :Messrs. McClure and Jones of vValker-
House Bill .No. 817. A bill to amend Act abolishing Board of Commissions of Road~ and Revenues for Walker 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 receiYcd the requisite constitutional majority was passed.
The following resolution was read and adop~ed:

By Mr. Kittrell of Laurens-
House Resolution K o. :na. A resolution accept-
ing invitation of the City of Brunswick.
'fhe following bills were rea<l the third time and placed upon their passage :

B~ :\Ir. Dixon of Jenkins-
House Bill ?:\ o. 746. A bill to amend Act establishing Board of Commissioners of Roads and Revenues for Jenkins County.

FRIDAY, AuGUST 4, 1922.

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 31, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. McClure and Jones of Walker-
House Bill No. 785. A bill to certain officers in certain counties certain powers.
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.

. B~- )fessrs. Beck and Smith of CarrollHouse Bill No. 799. A bill to amend charter for Town of Bowden.
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, Xays 0.
The bill having received the 'requisite constitutional majority was passed.
Under the head of unfinished business the following bill was taken up for consideration.

658

J OL'RNAL OF THE SENATE,

B~T Mr. Cone-

Senate Bill No. 226. A bill to substitute a Board of Control of five members for the different Board of Trustees of the University of Georgia.

Mr. Childs called for the previous question and the call was sustained.

Mr. Thomas moved that the Senate do now adJourn.
l\fr. Wohlwender 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:

Hunt, T. M. Kimze;v, Sam

Thomas, James R. Wohlwender, Ed.

Those voting in the negative were Messrs:

Bellah, J. :YI. Bourl, C'has. X. Campbell, R. W. Childs, .E. W. Collum, J. M. Cuue, Howell <'olson, D. {'. David, A. B. Ellis, R. <'. J.1lcming, Denis ~'IPmiug, W. 0 .
Fo.'' Juhn E.

Golueke, Alvin G. Hollingsworth, Holmes, R. H. Hutchjns, H. C. .Johns, G. A. Jones, John H. Jones, 0. K. Manson, Frank C. ~ix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridlt>.v, Dr. ( '. L. Sheffield, R. H. Snow, Russell E. Tarpll'y, R. 0 . Tay;or, Geo. W. Thorpe, E. M. \V;eaver, J. D. Williams, Wiley Womble, M. D.

Those not voting were Messrs:

Akin, L. R. Bo,vkin, James H. Brown, L. C. Davidson, J. E. Haralson, Pat

,Tackson, J. B. Lassiter, W. H. Mills, J. H. Rountree, J. L. Htovall, E. B.

\\'alker, B. F. Wall, Dan Mr. President

FRIDAY, AuausT 4, 1922.

659

Ayes 4, Nays 34.
On the motion to adjoum the Ayes were 4, the Xays were 34, and the motion was lost.
Mr. Walker offered the following amendments:
''Amend by striking out the word 'ten' in tenth lines of the caption and insert in lieu thereof the word 'Seveu '. ''
Amend further by striking the words in line 3 of Section 1~ and insert the words "Seven percent," in lieu thereof.
:Mr. Suow called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those Yoting in the affirmative were Messrs:

Bond, Chas. :\. Boykin, James ll. Collum, J. ::\1. liollingswort h,

Kimzey, Sam C\'ix, 0. A. Palmour, J. E. Tarpley, R. 0.

Taylor, Geo. W. Walker, B. J<~. Wohlwender, Ed. Womble, M:. D.

Those voting in the negative were Messrs:

Akin, L. R.
Bellah, ,J. M.
Campbell, R. w.
Childs, E. w.
Cone, Howell
Colson, D. ('.
David, A. B.
Davidson, J. E.
Ellis, R. c.
F1ern:ing, Denis Pleming, W. 0.

Foy, John E. Golueke, Alvin G. Holmes, R. H. Hunt, T. M.
Hutchins, H. c.
.Jackson, J. B. .Jones, J uhn H. .Jones, 0. K. Lassiter, W. H.
l\1anson, Frank c.
Pope, David F.

Richards, Will
Ridley, Dr. c. L.
Rountree, J. L. Sheffield, R. H. Snow, Russell E.
Thomas, James R.
Thmpe, E. M. Vv'lea ver, J. D.
Williams, Wiley

660

JOURNAL OF THE SENATE,

Those not voting were Messrs:

Brown, L. C. Haralson, Pat Johns, G. A.

Mills, J. H. Peacock, C. H. Sto,aJI, E. B.

Wall, Dan :Yir. President

Ayes 12, Kays 31.

On the adoption of the amendment the Ayes were 12 the Nays were 31, and the amendment was lost.

.Jfr. Campbell offers to amend as follows:
By striking from line 6 of Section 8 the words '' ::\Iechanic Arts.''
B~- striking from line 6 in Sec. 8 the word "Trustees'' before the words ''Of Georgia Normal Industrial College'' and inserting in lieu thereof the word ''Directors.''
By striking from line 9 in Section 8 before the words ''Of the Medical College'' the word '' Trustees" and inserting in lieu thereof the word "Directors.''
B~ striking from line 12 in Sec. 8 the words "Board of Trustees" and inserting in lieu thereof the word ''Commissioners''
By adding at the end of Section 2 the following: ''); ot more than two of the members of said Board of Control shall be Alumni of any one of the institutions or schools named herein.''
Add at the end of Section 13 the following: ''Nor shall anything in this Act be set up or urged as a defense against any subscriptions or donations

FRIDAY, A.UGUST 4, 1922.

661

to the University of Ga., or any of its Branches, nor shall this Act lessen in any respect the obligation of the subscribers to pay the same.''

The amendments were adopted.

The substitute was adopted as amended:

The report of the Oommittee which was favorable to the passage of the bill by substitute was agreed to.

On the passage of the bill :Mr. Snow 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. Bellah, ,J. M. Bond, Cbas. N. Campbell, R. W. Childs, .E. \V. Collum~ J. M. Cone, Howell Colson, D. C. David, A. B. Davidson, J. E. Fleming, Denis

~,leming, W. 0. Jo'oy, John E. Holmes, R. H. Hunt, T. M. Hutchins, H. C. Jackson, J. B. Jones, John H. Jones, 0. K. Lassiter, W. H. Manson, Frank C. Mills, J. H.

Richards, Will Ridll>y, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell }~. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. \\',eaver, J. D. \\'illiams, Wiley

Those voting in the negative were Messrs:

Boykin, James H. Ellis, R. C. Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C.

Johns, G. A. Kimzey, Sam Xix, 0. A. Palmour, J. E. Pope, David F.

\\'alker, B. F. Wohlwender, Ed .. Womble, M. D.

Those not voting were Messrs:

Brown, L. C. Peacock, C. H.

i':itovall, E. B. Wall, Dan

Mr. President

662

JouRNAL oF THE SENATE,

Ayes 33, Nays 13.
On the passage of the bill the Ayes were 33, the Nays 13.

The bill having received the requisite constitutional majority was passed.
Mr. vVohlwender gave notice that at the proper time he would move that the Senate reconsider its action in passing Senate Bill No. 226.
Mr. Nix moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till 11 o'clock Monday morning.

MoNDAY, AuousT 7, 1922.

663

SENATE CHAMBER, ATLANTA, GA.
August 7th, 1922.

'fhe Senate met pursuant to adjournment at 11 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.
~Ir. Foy, Chairman of the Committee on Journals, reported that the ,Journal of Friday's proceedings had been examined and found correct.
Mr. Nix gave notice that at the proper time he would move that the Senate reconsider its action on Friday in passing Senate Bill No. 226.

By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with.
The following message was received from His Excellency the Governor, through his Secretary, Mr. McCurry:

Jl r. President:
I am directed by His Excellency the Govemor to deliver to the Senate a communication in writing to which he respectfully invites your attention.

664

JouRNAL oF THE SENATE,

STATE OF GEORGiA, ExECUTIVE DEPARTMENT,
ATLANTA.

To the General Assembly of Georgia:
I respectfully desire to call your attention to the situation existing in some of the counties in Souther:r{ Georgia with regard to the work of tick eradication.
I am constantly receiving letters from citizens in that section, complaining of the situation and asking for some relief. It appears that they have a problem to deal with in that section that is different from what it is in other sections of the State, and much more difficult. It seems that in some of these counties there is very little land being cultivated and that cattle are allowed to roam at will through vast open ranges. Under these conditions, it is very difficult for the citizens to gather these cattle together for the purpose of dipping, and in some sections practically amounts to the confiscation of the cattle.
It is most unfortunate that regrettable instances of lawlessness and disorder and open and violent :resistance to the laws of the State have occurred in some of these counties, and I am constrained to believe that a vast majority of the people in these counties are law-abiding citizens of Georgia and deeply regret and deplore these occurrences. Resolutions to that effect, adopted by representative mass meetings of responsible citizens have been presented to me, and I am informed that all resistance to the

MoNDAY, AuGUST 7, 1922.

665

law has ceased; certainly that such of it as occasionally manifests itself is not supported by public sentiment and is condemned by the law-abiding citizens of the territory concerned.

Under these circumstances, I feel that I ought to .say that it should not be the purpose and intent of the laws of this State to work any undue hardship upon any of its citizens, and that local conditions sometimes make it necessary to so amend the law that it can be applied to the whole State, with wisdom and with justice, and I urge that you investigate this subject carefully and seek some remedy which will relieve the unfortunate situation existing in some of these counties.

The laws of Georgia must be enforced and upheld, but they must be made with intelligence and framed so as not to work unnecessary hardship upon the people, and their enforcement is rendered much easier whenever they are so framed. Consequently, I urge upon the General Assembly prompt consideration of this question, with the view of making such changes in the law as may be necessary, in the interest of the people as a whole, so as not to work undue and unnecessary hardship upon any locality.

Respectfully submitted,

w. THOMAS

HARDWICK,

Governor.

666

JouRNAL OF THE SENATE,

Mr. Jones asked una:n,imous consent that he be allowed to introduce a privilege resolution at this time and the consent was granted.

The following resolution was read and adopted.

By Mr. Jones of 37th-
A resolution extending the privileges of the floor to Hon. \V. G. Sutlive, President of the Georgia Press Association, for 2 days.
Mr. Nix moved that the Senate reconsider its action on last Friday in passing Senate Bill No. 226.
Mr. Snow made the point of order that the Senate had passed the hour of business of motions to reconsider and that a motion to reconsider was not in order.
The Chair sustained the point of order.
The following resolution was introduced and taken up for consideration.

By Mr. Nix-
Resolved that the House of Representatives return to the Senate Senate Bill No. 226, for further consideration.
Mr. Snow called for the previous question.
Mr. Nix called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as fol: lows:

MoNDAY, AuGuS'!: '7, 192~

667

Those voting in the affirmative were Messrs :

Bellah, ,J. M. Brown, L. C. Childs, E. W. Cone, Howell Colson, D. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Hunt, T. M. Hutchins, H. C. Jackson, J. B. Jones, John H. Jones, 0. K. Lassiter, W. H. Manson, Frank C. Rountree, J. L.

Sheffield, R. H. Snow, Russell E. Taylor, Geo. W. Thomas, James R. 'l'horpe, E. M. W~eaver, J. D.

Those voting in the negative were Messrs:

Boykin, James H. Collum, J. M. David, A. B. Ellis, R. C. Golucke, Alvin G. Haralson, Pat

Hollingsworth, Johns, G. A. Kimzey, Sam Nix, 0. A. l'ahnour, J. E'. rarpley, R. 0.

\Valker, B. F. Williams, Wiley W-ohlwender, Ed. Womble, M. D.

Those not voting were Messrs:

Akin, L. R. Bond, Chas. N. Campbell, R. W. Davidson, J. E. Holmes, R. H.

Mills, J. H. Peacock, C. H. Pope, David F. . Hi~hards, Will
Rirlk,v, DI. c. L.

Stovall, E. B. Wall, Dan )<fr. President

Ayes 22, Nays 16.

On the call for the previous question the Ayes were 22 the Nays were 16 and the call was sustained.
The main question was ordered.
Mr. Wohlwender called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

668

J OlJRNAL OF THE SENATE,

Those voting in the affi~ative were :Messrs:

Boykin, James H. Brown, L. C. Collum, J. M. Ellis, R. C. Golueke, Alvin G.

Haralson, Pat Hollingsworth, Johns, G. A. Kimzey, Sam Xix, 0. A.

Palmour, J. E. P-ope, David F. Walker, B. F. Wohlwender, Ed. Womble, M.D.

Those voting in the negative were Messrs:

Akin, L. R. Bellah, J. M. Childs, E. W. Cone, Howell Colson, D. C. David, A. B. Davidson, J. E. Fleming, W. 0.

J.'o.v, John E. Hunt, T. M. Hut<hins, H. C. ,Jackson, J. B. Jones, Jobn H. Jones, 0. K. Lassiter, W. H. Manson, Frank C.

Richards, Will Rountree, J. L. Sheffield, R: H. Tarpley, R. 0. Thomas, James R . Thorpe, E. M. Weaver, J. D.

Those not voting were Messrs:

Bond, Cbas. X. Campbell, R. W. Fleming, Denis Holmes, R. H. Mills, J. H.

Peacock, C. H. Hidley, Dr. C. L. Snow, Russell E. StoYall, E. B. 'l'a~lor, Geo. \V.

Wall, Dan \\'illiams, Wiley :\Ir. President

Ayes 15, Nays 23.
On the passage of the resolution the ayes were 15, the Nays were 23.
The resolution having failed to receive the requisite constitutional majority was lost.
Mr. Wohlwender moved that the Senate reconsider its action in refusing to recall Senate Bill No. 226 from the House.
The President ruled that the chair would entertain the motion ou Tuesday, Aug. 8th, under the head of motions to reconsider.

MoNDAY, AuGUST 7, 1922.

669

l\lr. Hutchens asked unanimous consent that Senate Bill No. 199 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.

.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 resolutions 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 Resolution No. 100.
Senate Resolution No. 101.
Respectfully submitted,
J. R. THOMAS, Chairman.

The report of the Committee was adopted.
The following messagee was received from the House through ~Ir. Moore, the Clerk thereof:

il1r. Preside11t:
The House has passed by the requisite constitutional majority the following bills of the Senate, towit:
Senate Bill No. 161. A bill to repeal an Act ap-

670

JouRNAL oF THE SENATE,

proved August 18, 1919, entitled ''An Act to establish a City Court of Alma."

Senate Bill No. 242. A bill to amend the charter of the City of Covington.

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 bills of the House, towit:
House Bill No. 906. A bill to amend the charter of the City of Washington, Georgia.
House Bill No. 911. A bill to amend the chai.ter of Nicholls, Coffee County.
House Bill No. 912. A bill to amend an Act creating a new charter for the Town of Rockledge.
~o. 914. A bill to authorize the Mayor and Council of the City of Sandersville to assess, levy . and collect annually a tax of two and one-half (22) mills on all taxable property in the City of Sandersville.
House Bill No. 915. A bill to amend an Act entitled "An Act to incorporate the City of Adrian."
The following message was received from the House through Mr. Moore, the Clerk thereof:

MoNDAY, AuGusT 7, 1922.

671

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 260. A bill to change the name of the Railroad Commission of Georgia to the Georgia Public Service Commission and to reduce the membership thereof.
House Bill .No. 823. A bill to fix compensation for Bailiffs in certain Counties.
House Bill No. 835. A bill to repeal the present charter of Cordele, and to provitle a new charter.
House Bill No. 857. A bill to amend the charter of the City of Savannah, Georgia.
.No. ~63. A bill to amend Section 6065 of the Code of 1910.
The following message was received from the House through Mr. Moore, the Clerk thereof:

il'ir. President:
The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
House Resolution No. 203. A resolution to create a commission to regulate the distribution of coal within the State.
Mr. Golucke, Chairman of the Special Committee appointed at the 1921 session of the General As-

672

JouRNAL OF THE SENATE,

sembly, to investigate the District Agricultural Schools, in behalf of the committee, submitted the following report:

Atlanta, Ga., Aug. 7th, 1922.

Genfl.emrn of the Geneml Assembly:
Your special committee, appointed at the 1921 session of the General Assembly, to make a study of the operations, method of instruction and results in the Twelve District Agricultural and Mechanical Schools of the State, after an unhurried, unhampered and thoroughly co-operative insight into these iustituions and the work they are doing, beg leave to submit this report, to which the serious consideration of the General Assembly is invited:
\:Vhen the joint resolution was introduced, asking the appointment of a joint committee to study the work of the District A. & M. Colleges, it appeared that some of the institutions had attained a higher standard of educational endeavor than others, and the suggestion had been made by some public journals that it might be found advisable to either change the system or to do away with some of the colleges. This committee very earnestly desires to emphasize the fact that, after a careful examination of each of the institutions and the work they are doing, individually and as a chain of state colleges, it is our conviction that the system and the colleges as units are filling a very peculiar need in the state; that, instead of entertaining for a moment an idea that even

MoNDAY) AuousT 7, 1922.

673

one of them should be done away with, it is our conviction they should be given just as much legislative encouragement as possible, novv and in future. We believe in the n~t distant future there will develop even more clearly than is the case at this time the peculiar need these institutions are to fill and are now filling in the scope of essential vocational training of our young folks. Without them there is an element of the growing youth of the state that would be wholly without the opportunities and advantages which these colleges supply and our rural sections would hereafter feel acutely the suffering that would b.e bound to follow any absence of this particular line of work.
vVe have, in our study of the whole A. & M. system,
found that some of the institutions had, a year or so. ago, attained a higher standard of efficiency and wereobtaining better results than others, but it is more to their credit than it is a subject of criticism of others that they had done so.
In the interval, since the appointment of this commission, we have found there has flown, from a general disposition on the part of all the faculties of these institutions to co-operate and build up, an almost continuous stream of improvement throughout the entire system. Where methods tested out and found beneficial in one of the best of the colleges has been lacking in the past in another not so successful in results, it has been our observation that, during the past year, the weaker ones have profited by a study of the experiences of the stronger, and the betterments are indeed striking. So much is
Sig. 22-Senate

674

J O"URN AL OF THE SENATE,

this a fact that it is our opinion today the individual units have every one improved, the standard of the whole has been brought even above that of the best of the colleges of a year or so ago and the outlook for all of them is extremely gratifying.

This committee especially concerned itself to ascertain what direct return there is to the farming enterprise of the state from the several A.& M. Colleges andwe find, by acual investigation of records, that approximately 70 per cent of the graduates of these institutions have returned to farming life and engaged in some form of fann work. More than 2,000 students are given instruction at the institutions, and we find an average of about 20 students in each of the schools are paying their way through the institution by work they are doing. We find that all of these colleges require a fixed amount of work from the students, as a part of the practical training, and for much of this work. the student is given a certain credit on the board account. That feature impressed us particularly and upon close inquir~ we find that many of the students are vastly aided in this way in carrying their expense through the school term; some of the students, indeed, would be wholly unable to complete their course of training without this feature of the system. It is a fact that, as we have stated, a considerable percentage of the students wholly pay their way through the colleges by performing specified labors.
In respect to the course of instruction, we have made a careful examination, and find that at each

MoNDAY, AuGusT 7, 1922.

675

of the colleges the faculty is teaching a course identically in conformity with the requirements laid down by the legislature. In some instances commendable originality is used in broadening the method of giving the course of instruction.
We :find that the average cost of maintenance per pupil, which falls upon the pupil, is between $14 and $15 per month, including board, clothing and laundry. This we believe to be an exceptionally low cost.
within the past two years there has been a decided improvement in the standard of agricultural teachers, and the class room work has been reflected in the quality of live stock, the condition of the gardens and orchards and the general appearance of the buildings and grounds. These high class, practical agriculturalists command higher salaries than ordinary instructors, but the increased return from their operation of the farms and crops, and the sale of live stock, more than offset this difference in expense.
Vve :find that the ] 2 Colleges are equipped with the
following:
16 horses; 49 mules; 213 cows; 507 hogs, and farm equipment valued at $28,000.
. On account of the universal interest in hogs and beef cattle throughout the state these institutions have obtained blooded stock and have become dis- . tributors of these high grade live stock, as a result of which the standard of hogs and cattle in the state has been bettered.
Au exceptionally impressive feature of the train-

676

JOURNAL OF THE SENATE,

ing given the students is the home economic course given the girls, who are required to plan comfortable and convenient homes, choose and prepare food to meet the body needs and conform to hygenic requirements, to know the value and quantity and quality of materials for dresses and household necessities and to be able to produce the finished article frmi.l the raw material.

The :B,irst District College has beautifully landscaped its campus; put up 800 rods of fencing; 600 rods of drainage ditches have been run.
The Third District College has laid off its land into fields and there has been established a permanent crop rotation system, using these :fields for demonstration plots.

The ~'ourth District College has erected sweet potato curing houses and is devoting special instruction along that line.

The Fifth District College will rank well to the forefront with any institution of this kind in the country in respect to operation, equipment, methods of instruction and results.
The Sixth District College has made a reputation particularly for its fine cows and sows, in which the institution and students take a very deep pride. A three-year-old cow at that institution gives 60 pounds of milk a day.
The Eighth District College has just completed a girls' dormitory, built within the appropriation from

MoNDAY, AuausT 7, 1922.

677

plans drawn in the college class room, the construction work having been done by the boys of the institution largely, with the aid of a small force of outside help, and this suit of the system is perhaps best correlated in the faculty personnel of any of the units. It is strikingly true that every man and woman connected with the institution is devoted to farm life and spreads an atmosphere of love of nature and natures beauties in the country life.
The Second District College has wonderlully well developed its property and conducts an institution of agricultural instruction in which the state ought to take pride and to which it should lend encouragement. It would be hard to segregate features in this unit to dwe~l upon, inasmuch as there has been a general excellence in the operation of the whole plant.
The Eleventh District College has given much attention to farm buildings and similar facilities. Much the same thing may be said of this unit as of the Second District. It,also, is a high credit to the state and is d.Jing a great work for the boys and girls of that section, who could not obtain a similar benefit in that district in any high school, although the district is filled with exceptionally fine high schools.
The Seventh District College, at Powder Springs, is an outstanding model in this system. The faculty of this institution has practically constituted itself fathers to a large number of boys and giris and the results they have wrought are little short of marvelous. The college this year graduated more than 40

678

JouRNAL OF THE SENATE,

yoq.ng folks, each OJle of whom has been well equipped to benefit the farm life of the state. It is notably true, too, that more children earn their way through this unit than probably through any school in tl}.e State. The work of the institution is not duplicated by any other institution and nowhere else in the entire sectiou of the state can the young people begin to get the benefit of anything like similar advantages. In truth, too much can hardly be said to the credit of this unit.

We believe the drawing to public attention a year ago of the conditions at some of these colleges has served to a general betterment until at this time the general snandard has materially improved. If there is in contemplation any change in the laws governing the District A. & :M:. Colleges, it is the judgment of this committee that such contemplated change should be very earnestly and carefully weighed before they a.re made, and whatever changes are made should be of a nature that will undoubtedly make for the encouragement and improvement of the chain of educational institutions. This committee believes that the continuation of state and legislative encouragement to these colleges at this time will shortly insure to them an even greater stability than they have now attained.
Respectfully submitted, GoLUCKE of the 19th, Chairman. flUTCHENS of the 38th, RussELL of Barrow, CAM:P of Cam.pbell.

MoNDAY, AuausT 7, 1922.

679

The following resolutions were read and adopted:

By Mr. Clay-
Senate Resolution No. 100. Resolved that beginning Tuesday, August 8th, the Senate meet in afternoon session except when otherwise ordered by the Senate.

By l\Ir. Thomas-
Senate Resolution No. 101. Resolved that beginning Tuesday morning, August 8th, all individual debates be limited to 10 minutes on all questions.
Mr. Haralson of 40th asked unanimous consent that House Bill No. 328 be withdrawn from the Committee on Constitutional Amendments, read the second time, and recommitted to the Committee on Education and the consent was granted.
~h. Lassiter, Chairman of the Committee on General.Judiciary No. 1, submitted the following report:

JJ1 r. Prt'sident:
Your Conm1ittee 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. 307.
LASSITER, Chairman.

680

JOURNAL OF THE SENATE,

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters has had Ullder consideration the following bills of the Senate and instructed me, as their Chairman, tore. port the same back to the Senate, with the recommendation that the same do pass, to-wit:
Senate Bill No. 308.
RrcHARDs, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

JYJr. 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 thL ::;ame do pass, to-wit:
House Bill No. 766. Relative to salary Judge ~uperior Court Augusta.
House Bill No. 834. Amending Act incorporating Greensboro.
GoLUCKE, Chairman.
Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

MoNDAY, AuousT 7, 1922.

681

11Ir. 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. 751. City Court of Louisville.

House Bill No. 809. City Court of Claxton.

House Bill No. 824. City Court of Metter. GoLUCKE, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

111r. 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. 792. City Court for Houston County.

GoLUCKE, Chairman.

:Mr. Ridley, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

682

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Hygiene and Sanitation 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 by substitute, towit:

Senate Bill No. 266.

Respectfully submitted, RIDLEY, Chairman.

Mr. Jones of the 37th, Chairman of the Committee on Corporations, submitted the following report:

M,._ 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 not pass, to-wit:
Sena~e Bill No. 290.
JoxEs, of the 37th, Chairman.

The following bills, fayorably reported, were read the second time :

By Mr. Lassiter-
Senate Bill No. 307. A bill to amend Constitution relative to those who are registered to vote.

~.

MoNDAY, AuGUST 7, 1922.

683

By .Mr. Bellah et al.-

Senate Bill No. 266. A bill to,amend Act creating a board of Examiners in Optometry in State of Geor-
gia.

By Mr. Boswell of Greene-
House Bill No. 834. A bill to amend Act incorporating Town of Greensboro.

By Richmond Delegation-
House Bill No. 766. A bill to amend constitution relative to salary of Judge of Superior Court in Richmond Co.

B~r Messrs. Jackson and Houser of HoustonHouse Bill No. 792. A bill to amend Act estab-
lishing City Court for County of Hemston.
By Mr. Hodges of EvansHouse Bill No. 809. A bill to amend Act creating
the city Court of Claxton.
By Messrs. Harris and King of JeffersonHouse Bill No. 751. A bill to amend Act creating
the city Court of Loouisville.

By Mr. Miles of Candler-
House Bill No. 82-:1:. A bill to amend an Act establishing the City Court of Metter.

684

JouRNAL oF THE SENATE,

'1,.\..

By l\Ir. Hutchens-

Senate Bill No. 308. A bill to amend Act creating a Board of Commi~sioners of Roads and Revenues for Haralson Cou~1ty.

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

By Mr. Johns (by request)-
Senate Bill No. 312. A bill to amend Code relative to the Academy for Deaf and Dumb.
Referred to the Committee on General Judiciary No.2.

By M.r. Johns (by request)-
Senate Bill No. 313. A bill to amend Code relative to State University.
Referred to the Committee on General Judiciary No.2.

By Mr. Johns (by request)-
House Bill No. 314. A bill relative to Normal and Industrial College at Bowden.
Refened to the Committee on General Judiciary No.2.
By M.r. ChildsSenate Bill No. 315. A bill to create a new charter
for city of Richland. Referred to the Committee on Corporations.

MoNDAY, AuGUST 7, 1922.

685

By Mr. Peacock-
Senate Bill Xo. 316. A bill to repeal Act creating Commissioners of \Vilcox County.
Referred to the Committee on Counties and County Matters.

By Mr. Peacock-
Seuate Bill Xo. 317. A bill to create a Board of Commissioners of Roads and Revenues for Wilcox
Couut~~.
Referred to the Committee on Counties and {'ounty Matters.
The following House bills were read the first time and referred to committees:

By Mr. Bentley of PierceHouse Bill No. 260. A bill to change name of Rail-
road Commission. Referred to the Committee on Railroads.
B~ .}lessrs. Reville and Pilcher of RichmondHouse Bill Xo. 863. A bill to amend code Section
()065. Referred to the Committee on Special Judiciary.
B~ Messrs. Ficklen and Bobo of WilkesHouse Bill No. 906. A bill to amend charter of
\Vashington, Ga.

686

JouRNAL OF THE SENATE,

Referred to the Committee on Corporations.

By Fulton Delegation-
House Bill ~ o. 823. A bill to fix compensation for Bailiffs in certain counties.
Referred to the Committee on Counties and ( 'ounty Matters.

By Mr. \Vimberl~ of LaurensHouse Bill No. 912. A bill to amend Act creating
new charter for Rockledge, Ga.
Referred to the Committee- on Corporations.

By Messrs. Hyman and Hawkins of Washington-
House Bill ~ o. 914. A bill to Authorize .Mayor <Hid Council of SaudersYille to lexy tax for school purposes.
Referred to the Committee on Counties all(l Count;' Matters.

B)' Mr. Quince) of CoffeeHouse Bill ~ o. 911. A bill to amend Charter of
Xichols, Ga.
Referred to the Committee on Corporations.
By Chatham DelegationHouse Bill Ko. 857. A bill to amend charter of
Savannah, Ga. Referred to the Committee on Corporations.

MoNDAY, AuGUST 7, 1922.

687

B~ :Mr. Brown of Emanuel-

House Bill No. 915. A bill to amend Act incorporating Town of Adrian.

Referred to the Committee on Corporations.

By ::\Ir. Byrd of Crisp-
House Bill No. 835. A bill to repeal present charter of Cordele.
Referred to the Committee on Corporations.

By Messrs. Guess of DeKalb and Davis of Floyd-
House Resolution No. 203. A Resolution to create a commission for the distribution of Coal in Ga.
Referred to the Committee on Public Property.
The following Resolutions were read and referred to Rules Committee:

B~ Mr. Haralson-
Senate Resolution No. 104. Resolved that House Bill No. 62 be made a special and continuing order for Tuesday, August 8, 1922.
B~ .Jlr. rrhorpe-
Rcsolved that Senate Bill No. 250 be made a special and continuing order for Tuesday, August 8, 19:22.
The following Resolution was read and adopted.

688

JouRNAL oF THE SENATE,

By 1\Ir. Pope-

Senate Resolution No. 92. A resolution providing for a joint committee to make plans for payment of Confederate Pension.

The following bills were read the third time and put upon their passage:

By )lr. 'Villiams-
Senate Bill No. 270. A bill to amend Code relatiYe to ferry boats.
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 haYing received the requisite constitutional majority was pasE;eu.

By )lr. Brown-
Senate Bill X o. :277. A hill to make Crawford 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 49, Xays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, AuausT 7, 1922.

689

By Mr. Haralson-

Senate Bill No. 262. A bill to provide for ~urther regulation with regard to the practice and procedure in several courts of Georgia.

The report of the committee, which \vas favorable to the passage of the bill, was agreed to.

On the passag~ of the bill the Ayes were 29, Nays 0.

The bill having received the requisite constitutional majority was passed.

B~ Mr. Thomas-
Senate Bill No. 216. A bill to amend Georgia Mortor Vehicle Law.
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 33, Na~'s 0.
The bill having .received the requisite constitutional majority was passed.

By ~Ir. Davidson-
Senate Bill Xo. 291. A bill to repeal act creating Houston Board of Commissioners of Roads and Revenues.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

690

JouRNAL OF THE SENATE,

On the passage of the bill the Ayes were 49, Nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Davisou-
Seimte Bill No. 294. A bill to create a Board of Commissioners for Houston 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 49, Nays 0.
The bill having received the requisite constitu. tioualmajority was passed.

By Mr. Snow-
Senate Bill No. 209. A bill repealing Act abolishing fee system in Southern 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 31, Xays 0.
The bill having received the requisite constitutional majority was passed.
By l\Ir. SnowSenate Bill No. 221. A bill to abolish fees of

MoNDAY, AuGUST 7, 1922.

691

Solicitor General in criminal cases in Southern 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 31, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Peacock-
Senate Bill No. 295. A bill to create a 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 49, X a~!S 0.
The bill having received the requisite constitutional majority was passed.

B~ Mr. Collier of Stephens-
House Bill Ko. 779. A bill to change time of holding Superior Court of 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 49, .Nays 0.
The bill having received the requisite constitutional majority was passed.

692

JOURNAL OF THE SENATE,

By .Mr. Lankford of Toombs-
Honse Bill No. 841. A bill to abolish City Court of Lyons.
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 49, Xays 0.
The bill having received the requisite constitutional majority was passed.

B~ -:\Ir. Ennis of Baldwin-
House Bill No. 474. A bill to amend Act to establish a ~onnal and Industrial College as a branch of the State University.
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 49, Xa~'S 0.
The bill having received the requisite constitutional majority was passed.

B~ l\Ir. Holland of Tattnall-
House Bill No. 801. A bill to amend Code so as to
make Collins, Ga., 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 49, Xays 0.

MoNDAY, AuausT 7, 1922.

693

The bill having received the requisite constitutional majority was passed.

By Mr. Hyman and Hawkins of \Vashington-
House Bill No. 854. A bill to amend Act creating ( ity Court of Sandersville.
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 49, Nays 0.
The bill having received the requisite constitutional majority was passed.

By :Mr. Lankford of Toombs-
Hause Bill No. 840. A bill to abolish City Court of Toombs 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 49, Nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill of the Senate was read th~ third time and placed upon its passage:

By :Mr. \Vall of 5th-
A bill to amend the Georgia }Iotor Vehicle Law.
The committee offered the following amendment:

694

JouRNAL oF THE SENATE,

By striking the words ''as described in the caption of this bill'' in Section 2, and adding in lieu thereof the words "beginning with the words 'provided that hearses, undertaker's wagons, ambulances, etc,' and ending as follows 'the Secretary of State shall discontinue furnishing cardboard tags as heretofore,''
The amendment was adopted.
Mr. Snow offered the following amendment:
Amend the second proviso to Section two by striking the words ''two dollars'' and inserting in lieu thereof the words ''ten dollars,'' and further to add to said proviso the _,following ''That said additional tags so issued shall be lettered consecutively beginning with the letter 'F'."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the hill as amended, was agreed to.
On the passage of the bill the Ayes were 31, )Jays 0.
The bill having receiYed the requisite constitutional majority was passed.
The following bill was taken up for the purpose of concurring to a House amendment.

By Mr. Taylor-
Senate Bill No. 161 A bill to repeal Act establishing City Court of Alma.
The House offered the following amendment:

MoNDAY, AuausT 7, 1922.

695

''By striking from Sec. 6 and beginning in line 4, the following words: "An election to be called for the purpos~ by the Ordinary of said Bacon County at some date not later than 20 days after the approval of this Act,'' and inserting in lieu thereof the following words: ''The primary election held on the 13th day of September 1922. ''
Also, that said Sec. 6 be amended by striking the word "immediately" in the 11th line thereof and by inserting in lieu thereof the words ''January 1st, 1923.''
The amendment was adopted.
Upon motion of Mr. Thorpe the Senate went into executive session at 12:45 o'clock.
At 1 o'clock the executive session was dissolved.
The hour of adjournment having arrived, the President announced the Senate adjourned till tomorrow morning at 10 o'clock.

696

J OURXAL OF THE SENATE,

SEXATE CHAMBER, ATLANTA, GA.
August ~th, 1922.

The Senate met pursuant to adjournment at 10 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 Journal's, reported that the Journal of yesterday's proceedings had been examined anrl found correct.

By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

Mr. Jones of 37th moved that the Senate recon-

sider its action on yesterday in passing Senate Reso-

lution No. 101.



Mr. Nix called for the previous question and the call was sustained.

On the motion to reconsider the Ayes were 2, the nays were 47 and the motion was lost.

.Mr. Haralson of 40th, Chairman of the Committee on Public Property, submitted the following report:

Mr. President:
Your Committee on Public Property has had under consideration the following resolution of the House and instructed me, as their Chairman, to re-

TuESDAY, .AuGUST 8, 1922.

697

port the same back to the Senate, with the recommendation that the same do pass, to-wit:

House Resolution Ko. 203. To Create a coal commission.

Respectfully submitted, f) HARALSON, Chairman.

l\Ir. 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 of the House and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the sani.e do pass, to-wit:
House Bill No. 863. Relative to Richmond County.
GoLUCKE, Chairman.

:Mr. Fleming of the 8th, Chairman of the Committee on University of Georgia, submitted the following report :

M1. President:
Your Committee on University of Georgia, 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:

698

JouR:xAL OF THE SE.NATE,

Senate Bill No. 180. Establishing a South Georgia Agricultural College.

FLEWING of the 8th, Chairman.

.Mr. Fleming of the 8tl1, Chairman of the Committee 'on University of Georgia, submitted the following report:

Mr. President:
Your Committee on University of Georgia 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. 575. Changing the name of the South Georgia State Normal College atValdosta to Georgia State Woman's College at Valrlosta.
FLEMING of the 8th, Chairman.

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 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. 652. House Bill No. 860.

TuESDAY, AuGusT 8, 1922.

699

House Bill No. 845. House Bill No. 899. House Bill No. 650. Senate Bill .No. 245.

Do pass by substitute.

JONES of the 37th, Chairman.

Mr. Y.lalker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report :

Mr. President:
Your Committee on Appropriations and Finance has had under consideration the following resolution and 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, towit:
House Resolution No. 154.
House Bill No. 6. B. F. WALKER, Chairman.
Mr. Thorpe, Chairman of the Committee on Insurance, submitted the following report:

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 same back to the Senate, with the recommendation that the same do pass, to-wit:

700

J Ol:HXAL OF THE S:t.:KATE,

Senate Bill Xo. 190.

Respectfully submitted,

THORPE, Chairman.

Mr. Walker, of the 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report:

Mr. President:
Your Committee on Appropriations and Finance has had under consideration the following bills and resolutions of the House and instructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same be reported back for second reading and referred back to this committee:
House Bill K o. 233.
House Bill No. 873.
House Resolution No. 190.
B. F. WALKER, Chairman.

Mr. Nix, Chairman of the Committee on General Judiciary No.2, submitted the following report:

Mr. PresidP'nt:
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:

TUESDAY, AUGUST 8, 1922.

701

Senate Bill No. 289. By Mr. Thomas of the third, authorizing the Governor to suspend sheriffs under certain circumstances, and etc.
House Bill Ko. 587. By Mr. Singletary of Grady, preventing the levy of more than 10 mills tax in certain counties.
Respectfully,
0. A. Nrx, Chairman.
:Mr. Jno. E. Foy, Chairman of the Committee on Game and Fish, submitted the following report:

ill r. Ptesident :
Your Committee on Game and Fish has had under consideration the following bills <Tf the Senate and instructed me, as their Chairman, to report the same back.to the Senate, with the r~~ommendation that the same do pass, to-wit:
Senate Bill No. 305.
Senate Bill No. 269. As amended by the committee.
Senate Bill No. 215. Do not pass.
JNo. E. FoY, Chairman.

The following bills, favorably reported, were read the second time : By .Nlr. Ellis-

Senate Bill No. 180. A bill to establish a college of Agriculture and Mechanic Arts.

702

JouRNAL OF THE SENATE,

By Mr. Johns-

Senate Bill No. 190. A bill to repeal Act regulating the business of investment companies.

By Mr. Thomas-
Senate Bill No. 289. A bill to authorize Governor to suspend arresting officers for negligence.

By Mr. Watkins of Butts-
House Bill No. 6. A bill to repeal act regulating the return and assessments of property for taxation.

By Mr. Singletary of Grady-
House Bill No. 987. A bill to prevent taxing authorities of counties of certain population levying of over 10 mills a(\ valorem tax.

By Messrs. Reville and Pilcher of Richmond-
House Bill No. 863. A bill to amend section 6065 of Code.

By Mr. Whitaker of Lowndes-
House Bill No. 575. A bill to change name of South Georgia State Normal College at Valdosta.
By Mr. Culpepper of FayetteHouse Resolution No. 154. A bill to make addi-
tional appropriation for interest on Public Debt.

TuESDAY, AUGUST 8, 1922.

'108

By Messrs. Dobbs and Gann of Cobb-

House Bill No. 845. A bill to amend Act establishing New charter for town of Austell.

By Mr. Mundy of Polk-
House Bill No. 899. A bill to amend charter of Cedartown.

By Mr. ],leming of lOth-
Senate Bill No. 305. A bill prohibiting use of row boats, etc., except by owner.

By Mr. Thomas-
Senate Bill No. 269. A bill for the protection of Game Animals, Birds, Fish and Oysters.

By ],ulton Delegation-
House Bill No. 652. A bill to authorize additional ways for certain counties to support of paupers.
By J!~ulton DelegationHouse Bill No. "650. A bill authorizing certain
counties to provide for necessary public sanitation.

By 1\Ir. Guess of DaKalb and Davis of Floyd-
House Resolution No. 200. A resolution creating a commission to regulate the distribution of coal in Georgia.
B,. unanimous consent the following bill was re-

704

JOURlL~ OF THE SENATE,

considered and withdrawn from the consideration of the Senate:

By .Mr. Peacock-
Senate Bill No. 295. A bill to create a new charter for the City of Eastman.
The following bill favorably reported was read second time :

By :Mr. Manson-
Senate Bill No. 245. A bill to provide for incorporation of credit unions.
The following bills were read the third time and put upon their passage:

By Mr. Phillips of Jasper-
House Bill No. 781. A bill to amend Act providing for payment of cost in misdemeanor cases.
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 Messrs. Harris and King of Jefferson-
House Bill No. 751. A bill to amend Act creating City Court of Louisville.

TUESDAY, AUGUST 8, 1922.

705

The report ~f j:;he committe;, 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 Messrs. Jackson and Houser of Houston-
House Bill No. 792. A bill to amend Act to establish City Court for Houston 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. Hodges of Evans-
House Bill No. 809. A bill to amend Act to create City Court of Claxton.
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 aI,
Nays 0. The bill having received the requisite constitu-
tional majority was passed.

By Mr. Boswell of Greene-
House Bill No. 834. A bill to amend Act incorporating town of Greensboro.
Sig. 23-Senat~.>

706

. JouRNAL Ol<' THE SE:8ATE,

The repo1t 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. Miles of Candler-
House Bill No. 824. A bill to amend Act establishing City Court of Metter.
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 :11, Nays 0.
The bill having reooived the 1equisite constitutional majority was passed.

By Richmond Delegation-
Houl!le Bill No. 766. A bill to amend Code relative to salary of Judge of Superior Court of the Judicial Circuit in which is located the County of Richmond.
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 81, Nays 0.
The bill having received the requisite constitutional majority was passed.

TuESDAY, .A.uousT 8, 1922.

707

By Muscogee Delegation-

House Bill No. 860. A bill to provide for extension of corporate limits of Columbus.
-
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. Hutchens-
Senate Bill No. 308. A bill to amend Act creating a Board of Commissioners of Roads and Revenues for Haralson 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.
The following res?lution was read and ordered to lay over one day.

By Mr. Brown-
Senate Resolution No. 106. A resolution to allow committee appointed to investigate various State Departments to summon witnesses and hear evidence in regard thereto.

708

JouRNAL OJ<' THE SENATE,

The following resolutions were introduced, read first time and referred to committee:

By Mr. Manson-

Senate Resolution No. 107. A resolution to re-

lieve P. P. Jackson as surety on Bond of Price Hub-

bard.



Referred to the Committee on Special Judiciary.

By Mr. Manson-
Senate Resolution No. 108. A resolution to relieve P. P. Jackson as surety on Bond ofW. C. Wood.
Referred to the Committee on Special Judiciary.
The following communication was read for the information of the Senate:

Atlanta, Ga., August 8th, 1922.
The Atlanta Bar Association extends to the members and officials of the Senate and House of the General Assembly a most cordial"invitation to be its guests at a Barbecue to be given at the Burns Cottage, Thursday afternoon, at 1 :30 o'clock.
Transportation facilities will be provided and . those who will attend are requested to assemble at the Hunter Street entrance to the Capitol at 1:00 o'clock, on that afternoon.

TuESDAY, AuGUST 8, 1922.

709

It is hoped that all the members and officials will attend.

Respectfully,

EDGAR E. PoMEROY,
President, Atlanta Bar Association.

At the request of the Committee on Appropriations and Finance the following resolution and bills of House were read the second time and recommitted to the Committee on Appropriations and Finance.

By Mr. Arnold of Clay-
House Resolution No. 190. A resolution to make appropriation for stationery used by General Assembly for years 1920, 1921, 1922, 1923.
By Messrs. Whitaker and Webb of Lownds-
House Bill No. 233. A bill to make appropriations to South Georgia Normal School at Valdosta.

By Mr. Culpepper of Fayette, etc.-
House Bill No. 873. A bill to make appropriation
of for maintenance of the military establishment
State of Georgia.
The following message was received from the House through Mr. Moore, the ( 'lerk thereof:

Mr. President : The House has passed by the requisite constitu-

710

JouRNAL OJ<' THE SENATE,

tional majority the following bills of the House, towit:
House Bill No. 145. A bill making it optional with persons in this State who have been convicted of a crime to begin the service of the sentence imposed whert' a motion for new trial has been filed.

No. 805. A bill to prohibit taking fish from any of the streams of. this State with any device other than hook and line for a period of five years.
House Bill No. 630. A bill to provide for the change of venue in investigation by Grand juries, etc. and for other purposes.

House Bill No. 927. A bill to amend an Act and amendatory Acts to amend the new charter for the City of Madison.

House Bill No. 934. A bill to amend an Act fixing salary of Solicitor General of Augusta Judicial Circuit.

House Bill No. 1561. A bill amending an Act to create a Department of Insurance, etc., and for other purposes.

House Bill No. 832. A bill to amend An Act and amendatory Acts providing for collection of tax on distributors of fuel oils, etc., and for other purposes.
House Bill No. 883. A bill to tax Gypsy Horse Traders.
No. 745. A bill to amend the several Acts for the

TuESDAY, AuGUST 8, 1922.

711

creation, maintenance, management and government of the Confederate Soldiers' Home of Georgia.
House Bill No. 933. A bill to amend an Act creating n new charter for the City. of Eastman.
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 .House, towit:
House Bill No. 300. A bill to amend an Act and amendatory Acts creating the office of State Veterinarian, etc., and for other purposes.
House Bill No. 583. A bill to provide for. the establishment and maintenance of a school of Agriculture and Mechanics Arts in this State.
House Bill No. 680. A bill to amend an Act and amendatory Acts providing for a salary for the Commissioner of Commerce and Labor.
House Bill No. 726. A bill to provide for the Georgia Workmen Compensation Act.
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 House, to-wit:

712

JouRNAL OF THE SENATE,

HooseJResolution ,No..<200, (879A). A resolution providing for a school building site on the State
Fa~m.

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

1Ylr. Ptesident :
The House has read and adopted the following resolutions of the House, to-wit:
.,
House Resolution No. 216. A resolution authorizing Secretary of State to correct error in local bill Dougherty County.
The following message was received from the Hom:~e through Mr. Moore, the Clerk thereof:
;j

The House has passed by the requisite constitutional inajority the following Bills of the Senate, towit:
Senate Bill No. 253. A bill to amend an Act and amendatory Acts protecting Fur Bearing Animals of the State of Georgia.
..
Senate Bill No. 176. A bill to amend an Act and amendatory Acts to reorganize and reconstitute the State Highway Department of Georgia, etc., and for other purposes.
. ,The following House Bill's were read first time and referred to Committees :

TUESDAY, AUGUST 8, 1922.

713

By Mr. Guess of DaKalb-

House Bill No. 726. A bill to. amend Georgia Workmen's Compensation Act.

Referred to the Committee on Commerce and Labor.

By Messrs. Horne and Thomson of Dodge--
House Bill No. 933. A bill to amend Act creating new charter for Eastman.
Referred to the Committee on Corporations.

By Mr. Rutherford of Monroe--
House Bill No. 583. A bill to provide for an establishment of a school of Mecanical Arts in Georgia.
Referred to the Committee on Agriculture.

By Mr. Macintyre of Thomas-
House Bill No. 883. A bill to tax Gypsy Horse Traders.
Referred to the Committee on Appropriations and ]finance.
By Mr. Hufstetter of Murray, et al.House Bill No.. 805. A bill. to prohibit taking of
fish from any stream in Georgia with seine net, etc., for five years.
Referred to the Committee on Game and Fish.

714

JOURNAL OF THE SENATE,

By Mr. McClelland of DeKalb-
House Bill No. 1.45. A bill relative to persons conYicted of a crime.
Referred to the Committee on General Judiciary No. l.

By Mr. DuBose of Clarke etc.-
House Bill No. 832. A bill to amend Act providiilg for collection of tax on distributors of fuel oils.
Referred to the Committee on Appropriations and ];' inance.

By Mr. Steele of DeKalb-
House Bill .No. 680. A bill to amend Georgia VI!orkmen 's Compensation Act relative to salaries of certain officers.
Referred to the Committe ou Commerce and Labor.

By Mr. Baldwin of Morgan-
House Bill No. 927. A bill to amend Act amending new charter of l\Iadisou.
Referred to the Committee on ( 'orporations.
By Mr. Horne of Dodge, etc.. House Bill No. 745. A bill to amend several Acts for creation , maintenance, etc., of Confederate Soldiers Home of Georgia.
Referred to the Committee on Pensions.

TuESDAY, AuGUST 8, 1922.

.715

By Mr. DuBose of ClarkeHouse Bill No. 561. A bill to amend Act creating
Department of Insurance.
Referred to the Committee on Insurance.

By Mr. Knight of Berrien-
House Bill No. 630. A bill to provide for change of venue in investigation by Grand Juries when no qualified Grand Jury can be found in the county where the crime was committed.
Referred to the Committee on General Judiciary No.2.

By Mr. Stovall of McDuffee-
Honse Bill No. 934. A bill to amend an Act fixing salary of Solicitor General of Augusta Judicial Circuit.
Referred to the Committee on Special Judiciary.

By Mr. Whitaker and Webb of Lowndes-
House Bill No. 300. A bill to amend Act creating office of State Veterinarian.
Referred to the Committee on Agriculture.

By Mr. Ennis of Baldwin-
House Resolution ~ o. 200. A bill to provide for a school building site on the State farm.
Referred to the Committee on Penitentiary.

716-

JOURNAL OF THE SENATE,

The following resolution was read and adopted:
By Mr. Beckham of Dougherty-
House Resolution No. 216. A resolution authorizing Secretary of State to correct error in local bill for Dougherty County.
The following message was received from His Excellency the Governor, through his Secretary, Mr. McCurry:

lift. 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.

Mr. Thomas moved the Senate disagree with the report of the Committee on Constitutional Amendments, which committee did report Senate Bill No.2 to the Senate with a recommendation that it do not pass.

Mr. Wohlwender called for he ayes and nays and the call was sustained.
The roll call 'vas ordered and the vote was as fol-
lQWS:

Those voting in the affirmative were Messrs :

Cone, Howell Colson, D. C. Davidson, J. E. Ellis, R. C. Golucke, Alvin G. Hollingsworth,

Hunt, T. M. Jackson, J. B. Jones, John H. Lassiter, W. H. Sheffieid, R. H. Tay:or, Geo. W.

Thoma~, James R. Thorpe, E. M. Wohlwenclcr, Eel. Womble, M. D.

TuEsDAY, AuGusT 8, 1922.

717

Those voting in the negative were Messrs:

Akin, L. R. Bellah, .T. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Gampbe'l, R. W. Childs, E. W. Collum, J. M. Da,id, A. B. Fleming, W. 0.

r'oy, John K Haralson, Pat Hutchins, H. C. Johns, G. A. Jone,;, 0. K. of 6th Kimze_v, Sam Manson, Frank C. ~lills, J. H. :'\ix, 0. A. l'almour, J. E.

Peacock, C. H. Pope, David F. Richards, Will Snow, Russell E. Tarpley, R. 0. Walker, B. F. \\":eaver, J. D. \\"illiams, Wile~

'Phose not voting were :Messrs:

Fleming, Denis Holmes, H. H. Ridl<y, D1. C. L.

Rountrcf', J. L. Htomll, E. B. Wall. Dan

Mr. l'esident

Ayes 16, Nays 28.

On the motiOI~ to disagree with the report of the committee the ayes were 16, the Nays were 28, and the motion to disagree with the committee was lost.

The report of the committee, which was unfavorable to the passage of the bill, was agreed to and the bill was declared lost.

Mr. Fleming of the 8th District, moved that the Senate disagree to the report of the> Committee on Privileges and Elections which committee reported House Bill No. 563 back to the Senate with a recommendation that it do not pass.

'rhe hour of 1 o'clock having arrived the President, under a previously adopted resolution, announced the Senate adjourned until 3 o'clock this afternoon.

718
3 P.M.

The Senate reconvened at this hour and was called to order by the President.
On the call of the roll the following Senators ~n::;wer(;d to their names:

Akin, L. R. Bellah, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. ('ampbell, R. W. Childs, E. \V. Collum, J. M. Cone, Howell Ellis, R. C. I'leming, Denis J'leming, W. 0. Fo.v, John E. Golneke, Ahin G.

Haralson, l'at Ho:lingsworth,
Hunt, 'r. }1.
Ilnt~hins, H. C. .Jackson, .J. B. John~, G. A. .JotHs, John H. .Jones, 0. K. of 6th Kimzey, Sam :\!:anson, Frank C. }fills, J. H. Xix, 0. A. Palmour, J. E. Peaeock, C'. H.

Pope, DaYid F. Richards, Will RountreP, ,J. L. Sheffield, R. 11. Snow, Russell E . Tarpley, R. 0 . Thomas, James R. Thorpe, E. M . \\'alker, B. F. \\'eaver, J. D. \\'illiams, \\'ile_,. Wohlwender, Ed. Womble, :\[. D.

Those abHeut were:

('olson, D. C. Dn,id, A. B. Davidson, .J. K Holmes, R. H.

Lassiter, W. H. Ridl<'_,., Dr. C. L. KtoYall, E. B.
Tn~'or, Go:>o. vV.

Wall, Dan Mr. l'rrsi<lt>nt

Mr. Palmour, Chairman of the Committee on Privileges and Elections, submitted the following report:

lYlr. President:
Your ( 'ommittee on Privileges and Elections has had under consideration the following resolution of the Senate and instructed me, as their Chairman, to

TuESDAY, AuausT 8, 1922.

719

report the same back to the Senate, with the recommendation that the same do pass, to-wit:

By .Mr. Walker-
Resolved that the privileges of the floor be extended to Hou. Wni. H. Davis of the City of Waynesboro, for two days.
J. E. PALMOUR, Chairman.

The report of the committee was adopted.

Under the head of unfinished business the question mHler consideiation was:
A motion by Mr. :B'leming of 8th, that the Senate llisagree with the report of the Committee on Privileges and Elections, which committee reported House Bill ~o. 563 back to the Senate with a recommendation that it do not pass.

Mr. Snow moved that the Senate do now adjourn.

~lr. Jones of 37th called for the Ayes and Nays and the call was sustained.
'l'hc roll call was ordered and the vote was as follows:

Those votiug in the affirmative were ~Iessrs:

Akin, L. R. Brown, L. (". ( 'ampiJC'"l. R. W.
('olson, n. (.

.Jones, John H. .Manson, Frank C. ~fills, J. H. Rnow, Russ<>ll K

Tl omas, .JamC's R. \\'eaver, J.D. Wohlwender, Ed.

720

JouRNAL OF THE SENATE,

Those voting in the negative were Messrs:

Bellah, .J. M. Bond, Chas. N. Boykin, James H. Cl1ilds, E. W. Collum, J. M. Cone, Howell Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G.

Haralson, Pat Ho:lingsworth, Hunt, T. M. Hutchin~. H. C. .Jackson, J. B. Johns, G. A. Jones, 0. K. Kimzey, Sam Xix, 0. A. Palmour, J. E. Peacock, C. H.

Pope, David F. Richards, Will Sheffield, R. H. rarpley, R. 0. ray:or, Geo. W. Thorpe, E. M. Walker, B. F. Williams, Wiley Womble, M.D.

Those not voting were Messrs :

David, A. B. Davidson, J. E. Holmes, R. H.

Lassiter, W. H. Ridley, Dr. C. L. Rountree, J. L.

Sto,all, E. B. Wall, Dan ML President

Ayes 11, Nays 31.

On the motion to adjourn the Ayes were 11, the Xays were 31, and the motion was lost.

Mr. Wohlwender called for the previous question and the call was sustained.

~Ir. Sheffield called for the Ayes and Nays and the <'Hll was sustained.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Bellah, .J. M. Childs, E. W. Collum, J. M. Da,idson, J. E.
Ellis, R. <
Fleming, W. 0. Foy, John K

Haralson, Pat HutC'hin~, H. C. .Jones, 0. K. }anson, ]<'rank C. :Vlills, J. H. Pope, David .E'. ~iehards, Will

i:'luow, Russell E. Thomas, James R. Thorp<.', E. M. \\'ieav<.'r, J. D. Wohlwender, Ed

TuESDAY, AuousT 8, 1922.

721

Those voting in the negative were Messrs:

Akin, L. R. Bond, Chas. N. Brown, L. C. Campbell, R. W. Cone, Howell Colson, D. C. David, A. B. Fleming, Denis

Golucke, Alvin G. Hollingsworth,
Hunt, T. M:
Jackson, J. B. Johns, G. A. Jones, John H. Nix, 0. A. Palmour, J. E.

Peacock, C. H. Rountree, J. L. Sheffield, R. H. Tarpley, R. 0. Taylor, Geo. W. Walker, B. F. \\'illiams, Wiley Womble, M. D.

Those not voting were Messrs :

Boykin, James H. Holmes, R. H. Lassiter, W. H.

Kimzey, Sam Ridley, Dr. C. L. Stovall, E. B.

Wall, Dan Mr. President

Ayes 19, Nays 24.
On the motion to disagree with the report of the committee the Ayes were 19, the Nays were 24, and the motion to disagree was lost.
The report of the committee, which was unfavorable to the passage of the bill was agreed to and the bill was dee:lared lost.
-:\Ir. \Vohlwender gave notice that at the proper time he would move that the Senate reconsider its action in defeating the motion to disagree with the committee with reference to House Bill No. 563.
Mr. Snow moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 10 o'clock.

722

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
August 9, 1922.

The Senate met pursuant to adjournment at 10 o'clock A. M. and was called to order by the President.
Prayer \vas offered by the Chaplain.
Mr. David asked unanimous consent to dispense with the roll call.
}J:r. Snow objected.
The Secretary proceeded with the roll call.
~lr. Haralson asked unanimous consent that the roll call be dispensed with and the consent was granted .
.Mr. l<'oy, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
~lr. David asked unanimous consent that the reading of the .Journal of yesterday's proceedings be dispensed with.
~lr. Snow objected.
The Secretary proceeded with the reading of the Journal of yesterdays proceedings.
.Mr. Golucke moved that the reading of the Journal uf ye~terday 's proceedings be dispensed with.

WEDNESDAY, AuGUS'l 9, 1922.

723

Mr. Snow 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:

Bellah, J. M. Bond, Chas. ?\. Boykin, James H. Brown, L. C.
Childs, E. w.
Collum, J. M. Cone, Howell Colson, D. C. DaYid, A. B.
Davidson, J. E. Ellis, R. c.
F'lcming, Denis

~'leming, W. 0. Goluckc, Alvin G. Haralson, Pat Hollingsworth, Hunt, T.. M. Jackson, J. B. J alms, G. A. Jones, 0. K. Kimzey, Sam Lassiter, W. H. Mills, J. H. Xix, 0. A.

Palmour, J. E. Peacock, C. H.
Pope, David F.
Rirlley, Dr. c. L.
Rountree, J. L. Sheffield, R H. Tarpley, R 0. Taylor, Geo. W. Thomas, James R.
Thorpe, E. M.
Walker, B. F. \\'illiams, \\' iley

Those voting in the negative were Messrs:

( 'amplw:J, R. \V. .1oJlls, John H.

Riehards, Will "now, Russell E.

Wall. Dan \V,eaYcr, J. D.

Those not voting were Messrs:

Akin, L. R. ~'oy, John E. Holmes, H. H.

Hut<hins, H. C. Manson, Frank C. iStoYall, E. B.

Wohlwender, Ed. Womble, M. D. Mr. President

Ayes 36, Nays 6.

On the passage of th'e motion to dispense with the reading of the Journal the Ayes were 36, the Nays were 6 and the motion prevailed.

By unanimous consent the following resolution wa~S read th0 third time and put upon its passage.

724

JouRNAL o.F THE SENATE,

By Messrs. Guess of DeKalb and Davis of Floyd-
House Resolution 203. A resolution to create a commission to regulate the distribution of coal within this State.
The report of the committee which was favorable to the passage of the Resolution was agreed to.
On the passage of the Resolution the Ayes were 30, the Nays were 0.
The Resolution having received the requisite constitutional majority was passed.
Mr. Thomas moved that Senate Bill No. 241 be taken from the table and put upon its passage and the motion prevailed.
The following bill was read third time and taken up for consideration.

B~, :Mr. Thomas-
Senate Bill No. 241. A bill to pl'Ovide for the rotation of Superior Court Judges.
}fr. Snow called for the previous question and the call was sustained.
Mr. Nix offered the following amendment.
''Amend Sec. 6 by adding the word ''travelling,'' after the word ''Actual'' in second line, also by adding the word "travelling" after the word "the" in line 8 of said Section.
The amendment was adopted.

WED~ESDAY, AuGUST 9, 1922.

725

On the passage of the bill Mr. ~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 affin~ative were Messrs :

Akin, L. R.
Bond, Chas. N.
Brown, L. c. Campbell, R. w. Childs, E. w.
Cone, Howell
Colson, D. c.
Davidson, J. E.
Ellis, R. c.
Fleming, Denis
Fleming, W. 0.

Golucke, Alvin G.
Ho:Jingswort h, Hunt, T. M. Jackson, J. B. .Johns, G. A. Jones, John H. Jones, 0. K. Lassiter, W. H. Mills, J. H. Xix, 0. A. Palmour, J. E.

l'eacock, <. H. Hhtley, Dr. C. L. Rountree, J. L. :Suo", Russell E. Tarpley, R. 0 . Tayior, Geo. W. Thomas, James R. Thorpe, E. M. Wall, Dau \\',ea \er, J. D. \\'illiams, \\'iley

Those voting in the negative were Messrs:

Bellah, .J. M. Boykin, James H. Collum, J. M. David, A. B. Haralson, Pat

Hutchins, H. C. Kimzey, Sam Pope, David F. Richards, Will Shdfi~ld, R. H.

BtoYall, B. B. \\'alker, B. F. Womble, M. D.

Those not voting were Messrs :

1-'oy, John E. Holmes, R. H.

:\1unson, Frank C. Wohlwender, Ed.

.\lr. l'rcs'ident

Ayes 33, Nays 13.

On the passage of the bill the Ayes were 33, the Nays were 13.

The bill having received the requisite constitutional majority was passed.

726

Jol:RXAL oF THE SENATE,

Mr. Thomas moved that the bill be immediately transmitted to the House and the motion prevailed.
Mr. Brown moved that Senate Resolution No. 106 be taken up at this time.
Mr. Brown asked unanimous consent that further consideration of Senate Resolution No. 106 be postponed till tomorrow inorning at 11 o'clock and the consent was granted.
Mr. Peacock of the 48th asked unanimous consent that House Bill No. 933 be withdrawn from the Committee on Corporations, read the second time, and recommitted to the Committee on Corporations.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges of the Floor has had under consideration the following resolutions 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:

By Mr. Pope-
Resolved that the privileges of the floor be extended to Mrs. E. :M. Thorpe, wife of distinguished Senator from Second District, for 2 days.

By Mr. GoluckeResolved that privileges of the floor be extended

WEDNESDAY, AuGusT 9, 1922.

727

to Mr. Horace F. Wynne, of Taliaferro County for 2 days.
J. E. PAL:NIOUR, Chairman.

The report of Committee was adopted. The following resolution was read and adopted:

By Mr. Nix:, Mr. Jackson and Mr. Rountree-
Senate Resolution No. 110-
Whereas, it is with deep sorrow that the Senate learns of the death of the father of our beloved fellow member, Senator R. H. Holmes of the 22nd District.
Therefore, be it resolved, by the Senate that we hereby express our deepest sympathy to our beloved fellow Senator in this hour of his sad affliction.
Resolved further, that this resolution be spread upOll the Journal and the Secretary be instructed to forward a copy to Senator Holmes.
By unanimous consent Senate Bill No. 211 was recommitted to the Committee on General Judiciary No.1.
The following communication was read for the information of the Senate:
Atlanta, Ga.
. LEGION LUNCHEON
The Posts of the American Legion located in Atlanta extend to the members of the General As-

728

J O"CRXAL OF THE SENATE,

sembly who served in the Army, Navy or Marine Corps during the World War a cordial invitation to attend the Luncheon to be given in their honor at the Ansley Hotel at 12 :30 o'clock Friday August 11th, 1922.
This entertainment is given by the posts of the American Legion in honor of their Comrades who served their country in time of war and who are now serving their State in time of peace.
Posts N"o. 1, 51 and 78.
Mr. Hutchens asked unanimous consent that Senate Bill No. 256 be withdrawn from the Committee on Constitutional Amendments, read the second time and recommitted to the Committee on Public Roads.
Mr. Bellah asked unanimous consent that all Senators having bills or resolutions 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 committee:
By Mr. Bellah and Mr. Hutchens-
Senate Bill No. 318. A bill to amend Section 24 of Act establishing Department of Insurance.
Referred to the Committee on Insurance.
By Mr. Weaver-
Senate Bill No. 319. A bill to provide for organization and taxation of corporated mutual insurance companies.

WEDNESDAY, AuGUST 9, 1922.

729

Referred to the Committee on Insurance.

By Mr. Golucks-
Senate Bill No. 370. A bill to amend charter of City of Crawfordville.
Referred to the Committee on Special Judiciary.
Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report:

M1. President:
Your Committee 011 Counties and County Matters has had under consideration the following bills of the Senate and House and instru.cted 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. 884. Do pass. House Bill K o. 888. Do pass. House Bill No. 914. Do pass. House Bill No. :204. Do pass. House Bill No. 886. Do pass. Senate Bill K o. 316. Do pass. Senate Bill No. 317. Do pass.
RouKTREE, Secretary.

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report :

730

JOURNAL OJ<' THE SENATE,

Mr. Presiden.t:

. Your Committee on Counties and County 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-wit:

House Bill No. 758. Do pass.

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 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. 857. House Bill No. 906.
JONES 37th, Chairman.

Mr. Ellis of the 47th District, Chairman of the Committee on Public Roads, submitted the following report:

M'r. Presidentt:
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

WEDXESDAY, AuausT 9, 1922.

731

back to the Senate, with the recommendation that the same do pass as amended, to-wit:
Senate Bill No. 207. Respectfully submitted, ELLIS, Chairman.

M.r. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee ou Special Judiciary 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. 199. Senate Bill No. 204. Senate Bill No. 251. Senate Bill No. 296. Senate Bill No. 298. Senate Bill .No. 299. Senate Bill No. 300. Senate Bill No. 301. Senate Bill No. 310.
Also the following resolutions of the Senate, with recommendation that same do pass:
Senate Resolution No. 107.
Senate Resolution No. 108.
uum.ITBt0 ':!rxonrrof)

732

Jol:RNAL OF THE SENATE,

Mr. Campbell, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
Your Committee on Penitentiary has had under consideration the following resolution cf the House aPrl instructed me, as their Chairman, tv report the "ame La(:k to the Senate, with the recommendation that the 1,ame do pass, to-wit:
House Resolution No. 200.
R. W. CAMPBELL, Chairman.

Mr. Snow, Chairman of the Committee on Railroads, submitted the following report :

Mr. Presiden.t:
Your Committee on Railroads 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 as amended, to-wit:
House Bill No. 260.
SNow, Chairman.

Mr. Childs of the 12th, Chairman of the Committee on Educ-ation, submitted the following report:

Mt. President:
Your Committe on Education bas had under consideration the following bills of the Senate and in-

WEDNESDAY, AUGUST 9, 1922.

733

structed 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. 311. Manson, 35th.

CHILDS, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

iJ1. r. Presi.dwnt:

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. 934. Reference to McDuffie County Solicitor.
House Bill No. 823.
House Bill No. 617.
GoLUCKE, Chairman.

Mr. Walker of the 18th, Chairman of the Committee on Appropriations and Finance, submitted the following report:

1~tb-. Ptesident:
Your Committee on Appropriations and Finance has had under consideration the following bills of the House and instructed me, as their Chairman, to re-

734

JouRNAL oF THE SENATE,

port the same back to the Senate, with the recommendation that the same do pass, to-wit:

House Bill No. 832.

House Bill No. 883.

B. F. WALKER, Chairman.

The following bills, favorably reported, were read

the second time :



Senate Bill No. 204. A bill to provide for destruction of firearms by Sheriffs of this state.
By Mr. Kimzey-
Senate Bill No. 207. A bill to amend Act reorganizing and reconstructing the State Highwtty Department.
By Mr. ]'leming of 8th.
Senate Bill No. 251. A bill to provide a remedy for an applicant for certiorari from judgment of any City Court, etc.
By Mr. ~ansonSenate Bill No. 296. A bill to amend Code provid-
ing that every father may appoint a testimentary guardian.

W~<~DNESDAY, AuGUST 9, 1922.

735

By Mr. Manson-
Senate Bill No. 298. A bill to amend Code which provides who shall be the natural guardian..

By Mr. Manson-
Senate Bill No. 299. A bill to amend Code providing for the appointment of guardians for minors.

B~ Mr. Manson-
Senate Bill No. 300. A bill to amend Code rela~ tive to abducting or harboring wife.

By Mr. Manson-
Senate Bill 'No. 301. A bill to repeal section 4467 of Code relative to action against person who sells liquor to son.

B~ Mr. Manson-
Senate Bill No. 310. A bill to amend Code to determine line between Georgia and South Carolina.

By Mr. Manson-
Senate Bill No. 311. A bill to provide for teaching of the Constitutions of United States and Georgia in Public Schools.
By Mr. Peacock-
Senate Bill No. 316. A Bill to repeal Act creating Commissioners of Wilcox County.

736

JouRNAL OF THE SENATE,

By Mr. Peacock-

Senate Bill No. 317. A bill to create a Board of Commissioners of Roads and Revenues for Wilcox County.

By Mr. Manson-
Senate Resolution No. 107. A resolution to relieve P. P. Jackson on bond of Price Hubbard.

By ~Ir. Manson-
Senate Resolution No. 108. A resolution to relieve P. P. Jackson on bond of W. C. Wood.

By F'ulton Delegation-
House Bill No. 7158. A bill to amend Act creating charter of College Park.

By Mr. Atkinson of Chatham-
House Bill No. 857. A bill to amend charter of Savannah.

By Mr. Greene of Jones-
House Resolution No. 204. A resolution for the election of more than one member of Board of Commissioners of Roads and Revenues of Jones County.
By Mr. Coates of Pulaski-
House Bill No. 886. A bill to amend act creating . the office of Commissioners of Roads and Revenues
for Pulaski.

WEDNESDAY, AUGUST 9, 1922.

737

B~ Mr. Baldwin of Morgan-

House Bill No. 884. A bill to amend Act creating a Board of Commissioners for Morgan County.

By Mr. Macintyre of Thomas-
House Bill No. 883. A bill to tax Gypsy Horse Traders.

By Messrs. Hyman and Hawkins of Washington.
House Bill 914. A bill to authorize Mayor and
Council of Sandersville to collect a tax of 22 mills
on taxable property.

By Mr. Guess of DeKalbHouse Bill No. 617. A bill to fix compensation of
Jury Commissioners.
By Fulton Delegation-
House Bill No. 823. A bill to fix compensation for Bailiffs.
By Mr. Stovall of McDuffieHonse Bill No. 934. A bill to amend Act :fixing
salary of Solicitor General of Augusta Judicial Circuit.
By Mr. ( 'oates of PulaskiHouse Bill No. 888. A bill to amend an Act :fixing
the salary of Treasurer of Pulaski County.
Sig. 24---'Senate

738

Jov-RNAL oF THE SENATE,

By Mr. DuBose of Clarke, etc.

House Bill No. 832. A bill to amend Act providing for collection of tax on distributors of fuel oils.

By Messrs. Fickl~n and Bobo of Wilkes-
House Bill No. 906. A bill to amend charter of ..Washington, Ga.

By Mr. Coates of Pulaski-
A bill to amend Act fixing salary of Treasurer of Pulaski County.

By Mr. Ennis of Bald~
House Resolution No. 200. A resolution providing for a school building site on State Farm.

By Mr. Bentley of Pierce-

House Bill No. 260. A bill to change the name of

the Railroad Commission to the Georgia Public Ser-

vice Commission.



Mr. Jones of 37th asked unanimous consent that Senate Bills No. 254 and 255 be withdrawn from the Committee on Constitutional Amendments, read the second time and recommitted to the Committee on Public Roads and the consent was granted.

Mr. Peacock asked unanimous consent that Senate Bills No. 316 and 317 be withdrawn from the consideration of the Senate and the consent was granted.

WEDNESDAY: AuGFST 9, 1922.

739

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 hills of the House, towit:
House Bill No. 895. A bill to amend the charter of East Point, and for other purposes.
House Bill No. 941. A bill to create the office of Commissioner of Roads and Revenues of the County of Jeff Davis.
House Bill No. 919. A bill to repeal an Act creating Commissioners of Roads and Revenues of Wilcox County.
House Bill No. 937. A bill to amend Section 695 of Parks Code of Georgia, Vol 1, and for other purposes.
House Bill No. 205. A bill to propose an amendment to Article 7 of the Constitution of Georgia, known as the Income Tax Bill.
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, towit:

740

JOURNAL OF THE SENATE,

Senate Bill No. 288. A bill to incorporate the Town of Townsend in Mcintosh County.
House Bill No. 283. A bill to amend the Charter of Lincolnton.
House Bill No. 178. A bill to authorize the authorities of certain counties to prescribe period of fiscal year.
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 House, towit:
House Bill No. 917. A bill to c~eate a. Board of Commissioners of Roads and Revenues in and for the County of Wilcox.
House Bill No. 938. A bill to repeal ''Au Act to incorporate the Town of Aline in the County of Emanuel, and for other purposes.
House Bill No. 935. A bill to amend the Act creating the Board of Commissioners for Atkinson County.
House Bill No. 939. A bill to require the Board of Commissioners of Roads and Revenues of Candler County, to publish quarterly an itemized statement of the expenditures.
House Bill No. 924. A bill to repeal an Act amending the charter of the City of Cordele.

WEDNESDAY, AuousT 9, 1922.

741

The following House Bills were read the first time and referred to committees:

By Mr. Carswell of Williamson-
House Bill No. 205. A. bill. known as the Income tax bill.
Referred to the Committee on Constitutional Amendments.

By Fulton Delegation-
House Bill No. 895. A bill to amend charter of East Point.
Referred to the Committee on Corporations.

By Mr. King of Wilcox-
House Bill No. 917. A bill to create a Board of Commissioners of Roads and Revenues for Wilcox County.
Referred to the Committee on Counties and County Matters.

By Mr. King of Wilcox-
House Bill No. 919. A bill to repeal Act creating Commissioners of Roads and Revenues of Wilcox County.
Referred to the Committe on Counties and County Matters.

742

JOURNAL OF THE SENATE,

By Mr. Byrd of Crisp-
House Bill No. 924. A bill to repeal Act amending charter of City of Cordele.
.~eferred to the Committee on Corporations.

By Mr. Corbitt of Atkinson-
House Bill No. 935. A bill to amend Act creating Board of Commissioners for Atkinson.
Referred to the Committee on Counties and County Matters.

By Mr. Beck of Carroll-
House Bill No. 937. A bill to amend Code of 1910 relative to road duty in certain counties.
Referred to the Committee on Special Judiciary.

By Mr; Miles of CandlerHouse Bill No.. 938. A bill to repeal Act incor-
porating Town of Aline.
Referred to the Committee on CorporationS.

By Mr. Miles of Candler-
House Bill No. 939. A bill to require Board of
Candler County to publish quarterly an itemized statement of expenditures.
Referred to the Committe on Counties and County Matters.

WEDNESDAY, AuGusT 9, 1922.

743

By Mr. Stone of Jeff Davis-

House Bill No. 941. A bill to create office of Commissioner of Roads and Revenues for County of Jeff Davis.

Referred to the Committee on Counties and County Matters.

The following resolution of Senate was read and referred to committee.

By Mr. !<,leming of lOth-

Senate Resolution No. 109. A resolution to authorize the Governor to appoint a committee for purpose of approving priority orders for steam coal.
Referred to the Committee on Special Judiciary.
The following bills were read the third time and put upon their passage:

By Messrs. Revile and Pilcher of Muscogee-
House Bill No. 863. A bill to amend Code relative to selection of official organ for Muscogee 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, Nays 0.
The bill having received the requisite constitutional majority was passed.

744

JOURNAL OF THE SENATE,

By Mr. Whitaker of Lowndes-
House Bill No. 575. A bill to change name of South Georgia State Normal School at Valdosta.
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 1.

The bill having received the requisite constitutional majority was passed.

By Mr. Singletary of Grady-
House Bill No. 587. A bill to prevent taxing authorities in certain counties from levying of over 10 mills ad val-orem tax.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Ou the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Fulton Delegation-
House Bill No. 652. A bill to authorize additional ways for support of paupers in Fulton 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.

WEDNESDAY, AUGUST 9, 1922.

745

The bill having received the re9.uisite constitutional majority was passed.

By Mr. DeFoor of Clayton-
House Bill No. 747. A bill repealing Act incorporating City of Rex.
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, ~ays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Mundy of Polk-
House Bill No. 899. 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 31, ~ays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Dobbs and Gann of Cobb-
House Bill No. 845. A bill to amend Act estab1ishing new charter for Austell.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

746

JouRNAL oF THE SENATE,

On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite constitutional majority \vas passed.

By Fulton Delegation-
House bill No. 650. A bill to provide for necessary public sanitation 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 31, 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:

1V!r. President:
The House has concurred in the Senate amendment to the following House resolution, to-wit:
House Resolution No. 203.
Under the regular order of business the following bill was taken up: . By Mr. Manson of 35th-
Senate Bill No. 240. To be entitled an Act to amend Section 2820 of the CiYil Code of Georgia of 1910, relative to the increase of the capital stock of

WEDNESDAY, AuGUST 9, 1922.

747

Trust Companies, by providing that the capital stock of such companies shall not be limited "to a sum not exceeding two million dollars," and for oth~r purposes.

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.
Mr. Kimzey asked unanimous consent that Senate Bill No. 207 be referred to the Committee on Public Roads for a further hearing and the consent was granted.
The following bill was read the third time and taken up for consideration.

By Mr. Williams-
Senate Bill No. 195. A bill to rearrange Tifton Judicial Circuit.
Mr. Ellis made the point of order that S~nate Bill )Jo. 195 and House Bill No. 405 are the same bills and that, as House Bill No. 405 has passed both the House and Senate and was vetoed by the Governor, Senate Bill No. 195 is not legally before the Senate for consideration.
Mr. Ellis introduced the following resolution.
Resolved that the House be instructed to return

748

JOURNAL OF THE SENATE,

House Bill No. 405 to the Senate for the information of the Senate.
Mr. Snow offered the following amendment.

"Amend by adding 'Be it further resolved that the House shall transmit bill in question to Senate before 4 p.m. August 9th, 1922'."
The amendment was adopted.
Mr. Snow called for the previous question and the call was sustained.
The hour of adjournment having arrived the President announced the Senate adjourned till 3 P. M. today.

AFTERNOON SESSION,
3P.M. The Senate reconvened at this hour and was called to order by the President.
The following resolution was read and adopted. Boykin of the 29th District-
Resolved that the privileges of the floor be extended to Hon. H. B. Pitt, of Lincolnton, during his stay in the city.
The following .message was received from the House through Mr. Moore, the Clerk thereof:
ML President: The H;ouse has passed by the requisite constitu-

wEDNESDAY, AuGusT 9, 1922.

749

tional majority the following bills of the House, towit:

House Bill No. 851. A bill to authorize certain. counties to equip and maintain houses for fire proJ tection.

House Bill No. 929. A bill to fix the terms of the Superior Court of Jeff Davis County.

House Bill No. 932. A bill to repeal an Act creating the City Court of Cleveland.

House Bill No. 956. A bill to amend the charter of the town of Tybee.

House Bill X o. 954. A bill to amend the charter. of the Town of Decatur.

House Bill No. 918. A bill to change the terms of wilcox Superior Court.
The following message was received from the House through Mr. Moore, the Clerk thereof:

Jlr. Pre8ideut:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 875. A bill to amend an Act codef~ing the school laws of Georgia, relative to the tC'aching of vocal music.
House Bill No. 958. A bill to amend the charter of tlw c>ity of Valdosta.

750

JouRNAL oJ.' THE SENATE,

House Bill No. 900. A bill to repeal Acts relative to time of holding legal sales in the County of Muscogee .

. House Bill No. 955. A bill to change the name of the" town of Decatur" to" The City of Decatur."

House Bill No. 908. A bill to amend an Act establishing the City Court of Quitman.

House Bill No. 928. A bill to amend an Act establishing a system of public schools in the town of Hazlehurst.

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

Mr. President:
The House has passed by the requisite constitutional majorit~' the following bills of the _House, towit:
House Bill No. 950. A bill to amend, consolidate aud supersede the several Acts incorporating the City of Blue Ridge, Geor~ia.
House Bill No. 960. A bill to amend an Act :fixing the salary of the Treasurer of ~.,ranklin County, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:

Mr. P-resident: The House has passed by the requisite constitu-

WEDNESDAY, AuGUST 9, 1922.

751

tional majority the followi:n.g resolution of the House, to-wit:
House Resolution ~o. 81. A resolution to provide for a survey of Lands of the State known as the Colony LandR of Georgia State Sanitarium for the Insane.
The following message was received from the House through Mr. Moore, the Clerk thereof:

ill r. President:
The House has passed by the requisite constitutional majorit~r tlw following bills of the Senate; towit:
Senate Bill No. 263. A bill to amend an Act to establi1;3h the City Court of Eastman in Dodge County and for other purposes.
Senate Bill :No. 231. A bill to fix the time of holding the Superior Court in the various Counties comprising tlw Cordele Circuit of this State.
House Bill Xo. 276. A bill to change time of holdiJ!g .June term of Superior Court of Barrow County.
The following bills were read first time and referred to committee.

B~ Mr.Luke of Ben HillHouse Bill No. 875. A bill to amend Act codifying
school laws relative to vocal music. Referred to the Committee on Education.

752

JouRNAL OF THE SENATE,

By Mr. King of Wilcox.-
House Bill No. 918. A bill to change terms of Wilcox Superior Court.
Referred to the Committee on Special Judiciary.

By Mr. Guess, McClelland and Steele of DeKalb-
House Bill No. 954. A bill to amend Code creating charter for town of Decatur.
Referred to the Committee on Corporations.

. By Chatham DelegationHouse Bill No. 956. A bill to amend Acts granting corporate authority to Town of Tybee.
Referred to the Committee on Corporations.

By ~Ir. Henderson of White-
House Bill .No. 932. A bill to repeal Act creating the City Court of Cleveland.
Referred to the Committee on Special Judiciary.

By .Mr. Stone of Jeff Davis-
House Bill No. 929. A bill to fix the terms of the Superior Court of Jeff Davis County.
Referred to the Committee on Special Judiciary.

By Mr. Weston of Brooks-
House Bill No. 908. A bill to amend Act establishing the City Court of Quitman.

WEDNESDAY, AuGUST 9, 1922.

753

Referred to the Committee on Special Judiciary.

By DeKalb Delegation-
House Bill No. 955. A bill to change the name of "Town of Decatur" to "City of Decatur."
Referred to thE\ Committee on Counties and County Matters.

By Muscogee Delegation-
House Bill No. 900. A bill to repeal certain Acts relative to place of holding legal sales in County of
Muscoge~.
Referred to the Committee on Counties and County Matters.

By Mr. Holloway of FultonHouse Bill No. 851. A bill to build houses for fire
protection to citizens.
Referred to the Committee on Corporations.

By Mr. VanZant of Fannin-
House Bill No. 950. A bill to amend Act incorporporating the City of Blue Ridge.
R~ferred to the Committee on Corporations.

By Mr. Stone of Jeff Davis-
House Bill No. 928. A bill to amend Act authorizing the establishment of a system of public schools in the town of Hazlehurst.

754

.JO"CRKAL 0}' THE SEN ATE,

Refened to the Committe on Education.

By Mr. Gunnels of Franklin-
House Bill No. 960. A bill to amend Act fixing salary of Treasurer of Franklin County.
Referred to the Committee on Counties and County Matters.

B~ Mr. Whitaker of Lowndes-
House Bill X o. 958. A bill to amend Act chartering City of Valdosta.
Referred to the Committee-on Corporations.

B) l\Ir. Ennis of Baldwin-
House Resolution No. 81. A resolution to provide for a surve~' of lands of State known as colony lands of Georgia State Sanitation.
Referred to the Committee on State Sanitation.
~Ir. li,leming of the lOth, Chairman of the Comm!!tC'c on Commerce and Labor, submitted the following report:

Jlr. Pres-ident:
Your Committee on Commerce and Labor 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:

WEDNESDAY, AuGusT 9, 1922.

755

House Bill No. 680. House Bill No. 726.
Respectfully submitted, FLEMING, Chairman.

Mr. Wohlwender, Chairman of the Committee on Constitutional Amendments, submitted the following report:

JJr. President :
Your Committee on Constitutional Amendments 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 following recommendations, to-wit:
Senate Bill No. 188. Limit on counties to levy taxes, etc. Do pass.
House Bill No. 212. Provide for Biennial Sessions. Do pass.
House Bill No. 821. Provide to pay out of treasury of .Muscogee County $1000 to the Judge. Do pass.
1Ir. Ellis, Chairman of the Committee on Public Roads, submitted the following report:

illr. 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

756

JouRNAL oF THE SENATE,

back to the Senate, with the following rec~mmenda tions, to-wit:

Senate Bill No. 256. Senate Bill No. 254. Senate Bill No. 255. Senate Bill No. 207.

Do pass by substitute. Do pass by substitute. Do not pass. Do not pass.

Respectfully submitted,

ELLIS, Chairman.

The following bills, favorably reported were read the second time.

By _;_l,lr. Steele of DeKalb-
House Bill No. 680. A bill to amend Workmen's Compensation Act relative to the salaries of certain officers, etc.

By 2\Ir. Guess of DeKalb-
House Bill No. 726. A bill to amend Workmen's Compensation Act by providing a method of calculating wages received.

B, .}lr. Golucke-
Senate Bill No. 188. A bill to limit authority of counties relative to taxes.

B~ Muscogee Delegation-
House BillNo. 821. A bill to amend constitution regulating the salaries of the Judges of the Superior Courts.

WEDNESDAY, AUGUST 9, 192~.

757

By Mr. Mundy of Polk-
House Bill No. 212. A bill known as ''Biennial Sessions Bill.''
By unanimous consent the following bill was introduced, read first time and referred to committee.

By Mr. Golucks-
Senate Bill No. 321. A bill to revise and consolidate and re-enact and amend charter for Town of Sharon.
Referred to Committee on Special Judiciary.
Under the head of unfinished business the following resolution was taken up for consideration:

By Mr. Ellis.
Senate Resolution No. 111. A resolution instructing the House to return House Bill No. 405 to the Senate.
Mr. Ellis calledfor 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. Brown, L. C. Childs, E. \V. Cone, Howell Colson, D. C. Ellis, R. C.

Fleming, Denis Fleming, W. 0. 'Foy, John E. Jones, John H. Ridll'y, Dr. C. L. 1'\now, Russell E.

'l'arpley, R. 0. Thorpe, E. M. Wall, Dan Wohlwender, Ed.

758

,JOl.'RNAL OF THE SENATE,

Those voting in the negative were Messrs :

Akin, L. R. Bond, Chas. N. Boykin, James H. Campbell, R. W. Collum, J. l\1. David, A. B. Golueke, Alvin G. Haralson, Pat Hollingsworth, Hunt, T. M.

.Jackson, J. B. Johns, G. A. .Tones, 0. K. 1\imze~, Sam Mills, J. H. X'ix, 0. A. Palmonr, J. E. Peacock, C. H. Pope, David F. Richards, Will

Shcffil!ld, R. H. Stovall, E. B. Taylor, Geo. W. Thomas, James R. Walker, B. F. \\'iea ver, J. D. \\'illiams, Wiley Womble, M.D.

Those not voting were Messrs :

Davidson, J. E. Holmes, R. H. Hutchins, H. C.

Lassiter, W. H. :Manson, Frank C. Rountree, J. L.

Mr. President

Ayes 16, Nays 28.
On the passage of the Resolution the Ayes were 16, the Nays were 28.
The resolution having failed to receive the requisite constitutional majority was declared lost.
Mr. Snow moved that the Se.nate.do now adjoum.
.Mr. Snow 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. Campbell, R. W. Childs, E. W. Cone, Howell

Jones, John H. :-:now, Russell E. Thomas, James R. , Thorpe, E. l\1.

Wall, Dan Wohlwendel, Ed.

WEDNESDAY, AUGUST 9, 1922.

759

Those voting iu the negative were :Messrs:

Bellah, J. M. Bond, Chas. ?\. Boykin, James II. Collum, J. M. Colson, D. ('. David, A. B. Ellis, R. C. Fleming, Denis !<'leming, W. 0. J'oy, John E. Golueke, Alvin G.

llo:ling~worth,
Hunt, T. M. Hutchin3, H. C. .Jackson, J. B. .Johns, G. A. .Jonrs, 0. K. Mills, J. H. :\ix, 0. A. l'almour, J. E. l'cacock, C. H. Ri<"hards, Will

Hitllcy, Dr. C. L. Bhelfield, R. H. Stovall, E. B. Tarpley, R. 0 . Tayior, Geo. W . Walker, B. F . Weaver, J.D. \\" illiams, \\" ile~ Womhle, ::.1. D.

Those not ,-oting were ~[essr:;;:

Akin, L. R. Da\idson, J. E. Haralson, Pat Holmes, R. H.

K itnze~~, 8an1 Lassiter, W. H. -ianson, Frank ('. Pope, David F.

Rountree, J. L. Mr. President

Ayes 10, Nays 31.
On tlw motion to adjoum the Ayes were 10, the ~ays were 31 and the motion was lost.
Mr. Kix called for the previous question on Senate Bill X o. 195 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 agreed to.
.Mr. Ellis called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

760

JouRNAL OF THE SENATE,

Those voting in the affirmative were Messrs:

Akin, L. R. Bond, Cbas. K. B~ykin, James H. Brown, L. C. Campbell, R. W. Collum, J. M. Cone, Howell David, A. B. Fleming, Denis Fleming, W. 0. Golucke, Alvin G.

Hatalson, Pat Hoilingsworth, Hunt, T. M. Jackson, J. B. Johns, G. A. Jones, John H. Kimzey, Sam Mills, J. H. Xix, 0. A. Palmour, J. E. Peacock, C. H.

Pope, David }'. Richards, Will Rountree, J. L. Sheffield, R. H. Stovall, E. B. Taylor, Geo. W. Thomas, James R. Walker, B. F. Weaver, J. D. \\'illiams, \Vile~ Womble, M. D.

Those voting in the negative were Messrs :

Bellah, .J. M. Childs, E. W. Colson, D. C. Ellis, R. ('.

Foy, John E. .Jones, 0. K. Ric1ley, Dr. C. L. Sno\Y, Rn~se11 E.

Tarpley, R. 0. Thorpe, E. M . Wall, Dan 'Vohlwender, Ed.

Those not voting were Messrs :

Davidson, J. E. Holmes, R. H.

llutrhins, H. C. Lassiter, W. H.

Ayes 33, ~ays 12.

.\!anson, Frank C. :Mr. President

On the passage of the bill the Ayes were 33, the Nays were 12.

The bill having received the requisite constitutional majority was passed.

Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

11Jr. President:
Your Committee on Privileges of the Floor has had under consideration the following resolutions of

WEDNESDAY, AUGUST 9, 1922.

761

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:

By Mr. Nix-
Resolved that the privileges of the floor be extended to Hon. J. L. Oakes and wife for 2 days.

B~ Mr. Jones of 37thResolved that the privileges of the floor be extend-
ed to Ex. Senator Lunsford for a period of two days. Respectfully submitted,
J. E. PALMOUR, Chairman.

Mr. Clay moved that when the Senate adjourn this afternoon it stand adjourned till 8 o'clock P. M.
Mr. Snow moved that the Senate do now adjourn.
Mr. Snow called for the Ayes and Nays and the call \vas sustained.
The hour of 5 o'clock having arrived the President announced the Senate adjourned till tomorrow morning at 10 o'clock.

762

Joc.:RNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.

August lOth, 1922.

The Senate met pursuant to adjournment at 10 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 correct.
Mr. Jackson gave notice at the proper time he would move that the Senate reconsider its action on yesterday in passing House Bill No. 575.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.

Mr. Golucke asked unanimous consent that Senate Bill No. 320 and No. 321 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.
The following message was received from the House through Mr. Moore, the Clerk thereof:
The House has passed by the requisite constitutional majority the following bills of the House, towit:

THURSDAY, AUGUST 10, 19~~-

763

House Bill No. 959. A bill to establish a new charter for the Town of Locust Grove.
House Bill )/"o. 943. A bill to amend an Act and amendatory Acts creating a Board of Commissioners of Roads and Revenues of appling County.
House Bill No. 626. A bill to levy and collect a tax for the support of the State Government and public institutions, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:

JYJr. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 796. A bill to amend Act to recognize and reconstitute the State Highway Department.
The following message was received from the House through l\ir. Moore, the Clerk thereof:

lVlt. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 973. A bill to repeal in part Act incorporating the town of Cooledge in Thomas County.

764

JoeRNAL oF THE SENATE,

House Bill No. 861. A bill to require non-residents of Camden County to procure licenses to :fish in waters of said county.

House Bill No. 892. A bill to establish a State Depository in Crawford, Oglethorpe County.

House Bill No. 909. A bill to amend the charter of the Town of Canon in Franklin and Hart Counties.
House Bill No. 966. A bill to amend Act establishing system of public schools in Town of Canon.

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

Mr. Prestident:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 951. A bill to amend an Act establishing a Board of Commissioners for Wilkes County.
House Bill No. 885. A bill authorizing municipalities to appropriate sums to State Sanitarium for Tuburcular Patients.
House Bill No. 970. A bill to amend an Act creating a new charter for the town of Donalsonville.
House Bill No. 968. A bill to create city Court of Decatur.

THURSDAY, AUGUST 10, 1922.

765

The following House bills were read the :first time and referred to committees:

By Mr. Reagan of Henry-
House Bill No. 626. A bill to amend Act to levy tax for the support of the State Government.
Referred to the Committee on Appropriations and Finance.

By Mr. Moore of Appling-
House Bill No. 943. A bill to amend Act creating Board of Commissioners of Roads and Revenues for County of Appling.
Referred to the Committee on Counties and County Matters.

By Mr. Reagon of Henry-
House Bill No. 959. A bill to provide a new charter for Locust Grove, Ga.
Referred to the Committee on Corporations.
By Mr. Williams of Harris and Williams of Walton-
House Bill No. 796. A bill to amend Act reorganizing the State Highway Department.
Referred to the Committee on Public Roads.
House Bill No. 973. A bi1l to repeal in part and amend Act incorporating Town of Cooledge. B~r Mr. Macintyre of Thomas-

766

JOURNAL OF THE SENATE,

Referred to the Committee on Corporations.

By .Mr. Pickren of Charlton-
House Bill No. 861. A bill to require non residents of Charlton County to procure a license to fish in said county.
Referred to the Committee on Game and Fish.

By Mr. Davis of Oglethorpe-
House Bill No. 892. A bill to establish a State Depository in Crawford.
Referred to the Committe on Special Judiciary.

By Gunnels of Franklin and Mason of HartHouse Bill No. 69. A bill to amend Act incor-
porating City of Canon.
Referred to the Committee on Corporations.

By Mr. Bobo and Ficklin of Wilkes-
House Bill No. 951. A bill to amend Act establishing a Board of Commissioners of Roads and Revenues for Wilkes County.
Referred to the Committee on Counties and County Matters.

By Messrs. Gunnells of Franklin and Mason of Hart-
House Bill No. 966. A bill to amend Act author-

THURSDAY, AuausT 10, 1922.

767

izing Canon to establishing a system of public schools.
Referred to the Committee on Education.

By Mr. Hunter of Chatham-
House Bill No. 885. A Bill to allow each city to appropriate to Senate Sanitarium for Tubercular Patients.
Referred to the Committee on Corporations.

By Mr. Van Langingham of Seminole-
House Bill No. 970. A bill to amend Act creating new charter for Town of Donaldsville.
Referred to the Committee on Corporations.
By DeKalb DelegationHouse Bill No. 968. A bill to create and estab-
lish City Court of Decatur. Referred to the Committee on Special Judiciary.
The following Senate bill was read the first time and referred to the Committee:

By Mr. Rountree of 16th-.
Senate Bill No. 322. A bill to repeal an Act to incorporate the Tom School District in Emanuel and Johns County.
Referred to the Committee on Corporations.

768

JouRNAL oF THE SENATE,

Mr. Jackson moved that the Senate reconsider its action on yesterday in passing House Bill No. 575.

Mr. Bellah called for the previous question and the call was sustained.

Mr. Jackson called for the Ayes and Nays and the call was sustained.

The roll call was ordered and the vote was as follows:

'l'hose voting in the affirmative were Messrs:

Campbell, R. W. Jackson, J. B. Johns, G. A.

Nix, 0. A. Pope, David F. Sheffielrl, R. H.

Tarpley, R. 0. Thorpe, E. M. \\'-alker, B. F.

Those voting in the negative were Messrs:

Akin, L. R. Bellah, .J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Childs, E. \\". Collum, J. M. Cone, Howell
Colson, D. c.
David, A. B.
Ellis, R. C.
Fleming, Denis

}<~leming, W. 0.
Foy, John E. Golucke, Alvin G. Haralson, Pat Hollingsworth, Hunt, T. M. Jones, John H. Jones, 0. K. Lassiter, W. H.
Manson, Frank c.
Palmour, J. E'. Peacock, C. H.

Richards, Will Rountree, J. L. Snow, Russell E. Sto,all, E. B. Tayl.or, Geo. W. Thomas, James R. Wall, Dan Wleaver, J. D. Williams, Wiley Wohlwender, Ed. Womble, M. D.

Those not voting were Messrs:

Davidson, J. E. Holmes, R. H. Hutchins, H. C.

Kimzey, Sam Mills, J. H. Ridley, Dr. C. L.

Mr. President

Ayes 9, Nays 35.

THURSDAY, AuousT 10, 1922.

769

On the motion to reconsider the Ayes were 9, the Nays were 35 and the motion was lost.
The following resolution was read and adopted-

Br Mr. Thomas-

Be -it resolved that the Secretary be directed to continue handling all bills and resolutions as has been the practice in the past on the first, second and third reading.
Be it further resolved that we hereby approve the methods heretofore used as being in the interest of public business.
B'e it further resolved that all reference to this matter including the Secretary's remarks be expunged from the records and the Secretary is so directed.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. Pre&ident:
Your Committee on Privileges of the Floor has had under consideration the following resolutions 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:
By~{r. MansonA resolution extending privileges of the floor to
D. B. Blalock for 2 days.
Hig. 25-R!'nate .Journal.

770

JouRNAL m THE SENATE,

By Mr. Thorpe-
A resolution extending privileges of the floor to Judge Walter 1V. Shepard for 2 days.

J. E. PALl\IOUR, Chairman.

The report of committee was adopted.
Mr. Weaver asked unanimous consent that Senate Bill No. 319 be withdrawn from the Committee on Insurance, read the second time and recommitted to the Committee on Insurance and the consent was granted.
Mr. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:

Mr. President:
Your Committee on Privileges 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 recommendation that the same do pass, to-wit:
By Mr. Rountree-
A resolution extending, to the Hon Ben Hill Moye of Johnson County, th~ privileges of the floor for 2 days.
J. E. P ALMOUR, Chairman.
The report of the committee was adopted.

THURSDAY, AuuusT 10, 1922.

771

.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 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. 908.
GoLUCKE, Chairman.

Mr. Foy, Chairman of the Committee on 'Game and Fish, submitted the following report:

Mr. P-residetd:

Your Committee on Game and Fish 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 as amended, to-wit:
House Bill No. 805.

August 9th, 1922.

JNo. E. FoY, Chairman.

Mr. Childs of the 12th, Chairman of the Committee on Education, submitted the following report:
Mr. President: Your Committee on Education has bad under con-

772

JouRNAL OF THE SENATE,

sideration 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. 928.
House Bill No. 875.
CHILDs, Chailman.

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President :
Your Committee on Counties and County 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-wit:
House Bill No. 941. House Bill No. 935.
Respectfully submitted,
RICHARDS, Chairman.

Mr. Jones of the 37th, Chairman of the Committee on Corporations, submitted the following report:

J.ltlt. President :
Your Committee on Corporations has had under consideration the following bills of the House and

THURSDAY, AuGUST 10; 1922.

773

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. 304. Senate Bill No. 303. House Bill No. 894. By substitute. House Bill No. 911. Hous~ Bill No. 912. House Bill No. 9115. House Bill No. 897. House Bill No. 722. House Bill No. 842. House Bill No. 898. House Bill No. 880. House Bill No. 871. House Bill No. 887. House Bill No. 850. House Bill No. 896. House Bill No. 835. House Bill No. 924. House Bill No. 933. House Bill No. 950. House Bill No. 782. As amended.

Also that House Bill No. 958. Do not pass.

JoNES of the 37th, Chairman.

Mr. Lassiter, Chairman. of the Committee on General Judiciary No.1, submitted the :following report:

774

JouRNAL oF THE SENATE,

Mt. President :

Your Committee .on General Judiciary No. 1 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. 145.

LASSITER, Chairman.

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report :

M1'. President:
Your Committee on Counties and County 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-wit:
House Bill No. 877: Do pass.
House Bill No; 876. Do pass.
Ref\lpectfully submitted,
RICHARDs, Chairman.

The folhhvi11g bills' favorably reported were read the second time :

THUHSDAY, AUGUST 10, 1922.

775

By'Messrs. McDonald, Pilcher and Reville: of Richmond-

House Bill No. 722. A bill to' amend the charter

of the City of Augusta.

i

By Mr. Byrd of Crisp-
House Bill No. 835. A bill to repeal the present charter of Cordele~

By Mr. Wood of Twiggs-
House Bill No. 880. A bill. to amend an Act to establish a new charter for the City of Jeffersonville.

By Mr. Macintrye of Thomas-

House Bill N.o. 898.

A. .b' il:l.

to .

a.m..e. ,n..d

the.

charte.r.

of the City of Thomasvil}e..

By Mr. Wimberly of Laurens-
House Bill No. 912. A bill to amend an Act areating a new Charter for the town of Rockledge,

By Messrs. Pilcher, McDonald and. Reville of Rich" mond-
House Bill No. 871. A bill to amend the charter of the City of Augusta and Acts of.the Gen,eral ,Assembly, creating. a Board of Health of the City of Augusta.
By Mr. Quincey of Coffe~ House Bill No. 911. A bill to amend th~ charter
of Nichols, Coffee County.

776

JOURNAL OF THE SENATE,

By Messrs. Bentley, Holloway and Moore of Fulton-

House Bill No. 896. A bill to amend the charter of East Point by providing civil service in police department.

By. Messrs. Langford and Duncan of Hall-
House Bill No. 782. A bill to create a new charter for the City of Gainesville.

By Messrs. Winship, Fowler and Malone of Bibb-
House Bill No. 842. A bill to amend the charter of the City of Macon.
By Messrs. Hufstetter and Murray, Owen of Gordon, McClure. and Jones of Walker, and Sapp of Whitfield-
House Bill No. 805. A bill to prohibit taking fish from any of the streams of this State with seine, net, gig or spear or any other device than hook and line for period of five years.

By Mr. Coates of Pulaski-
House Bill No. 887. A bill to amend an Act meating new charter for the City of Hawkinsville.

By Messrs. Gann and Dobbs of Cobb-
House Bill No. 894. A bill to amend the charter of the City of Marietta.

THUHSDAY, AuausT 10, 1922.

777

By Mr. Brantley of Pierce-
House Bill No. 850. A bill to amend an Act to create and incorporate the City of Blackshear;

By Mr. Byrd of Crisp-
House Bill No. 924. A bill to repeal an Act amending the charter of the City of Cordele. '

By Messrs Bentley, Holloway and Moore of Fulton. House Bill No.. 897. A bill to amend charter of
East Point so as to provide for wards.
B~ Mr. Holland of Tattnall-
House Bill No. 877. A bill to amend an Act known as thf' "Tattnall Road Law Adopted."

B~ Mr. Brown of Emanuel-
House Bill No. 915. A bill to amend an Act to incorporate the City of Adrian in the Counties of Emanuel and Johnson.

B:v Mr. Stone of .Jeff Davis-
House Bill No. 941. A bill to create the office of Commissioner of Roads and Revenues for the County of Jeff Davis.
By Mr. Holland of Tattnall-
House Bill No. 876. A bill to amend an Act known as the "Tattnall Board of Commissioners created."

778

JouRNAL OF THE SENATE,

By Mr. Corbitt of Atkinson-
House Bill.No. .935. A .. bill to amend the Act creat-
ing the Board , of. Co1~1missioners for Atkinson County.

B~ Mr. Luke of Ben Hill-
H~rise Bill No: 875. A bill to amend an Act code-
fying the school laws of Georgia relatiYe to vocal
lUUfilC ..
,l,
By l\1. Sto.ne of Jeff Davis-
House Bill No: 928. A bill to amend an Act to
authorize the establishment of a system of public schools in the Town of Hazlehurst.

B~ Mr. \Vestou of Brooks-
House Bill No. 908. A bill to amend an Act establishing the City Court of Quitman, defining the jurisdiction of said court.

B) Mr. McClelland of DeKalb-
House Bill No. 145. A bill relative to persons who have been convicted of cri.me in this state.

B.\' Mr. FJllis of 47thSei13:te Bill'No. 303. ~<\_bill to amend an Actereat-
ing a ne\v charter for City of Tifton.
Br Mr. Jones of 6thSenate Bill No. 3~. A bill to amend an Act incor-
porating the City of Valdosta.

THURSDAY, AuGUST 10, 1922.

779

The following bill was taken up for the purpose of concurring in the House amendments :

By Mr. Jones of 37th-
Senate Bill No.7. A bill known as the Australian Ballot Bill.
Mr. Neill, of Muscogee' offered the following amendment:
Amendment No. 1:
''Amend bill by striking from Sec. 1 the figures 1922 and substituting in lieu thereof the figures 1924 so as to make such bill effective from and after J anuary 1, 1924."
The amendment was adopted.
The Committee on Privileges and Elections offered the following amendment.
Amendment No. 2.
''Amend by striking from line 7 of Section 1 of said bill the word" Joint" and the words "Board of Registrars,'' and insert in lieu of the words "Board of Registrars" the word "Ordinary" to that after amending the line No. 7 of Section 1, shall read "Duty of the Ordinary of each county 'at'."
The amendment was adopted.
The committee offered the following amendment.
Amendment No. 3:
''Amend by adding to Section 1, after the last line,

780

JouRNAL OF THE SENATE,

the foUo,ving: "No person or persons other than the voter himself, while occupying the booth or while in the immediate act of voting, shall come within ten feet of said booth or booths while said polls are open. Thi13 Section shall not apply to any of the officers in charge of holding said election.''

The amendment was adopted.

:Mr. Neill of Muscogee offered the following amendment:

Amendment No. 4.
"Amend by adding at end of Sec. :2 thereof the following language.
"All candidates for nomination for State and County officers, including members of the General Assembly, in primary elections which are called and held by any political party, shall qualify as such candidates, in accordance with the rules of the party, calling the primary not later than thirty days previous to the holding of such primary and the committee or other party authority of such party shall not fix any other or different time limit, provided h<nvever that this provision shall not apply to special primary elections to fill ntcancies. ''
The amendment was adopted.
The collllllittee offered the following amendment:
Amendillent No. 5.
Amend bill further by striking from Sections 3, 7, 16 and 17 the words "Board of Registrars" and

THt:HSDAY, AllG"l'"8T 10, 1922.

781

the words ''members of the Board of Registrars'' or by striking from any other section in this bill where these words appear, and insert in lieu thereof the words ''Ordinary.''

The amendment was adopted.

.:\lr. Neill of :Muscogee offered the following amendment:

Amendment No. 6:
Amend by adding after the word ''election in the 22 line of Section 3 of said bill fixing the time for the filing of names with the Secretary of State the following language.

''Except in cases where a second Primary Election is necessary the names of such candidates shall be filed with the Secretary of State just as soon as possible after the determination of the result of said second primary.''

The amendment was adopted.

The eommittee offered the following amendment:
A meudment 1\o. 7:
'' I'urther amend said bill by striking from said biil the Sections No. 18 and No. 19, and renumbering the following Sections accordingly.''

The hour of adjoumment having arrived the Pre8ident announced the Senate adjoumed till 3 P. M. today.

782

,JouRNAL oF THE SENATr:,

AFTERNOON SESSION,
3P. M.

The Senate reconvened at this hour and was called to order by the President.
Under the head of unfinished business the followillg bill was taken up for the purpose of concurring in the House amendments:

By Mr. Jones of 37th-
Senate Bill No. 7. A bill known as the Australian Ballot Bill.
The committee offered the following amendment: Amendment No. 7:
''Amend said bill by striking Sections 18 and 19 of said bill and numbering the remaining Sections accordingly.''
Mr. Jones of 37th moved that the Senate disagree with the House amendment.
~Ir. Childs called for thP Ayes and Nays and the call was sustained.
The roll call wa;:; onlcr"d and the yotc was as follows:

Those voting in the affirmative \vere l\Iessrs:

Akin, L. R. Bellah, ,J. M. Bond, <.:has. X. Boykin, James H. ('ampbu:J, R. W.

Collum, J. :\I. ( 'oiH', Howell Da\"idson, J. E. ~:lliH, R. ( . 1-'lt>ming, Denis

Fleming, W. 0. Fo.v, John K Uolucke, Alvin G. ll a raison, Pat llo Iing-swort h,

THURSDAY, AuousT 10, 1922.

783

Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. Kimzey, Sam Mills, J. H.

:-.;ix, 0. A. l'almour, J. E. Peacock, C. H. Pope, David .b'. Richards, Will Rountree, J. L.

Sheffield, H. H. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. \\"alker, B. 1<'. \\'Ieaver, J. D.

Those voting in the negative were Messrs:

Cl1ilds, E. \V. Colson, D. {'. Holmes, 1\. II. Hunt, T. 1\L

Lassiter, W. H. Manson, Frank C. Hitii,._,., Dr. C. L. ~!low, Russl'll E.

Thomas, James R.

Wall, Dan



Those not voting were Messrs :

Brown, L. L'. David, A. B. Hutthins, H. C.

Thorpe, E. M. \\"illiams, Wiler \Yohlwender, F-d.

Womble, M. ]). Mr. President

A)e~ 33, Nays 10.
Ou the motion to disagree with the House amendment tht Ayes were 33, the Nays were 10, the motion prentilcd and House Amendment was disagreed to.
Tht committee offered the following amendment:
Amendment Xo. 8.
''Add another Section to be known as Section No. '20: "Be it t'urlhl'i' enacted that in primary elections the l~xecutin ( 'ommittee of the several counties shall have Ito authority to fix time for the opening and dosiug of the polls in their respective counties hut the clo~ing must be uniform throughout county."
~\lr. Jones of 37th moved that the Senate disagree to tlw Hous(' amendment and the motion prevailed.
The committee offered the following amendment:

784

JouR~AL OF THE SENATE,

Amendment No. 9:

''Further amend by adding new section to be known as Sec. No. 19 as follows:" Any Clerk of the Superior Court, or other officer into whose custody said ballots, and other election papers may thereafter be placed who shall look into or inspect for the purpose of ascertaining how any elector voted or who shall give out, tell, make known or furnish data, memorandum, or other information concerning for whom any electors voted, except when required by legal process, shall be guilty of a felony and on conviction shall be punished by confinement and labor in penitentiary not less than 1 year nor longer than 2 years.''

The committee offered the following amendment to the amendment.
Amendment No. 9A:
"Amend amendment by striking word "felony" and inserting word ''misdemeanor'' and by striking words ''By confinemeut aud labor in Penitentiary uot less than 1 year nor longer than 2 years'' and by inserting in lieu thereof the following words "as prescribed in Sec. 10615 of Penal Code of 1910.''
The amendment to ame1idment was adopted.
'l'he amendment as amended was adopted.
The committee offered the following amendment:
Amendment No. 10:
Amend by striking from Sec. 16 the words:

THURSDAY, AUGUST 10, 1922.

785

"\\Thereby the terms of this Act a joint duty is imposed upon members of the Board of Registrars of the counties of this State, said duty may be performed by a majority of said Board of Registrars and the."
The amendment was adopted.
The President appointed as a joint conference committee on the part of the Senate, to Act with a like committee from the House with reference to Senate Bill No. 7, the following Senators:
Messrs. Jones of 37th, Nix, Jackson.

The following resolution was read and adopted: STATE OF GEORGIA: SENA'l'E CHAMBER, ATLANTA.

RESOLUTION
By Cone 49th, Crawford 34th, Tarpley 36th-
Whereas, the Senate learns with profound regret of the death of the father of Robt. H. Holmes, respected and beloved Senator from the 22nd District,
Be it therefore Resolved, that to Senator Holmes, in this time of his bereavement, there be extended the sympathy of this Senate.

186

JOURNAL OF THE SENATE,

Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the followin~ report:

J/ r. President:
Your Committee 011 Counties and County 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 recommmdation that the same do pass:
House Bill .No. 902. Do pass. House Bill No. 919. Do pass. House Bill K o. 955. Do pass. House Bill No. 960. Do ass. House Bill No. 917. Do pass. House Bill .No. 939. Do pass. House Bill No. 900. Do pass. ~'ollowing do not pass: House Bill No. 358. Do not pass. House Bill No. 4:36. Do not pass.
Respectfully submitted,
RICHARDs, Chairman.

Mr. Nix, Chairman of the Committee on General
.Judiciary No. 2, submitted the following report:

Jlr. Pr('&ident:
Your Committee 011 General Judiciary No. 2 has had under consideration th~ following bills of the HousP and instructed me, as their Chairman, to re-

THURSDAY, AuausT 10, 1922.

787

port the same back to the Senate, with the recommemlation that the same do pass, to-wit:
House Bill No. 597. By Mr. Stone of Jeff Davis to repeal an Act approved August 18, 1919 to make tax Collectors in certain counties of this State exnfficio Sheriffs and etc.
0. A. NIX, Chairman.

:Mr. Golucke, Chairman of the Committee on Special .Judiciary, submitted the following report:

JJ r. President:
Your Committee ou Special Judiciary has had under consideration the following bills of the House and instructed me, as theit Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill No. 918. To change the terms of Wilc<>x Superior Court.
House Bill No. 929. To fix terms of Jeff Davi.s Superior Court.
House Bill Xo. 937. Relative to Road Duty m Cnnull County.
Senate Bill No. 320.
Senate Bill X o. 321.
GoLUCKE, Chairman..

Mr. Lassiter, Chairman of the-Committee on General Judiciary No. J, submitted the following report:

788

JOURNAL OF THE SENATE,

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, toreport the same back to the Senate, with the recommendation that the same do pass, to-wit:

Senate Bill .No. 211. Respectfully submitted, LASSITER, Chairman.

Mr. Clay moveJ that when the Senate adjourn today it reconvene tomorrow morning at 9 o'clock and tlw motion prevailed.
The following bills, favorably reported, was read thl' ~ecm1J time:

By 7\lr. King of \Vilcox-
Hou~l' Bill ~ o. 917. A bill to create a board of comnus~wners of roads and revenues for Wilcox County.

By Muscogee Delegation-
House Bill No. 900. A bill to repeal certain Acts relative to place of holding legal sales in county of
::\I uscogee.

B~- Mr. Miles of Candler-
House Bill No. 939. A bill to require the Board of Ccmmissioners of Roads and Revenues of Candler

THURSDAY, AuGUST 10, 1922.

789

County to publish quarter}~ an itemized statement of expenditures.

By lVIr. Gunnels-
House Bill No. 960. A bill to amend Act fixing salary of the Treasurer of Franklin County.

By DeKalb Delegation~
House Bill No. 955. A bill to change name of ''Town of Decatur.''

By Lowndes Delegation-
House Bill No. 902. A bill to amend Act establishing board of Commissioners of Roads and revenues for Counties of Habersham and Lowndes.
By lVIr. King of Wilcox-
House Bill No. 919. A bill to repeal Act creating Commissioners of Roads and Revenues of Wilcox County.
.By Mr. Beck of Carroll-
House Bill No. 937. A bill to amend Code relative to who is subject to road duty. :: By Mr. Stone of Jeff Davis-
House Bill Xo. 929. A bill to fix terms of Superior Court of Jeff Davis County.
By ~Ir. King of Wilcox-
House Bill No. 918.A bill to change terms of Wil. cox Superior Court.

790

.JOURXAL OF THE SENATE,

By Mr. Van Zant of Fannin-
House Bill No. 950. A bill to amend Act incorporating City of Blue Ridge.

By Mr. Stone of Jeff Davis-
House Bill No. 597. A bill to repeal Act to make Tax Collector of certain county an ex-officio Sheriff.

By Mr. Manson-
Senate Bill No. 211. A bill to provide for pmiishment of persons convicted of crime between ages of 16 and 21.
The following bill was read the third time and taken up for consideration.

B~ Mr. Fleming of lOth-
House Bill No. 252. A bill to require the posting of rates in all hotels, etc.
The committee offered the following amendment:
''Amend caption by inserting before ''and for other purposes'' the words ''defining the term Hotel, nnd providing for a penalty for its violation."
''Amend further by striking the word 'Circuit' in Section 6 and inserting in lieu thereof the word 'Superior'.''
''Amend further by striking Section 7 and inserting in lieu thereof the following:
''Section 7. Penalty for violation. Any keeper

THURSDAY, A"VGL'ST 10, 19:22.

791

of a hotel or restaurant violating- an~ of the provisi<JnS of this Act shall be punished as for a misdemeanor and the fine shall not exceed one hundred dollars and imprisol).ment in the county jail not exceeding thirty days or both in the discretion of the trial Judg-e.

The amendment was adopted.

The report of the committee, which was favorable to the passag-e of the bill as amended, was ag-reed to.

On the passag-e of the bill Mr. Snow called for the Ayes and Nays and the call was sustained.

The roll call was ordered ~nd the vote was as follows:

Those voting m the affirmati,e were :Mess1s:

Akin, L. R.
Bellah, J. :u.
Bond, Chas. :\. Boykin, James Il. Chilrls, .E. \\'. Collum, J. M. Cone, Howell Cohon, D. {'. Davidson, J. E. Ellis, R. <'. Fleming. Denis l~leming, W. 0. Golmk,, Alvin G.

Haralson, l'at llo:Jingsworth, llolmes, ]{. H. Hunt, T. M. Jackson, J. B. ,Johns, G. A. Jones, .John H. .Jones, 0. K. K inu~e.v, San1 Lassiter, vV. H. :\ix, 0. A. l'almour, J. E. Peacock, C. H.

P.upe, Da,id F. Hichards, Will Hi<l!P.v, llr. C. L. Hountrel', J. L. >lheffield. R. II. :-;to,a 1!, K 13. TaqJIP.', H. 0. Tayor, Geo. \\'. ThorpP, E. }1. \\'alker, B. F. \\' oh I \H'iHln, ~;,].

Those voting in the negative were Messrs:

Campbell, R. W. Snow. Russell E.

'fhon1as, .Janle'"S R. Wall, Dan

\Vomhl<, ;\[. ll.

792

JouRNAL OF THE SENATE,

Those not voting were ME:ssrs:

Brown, L. C. David, A. B. Foy, John E.

Hutchins, H. C. Manson, Frank C. Mills, J. H.

W&ve, J. D. \\'illiams, \\'iley Mr. President

Ayes 37, Nays 5.

On the passage of the bill the Ayes were 37, the Nays were 5.

The bill having received the requisite constitutional majority was passed.

The following bill was read the third time and taken up for consideration.

By Chatham DelegationHouse Bill No. 857. A bill to amend the charter
of the City of Savannah.
The committee offered the following amendment:
1st. Amend by striking Section 5.
2nd. Amend by striking Section 5(a).
3rd. Amend by changing the numbers of Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 to number 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14.
The amendment of the committee was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
The bill was passed. On the passage of the bill the Ayes were 31, the Nays 0.

THURSDAY, AuGusT 10, 1922.

793

The bill having received the requisite constitutional majority was passed.
The following bills were read the third time and put upon their passage :

B~ Messrs. Horne and' Thompson of Dodge-
House Bill No. 933. To be entitled an Act to amend an Act to create a new charter for the City of Eastm~n, etc., and for other purposes.
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 Messrs. Ficklen aud Bobo of Wilkes-
House Bill No. 906. To be entitled an Act to amend the charter of the City of Washington, Georgia, and for other purposes.
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 Messrs. Hyman and Hawkins of WashingtonHouse Bill No. 914. To be entitled an Act to

794

JouRNAL OF THE SENATE,

authorize the mayor and council of the City of Sandersville, of the County of Washington, State of Georgia, to assess, levy and collect annually, a tax of two and one-half mills on all taxable property in the City of Sandersville for school purposes, etc., and for other purposes.
The report of the ""m ;];,;, .. :. :h ,;a~ 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 Messrs. Moore, Holliday and Bentley of Fulton-
House Bill No. 823.
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 31, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Baldwin of MorganHouse Bill No. 884. To be entitled an Act to
amen an Act to create a Board of Commissioners for the County of Morgan and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THuRsDAY, AuGUST 10, 1922.

795

On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite constitutional majority was passed.

By .M:r. Coates of Pulaski-
House Bill No. 886. To be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for Pulaski 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 Messrs. Moore, Holloway anu Bentley of Ful-
ton-
House Bill No. 758. To be entitled an Act to amend an Act and amendatory Acts creating a charter for the City of College Park, and .for other purposes.
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.

796

JouRNAL oF THE SEKATE,

By Mr. Coates of Pulaski-

House Bill No. 888. To be entitled an Act to amend an Act fixing salary of Treasurer of Pulaski County, and for other purposes.

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. Stovall of McDuffie-
Honse Bill No. 934. To be entitled an Act to amend an Act fixing salary of So~icitor General of Augusta Judicial Circuit, and for other purposes.
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. Guess of DaKalb-
House Bill No. 617. To be entitled an Act to fix compensation of Jury Commissioners, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, AuGUST 10, 1922.

797

On the passage of the bill the Ayes were 31, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Greene of Jones-
House Resolution No. 204. A resolution for the election of more than one member of Board of Commissioner of Roads and Revenues of Jones County, Georgia.
The report of the Committee, whi~h 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.
The following bill was read the third time and taken up for consideration.

By Mr. Kimzey-
Senate Bill No. 206. A bill to regulate the taking out of :B'ire Insurance Policies.
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 1, Nays 29.
The bill having failed to receive the requisite constitutional majority was lost.

798

.TouRXAL OF THE SK~ATE,

The following bill was read the third time and taken up for consideration.

By Mr. Thorpe-

A BILL
Senate Bill No. 250. To be entitled an Act to propose to the qualified electors of this State an amendment to Paragraph 3, Section 1, Article 2 of the Constitution of the State of Georgia, by inserting the word ''poll'' after the word ''all'' and before the word "taxes" where they occur in said paragraph 3, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows:
Section l. The following amendment is hereby proposed to Paragraph 3, Section 1, Article 2 of the Constitution of the State of Georgia.
lusert after the word ''all'' and before the word ''taxes'' where they occur in said paragraph 3 the word "poll" so that said Paragraph 3, Section 1, Article 2 when amended shall read as follows:
To entitle a person to register and vote at any election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all poll taxes which may have been required of him since tbe adoption of the Constitution of Georgia of 1877, tl:wt

TH"C'RSDAY, AnmsT 10, 1922.

799

he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes.
Section 2. When said amendment shall be agreed on by a two thirds vote of the members elected 1o each house it shall be entered upon the Journal of each house with the "yeas" and "nays" thereon and published in one or more newspapers in each Congressional District in said State for two months previous to the time for holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the ()onstitution shall have written or printed on their ballots "For ratification of amendnwnt to Paragraph 3, Section 1, Article 2, of the Constitution to qualify electors to register and vote upon payment of poll taxes onlyt'' all persons opposed to said amendment shall have written or printed on their ballots "Against ratification of amendment to Paragrap~1 3, Section 1, Article 2 of the Constitution to qualify electors to register and vote upon payment of poll taxes only"; and if the majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote. for ratification thereof, when the returns Rhall be consolidated as now required by law in elections for members of the General Assembly, and re-

800

JOURNAL OF THE SENATE,

turn thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the results by publication of the results of said election by insertion in one of the daily papers of this State, declaring the amendment ratified.
Section 3. All laws and parts of laws in conflict with this Act and the same are hereby repealed.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
The bill being a constitutional amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Bellah, J. M. Bond, Chas. N. Boykin, James H. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G. Haralson, Pat Holling~worth, J. C.

Holmes, R. H. Hunt, T. M. Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will Ridley, Dr., C. L.

Rountree, J. L. l:iheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. \V. Thomas, James R. Thorpe, E. M. \Valker, B. F. Wall Dan Weaver, J. D. Williams, Wiley Wohlwender, Ed. Womble, :\I. D.

Those voting in the negative were Messrs:
Colson, D. C.

Those not voting were Messrs:

.-\kin, L. R. Brown, L. C. David, A. B.

Davidson, J. E. Hutchens, H. C. Manson, Frank C.

:\iills, J. H . Mr. President

THURSDAY, AUGUST 10, 1922.

801

Ayes 42, Nays 1.
On the passage of the bill the Ayes were 42, the Nays were 1.
The bill having received the requisite two thirds majority was passed.
The following bill was taken up for the purpose of concurring in the House amendments.

By Mr. Hutchens of 38th-
Senate Bill No. 253. A bill to amend Act to pro-
tect fur-bearing animals in State of Georgia.
?!ir. Williams of Harris offered the following amendment.
"Amend by striking out words and :figures Aug. ] st wherever they appear and insert in lieu thereof the words and :figures Sept. 1st.''
The amendment was concurred in.
Mr. Macintyre of Thomas offered the following amendment.
"Amend by adding a Section appropriately numbered to read as follows:
''After the passage of this Act it shall be lawful for parties to have in their possession at any time of year the live animals above mentioned when the purpose of such possession is to raise such animals and distribute same so as to increae the supply of game."
Hig. 26-Senate .Journal.

802

JOURNAL OF THE SENATE,

The amendment was concurred in.
The following bill was read the third time and taken up for consideration.

By Mr. Ellis-
Senate Bill No. 38. A bill to provide a method for creation of County Commissioners in such counties as may require them.
Mr. Wohlweuder moved that the Senate do now adjourn and the motion prevailed.
Under a previously adopted motion the President announced the Senate adjourned till tomorrow morning at 9 o'clock.

FRIDAY, AUGUST 11, 1922.

803

SENATE CHAMBER, ATLANTA, GA.

Aug! 11, 1922.

The Senate met pursuant to adjournment at 9 o'clock A. M. and was called to order by President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Foy, Chairman of the committee on Journal 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. Manson asked unanimous consent that Senate Bill X o. 306 be writhdrawn from the Committee on Education, read the second time, and recommit.ted, and the consent was granted.
Mr. Lassiter, Chairman of the Committee 6n General Judiciary No.1, submitted the following report:

111r. 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 pass, to-wit:
Senate Bill No. 264.
LASSITER, Chairman.

804

JouRXAL OF THE SENATE,

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 House and instructed me, as their Chainnan, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill No. 885.
House Bill No. ~)54. Senate Bill No. 322.
JoNES of the 37th, Chairman.

Mr. Golucke, Chairman of the Committee on Railroads, submitted the following report:

Mr. 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 back to the Senate, with the recommendation that the same do pass by substitute:
Senate Bill No. 259. A bill to vest in the Railroad Commission power to regulate the operation of all motor vehicles that are common carriers.
GoLuCKE, Chairman.

Mr. Richards, Chairman of the Committee on

FRIDAY, AuGUST 11, 1922.

805

Counties and County Matters, submitted the following report:

1J.1r. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and instmcted 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. 843. Do pass.
House Bill No. 943. Do pass.
Respectfully submitted,
RICHARDs, Chairman.

Mr. Mills of the 26th, Chairman of the Committee on Agriculture, submitted the following report:

1l1r. President:
Your Committee on Agriculture has had under consideration the following bills of the House and instmcted 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. 583.
House Bill No. 300. Do not pass.
MILLS, Chairman.
Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

806

JouRNAL OF THE SENATE,

11-ir. 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 Resolution No. 53.
GoLUCKE, Chairman.

Mr. Childs of the 12th, Chairman of the Committee on Education, submitted the following report:

.:.llr. President:
Your Committee on Education 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. 328.
CHILDS, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:
llir. 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

FRIDAY, AUGUST 11, 1922.

807

same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill No. 968. GoLUCKE, Chairman.

The following bills, favorably reported, was read the second time :

By Mr. Rutherford of Monroe-
House Bill No. 583. A bill to provide for e&tablishment of a School of Agriculture and Mechanic Arts in Georgia.

By Mr. Moore of Appling-
House Resolution No. 53. A resolution for relief of bondsmen of one Perry Hendrix.

By Mr. Lassiter-
Senate Bill No. 264. A bill to create the office of .an additional Assistant Attorney General for State of Georgia.

By Mr. Hunter of Chatham-
House Bill No. 885. A bill to authorize proper authorities of ~ll Towns, etc., to appropriate to State Sanatorium for Tuburcular Patients.

By Bibb Delegation-
House Bill No. 843. A bill to permit the County of Bibb to support the Macon Hospital.

808

JouRNAL OF THE SENATE,

By DeKalb Delegation-
House Bill No. 968. A bill to creat and lish City Court of Decatur.

estab-

By DeKalb Delegation-
House Bill No. 954. A bill to amend Act creating new charter for town of Decatur.
By Moore of ApplingHouse Bill No. 943. A bill to amend Act ereating
a Board of Commissioners of Roads and Revenues for Appling County.
By Mr. Rountree-
Senate Bill No. 322. A bill to repeal an Act to incorperate Tom School District.
The following bill was read the third time and put upon its passage:

By Mr. Ellis-
Senate Bill No. 38. A bill to provide a method for the creation of County Commissioners in such counties as may require them.
The committee offered the following substitute.

A BILL
To be entitled an Act to provide a uniform Count! Co.mmissioners' law for such counties as may require a commission form of county government

FRIDAY, AuGuST 11, 1922.

809

composed of a Board of County Commissioners of Roads and ReYenue with a County }fanager as the Chief Executive Officer thereof, to he known as the County :Manager Form of County Government, and designed to promote efficiency and econom~, and to make the county government of such counties the more nearly conform to the American principles of government by, as far as possible, separating the exeuctive powers from the legislative and judicial powers of government, said law to he of uniform operation in and equally applicable to all counties requiring such form of county government; to fix the number of commissioners necessary to compose such board, their ter:tns of office and the manner of their election and of filling vacancies, and to provide for their compensation; to provide for a county man!'lger, ;mel the mam1er of his appointment and discharge; to define his powers and duties and to provide for his compensation; to provide the manner of putting this .\ct in force in any county and the manner of suspt>mling the operation thereof in an~' count~-. and for other purposes.

Section 1. Be it enacted h~ the Genl.'ral Assemhl~ of the State of Georgia, and it is hereby enacted hy authority of the same, That for the purpose of this Act the word "Board" shall mean thl.' Bon rd of County Commissioners of Roads and Hen~nuc, mlless otherwise required by the context.

Sec. 2. Be it further cnacted, That a u11ifonu system of county government by count~ commissio11ers

810

JouRNAL OF THE SENATE,

to be known as the County Manager Form of County Government, be and the same is hereby created and provided for all the counties in this State which may require a Cou:rl.ty Manager Form of County Govern-
ment, to be governed by the general law hereby enac-
ted which shall be of uniform operation in and equally applicable to all such counties.

See. 3. Be it further enacted, That the County }[anager Form of County Government hereby created and provided shall consist of a Board of County Commissioners of Roads and Revenues composed of five members, with a county manager as the chief executive officer thereof; but such manager shall not he a member of such board. A majority of the board shall constitute a quorum for the transaction of all business and a majority of the board must concur in order to pass an order, or let any contract, or grant or allow any claim against the county, and their acts on all such matters shall be duly entered on the minutes of the board.

Sec. 4. Be it further enacted, That the Board of County Commissioners of Roads and Revenues hereby created, shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, the working of convicts, private roads county :finances, the levying and collection of taxes for county purposes, the management, control over and disbursing of county funds, the erection, repair and maintenance of public buildings, the supervision over and control of, and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested

FRIDAY, AuGUST 11, 1922.

811

in the ordinaries of this State in counties in which there is no board of county commissioners of roads and revenues. That the board shall be vested with all the rights, powers and authority formerly vested in the inferior courts of this State prior to the Constitution of 1868 when sitting for county purposes, except calling elections, which shall be by the ordinary, and matters pertaining to education, health and such other matters as have been by general law vested by the Legislature in other officers or tribunals, or as herein limited, extended, amplified or modified. Said board shall constitute a court for the trial of road defaulters and of any and all matters pertaining
to county matters formerly vested !n the inferior
courts of this State, or now vested in the ordinaries of this State in counties in which there are no boards of commissioners of roads and revenues, when sitting for county purposes; shall haYe the right and power to issue all necessary writs and summon parties or witnesses before them, and shall han the power to punish for contempt hy fine or imprisonment in the same manner as the courts of ordinar~ of this State; that the sheriff of the count~, or his deputy, may be required to attend upon the meetings of the board, and shall serve all writs, subpoenas, and other processes of such court, and the sheriff shall receive for such services such compensation as is provided by law for like service in the superior court.
Sec 5. Be it further enacted, That the boanl shall exercise such powers as ma~ be construed as legislative or judicial only when sitting in regulnr

812

J O"CRNAL OF THE SENATE,

or special session with a quorum of the board present.
Sec. G. Be it further enacted, That the board shall exercise such powers as may be construed as executive only by or through the county manager or other dul~, appointed officers or agents.
Sec. 7. Be it further enacted, That the board shall hold their regular sessions once every month on a regular day set by the board in the courthouse of the count~, and may adjourn from day to day until their business is finished; and extra sessions may he held at an~' time on the call of the chairman or of au~- three members of the board when in the judgment of tfle board the interests of the county demand it. ~-\t the first meeting in January following the general election at which new members of the hoard shall have been elected, the board shall organize the new board by electing one of their members Chairman. They shall also elect one of their number Vice-Chairman.
Sec. S. Be it further enacted, That the board shall keep a full and correct minutes of all its official acts and doings in a minute book kept for such purposes, a book of receipts and disbursements, a general ledger, a warrant book, a book containing a complete list of all the county property, real and personal, and shall make a record therein of all sales or other disposition of the same; also a road register in which shall be kept a record of all public roads and also of all private roads granted or ordered kept open by the board, particularly describing such roads, and

FRIDAY, AuousT 11, 1922.

813

shall make n record of all new roads which shall be hereafter granted, or ordered kept open in accordance with law. The board shall also keep on :file all paid warrants and Youchers and other papers necessar~ to show a complete record of all transactions of tlw count~.

See. ~). Be. it further enacted, That the county manager shall be ex-officio clerk of the board, but tlw board may elect a deput~ clerk if the~ deem it ct(hisable. The clerk shall keep the books of the hoard and make a ncor<l of all the ads and doings of the boar<l in a mi11ute hook kept for such purpose, and also keep all other records and accounts of the hoard and perform such other acts and duties as may he required b~ the hoard not inconsistent with the proYisions of this .\et or the laws of this Stat<:'.

Sec. 10. Be it further enacted, That the hoard and count~ manager, jointly, shall publish semi-annual reports within fifteen days -after the first day of January and ,J ul~ of each year once eaeh in the offcia! gazette of the count~, and also in a dail~' paper, if there be one published in the count~, containing a full and complete statement of the finances of the county during the preceding half year, and showing all reeeipts and from "hat sources derived, and all disbursements and for what purposes paid out, and such reports shall not he mere ledger balances, but shnll be in such manner and form as to show plainly the revenues of the county, as well as the cost of the county government in every branch. Provided, that a failure to cont'orm to the provisions of this section

814

J O"C"RNAL OF THE SENATE,

by such officers shall constitute a misdemeanor punishable under the provisions of Section 1065 of the Penal Code of 1910.

Sec. 11. Be it further enacted, That the board shall make a full and complete written statement of the financial condition of the county to the grand jury of the county at the spring and fall terms of the superior court of the county, a copy of which report shall be kept on file in the office of the board. Their office and records shall be subject to examination of the grand jury, their committee, or any person whom they may specifically empower to report to the same or a succeeding grand jury, who shall submit in writing a report of the condition of such office and the books and files thereof, and specify any neglect of duty or anything wrong done by the board or any member, officer or employee thereof. The grand jury shall have an audit made, once each year, of all the books, accounts, files and records of the board, such examination to be made by a certified accountant who shall be employed by the grand jury or the foreman thereof under the authority of the grand jury, which shall fix his compensation and the term of his employment.

Sec. 12. Be it further enacted, That all warrants drawn on the county, shall be drawn and signed h~ the county manager and countersigned by the chairman or vice-chairman of the board before being paid by the treasurer or depository of the county. All warrants shall be numbered and shall show for what and on whltlt fund drawn, and the paid originals and

FRIDAY, AUGUST 11, 1922.

815

the book of stubs carefully preserved and kept on file in the office of the board. The chairman and vicechairman of the board and the county manager shall each give a bond in such sum as the board may prescribe in a good and solvent fidelity and guaranty company payable to the county conditioned for the faithful discharge of the duties of his office. Tlie amount of svch bonds and the sureties thereon shall he first approved by the ordinary of the county and then filecl and recorded b~~ the ordinar~ as the bonds of other count~ officers. Certified copies of such hon(ls shall he kept on file in the office of the homd.

Sec. B. Be it further Pnacte(l, That the board shall in regular session or special session called for such purpose, make general plans, specifications and requirements prPscrihing the manner and style in which the publie roads of the county shall be constructecl and repaired, and such plans, specifications or re(tuirements shall not be modifiecl or changed except on the action of tlw hoard in like manner as the same were adopted. The board shall furnish the cO"unt~' manager and the county superintendent of roads each with a copy of such plans, specifications and requirements, and require the public roads of the county to he built and repaired in accordance therewith.

Sec. 14. Be it further enacted, That the county manager shall be a man of good moral character at least twenty-five years old and with practical experience in matters of business and finance and in the management of labor. He shall be appointed by

816

JouRNAl~ OF THE SENATE,

the board for a term of two years from the first day of January immediately succeeding a general election for members of the board, and all vacancies shall be filled only for the unexpired term. The board shall have power to discharge the county manager at any time for cause of which they shall be the exclusive judges, but shall do so by appropriate resolution setting out such cause which shall be entered upon the minutes of the board. The county manager shall not be the county superintendent of roads (or county warden) except in counties having less than ten thousand population according to the last United States decennial census in which counties the board may combine the office of the county pmnager with that of county superintendent of roads (or county warden) if they deem it advisable.
Sec. 15. Be it further enacted, That the count)manager shall have charge of all the business matters of the county and shall have supervision of the work of the county in the building and repair of roads, bridges, buildings, or of an~- other work of the county, under the general supenision of the board, subject to the proYisions of Section 13 of this Act. He shall, with the advice an(l consent of the board, appoint the county warden, or superintendent of roads, and all other officers and laborers of the county engaged in the construction and repair of roads, bridges, buildings, or other work of the county over which the board has jurisdiction, and shall have supervision over all such officers and laborers, and shall have power to discharge such officers or laborers at any time for cause, with the right of appeal by

FRIDAY, AuGUST 11, 1922.

817

such officers to the board. He shall be the chief purchasing and selling agent of the county for aU animals, machinery, implements, materials and supplies of all kinds used in the construction or repair of buildings, roads, bridges and for the use of convicts, but all purchases and sales by him shall be subject to the ratification of the board. He shall do every act or thing necessary or proper in the discharge of his duties as county manager, subject to the general supervision of the board. The board shall check up all the account, acts and doings of the county manager at least once every month.

Sec. 16. Be it further enacted, That the county superintendent of roads (who shall also be the convict warden of the county), shall have charge of the construction and maintenance of all the roads and bridges of the county, under the supervision of the county manager. He shall be a practical road builder, skilled in the building and repair of roads and bridges, and especiall~ in the grading and repairing of roads under the soil and climatic conditions existing in the county. He shall devote his entire time to the duties of his office and shall not engage actively in any other line of business which will interfere with the duties of his office.

Ses. 17. Be it further enacted, That the board shall haYe the right and authorit~ to emplo~ a county attorne~ when necessary, also to employ special counsel to represent the count~ in matters where, in their opinion, the same may be necessary or advisable to protect the interests of the count."-

818

JouRNAL oF THE SENATE,

Sec. 18. Be it further enacted, That the board shall fix the salaries and compensation of all its officers and employees (except its chairman and vieechairman), which shall be paid out of the county funds as provided b~' law.
Sec. 19. Be it further enacted, That the salar~ or compensation of the members of the board shall be fixed by the recommendation 6f the grand jury of the county once every two years at the session of the superior court next preceding the gei1eral election at which members of the board are elected, and such compensation shall he paid from the county treasur~ in monthly installments on warrants drawn on the treasurer or depositor~ of the county, as in the case of other claims against the county, and they shall receive no other compensation of any kind whatsoever, but the grand jury may fix the compensation of the chairman and vice-chairman of the board different from that of the other members of the board. Should no action be taken by the grand jury at such term of the court, the compensation for such officers shall remain as fixed b~ the grand jur:v for the past two years.

Sec. 20. Be it further enacted, That no person shall be eligible to be a member of a board of commi!'lsioners of roads and revenues under the provisiom~ of this Act who is not at least twenty-fin years old and shall have have been a citizen of the ~ounty for two whole years next preceding his election and is also a freeholder of the county, and shall b(; of good moral character and experience in mat-

FRIDAY, AuGUST 11, 1922.

819

icrs of business and :finance. ~o membel' of such board shall be eligible to hold any other county of:fice while a member of such board.
Sec. 21. Be it further enacted, That the term of office of members of the board shall be four years and until their successors are elected and qualified. The terms of office of three members of the board shall expire at one time and the term of office of the other two members of the board shall expire two years thereafter, so that the terms of office of all the members of a board will not expire at the same time. In order to make the terms of office of the members of a board expire as hereinbefore provided, at the :first election held under the provisions of this Act, three members of such board shall be elected for a term of two years and two members of the board shall be elected for a term of four years, and the members so elected shall determine by lot which of said members shall hold for a term of two years and which for a term of four years. The board of county commissioners of any county in this State in office under the local Act of force in such county at the time this Act is put into effect in such county, shall serve until the expiration of their terms of office and until their successors shall be elected and qualified under the provisions of this Act, and their successors shall be elected at the general election next preceding the expiration of their term of office and shall be elected for such term as will make the terms of office of the members of such boards expire in the manner hereinbefore provided.. As many commissioners as may b'e necessary to make such board of

820

JouRNAL OF THE SENATE,

Commissioners for such county have five members, shall be elected at the next general election after the adoption of this Act by such county.

Sec. 22. Be it further enacted, That all vacancies in the membership of the board of commissioners occulTing in less than one year of the expiration of such term of office shall be filled b~ appointment of a duly qualified person hy the ordinar~ of the count~, anrl such appointee shall he commissioned and hold office until his successor is elected and qualified; and that all vacancies occurring in the membership of the board morC' than one ~ear prior to the expi ration of the term of office shall he filled h~ a special election called by the ordinar~ of the county in the same manner as in the case to fill nlcancies in other count~ offices, and the person so elected shall be commissioned and hold office until the expiration of said unexpired term and until his successor is elected and qualified. The expens(' of an~ such special election shall be paid out of the general funds of the count~.
Sec. ~3. Be it further enacted, That the commissioners elected or appointed under the provisions of this Act shall each he commissioned b~ the Governor for the term of office for which he shall be elected or appointed, as the case may be, and each shall, before entering upon the duties of his office, take and sub. scribe, in addition to the oath provided by law for all civil officers of this State, the following oath, towit, ''I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and rennues for .......... county, in all matters which

FRIDAY, AUGUST 11, 1922.

821

require my official action, to the best of m$- knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county, so help me God."
Sec. 24. Be it further enacted, That this Act shall be a general law to provide a uniform county commissioners' law for all such counties in this State as may require a commission form of county government composed 'Of a boai'll of count~ commissioners . of roads and revenues for such count~ with a county manager as the chief executive officer thereof, to he known as the Count~- }fauager J:i'orm of Government, and shall not prevent au~ county in this State from having a county commissioners' form of county government b~- local act as now provided b~- law, pro'iclcd such local act shall not provide a county manager form of governnient for such count~; and this Act shall not go into effect in any co-unty of this 8tate except upon a majorit) vote of the qualified voters of the count), and the operation of this Act in any county adopting the same shall be suspended and terminated in like nw1mer upon a majorit~- votP of the qualified voters of the county, and upon the suspension of the" operation of this Act in any count~-, the local Act of force in such county shall automatically be revived. and shall have full force and effect in such count~- as if its operation had not been suspended in such co-unty by the adoption of this Act by such county; provided, however, that tlw members of the board of commissioners of such county in office under the provisions of this Act at the time of the suspension of the ope1~ation of this

822

JouRNAL OF THE SENATE,

Act in 'such county, shall hold office and act as the commissioners of such county under the provisions of such local Act of such county until the expiration of their respective terms of office under the provisons of this .Act, and until their successors shall he elected and qualified under the provisions of such local .Act for such county; provided, further, that the operation of this Act in any county of this State shall not be suspended and terminated by any election held within two full years after this .Act shall be put into effect in such county. If the ordinary of the county shall be in charge of the affairs of such county at the time of the adoption of this .Act in such county, the ordinary shall take charge of the affairs of such county upon the suspension of the operation of this .Act in such county as now provided by law for counties having no county commissioners.

Sec. 25. Be it further enacted, That a commission form of county government composed of a board of commissioners of roads and revenues with a county manager as the chief executive officer thereof, shall be established in an~ county in this State requiring such form of county government and the same shall be abolished in any county in the following manner, to-wit:
a When petition signed by one-fifth of the quali-
fied voters of any county shall be filed with the orcliBary of the county, requesting that an election be called for the purpose of submitting to the qualified voters of the county the question whether a county manager f.orm of government composed of a board of

FRIDAY, AUGUST 11, 1922.

823

<'ommissioners of roads and revenues with a county manager as the chief executive officer thereof, shall be establishe<.l or abolished in such county, the ordinary shall call an election to be held within not less than thirty da~'s nor more than sixty days after the filing- of such petition. In all elections submittingthe question whether the county manager form of county commissioners' government shall he established or aholished in a count~', those \'oting for the establishment of such form of government for such count~ or to retain such form of goYernment for such cO'unty, shall haYe written or printed on their ballots the words ''For count~ commissioners with a county manager for ............ county,'' naming the county, and those Yoting against the establishment of such form of county government for such county, or to abolish such form of government for such county, shall have written or printed on their ballots the words ''Against count~ commissioners with a count~' manager for . . . . . . . . . . . . county,'' naming the count~'. The election shall be held in the manner prescrihecl b~ the laws of this State for the holding of elections for the elertion of members of the General Assembl~ of this State, and the returns from the several voting precincts of the count~, consolidated as provided by law in the case of such elections. The returns of the board of consolidation shall be reduced to writing and signed by a majority of the members of such board and filed in the office of the ordinary of the county, and the ordinary shall record the same upon the minutes of the Court of Ordinary of the county. A certified copy thereof

824

JouRNAL OF THE SENATE,

from the office of the Court of Ordinary shall be admissible as evidence of the returns of such board of consolidation in any court or other tribunal of this State. The expense incident to the holding of such election shall be paid out of the general funds of th(:' county.

The committee amends by numbering the repenling clause Section 27 and h)' adding a new Section 26, as follows:
Sec. 26. Be it further enacted, That this bill shall go into force and effect January 1st, 1923.
Sec. 27. Be it further enacted, That all laws Hllll parts of laws in conflict with the provisions of this Act he, and the same are hereb) repealed.
~Ir. Ellis offered the following amendment to the substitute.
Amend Sections 13 and 16 by adding to the end of each of said Sections the following words ''Provided however, that the provisions of this Section shall not apply to roads under the supervision of the State Highway Department."
The amendment was adopted.
The substitute was adopted as amended.
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 29, the ?\ays were 1.

FRIDAY, AuGusT 11, 1922.

825

The bill having received the requisite constitutional majority was passed.

STATE OF GEORGIA: EXECUTIVE DEPARTMENT, ATLANTA.

Mr. President:
I am directed by His Excellency, The Governor, to deliver to the Senate a sealed communicat1on in writing to which he respectfully invites your attention.
JULIAN B. McCuRRY,
Secretary.

The following bills were read the third time and put upon their passage:

By Mr. Ellis-
Senate Bill Ko. 303. A bill to amend new charter of Tifton, Ga.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill the Ayes were 30, Xays 0.
The oill having received the requisite constitu-
tional majority was passed.

826

JOURNAL OF T:E[E SENATE,

By Mr. Jones of 6th-

Senate Bill No. 304. A bill to amend Act incorporating City of Valdosta.
The report of the committee, which was favorable to the passage of the hill, 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.

B) l\Ir. Golucke-
Senate Bill No. 320. A bill to amend charter of Crawfordville, 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 33, )\[ays 0.
The bill having received the requisite constitu~ tional majority was passed.

By Mr. Byrd of Crisp-
House Bill No. 835. A bill to repeal present charter 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 33, Nays 0.

FRIDAY, AuGUST 11, 1922.

827

The bill having received the requisite constitutional majority was passed.

By Mr. Holland of Tattnall-
House Bill No. 877. A bill to amend Act known as '' Tatnall Road Law adopted.''
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 29, Xays 0.
The bill having received the requisite constitutional majority was passed.

By :Mr Lankford and Mr. Duncan of Hall-
House Bill No. 782. A bill to create new charter for Gainesville.
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. Coates of Pulaski-
House Bill No. 887. A bill to amend Act creating new charter of Hawkinsville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

828

JOURNAL OF THE SEN ATE,

On the passage of the bill the Ayes were 27, Xays 0.
The bill having received the requisite constitutional majority was passed.

By Fulton Delegation-
House Bill 1\o. 896. A bill to amend charter of ~ast Point.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill the Ayes were 29, X ays 0.
The bill having received the requisite constitutional majority was passed.

B~ Richmond Delegation-
House Bill No. 722. A bill to amend charter of Augusta.
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 :iO, ~a:vs 0.
The bill having received the requisite constitutional majority was passed.

By l\Ir. Holland of Tattnall-
House Bill No. 876. A bill to amend Act known as "Tattnall Board of Commissioners created."

'FRIDAY, AuGUST 11, 1922.

829

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.
House Bill No. 941. A bill to create office of Com-

By Mr. King of wilcox-

House Bill No. 917. A bill to create a Board of Commissioners of roads and revenues for Wilcox 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 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

By .Mr. Stone of Jeff Davismissioner of Roads and Revenues for Jeff Davis 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 36, ~ays 0.
The bill having received the requisite constitutional majority was passed.

830

JouRNAL OF THE SENATE,

By Mr. Gunnels of Franklin-
House Bill No. 960. A bill to amend Act fixing salary of Treasurer of Franklin 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, Xays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Macintyre of Thomas-
House Bill No. 898. A bill to amend charter 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 A~es were 36, Xays 0.
The bill having received the requisite constitutional majority waS' passed.

By Mr. Webb and Whitaker of Lowndes-
House Bill No. 902. A bill to amend Act establishing a Board of Commissioners of Roads and HeYenues for Habersham and Lowndes.
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, ~ays 0.

FRIDAY, AuGUST 11, 1922.

831

The bill having received the requisite oonstitutional majority was passed.

By Mr. Miles of Candler-
House Bill No. 939. A bill to require board of Commissioners of Roads a11d Revenues of Candler to publish quarterly an itemized statement.
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 . 36, Nays 0.
The bill having received the requisite oonstitutional majority w:as passed.

By Mr. Stone of Jeff Davis-
House Bill No. 597. A bill to repeal Act making tax collectors in certain counties ex-officio sheriffs.
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 oonstitutional majority was passed.

By Mr. King of Wilcox-
House Bill No. 918. A bill to change terms of Wilcox Superior Court.

832

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 31, Nays 0.
The bill having received the requisite constitutional majorit~ was passed.

By Mr. King of wilcox-
House Bill ~o. 919. A bill to repeal Act creating Commissioner of Roads and Revenues of 'Vilcox County.
The report of the committee, which was favorable to the passage of the bill, was ng-reecl 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. Bytd of Crisp-
House Bill No. 924. A bill to repeal Act amending c.:harter of Cordele.
The report of the committee, which was favorable to the passage of the hill, 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.

FRIDAY, AuGUST 11, 1922.

833

By Bibb Delegation-

House Bill No. 842. A bill to amend charter of Macon.

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. Quincey of Coffee-
House Bill No. 911. A bill .to amend charter of Xichols, 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 26, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Wimberly of Laurens-
House Bill No. 912. A bill to amend Act erea ting new charter for the.Town of Rockledge.
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 33, Nays 0.
Sig. 27-Senate Journal.

834

JouRNAL OF THE SEKATE,

The bill having received the requisite constitutional majority was passed.

By :Mr. Weston of Brooks-
House Bill No. 908. A bill to amend Act establishing City Court of Quitman.
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 33,
:Xays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. VanZant of Fannin-
House Bill No. 9'50. A bill to amend Act incorporating City of Blue Ridge.
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, ~ays 0.
The bill having received the requisite constitutional majority was passed.

By :B-,ulton Delegation-
House Bill No. 897. A bill to amend charter of East Point.
The report of the committee, which was favorahle to the passage of the bill, was agreed to.

FRIDAY, AuGUST 11, 1922.

835

On the passage of the bill the Ayes were 31, Nays 0.

The bill having received the requisite constitutional majority was passed.

By ~Ir. Stone of Jeff Davis-
House Bill No. 929. A billto fix time of Superior Court of Jeff Davis.
The report o.f the committee, which was favorahl!.' to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 31, Xays 0.
The bill having received the requisite constitutional majority ''ras passed.

By DeKalb Delegation-
House Bill No. 955. A bill to change the name of "Town of Decatur."
The report of the committee, which was faYorable to the passage of the bill, was agreed to.
On the passage of the bill the AyeR \Yere 30, Xays 0.
The bill having received the requisite constitutional majority was passed.

B.\ 1\Ir. Stone of Jeff Davis....,... House Bill No. 928. A bill to amend Act estab-

836

JOURNAL OF THE SENATE,

lishing a public school system for town of Hazlehurst.

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. \Vood of Twiggs-
Honse Bill No. 880. A bill to amend Act establishing new charter for City of Jeffersonville.
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 received the requisite constitutional majority was passed.
By Richmond Delegation-
House Bill No. 871. A bill to amend charter of Augusta, 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 33, Nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, AuGUST 11, 1922.

837

By Mr. Brantley of Pierce-
House Bill No. 850. A bill to amend Act incorporating City of Blackshear.
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. Brown of Emanuel-
House Bill No. 915. A bill to amend Act incorporating City of Adrian.
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 33, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Corbitt of Atkinson-
House Bill No. 935. A bill to amend Act creating Board of Commissioners of Roads and Revenues for Atkinson County.
The report o.f the committee, which was.favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 33, Nays 0.

838

JouRxAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Muscogee Delegation-
House Bill No. 900. A bill to repeal certain Acts relative to place of holding legal sales in County of Mu.scogee.
The report of the committee, which was favora:ble 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 Messrs. Gann and Dobbs of Cobb-
House Bill No. 894. A bill to amend the charter of the City of Marietta.
l\Ir. Clay offered the following substitute.

A BILL
By striking out of the caption all after the words ''An Act to amend the charter of the City of Marietta'' and inserting in lieu therof the following:
So as to authorize the mayor and council thereof to levy and collect in addition to the taxes which they are now authorized to levy and collect, a sufficient tax to be levied for each year from 1922 to 1931, in-

FRIDAY, AUGUST 11, 1922.

839

elusive, sufficient to raise the sum of $5,200.00 for each of said years, except the year 1931, the balance then due on an indebtedness of $38,000.00 principal, besides interest, in favor of the First National Bank of Boston against said City; to provide a penalty for the misapplication of the funds raised by said additional tax, and for other purposes.''
By striking out all after the enacting cl!luse of Section 1 and inserting in lieu thereof the following:
''That the mayor and council of the city of Marietta are hereby authorized to levy and collect for the years 1922 to 1931, inclusive, in addition to the taxes they are now authorized to levy and collect, a sufficient tax to be levied for each of said years, to raise the sum of $5,200.00 for each of said years, except the year 1931, and sufficient to raise for said year 1931, the balance then due on an indebtedness of $38,000.00 principal, besides interest, balance on a judgement rendered in Cobb Superior Court in favor of the First National Bank of Boston against the City of Marietta. No portion of said sum, or sums, raised by said additional taxation shall be applied to any purpose whatever other than the satisfaotion of said judgment and any person, or persons, found guilty of violating this section shall be punished as f<?r a misdemeanor.''

And to add another Section to be known as Section 2, as follows :
Be it further enacted, that before this Act shall go into effect, it shall be submitted to the qualified

840

JOURNAL OF THE SENATE,

voters of the City of Marietta, Georgia, at an election to be called by the mayor and council of the City of Marietta, at least two weeks before said election, to be held on the 20th day of September, 1922, and if a majority of the votes cast therea,t shall be in favor of this Act then the same shall become the law, but should it fail to receive a majority of the votes cast in said election then it shall not become the law."
Ek tliat said bill and the caption thereof, when so amended, shall read as follows :

''An Act to amend the charter of the City of Marietta, so as to authorize the mayor and council thereof to levy and collect in addition to the taxes which they are now authorized to levy and collect, a sufficient tax to be levied for each year from 1922 to 1931, inclusive, sufficient to raise the sum of $5,200.00 for each of said years, except the year 1931, and sufficient to raise for said year 1931 the balance then due on an indebtedness of $38,000.00 principal, besides interest, in favor of the First National Bank of Boston, against said city; to provide a penalty for the misappropriation of the funds raised by said additional tax, 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 the Mayor and Council of the City of Marietta are hereby authorized to levy and collect for the years 1922 to 1931, jnclusive, in addition to the taxes they are now authorized to levy and collect, a sufficient tax to be levied for each of said years to raise the sum of $5,-

FRIDAY, AuGUST 11, 1922.

841

200.00 for each of said years, except the year 1931, and sufficient to raise for said year 1931 the balance then due on an indebtedness of $38,000.00 principal, besides interest, balance on a judgment rendered in Cobb Superior Court in favor of the First National Bank of Boston against the City of Marietta. No portion of said sum, or sums, raised by said additional taxation, shall be applied to any purpose whatever other than the satisfaction of said judgment and any person, or persons, found guilty of violating this Section shall be punished as for a misdemeanor.

Section 2. Be it further enacted, _that before this Act shall go into effect, it shall be submitted to the qualified voters of the City of Marietta, Georgia, at an election to be called by the ~fayor and Council of the City of Marietta, at least two weeks before said election to be held on the 20th day of September, 1922, and if a majority of the votes cast thereat shall be in favor of this Act then the same shall become the law, but should it fail to receive a majority of the votes cast in said election then it shall not become the law.

Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.

The substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

842

JouRNAL oF THE SENATE,

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 bill was read and taken up for consideration:

By Mr. Cowart of Calhoun-
A bill to change the County Site from l\lorgan to Arlington.
l\lr. Haralson moved to table the bill.
The motion prevailed and the bill was tabled.
The following bill was read the third time and taken up for consideration:

By Mr. Brown and Mr. Tho:r:q.as-
Senate Bill No. 269. A bill for protection of Game Animals, etc.
" The committee offered the following amendment:
''Amend Sec. 19 by striking the words ''No person shall use any dog to take and pursue deer. ''
Amend Sec. 22 by striking word "fifteen" and inserting word ''twenty-five.''
Amend by striking Section 23 and numbering remaining Section accordingly.''
The amendment was adopted.

FRIDAY, AuGpsT 11, 1922.

843

The report o.f the committee, which was favora:ble to the passage of the bill, was ag-reed to.

On the passage of the bill the Ayes were 26, the Nays were 1.
The bill having received the requisite constitutional majority was passed.
The following bill was read 3rd time and put upon its passage.

By Mr. HollingsworthSenate Bill No.5-

A BILL
To be entitled an Act to propose to the people of Georgia an amendment to Section 7 of Article :of the Constitution of Georgia to authorize an:- county, municipal corporation, or political division of this State to incur debt not to exceed I pC'r cent. of the assessed value of the taxable properties therein in addition to the amount of 7 per cent. now specified in paragraph 1 of said section, for the purpose, either as a unit, or in co-operation with other counties, municipal corporations, ot political divisions, or with the State itself, of preventing damage by floods, draining lands, constructing, or acquiring, or leasing, operating and maintaining public utilities, such as water works, street railways, plants or systems for the generation, distribution and sale of electric or other heat, light and power, and transmission lines or other

844

JouRNAL Ol!' THE SENATE,

means for the distribution and sale of electric or other light, heat and power however generated, and to provide for the payment of said debt or debts when so incurred.

Paragraph 1. Be It Resolved, by the General Assembly of the State of Georgia, that the following
. amendment to Section 7 of Article 7 of the Constitu-
tion of the State of Georgia be and the same is hereby proposed to the people thereof, to-wit, amend Section 7 of Article 7 by inserting after paragraph 1 the following words to be known as Paragraph 2:

"Paragraph 2. Any county, municipal corporation, or political division of this State, with the assent of two-thirds of the voters thereof voting at an election to be held for that purpose, may incur debt or debts in the aggregate not to exceed seven per centum of the assessed value of all of the taxable property therein in addition to the seven per centum specified in paragraph 1 of this section, for any one or more of the following purposes, to-wit, to prevent damage by floods, to drain lands, to construct or acqui~e or lease, operate and maintain public utilities such as water works, street railways either within the limits of municipalities or interurban, electric or other light, heat and power systems, or to construct or acquire or lease, operate and maintain lines for the transmission and sale of electric or other light, heat and power, however generated, and any county, municipal corporation or political division may exercise the authority heren given either as a unit or in co-operaton with other counties, municipal corpora-

FRIDAY, AuGUST 11, 1922.

845

tions or political divisions of this State, or with the State itself, said debt or debts so to be incurred to be for such sums and, if secured, to be secured after such manner, and to be paid principal and interesf at such times and such places and from such sources and upon such terms as may be prescribed in the ordinance, or resolution submitting the question of incurring said debt or debts to the voters of said county, municipal corporation or political division of the State.''
~-\nd by changing the number of '"'Paragraph 2" to "Paragraph 3" antl inserting between the word "doing'' and the word ''provide'' in said paragraph the words ''excepting in those cases provided for in paragraph 2 nbovc.''
So that said Section 7 of Article 7, when so amended shall read as follows :
''Paragraph 1. The debt hereafter incurred by any county, municipal corporation, or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, not to excede one-fifth of one per centum of the assessed value of taxable propert.Y therein, without the assent of two-thirds of the qualified voters thereof voting at an election for that purpose to be held as prescribed by law, provided said two-thirds so voting shall be a majority of the registered voters, and provided

846

JouRNAL O~' THE SENATE,

further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State, to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void, and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validiity of any and all bond issue by such counties, municipal corporations or other political divisions made prior to January 1, 1918, shall not be effected hereby; but any city, the debt of which does not exceed seven per centum of the asessed value of the taxable property at the time of the adoption of this Constitution, may be authorized by law to increase, at any time, the amount of said debt, three per centum upon such assessed valuation; (except that the City Council of Augusta, from time to time as necessary, for the purpose of protecting against floods, may incur a bonded indebtedness upon its power producing canal and municipal water works, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties, the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to. exceed a figure five per centum on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two-

FRIDAY, AuGUST 11, 1922.

847

thirds of the qualified voters of such city, at an election or elections for that purpose to be held as may be now, or may be hereafter, prescribed by law for the incurring of new debts by the said City Council of .Augusta.)

''Paragraph 2. .Any county, municipal corporation or political division of this Sta.te, with the assent of two-thirds of the voters thereof voting at an election to be held for that purpose, may incur debt or debts in the aggregate not to exceed seven per centum of the assessed value of all of the taxable property therein in addition to the seven per centum specified in paragraph 1 of this section for any one or more of the following purposes, to-wit, to prevent damage b~ floods, to drain lands, to construct or acquire or lease, operate and maintain p'\lblic utilities such as water works, street railways, either within the limits of municipalities or interurban, electric or other light, heat and power systems, or to construct or acquire or lease, operate and maintain lines for the transmission and sale of electric or other light, heat and power however generated, and any county, municipal corporation or political division may exercise the authority herein given either as a unit or in co-operation with other counties, municipal corporations or political divisions of this State, or with the State itself, said debt or debts so to be incurred to be for such sums and, if secured, to be secured after such manner, and to be paid principal and interest at such times and such places and from such sources and upon such terms as may be pres-

848

JOURNAL 01<' THE SENATE,

cribed in the ordinance, or resolution submitting the
question of incurring said debt or debts to the voters
of said county, municipal corporation or political division of the State.
''Paragraph 3. Any county, munincipal corporation or political division of this State, which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, excepting in those cases provided for in paragraph 2 above, provide for the assessment and col-
lection of an annual tax, sufficient in amount to pay
the principal and interest of said debt within thirty ytars from the date of the incurring of said indebtedness.''
Paragraph 2. Be It Further Resolved, that it shall be the duty of the Governor to cause the publication of this proposed amendment in accordance with the provisions of Article 13, Paragraph 1, of the Constitution of this State, the cost thereof to be paid out of any moneys in the treasury the State not otherwise specifically appropriated.
Paragraph 3. Be It Further Resolved, that at the next general election to be held in this State this proposed amendment shall be submitted to the people of the State for their approval or rejection by causing to be printed or written upon the ballots to be cast at said elections the words, "For the amendment to Section 7 of Article 7 of the Constitution of Georgia to authorize any county, municipal corporation, or political division of this State to incur debt not to exceed 7 per cent. of the assessed value of the taxable

FRIDAY, AuGUST 11, 1922.

849

properti~s therein in addition to the amount of 7 per cent. now specified in paragraph 1 of said section, for the purpose, either as a unit, or in co-operation with other counties, municipal corporations, or political divisions, or with the State itself, of preventing damage by floods, draining lands, constructing, or acquiring, or leasing, operating and maintaining public utilities, such as water works, street railways, plants or systems for the generation, distribution and sale of electric or other heat, light and power, and transmission lines or other means for the distribution and sale of electric or other light, heat and power, however generated, and to provide for the payment of said debt or debts when so incurred,'' and the words "Against the amendment to Section 7 of Article 7 of the Constitution of Georgia to authorize any county, municipal corporation, or political division of this State to incur debt not to exceed 7 per cent. of the assessed value of the taxable properties therein in addition to the amount of 7 per cent. now specified in paragraph 1 of said section, for the purpose, either as a unit, or in co-operation with other counties, municipal corporations, or political divisions, or with the State itself, of preventing damage by floods, draining lands, constructing, or acquiring, or leasing, operating and maintaining public utilities, such as water works, street railways, plants or systems for the generation, distribution and sale of electric or other heat, light and power, and transmission lines or other means for the distribution and sale of electric or other light, heat and power however generated, and to provide for the

850

.JOL:'RXAL OF THE SENATE,

payment of said debt or debts when so ip.curred," and if the people shall ratify said amendments hy a majority of the electors qualified to vote for members of the General Assembly voting therein such amendments shall be and become a part of the Constitution of this State and the Governor shall make proclamation accordingly.
Mr. Hollingsworth offered the following amendment:
"Amend by striking words "or with the State itself" in line 9 of the caption, and in line 18 of Paragraph 2, and in line 18 of Paragraph 2 page 2 as amended.
1\Ir. Brown monel that the bill and all amendments be tabled.
:Mr. Hollingsworth called for the Ayes and Nays aml 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. Haralson, Pat ,Johns, G. A.

Jones, John H. Kimzey, Sam Manson, Frank C.

Pope, David F. Thomas, James R.

Those voting in the negative were Messrs:

Bellah, .T. M. Bond, Chas. N. Boykin, James H. Childs, E. W. Collum, J. M. Cone, Howell

Colson, D. C. E'leming, Denis Fleming, W. 0. Golueke, Alvin G. Hollingsworth, J. C. Holmes, R. H.

Jackson, J. B. Lassiter, W. H. Nix, 0. A. Peaeoek, C. H. Richards, Will Ridley, Dr. C. L.

FRIDAY, AuausT 11, 1922.

851

Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B.

Tarpley, R. 0. Taylor, Geo. W. Thorpe, E. M. \Valker, B. F.

Wall, Dan \Veaver, J. D. Womble, M. D:

Those not voting were Messrs : G

Akin, L. R. Campbell, R. W. David, A. B. Davidson, J. E. Ellis, R. C.

Foy, John E. Hunt, T. M. Hutchens, H. C. Jones, 0. K. of 6th Mills, J. H.

Palmour, J. E. Williams, Wiley \Vohlwender, Ed. Mr. President

Ayes 8, Nays 29.

On the motion to table the Ayes were 8, the Nays were 29, and the motion was lost.

The amendment offered by Mr. Hollingsworth was adopted.
Mr. Thomas offered the following amendment.

''Amend by striking the word ''County'' wherever same occurs in said bill.

The amendment was adopted.

Mr. Brown called for the previous question and the call was sustained.

The bill being a Constitutional amendment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Akin, L. R. Bellah, J. M. Boykin, James H. Colson, D. C. David, A. B. Ellis, R. C. Fleming, Denis Golucke, Alvin G.

Hollingsworth, J. C. Hutchens, H. C. Jackson, J. B. Lassiter, vV. H. Nix, 0. A. Peacock, C. H. Richards, Will Ridley, Dr. C. L.

Rountree, J. L. Sheffield, R. H. Stovall, E. B. Thomas, James R. Thorpe, E. M. Wall Dan

852

JouRKAL oF THE SENATE,

Those voting in the negative were Messr::,:

Bond, Chas. N. Brown, L. C. Childs, E. W. Collum, J. M. Cone, Howell Davidson, J. E. Fleming, W. 0. Haralson, Pat

Holmes, R. H. Johns, G. A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam :\!anson, Frank C. Palmour, J. E. Pope, David F.

Snow, Russell E. Tarpley, R. 0. Taylor, Geo. W. Weaver, J. D. \Vohlwender, Ed. Womble, ~I. D.

Those not voting were Messrs:

Campbell, R. Vi7. Foy, John E. Hunt, T. M.

1'lills, J. H. Walker, B. F.
William~, Wile~

Mr. President

Ayes 22, Nays 22.

On the passage of the bill the Ayes were 22, the Xays were 22.

The bill having failed to receive the requisite two thirds majority was lost.

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 follmving bills of the House, towit:
House Bill No. 965. A bill to amend an Act to amend, consolidate and supersede the several Acts incorporating the Town of McCarysville in Fannin County.
House Bill No. 967. A bill to create a new charter for the City of Richland, Stewart County.

FRIDAY, AuGUST 11, 1922.

853

House Bill No. 963. A bill to establish a new charter for the Town of Danville.
House Bill No. 930. A bill to amend an Act creating a charter for the Town of Doerun.

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

Jlr. P rt'sideut:
The House has passed by the requisite constitutional majority the following bill of the Senate, towit:
Senate Bill .No. 270. A bill amending Section 755 of Volume 1 of the Code of Georgia of 1910 in regard to the establishment, maintenance and operation of ferries and approaches thereto.
The following message was received from the House through Mr. Moore, the Clerk thereof:

JJ r. P.res-ident:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
House Resolution No. 160. A resolution to appropriate the sum of $2,000.00 for the purpose of defraying expenses of special Mansion Leasing Commission.
The following message was received from the House through Mr. Moore, the Clerk thereof:

854

JOURNAL OF THE SE~ ATE,

J;J r. President:
The H0use has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 869. A bill to amend Sections 696 and 697 of the Civil Code of 1910 to provide for tlw drying out and opening public roads.
House Bill No. 569. A bill to amend the Tax Act of 1921 as to bill boards, etc., and for other purposes.
House Bill No. 467. A bill to authorize the Insurance Commission to appoint an assistant fire inspector.
The following message was received from the House through Mr. Moore, the Clerk thereof:

J;J r. President:
The House has passed b;r the requisite constitutional majority the following bill of the Senate, towit:
Senate Bill Ko. 291. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Houston County.
Senate Bill No. 294. A bill to create a Board of County Commissioners for. Houston County.
The following message was received from the House through ~Ir. Moore, the Clerk tl).ereof:

Jlr. Preside11t: The House has passed by the requisite constitu-

FRIDAY, AL:GUST 11, 1922.

855

tional majority the following bills of the House, towit:

House Bill No. 986. A bill to amend the charter of the city of Waycross.

House Bill No. 983. A bill to repeal an Act creatillg a Board of Commissioners for Cobb County.

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

Mr. Prrside11t:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 171. A bill to amend Acts creating Board of Public Education fo:r city of Savannah.
House Bill No. 980. A bill to create a Board of Commissioners of Roads and Revenues for Lamar County.
House Bill No. 984. A bill to amend an Act creating a new charter for the City of Douglas.
House Bill No. 990. A bill to provide a voting precinct for the County.of Chatham.
House Bill No. 987. A bill to amend an Act creating the City Court of Louisville.
The following bills were read the first time and refE:rred to committees:

856

JouRNAL OF THE SENATE,

By Messrs. Clarke and Lewis of Colquitt-
House Bill No. 930. A bill to amend, revise and consolidate the several Acts incorporating the Town of Doerun, and the City of Doerun.
Referred to the Committee on Corporations.

By Mr. Van Zant of Fannin-
House Bill No. 965. A bill to amend an Act to consolidate and supersede the several Acts incorporating the Town of McCaysville.
Referred to the Committee on Corporations.

By Mr. Woodard of Cook-
House Bill No. 869. A bill to amend Sections 696 and 697 of the Civil Code of 1910 to provide for drying out and opening public roads.
Referred to the Committee on Public Roads.

By Mr. Valentino of Chatham and Moore of ]fulton-
House Bill No. 569. A bill to amend the Tax Act of 1921 as to Bill Boards, etc.
Referred to the Committee on Appropriations and Finance.
By Mr. Wood of Twiggs-
Hause Bill No. 963. A bill to establish a new
charter for the Town of Danville, etc. Referred to the Committee on Corporations.

FRIDAY, AuausT 11, 1922.

857

By Messrs. Hamilton, Davis and Salmcm of Floyd-
House Bill No. 467. A bill to authorize the Insurance Commissioner to appoint an Assistant Fire Inspector.
Referred to the Committee on Insurance.

By Mr. Swift of Elbert-
House Resolution No. 160. A resolution to appropriate the sum of $2,000 for defraying expenses of Special Mansion Leasing Commission.
Referred to the Committee on Appropriations and Finance.

By Mr. Boyett of Stewart-
House Bill No. 967. A bill to create a new charter for the City of Richland.
Referred to the Committee on Corporations.

By Messrs. Bowden and Blalock of Ware-
House Bill No. 986. A bill to amend charter of \Vaycross.
Referred to the Committee on Counties and County Matters.

B~, Mr. Bush of Lamar-
House Bill No. 980. A bill to create a Board of Commissioners of Roads and Revenues for Lamar.

858

JOURNAL OF THE SENATE,

Referred to the Committee on Counties and Count:v' :Matters.

By Chatham Delegation-
House Bill X o. 990. A bill to provide for precinct \'Oting in Chatham County.
Referred to the Committee on Counties and County Matters.

By Messrs. Dobbs and Gann of Cobb-
House Bill No. 983. A bill to repeal Act creating a board of Commissioners of Road and Revenues for Cobb Count:v'.
Referred to the Committee on Counties and County Matters.

By Messrs. Haynes ancl King of JeffersonHouse Bill ~ o. 987. A bill to amend Act creating
City Court of Louisville.
Referred to the Committee on Special Judician'.

B~' Mr. Valentino of ChathamHouse Bill K o. 171. A bill to amend Act creating
the Board of Public Education for Savannah. Referred to the Committee on Education.

By Mr. (~uincey of Coffee-
House Bill No. 984. A bill to amend Act creating liew charter for Douglas.

FRIDAY, AuGusT 11, 1922.

859

Referred to the Committee on Corporations.
The following bill was read the third time and put upon its passage:

By Messrs. Clay and Golucke-
Senate Bill No. 188. A bill to propose to the people of State an amendment to the constitution of the State of Georgia.
Be it resolved by the Senate and the House of Representatives of the State of Georgia, That this amendment to the constitution of the State of Georgia be, and the same is hereby proposed to the people therof, That Article 7, Sec. 6, Par. 2, of said constitution be amended by adding after the word "Sanitation," the words, as follows: "And the authority thus delegated to counties to levy taxes for any and all such purposes shall be limited to 15 mills provided this limitation shall not apply to levies of taxes for the purpose of paying any county indebtedness existing at the time of the adoption of this amendment by the people", so that said paragraph so amended, shall read as follows : ''The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges, to maintain and support prisoners; to pay jurors and coroners, and litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation and the authority thus delegated to

860

JOURNAL OF THE SENATE,

counties to levy taxes for any and all such purposes shall be limited to fifteen mills; provided this limitation shall not apply to levies of taxes for the purpose of paying any county indebtedness existing at the time of the adoption of this amendment by the people.''
Be it further resolved, That it shall be the duty of the governor to cause publication of this proposed amendment to be made in accordance with the provisions of the Constitution of this State.
Be it further resolved, That at the next general election to be held in this State, this proposed mn.endment shall be submitted to the people of this State for their approval or rejection by causing to be printed or written upon the ballots to be cast thereat the words, ''For the constitutional amendment limiting the amount of levy of taxes for county purposes,'' and the words ''Against the constitutional amendment limiting the amount of levy of taxes for county purposes''; and if the people shall ratify such amendment by a majority of the electors qualified tc. vote for members of the General Assembly voting thereon, such amendment shall be and become a part of the Constitution of this State, and the Governor shall make proclamation accordingly.
Mr. Kimzey affered the following amendment:
''Amend by adding 'Nothing in this Act shall apply to any local school tax in any county or school district now or hereafter having a local school tax'.''
The amendment was adopted.

FRIDAY, AUGUST 11, 1922.

861

The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill being a constitutional amenedment the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Bellah, J. ~'L Bond, Chas. N. Boykin, James H. Brown, L. C. Collum, J. :M. David, A. B. Davidson, J. E. Fleming, Denis Fleming, W. 0. Fay, John E.

Golucke, Alvin G. Hollingsworth, J. C. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam Mills, J. H. Xix, 0. A. Peacock, C. H. P'ope, David F. Richards, Will

Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Wall Dan 'Vohlwender, Ed. " 7 omble, l\1. D.

Those voting in the negative were Messrs:

Akin, L. R. Childs, E. W. Cone, Howell Colson, D. C.

Ellis, R. C.
Hutchens, H. C.
Johns, G. A.
Lassiter, ,V. H.

Palmour, J. E. Snow, Russell E. Thorpe, E. J\1. 'Veaver, J. D.

Those not voting were Messrs :

Campbell, R. vV. Haralson, Pat Holmes, R. H.

Hunt, T. J\1. Jackson, J. B. :Manson, Frank C.

Ayes 30, Nays 12.

Walker, B. F. .Williams, Wilily Mr. President

On the passage of the bill the Ayes were 30, the Nays were 12.

The bill having failed to receive the requisite two thirds majority was lost.

Mr. Golucke gave notice that at the proper time

862

J OURXAL OF THE SENATE,

he would move that the Senate reconsider its action in defeating the bill.
Mr. \'Talker asked unanimous consent that Senate Bills No. 254 and Xo. 256 be tabled at this time and the consent was granted.
Mr..Jones of 37th moved that the Senate go i11to executive session and the motion prevailed.
The Senate went into executive session at 12 :40 o'clock.
At 12 :59 the executive session was dissolved.
l\Ir. Taylor moved that the Senate do now adjourn and the motion prevailed.
The President announced the Senate adjourned till 3 P. M. today.

AFTER~OOX SESSIOX'

3 P.M.

The Senate reconvened at this hour and \Vas called
to order by the President.

Upon the call of the roll the following Senators nnswered to thei'r 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.

DaYid, A. B. Ellis, R. C. Fleming, Denis Fo~, John E. Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Hutchens, H. C. Johns, G. A. .Jones, John H.

Jone", 0. K. of 6th Kimzey, Sam Nix; 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Richards, Will Ridley, Dr., C. L. Rountree, J. L. ~heffield, R. H.

FRIDAY, AUGUST 11, 1922.

863.

Tarpley, R. 0. Taylor, Geo. W.

Thomas, James R. Thorpe, E. 1\f.

\Vohlwender, Ed. Womble, 1\-I, D.

Those absent were :

Davidson, J. E. Fleming, W. 0. Holmes, R. H. Hunt, T. M. Jackson, J. B.

Lassiter, W. H. )lanson, Frank C. Mills, J. H. Snow, Russell E. St-ovall, E. B.

Walker, B. F. Wall Dan vVeaver, J. D. Williams, Wiley Yr. President

JJr. President:

Your Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Senate and the Speaker of the House of Representatives the following Acts, to-wit:
No . .189. Au Act to create the City Court of Summerville for the County of Chattooga.

No. 218. An Act to incorporate the City of Jesup.
~o. 172. An Act to carry into effect in the City of Atlanta the amendment to the Constitution relative to abolition of justice courts and justices of the peace.

No. 219. An Act to repeal an Act amending the road laws of Georgia, in Gordon County.
No. 237. An Act to repeal an Act to establish the Public School System in the Town of Richland.
No. 182. An Act to prescribe and :fix a compensation for the Treasurer of Clayton County, and for other purposes.
No. 214. An Act to give the Federal Govern-

864

JouRNAL OF THE SENATE,

ment authority to establish rules for protection of game and fish.

No. 193. An Act to repeal an Act incorporating the Town of Crest.

No. 148. Au Act to amend an Act establishing a eharter for the City of Calhoun.

No. 213. An Act to amend the charter of the town of Statham, Georgia.

No. 258. Au Act to amend an Act abolishing the Board of Roads and Revenues and creating a Board of Commissioners for Walker County.

No. 242. Au Act to amend the charter of the ciiy of Covington, Georgia, Laws.

No. 167. Au Act to amend an Act to establish thJ Public School System for Sparta.

Noj 161. An Act to repeal an Act approvt=ld August 18, 1919, entitled "An Act to establish tlH~ City Court of Alma."

Mr. Richards, Chairman of the Committee on Counties and Co:uuty Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matt<:rs has had under consideration the following bills of the House and instructed me, as their Ohahmm1, to

FRIDAY, AUGUST 11,1922.

865

report the same back to the Senate, with the rHcornmendation that the same do pass, to-wit:
House Bill No. 957.
\V. M. RICHARDS, Chairman.

Mr. Thorpe, Chairman of the Committee on 111surance, submitted the following report:

Mr. President:
Your Committee on Insurance 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. 561.
THORPE, Chairman.

The following bills favorably reported were read the second time:

By Mr. DuBose of Clarke-
House Bill No. 561. A bill to amend Act creating Department of Insurance.

By Mr. Bobo and Ficklen of Wilkes-
House Bill No. 951. A bill to amend Act establishing Board of Commissioners of Roads and ReYenues for Wilkes County.
Sig. 28-Senate .Tournai.

866

.JOL"RNAL OF THE SENATE,

The following message was received from the House through }\fr. l\Ioore, the ( 'lerk thereof:

Jlr. Preside11t:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill 1\o. 981. A bill to amend Act establishing fee system now existing in Augusta Judicial Circuit.
House Bill ~ o. 972. A bill to amend an Act ereating Board of Commissioners of Roads and Revenues for Lee Count~r.
The following bills were read first time alHl referred to Committee:

By Richmond Delegation-
House Bill .No. 981. A bill to amend Act establishing fee system now existing in Augusta Judicial Circuit.
Referred to the Committee on Special judiciary.
By :Mr. Clifton of LeeHouse Bill No. 972. A bill to amend Act erea ting
a board of commissioners of Roads and Revenues for Lee.
Referred to the Committee on Counties and County Matters.

FRIDAY, AuGusT 11,1922.

867

The following- bill was read the third time and put upon its passag-e:

By Mr. RidleySenate Bill No. 159. A bill to reYise laws creating-
the Georgia State Board of Pharmacy. The committee offered the following- substitute:

A BILL
To be entitled an Act to revise the present laws creating the Georgia State Board of Pharmac~~, to provide for the qualifications of the members of said Board, and that the course in Pharmac~~ be made such as to entitle Georgia Drugg-ists to a Standard License as recognized and accepted b~~ other States, to repeal Sections 1722-1731 inclusin of Code of Georg-ia creating and regulating said Board and amendments to such Sections; and for other purposes.
Section 1. Be it enacted by the General Assembl~~ of the St.ate of Georg-ia, and it is hereby enacted b~~ authority of the same, That from and after the passage of this Act there is hereby create<l an<l established a Board to be known as Georgia Board of Pharmacy with the duties and powers as are hereinafter in this Act provided.
Said Board shall consist of five (5) members, and the members of the now existing- Georgia State Board of Pharmacy shall continue in office and act as memhcrs of the said Georgia Board of Pharmacy hereby

868

.JouRNAL OF THE SENATE,

created, with all the duties and powers as herein provided, until their respective terms of office expire, the vacancies as they may occur to be filled in keeping with the requirements of this Act.

Sec. 2. Members of said Georgia Board of Pharmacy shall be appointed by the Governor and shall serve for a term of five (5) years, or until their successors are duly appointed and qualified. No person shall be eligible for appointment to membership on said Board who is not a registered druggist or pharmacist of the State of Georgia, ancl who has not been actually engaged for a period of ten (10) years or more in the retail drug business. If all). member of said Board after his appointment and qualification shall cease to be actually engaged in the retail drug business, his membership on said Board shall at once become vacant; nor shall an:'' person be eligible to appointment on said Board who has any official connection with any school or college of pharmacy, and if any member of said Board shall after his appointment and qualification become connected with any school or college of pharmacy, his membership on said Board shall immediately become vacant. No member of the Board who has served one full term shall be eligible to re-appointment until there has intervened a period of one (1) full term from the date of the expiration of his membership to the date of his re-appointment.

Sec 3. The Georgia Pharmaceutical Association shall from its membership annually nominate five (5) candidates for the next occurring vacancy on

FRIDAY, AuGusT 11, 1922.

869

said Board, who shall meet the qualifications as required by this Act, and from such nominees, when regularly submitted to him by the secretary of the said Association, the Governor shall make his appointment for the vacancy occurring in said Board from the list last submitted to the Governor by the Georgia Pharmeceutical Association.
Vacancies occurring other than by expiration of the term of a member shall be filled for the unexpired term only.
Sec. 4. Appointees to said Board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of their office, which oath shall be filed with the Secretary of State, whereupon the Secretary of State shall issue to said appointee a certificate of appointment.
Sec. 5. The members of said Board shall recein as their compensation the sum of then.ty-five dollars ($25.00) per day and their expenses while performing their duties as members of said Board, such compensation and expenses to be paid out of the funds receiveCl by said Board under the provisions of this Act.
Sec. 6. The said Board shall as soon as practicable after this Act becomes effective, meet and organize and from their members elect a president, a vice-president, and a secretary.
Said Board shall from time to time make such

870

JouRNAL OF THE SENATE,

by-laws and rules as are necessary and proper to carry out the purpose of this Act, and to facilitate its business. Said Board shall prescribe the duties of its respective officers. It shall require the Secretary to give a bond, with good and sufficient security, in an amount to be fixed by said Board, for the faithful performance of his duties as such officer and for the faithful accounting of all moneys coming into his custody. The surety on said bond shall be a surety company authorized to do business in the State of Georgia, and the premium on such bond shall be paid, when approved by said Board, out of the funds received under the provisions of this Act.
The said secretary shall be paid a salary for his seiTices, the amount of the same to be fixed by said Board, and paid out of said funds, not to exceed six hundred dollars ($600.00) per annum.
Sec. 7. The said Board shall meet for examination of applicants for licenses at least three (3) times a year, at such place or places, and at such times, as the Board may decide. Such other meetings may be held for such examinations and for transacting the other business of said Board, as the said Boanl may deem necessary.
Sec. 8. Said Board shall issue two (2) licenses, one to be known as ''Registered Pharmacist,'' and the other to be known as ''Assistant Pharmacist.'' Separate examination questions shall be given for said respective licenses, and the applicant shall make known on his application the particular license for which he is applying.

FRIDAY, AuGusT 11, 1922.

871

Sec. 9. A registered pharmacist shall have the right to conduct a drug store or pharmacy for the compounding of medicines upon physician's prescriptions, and for the manufacture, sale and distrilmtion of drugs, medicines, and poisons.

Sec. 10. An assistant pharmacist shall have the right to do all things that may be done by a registered pharmacist in a pharmacy or drug store or place of business conducted under the supervision of a registered pharmacist during the registered pharmacists temporary absence. The term "temporar~' absence'' shall be defined by said Board.
Sec. 11. It shall be unlawful for any proprietor, owner or manager af any drug store or pharmacy to allow any person in his employ except a registered pharmacist to compound or mix any drugs, medicines or poisons for sale.

Sec. 12. Beginning with the first day of January 1924 applicants for license as registere(l prahmacists must not be less than twenty-one (21) years of age, and shall have had at least four (4) years practical experience in a retail drug store under the supervision of a registered pharmacist; or such applicants must be graduates of a school or college of pharmacy recognized by said Board.
In addition to the above qualifications, such appli~ cants must be able to meet such preliminary educational requirements as may be fixed by said Board. Provided, however, that from and after a period of twelve (12) months from the first day of January

872

JouRNAL OF THE SENATE,

following the passage of this Act all applicants for license as registered pharmacists must be graduates of a college or school 9f pharmacy which is recognized by said Board, and in addition thereto must have had at least two (2) years of practical experience in a retail drug store; provided, however, where an applicant has graduated from a college of pharmacy having a course of three (3) years or more, he may be relieved of one (1) year's practical experience in a retail drug store.
Sec. 13. Applicants for license as assistant pharmacists shall be not less than eighteen (18) years of age, and shall have had at least two (2) years' practical experience in a retail drug store under the supervision of a registered pharmacist. Provided, however, that a credit of one (1) year in meeting such requirements may be given for the attendance of not less than one (1) full school year at a school or college of pharmacy recognized by said Board.
Sec. 14. For registered pharmacist the said Board shall have the right to fix such preliminary educational requirements as they may deem necessary to keep the standard and requirements of this State equal to the educational requirements of similar Boards in other States, but in no case shall the educational requirements be less than two (2) years of high school work or its equivalent.
Sec. 15. Schools or colleges of pharmacy which said Board is authorized to recognize must be an institution, school, or department of a university or college which requires for graduation not less than

FRIDAY, AuousT 11, 1922.

873

one thousand two hundred (1,200) hours of instruction of which at least five hundred (500) hours must be lectures and recitations, and requiring in the giving of its course not less than sixty-four (64) weeks covering two (2) full college years and not less than two (2) months between terms.
Sec. 16. Applicants for examination as registered pharmacists under this Act shall pay to said Board an examination fee of fifteen dollars ($15.00) and applicants for assistant pharmacists shall pay to said Board ten dolars ($10.00). All fees shall he paid to the secretary of said Board at the time of the filing of the application for examination. Any applicant failing to make the required mark is entitled to another examination without any additional charge, provided he takes the second examination within one (1) year from the first.
Sec. 17. The said Board may in its discretion grant licenses as pharmacists and assistant pharmacists to persons who furnish proof that the~ have been registered as such in some otl1er State, and that they are of good moral character, provided that such other State in its examination requires the same general degree of fitness as required by the examination in this State.
Sec. 18. The said Board, in order to determine and be informed of the status of the Boards of other States desiring reciprocal registration, and in order to be advised also regarding the progress of pharmacy throughout the country, ma.' annually elect one of their members to meet with like representa-

874

J OCRXAL OF THE SENATE,

tives from other State Boards of Pharmacy, the expenses of such member in attending such meeting to he paid out of the fun,ds received by the said Board under the provisions of this Act. The said Board through its representatives may with like representatives from other State Boards of Pharmacy join in creating and maintaining an Association of members of the several States to be engaged in the general advancement of pharmacy and the keeping of records of reciprocal registration.

Hcc. 19. Said Board shall refuse to grant a license to any person found guilty of a felony, or gross immorality, or who is addicted to the use of alcoholic liquors, or narcotic drugs to such au extent to render him or her unfit for the practice of pharmacy and may after due hearing revoke a license for such cause, or revoke any license which has been procured b~ fraud.
Sec. 20. No person shall engage in the compounding or vending of medicines, drugs, or poisons within the State without full compliance with this Act, except : (1) such druggists as are exen1pted from the operations of the present law by statute of the State of Georgia, and such druggists as have heretofore obtained a. license and are legally authorized by existing laws to compound and vend drugs, -poisons, and chemicals; (2) physicians putting up their own prescriptions and dispensing medicines from their own offices; (3) merchants selling family medicines not poison, Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these ar-

FRIDAY, AuGUST 11,1922.

875

ticles, used for killing Lincoln bugs, cabbage worms, caterpillars all and similar insects, provided the labels, cartons, packages containing such preparations have the word "poison" printed across the face of each, as required by National Pure Food & Drug Act of 1906.

Sec. 21. It shall be the duty of said Board to examine all applicants for licenses under the pr?visions o.f this Act submitted in proper form and to grant certificates or licenses to such persons as may be entitled to the same. It shall further be the duty of said Board to cause the prosecution of all persons violating the provisions of this ~-\ct, and in all such prosecutions the burden shall be upon the defendant to show his authority.

Sec. :22. All moneys paid to the secretary in fees, or from other sources, shall be held by him for the payment of the compensation of expenses of said Board and salary of the secretary. After the compensation of the members of said Board, the salar~ of the secretary and the expenses of said Board han been paid, the secretary shall hold the balance of tlw funds in his custody until the amount on hanci reaches the sum of one thousand dollars ($1,000.00), which amount shall be retained by him for the use of said Board in an emergency, and the balance over this sum of one thousand dollars ($1,000.00) shall be pai<l from time to time to the treasurer of the Georgia Pharmaceutical Association, on an order signed h~ the President of said Board, to be use<l by said Association for the advancement of pharmacy. The see-

876

J OCRNAL OF THE SENATE,

retary shall make to said Board such reports as the said Board may require of all moneys that he has received and paid out, together with a list of all the successful applicants of the examination during the time covered by the report, and he shall also faithfully record all proceedings of said Board in a permanent book to be kept for the purpose and deliver the same to his successor in office.

Sec. 23. The term "drug store" or "pharmacy" wherever used in this Act shall be eonstrued to mean a place where drugs, medicines, or poisons are dispensed, compounded and so~d at retail, subject to the exceptions provided for in Section 20 of this Act.
Sec. 24. It shall be unlawful for any person in connection with any place of business, by a name, sign, or otherwise, to use the words "drug store" or "pharmacy," or any similar words indicating that such place of business is a drug store or pharmac~~ unless such place of business is in fact and in truth a drug store or pharmacy as defined in this Act.

Sec. 25. Said Board shall have authority to employ an attorney to aid it in performing its duties, and to compensate such attorney out of the funds received by it under the provisions of this Act.
Sec. 26. All persons now lawfully engaged in compounding and vending medicines, drugs, and poisons in this State, and who have not already done so under the law as it existed prior to the passage of this Act, shall on or before the first day of January following the passage of this

FRIDAY, AuGusT 11,1922.

871

Act, and every person who shall be hereafter duly licensed under the provisions of this Act shall before engaging in any business under said license register in the office of the Ordinary of the County wherein he resides or intends to conduct said business, in a book to be. kept for that purpose by said Ordinary, his name, nationality, and credentials, and date thereof undei which he is enfitled to engage in such vocation. For each registration the Ordinary shall receive fifty (50) cents to be paid by the party so registering and a certifica.te of such registration, stating the terms of the same, shall be gi\en him by said Ordinary.
Sec. 27. That any violation of any provision of this Act shall he a misdemeanor and the person offending shall be punished as prescribed in Section 1065 of the Penal Code.
Sec. 28. Be it further enacted by the authority aforesaid, That sections of the Civil Code, to-wit, Sections 1722 to 1731 inclusive, all of which sections deal with the creation and powers and duties of the Georgia State Board of Pharmacy, be and the same are hereby especially repealed in so far as they conflict with this Act.
Sec. 29. Be it further enacted by the authority nforesaid, That all laws and parts of laws in conflict with this Act ~e and the same are hereb~T repealed.
Mr. David offered the following amendment to substitute-
'' Amend substitute by striking Sec. 3 in its entirety and renumbering remaining sections accordingly"-

878

JOURNAL OF THE SENATE,

The amendment was adopted.

The committee offers to amend substitute as follows:

''Striking the words ''Not poison'' in line 9 of Sec. 20 of substitute."

The amendment was adopted.
The substitute, as amended, was adopted.
The report of the committee which was favorable to the passage of the bill by substitute as amended was agreed to.

On the passage of the bill the Ayes were 29, the Nays were 0.
The bill having received the requisite constitutional majority was passed.

The following resolution was read and adopted:

By Mr. Fleming of lOth-
Resolv.ed, that the privileges of the floor be extended to Mrs. Robt. Strickland, and Mrs. Joe Brown of Atlanta, and to .Mrs. Ella Pope, and Misses Pauline and Hazel Pope of LaFayette, Ga., and to Miss Hazel Strickland of Atlanta. Mrs. Pope is the wife of our esteemed Senator of the 44th District, and the two Misses Pope are his charming daughters.
The following message was received from the House through :Mr. l\Ioore, the Clerk thereof:

FRIDAY, AuausT 11, 1922.

879

Jlr. President:
.'rhe House has passed b~ the requisite constitutional majority the followiugresolution of the SenHte, to-wit:
Senate Resolution X o. 75. A resolution providing for the acceptance of a furid from the Congress of the United States for the betterment of health conditions.
The following message was received from the House through l\Ir. l\foore, the Clerk thereof:

J/ r. Prt>sideHt:
The House has passed by the requisite constituti<mal majorit~ the following bills of the House, towit:
House Bill 1\o. 117. A bill to amend the school laws of Georgia relative to the teaching of vocal music in public schools.
House Bill No. 775. A bill to empower County Huthorities to provide and keep in repair suitable quarters for N. P. and J.P. Courts.
The following bills were read the first time and nferred to committee:
By .Mr. Duncan of Hall, etc.House Bill X o. 775. A bill to empower county
authorities to provide suitable quarters of Justice of Peace Courts.
Referred to the Committee on Speci~l Judiciary.

880

JOURNAL OF THE SEKATE,

By Mr. Luke of Ben Hill-

House Bill No. 107. A bill to amend Act codifying school laws relative to teaching vocal music in public schools.

Referred to the Committee on Education.

Under the regular order of business the following House Bill was read the third time and taken up for consideration :

By Mr. Bentley of Pierce-
House Bill No. 260. A bill to change the name of the Railroad Commission to the Georgia Public Service Commission.
The following amendments were read and adopted:
By Mr. Kimzey of 31st-
Amend Section 9 by striking same.
Amend by striking Section 3.
Amend the title by striking the words ''to provide for a public counsel to represent the public in all matters before the Commission, to fix his salary, to define his duties, and provide for his appointment by the Governor."
Amend Section 8 by adding af~er the word "law" in the fourth line thereof the following words: "Including the special attorney now provided by law, whose term of office and appointment shall continue

FRIDAY, AuGusT 11,1922.

881

as heretofore, except that the special attorney's salary shall be four thousand dollars per annum.''
The report o.f the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill Mr. W ohlwender 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. Brown, L. C. Campbell, R. W. Collum, J. M. Cone, Howell David, A. B. Ellis, R. C. Fleming, Denis

Foy, John E. Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Johns, G: A. Jones, John H. Kimzey, Sam Manson, Frank C. Mills, J. H. Nix, 0. A. Palmour, J. E.

P-ope, David F. Richards, Will Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Stovall, E. B. Taylor, Geo. W. Thomas, James R. Thorpe, E. ~:L W~eaver, J. D.

Those voting in the negative were Messrs:

Childs, E. W. Colson, D. C. Jones, 0. K.

Lassiter, W. H. Tarpley, R. 0. Wohlwender, Ed.

Womble, ~L D.

Those not voting were Messrs:

Davidson, J. E. Fleming, W. 0. Holmes, R. H. Hunt, T. M.

Hutchins, H. C. Jackson, J. B. Peacock, C. H. Snow, Russell E.

Ayes 32, Nays 7.

The roll call was verified.

Walker, B. F. Wall Dan Williams, Wiley :\.ir. President

882

Jo"LTRNAL OF THE SENATE,

On the passage of the bill the Ayes were 3: Xays were 7.
The bill having received the requisite con tional majority was passed.
1\fr. 1,Vohlwender moved that the Senate do adjourn.
Under a previously adopted resolution the 1 dent announced the Senate adjourned till 10 o ~Ionday morning- August 14th, 1922...

MoNDAY, AuausT 14, 1922.

883

SENATE CHAMBER, ATLANTA, GA.

August 14th, 1922.
The Senate met pursuant to adjournment at 10 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 correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Fleming of the lOth asked unanimous consent that House Bill No. 107 be withdrawn from the committee on Education, read the second time and recommitted to the Committee on Education, and the consent was granted.
l\Ir. Childs asked unanimous consent that House Bill No. 967 be withdrawn from the Committee on Corporations, read the second time and recommitted to the committee on Corporations and the consent was granted.
l\fr. Manson asked unanimous consent that House Resolution Ko. 160 be withdrawn from the Committee on Appropriations and Finance, read the second time and recommitted to the Committee on Appropriations and Finance and the consent was granted.

884

JovR~AL OF THE SENATE,

By unanimous consent House Bill No. 986 was withdrawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters.

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

Jlr. President:
The House has passell by the requisite constitutional majorit~ the following bills of the House, towit:
House Bill K o. 762. A Bill to amend Act creating the Municipal Court of Atlanta.
House Bill ~o. 791. A bill to confer upon certain counties authorit~ to leYy taxes for educational purposes.
House Bill No. 690. A bill to declare it a misdemeanor to make, change or utter a check with intent to defraud.
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 House, to-wit:
House Resolution No. 225. (998A). A Resolution

l\IoNDAY, AuGusT 14, 1922.

885

to establish a Library for Judge of Pederal Court of Southern Distriet.
The following message was received from the House through 1\Ir. l\Ioore, the Clerk thereof:

Jlfr. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 997. A bill to repeal an Act entitled'' An Act to create a Board of Commissioners of Roads and Revenues for the County of Jeff Davis, and for other purposes.
House Bill No. 848. A bill to create a Board of Education for Lamar County.
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, towit:
Senate Bill No. 278. A bill to amend au Act relating to the Board of Commissioners of Roads and Revenues of Early County so as to :fix the term of officer of said Commissions, and for other purposes.
Senate Bill No. 286. A bill to carry into effect in the City of Atlanta the provisions of the amendments to Paragraph 1, Section 7, Article 6, of the Constitu-

886

JOURNAL OF THE SE)IATE,

tion of the State of Georgia relating to the abolition of Justices so as to increase the jurisdiction of the Municipal Court of Atlanta.
Senate Bill No. 1. A bill to propose to the qualified electors of this State an amendment to Paragraph 2, Section 1, Article 11 of the Constitution of the State of Georgia relative to the creation of Peach County.
The following message was received from the House through :1\Ir. Moore; the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
House Resolution No. 148. A resolution to authorize the sale of certain lands owned by the State for benefit of the }1-,irst District A. and 1\I. School to fix the price of same, and for other purposes
The following message \Vas received from the House through l\Ir. Moore, the Clerk thereof:

Jfr. Preside11t:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 562. A bill to repeal an Act to prevent the shipment or movement of tick investe(l cattle into the State of Georgia.

:MoxDAY, AuGusT 14, 1922.

887

House Bill No. 65. A bill relating to the placing out of children by persons other than their parents and for other purposes.
House Bill No. 931. A bill to amend Section 1 of an Act entitled ''Au Act to aid in the establishment all<l maintenance of one or more consolidated public schools in each county of the State, and for other purposes.
House Bill No. 7157. A bill to permit Cities and Counties to issue bonds to construct joint high Sc:hools.
House Bill No. 882. A bill to abolish the office of County Treasurer of J acksou County, etc., and for other purposes.
The following message was received from the House through .Mr. .:\Ioore, the Clerk thereof:

Jlr. Preside11t:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill 1\o. 675. A bill to define the liabili6r of Hotel Keepers, and for other purposes.
The following message was received from the House through Mr. :Moore, the Clerk thereof:

Mr. President: The House has, passed by the requisite constitu-

888

J 01JRNAL OF THE SENATE,

tional majority the following bills of the House, towit:
House Bill No. 999. A bill to amend an Act to create the City Comt of Cairo, and for other purpot:es.
House Bill No. 674. A bill to withdraw the privilege of admission to the Georgia Bar by diploma alone.
House Bill No. 995. A bill to repeal an Act entitled ''An Act to create the office of Commissioner of Roads and Revenues for the County of Glascock, etc., and for other purposes.
House Bill No. 996. A bill creating a new charter for the Town of Decatur, etc., and for other purposes.
The following bills were read first time and referred to committee:

By Mr. McMichael of Marion, et al.-
House Bill No. 791. A bill to confer upon several counties of the State the authority to levy taxes for Education.
Heferred to the Committee on Education.

By Mr. Carswell of Wilkerson-
House Bill No. 690. A bill declarill~ ~1 a misdemeanor to make, change or utter a check with intent b l:;{ fraud.
Referred to the Committee on Special Judiciary.

l\IoxDAY, AuGusT 14, 1922.

889

By Mr. Bentley of FultonHouse Bill No. 762. A bill to amend Act creating
Municipal Court of Atlanta.
Referred to the Committee on Corporations.

By l\1r. Singletary of Grady-
House Bill No. 999. A bill to amend Act creating City Court of Cairo.
Referred to the Committee on Special Judiciary. By Mr. Stone of Jeff Davis-
House Bill No. 997. A bill. to repeal Act creating Board of Commissioners of Roads and Revenues for County of Jeff Davis.
Referred to the Committee on Counties and County Matters.

By l\1r. Bush of Lamar-
House Bill No. 848. A bill to create Board of Education of Lamar County.
Referred to the Committee on Education.

By Mr. Becham of Dougherty-
House Bill No. 674. A bill to withdraw the privilege of admission to the Georgia bar by diploma alone.
Referred to the Committee on Special Judiciary.

890

.TounxAL OF THE SE~ATE,

B~, Mr. :McCleland of DeKalb-

House Bill Xo. 996. A bill to amend Act creating new charter for Town of Decatur.

Referred to the Committee on Corporations.

By .i\Ir. ~Ie:Donald of Richmond-
House Resolution ~ o. 225. A resolution to est ablish library for Judge Federal Court Southern Di~; trict.
Referred to the Committee on Special Judiciary.

B.\' ~I r. Hamilton of Floyd-
House Bill Xo. 65. A bill relating to placing out of children hy persons other than parents or relati,es.
Referred to the Committee on General Judiciar~ Xo.l.

B~- l\Ir. Hamilton of ],loydHouse Bill i\o. 675. A bill to define the liabili t~'
of Hotel Keepers.
Referred to the Committee on Special Judiciary.

B~- ~[r. "DeLaPerriere and Swindle of Jackson-
House Bill :No. 882. A bill to abolish office of County Treasurer of Jackson.
Referred to the Committee on Counties and
Count~' ~1atters.

~IOXI>AY, AFGUST 14, 1022.

891

B~ :Mr. Braddy of Glascock-
Honse Bill No. 995. A bill to repeal Act creating office of Commissioners of Roads and Revenues for Glascock County.
Referred to the Committee on Counties and County Matters.

By Mr. Foy of TaylorHouse Bill No. 562. A bill to preYent shipment of
tick infested cattle.
Referred to the Committee on Agriculture.

By Mr. McMichael of Marion-
House Bill No. 931. A bill to amend Act aiding in ef'tablishment of one or more consolidated public schools in each county.
Referred to the Committee on Education.
B~ Mr. Becham of DoughertyHouse Bill Ko. 757. A bill to permit cities and
counties to issue bonds to construct joint High
Schools.
Referred to the Committee on Education.
By ~lessrs. Brmmen and Parish of BullochHonse Bill Xo. 931. A bill to authorize sale of
cPrtain lands owned by the State for benefit of the first District A. & :M. School.

892

JouRNAL OF THE SENATE,

Referred to the Committee on Education.
Mr. Childs of the 12th, Chairman of the Committee 011 Education, submitted the following report:

Jlr. PrPsident:
Your Committee on Education has had under con~ideration 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. 966.
CHILDS, Chairman.

.:\Ir. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report :

Jlr. President:
Yom Committee on Counties and County 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-wit:
House Bill No. 990. Respectfully submitted, RICHARDs, Chairman.
Mr. Richards, Chairman of the Committee on Counties and County Matters, submitted the following report:

MoNDAY, AuausT 14, 1922.

893

JY!r. President:
Your Committee on Counties and County 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-wit:

House Bill No. 882. Do pass. House Bill No. 995. Do pass. House Bill No. 972. Do pass. House Bill No. 828. Do not pass.
Respectfull~r submitted, RICHARDs, Chairman.

Mr. Foy, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President :
Your Committee on Fish and Game 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 not pass, to-wit:
House Bill No. 861.
FoY, Chairman.

Mr. Thorpe, Chairman of the Committee on Insurance, submitted the following report:

894

JouRXAL OF THE SENATE,

11Ir. President:
Your Committee on Insurance 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. 318.
Senate Bill No. :319.

Respectfully submitted, E. \V. THORPE, Chairman.

Mr. Manson, Chairman of the Committee on Pensions Committee, submitted the following report:

Jlr. President:
Your Committee on Pensions has had under consideration the following bills of the House and int3tructed me, as their Chairman, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill Xo. 745. Do pass as amended.
Respectfully submitted,
MANSON, Chairman.
l\Ir. Ellis of 47th District, Chainnan of the Committee on Public Roads, submitted the following rcpcrt:

~IoxoAY, AuGusT 14, 1922.

895

Jfr. President:

Your Committee on Public Roads, has had untler ('(msideration the following bills of the Reuse and iudructed me, as their Chairma11, to repori-. the s;Jmc hack to the Senate, with tlw ;ecommLndation that i11t- same do pass by substitute, to-wit:
Ff0USe Bill N 0. 796.
Respectfully submitted,
ELLis, Chairman.

~Ir. Bond, Chairman of the Committee on Enrollment, submitted the following report:

illr. President:
Your Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House of Representatives the following bills, to-wit:
~o. 191. A bill to create a Board of Col11111issioners to make a roster of the Georgia soldiers, sailors, and maines who served in the War between the States, 1861-1865.
No. 276. A bill to change time of holding June term of Superior Court of Barrow County from the fourth Monday in June to the third Monday in June of eP.0h yt>ar.
No. 294. A bill to create a Board of County Commissioners of Houston County, and for other purposes.

896

J OURKAL OF THE SENATE,

No. 263. A bill to amend ''An Act to establish the City Court of Eastman, in Dodge County.''

No. 253. A bill to amend An Act entitled ''An Act to protect fur-bearing animals of the State of Georgia, to provide a closed season, etc.''

No. 178. A bill to authorize the authorities of the various counties of this State to prescribe the term and period of the Fiscal year of such county.

No. 231. A bill to amend An Act to fix the time of holding the Superior Court in the various counties which compose the Cordele Circuit of this State.

X o. 288. A bill to incorporate the Town of Townsend in the County of Mcintosh, and for other purposes.

No. 283. A bill to amend the Charter of Lincolnton.

Resp~ctfully submitted,

C. N. BoND, Chairman.

Mr. Jones of the 37th, Chairman of the Committee on Corporations, submitted the following report:
.11 r. 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:

MoNDAY, AuGUST 14, 1922.

897

House Bill No. 938. House Bill No. 927. Also recommend House Bill No. 762. Do not pass.
JoNEs of the 37th, Chairman.

~Ir. Thorpe, Chairman of the Committee on Insurance, submitted the following report:

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 same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill No. 467.
THORPE, Chairman.

Mr. Golucke, Chairman of the Committee ou Special Judiciary, submitted 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 recommendation that the same do pass, to-wit:

House Bill No. 892. ford, Ga.
Big. 29-Senate .Journal.

State Depositor~ at Craw-

898

JouRNAL OF THE SENATE,

House Bill No. 981.-Solicitor General Fees, Augusta Circuit.
House Bill No. 987. City Court of Louisville.
House Resolution No. 119. Providing for settlement of dispute as to State Line between Tennessee and Georgia.

Senate Bill No. 323.Do pass.

GoLUCKE, Chairman.

:Mr. Ellis of the 47th District, Chairman of the Committee on Public Roads, submitted the following report:

Jfr. Presiden-t:
Your Committee on Public Roads 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. 869.
Mr. Nix, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

.lfr. Ptesident:
Your Committee on General Judiciary No. 2 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:

MoNDAY, AuousT 14, 1922.

899

House Bill No. 630. By Mr. Knight of Berrien, providing for change of Venue in Certain counties.

NIX, Chairman.

The following bills and resolutions, favorably reported, were read the second time:

By Messrs. Gunnels of Franklin and Mason of Hart-
House Bill No. 966. A bill amending authorizing City of Canon to establish a system of public schools.
By Mr. Knight of Berrien-
House Bill No. 630. A bill to provide for change of venue by Grand Juries when no qualified Grand Jury can found in the county where the crime was committed.
By Richmond DelegationHouse Bill No. 981. A bill to amend Act estab-
lishing fee system now existing in Superior Court of Augusta Judicial Circuit.
By Mr. Davis of OglethorpeHouse Bill No. 892. A bill to establish State De-
pository in Crawford.
By Messrs. Hines and King of JeffersonHouse Bill No. 987. A bill to amend Act creating
City Court of Louisville.

900

JouRNAL oF THE SE::-<ATE,

By Mr. \Voodward of Cook-
House Bill No. 869. A bill to amend code provirling for the drying out and opening public roads. By Chatham Delegation-
House Bill No. 990. A bill to provide for precinct yoting in Chatham County.

B~ .Mr. Jones of \Valker-
House Resolution No. 119. A resolution to take uecessary steps to locate State line between Georgia and Tennessee.

By Floyd Delegation-
House Bill ~o. 467. A bill to authorize the Insurance Commission to appoint an Assistant Fire Inspector.

By Mr. Bellah and Mr. Hutchens-
Senate Bill Xo. 318. A bill to amend Act establishing department of Insurance.

By Mr. Clifton of Lee-
House Bill No. 972. A bill to amend Act creating board of Commissioners of roads and revenues for Lee County.

By Messrs. \Villiams of Harris and 'Williams of vValton-
House Bill No. 796. A bill to amend Act reorganizing the Highway Department of Georgia.

MoNDAY, AuausT 14, 1922.

901

By :\Iessrs. Horne of Dodge and Moore of Fulton-
House Bill No. 745. A bill to amend Acts creating the Confederate Soldiers Home.

By Mr. .Miles of Candler-
House Bill No. 938. A bill to repeal Act incorporating Town of Aline.

By 1\Ir. Baldwin of Morgan-
House Bill Ko. 927. A Bill to amend Act amending lle\V charter for city of Madison.

By Mr. Golucke-
Senate Bill Xo. 323. A bill to amend an Act to create Board of Commissioners for Warren and Taliaferro County.
The following bills were read third time and put upon their passage:

By l\Iessrs. Bobo and Ficklin of Wilkes-
House Bill No. 951. A bill to amend Act establishing a Board of Commissioners of Roads and Revenues for Wilkes.
The report of the committee, which was favorable to the pa.ssage 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.

902

JouRNAL OF THE SENATE,

By Mr. Beck of Carroll-
House Bill No. 937. A bill to amend Section 659 of Parks Code, applicable only to Carroll County.
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 32, Xays 0.
The bill having received the requisite constitutional majority was passed.

By :Mr. Moore of Appling-
House Bill No. 943. A bill to amend Act creatingBoard of Commissioners of Roads and Revenues for Appling County.
The report of the committee, which was favorable to the passage of the bill, was ag-reed to.
On the passag-e of the bill the Ayes were 32, Xays 0.
The bill having received the requisite constitutional majority was passed.

By DeKalb Delegation-
House Bill No. 954. A bill to amend Act creating new charter for Decatur.
The report o.f 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.

MoNDAY, AuausT 14, 1.922.

903

The bill having received the requisite constitutional majority was .passed.

By Bibb Delegation-
House Bill No. 843. A bill to permit the County of Bibb to support the Macon Hospital.
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 DeKalb Delegation-
House Bill No. 968. A bill to create City Court of Decatur.
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. Rountree-
Senate Bill No. 322. A bill to incorporate the Tom School District in Emanuel and Johnson Counties.
The report of the committee, which was favorable to the passage of t~e bill, was agreed to.

904

JouRXAL oF THE SENATE,

On the passage of the bill the Ayes were 31, Nays 0.

The bill having received the requisite constitutional majority was passed.

By .Mr. Manson-
Senate Bill No. 306. A bill to establish kindergartens in public schools of this State.
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 receiYed the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration.

B) ~Ir. Ellis and others-
Senate Bill No. 257. A bill to promote Forestry interests in the State of Georgia.
:Jir. Ellis offered the following amendment:
"Amend Sec. 5, Subsection (1) Paragraph (a) by inserting after the word 'forester' and before the word 'who' in the second line thereof the following
. words 'for a term of 4 years and until his successor
is appointed and qualified ~nd '. ''
The amendment was adopted.

~loNDAY, AuGUST 14, 1922.

905

On the passage of the bill Mr. Thomas 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 iu the affirmative were Messrs:

Bellah, ,J. M. Bond, Chas. N. Campbell, R. W. Childs, E. \V. Collum, J. l\I. Cone, Howell Colson, D. C. Daddson, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0.

Foy, .John E. Haralson, Pat Hoilingsworth, Hutchens, H. l'. .Johns, G. A. .Jones, J ohn H. Jones, 0. K. Kimzey, Sam :Manson, Frank C. Palmour, J. E. Peacock, C. H.

Pope, David F. Richards, Will Rountree, .T. L. ~heffield, R. H. Snow, Russell E. Tarpley, R. 0 . Taylor, Geo. W. Thorpe, E. :M. Wall, Dan \Yoover, J. D. \\'illiams, Wiley

Those voting in the negative were l\Iessrs:

Brown, L. C. Da,id, A. B. Golucke, Alvin G.

Lassiter, W. H. Thomas, James R. \\"alker, B. F.

Womble, M.D.

Those not Yoting were :Messrs:

Akin, L. R. Boykin, .James H. Holmes, R. H. Hunt, T. M.

Jackson, J. B. }Iills, J. H. Nix, 0. A. Ridley, Dr., C. L.

Sto,all, E. B. \Vohlwender, Ed. }Ir. President

Ayes 33, Kays 7.

On the passage of the bill the a.ves were 33, the :.Jays were 7.

The bill having received the requisite constitutional majority was passed.
l\Ir. Thomas gave notice that at the proper time he

90~

JouRKALOF THE SENATE,

would move that the Senate reconsider its action in passing the bill.

The following bill was read the third time and taken up for consideration:

B:r :Messrs. Ellis et al.Senate Bill No. 254. A bill to amend constitution
so as to permit the issuance and sale of Highway Bonds.
The Committee offered the following substitute:
Bubstitute for Senate Bill No. :254.

CONSTITUTIONAL AMENDMENT.
A BILL
To be entitled an Act to amend Article 7, of the Constitution of the State of Georgia by adding thereto Section 18 so as to permit the issuance and sale of Highway Bonds; to limit the amount of such bonds; to provide at expense of the State, a system of State Aid Roads, built, improved, or paved under the direction and supervision of the State Highway Department; to impose a tax on motor Yehicles and on the sale of motor fuels to be applied to the payment of principal and interest thereof; to apply any tax on lubricating oils to the payment of principal and interest thereof; to provide for the levy of taxes to 11ay the principal and interest thereof; to provide for the creation of a Bond Commission; to exempt such bonds from taxation; and for other purposes.

l\loNDA.Y, AuGUST 14, 1922.

907

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 Article 7, of the Constitution of the State of Georgia relating to Finance, Taxation, and Public Debt be amended by adding thereto another section to be known as Section 18 and to provide as follows:
Paragraph 1. For the purposes set out in Paragraph 5 hereof and in the manner nnd subject to the limitations set out in this Section, there may be incurred an indebtedness and there may be issued and sold interest bearing negotiable bonds of the State of Georgia, as evidence thereof, to he known as Highway Bonds.
Paragraph 2. During the calendar years 19:2;i, 1924 and 1925 the Bond Commission shall han the power to issue and sell bonds in an amount not to exceed the principal sum of Three :Million Dollars each year, provided that no honds shall be issuC'd or sold in 1924 or 1925 under this paragraph unl0ss ninety per centum of that portion of the procc0ds from the motor vehicle license tax, the motor fuel tax and any lubricating oils tax for the ~-ear preceding the authorization of such additional bonds which stands appropriated by Paragraph 3 of this Section to the payment of the principal and interest of the bonds, exceeds the sum of the annual interest on tl1c outstanding bonds and on the aclditional bonds proposed to be issued in such year and of the prescrihecl annual payment on the principal of all such bonds. Any written :finding of the Bond Commission on the

908

.Jot:RKAL ov THE SE)I~TE,

application of this limitation shall he binding and conclusive on the State of Georgia.
Paragraph :-3. There are hereby imposed, without legislative action, license fees for the operation of all motor vehicles and motorcycles which ma) be used on the public highways and which are subject to be taxe(l h~' the State, equal i11 amount to tlw presPnt fees and taxes thereon. An~ occupation or license taxes on the distributors or dealers of motor lubricating oils which ma) at an~ time be imposed b~ tlte Genernl Assembl~- shall not thereafter he decreased until all the bonds herein authorized or proYidecl for shall haYe been paid off and retired. Th(' proceeds of such fees for the operation of motor ,chicks and motorc_,cles, and the proceeds of any such taxes Oil the distributors or dealers of motor lubricating oils collected after the ~ear 1922, less the cost of collection, the cost of maintenance of thP :-;tate .\id Roads and the cost of maintaining <:111(1 operating any State Highway Department authorized h) law, shall so long as any bonds herein authorized or Jll"OYidecl for are unpaid, be and stand appropriated, without legislative action, first for and to the payment of the interest and principal of the bonds, so mueh of the proceeds so appropriated as are not required in an) year to pay the interest and the annual payments on the principal shall stand appropriate<l and be paid over as a part of the State :\id Roads Fun<l, to be disbursed for road construction as ma) be prmided b) law.

Paragraph 4. All bonds issued or sold under this

MoNDAY, AuousT 14, 1922.

909

Section shall be either .Annuit'y Bonds or Serial Bonds, and they shall mature not later than ten year!? from the date of issue. Each series of serial bond" shall provide for the payment of equal annual installments of the principal and each series of anl!Uit~ bonds shall proYide for the pa~ment of equal minual installments of the principal and interest and in either case, such payment shall begin the year after the issuance of any bonds. They shall hear intcrestpa~able semi-aHnuall~ at a rate or rates not exceeding four and one half per centum per anntml, and they shall not he issued or sold for less than par and interest accrued at date of issue.

Paragraph 5. The purpose for which such indebtedness may be incurred, such bonds issued an<l sold, and the proceeds tlwreof used, shall be building, improYing, and paYing the State Ai<l Roads, either direct!~ b~ the State or through contract, under the direction and supervision of the State Hig-hwa~ Depa rtment.

Paragraph (i. The honds, when issued, shall be dired obligations of thP State, and for the prompt and faithful pa~ment of the principal and interest thereon, tlw full faith and credit of the State are hereh~ irrevocably pledged. The bonds after maturit~, shall he receivable in payment of all taxes, debts, dues, license fees, and demand of any kind whatsoeYt>r ilue to the State of Georgia.

Paragraph 7. The State Aid Roads shall include the system of State Aid Roads ns now or ma~' here-

910

JouRNAL OF THE SENATE,

after be provided by law, together with the bridges thereon. But iuuo case shall the mileage of the State Aid Roads exceed seven per centum of the total highway or public road mileage of such State as shown by the records of the State Highway Department.
Paragraph 8. The bonds herein authorized or provided for shall be issued by the Bond Commission in the manner that may be prescribed by law. The Bond Commission shall consist of the Governor, the Secretary of State and the Treasurer of the State. The General Assembly shall have the power, by appropriate legislation passed either before or after the ratification of this Section, to prescribe how the purpose of this Section when ratified shall be carried out.
Paragraph 9. All bonds, whether coupon or registered, and the interest thereon, issued under the provision of this Act, shall be exempt from all taxation by or under authority of the United States or of this State, or any municipality, county or other subdivision thereof.
Paragraph 10. Any provisions of the Constitution of the State of Georgia inconsistent with the provisions of this Section are hereby repealed, but only so far as they prohibit or limit the power of the General Assembly to enact laws authorizing or permitting the doing of the things hereinbefore authorized or directed.
Sec. 2. Be it further enacted, That when this proposed amendment to the Constitution shall .be agreed to by two-thirds of the members elected to

MoNDAY, AuGusT 14, 1922.

911

each of the Houses of the General Assembly of the State of Georgia, the proposed amendment shall be entered on the Journal of each House, with the yeas and nays taken thereon; and the Governor shall, and he is hereby authorized and directed to cause the said proposed amendment to be published in one or more of the newspapers in each Congressional District in this ~tate for at least two months immediatel~ preceding: the time of holding the next general election to be held on Tuesday after the first :Monday in Xovemher of the ~ear Hl22.
~ec. 3. Be it further enacted, That at the said next general election the above proposed amendment shall be submitted for ratification or rejection to the people of this State, at which election every person shall be qualified to vote thereon who is qualified to vote for inembers of the General Assembly. All persons ''oting in said election in f11vor of adopting the proposed amendment to the Constitution shall have written or. printed on their ballots the words: ''For ratification of the amendment to Article 7 of the Constitution of tlw Htate hy addi11g Section 18 thereto, so as to permit the issuance and sale of Highway Bonds; to limit the amount of such bonds; to provide, at the expense of the State, a system of State Aid Roads, built, improved or paved under the direction and supervision of the State Highway Department; to impose a tax on motor vehicles and on the sale of motor fuels to be applied to the payment of principal and interest thereof; to apply any tax on lubricating oils to the payment of principal and interest thereof; to provide for the levy of taxes to pay

912

JouRNAL OF THE SENATE,

the principal and interest thereof; to provide for the creation of a Bond Commission; to exempt such bonds from taxation; and for other purposes.'' And all persons voting at said election opposed to the adoption of said proposed amendment shall have written or printed on their ballots the words ''Against ratification of the amendment to Article 7 of the Constitution of the State of Georgia by adding Section 18 thereto, so as to permit the issuance and sale of Highway Bonds; to limit the amount of such bonds; to provide, at the expense of the State, a system of State Aid Roads built, improved, or paved, under the direction and supervision of the State Highway Department; to impose a tax on motor vehicles and on the sale of motor fuels to be applied to the payment of principal and interest thereof; to apply any tax on lubricating oils to the payment of principal and interest thereof; to provide for the levy of taxes to pay the principal an<l interest thereof; to provide for the creation of a Bon~l Commission; to exempt such bonds from taxation; and for other purposes.''
Sec. 4. He it further enacted, That th~ Go,ernor shall and he is hereby authorized and directed to provide for the submission of this proposed amendment at said next general election as required by the Constitution of this State in Paragraph 1 of Section 1 of Article 13, and by this Act. The votes cast at said election shall be counted, returned and consolidated and the result ascertained~ as now required by law in elections for members of the General Assembly. And if the people shall ratify the proposed

MoNDAY, AuGusT 14, 1922.

913

amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, the amendment shall become a part of the Constitution and the Governor shall declare the amendment ratified and issue his proclamation of the result of said election in the manner provided by law.

Sec. 5. Be it further enacted that all laws and parts of la\YS in conflict with this Act be, and the same are hereby repealed.

Mr. Walker and Mr. Golucke offered the following amendments to substitute:

1. By adding after word ''Bonds'' and before word ''to'' in line 3 of caption the following words ''and bonds for the support and care of the Confederate Soldiers of the State."

2. By adding the following at the end of paragraph one" and Confederate Pension Bonds."

3. By striking the word "three" and substituting in lieu thereof of word "six "-this in line three (3) of 'paragraph.

4. By adding just after the word ''incurred'' and before word" such" in lin~ 5 of par. 5, the following ',one half of the proceeds of the sale of such bonds.''

5. By adding after words ''Highway'' the following ''Confederate Soldiers pensions'' and this whenever said word "Highway" may appear in Sec 3 of paragiaph ten.

914

JouRNAL oF THE SENATE,

Mr. Cone made the point of order that the amendments were out of order as the Highway Bond issue is an amendment to the Constitution and that including the Confederate pension question, it was unconstitutional, as only one amendment to the Constitution can be proposed in any one Act of the General Assembly.

The Chair sustained the point of order.

Mr. Walker appealed from the decision of the C'hair.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

BeJlah, J. M. Bond, Chas. N. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. David, A. B. Davidson, J. E. Ellis, R. C.

}'leming, Denis
Fleming, "' 0. Foy, John E. Haralson, Pat Holmes, R. H. Hut!'llens, H. C. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. J{. :\'[anson, Frank C. Palmom, J. E.

Pope, David F. Richards, Will Rountree, J. L. Sheffield, R. H. Snow, Russell E. Tarpley, R. 0. Thomas, James R Thorpe, E. i\I. Wall Dan
\Veaver, J. D:
\\"illiams, Wiley

Those voting in the n~gatiYe were Messrs:

Akin, L. R.
Boykin, James H. Golucke, Alvin G. Hollingsworth, J. C. .Jackson, J. B.

.Johns, G. A. Jones, John H. Nix, 0. A: Peacock, C. H. Stovall, E. B.

Taylor, Geo. W . Walker, B. F. Wohlwender, Ed. Womble, M. D.

Those not voting were Messrs:

Hunt, T. M. Mills, J. H.

Hidley, Dr. C. L. Mr. P1esident

MoNDAY, AuGUST 14, 1922.

915

Ayes 33, Nays 14.
On the appeal the Ayes were 33, the Nays were 14, and the ruling of the chair was sustained.
Mr. Walker moved that the Senate do now adjourn and the motion prevailed.

The President announced the Senate adjourned till 3 P. M. today.

AETERNOON SESSION'
3 P.M.
The Senate reconvened at this hour and was called to order by the President.
Under the head of unfinished business the following bill was taken up for consideration:
By Mr. Ellis et al.-
Senate Bill No. 254. A bill to amend Constitution relative to issuance and sale of Highway Bonds.
Mr. Walker offered the following amendment:
By adding new Section to beknown as Section four as follows: "Be it further enacted and provided, That the Bonds so issued for highway purposes and all interest that may accrue thereon shall be paid entirely from taxes on automobiles, gasoline and all motor fuels, and no other nor no other funds that come into the State Treasury, nor no other property or resources of the State shall ever be subject to the

916

.JouRXAL OF THE SENATE,

payment of said roads or highwa~' bonds or the mterest thereon.''

l\Ir. Vvalker called for the A~es and N H)'S and the call was sustained.
'rhe roll call was ordered and the vote was ar,; follows:

Those Yoting itt the affirmative were Messrs:

Akin, L. R. Bond, Chas. N. Boykin, James H. Collum, J. ~I. Fleming, Denis Golucke, Alvin G. Hollingsworth, J. C.

.Jaekson, J. B. ,Johns, G. A. .Jones, Jo]lll H. Lassiter, \V. H. l'almour, J. E. Peacock, C. H. Taylor, Geo. W.

Thomas, James H. "'alkl'l', B. F. Williams, \Yiley \Vohlwendcr, Ed. \Yomble, ~l. D.

'rhose \oting in tlw negative were Messrs:

Bellah, ,J. l\f. Brown, L. C. Campbell, R. W. Childs, E. \Y. Cone, Howell Colson, D. C. Da ,id, A. B. DaYidson, J. E. Ellis, R. C. Fleming, W. 0.

Fo.' John E. Haralson, Pat Holmes, R. H. liutehin;;, H. C. .JonPs, 0. K. Kimzey, Sam Manson, Frank C. Pope, Da,id F. Richards, Will Hidhy, Dr., C. 'L.
0

Those not voting were ~Iessrs:

Hountree, J. L. Nheti'ield, R Il. :Snow, Russell E. :-ltoYall, E. B. Tarpley, R 0. Thorpe, E. ~f. Wall, Dan \\'!ea\'lr, J. D.

Hunt, T. M. .:\Iills, J. H.

Xix, 0. A. Mr. President

Ayes 19, Nays 28.

Ou the adoption of the amendment the Ayes were 19 the nays were 28, and the amendment was lost.

MoNDAY, AuGusT 14, 1922.

917

~Ir. Jones of 37th offered the following amendment:

Amend by adding in line 4, paragraph 3, Section 1, the following words ''and also occupation taxes on the distributors of gasoline and other fuels," and adding in line 14, same paragraph the following 'vords ''together with all the proceeds of such taxes on the distributors of gasoline and other motor fuels after the ~'ear 1926, less the cost of collection.''

'fhe amendment was adopted.

Mr. \Vea,er called for the previous question and the call was sustained.

The report of the committee, which was favorable to the passage of the bill by substitute was agreed to.

The main question was ordered.

The bill being an amendment to the constitution the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Akin, L. R. Bellah, J. l\1. Brown, L. C. Campbell, R. W. Childs, E. W. Colson, D. C. David, A. B. DaYidson, J. E. Ellb, R. C. Fleming, Denis

:Foy, John E. Haralson, Pat Holmes, R. H. Hutchens, H. C. Jones, John H. Jones, 0. K. of 6th ~ranson, Frank C. Palmour, J. E. Pope, David F. Richards, Will

Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. StO\all, E. B. Tarpley, R. 0. Thorpe, E. l\L Wall Dan Weaver, J. D. 'Vohlwender, Ed.

918

JouRNAL OF THE SENATE,

Those voting in the negative were Messrs:

Bond, Chas. N. :Boykin, James H. Collum, J. M. Cone, Howell Fleming, W. 0. Golucke, Alvin G.

Hollingsworth, J. C. Johns, G. A. Kimzey, Sam Lassiter, W. H. Peacock, C. H. Taylor, Geo. W.

Thomas, James R. Walker, B. F. Williams, Wiley Womble, M:. D.

Those not voting were Messrs :

Hunt, T. M. .Jackson, J. B.

Mills, J. H. Nix, 0. A.

Mr. President

Ayes 30, Nays 16.

On the passage of the bill Ayes were 30, Nays 16.

The bill having failed to receive the requisite twothirds majority was declared lost.

Mr. Campbell gave notice that at the proper time he would move that the Senate reconsider its action in defeating the bill.

Mr. Thomas moved that when the Senate adjourn this afternoon it stand adjourned till tonight at 8 o'clock and continue to have night session during the balance of the Session unless otherwise ordered b~ the Senate, and the motion prevailed.

The following resolution was read and adopted:

By Senator Thomas of the Third-
Senate Resolution No. 111. Be it resolved by the Senate, That we extend our thanks to the City of .Brunswick and her people for the hospitable treatment accorded us on our recent visit there, and for the opportunity afforded us of viewing the magnifi-

Mo~DAY, AuGusT 14, 1922.

919

c

cent harbor of this splendid port and its large industrial enterprises. We are impressed with the wonderful asset the State of Georgia has in this port, and believe careful consideration should be given it in the selection of the proposed State port.

:Jfr. Childs, Chairman of the Committee on Education, submitted the following report:

.Mr. President:

Your Committee on Education has had under considerfation 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 sHme do pass, to-w-it:

Senate Bill No. 306.

CHILDs, Chairman.

The following message was received from the 'House through ~Ir. l\foore, the Clerk thereof:

Jir. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 936. A bill to grant to certain municipal corporations the power to hold Recorders' Court in absence of the Recorder by permitting the Recorder pro tem. elected by Resolution, to preside.
House Bill No. 767. A bill to provide for giving

920

JouRNAL OF THE SENATE,
~,

uotice to persons whose name is sought to oc used iu the corporate name of corporation.

The following bills were read first time and referred to committees:

By l\Iuscogee DelegationHouse Bill Ko. 936. A bill to allow certain Muni-
cipal corporations to select a mayor pro tem.
Referred to Committee on Corporations.

By l\Ir. Trippe of Bartow-
House Bill 1\o. 767. A bill to provide for giving notice to persons and corporations whose names arc sought to be used as a corporation.
Referred to Committee on Corporations.
The hour of adjournment having arrived the President, under a previously adopted motion, an- nounccd the Senate adjourned till 9 o'clock tonight.

XIGHT SESSIOK,
8 P. l\L
The Senate rec01wened at this hour and was called to order by the President.
Upou the call of the roll the foilowing Senators answered to their names:

MoxDAY, AuGUS'J' 14, 1922.

921

Colson, D. C. David, A. B. Fleming, W. 0. Foy, John E. Hunt, T. :1\I. Hutchens, H. C.

Jackson,.J. B. Jones, John H. :\Ianson, Frank C. Nix, 0. A. Rountree, J. L. Snow, Russell E.

Stovall, E. B. Thorpe, E. l\1. \Veaver, J. D. Williams, Wiley \Yohlwender, Ed.

Those absent 'lvere:

.-\kin, L. R. Bellal1, J. M. Bond, Chas. N. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. liI. Cone, Howell Davidson, J. E. Elli~, R. C. Fleming, Denis

Golucke, Ahin G. Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Johns, G. A. Jones, 0. K. of 6th Kimzey, Sam Lassiter, 'IV. H. :1\Iills, J. H. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr., C. L. Sheffield, R. H. Tarpley, R. 0. Taylor, Geo. \V. Thomas, James R. Walker, B. F. Wall Dan Womble, :1\I. D. Mr. President

The Secretary announced a quorum present.

~Jr. Palmour, Chairman of the Committee on PriYileges of the :B1loor, submitted the following report:

Jl r. President:
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 recomme]}(lation that the same do pass, to-wit:
B~ Mr. Bond and 1\Jr. Boykin-
Resolved that the privileges of the floor be ex- ~ 1r>ndecl to Hon. J. C. Sipple of Savannah for 3 clays.

922

JOURNAL OF THE SENATE,

By Mr. Taylor-

Resolved that the privileges of the floor be extended to Ron. Fred G. Warde of Brunswick for 2 <lays.

J. E. PALMOuR, Chairman.

The repo~t of the committee was adopted.
)fr. Ellis moved that Senatp Bill No. 256 be tabled and the motion prevailed:
The following bill was read the third tinw and taken up for consideration:

By 1\lr. Clay of 39th-

Senate Bill Ko. 247. A bill to regulate the use of .:\Iotor Vehicles and Motor Cycles upon the public ~heets and highways of this State.

The Committee offered the following amendment:

Amend by striking the words ''or standing in a public'' in line one of paragraph 2 of Sec. 1, and sub::;tituting in lieu thereof the words "or any."

Also hy striking words ''a half'' line 2 of said Section 1 and Paragraph and substituting in lieu thereof the word ''one'' wherever said word occurs in said line.

The amendment was adopted.

~:

The report of the committee, which was favorable

to the passage of the bill as amended, was agreed to.

MoNDAY, AuGusT 14, 1922.

923

On the passage of the bill the Ayes were 32 the Nays were 1.
The bill having received the requisite constitutional majority was passed.
The following resolution was read and unanimously adopted.

By Mr. Walker of 18th-
TVhereas the Senate has just learned of the death of Hon. Robert Merritt of Sparta, Ga., who is the nephew of Senator Thos. Hunt of the 20th District, and which causes the absence of Senator Hunt,
Therefore be d resolved, by the Senate that we extend to Senator Hunt and all the family our deep sympathy in these their sad hours of bereavement.
I\Ir. Palmour, Chairman of the Committee on Privileges of the Floor, submitted the following report:
iVI1. President :
Your Committee on the Privileges 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 recommendation that the same do pass, to-wit:

By Messrs. Bond and Taylor-
A resolution extending the privileges of the floor to Hon. J. B. Davenport of Brunswick for 2 days.
J. E. PALMOUR, Chairman.

924:

J O"GRNAL OF THE SENATE,

The report of committee was adopted.

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

ill r. President:
The House has concurred iu the Senate anwndmeut to the following bill of the House, to-wit:
House Bill ~ o. 260. A bill to change the name of the Railroad Commission to the Georgia Public SerYice Commission, and for other purposes.
The following message was received from tlw House through l\Ir. Moore, the Clerk thereof:

Jllr. Presideut:
The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
House Resolution Xo. 86. A resolution to relieYe certain bondsmen of one V!l. K. Brook.
The following message was received from the House through l\fr. Moore, the Clerk thereof:
Jfr. President:
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 579. A bill to supply a de:ficieuc~ in the school fund caused by the misappropriation of R. N. Berrien.

:MoxnAY, AuausT 14, 1922.

925

The following message was received from the House through 1\Ir. Moore, the Clerk thereof:

Mr. President :
'rhe House has passed by the requisite constitutional majority the following resolution of the House, to-wit:
House Resolution N"o. 129. (606B). A resolution to pay the old class pensions $226,700.00 for 1922, and the new class pensions $975,000.00 for 1922.
The following message was received from the House through :Jir. :Jioore, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following resolution of the House, to-,\rit:
Hom,e Resolution No. 167. A resolution to relieve the surety on the bond of J. B. Hall, Tax Collector of Emanuel County, of certain penalties.
The following message was received from the House through 1\Ir. Moore, the Clerk thereof:

:.11r. President :
The House has passed by the requisite constitutional majority the following bills of the House, towit:
House Bill No. 210. A bill to amend an Act entitled ''An Act to reorganize and reconstitute the

926

JOUR:KAL OF THE SENATE,

State Highway Department of Georgia, etc., and for other purposes.

The following bills were read first time and referred to committee:

By Messrs. DuBose and Dudley of Clark et al.-
House Bill No. 1579. A bill to supply a deficiency in the school fund caused by the misappropriation of H. M. Berrien.
Referred to the Committee on Appropriation and Finance.

By Mr. Henderson of white-
House Resolution No. 129. A resolution to pay old class pensioners and new class pensioners for 1922.
Referred to the Committee on Appropriations and Finance.
The folloWing House Bill was read first time and referred to committee:

B~, :Mr. Smith of J\feriwether-
House Bill Xo. 210. A bill to amend Act reorganizing State Highway Department.
Referred to the Committee on Public Roads.
The following bill was read the third time a11d taken up for consideration:

MoNDAY, AuGusT 14, 1922.

927

By Mr. Thomas-

Senate Bill No. 208. A bill to establish Juvenile Courts in this State, to fix their jurisdiction, etc.
The committee offered the following substitute:

.A BILL
To be entitled an .Act to amend an .Act approved August 16, 1915, and-amended by an Act approved August 19, 1916, entitled, "An Act to establish junevile courts with jurisdiction to adjudicate upon all cases of children under sixteen years of age who are delinquent, neglected, or otherwise subject to the discipline or in need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers and compensation of the judge, the probation officer, and other officers of the court; to punish any adult who may encourage and cause, abet or connive at such state of delinquency or neglect, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act entitled" An Act to establish junevile courts with jurisdiction to adjudicate upon all caseR of children under sixteen years of age who are delinquent, neglected, or otherwise subjected to the discipline, or in need of the care and proiection

928

JocRXAL oF THE SENATE,

of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers, and compensation of the judge, the probation officer, and the other officers of the court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect, and for other purposes,'' approved August 16, 1915, <lnd amended by an Act approved August Hl, 1916, he, and the same is, hereb~~ amended as follo\\~s:
Section 1. By adding at the end of Section 7 of said Act the following words, ''Any person who knowingly or wilful]~~ disregards or fails to obey any lawful order made by the judge of said court under the provisions of this Act shall be guilty of contempt of court. The power and authority of said court, to punish as for a contempt, shall not exceed a fine of $100.00 or imprisonment for 20 cla~s in jail, either or both in the discretion of the eourt, so that said Section 7, when amended, shall read as follows:

"Section 7. The summons shall be considered a mandate of the court and wilful failure to obey its requirements shall subject an~ person guilty thereof to liability for punishment as for a criminal contempt, without the intervention of a jury. Any person who knowingly or wilfully disregards or fails to obey any lawful order made by the j-udge of said court under the provisions of this Act shall be guilty of contempt of coqrt. The power and authority of said rourt, to

MoNDAY, AuausT 14, 1922.

929

punish as for a contempt, shall not excede a fine of or both in the discretion of the court.

Sec. 2. By adding at the end of Section 10 of $100.00 or imprisonment for 20 days in jail, either said Act the following words, '' vVhen jurisdiction has been obtained in the case of any child such jurisdiction shall continue for the purpose of this Act during the minority of said child,'' so that said Section 10, when amended, shall read as follows: ''It is the intention of this Act that in all proceedings coming under its provisions the court shall proceed upon the theory that said child is a ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the conditions disclosed in the case. When jurisdiction has been obtained in the case of any child such jurisdiction shall continue for the purpose of this Act during the minority of said child.''

Sec. 3. By striking from line five of Section 14 of said Act the words '' 17 or 18 years of age, acconling to sex'' and substituting in lieu thereof the words "16 )Tears of age," and further, by inserting between the word ''home'' and the word ''such' 'in the ninth line of said Section 14 the words, ''and \Yhere there is no detention home, to the Juvenile Judge . or probation officer," so that said Section 14, when amended, shall read as follows : ''Nothing in this Act contained shall be construed as forbidding the arrest, with or without warant,.of any child, as now or hereafter may be provided by law, or as forbidding the issuing of warrants by magistrates, as pro-
8ig. 30---..<;;t>nate .Journal.

930

JOURNAL OF THE SENATE,

vided by law. Whenever a child less than 16 years of age is brought before a magistrate, such magistrate shall transfer the case to the junevile court h~~ an order directing that said child shall be taken forthwith to the detention home, and where there is no detention home, to the Juvenile Judge or Probation Officer." Such magistrates may, however, hy order admit such child to bail, 0r release said child in the custody of some suitable person, to appear before said juvenile court at a time designated in the said order.

Sec. J. By adding at the end of Section 1~ of said Act the following words, ".Where there is no detention home the judge may arrange with individual families for the detention of children. ..All expenses of care and maintenance of wards of the court under detention or of securing attendance upon court of children, or persons responsible for or contributing to their neglect or delinquency, that ma~~ be incurred by order of the court in carrying out the provisions of this Act shall be a valid charge ~~gainst the county treasury, and shall be paid by the county treasurer when itemized and sworn to by the creditors or other person knowing the facts, and approved by the judge of the juvenile court," so that said Section 18, when amended, shall read as follows : ''Section 18. The judge of the juvenile court may arrange with an incorporated society or association maintaining a smtable place of detention tor children in the county, for the use thereof as a temporary detention home for children coming within the> pro-

MoNDAY, AuGUST 14, 1922.

931

VISIOns of this Act and may enter an order which shall be effectual for that purpose; and a reasonable sum shall be appropriated by the county commissioners or the authority having control of county matters for the expenses incurred by said society or association for the care of such children. If, however, the judge of the junevile court shall certify that a suitable arangement for such use cannot be made or continued, the county commissioners, or the authority having control of county affairs shall establish, equip and maintain a home for the temporary detention of such children separated entirel.' from any place of confinement of adults, to be called ''The Detention Home,'' which shall be conducted ng an Agency of the Juvenile court for the purpose of this Act, and so far as possible, shall be furnished and carried on as a family home and school in charge of a superintendent and a matron who shall reside therein. \Vhere there is no detention home the judge may arrange with individual families for the detention of children. All expenses of care and maintenance of wards of the court under detention or of securing attendance upon court of children, or persons responsible for or contributing to thPir neglect or delinquency, that may be incurred by order of the court in carrying out the provisions of this Act shall be a valid charge against the county treasury, and shall be paid by the county treasurer when itemized and sworn to by the judge of the juvenile court.

Hec. 5. By striking from lines 16 and 17 of Sec-

932

JouRNAL m' THE SENATE,

tion 19 of said Act the words, ''coming within the provisions of this Act and,'' so that said Section 19 when amended, shall read as follows: ''The judge of the juvenile court shall have authority to appoint said superintendent, matron, and the other employees of said detention home in the same manner in which probation officers are appointed under this 'Act, their salaries to be fixed and paid in the same manner as the salaries of probation ocicers. The said judge may appoint as snell superintendent or matron one of the probation officers with or without additional salary. Suitable arrangements shall be made for the education of all children under detention, and to that end the judge of the junevile court is authorized and empowered to arrange with the board of education of the county or city in which such detention home is situated for the necessan teachers for said children. The necessary expenses incurred in maintaining said detention home shall be paid by the county. ln no case shall any child less than sixteen years of age be detained in or committed to a jail, common lock-up, or other place where said child can come into contact at any time, or in any manner with adults convicted or under arrest.''

Sec. 6. By adding at the end of Section 21 of said Act the following words, ''Any juvenile judge who receives a salary of $3,600.00 or more, shall devote his entire time to the work of the court, and shall engage in no other business or profession,'' so that said Section 21, when amended, shall read

MoNDAY, AuGusT 14, 1922.

938

as follows: "Section 21. The judge of the Superior Court of the county shall appoint the judge of said juvenile court for the term of six years, and shall :fL'\: the compensation. Any attorney at law who has practiced for three or more years shall be eligible to hold office as judge of said court, provided that among his qualifications he shall be interested in children and knowledge of the problems of social service, or philanthropy and of child life. Any juvenile judges who receives a salary of $3,600.00 more, shall devote his en~ire time to the work of the court, and shall engage in no other business or profession.''
Sec. 7. By striking from line -! of Section ~-! of said Act the word "court," and substituting in lieu thereof the words "State Board of Public "\Velfare, and further by adding at the end of said Section 24 of said Act the following words; ''Such probation officer may or may not be a resident of the county where employed. Any person who has successfully passed an examination shall be issued a certificate to this effect by the State Department of Public Welfare, which however, may be withdrawn at any time during the next succeeding two years upon failure of the holder to comply with the additional training and experience prescribed by the Board of Public Welfare. No person shall be eligible to hold office as a probation officer in this State who does not hold such certificate in good standing. "All appointments. of probation officers paid out of the funds of the county shall be made on the

934

J O"CRNAL OF THE SENATE,

basis of merit only, determined by a public competitive examination, held by three examiners appointed by the State Department of Public vVelfare. The examiners shall conduct the examination of all applicants and shall certify to the court for appointment to each position the names of the three highest (unless the number of applicants is less than three) from which appointment shall be made. Such probation officer may or may not be a resident of the county where employed. Any person who has successfully passed an examination shall be issued a certificate to this effect by the State Department of Public vVelfare, which, however, may be withdrawn at any time dudng the next succeeding two years upon failure of the holder to compl~ with the additional training and experience prescribed by the Board of Public \Velfare. Xo person shall he eligible to hold office as a probation officer in this State who does not hold such certificate in good standing.
Sec. 8. By adding at the end of Section 30 of said Act, the following words, ''But if the salary amounts to or exceeds $1,200.00 per annum the probation officer shall give full time to the work and shall engage in no other business or profession'' so that sa1d Section 30, when amended, shall read as follows : "Section 30. The probati on officer and the deputy prob~tion officers shall receive such salaries as may be prescribed by the court, but if the salary amounts to or exceeds $1,200.00 per anllUm the probation officer shall give full time to the work, and shall engage in no other business or profession.

MoNDAY, AuGusT 14, 1922.

935

Sec. 9. By inserting between the word "that" and the word ''all'' in line 19 of Section 37 of said Act the words "when demanded," and further by striking from said Section 37 the words following the word ''provided'' in the 22nd line of said Section 37 down to and including the word ''court'' in 28th line of said Section 37, and substituting in lieu thereof the words ''that when a warrant or indictment charges an adult with contributing to a child's ddinquency, dependency, or neglect the magistrate's court or the clerk of the Superior Court where it shall be tried as herein provided,'' and further by adding at the end of Section 37 of said Act the follmving words, ''The court may, in its discretion enll upon the city court solicitor, or the solicitor-general to assist the court in any proceeuings under this Act" so that said Section 37, when amended, shall read as follows; ''Whenever, in the course of any proceedings instituted under this Act, it shall appear to the said court that a parent, guardian, or person having the custody, control or supervision of any delinquent or neglected child, or an~~ other person, has knowingly or wilfully clone any act or acts to directly produce, promote or contribute to the conditions which render such a child delinquent or neglected, the court shall have jurisdiction in such matters, and shall cause such parent, guardian or other person as the case may be, to be brought before it, upon either a summons or warrant, for such order in the premises as the court may see fit to make. The court shall have full power to hear and determine said matter against such parent, guar-

936

Jot:RNAL oF THE SENATE,

dian or other person who may be punished as provided by law in cases of misdemeanor; provided that, when demanded all cases against adults shall be tried before a jury; as provided by the laws applicable to the constitutional city court of this State, provided also, that when a warrant or indictment charges an adult with contributing to a child's delinquency, dependency or neglect the magistrate's court, or the clerk of the Superior Court, shall immediately transfer the case, together with all papers and records to the juvenile court where it shall be tried as herein provided; proYided also, that facts proved against a child in establishing the child's delinquency, such as would constitute a crime if the child were not relieved by this article of criminal responsibility, shall be sufficient as a basis to enable other courts to prosecute adults as principals or accessories, as the case might be, provided that for the purpose of enf<;ncing its judgments the court may in its discretion continue the proceedings against such parent, guardian, or other person on probation. The court may further in its discretion as a part of the judgment, reqnire such persons to enter into a bond with or without surety in such sums as the court may direct, to comply with the orders of the court. The court may, in its discretion, call upon the city solicitor or the solicitor general to assist the court in any proceedings under this Act.
Sec. 10. By striking all of .Section 38 of said Act, and substituting therefor the following: ''Section 38. The Superior Court Judge shall appoint an

MoNDAY, .AuousT 14, 1922.

937

.Advisory Board for each county juvenile court, composed of not more than ten, not less than six of whom half shall be men and half women, who shall serve without salary or compensation of any kind, to be called the .Advisory Board of the Juvenile Court, to advise with the court upon all matters affecting the workings of this .Act, and to recommend to the court any and all needful measures for the purpose of carrying out the provisions of this Act. The membership of this Board shall be selected by the Superior Court Judge from a list of eligibles submitted to the Judge by the State Board of Public welfare. The terms of office of the members of said Advisory Board shall be so ordered by the Superior Court Judge that there shall not be more than two vacancies in the membership each year.
Sec. 11. By inserting in the eleventh line of Section 39 of said Act, between the word ''Act'' and the ~word "shall," the words, "including the regular legal fees, or salary fixed by the count~' authority, for services of sheriff or solicitor," so that the snid Section 39, when amended, shall read as follows: ''The court shall have the power to devise and puhlish rules and regulate the procedure for cases coming within the the provisions of this Act, and for the conduct of all probation and other officers of this court, and such rules shall be enforced and construed beneficially for the remedial purposes embraced therein. The court may deYise and cause to be printed for public use such forms for records and for various petitions, orders, processes, and other papers and reports connected with cases coming-

938

Jo-cRKAL OF THE SE~ATE,

within the provisions of this Act. All expenses incurred by the court in complying with the provisions of this Act, including the regular legal fees, or salary fixed by the county authority, for services of sheriff and solicitor, shall be paid out of county funds.''
Bee. 12. By striking from line 7 of Section -n
of the Act as amended and approved August HI, 1916, down to and including line 9 of said Section 41, the words ''This shall involve no additional expense, shall create no new court or judge but shall merely clothe an existing tribunal with additional powers,'' and substituting in lieu thereof the words ''Such judge may be paid for his services in addition to his other compensation, an~- sum which is agreed upon by the county commissioners, or other county authority controlling county funds. The judge of such court of record shall act as judge of the juvenile court of the county until the end of the term of his election to the judgeship of the eourt of record. He shall not have the right to refuse to serve as juvenile judge, but shall carry out tlw objects of this Act exactly as though they were the duties of the court of record,'' and further, by striking all of Section 41 following tile word "amended" in the thirty-eighth line of said Section down to and including the word "officer" in the forty-eighth line of said Section, so that the said Section 41, when amended,.shall read as follows: "Section 41. Be it further enacted b.v the authority aforesaid, that from and after the passage of this Act, in all counties having a population of less than sixty thousand

::\loNDAY, AuGusT 14, 1922.

939

(60,000) the judge of the Superior Court shall designate an existing court of record to act and be known as the juvenile court of said county. Such judge may be paid for his services in addition to his other compensation, any sum which is agreed upon by the county commissioners, or other county authority controlling county funds. The judge of such court or record shall act as judge of the juvenile court of the county until the end of the term of his election to the judgeship of the court of record. He shall carry out the objects of this Act exactly as though they were the duties of the court of record.
"(a) Nevertheless, in all counties having a population between thirty-five thousand and sixt~ thousand, upon the concurrent recommendation of two successive grand juries, the judge of the Superior Cowt shall appoint a properly qualified person, of high moral character and clean life, selected for his special fitness for work with delinquent aJ1ll neglected children, to be the judge of the juvenile court whereupon it shall be considered that a special junnilc court has been established in said county. The term of the judge so appointed under this section shall he for three (3) years, and the salary shall be fixed b~ the appointing judge with the approval of the county commissioners. Provided that where the establishment of the juvenile court has been recommended by a grand jur~' in any county of this State at the term of the Superior Court at which a grand jury was empaneled and sworn next preceeding August 14, 1915 (the elate when the Supreme Court held the juvenile court la-w then supposed to be of force to be

940

JOURNAL OF THE SENATE,

unconstitutional) a recommendation by the grand jury of the same county at the next term of the Superior Court at which a grand jury is empaneled and sworn, after the passage of the amendments to the Act of 1915 at the present session of the General Assembly, shall authorize the establishment of a juvenile court in all respects as though said court were recommended b.v two successive grand juries.

" (h) In either event, whether the court be designated or special, the powers, authority, jurisdiction and procedure of the same shall be those of the courts already established under the Act hereby amended. It is the purpose of this amendment to make State wide the benefits of the juvenile court and the provisions hereof shall he construed bene:ficiall~ towards that end.''
Sec. 13. By adding after Section 42 of said Act as amended and approved August 19, 1916, a section to be known as Section 43, and reading as follows, "Section 43. Upon the concurrent recommendation of the grand jury of two or more counties in any judicial circuit in this State there shall be established a Circuit Welfare Board consisting of one member of each county commission, one lay man and one lay women from each county recommending same, appointed by the Superior Court Judge from a list of eligibles submitted by the State Department of Public Welfare. The county commissioner shall serve during his term as county commissioner, while the lay men and lay women shall be appointed for terms of two and three years, respectively. They shall

MoNDAY, AuGusT 14, 1922.

941

sctTe without compensation, and shall supervise the work in the counties for the protection of delinquent, dependent and neg-lected children, assisting- in the org-anization of such work, both public and private, but with no authorit~~ which is already vested in county courts and commissioners, except as it may be leg-ally delegated by said courts and commissioners. The~, shall at their first meeting elect a chaimau, sccreta1~, aml treasurer. Minutes of .all meet~ ings shall be transcribed by the secretary and copies transmitted to the State Board of Public vVelfare. within six months after its appointment, and thereafter whenever vacancy makes it necessary, the Cir~ cuit \Velfare Board shall elect a circuit supervisor, who shall have successfull) passed the examination for Probation officer as prescribed b~ this Act, and shall fix the salary and supervise the work of said Circuit Supervisor. The State Department of Public Welfare shall prescribe the duties of all Circuit SuperYisors, by rules promulg-ated ad published, and shall have the right to require from said Supervisor such monthly reports and records as it may deem wise. 'l'he Circuit Supervisor may not be dis~ charg-ed except upon formal charg-es being filed and a fair hearing before the State Board of Public Welfare. The expense of salary and travelling of the Circuit Supervisor shall be ag-reed upon annually in a budg-et prepared b~, the Circuit vVelfare Board, and prorated by them on an equitable basis between the counties participating. The amount thus assig-ned to each county shall be paid by the county treasurer to the treasurer of the said Circuit vVelf~ue Board upon

942

JouRNAL OF THE SENATE,

the certified order of the Chairman and Secretary of said Board, and shall be expended by him as instructed by said board. The treasurer and the Circuit Supervisor shall make such bond and shall keep such records of financial transactions as prescribed by the State Board of Public Welfare. A county may withdraw from the Circuit Welfare Board upon two successive grand jury recommendations after five years from the time of entrance have elapsed.

Sec. 14. By adding after Section 43 created by this amendment a section to be known as Section 44, and reading as follows : Section 44. If any section, clause of section of this Act is declared unconstitutional or invalid, the remainder of the Act shall be valid notwithstanding.

Sec. 15. 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.

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 31, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
Mr. .Manson asked unanimous consent that Senate Biul No. 259 be taken up for consideration at this time.
Mr. Wohlwender objected.

MoNDAY, AuGUST 14, 1922.

943

l\lr. Ellis asked unanimous consent that Senate Bill xo. 180 be taken up for consideration at this time and the consent was granted.

B.' .:\Lr. Ellis-
Senate Bill No. 180. A bill to establish a college of Ag1:iculture and .Mechanic Arts as a branch of l'niYersity of Georgia.
The report of the committee, which was fcworable to the passage of the hill, was agreed to.
On the passage of the hill the Ayes were 33, the Xays were 1.
'l'l1e hill having: rcceind the requisite constitutiowll nwjorit~ was passed.
.:\lr. ('ampbell asked unanimous consent that Senate Bill No. 268 be taken up for consideration at this 1imc and thC' consent was granted.

By .:\lr. Campbell-
Senate Bill :No. 268. A bill to provide for examination of superintendent of Waterworks, etc., in Georgia.
Mr. Boykin moved that the bill be tabled and the motion prevailed.
~Ir. Boykin asked unanimous consent that Senate Bill No. 299 be taken up for consideration at this time and the consent was granted..

944

JouRNAL OF THE SENATE,

By Mr. Manson-
Senate Bill No. 299. A bill to amend Code providing for the appointment of guardians for minors and giving mother preference to appointment. Mr. Bellah called for the previous question.

Mr. Bellah asked unanimous consent that he be allowed to withdraw his call for the previous question and the consent was granted.

Mr. Rountree called for the previous question.

Mr. Thomas called for the Ayes and Nays.

Mr. Brown moved that the Senate do now adjourn and the motion was lost.

Mr. Thomas moved that the bill be tabled.

Mr. Manson called for the Ayes and Nays.

Mr. Thomas withdrew his motion to table.

Mr. Jones of 37th called for 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 26, the 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.

MoNDAY, AuGusT 14, 1922.

945

By Mr. Campbell-
Senate Bill No. 268. A bill to provide for the examination and licensing of superintendents and operators in charge of waterworks, water purification or treatment plants.
Mr. Wohlwender moved that the bill be tabled and the motion prevailed.
Mr. Bellah asked unanimous consent that Senate Bill No. 266 be taken up for consideration at this time.
Mr. Brown objected.
The following bill was read third time and taken up for consideration.

By Mr. Manson-
Senate Bill No. 259. A bill to vest in R. R. Commission power to regulate operation of motor vehicles.
The committee offered the following substitute:
A BILL
To be entitled An Act to provide for the regulation of motor bus truck and automobile lines operating over the public highways of this State and performing the duties of a Common Carrier; to provide authority for the Georgia Railroad Commission to regulate the same after due petition and .hearing; to preserve existing powers of the Railroad Commission, and for other purposes.

946

JouRXAL OF THE SENATE,

Section 1. Be it enacted by the Gene~'al Assembl~ of Georgia, and it is hereb~ enacted by the authorit~ of the same, That from and after the passage of this Act, whenever any motor bus, automobile or truck is being operated b~ any person, firm, or corporation, over the public highways of this State, in whole or in part, hauling either passengers or freight for hire, over a fixed route, and on regular schedules, performing the duties of a Common Carrier, and paralelling and competing with an existing operating Common Canier, it will be lawful for any person, firm or corporation to petition the Georgia Railroad Commission, setting out such fads aml asking that the operation of said motor bus, truck or automobile line he classified as a Common Carrier and subjected to such reasonable rules and regulations for the operation of the same, as lllcl~ be fixed b; said Commission. Upon such petition being filed with the Commission, a date for a hearing upon the same shall be fixed by the Commission and the opposite party notified and furnished a cop~ of said petition and a hearing be held on said matter at which all interested parties shall be heard under such rules and regulations as the Commission ma; fix. If after due and legal hearing, as aforesaid, if it shall he found and determined by the Commission that said motor bus, truck or automobile line is performing the services of a Common Carrier, then and in that event, the Georgia Railroad Commission shall assume jurisdiction of the operation of the same and shall prescribe rules and regulations for its operation together with rules and regulations as to routes,

:MoNDAY, AuGusT 14, 1922.

947

schedules, employees, continued or ceasing operations, safety precautions, and such other requirements as may be reasonable and proper; these powers shall include the powers to fLx reasonable and just rates and charges.
Sec. 2. If upon any hearing before the Commission under the provisions of this Act, it shall be shown to the Commission that the motor bus, truck or automobile lines sought to be operated, is being operated as a necessity or a convenience, and performing a service for the public which no other Common Carrier in the same territory is performing, or likely to perform, then and in that event, it shall be lawful for the Railroad Commission to decline jurisdiction.
Sec. 3. Trucks or automobiles devoted exclusively to the hauling of school children, and taxi cabs, trucks or automobiles used exclusiYely within a municipality or between a municipalty and an established surburban territory, motor vehicles making only transient or special trips, and motor trucks, automobil'es or motor buses touching an existing railroad line at not more than two points shall not come under the provisions of this Act.
Sec. 4. All right of proceeding through law or equity from the rulings of the Commission to the Courts is expressly reserved under this Act, as exists in other proceedings before the Railroad Commission.
Sec. 5. Nothing in this Act shall be construed as limiting or in any manner repealing any powers now

948

JouRNAL OF THE SENATE,

held or possessed by the Railroad Commission of Georgia, in reference to the regulation or control of motor vehicles in this State. If any section or part of sections of this Act shall be held invalid, such invalidity shall not effect the other provisions of this Act. Nothing in this Act shall be construed as changing or abridging an~ powers of municipalities, counties or State, in the regulation and control of motor Ychicl'es in this State.
Sec. 6. All laws or parts of laws in conflict with this Act are hereby repealed.
Mr. Hutchens moved that the bill be tabled and the motion prevailed.
:Jir. \Vohlweucler moved that the Senate do now adjourn and the motion prevailed.
The president announced the Senate adjourned. till tomorrow morning at 10 o'clock.

TuESDAY, AuGusT 15, 1922.

949

SENATE CHAMBER, ATLANTA, GA.

August 15, 1922.

The Senate met pursuant to adjournment at 9 o'clock today and was called to order by the President.
Prayer was offeretl by the Chaplain.
By unanimous consent the roll call was dispensed with .
.i\Ir. Foy, Chainnan of the Committee on Journals reported that the Journal of yesterday's proceedings had been examined and found correct.
Mr. Campbell gave notice that at the proper time he would move that the Seriate reconsider its action on yesterday in defeating Senate Bill No. 254.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Campbell moved that the Senate reconsider itl"l action on yesterday in defeating the following Senate Bill.
By Mr. Ellis, Foy et al.-
Senate Bill No. 2154. A bill to amend constitution so as to permit issuance and sale of highway bonds.
On the motion to reconsider Mr. Jones of 6th called for the Ayes and Nays and the call was sustained.

950

JouRNAL OF THE SENATE,

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. Campbell, R. W. Childs, E. W. Colson, D. C. DaYid, A. B. Davidson, J. E. Ellis, R. C.

Fleming, Denis Foy, John E. Haralson, Pat Holme~, R. H. Hutchens, H. C. Jones, John H. Jones, 0. K. of 6th ::\lanson, Frank C. Palmour, J. E.

Richards, Will Rountree, J. L. tlheffield, R. H. Snow, Russell E. Tarpley, R. 0. Wall Dan Weaver, J. D.

Those \oting in the negative were Messrs:

Bond, Chas. X.
Boykin, James H.
"'L Collum, J.
Cone, Howell
Golucke, Alvin G.

HollingswQrth, .John", G. A. Lassiter, W. H. Nix, 0. A. Peacock, C. H.

Taylor, Geo. W. Thomas, James R . Walker, B. F. Womble, M. D.

Those not voting were Messrs:

Fleming, W. 0.
Hunt, T. :u.
Jackson, J. B.
Kimzey, Sam

Mills, J. H. Pope, DaYid F. Ridley, Dr., C. L. StoYall, E. B.

Thorpe, E. M. William~, "Wiley 'Vohlwender, Ed. Mr. President

Ayes 25, Nays 14.

On the motion to reconsider the Ayes were 25, 1\ ays 14, and the motion prevailed.
The following resolution was read and adopted:

By l\Ir. Lasseter of the 14th-

Whereas the Senate has sought to be liberal with itR visitors and has shown them every courtesy, and

TuESDAY, AuGusT 15, 1922.

951

lVhP.reas the closing days of the General Assembly is so crowded with business that great confusion a.nses,
Therefore lPe -it Resolued by the Senate that all vi t:>itors be excluded from the floor' of the Senate Chamber for the remaining days of the Session, and that the Door-keeper be instructed to close the door and adhere strietl~ to this rule.
By unanimous consent the following bills were read second time and reeommitted:

By DuBot:>e and Dudley of Clarke-
House Bill No. 579. A bill to supply a defieiency in the sehool fund caused by misappropriation by R. X. Berrien, .Jr.

By Muscogee Delegation-
House Bill No. 936. A bill to empower certain municipal corporation to elect a mayor pro tern.

By )Ir. Trippe of Bartow-
House Bill No. 767. A bill to provide for giving notice to persons and corporations :whose names are sought to be used as a corporation.

By Mr. Henderson of vVhiteHouse Resolution X o. 129. A resolution to pay
old and new class pensioners certain sums for 1922.
By :Messrs. Boatwright and Bacon of EmanuelHouse Resolution No.167. A resolution to relieve

952

JOURNAL OF THE SENATE,

the surety on bond of J. B. Hall, Tax Collector of Emanuel County.

By Mr. Smith of Meriwether-
Hause Bill No. 210. A bill to amend Act to reorganize and reconstitute the State Highwa,\ Depa_rtmen t.
Mr. Clay moved that when the Senate adjourn at l o'clock today, it reconvene at 3 o'clock, stay in session till 6 :30 and adjourn till tomorrow morning at 9 o'clock and the motion prevailed.
l\Ir. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

.llr. 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. 690. Giving checks with intent to defraud.
GoLUCKE, Chairman.

Mr. Jones of the 37th, Chainnan of the Committee on Corporations, submitted the following report:
Mr. P,-.esident: Your Committee on Corporations has had under
consideration the following bills of the House and

TuESDAY, AuGusT 15, 1922.

953

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. 996. Respectfully submitted, JoNES of the 37th, Chairman.

Mr. Childs, Chairman of the Committee on Education, submitted the following report:

Mr. P'f'lesident:
Your Committee on Education has had under consideration the following resoluti'ons 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 Resolution No. 148.
CHILDS, Chairman.

~Ir. Jones of the 37th, Chairman of the Committee on Corporations, submitted the following report:

llf r. P11esident:
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:

954

JouRNAL oF THE SE~ATE,

House Bill No. 967. House Bill No. 930. House Bill No. 851. House Bill K o. 895. House Bill No. 956. House Bill No. 965. House Bill No. 973. House Bill No. 969. House Bill No. 959. House Bill No. 970. House Bill No. 984. House Bill No. 963.
Jo~Es of the 37th, Chairman.

)Ir. Golucke, Chairman of the CommittN' 011 Special ,Judiciary, submitted the following report:

Jlr. PI~Pside-nt:
Your Committee on Special Judiciary has had under consideration the following bills of the House awl 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. 674. Licenses to practice law.
House Bill K o. 999. City Court of Cairo.
GoLUCKE, Chairman.

Mr. Lassiter, Chairman of the Committee on General Judiciary No.1, submitted the following report:

TUESDAY, AUGUST 15, 1922.

955

:lt r. President:
Your Committe on General Judiciary No. 1 has had under consideration the following bills of the House and instructed me, as their Ghairman, to report the same back to the Senate, with the recommendation that the same do pass, to-wit:
House Bill No. 65.
LASSITER, Chairman.

:i\fr. Childs, Chairman of the Committee on Education, submitted the following report:
Mr. P11esident:
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 N'o. 791.
House Bill No. 931.
CHILDS, Chainuan.

Mr. "\Valker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the foilowing report :
Jlr. PN!sident:
Your Committee on Appropriations and Finance has had under consideration the following bills of the

956

JOURNAL OF THE SENATE,

House 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:
House Bill No. 626.
House Bill No. 233.
B. F. \VALKER, Chairman.

Mr. Walker of 18th, Chairman of the Committee on Appropriations and Finance, submitted the following- report :

Jfr. President:
Your Committee on Appropriations and ~,inance has had under consideration the following resolution of the House and instr\).cted me, as their Chairman, to report the same back to the Senate, with the . recommendation that the same do pass, to-wit:
House Resolution No. 160.
B. F. WALKER, Chairman.

l\Ir. Richards, Chairman of the Committee on County and County Matters, submitted the following report:
JJr. p,,esident:
Your Committee on Counties and County 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-wit:

TuESDAY, AuGusT 15, 1922.

957

House Bill No. 995. House Bill No. 882. House Bill ~o. 997. House Bill ~ o. 986. Do pass by substitute.

Respectfully submitted, RicHARDs, Chairman.

The following bills, favorably reported were read the second time :

By Fulton Delegation-
House Bill No. 895. A bill to amend charter of East Point.

By Mr. Stone of Jeff Davis-
House Bill No. 997. A bill to repeal Act creating a Board of Commissioners of Roads and Revenues for Jeff Davis County.

By Mr. Carswell of Wilkinson-
House Bill No. 690. A bill declaring it a misdemeanor to make, change or utter a check with intent to defraud.

By Chatham Delegation-
House Bill No. 956. A bill to amend .l~ ct granting corporate authority for Town of Tybee.

958

JouRNAL OF THE SENATE,

By Messrs. DeLaPerriere and Swindle of Jacks~n son-
House Bill No. 882. A bill to abolish offi.:ee .-,f County Treasurer of J ackson County.

By :Mr. Bradley of Glascock-
House Bill No. 995. A bill to repeal Act creating office of Commissioner of Roads and Revenues of Glascock County.

By 1\fr. Van Landingham of Seminole-
House Bill No. 970. A bill to amend Act creating new charter for Donaldsonville, Ga.

R~ l\Ir. Reagan of Henry-
House Bill .No. 626. A bill to amend Act .relative to paying of poll tax by women.

By .Mr. Hamilton of FloydHouse Bill No. 65. A bill relating to the placing
of children out b~ persons other than parents, etc.
By }fr. Ragan of HemyHouse Bill Ko. 959. A bill to provide a new Char-
ter for Locust Grove, Ga.

By M:r. Holloway of Fulton-
House Bill No. 851. A bill to allow certain counties to lease houses for fire protection of citizens.

TuESDAY, AuousT 15, 1922.

959

By :Mr. Beckham of Dougherty-
House Bill No. 674.. A bill to withdraw the privilege of admission to the Georgia Bar by diploma alone.

By Mr. Singletary of Grady-
House Bill No. 999. A bill to amend Act creating City Court of Cairo.

By Mr. :Mc~Iichael ofMario:1-

House Bill No. 938. A bill to amend Act establi8hing on'G or more consolidated public schools in each county.

By Mr. 'Macintyre of Thomas-
House Bill No. 973. A bill to repeal part of Act incorporating Town of Cooledge.

By Mr. VanZant of ::B,annin-
House Bill No. 965. A bill to amend Act incorporating Town of 1\fcCays,rille.

By Messrs Lewis and Clark of Colquitt-

House Bill No. 930. A bill to amend several Acts incorporating Town of Doerun.

By 1\lr. \V'ard of Twiggs-
Hause Biil No. 963. A bill to establish new charter for Town of Danville.

960

JouRNAL oF THE SENATE,

By Mr. McMichael of Marion et aL-
A bill to confer upon the several counties authority to levy taxes for educational purposes.

By Messrs. Gunnells of Franklin et al.-
House Bill No. 969. A bill to amend Act incorporating City of Canon.

By Mr. Quincey of Coffee-
House Bill No. 984. A b'ill to amend Act creating new charter for city of Douglas.

By Messrs. Brannen and Parrish of Btilloch-
House Resolution Xo. 148. A bill to authorize sale of certain lands o-..vned by State for benefit of First District A. & M. School.

B~ Mr. McClelland of DeKalb-
House Bill No. 996. A bill to amend Act creatilig ne\v charter f.or Decatur, Ga.
rhe following message was received from the House through l\Ir. Moore, the Clerk thereof:

Jlfr. P1:eside11t:
The House has passed by the requisite Constitutional majorit~- the following bills of the Senate, towit:
Senate Bill No. 320. A bill to amend the charter of the City of Crawfordville.

TuESDAY, AuausT 15, 1922.

961

Senate Bill No. 277. A bill to amend Section 1249 of the Code of 1910 relative to State Depositories so as to include the Town of Crawfordville, in Oglethorpe County.
The following message was received from the House through Mr. Moore, the Clerk thereof:

Mr. P11esident:
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
House Bill No. 1004. A bill to amend Section 755 of the Criminal Code of Georgia defining cruelty to animals and for other purposes.
House Bill No. 808. A bill to authorize the Treasurer of this State to pay to certain counties the.ir pro-rata share of funds due them from sale of the Governmental area of the National Forest Reservation.
House Bill No. 236. A bill to amend an Act regulating the practice of optometry.
The following message was received from the House through Mr. Moore, the Clerk thereof:

illr. PJ,esident :
The House has passed by the requisite Constitutional majority the following bills of the House, towit:
House Bill No. 1003. A bill to i.unend an Act en~
1-:!ig. 31-Senate Journal.

962

JOURNAL OF THE SENATE,

titled an Act to incorporate the Town of Carl in Barrow County under the name of the Town of Lawson.

House Bill No. 1001. A bill to amend an Act to reincorporate the Town of Abbeville, and for other purposes.

House Bill No. 1002. A bill to repeal an Act to establish a system of Public Schools for Sylvania School District.

House Bill No. 1000. A bill to reincorporate the Town of Abbeville, and for other purposes.
The following House bills were read first time and referred to committee:

By Mr. King of Wilcox-
House Bill No. 1000. A bill to reincorporate Town of Abbeville.

Referred to the Committee on Corporations.

By Mr. Howard and Mr. Evans of Screven-
House Bill No. 1002. A bill to repeal Act estab-
lishing system of public schools f,or Sylvania.
Referred to the Committee on Education.

By Mr. Russell of Barrow-
House Bill No. 1003. A bill to amend Act incorporating Town of Carl.
Referred to the Committee on Corporations.

XuESDAY, AuGUST 15, 1922.

963

By Messrs. Hamilton and Davis of FloydHouse Bill No. 236. A bill to amend Act regulat-
ing the practice of optometry in Ga.
Referred to the Committee on Special Judiciary.

By Mr. Jones of Walker-
House Bill No. 1004. A bill to amend criminal Code relative to definition of cruelty.
Referred to the Committee on Special Judiciary.

By Messrs. VanZant of Fannin, Bleckley of Rabun, et al.-
House Bill No. 808. A bill to authorize Treasurer of Ga. to pay share due certain counties from sale of area of National Forest Reservation.
Referred to the Committee on Special Judiciary.
The following bills were read the third time and put upon their passage:

By Mr. Davis of Oglethorpe-
House Bill No. 892. A 'bill to establish a State Depository in Crawford.
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.

964

JOURNAL OF THE SENA'fE,

By Mr. Boyett of Stewart-
House Bill No. 967. A bill to create new charter for City of Richland.
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 consti tutional majority was passed.

By Richmond Delegation-
House Bill No. 981. A bill to amend Act establishing fee system now existing in Superior Courts of Augusta 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 32, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Baldwin of Morgan-
House Bill No. 927. A bill to amend Act amending the new charter for the City of Madison.
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.

TuESDAY, AuGUST 15, 1922.

965

The bill having received the requisite oonstitu-

tional majority, was passed.

~.

By :M:r. Franks of Towns-
House Bill No. 750. A bill to prohibit the catching of fish in waters of Brastown.
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 :M:r. Miles of Candler-
House Bill No. 938. A bill to repeal Act incorporating Town of Olive.
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.

By Mr. Luke of Ben Hill-
House Bill No. 875. A bill to amend Act codifying school laws of Georgia relative to vocal music.
The report of the committee, which was favorable
to the passage of the bill, was agreed to.

966

JouRNAL OF THE SENATE,

On the passage of the bill the Ayes were 29, Nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Gunnels of Franklin and Mason of Hart-

House Bill No. 966. A bill to amend Act authorizing City of Canon to establish a system of public schools in said city.

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 c;x>nstitu:.. tional majority, was passed.

By Mr. Clifton of Lee-
. House Bill No. 972. A bill to amend Act creating a Board of Commissioners of Roads and Revenues for Lee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On tl,le passage of the. bill t'b,e Ayes were 31, Nays 0..
The bill having received the requisite constitutional majority was passed.

TuESDAY, AuGusT 15, 1922.

967

By Messrs. Haines and King of Jefferson-
House Bill No. 987. A bill to amend Act creating City Court of Louisville.
The report o.f 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 Chatham D~legation-
House Bill No. 900. A bill to provide for precinct voting in the County of Chatham.
The rep01;t of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were . 33, Nays 0.
The bill having received the requisite constitutional majority was passed.
The following general bills were read third time and taken up for consideration:

By Mr. Jones of Walker-
House Resolution No. 169. A resolution to take necessary steps to locate State line between Georgia and Tennessee.
The reptlrt of the committee, which was favorable to the passage of the bill, was agreed to.

968

JouRNAL OF THE SENATE,

On the passage of the bill the Ayes were 27, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Fulton Delegation-
House Bill No. 554. A bill to authorize and empower trustees of Ga. Tech to collect reasonable tuition.
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 3.
The bill having received the requisite constitutional majority was passed.

By Mr. Rutherford of Monroe-
House Bill No. 583. A bill providing for establishment of a school of Agriculture and Mechanic Arts in 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 27, Nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. DuBose of Clark-
. House Bill No. 561. A bill to amend Act Creating a Department of Insurance.

TuESDAY, AuausT 15, 1922.

969

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, Moore of Appling-
House Resolution No. 53. A resolution for,. relief of one Pe17y Hendrix.
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 Messrs. Huffstetter of Murray et al.-
House Bill No. 805. A bill to prohibit taking of fish from streams of Ga., with seine, gig, etc.
Committee offered following amendment.
Amend by stiiking the words ''for commercial purposes wherever same occurs.''
Amend further by adding ''the provisions of this bill shall not apply to counties having a population of less than 6,455 or more than 6,456: 11,709 nor more than 11,710."

970

JOURNAL OF THE SENATE,

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 27,
Nays~o.

The oill having received the requisite constitutional majority was passed as amended.

By ~r. ~anson--
Senate Resolution No. 107. A resolution to relieve P. P. Jackson as surety on bond of Price Hubbard.
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 ~r. Knight of Berrien--
. House Bill No. 630. A bill to provide for change of venue in investigation by Grand Juries when no qualified Grand Jury can be found in the county where the crime was committed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TuEsDAY, AuGusT 15, 1922.

971

On the passage of the bill the Ayes were 34, Nays 0.

The bill having received the requisite oonstitutional majority was passed.

By Messrs. Hamilton, Davis and Salmon of Floyd-
House Biil No. 467. A bill to authorize Insurance Commissioner to appoint an assistant fire inspector.
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. Goulcke-

Senate Bill No. 323. A bill to amend Act creating a Board of Commissioners of Roads, etc. for Warren and Taliaferro County.

The report o.f 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.
The following bill was read the third time and puf upon its passage;

972

JouRNAL OF THE SENATE,

By Mr. Horne of Dodge-
House Bill No. 745. A bill to amend several Acts for creation, etc. of the Confederate Soldiers Home of Georgia.
Mr. Manson offered the following amendment.
''By inserting in Section 1 of bill, in 8th line, after word :"Following" and before word "and" the following: ''and two women who are members of the Georgia Division of the Daughters of the Confederacy, to be selected from the State at large, and the Chairman of the Soldiers Home Committee of the Georgia Division of the Daughters of the Confederacy."
''By striking from Sec. 1 of bill, in 17th line ther~f after word ''of'' and before word ''Members'' the following word ''eleven'' and inserting in lieu therof word "fifteen."
By inserting in Section 1 of said bill, in the 18th line of same, after word ''fears'' and before word ''and'' the following ''and two women who are members of the Georgia Division of the Daughters of the Confederacy, to be selected from the State at large and the chairman of the Soldiers Home Committee of the Georgia Division of the Daughters of the Confederacy.
Also by amending the caption of .said bill, to conform to and to include the amendments herein provided.
The amendment was adopted.

TuESDAY, AuGusT 15, 1922.

973

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 constih<tional majority was passed as amended~
The following resolution was read third time and put upon its passage:

B~ :Mr. Culpepper of Fayette-
House Resolution No. 154. A resolution to make additional appropriation for interest on Public Debt.
The report of the committee, which was favorable to the passage of the resolution, 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. Bella.h, J. M. Boykin, James H. Campbell, R. W. Childs, E. W. Cone, Howell Colson, D. C. David, A. B. Fleming, W. 0. Foy, John E. Haralson, Pat Holmes, R. H.

Hunt, T. 1I. Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. of 6th Lassiter, W. H. }!anson, Frank C. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F. Ridley, Dr., C. L.

Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. 'arpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Wall Dan Williams, Wiley Wohlwender, Ed. Womble, M.D.

974

JOURNAL OF THE SENATE,

Thosenot voting were Messrs:

Bond, Chas. N. Brown, L. C. Collum, J. M. Davidson, J. E. Ellis, R. C.

Fleming, Penis Golucke, Alvin G. Hollingsworth, Hutchens, H. C. Kimzey, Sam

Ayes 36, Nays 0.

Mills, J. H. Richards, Will Walker, B. F. Weaver, J. D. M:r. Prllf!ident

On the passage of the resolution the Ayes were 36, the Nays were 0.

The ;resolution having received the requisite conRtitutional majority was passed.

The following bill was read thirdt ime and taken up for consideration.

By Mr. Hunter of Chatham-

House Bill No. 70. A bill to authorize common
wrriers of this State to sell articles of freight or bag-
gage which are unclaimed or refused.

Mr. Fleming of lOth moved that the bill be tabled.

Mr. Snow called for the Ayes and Nays and the motion prevailed.

The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Boykin, James H. Brown, L. C. Campbell, R. W. Colson, D. C. David, A. B. Davidson, J. E. F'leming, Denis

Jackson, J. B. Johns, G. A. Jones, 0. K. of 6th Nix, 0. A. Palmour, J. E. Peacock, C. H. Sheffield, R. H.

Taylor, Geo. W. Thomas, Jamllf! R. Wall Dan Williams, Wiley Wohlwender, Ed. Womble, l\I. D.

TuESDAY, AuGUST 15, 1922.

975

Those voting in the negative were Messrs:

Bellah, J. M. Childs, E. W. Cone, Howell Fleming, W. 0. Foy, John E.

Haralson, Pat Holmes, R. H. ,Jones, John H. .Manson, F1ank C. Pope, David F.

Ridley, Dr., C. L. Rountree, J. L. Snow, Russell E. Tarpley, R. 0 . l'horpe, E. M.

Those not voting were Messrs :

Akin, L. R. Bond, Chas. N. Collum, J. :M. Ellis, R. C. Golucke, Alvin G. HollingswortlJ, J. C.

Hunt, T. )f. Hutchens, H. C. Kimzey, Sam Lassiter, W. H. ::\1ills, J. H. Richards, Will

Stovall, E. B. Walker, B. F. Weaver, J. D. Mr. P1esident

Ayes 20, Nays 15.

On the motion to table the Ayes were 20, the Nays were 15 and the motion to table prevailed.
Mr. Wohlwender moved that the Senate do now adjourn and the motion prevailed.

The President announced the Senate adjorned till .3 P. M. today.

AFTERNOON SESSION,
3P.M.
The Senate met pursuant to adjournment at this hour and was called to order by the President.
Mr. Goluc.ke, Chairman of the Committee on Special Judiciary, su~mitted the following report:
111 r. P11esident: Your Committee on Special Judiciary has had

976

JOURNAL OF THE SENATE,

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. 675. Limit Hotel Keepers Liability.
GoLUCKE, Chairman.

Mr. W ohlwender of Muscogee County, Chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. P.,-.esident:
Your Committee on Constitutional Amendments have had under consideration the following House Bill No. 205, Known as Income Tax Bill and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
The following bill, favorably reported, was read the second time :

By Mr. Hamilton of Floyd-
House Bill No. 75. A bill to define liability of Hotel Keepers.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. P11esident: The House has passed by the requisite constitu-

TuEsDAY, AuGusT 15, 1922.

977

tional majority the following bills of the House, towit:
House Bill No. 651. A bill to appropriate to the Georgia Training School for Girls certain sums for maintenance, equipment, repair and for other purpose.
House Bill No. 204. A bill to appropriate the sum of $16,800 for the purpose of supplying a deficiency in the maintenance of the Georgia Training School for Boys for the years 1920 and 1921.
House Bill No. 982. A bill to amend an Act known as House Bill No. 273 appropriating for the Georgia Training School for Mental Defectives, etc., certain sums of money.
House Bill No. 998. A bill to appropriate an additional$10,000 to the Georgia State Board of Entomology for the years 1922-1923.
The following message was received from the House through Mr. Moore, the Clerk thereof:

j!fr. President:
The House has agreed to the Senate's substitute to the following House Bill to-wit:
House Bill No. 986. A bill to amend the charter of the City of Waycross.
The following House bills were read first time and referred to Committee:
House Bill No. 651. A bill to appropriate to the

978

JouRNAL OF THE SENATE,

Georgia Training School for Girls certain sums for maintenance, etc.
Referred to the Committee on Appropriations and Finance.

By Mr. Ennis of Baldwin and Mr. Carswell of Wilkerson-
House Bill No. 204. A Bill to appropriate certain sums for supplying a deficiency in maintenance for Ga. Training School for Boys.
Referred to the Committee on Appropriations and ]'inance.

By Mr. DuBose of Clark-
House Bill No. 982. A bill to amend Act for appropriation to Ga. Training School for Me,ntal Defectives.
Referred to the Committee on Appropriations and Finance.

By Mr. Mundy of Polk-
House Bill No. 998. A bill to make appropriation to Georgia State Board of Entomology.
Referred to the Committee on Appropriations and Finance.

By Mr. King of Wilcox-
House Bill No. 1001. A bill to amend an Act to re-incorporate the Town of Abbeville.

TuEsDAY, AuGusT 15, 1922.

979

Referred to the Committee on Corporations.

The following bill was read the third time and put upon its passage.

By Mr. Pruitt of Lumpkin-
House Bill No. 62. A bill to allow all common ca1~riers to issue annual passes to sheriffs, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Walker called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

T~ose voting in the affirmative were Messrs:

.Akin, L. R. Bellah, J. M. Campbell, R. W. Childs, E. W. Collum, J. M. Davidson, J. E. Fleming, W. 0. Foy, John E. Haralson, Pat

Hollingsworth, Holmes, R. H. Hunt, T. M. Johns, G. .A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam Manson, Frank C. Mills, J. H.

Palmour, J. E. Richards, Will Rountree, J. L. Tarpley, R. 0. Taylor, Geo. W. Williams, Wiley "\-Vohlwender, Ed. Mr. President

Those voting in the negative were Messrs:

Brown, L. C. Cone, Howell Colson, D. C. Fleming, Denis Golucke, Alvin G. Lassiter, W. H.

Peacock, C. H. Pope, David F. Ridley, Dr., C. L. Sheffield, R. H. Thomas, Jame~ R. Thorpe, E. M.

Walker, B. F. Wall Dan \Veaver, J. D. Womble, M. D.

980

JouRNAL OF THE SENATE,

Those not voting were :Messrs :

Bond, Chas. N. Boykin, James H. David, A. B.

Elli5, R. C. Hutchens, H. C. .Jachon, J. B.

Nix, 0. A. Snow, Russell E. StoYall, E. B.

Ayes 26, Nays 16.

On the passage of the bill the Ayes were 26, the Nays were 16.

The bill having received the requisite constitutional majority was passed.

Mr. President:

The Committee on Education has had under consideration the following bill of the House and report back with recommendation that the same do pass, to-wit:

House Bill No. 107.

"?

'?

CHILDs, Chairman.

The following bill was read the third time and put upon its passage :
By Mr. Steele of DeKalb-
House Bill No. 680. A bill to amend Workmen's Compensation Act relative to salaries of certain officers.
Mr. Golucke offered the following amendment:
''Amend by adding to Section 2 the following language to-wit:

TuESDAY, AuausT 15, 1922.

981

''All moneys assessed against and that may be payable under this Act by the Insurance Companies writing Compensation Insurance in this State and the employers permitted by the Commission to pay compensation direct, shall be by the same paid into the State Treasury of Georgia, and by it held as a special fund subject to the charge of salaries, expenses, etc., as provided in this act, to be paid out hy the State Treasury only upon warrant signed by the Governor and countersigned by the Comptroller General.''
The amendment was adopted.
The report of the committee, "\vhich was favorable to the passage of the bill, was agreed to.

On the passage of the bill the Ayes were 26, the ~ays were 2.

The bill having received the requisite constitutional majority was passed.

By Mr. Campbell-
The following resolution was read the third time rmd taken up for consideration:
Senate Resolution No. 112. A resolution requesting that the Senate and House adjourn sine die at 12 o'clock P. l\L wednesday, August 16, 1922.
Mr. Wohlwender called for the previous question .and the call was sustained.
The main question was ordered.

982

JouRNAL OF THE SENATE,

On the passage of the resolution Mr. Campbell 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. Hutchens, H. C. Mills, J. H.

Peacock, C. H. Ridley, Dr., C. L. Rountree, J. L.

Wall Dan

Those voting in the negative were Messrs:

Akin, L. R. Bellah, J. M. Brown, L. C. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C. Davidson, J. E. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G. Haralson, Pat

. Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Johns, G. A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. :Manson, Frank C. Nix, 0. A. Palmour, J. E. Pope, David F. Richards, Will

Sheffield, R. H. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. ThomaH, James R. Thorpe, E. ~I. Walker, B. F. \Veaver, J. D. Williams, Wiley Wohlwender, Ed. Womble, ::\I. D.

Those not voting were Messrs :

Bond, Chas. N. Boykin, James H. David, A. B.

Ellis, R. C. Jackson, J. B. Snow, Russell E.

Mr. President

Ayes 7, Nays 37.

On the passage of the resolution the Ayes were 7, the Nays 37.

The resolution having failed to receive the requisite constitutional majority was passed.

TuEsDAY, AuGUST 15, 1922.

983

The following message was received from His Excellency the Governor, through his Secretary, Mr. McCurry:

Mr. p,,,esident:
I am directed by His Excellency the Gov~rnor to liver to the Senate a sealed communication, to which he respectfully invites your attention in executive session.
The following message was reqeived from the House through Mr. Moore, the Clerk thereof:

J.lir. p,,esident:
The House has passed by the requisite Constitutional majority the following resolutions of the House, to-wit:
House Resolution No. 221. A resolution providing for payment of expenses for Joint Committee on Board of Regents bills, and for other purposes.
The following House Resolution was read the first time and referred to committee:

By Mr. Russell of Barrow-
House Resolution No. 221. A resolution providing for payment of expenses of Joint Committees on Board or Regents bill.
Referred to Committee on Appropriations and Finance.

984

JOURNAL OF THE SEN ATE,

111r. President:
We, your Conference Committee on Senate Bill No. 7, known as the Jones-Neill Australian Ballot Bill, respectfully report that we have agreed and recommend that the bill be enacted with all House amendments except the amenuments which would strike Sections 18 and 19 of the original Senate bill; would fix the closing hours of the polls ; known respectively as amendments Numbers Seven (7) and Eight (8).
Therefore the bommittee recommends that the House recede from Amendments Numbers Seven (7) and Eight (8) as hereinbefore mentioned.

~<i part of the Senate:
JONES 37th, NIX 51st, JOHNSON 21st,

On part of House:
HYMAN of Washington. DAVIS of Oglethorpe, KNIGHT of Berrien,
The report of the committee was adopted.
The following bills were read third time and put upon their passage:

By Mr. Guess of DaKalbHouse Bill No. 726. A bill to amend Workmen's

TuESDAY, AuGUST 15, 1922.

985

Compensation Act relative to providing a method of calculating wages received.

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. Valentino of Chatham and l\Ir. Moore of Fulton-
Hou.se Bill No. 569. A bill to amend tax Act of H)21 as to bill boards.
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 1.

The bill having received the requisite constitutional majority was passed.

By Mr. DuBose of Clark and Culpepper of Fayett-
House Bill No. 832. A bill to amend Act providing for collection of tax on dicstributors of fuel oils.
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.

986

JouRNAL OF THE SENATE,

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. Thomas-

Senate Bill No. 273. A bill to create a real estate commission.

On agreeing to the report of the committee, which \Vas favorable to the passage of the bill, the President ordered the roll call.

The vote was as follows :

Those voting in the affirmative were Messrs:

Bellah, .J. M. Boykin, James H. Colson, D. C.

Haralson, Pat Hunt, T. M. Nix, 0. A.

Richards, Will Thomas, James R. Wohlwender, Ed.

Tho.se voting in the negative were Messrs:

Brown, L. C. Campbell, R. W. Childs, E. W. , David, A. B. Fleming, W. 0. Foy, John E. Golucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Johns, G. A.

Jones, John H. .Jones, 0. K. of 6th Kimzey, San1 ~!anson, Frank C. Mills, J. H. Palmour, J. E. Peacock, C. H. Pope, David F. Ridley, Dr. C. L. Rountree, J. L.

Sheffield, R. H. StoYall, E. B. Tarpley, R. 0. Taylor, Geo. \V. Thorpe, E. M. Walker, B. F. Wall Dan \Veaver, J. D. Womble, M.D.

Those not voting were Messrs:

Akin, L. R. Bond, Chas. N. Collum, J. M. Cone, Howell Daddson, J. E.

Ellis, R. C. Fleming, Denis Hutchens, H. C. Jackson, J. B. Lassiter, W. H.

Snow, Russell E. Willia.ms, Wiley Mr. President

TuESDAY, AuousT 15, 1922.

987

Ayes 9, Nays 29.
On agreeing to the report of the committee the Ayes were 9, the Nays 29.
The report of the committee, which was favorable to the passage of the bill, was disagreed to and the bill was lost.
At J5 :30, upon motion of Mr. Brown the Senate resolved itself into executive session:
At 5 :45 the executive session was dissolved.
Mr. Cone moved that the Senate do adjourn to reconvene at 8 o'clock tonight and the motion prevailed.
The President am10unced the Senate adjourned till 8 o'clock tonight.

NIGHT SESSION' 8P.M.

The Senate convened at this hour and was called to order by the President.
The Senate at 8 :01 o'clock took a recess subject to the call of the Chair.
The President called the Senate to order at 9:05.
The following bill was read the third time and taken up for consideration.

By Mr. ConeSenate Bill No. 285. A bill to prohibit the taking

988

JouRNAL oF THE SENATE,

of fish from fresh water streams of Ga., with wire traps, wire netting, etc.

Mr. Manson moved that the Senate take a recess for fifteen minutes and the motion prevailed.

The Senate reconvened at 9 :28 and was called to order by the President.

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

JV! r. President:
The House has passed by the requisite constitutional majority the following bill of the House, towit:
House Bill No. 655. A bill to appropriate certain sums of money to Ga. State Sanitarium and StatP Sanatorium for Tubucular Patients at Alto.
The following message was received from tht> House, through Mr. Moore, the Clerk thereof :

]fr. P.resident:
The House has passed by the requisite constitutional majority the following Bill of the House towit:
House Bill No. 865. A bill to appropriate $45,736.29 to pay debts due on public printing for 1920 and 1921, and for other purposes.
The following bill was read first time and referre<l to committee :

TuESDAY, AuousT 15, 1922.

989

By :Mr. Ennis of Baldwin-
House Bill No. 655. A bill to appropriate certain sums of money to Ga. State Sanitariums and State State Sanatorium for Tubucular Patients at Alto.
Referred to the Committee on Appropriations.

By Mr. Camp of Campbell-
House Bill No. 865. A bill to appropriate certain s.ums to pay debt clue on public printing.
Referred to the Committee on Appropriations and Finance.
The following bill was taken up for the purpose of
disagreeing to the report of the committee which was
unfavorable to the passage of the bill.

By Mr. Vocelle of Camden-
House Bill No. 577. A bill requiring non residents of Camden County to procure a license to fish in said county.
Mr. Thomas moved that the report of the committee be disagreed to and the motion prevailed.
The report of the committee which was unfavorable to the passage of the bill was disagreed to and the bill was placed in its regular order on the calendar.
By unanimous consent the Senate took a recess for JO minutes:

, 99o

J G'D'B:NAL OF Tltlil Smu.TE,

The Senate reconvened at 10 o'nlock and was oall~ ed to order by the President
Mr. Manaon moved that the Senate do now ad~ journ and the motion prevailed.
The President announced the Senate adjourned till tomorrow morning at 9 o'clock.

WEDNESDAY, AUGUST 16, 1922.

991

SENATE CHAMBER, ATLANTA, GA.

August 16, 1922.

The Senate met pursuant to adjournment at 9 o'clock today and was called to order by the President.

Mr. Campbell asked unanimous consent to dispense with roll call.

Mr. Kimzey objected.

Upon the roll call the following Senators answered

to their names :

~

Akin, L. R. Bellah, J. M. Bond, Chas. N. Childs, E. W. Cone, Howell Colson, D. C. Davidson, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Hollingsworth, J. C. Holmes, R. H. Hunt, T. lf.

Jackson, J. B. Johns, G. A. Kimzey, Sa.m 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. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall Dan Weaver, J. D. Wohlwender, Ed. Womble, M. D.

Those absent were:

Boykin, James H. Brown, L. C. Campbell, R. W. Collum, J. M. David, A. B.

Foy, John E. Golucke, Alvin G. Haralson, Pat Hutchens, H. C. Jones, John H.

Jones, 0. K. of 6th Stovall, E. B. Williams, Wiley Mr. President

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

992

JouR~AL OF THE SENATE,

Mr. President:

The House has passed by the requisite constitu-

tional majority the following bills of the Senate, to-

rl:

,

Senate Bill No. 274. A bill to amend the present charter of the City of Albany.

Senate Bill No. 322. A bill to repeal an Act enc.orporating the Tom School District in Emanuel and ,Johnson Counties.

Senate Bill No. 196. A bill to create a Board of Commissioners of Roads and Revenues for Dougherty County.

Senate Bill No. 303. A bill to amend the charter of the city of Tifton.

Senate Bill No. 304. A bill to amend the charter of the City of Valdosta.

Senate Bill No. 275. A bill to amend Act establishing a system of public schools for City of Albany.

Mr. C. N. Bond, Chairman of the Committee on Enrollment, submitted the following report:

J1r. Presideut:
Your Committee on Enrollment report as duly en~ rolled and ready for the signatures of the President of the Senate and Speaker of the House of Representatives the following bills and resolutions, to-wit: '

WEDNESDAY, AuGusT 16, 1922.

993

Senate Bill No. 291. A bill to repeal the Board of Commissioners of Roads and Revenues of Houston County.
Senate Bill No. 278. A bill to amend An Act relating to the Board of Commissioners of Roads and Revenues of Early County, etc.
Senate Resolution No. 75. A resolution providing for the acceptance of a fund from the Congress of the United States for the betterment of health conditions of maternity.
Senate Resolution No. 86. A resolution to relieYe
certain bondsmen of one vV. K. Brooks.
Senate Bill No. 277. A bill to amend Section 1249 of Volume 1 of the Code of Georgia of 1910 providing for the selection by the Governor of banks in certain cities and towns therein named as State Depositories, so as to add the Town of Crawford to the list.
Senate Bill No. 320. A bill to amend the Charter of the City of Crawfordville.
Senate Bill No. 286. A bill to carry into effect in Atlanta the provisions of the amendments to Par. 1, Section 7, Article 6, of the Constitution, relating to abolition of Justice, so as to increase the jurisdiction of the Municipal Court of Atlanta.
Respectfully submitted,
CHAS. N. BoND, Chairman.

Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:
Sig. 32-Senate Journal.

99-1

JOURNAL OF THE SEN ATE,

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 bac:k to the Senate, with the recoimnendati<>:t ihat the same do pass, to-wit:
House Bill No. 1001. Re-incorporate Town of Abbeville.
House Bill .N'o. 77'5. Relating to Justice Court Buildings.
GoLUCKE, Chairman.

.Mr. Golucke, Chairman of the Committee on Special Judiciary, submitted the following report:

JJr. 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 Resolution No. 167. GoLuCKE, Chairman.
Mr. Walker, Chairman of the Committee on Appropriations and Finance, submitted the following report:
illr. President:
Your Committee on Appropriations and Finance

WEDNESDAY, AucusT 16, 1922.

995

have had under consideration the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
House Resolution N"o. 221.
B. F. \VALKER, Chairman.

M1. President:
The Committee on Education has had under consideration the following bill of the House, and direct that the same be reported back with the recommendation that it do pass, to wit:
House Bill No. 1002.
CHILDs, Chairman.

Mr. Jones of 37th, Chairman of the Committee on Corporations, submitted the following report:

Jfr. President:
Your Committee on Corporations have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the recommendation that the same do pass, towit:
House Bill No. 1000. House Bill No. 1003. House Bill No. 767. House Bill No. 936.
Respectfully submitted, JoNEs of 37th, Chairman.

996

JOURNAL OF THE SEN ATE,

Mr. Mills of 26th, Chairman of the Committee on Agriculture, submitted the following report:

il1r. 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 recommendation that the same do not pass, to-wit:
House Bill No. 562. Amending tick eradication law.
MILLS, Chairman.

Mr. Golucke, Chairman of the Comm:ittee 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. 808.
House Bill No. 1004.
GoLucKE, Chairman.

Mr. Hunt asked unanimous consent that House Resolution No. 81 be withdrawn from the Committee on State Sanitarium, read the second time and recom-

WEDNESDAY, AUGUST 16, 1922.

997

mitted to the Committee on State Sanitarium and the consent was granted.
The following bills, favorably reported, were read the second time :

By Mr. Duncan of Hall and Mr. Moore of Fulton-
House Bill No. 775. A bill to empower county authorities to provide suitable quarters for holding of Justice of Peace Courts.

By Mr. Russell of Barrow-
House Bill No. 1003. A bill to amend Act incorporating Town of Carl.

By Mr. King of Wilcox-
House Bill No. 1001. A bill to amend Act reincorporating Town of Abbeville.

By Messrs. Howard and Evans of Screven-
House Bill No. 1002. A bill to repeal Act establishing system of Public Schools for Sylvartia.

By Mr. King of Wilcox-
House Bill No. 1000. A bill to reincorporate Town of Abbeville.

By Mr. Russell of Barrow-
House Resolution No. 221. A resolution providing for payment of expenses for Joint Comniittee on Board of Regents bill.

998

JouRNAL OF THE SENATE,

By Mr. Bleckley of Rabun, et al.-

House Bill No. 808. A bill to authorize Treasurer of Ga., to pay certain counties certain sums for sale of Government area of the National Forest Reservation.

By Mr. Jones of Walker-
House Bill No. 1004. A bill to amend Criminal Code defining cruelty.

By Mr. Ennis of Baldwin-
House Resolution No. 81. A resolution providing for survey of lands known as colony lands of Ga. State Sanitarium for insane.
The above resolution was recommitted to Committee on State Sanitarium.
The following bills were read third time and put upon their passage:

By Messrs. Clarke and Lewis of Colquitt-
House Bill No. 930. A bill to amend Act incorporating Town of Doerun.
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 48, Nays 0.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, AUGUST 16, 1922.

999

By Mr. Wood of Twiggs-
Honse Bill No. 963. A bill to establish new charter for Town of Danville.
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 48, Nays 0.

The bill having received the requisite constitutional majority was passed.

By Chatham Delegation-
House Bill No. 956. A bill to amend Acts incorporating Town of Tybee.
The report o.f the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 48, Nays 0.
The bill ha.ving received the requisite constitutional majority was passed.

By Mr. Van Landingham-
Honse Bill No. 970. A bill amending Act creating new charter for Donalsonville.
The report o.f the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 48, Nays 0.

1000

JOURNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Mcintyre of Thomas-
House Bill No. 973. A bill to repeal Act incorporating Town of Cooledge.
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 48, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Stone of Jeff Davis-
House Bill No. 997. A bill to repeal Act creating board of Commissioners of Roads and Revenues for Jeff Davis.
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 48, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Gunnels of Franklin and Mason of Hart-
House Bill No. 969. A bill to amend Act incorporating City of Canon.

WEDNESDAY, AUGUST 16, l!l22.

1001

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 48, Nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Quincy of Coffee-
House Bill No. 984. A bill to amend Act creating new charter for the City of Douglas.
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 48, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Holloway of Fulton-
House Bill No. 857. A bill to authorize certain counties to lease, etc. houses for purposes of giving fire protection to citizens.
The r~port of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the .bill the Ayes were 48, Nays 0.
The bill "having received the requisite constitutional majority was passed.

1002

JouRNAL oF THE SENATE,

By Mr. McClelland of DeKalb-

House Bill No. 996. A bill creating a new charter for Town of Decatur.

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 48, Nays 0.

The bill having received the requisite constitutional majority, was passed.

Br Messrs. Brannen and Parrish of Bulloch-
Hause Resolution No. 148. A resolution to authorize sale of certain lands owned by State for benefit of the first District A. & l\f. School.
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 48, Nays 0.
The bill having received the requisite constitutional majority was passed.

B~, :Mr. Brantley of Glascock-
Hause Bill No. 995. A bill to repeal Act creating office of Commissioner of Roads and Revenues for Glascock County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, AuGusT 16, 1922.

1003

On the passage of the bill the Ayes were 48, Nays 0.
The bill having received the requisite constitutional majority, was passed.

By Mr. Singletary of Grady-
House Bill No. 999. A bill to amend Act creating City Court of Cairo.
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 48, Nays 0.
The bill having received the requisite constitutional majority, was passed.

By Fulton Delegation-
House Bill Ko. 895. A bill to amend charter of East Point:
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 48, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Reagan of Henry-
House Bill No. 959. A bill to provide a new charter for Town of Locust Grove.

1004

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 48, Nays 0.
The bill h'aving received the requisite constitutional majority was passed.

By Mr. VanZant of Fannin-
House Bill No. 965. A bill to amend Act incorporating Town of McCaysville.
The committee offered the following amendment:
By adding at end of Sec. 4, the following '' Provided however that the present mayor, and councilmen of said City of McCaysville shall hold office until the 1st Monday in Feb., 1923, when their term of office for which they were elected expires.
The amendment was adopted.
The report o.f the committee, which was favorabfe to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 48, Nays 0.
The bill having received the requisite constitutional majority was passed as amended.

By Mr. Vocelle of Camden-
House Bill No. 577. A bill requiring non-residents of Camden County to procure license to fish in fresh waters of said County.

WEDNESDAY, AUGUST 16, 1922.

1005

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 48, Nays 0.
The Eill having received the requisite constitutional majority was passed.

By Muscogee Delegation-
House Bill No. 936. A bill to empower governing bodies of certain municipal corporations to select by resolution or ordinance an Mayor pro tern or Reeorder pro tern.
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 48, Nays 0.
The bill having received the requisite constitutional majority was passed.

"By Mr. Jones of Walker-
House Bill No. 768. A bill to prevent those who live in a Militia District that has no-fence law from voting in any county elections.
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 48, Nays 0.

1006

J O"GRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

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

Mr. Pres-ident :
The House has adopted the report of the conference committee on Senate Bill No. 7, known as the Australian Ballot Bill.
The following message was received from the House through Mr. Moore, the Clerk thereof :

~/l!lr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, as amended, to-wit:
Senate Bill Xc. 198. A bill for the licensing of nurserymen in this State.
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 bills of the Senate

to-wit:

'

Senate Bill No. 262. A bill to regulate practice and procedure in the several courts of this State.

The following message was received from His Ex-

WEDNESDAY, AuGusT 16, 1922.

1007

cellency the Governor, throug-h his Secretary, Mr. }IcCurry:

Jfr. President:
l am directed by His Excellency the Governor to deliver to the Senate a communication in writing- to which he respectfull~ invites your attention.

STATE 01<--, GEORGIA: EXECUTIV"b~ DFJP ARTME~T, ATLANTA.

To The Geueral Assembly of Georgia:
l am now and have always been of the opinion that the Tax Equalization law oug-ht to be repealed, but it cannot and should not be repealed unless and until some adequate way of supplying- the revenue that will thereby be lost shall be supplied.
It is conservatively estimated that the State will lose at least two million dollars of its revenue by the repeal of this law, consequently that amount of revenue must be supplied for the State in some other way, by income-tax, or otherwise, before the Equalization law is repealed, or its repeal becomes effective. If it is supplied, concurrently with the repeal, we can and should repeal the Equalization law.
It should be borne in mind, however, that the income-tax amendment must be submitted to the people for ratification at the approaching November election and cannot become effective until it is ap-

1008

JOURNAL OF THE SEN ATE,

proved by the people at that election. Consequently, the repeal of the Tax Equalization law should not become effective until January 1, 1924, even if the income-tax bill also passes.

If the people ratify the income-tax bill, then the same can be put in operation by January 1, 1924, before any loss in revenue occurs from the repeal of the Equalization law. If the people do not ratify the income-tax bill, the General Assembly will have opportunity, during its 1923 session, to provide for the loss of revenue occasioned by the repeal of the Equalization law.

Respectfully submitted,

w. THOS.

HARDWICK,

Governor.

Under the order of the Rules Committee the following bill was read the third time and taken up for consideration,:

By Mr. Watkins of Butts-
House Bill No. 6. A bill to repeal Act regulating the return and assessment of property for taxation in this State.
Mr. Nix suggested the absence of a quorum.
Upon the roll call the following Senators answered to their names.

WEDNESDAY, AuGusT 16, 1922.

1009

Akin, L. R. Bellah, J. M. Boykin, James H. Brown, L. C. Campbell, R. W. Cone, Howell Colson, D. C. David, A. B.

Davidson, J. E. Elli8, R. C. Fleming, Denis Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. l\L

.Johns, G. A. Jones, 0. K. of 6th Nix, 0. A. Peacock, C. H. Ridley, Dr. C. L. tiheffield, R. H. Thomas, James R. Womble, :\f. D.

Those absent were:

Bond, Chas. N. Childs, E. W. Collum, J. M. Fleming, W. 0. Foy, John E. Hutchens, H. C. .Jackson, J. B. Jones, John H. Kimzey, Sam

Lassiter, W. H. Manson, Frank C. Mills, J. H. Palmour, J. E. Pope, David F. Richards, Will Rountree, J. L . Snow, Russell E. Stovall, E. B.

Tarpley, R. 0. Taylor, Geo. W. Thorpe, E. :\<I. \Valker, B. F. ''Tall Dan 'Veaver, .J. D. Williams, Wiley 'Vohlwender, Ed. Mr. President

Ayes 24.

There being no quorum present the President announced the Senate recessed for 5 minutes.

At 10 :05 the Senate reconvened and was called to order by the President.

Mr. Thomas made the point of order that House Bill No. 6 could not be considered by the Senate at this time except by a two thirds vote, as the Senate has already defeated a bill similar to bill in question.

The Chair sustained the point of order.
Mr. Nix appealed from the decision of the Chair.
The roll call was ordered and the vote was as follows:

1010

JouR~AL oF THE SE~ATE,

Those voting in the affirmative were Messrs:

_-\kin, L. R. Bellah, J. ~f. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell Da,id, A. B. Ellis, R. C. Fleming, Denis

Fleming, \V. 0. Foy, ,John E. Holmes, R. H. Hunt, T. M. HutchenH, H. C. .Jones, John H. .Jones, 0. K. of 6th Lassiter, \V. H. Peacock, C. H.

RichardH, Will ~now, Russell E. ThomaH, .Jamc> R. Thorpe, E. ~1. Wall Dan \Vea\"er, J. D. \Yohlwender. Ed.

Those voting in the negative were Messrs:

Bond. Chas. N. Boykin, James H. Collum, J. :M. Colson, D. C. Da\"idson, J. E. Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C.

,Jackson, J. B. .Johns, G. A. :Manson, Frank C. :\lills, ,J. H. Nix, 0. A. Palmour, J. E. Pope, Da,id F. Ridhy, Dr. C. L.

Rountree, .J. L . Sheffield, R. H. Sto,an, E. B. Tarpley, R. 0. Taylor, Geo. \\". \Valker, B. F. \\"illiams, \\'iley \romble, ~I. D.

'l'hose not voting were Messrs:

Kimzey, Sam

Mr. President

Ayes 25, :Nays 24.

On the appeal from the decision of the Chair the A?es were 25, the Nays 24.

The decision of the Chair was sustained.

.Mr. Jackson gave notice that at the proper time he would move that the Senate reconsider its action in defeating the appeal from the decision of the chair with reference to House Bill No.7.

The hour of 1 o'clock having arrived the President announced the Senate adjourned till this afternoon at 3 p.m.

WED:NESDAY, AuGusT 16, 1922.

1011

AFTERNOON SESSION' 3P. M.

The Senate reconvened at this hour and was called to order by the President.
The following message was received from the House through Mr. Moore the Clerk thereof:

Mr President:
The House has concurred m the Senate amendment to following bill:
House Bill No. 805. A bill to prohibit taking fish from any of the streams of this State with seine, net, gig, etc., and for other purposes.
Mr. Campbell offered the following resolution:
A resolution by Senator R. \V. Campbell of the 34-th District.
Whereas, Article 3, Section 4, Paragraph 6 of the Constitution of Georg-ia provides that "No session of the General Assembly shall continue longer than fifty days; provided, that if an impeachment trial is pending at the end of fifty days, the session may be prolonged till completion of said trial,'' and
1Vhereas, the present General Assembly convened on the fourth \Veclnesday in June, 1922, being the 28th day of June 1922, as provided by law, and will h~ve been in session at the end of this the 16th day of August, 1922, fifty days, and

1012

JOURNAL OF THE SENATE,

Whereas, no impeachment trial is pending at the end of fifty days.
Therefore be it resolved, by the Senate and the House concurring, that the General Assembly of Georgia do stand adjourned sine die at 12 o'clock P. ~~. on this the 16th day of August, 1922.
Mr. Jackson moved that the resolution be tabled and the motion prevailed.
The following message was received from the House through Mr. Moore, the Clerk thereof:

JJ r. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-
wit:
Senate Bill No. 308. A bill to amend Act and amendatory Acts creating Board of Commissioners of Roads and Revenues for Haralson County.
The following message was received from the House through Mr. Moore, the Clerk thereof:

111r. P1esident:
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
House Bill No. 745. A bill to amend Acts creating and maintaining Confederate Soldiers Home of Georgia.
House Bill No. 857. A bill to amend the charter of the City of Savannah.

WEDNESDAY, AuGUST 16, 1922.

1013

House Bill No. 894. A bill to amend the charter of the City of Marietta.

House Bill No. 965. A bill to amend Act and amendatory Acts incorporating the Town of McCaysville, in Fannin County.

.Mr. Richards, Chairman of the Committee on

Counties and Countv Matters, submitted the follow-

-mg report :

0

Jlr. President:
Your Com~ittee on Counties and County Matters have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 980.
Respectfully submitted,
RICHARDs, Chairman.

111r. President:
The Committee on Education has had under consideration the following bill of the House, and report back with recommendatioi1 that same do not pass, to-wit:
House Bill No. 848, to create a Board of Education for Lamar County.
CHILDS, Chairman.

1014

J O"CR:X AL OF THE SEN ATE,

The following bills, favorably reported, were read the second time:

By Mr. Bush of Lamar-

House Bill No. 980. A bill to create a Board of Commissioners of Roads and Revenues for Lamar County.

By Mr. Bush of Lamar-

6

House Bill No. 848. A bill to create a Board of Education for Lamar County.

Mr. Clay moved that the Senate recess for one half hour, reconvene, and stay in session till 6 o'clock, adjourn at six o'clock and reconvene at 8 o'clock tonight.
Mr. walker moved, as a substitute to the motion by :Mr. Clay, that the Senate recess for one hour, reconvene, stay in session till 6 o'clock and adjourn till 9 o'clock tomorrow morning and the motion prevailed.
The Senate took a recess for one hour.
Under Rule 20 of the Senate, Mr. Golucke of the 19th entered upon the Journal the following protest, to-wit:

A PROTEST
Whereas, The Senate has adopted a motion on this, the next to the last day of this General Assembly, at 4:20 P. M. to adjourn for one hour, to re-

WEDNESDAY, AuGusT 16, 1922.

1015

convene and remain in session only until6 P. :M. this day, when it shall stand adjourned until 9 A. M. Thursday, August 17, 1922.
Therefore, I, the undersigned member of this body, do protest against said action, upon the ground that the Income Tax Bill, the Bi-ennial Session Bill, and numerous other bills of the House are upon the Calendar of this body awaiting its consideration, and all these bills are being denied consideration by such action.
ALVIN" G. GoLucKE.

The Senate reconvened at 5:30 and was called to order by the President.
:\'lr. Golucke asked unanimous consent that House Bill No. 236 be withdrawn from the Committee on Special Judiciary, read second time and recommitted to the Committee on Special Judiciary and the consent 'vas granted.
By unanimous consent House Bills Nos. 998, 651, :204, 865, 982, 655 be withdrawn from the committee on appropriations and Finance, read the Second time and recommitted to the Committee on Appropriations and Finance.
Mr. Hunt, Chairman of the Committee on State Sanitarium, submitted the following report:
Mr. President :
Your Committee on State Sanitarium have had under consideration the following resolution of the

1016

JouRNAL OF THE SENATE,

House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
House Resolution No. 81.
Respectfully submitted,
HuNT, Chairman.

Mr. Ellis, Chairman of the Committee on Public Roads, submitted the following report:

Mr. President :
Your Committee on Public Roads have had under consideration the following House bill and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute:
House Bill No. 210.
ELLIS, Chairman.

Mr. President:
Your Committee on Appropriations and Finance have had under consideration the following bills and resolutions of the House, and are recommended that they do pass:
House Bill No. 651. House Bill No. 204. House Bill No. 998. House Bill No. 579.
B. F. WALKER, Chairman.

WEDNESDAY, AUGUST 16, 1922.

1017

ill r. President:
Your Committee on Appropriations and Finance have had under consideration the follo,ving bills of the House, and recommend they do pass as amended :

House Bill No. 655.

House Bill No. 873.

House Resolution No. 129. B. F. WALKER, Chairman.

.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 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 by committee substitute:
House Resolution No. 225, by substitute.
GoLUCKE, Chairman.

The following bills and resolutions, favorably reported, were read the second time :

By Mr. McDonald of Richmond-
House Resolution No. 225. A resolution to establish a Library for Judge of the Federal Court for the Southern District.

1018

JOURNAL OF THE SE~ATE,

Mr. Hutchens moved that when the Senate adjourns at 6 o'clock it reconvene at 8 o'clock tonight.
Mr. Jones called for the previous question all(I the call was sustained.
Mr. Nix moved that the Senate reconsider its ac-
tion in calling the previous question on motion of Mr. Hutchens.
:Mr. Snow called for the previous question and the call was sustained.
1\lr. Nix called for the Ayes and .Nays and the call was sustained.
'rhe roll call was ordered and the vote was as follows:

Those voting in the affirmative were :Messrs :

Boykin, .Tame~ H. Ellis, R. C. Foy, .John E. Hollingsworth, .J. ( '. Hunt, T. ):. .Jackson, J. B. .John~, G. A.

Kimzey, Sam Lassiter, W. H. Jfills, .J. H. Nix, 0. A. Palmour, .J. E. Pope, David F . Rountree..J. L.

Hhelfield, R. H. Tarpley, R. 0.
Taylor, Geo. "' \ValkPr, B. F. Womble, :\I. D .

Those voting in the negative were Messrs:

Bellah, J. )f. Bond, Cha... N. Brown, L. C. Campbell, R. W. <Jollum, J. l\1. Cone, Howell Colson, D. C. Davidson, J. E. l'leming, Denis

Golueke, Ahin G. Haralson, Pat Holmes, R. H. Hutchen8, H. C. Jones, John H. Jones, 0. K. of !lth Manson, Frank C. Peacock, C. H. Richards, Will

Ridley, Dr. C. L. Snow, Russell E. Stovall, E. B. Thomas, James R. \Veaver, J. D. Williams, Wiley \Vohlwender, Ed.

WEDNESDAY, AUGUST 16, 1922.

1019

Those not voting were Messrs :

Akin, L. R. Childs, E. W. David, A. B.

Fleming, W. 0. Thorpe, E. M. Wall Dan

Mr. President

Ayes 18, Nays 26.

On the motion to reconsider the ayes were 18 the Nays were 26.

Mr. Nix moved that the Senate do now adjourn.

Mr. Walker called for the Ayes and Nays and the call was sustained.

The hour of 6 o'clock having arrived the President announced the Senate adjourned till tomorrow morning at 9 o'clock.

1020

JouRNAL OF THE SENATE, SENATE CHAMBER, ATLANTA, GA.

August 17, 1922.

The Senate met pursuant to adjournment at 9 o'clock today 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 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:

STATE OF GEORGIA: EXECUTIVE DEPARTMENT, ATLANTA.

To The Senate:

I am compelled to return, without my approval, Senate Bill No. 288, to the Senate of Georgia, m which the same originated.-

Respectfully submitted,
THOMAS w. HARDWICK,

This July 16, 1922.

Governor.

THURSDAY, AuGusT 17, 1922.

1021

The following bill was taken up for the purpose of overriding the Governor's veto.

By Mr. Thorpe, et al.-
Senate Bill No. 288. A bill incorporating Town of Townsend.
Mr. Thomas moved that the Senate override the Guvernor's veto.

The roll call was ordered and the vote WflS 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 Colson, D. C. Da,id, A. B. Davidson, J. E. Ellis, R. C. Fleming, Denis Foy, John E.

Golucke, Alvin G. Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Jackson, J. B. Johns, G. A. Jones, 0. K. of 6th 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. R.ountree, J. L. Sheffield, R. H.
Tarpley, R. 6.
Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall Dan \Veaver, J. D. \Vohlwender, Ed. 'Vomble, M.D.

Those not voting were Messrs :

Boykin, James H. Fleming, W. 0. Hutchens, H. C.

Jones, John H. Manson, Frank C. Snow, Russell E.

Stovall, E. B. Williams, Wiley Mr. President

Ayes 42, Nays 0.

On the motion to override the Governor's veto the Ayes were 42, the Nays 0.

1022

JouRNAL OF THE SENATE,

The motion having received the requisite twothirds majority, the Governor's veto was overridden.
The following resolution was read and unanimous1~, adopted:

By Jones of the 37th and Haralson, and others-

PRIVILEGE RESOLUTION
TVhereas, This Senate has become imbued with warmest love and devotion for our distinguished President.;

Therefore, be it Resolved, That the "home fl.olks" of our honored, beloved President, of the culturJd City of Marietta and Cobb County, be n~spectfuiiy requested to furnish this Senate with a porn-:.it of snid President, the Honorable E. Herbl~r:, Clcl)';
Be it Further Res,ol1.}ed, That the highly cRteemed Secretary of this Senate be directed to have s~id portrait placed in an appropriate manner in this Senate chamber.
The following resolution was read third time and put upon its passage:

B~ Mr. Swift of Elbert-
House Resolution No. 160. A resolution to appropriate $2,000 for expenses of Special Mansion Leasing Commission.
The report of the committee, which was favorable to the passage of the hill, was agreed to.

'fHuRsDAY, AuGusT 17, 1922.

1023

The resolution involving an appropriation the roll call was ordered and the vote was as follows :

Those voting in the affirmative were l\fessrs:

Akin, L. R. Boykin, James H. Brown, L. C. Childs, E. W. Cone, Howell Da,id, A. B. Ellis, R. C. Fleming, Denis Fleming, W. 0.

Golucke, Alvin G. Holmes, R. H. Hutchens, H. C. Johns, G. A. .Jones, 0. K. of 6th Kimzey, Sam )lanson, Frank C. :\1ills, J. H. Palmour, J. E.

Pope, Da,id F. Ridley, Dr., C. L. Rountree, J. L. Snow, Russell E. Stovall; E. B. Thorpe, E. M. Wall Dan Weaver, J. D. Womble, ~1. D.

Those voting in the negative were Messrs:

Colson, D. C.

. Sheffield, R. H.

Those not voting were Messrs:

Bella.h, J . .M. Bond, Chas. N. Campbell, R. W. Collum, J. li. Davidson, J. E. Foy, John E. Haralson, Pat Hollingsworth, J. C.

Hunt, T. :XI. .Jackson, J. B. .Jones, John H. Lassiter, \V. H. Nix, 0. A. Peacock, C. H. Richards, Will Tarpley, R. 0.

Taylor, Geo. W. Thomas, James R. Walker, B. F . Williams, Wiley Wohlwender, Ed. Mr. President

Ayes 27, Nays 2.

On the passage of the resolution the Ayes were 27, the Nays were 2.

The resolution having received the requisite constitutional majority was passed.

The follo\ving bill was read third time and put upon its passage:

1024

Jo~RNAL OF THE SENATE,

By Muscogee Delegation-

A BILL
To amend Paragraph 1, Section 13 of Article 6 of the Constitution of Georgia, regulating the salaries of the Judges of the Superior Courts, by providing for the payment from the County Treasury of Muscogee County to the Judge of the circuit of which said county is a part, and additional compensation, and for other purposes.
Section 1. The General Assembly of the State of Georgia is hereby proposing to the people of Georgia an amendment to Paragraph 1 of Section 13 of Article 6 of the Constitution of this -State, as follows: By adding to Paragraph 1 of Section 13 of Article 6 of the Constitution of the State of Georgia as it now is the following: "Provided, that the county of 1\fuscogee, from and after January 1, 1925, shall pay from its treasury to the Superior Court Judges of the circuit of which it is a part, such sums as with with the salary paid each Judge from the State Treasury, make a salary of six thousand dollars per annum to each judge and said payments are declared to be a part of the court expense of such county.
Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution of this State shall be agreed to by two-thirds of the members elected to each of the Houses of the General Assembly and the same has been entered upon th<=:ir Joun1als, with

THURSDAY, AuausT 17, 1922.

1025

the Ayes and Nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendments to be publisheel in one or more newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next General Election and the Governor is hereby authorized and directed to provide for the submission of the amendment proposed for ratification or rejection to the electors of this State at the next General Election to be held after said publication at which election every puson shall be qualified to vote who is entitled to vote for men1bers of the General Assembly. All persons voting at such election in favor of adopting the said proposed amendment shall have written or printed on their ballots the words, "For amendment to Paragraph 1 of Section 13 of Article 6 qf the Constitution, providing for adidtional compensation to be paid by Muscogee County to the Judges of the circuit of which it is a part," all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against amendment to Paragraph 1 of Section 13 of Article 6 of the Constitution providing for additional compensation to be paid by Muscogee County to the Judges of the Circuit of which it is a part." If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State to whom the returns from said election shall be referred in the same manner as in cases of election for
Sig. 33-Senate Journal.

1026

JOURNAL OF THE SENATE,

members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one daily paper of the state announcing such result and declaring the amendment ratified.

Section 3. Be it further enacted that all laws and parts of laws in conflict herein are repealed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill being a constitutional amendment 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 Colson, D. C. Davidson, 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.l\L Jackson, J. B. Johns, G. .A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam
Lassiter, vV. H.
l\Ianson, Frank C. lliills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H. Pope, Da,id F.

Richards, Will Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. ')\Talker, B. F. V?all Dan W'eaver, J. D. Williams, WililY Wohlwender, Ed. Womble, :M. D.

Those not voting were Messrs:

David, A. B. Hutehens, H. C.

Thorpe, E. M. :Yfr. President

Ayes 46, Nays 0.

On the passage of the bill the Ayes were 46, the Nays were 0.

THURSDAY, AUGUST 17, 1922.

1027

The bill having received the requisite constitutional majority was passed.

The following bill was read third time and put upon its passage:
House Bill No. 579. A bill to supply deficiency in the school funds caused by misappropriation of R. N. Berrien, Jr.

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. Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Collum, J. l\f. Cone, Howell Colson, D. C. David, _-\. B. Davidson, J. E. Fleming, Denis Fleming, W. 0. Foy, John E. Golucke, Alvin G.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. M. Hutchens, H. C. Jackson, J. B. Johns, G. A. Jones, John H. .Tones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. Mills, J. H. Nix, 0. A. Palmour, J. E. Peatock, C. H. Pope, David F.

Those absent were:'

Richards, Will Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, James R. Walker, B. F. Wall Dan Weave1, J. D. Williams, Wiley 'Vohlwender, Ed.

Ellis, R. C. :Manson, Frank C.

Thorpe, E. M. Womble, M.D.

Ayes 46, Nays 0.

Mr. President

1028

J OURX AL OF THE SE::-< ATE,

On the passage of the bill the Ayes were 46, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
'l'he following resolution was read third time and taken up for consideration.

By Mr. Russell of Barrow-
House Resolution No. 221. A resolution providing for payment of expenses for Joint Committee on Board of Regents bills.

The report of the committee, which was favorable to the passage of the resolution, 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 Messrs:

Bellah, J. M. Bond, Chas. N. Brown, L. C. Campbell, R. W. Childs, E. Vi'. Colliim, J. }f. Cone, Ho\\ell Colson, D. C. DaYid, A. B. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Haralson, Pat Hollingsworth, J. C. Holmes, R. H. Hunt, T. 11. Jackson, J. B. .Johns, G. A. .Tones, .John H. .Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. :\Iills, J. H. Nix, 0. A. Palmour, J. E.

Peacock, C. H. Richards, Will Ridley, Dr. <". L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. Tarpley, R. 0 . Taylor, Geo. W . Thomas, James R. Walker, B. F. Wall Dan vVohlwender, Ed. Womble, :M. D.

Those not voting were Messrs:

-~kin, L. R. Boykin, James H. DaYidson, J. E. Golucke, Alvin G.

Hutchens, H. C. :Manson, Frank C. Pope, David F. Stovall, E. B.

Thorpe, E. M. \\eaver, J. D. Williams, "!iJey Mr. President

rHuRsDAY, AuGusT 17, 1922.

1029

Ayes 39, Nays 0.
On the passage of the resolution the Ayes were 39, the Nays were 0.
The resolution having received the requisite constitutional majority was passed.
The following bill was read third time and .put upon its passage:

By :Mr. Reagan of Henry-
House Bill No. 626. A bill to amend Act relative to payment of poll tax by women.
Mr. Manson offered the following amendment:
Amend by requiring all females to pay all back poll tax, due from the time she becomes eligible to Yote to the date of her registration.
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 36, Xays 2. The bill having received the requisite constitutional majority was passed. The following resolution was read and adopted:

By .Mr. Nix-
Senate Resolution Xo. 112. A resolution providing for certain members and attaches of the General Assembly to remain for 5 clays after adjournment.

1030

JouRNAL OF THE SENATE,

The following resolution was read and adopted:

By Mr. Jackson-
Resolved by Senate that the resolution of this body requesting the Governor to transmit to the Senate his reasons for vetoing Senate Bill No. 288 be and the same is hereby rescinded.
The following message was received from the House through Mr. Moore, the Clerk thereof:

JV] r. President:
The House has read and adopted the following resolution of the Senate, to-wit:
Senate Resolution No. 112. A resolution proYiding for certain officials of the Senate and House of Representatives to remain :five days after the close of the session.
The following message was received from the House through Mr. Moore, the Clerk thereof:

ill r. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, towit:
Senate Bill No. 174. A bill to amend Section 958 of Penal Code to provide bail in misdemeanor cases.
Senate Bill No. 323. A bill to amend Act creating Board of Commissioners for Wanen and Taliaferro Counties.

THuRsDAY, AuausT 17, 1~22.

1031.

Senate Bill No. 321. A bill to amend the charter of the town of Sharon.
The following bills were read third time and put upon their passage:

By :Mr. :McMichael of Marion, et al.-
House Bill No. 791. A bill to confer upon several .counties authority to levy taxes for educational purposes:
The report of the committee, whi~h was favorable to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 37, Nays 2.
The bill having received the requisite constitu. tionnl majority was passed.

By Mr. Bush of Lamar-
House Bill No. 980. A bill to create a Board of Commissioners of Roads and Revenues for Lamar ( 'ounty.
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,

By Mr. Russell of Barrow-
House Bill No. 1003. A bill to amend Act incorporating Town of Carl.

1032

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 36, Nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Bush of Lamar-
House Bill No. 848. A bill to create a Board of Education of Lamar 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.

1\ir. Duncan of Hall, et al.-

House Bill No. "775. A bill to empower county authorities to provide suitable quarters for holding of Justice of Peace Courts.

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 48,

Nays 0.



The bill .having received the requisite constitutional majority was passed.

'fHURSDAY, AuGUST 17, 1922.

1033

By :Mr. King of 'Vilcox-

House Bill No. 1001. A bill to amend Act incorporating To,vn of Abbeville.

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. King of W'ilcox-
House Bill Xo. 1000. A bill to reincorporate Town of Abbeville.
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 haYing received the requisite constitutional majority was passed.

By :Messrs. Bleckley of Rabun, et al.-
House Bill ?\o. 808. A bill to authorize State Treasurer to pay certain counties sums 'due from sale of govemment area of National Forest Reservation.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1034

JouRNAL OF THE SENATE,

On the passage of the bill the Ayes were 39, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Howard and Evans of Screven-
House Bill 1002. A bill to repeal Act establishing a system of public schools for 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 42, Nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Carswell of Wilkinson-
House Bill No. 690. A bill to make it a misdemeanor to make, change or utter a check with intent to defraud.
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 9, Nays 17.
The bill having failed to receive the requisite constitutional majority was lost.

By Mr. Hamilton of FloydHouse Bil~ No. 65. A bill relating to the placing

THURSDAY, AUGUST 17, 1922.

1035

out of children by persons oth:er than parents or relatives.
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 3.
The bill having received the requisite constitutional majority was passed.

By Mr. McMichael of Marion-
House Bill No. 931. A bill to amend Act establishing one or more consolidated public schools in each county of Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Ou the passage of the bill the Ayes were 26, Nays 1.
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. Mundy of Polk-
House Bill No. 998. A bill to appropriate additional $10,000 to the Georgia State Board of Entomology.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1036

JouRNAL OF THE SENATE,

The bill involving- an appropriation the roll call was ordered and the vote was as follows:

Those voting- in the affirmative were Messrs:

Bellah, J. ~1. 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. Davidson, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Golucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Hunt, 'L' M. Hutchens, H. C. Jackson, J. B. Johns, G. A. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. Manson, Frank C. ~fills, J. H. Nix, 0. A. Palmour, J. E. Peacock, C. H.

Pope, DavidF. Richards, Will Ridley, Dr. C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E. StO\all, E. B. Tarpley, R. 0. Taylor, Geo. \V. Thomas, James R. \Valker, B. F. Wall Dan Weaver, J. D. Williams, Wiley Womble, M. D.

Those not voting- were Messrs:

Akin, L. R. Haralson, Pat

Jones, John H. Thorpe, E. M.

"'ohlwender, Ed. Mr. President

Ayes 45, Kays 0.

On the passag-e of the bill the ayes were 45 the Nays were 0.

The bill having- received the requisite constitutional majority was passed.

By unanimous consent the following- resolution was read third time and taken up for consideration:

By Mr. Ennis of Baldwin-
House Resolution No. 81. A resolution to provide for a survey of lands of State known as colony lands of Georgia State Sanitorium for lnsami.

THURSDAY, AUGUST 17, 1922.

1037

The report of the committee, which was favorable to the passage of tlre resolution, '\Vas agreed to.
On the passage of the resolution the, Ayes were 48, the Nays were 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read third time and taken up for consideration.

By Mr. Hamilton of Floyd-
House Bill No. 675. A bill to define liability of Hotel Keepers.
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 constitutio~1al majority was passed.
The following resolution was read the third time and put upon its passage:

By Mr. Ennis of Baldwin-
House Resolution No. 200. A resolution providjng for a school building c:ite of th~ State farm.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On ~he passage of the resolutio;n the Ayes were 29, the Nays 0.

1038

JOURNAL OF THE SENATE,

The resolution having received the requisite constitutional majority was passed.
Under the regular order of business submitted by the Rules Committee the following bill was reconsidered and taken up for consideration.

By Messrs. Ellis, Foy, et al.-
Senate Bill No. 254. A bill to amend constitution so as to permit the issuance and sale of Highway Bonds.
(The bill was read the third time and spread upon the Journal August 14th, 1922.)
Mr. Kimzey offered the following amendment:
''Amend by striking Paragraph five and adding in lieu thereof the. following:
''Paragraph t5. The purpose for which said indebtedness may be incurred shall be to match Federal Aid, and no bonds shall be sold in any year in excess of the amount appropriated by the Federal Government to build roads in Georgia for that year, and no bonds shall be sold in any year in a greater amount than to match Federal appropriation for highways and the money received from the sale of said bonds shall be used by the State Highway department for the purpose of matching Federal Aid and for no other purposes.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, AuGusT 17, 1922.

1039

The bill being an amendment to the constitution 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. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell Colson, D. C. David, A. B. Davidson, J. E. Ellis, R. C. Fleming, Denis Foy, John E. Haralson, Pat

Holmes, B-. H. Hunt, T. M. Hutchens, H. C. Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. Manson, Frank C. Nix, 0. A.
Palmour, J. 'E.
Pope, David F. Richards, Will

Ridley, Dr. C. L.
J: Rountree, L.
Sheffield, R. H. Snow, Russell E. Stovall, E. B. Tarpley, R. 0. Tayler, Geo. W. Thomas, James R. Thorpe, E. M. Wall Dan W:eaver, J. D. Wohlwender, Ed.

Those voting in the negative were Messrs:

Boykin, James H. Collum, J. M. Fleming, W. 0.

Golucke, Alvin G. Hollingsworth, J. C. Peacock, C. H.

Walker, B. F. Womble, M. D.

Those not voting were Messrs:

~fills, J. H.

Williams, 'Yiley

Mr. President

Ayes 40, Nays 8.

On the passage of the bill the Ayes were 40, the Nays 8.

The bill having received the requisite two-thirds majority was passed by substitute, as amended.

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

1040

JOURXAL OF THE SENATE,

lJilr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate, towit:
Senate Bill No. 84. 4 bill to permit all corpora-
tions incorporated by the Secretary of the State, except insurance, banking and trust companies, to increase their capital stock.

Senate Bill No. 86. A bill to permit all corporations incorporated by Secretary of State, except insurance, bank and trust companies, to increase their capital stock.

Senate Bill No. 209. A bill to repeal an Act abolishing fee system now existing in the Southern .Judicial circuit as applied to the office of Solicitor General.

Senate Bill Ko. 221. A bill to abolish the fees ac<:,ruing to the office of Solicitor General of the Southern Judicial Circuit. As amended.

The following message was recel.ved from the House through Mr. :Moore, the Clerk thereof:
,I . ."
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, by substitute:
Senate Bill No. 60. A bill to amend an Act to create and establish the securities commission.

THURSDAY, AuGUST 17, 1922.

1041

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

j"Ylr. Presid<ent:

The House has passed by the requisite constitu-

tional majority the following bills of the Senate, to-

~

.

wit:



. Senate Bill No. 39. A bill to provide for return aJ,Jd transmission of interogations taken before a Court of Commissioners, and for other purposes.

The following bill was taken up for the purpose of concurring in House amendment.

B~ J[r. Snow-
Senate Bill No. 221. A bill abolishing fees accruing to the office of Solicitor General in criminal cases ii1 Southern Judicial Circuit.
:Mr. :Macintyre, of Thomas, offered the following amendment :
:Mr. Macintyre of Thomas County, proposes an amendment to Senate Bill No. 221 by adding next after Section 4 of said bill two new sections to read aR follows:
Sec. 4a. It shall be the duty of all arresting officers of said circuit to make upon the warrants executed by them, at the time of executing such warrants, an entry of their acts and doings; and it shall be the duty of all committing magistrates in such circuit to enter upon the warrant, at the time of the commit-

1042

JouRXAL OF THE SENATE,

ment, an itemized statement of the costs charged and to whom payable. It shall be the duty of every sheriff, arresting officer and committing magistrate in said circuit, where such warrant is returnable to the Superior Court, to present or cause the same to be presented to the clerk of the court to which it is returnable, as promptly as .. practicable after the arrest has been made, for entry upon the grand jury docket, and also after a commitment trial has been had thereupon or waived, for the notation of that fact upon such docket. A delay of more than one week in so presenting such warrant, to the clerk shall, in every case (except only when the delay is the result of providential cause), be deemed and held to be inexcusable neglect of duty on the part of the officer so withholding such warrant, subjecting him to attachment and punishment for contempt of court, as well as to a forfeiture of all costs that might otherwise accrue to him in such case.
It shall be the duty of the clerk of every Superior Court of said circuit to keep a ''Grand Jury Docket,'' composed of ruled and printed form, in a bound book, wherein appropriate blanks are left for inserting; (1} The number of the case; (2) the name of the accused; (3) the name of the alleged offense; (4) the date of the alleged offense ; (5) the name of the prosecutor; (6) the date of the warrant and the name of the magistrate by whom it was issued; (7) the date of the arrest and the name of the officer making it; (8) the date and amount of the appearance bond, if

THURSDAY, AuGusT 17, 1922.

1043

any, together with the names of the sureties; (9) the total amount of costs due to each officer as shown by the warrant; (10) a list of the witnesses for the State: and (11) the disposition of the case by the committing magistrate and the grand jury. whenever a warrant is presented to the clerk in vacation, as herein provided, it shall be his duty forthwith to docket the said case for presentation to the grand jury, unless the same has then already been so docketed; and, in every such case, to insert the suggested matter in every blank pertaining to that case, in so far as the necessary information is desirable from ~he warrant or from the entries thereon, or as otherwise made known to him. Upon the case being so docketed, the warrant may be returned to the sheriff or other arresting officer. All warrants shall be so docketed in the order of their presentation to the clerk, and the cases shall be numbered consecutively, beginning with "No. 1," for each term to which they are returnable.
Twenty days or more before each term of court, and regardless of any disposition that may have been made of any felony case outside of the Superior Court, the clerk shall issue and deliver to the sheriff, and the sheriff shall at once proceed to serve a subpoena, in the usual form, for every prosecutor and witness whose name appears upon said docket in connection with cases returnable to said term, and likewise in all cases in which "no bills" were returned at the last preceding term, requiring the attendance of such witnesses and prosecutors before the next grand jury; and where

1044

JOURNAL OF THE SENATE,

cases are docketed less tllan twenty days before the next regular term of court, such subpoena shall be immediately issued and deliverey to the sheriff for service, as aforesaid.
For all cases so docketed by the clerk, he shall be entitled to a fee of two dollars, and the sheriff or other arresting officer presenting the warrant to be so docketed shall be entitled to a fee of one dollar, both of which fees shall be taxed as other costs in the said case.

Other cases may be entered upon said docket by the Solicitor-General, or any member of the grand jury, or at their instance and direction, as well as by the clerk, always omitting to fill in such blanks as are inappropriate to the particular case.

The sole purpose of such docket being for the convenience of the grand jury and of the SolicitorGeneral, for expenditing the business before that body, and for better keeping the record of the costs due in criminal cases, no entry or irregularity therein, nor even the total absence of such docket, shall ever, in any case, afford the accused any ground of objection in. any manner.

It shall be the duty of the county authorities to supply and pay for said docket as other blank books for public records are supplied and paid for.
Sec. 4b. All costs, fines and forfeitures paid into the Superior Courts of said circuit shall be paid .to and received by the respective clerks of said .courts, who are hereby charged with the duty of keep-

THURSDAY, AuGusT 17, 1922.

1045

ing a clear, accurate, complete and permanent record of all sums so received or paid out by them. Each of such clerks shall deposit in a bank or unquestioned solvency, to be selected or changed by him at his pleasure, all money so received by him, which aecount shall be carried in his name as clerk of the Superior Court of his county; and no disbursement or payment of an~ part of such fund shall be made except by clerk, which shl!lll bear a distinguishing number and shall be his voucher for the payment thereby made. All such checks and the stubs thereof, properly filled out, shall be preserved as a part of the permanent record. Such bank account shall follow the office; that is to say, the successor in office of such clerk shall succeed to such bank account by virtue of his office and for the purpose of disbursing the said fund, as in this act provided.

Each of said clerks shall keep a well bound book to be known as the ''Criminal Cost Record,'' which book shall consist of ruled and printed pages with blanks for the insertion, on one horizontal line to each case, of matter respecting every criminal case disposed of in his court, including returns of "no bill," as follows: (1) The docket number of the case, including (a) the grand jury docket number and (b) the trial docket number; (2) the return term thereof; (3) the name of the accused; (4) the name of the offense; (5) the disposition of the case, (whether "no bill," "acquitted" or "convicted" etc.,) and (b) the date thereof; (6) the sentence impo~ed, including (a) the :fineand (b) the term of service; (7)

1046

JOURNAL OF THE SENATE,

costs accrued to the county as Solicitor-General'~ fees, including (a) amount, (b) when paid, (c) from what fund paid ("fine" or "insolvent"), and (d) number of voucher by which paid; (8) costs accrued to clerk (with same detailed statement as for the county) ; (9) cost accrued to sheriff (with same detailed statement as for the county); (10) costs accrued to the committing magistrate, if any, with (a) his name, (b) the amount, (c) when paid, (d) from what fund paid (either "fine" or "insolvent" as the case may be), and (e) number of the voucher by which the payment was made.; (11) cost accrued to the lawful constable, if any (with same detailed as for the committing magistrate); (12) costs of appeal, if any, including (a) amount accruing to the Solicitor-General, (b) when paid, (c) how paid, and (d) voucher number, if paid by check; (e) amount accruing to the clerk, (f) when paid, (g) how paid, and (h) voucher number; (i) amount accruing to sheriff (with same details as for the clerk), and (13) a reasonable space for remarks. Each of said clerks shall also keep, either in the same or in a separate book, a complete and detailed record of all additions to and disbursements from the insolvent fund. This record shall show; (1) the trial docket number of the case from which the fund was received; (2) the return term thereof; (3) the name of the accused; (4) the amount added to the insolvent fund from such case; and (5) the dates and amounts of each and every receipt and disbursement of said fund, together with the voucher number by which the same
was paid.

THURSDAY, AUGUST 17, 1922.

1047

Quarterly, on the first days of January, April, July, and October of each year, or oftener if he sees fit so to do, the clerk shall pay to the county, to himself, and to each officer to whom cost is due, the amounts accrued in the disposed of criminal cases in which collections have been made during the preceding quarter or since the last preceding settlement. The amount remaining in the hands of the clerk from any particular criminal case after the payment of all costs in that case shall at once be credited t~ the insolvent fund; and the said clerk shall also make quarterly distributions of said insolvent fund, applying the same, first, to special orders of the court passed within one year from the date of distribution; then (2), generally, either with or without any order of the court, to the payment of insolvent costs in criminal cases disposed of during the current year; and (3) to the criminal cases disposed of during the preceding year, and so on back through the fourth year, until all of such accrued costs are paid or said fund is reduced to an amount insufficient to pay the costs in full in the next cases in order for such satisfaction. Whenever all accrued costs are paid back through the fourth year, the balance of such fund then in hand, if any, shall be.paid into the county treasury.
For keeping the said records as in this section provided the clerk shall be entitled to a fee of three dollars in each case, to be taxed as other costs in the said case.
The Senate concurred in the amendment:

1048

Jo"LRXAL OJ<' THE SENATE,

:Mr. Jones of 37th moved that when the Senate adjourn at 1 o'Clock today it reconvene at 3:30 P . M. mid the motion prevailed.
The following bill was read third time and taken up for consic1eration:

By Messrs. \Vhitaket and Vvebb of Lowndes-
House Bill No. 233. A bill to appropriate to the Board of Trustees of the University of Georgia for the use of the South Georgia State Norrnal School at Valdosta.
:Mr. Brown moveJ. that the Senate do now adjourn and tlw motion prevailed.
Under a preYiously adopted motion the President announced the Senate adjourned till 3 :30 o'clock.

AFTERNOON SESSION,
3:30P.M.

The Senate reconvened at this hour and was called to order by the President.

Upon the call of the roll the .following Senators alll'.wered to their names:

Bond, Chas. N. Brown, L. C. Cone, Howell Colson, D. C. fleming, Denis Haralson, Pat Hollingosworth, J. C. Holmes, R. H. Hunt, T. l\f.

Hutehens, H. C. Jackson, J. B. -Jone~, John H. Kimzey, Sam Xix, 0. A. Palmour, J. E. Pope, David F. Sheffield, R. H. Snow, Russell E.

Tarpley, R.. 0 . Taylor, Geo. W. Thomas, Jame8 R. Thorpe, E. :M. \Vall Dan Wohlwender, Ed. Womble, ::\I. D.

THuRSDAY, AuGUST 17, 1922.

1049

'rhose absent were:

.-\kin, L. R. Bellah, J. ::\1. Boykin, .James H. Campbell, R. \Y. Child~, E. W. Collum, J. l\L Da\"id, .-\.B. David~on, .J. E. Ellis, R. C.

Fleming, \\'. 0. Fo~, John E. Golul'ke, Alvin G. .Johns, G. A. Tones, 0. K. of 6th
Lassiter, '" H. :\Janson, Frank C. :\lills, ,J. H. l'Patoek, C. H.

A~es 25.

Hiehanls, Will Ridle~, Dr., C. L. Rountree, J. L. Stomll, E. B. \Valker, B. F . \Yea,er, J. D. ""illiams, Wiley Mr. President

There being no quorum present the Pr~sideut announced the Senate recessed for 10 minutes.

Tlw President called the Senate together at 3:45 P. l\I.
The following message was received from His Excellenc~ the GoYernor, through his Secretary, Mr. McCurry: Jlr. 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.
STATE OF GEORGIA: .
EX~Jl 'UTIV~~. DEPARTMEl:\T,
ATLANTA.

To The Geueral Assembly:
I beg to again imite your especial attention, at this late hour in the session, and to again commend

1050

JouRNAL oF THE SENATE,

to your favorable consideration the bill to promote the forestry interests in Georgia.

It seems to me the bill in question is a distinctively progressive and necessary step in the development of a sound public policy; that it will tend to preserve our forests, our lumber interests and our naval stores industry, and that every argument is in favor of its passage and that no legitimate objection can be offered to it. It involves no public expenditure.

I ui1derstand that Senate Bill No. 257, to accomplish these purposes, has already passed the Senate and is now pending in the House, and I earnestly hope that both Houses of the General Assembly may agree to this legislation before the adjournment of the present session.

Respectfully submitted,

w. THOM:AS

HARDWICK,

This August 17, 1922.

Goven1or.

The President announced the Senate recessed for 10 minutes:
The Senate reconvened at 4:10 o'clock and was called to order by the President.
Under the order of business set by the Rules Committee the following bill was taken up for consideration:

THURSDAY, AUGUST 17, 1922.

1051

B~ Messrs. Whitaker and Webb of Lowndes-

. House Bill No. 233. A bill to appropriate to the Board of Trustees of University of Georgia for use of the South Georgia State Normal College at Valdosta.
The Committee offered the following amendment:
''Amend b~ striking words and figures '1924 and 1926' and inserting in lieu thereof the words and figures '1923 and 1924 '."

The amendment was adopted. The committee offered the following amendment:

''Amend by adding that the sum of $5,000.00 be and the same is hereby appropriated to the 12th District A. & .M. School at Cochran for the purpose of finishing their girls dormitory to be paid when funds are aYailable from the Treasury.
The amendment was adopted.
The committee offered the following amendment: By adding '' 'l'here shall also be appropriated out of the public fund of this State to the Trustees of the Universit~ of Georgia for the North Georgia Agricultural College at Dahlonega, the sum of $3,000.00 for the year 1922, and $3,500.00 for the year 1923, also to amend caption so as to conform hereto.
The amendment was adopted.
The committee offered the following amendment:
''By adding new Section 'Be it further enacte:l

1052

.JouRXAL OF THE SExATE,

by the authority aforesaid, That the sum of $7,000.00 b~ and the same is hereby appropriated for the use of the Trustees of the 9th District A. & M. School <~t Clarkesville, Ga., to complete and equip the Girls Dormitory on the campus thereof. Said sum to be available in the year 1923, and that the caption of said bill be amended to conform hereto, and that Section 2 of said bill be renumbered accordingly.''

The amendment was adopted. rrhe committee offered the following amendment.

''Amend by adding new Section: To appropriate $12,148.00 to the trustees of the third District A. & :M. School at Americus, Ga., to be used to pay past due indebtedness of the school, and for other purposes.
The amendment was adopted.

The Committee offered the following amendment:
''Amend by adding new Section, 'That there is appropriated to the Trustees of the University of Georgia for the use of the 1st District A. & M. School of Statesboro, Georgia, the sum of $6,500.00 and to be used for the purpose of paying off au indebtedness incurred in building and equipping a dining hall and teachers home, said sum to be paid during the year 1923. And further by changing the caption of said hill to comply herewith.
The amendment was adopted.
:Mr. J acks011 offered the following amendment:

THURSDAY, AuousT 17, 1922.

1053

Amend "By adding that the sum of $10,000 is hereby appropriated to promote further efficiency at the Georgia School for the Blind."
The amendment was adopted. 1\ir. Brown offered the following amendment:
''Amend by appropriating $5,000.00 to the Trustees of the University of Georgia, for the purpose of repairing buildings on the University Campus, which appropriation was passed last year but was overlooked in the printed bill.
The amendment was adopted.
Mr. Clay offered the following amendment:
''Amend by adding new Section as follows 'That the sum of $5,000.00 be appropriated to 7th District .A.. & M. School to complete a building in progress of ccnstruction.
The amendment was adopted.
:Jir. Johns offered the following amendment:
"Amend by adding another Section 'Be it further provided that the sum of $3,500.00 be and is hereby appropriated to the trustees of the 5th District A. & :M. School for the purpose of completing and equipping a dairy barn.
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:

1054

JOURNAL OF THE SENATE,

Those voting in the affirmative were Messrs:

Akin, L. R. Bond, Chas. N. Brown, L. C. Campbell, R. W. Collum, J. l\l. Cone, Howell Colson, D. C. Daddson, J. E. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Haralson, Pat Hollingsworth, J. C. Hunt, T. l\1. Hutchens, H. C. Jackson, J. B. Johns, G. A. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. Manson, Frank C. 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. Taylor, Geo. W. Thorpe, E. M. Wall Dan Weaver, J. D. ' '7ohlwender, Ed.

Those voting in the negative were Messrs:

Bellah, J. M. Boykin, James H. Childs, E. W.

Holmes, R. H. Jones, John H. Tarpley, R. 0.

Thomas, James R Womble, l\L D.

Those not voting were Messrs:

David, A. B. Golucke, Alvin G. Mills, J. H.

Stovall, E. B. Walker, B. F. Williams, Wiley

Mr. President

Ayes 36, Nays 8.

On the passage of the bill the Ayes were 36, the N'ays were 8.

The bill having received the requisite constitutional majority was passed.

Mr. Walker, chairman of the Committee on appropriations and Finance submitted the following r&port:

Mr. Presid-ent: The Appropriations and Finance Committee has

THURSDAY, AuausT 17, 1922.

1055

had under consideration the following bills 0f the House, and we recommend that the same do pass:
House Bill No. 865. House Bill No. 982.
B. F. WALKER, Chairman.

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

1vlr. Presidlf3nt:
The House has passed by the requisite constitutional maj9rity the following bill of the Senate as amended, to-wit:
Senate Bill No. 63. A bill to amend an Act regu]ating banking in the State of Georgia.
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 of the House, to-wit:
House Resolution No. 233. A resolution extending thanks to Miss Wyley for composing music to song ''Georgia'' and for other purposes:
'rhe following message was received from the House through Mr. Moore, the Clerk thereof:
Jlllr. President:
The House has passed by the requisite constitu-

1056

J O'l'RNAL 0],' THE SENATE,

tional majority the following resolution of the Senate, to-wit:
A resolution to relieve the bondsmen of Price Hubbard.
The following message was received from the House through Mr. Moore, the Clerk thereof:

Mr. Pres-itient:
The House has passed by the requisite constitutional majority the following bills of the Senate, towit:
Senate Bill No. 47. A bill to declare growing crops personality in the State of Gorgia.
Senate Bill No. 122. A bill to amend Section 3931 of Code of 1910, relative to status of mother as an heir.
Senate Bill No. 229. A bill to amend Section 3037 of Code of Georgia, relative to appointment of guardians for minors.
Mr. W ohlwender moved that when the Senate adjourns at 6 o'clock it reconvene at 8 P. M., and the motion prevailed.
Mr. Walker, Chairman of the Conference Committee on the part of the Senate, to act with reference to Senate Bill No. 41, submitted the following report:
.Jl!h. p.,esrident:
'Ve the undersigned Conference Committee on

THURSDAY, AUGUST 17, 1922.

1057

part of the House and Senate as to Senate Bill No. 41 known as the Free School Book Bill, beg to re-
port that we are unable to agree and ask that one
other conference committee be appointed.

Respectfully submitted, B. F. WALKER, Chairman. JAMES H. BOYKIN,
SENATOR ROUNTREE,
I. H. p. BECK, C. W. FoY, E. B. GRESHAM,

The president appointed a Conference Committee to Act with a like committee from the House the following:
Messrs. Rountree, Walker and Boykin. The following message was received from the House through Mr. Moore, the Clerk thereof:

JJ r. Pres-ident:
The House has passed by the requisite constitutional majority the following bills of the Senate, by substitute, to-wit:
Senate Bill No. 16. A bill to create the office of State Auditor.
Under the order of business submitted by the Rules Committee th~ following bill, unfavorably reported by the Committee on Agriculture, was taken up for the purpose of disagreeing to the report of the Committee and put bill on its passag~.
Sig. 34--Senate Journal.

1058

JouRNAL OF THE SENATE,

By Mr. Foy of Taylor-
House Bill No. 562. A bill to repeal Act preventing shipment of tick infested cattle into or through State of Georgia.
~fr. Thomas moved that the Senate disagree to the report of the committee:
On the motion Mr. Ellis called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting m the affirmative were :Messrs :

Akin, I.. R. Bond, Chas. N. Boykin, James H. Brown, L. C. Collum, J. ::\1. Da,id, _<\, B. Da,idson, J. E.

Haralson, Pat Johns, G. A. Jones, John H. Jones, 0. K. of 6th llanson, Frank C. Xix, 0. A. Pope, David F.

Taylor, Geo. W. Thomas, Jame; R. Walker, B. :F. Wall Dan Womble, l1. D.

Those voting in the negative were Messrs:

Bellah, J. M. Campbell, R. W. Childs, E. W. Cone, Howell Colson, D. C. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

Hollingsworth, J. C. Holmes, R. H. Hunt, T. :i\i. Hutchens, H. C. .Jackson, J. B. Kimzey, Sam La~siter, W. H. Peacock, C. H. Ricltards, Will

Ridley, Dr., C. I.. Rountree, J. I.. Sheffield, R. H. Snow, Russell E. Tarpley, R. 0. Thorpe, E. M. \Veaver, J. D. \Vohlwender. Ed.

Those not voting were Mess~s:

Golucke, Ahin G. Mills, J. H.

Palmour, ,J, E. :::>to,all, E. B.

Ayes 19, Nays 26.

William~, Wiley lfr. President

THURSDAY, AUGUST 17, 1922.

1059

On the motion to disagree with the report of the committee the Ayes were 19, the Nays were 26.
The motion was lost and the President dePJ&rea the bill lost.
The following bill was read the third time and put upon its passage.

By Mr. DuBose of Clark-
House Bill No. 982. A bill to amend Act for appropriat1on to the Georgia Training School for Mental Defectives.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving au 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. C'has. N. Boykin, James H. Brown, L. C. Childs, E. W. Collum, J. ::\I. Cone, Howell Colson, D. C. Da,id, A. B. Ellis, R. C'. Fleming, Denis Fleming, W. 0. Foy, .John E.

Golucke, Alvin G. Hollingswqrth, J. C. Holmes, R. H. Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam Lassiter, vV. H. :Manson, Frank C. Kix, 0. A. Palmour, J. E. Peacock, C. H. Pope, David F.

Richards, Will Ridley, Dr., C. L. Thomas, James R. Sheffield, R. H. . Snow, Russell E. Tarpley, R. 0 . Taylor, Geo. W. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall Dan Weaver, J. D. Wohlwender, Ed. Womble, }f. D.

rrhose not voting were Messrs :

Campbell, R. W. Davidson, J. E. Haralson, Pat

Hunt, T. M. Hutchens, H. C. Mills, J. H.

Stovall, E. B. Williams, Wiley Mr. President

10p0

.. JOURNAL Ol!' THE SENATE,

,Aye~ 42, Nays 0.

On the passage of the bill the Ayes were 42, the Nays were 0.
The bill having received the requisite constitu tiO:nal majority was passed.
The following bill was read third tirri.e and put upon its passage:
By Mt. ,Ennis of Baldwin-

House Bill No. 204. A bill to appropriate $16,800.00 for purpose of supplying a deficiency in maintainence of the Georgia Training School for Boys.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving an appropriati~n the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs :

Akin,L.R.
Bella.h, J. .M:.
Boykin;..James H.
Collum, J. :u.
Cone, Howell
Da,idson, J. E.
Ellis, R. C.
Fleming, W. o,
:Foy, John E.
Golucke, Alvin G.

. Holmes, R. H. Hunt, T. M. Hutchens, H. C. .Johns, G. .A. .Jone~, Jolin H. .Jones, 0. K. of 6th )!anson, Frank C. )fills, J. H.
Nix, o. .A.
Palmour, J. E.

Peacock, C. H. Pope, David F. Richards, Will Sheffield, R. H. Stovall, E. B. Taylor, Geo. \V. Thomas, James R. Williams, Wiley

Those voting in the negative were Messrs:

Bond, Cha.s. N .. Brown, L. C.

Fleming, Denis Thorpe, E. M.

THURSDAY, AuGusT 17, 1922.

1061

Those not voting were Messrs:

Campbell, R. "' l 'hild~, E. ,Y. l'oJ,on, D. l'. Da\"id, A. B. Haralson, Pat Hollingsworth, J. C. .Jaehon, .J. B.

Kimzey, Sam Lassiter, W. H. Ridley, Dr., C. L. Rountree, J. L. Snow, Russell E. Tarpley, R. 0 . \ValkPr, B. F.

\\"all Dan 'Vea\er, J. D. 'Yohlwender, Ed. ""omble, ::11. D. ::lir. President

Ayes 28, )Jays 4.

()n the passage of the bill the Ayes were 28, the :.Ja~s were 4.

The bill haYing received the requisite constitutional majorit~' was passed.
j!r. Nix moved that the'Benate do now adjourn and the motion prevailed.
Under a previously adopted motion the President amwuncecl the Senate adjourned till 8 p. m. today.

NIGHT SESSION' 8P.M.

The Senate reconvened at this hour and was called to order by the President.

Upon the call of the roll the following Senators answered to their names.

.-\kin, L. R. Bellah, J. M. Bond, Chas. N.
Boykin, _.James H. Brown, L. C.
I 'amphell, R. ,V.
( 'hilcl~, E. W.

l"ollnm, J. ::II. ("one, Howell l'obon, D. C. Da,id, A. B. Elli~, R. C. Fleming, Denis Fleming, W. 0.

Foy, .John E. Haralson, Pat Holling:-;worth, J. C. llolmes, R. H. .)ad<wn, J. B. .Jolms, G. A. .)one:-;, .John H.

1062

.To-cHNAL ()]<' TH~ SENATE,

Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. ~Ianson, Frank C. Nix, 0. A. Palmour, J. E. Pearock, C. H. Pope, David F.

]{ilhards, Will Ridley, Dr., C. L. Rountree, J. L. 1--iheffield, R. H. Snow, Rus;;ell E. Tarpley, R. 0.
Taylor, Geo. '" Thomas, .Tames R.

Thorpe, 1~. ~1. Walklr. B. F. 'Yall Dan \Yea nr, ,J. ]). \\'ohlwender. Eel. \Ynmhle, ~I. D.

Those abseut were:

Da\'idson, J. E. Golucke, Alvin G. Hunt, T. l\L

Hutchens, H. C. Mills, J. H. Sto,all, E. R

\\'illiam~. \\'il,v Mr. President

The following bill was read the third time and put npon its passage:

By :Mr. Carswell of Wilkinson-
House Bill No. 328. A bill to provide for the eleci.l(.ll prescribed by Par. 1, Sc,. 4, Art. 8 ~f t!te Constitution.
The report of the committee, which was fan>rahle to the passage of the bill, was agreed to.
On the passage of the bill the Ayes were 33, the ~ays 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:

B~ l\Ir. Hunter of Chatham-
House Bill No. 885. A bill to empower authorities of all municipalities, etc. to appropriate to main-

THURSDAY, AUGUST 17, 1922.

1063

tainence of the State Sanatorium for Tubucular Patients.
TlH report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill the Ayes were 31, .:\ays 0.
The bill having received the requisite constitutiowtl majority was passed.
The following bill was read the third time and taken up for consideration:

By :Mr. Camp of Campbell-
House Bill Xo. 865. A bill to appropriate certain sums to pay debts due by State on public printing.
Tht> report of the committee, which was favorahle to the passage of the bill, was agreed to.
'he bill involving au appropriation the roll call was ordered and the vote was as follows:

Thosp ,oting in the affirmati,Te were :Jiessrs:

ll<~llah, ,J. :\L Bond, Cha". N. Boykin, .James H. Brown, L. C. Campbell, R. ,V, Child~, E. W. <'ollnm, .J. )I. Cone, Howell Cohoon, D. C.
c. 1-:Jii,, R.

Fleming, Denis Fleming, \V. 0. Foy, John E. llarabon, Pat llullingsworth, J. l'. llnt<henR, H. C. .John", G. A. .June", .John H. ~Janon, Frank C'. Xix, 0. A.

Palmour, J. E. Pope, Da\'id }'. Hichards, Will Rountree, J. L. ~heffield, R. H. Snow, Russell E. Ta~Ior, Geo. \Y. \Yalkl'l', B. F.

1064

JorRXAL OF THE SEXATE,

Those not voting were Messrs:

Akin, L. R. David, _-\, B. Davidson, J. E. Golucke, Alvin G. Holmes, R. H. Hunt, T. :!\L Jackson, J. B. Jones, 0. K. of 6th

Kimzey, Sam Lassiter, \V. H. ~fills, J. H. Peacock, C. H. Ridley, Dr., C. L. t'lto,aU, E. B. Tarpley, R. 0. Thomas, James R.

Thorpe, E. :\I. Wall Dan \Vea,er, J. D. Williams, Wiley Wohlwender, Ed. Womble, :!\:. D. Mr. PresidE'nt

Ayes 28, Nays 0.

On the passage of the bill the Ayes were 28, the Nays were 0.

The bill having received the requisite constitutional majority was passed.

The following bills, read the third time and put upon their passage :

By Mr. Jones of Walker-
House Bill No. 1004. A bill to amend Section of Code defining cruelty.
The report of the committee, which was fayorahle to the passage of th~ bill, was agreed to.
On the passage of the bill the Ayes were 27, the Nays were 0.
The bill having received the requisite constitutional majority was passed.

By Fulton Delegation-
House Bill No. 553. A bill providing for a Temperance Day in Public School.

THURSDAY, AUGUST 17, 1922.

1065

The report of the committee, which was favorable to the passage of the hill, was agreed to.

On the passage of the bill the ayes were 49, the Xays were 0.
The bill having received the requisite constitutional majority was passed.
rrhe following resolution was read and adopted:

By Jones of lhe 37th, Rountree of the 16th, Manson of the :35th, Richards of the 41st, Boykin of the 29th, and others-
Trlureas, This Senate is permeated with a deep sense of devotion to all of those elegant gentlemen and distinguished Georgians who have performed so ably and conscientious]~ their respective duties as officers and semi-official employees;
Aud TVht>reas, These highly esteemed officers and
employees: Hou. Herbert Clay, President; Ron. L.
C. Brown, President Pro Tem; Ron. D. F. McClatchey, Seci"etary; Hou. Adolphus E. Strother, Messenger, and Hon. A. P. Griffin, Doorkeeper, have proved themselves to be institutions in the scheme of preservation of the high traditions of the Old South antl the Xew Progress of this Old South in its maint<'ll<mce of the highest principles of politics and government; and
TVhereas, These men have endeared themselves to the members 9f this Senate whose hearts are so close in mutual respect and esteem as they approach the

1066

Jol:RXAL oF THE SExATE,

regrettable hour of their separation in their official functions;
Thrrefore, Be It Resolved, That this Senate by resolution convey its sentiments, as herein embraced in small measure as compared with the actual heart throbs of ourselves, to these officials and utter friends, and invite the said officials to appear before this Senate in recess immediately and, for the period of three minutes each, offer their benedictions upon and convey their pure sentiments to their devoted friends, the members of this Senate which is upon the eve of its adjournment.
Be It further Resolved, That this Senate recess at once for the period of thirty minutes for the aforesaid purpose.
Acting under the above resolution the acting President announced the Senate recessed for 30 minutes.
The following resolution was read and adopted. .Tones of the 37th-
Be it Resolved, That this Senate, with a pure pledge of mutual love and faith until please God, we shall have passed through the crystal gates of Paraelise, go into regular session.
The following resolution was read and adopted:

By Mr. Moore of Fulton-
House Resolution No. 233. A resolution extending thanks to Miss Wyley for composing music to the song ''Georgia.''

THURSDAY, AUGUST 17, 1922.

1067

The following resolution was read and adopted:

By .Jlr. Rountree and Mr. Davison-
Whereas, the City of Atlanta throughout the present session of the general Assembly, has exerted itself to provide for the free entertainment of every member, and through its various civic organizations, has treated us with the most pracious and lavsih hos-
pitalit~.
1'/wn'fore !J, it Ref:>,olved, That the genuine thanks and appreciation of the Senate be extended to the officials and citizPns of this great city, "The new York of the South," for the wonderful reception giYen us during our sta~ here.
The following l'l'solutiou was read and taken up fnr consideration:

By )[e:ssrs. Boatwright and Bacon of- Emanuel-
House Resolution ~o. 167. A resolution to relieve Hnet~ on Bowl of .T. B. Hall of Emanuel County.
'rlw report of the committee, which was favorable to the passage of the hill, was agreed to.
On thP passage of the resolution the Ayes were 31, 1he Xa~s were :2.
The bill having received the requisite constitutional majority was passed.
The following bill was read the 3rd time and taken UJJ for consideration:

1068

JouRNAL OF THE SENATE,

By Mr. Hollway of Fulton-
House Bill Ko. 651. A bill to appropriate certain sums to the Georgia Training Schools for Girls for maintenance, etc.
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 'vas ordered and the vote was as follows :

Those voting in the affirmative were Messrs :

Boykin, James H. Brown, L. C. Campbell, R. W. Childs, E. W. Cone, Howell David, A. B. Ellis, R. C. Fleming, Denis Fleming, W. 0.

Hollingsworth, Holmes, R. H. Hutchens, H. C. Johns, G. A. Jones, John H. ::IIanson, Frank C. Nix, 0. A. Palmour, J. E. Pope, David F.

Rountree, J. L. Sl.effield, R. H. Snow, Russell E. Tarpley, R. 0. Taylor, Geo. W. Thomas, Jame~ R. Walker, B. F. \\tan Dan Williams, Wile~

Those not voting were Messrs:

Akin, L. R. Bell&h, J. M. Bond, Chas. N. Collum, J. M. Colson, D. C. Davidson, J. E. Foy, John E. Golucke, Alvin G.

Haralson, Pat Hunt, T.lf. Jackson, J. B. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. Mills, J. H. Peacock, C. H.

Richards, Will Ridley, Dr., C. L. Sto\all, E. B. Thorpe, E. 1\:I. 'Veaver, J. D. \Vohlwender, Ed. Womble, :\I. D. Mr. President

Ayes 27, Nays 0.

On the passage of the bill the Ayes were 27, the Nays were 0;

The bill having received the requisite constitutional majority was passed.

THURSDAY, AuGUST 17, 1922.

l'069

The following bill was read the third time :md t<:1.ken up for consideration:

B~ Mr. Mundy of PolkHouse Bill No. 212.

A BILL
To be entitled an Act to amend Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia, by striking the word ''annually'' in the fourth line thereof and inserting in lieu thereof the word ''biennially'' between the words ''and'' and "thereof," so as to provide for the meeting of the General Assembly biennially instead of annually and the manner of submitting same for ratification, 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 paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia be and the same is hereby amended by striking the word "annually" in the fourth line thereof and inserting in lieu thereof the word ''biennially'' between the words "and" and "thereafter," so that when said paragraph 3, Section 4, Article 3 of the Constitution is so amended1 it shall read as follows:
Paragraph 3. Meeting of the General A~sern;bly. ''The first meeting of the General Assembly after the ratification of this Constitution shall be on the fourth Wednesday in October 1878,. and biennially thereafter on the same day, until the day shall be changed

1070

JouR~AL OF THE SENATE,

by law. :No session of the General Assembly shall continue longer than sixty days; provided, that if an impeachment trial is pending- at the end of sixty tlays, the session may be prolonged till the completion of said trial."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed t(l by a two thirds vote of the members elected to each House with_the "ayes" and" nays" thereon and each House with th "yas" and "nays" threon and pu_blished in one or more newspapers in each Congressional District in said State for two months preYious to the time for holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at Haid election in favor of adopting said proposed mnendment to the Constitution shall have written or printed ou their ballots the words "For ratification of Amendment to Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia, providing for the meeting of the General Assembly biennially;'' and all persons opposed to the adoption of said amendment shall haYe written or printed on their ballots the words: "Against ratification of amendment to Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia, providing for the meeting of the General Assembly biennially,'' and if the majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for the ratification thereof, when the returns shall be consolidated, as now required by law in elections for members of the General Assembly,

THURSDAY, AuGUST 17, 1922.

1071

and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.
Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Brown moved that the bill be tabled. )fr. Snow 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. Brown, L. C. Collum, J. :\I. Da,id, A. B. Hollingsworth, J. C.

Kimzey, Sam :\!anson, Frank C. Nix, 0. A. Richards, Will Rountree, J. L.

Taylor, Geo. \V. Walker, B. F.
William~, Wile~

Those voting in the negati,e were Messrs:

HellaJJ, J. M.

Foy, John E.

'l"arpley, R. 0.

Campbell, R. W.

Haralson, Pat

Thomas, James R.

Childs, E. W.

Holmes, R. H.

Thorpe, E. M.

(

Cone, Howell

Hutchens, H. C.

Wall Dan

Colson, D. C. Ellis, R. C.

Johns, G. A. Jones, John H.

\Vohlwender, Ed. \Vomble, M. D.

:Fleming, Denis
Fleming, w. 0.

Ridley, Dr., C. L. Snow, Russell E.

Those not voting were Messrs :

Akin, L. R. Bond, Chas. N. Da,idson, J. E. Golucke, Alvin G. Runt, T. M. .Jackson, J. B.

Jones, 0. K. of 6th Lassiter, W. H. }fills, J. H. Palmour, J. E. Peacock, C. H . Pope, David F.

Hheffield, R. H. Stovall, E. B. \Veaver, J. D. Mr. President

Roads and provide for the dsignation, maintenance,

"1072

JouR~AL oF THE SENATE,

Ayes 13, Nays 23.
On the motion to table the Ayes were 13, the Nays :23, and the motion to table was lost.
The report of the committee, which was fa,orable to the passage of the bill, was agreed to.
The bill being an amendment to the Constitution the roll call was ordered and the vote was as follows:

Those voting in the affinnative were Messrs:

Bellah, J. ~1. Boykin, James H. Campbell, R; W. Ch_ilds, E. W. Cone, Howell Colson, D. C. Da,id, .A. B. Elli5, R. C. Fleming, Denis Fleming, W. 0.

Foy, John E. Holmes, R. H. Hutchens, H. C. Johns, G. .A. .Jones, John H. Pope, David F. Ridley, Dr., C. L. Rountree, J. L. Sheffield, R. H. Snow, Russell E.

Tarpley, R. 0. Thomas, James R. Thorpe, E. M. Walker, B. F. Wall Dan Williams, Wiley \Vohlwender, Ed. Womble, M.D.

Those voting in the negative were :Messrs:

Brown, L. C.

~I<tnson, Frank C. Taylor, Geo. W.

Collum, J. :M.

Xix, 0 . .A.

Weaver, .J. D.

Haralson, Pat

Palmour, J. E.

)

Hollingsworth, J. C. Richards, Will

Those not voting were Messrs :

Akin, L. R. Bond, Chas. N. Da,idson, J. E. Golucke, .Alvin G. Hunt, T. l\1.

.Jackson, J. B. Jones, 0. K. of 6th Kimzey, Sam Lassiter, W. H. ~fills, J. H.

Pea(O<k, C. H. Stovall, E. B-. ~fr. President

Ayes 28, Nays 10.

On the passage of the bill the Ayes were 28, the Nays were 10.

THURSDAY, AUGUST 17, 1922.

1073

The hill having failed to receive the requisite two thirds vote was lost.
~Ir. Snow moved that the Senate reconsider its action in defeating the bill.

The motion was referred to the Committee on Rules.

l\I r. Snow made the point of order as it was the last day of session the motion was in order and was not to be referred to the Rules Committee.
The Chair overruled the point of order. ~Ir. Snow appealed from the decision of the Chair. The roll call was ordered and the vote was as follows :

Those voting m the affirmative were Messrs:

lloykin, James H. Brown, L. C. Chihb, E. W. Collum, J. :.\I. Da,id, A. B. Haralson, Pat

Holling~worth, J. C. Kimzey, Sam :\!anson, Frank C. Xix, 0. A. l'almour, J. E. Riehards, Will

Sheffield, R. H. Taylor, Geo. W. \Yalker, B. F. Williams, Wiley Womble, :.\I. D.

Those voting in the negative were Messrs:

Cone, Howell ( 'obon, D. C. Ellis, R. C. Fleming, Denis Fleming, \\'. 0. Foy, .John E.

Holmes, R. H. Hut<he11s, H. C. .Johns, G. A. .Jones, John H. H.ountree, .J. L. Snow, Russell E.

Tarpley, R. 0. Tl10mas, James R. Thorpe, E. M. \Vall Dan

Those not voting were Messrs:

Akin, L. R. Bellah, .J. ?.1. Bond, Chas. N. ( 'ampbell, R. W. Daddson, J. E .. Golueke, Ah-in G.

Hunt, T. :\I. .Jackson, J. B. .Jones, 0. K. of 6th Lassiter, \V. H. :\1ills, J. H. Peacoek, C. H.

Pope, Da,id F. Ridley, Dr., C. L. Stovall, E. B. \Veaver, J. D. \Yohlwender, Ed. :.\ir. President

1074

.JouHNAL o.F THE SE~ATE,

Ayes 17, Nays 16.

On the appeal the Ayes were 17, the Nays were 16, and the chair was sustained.

The following resolution was read third time and taken up for consideration:

By Mr. Henderson of White-
House Resolution Ko. 129. A resolution to pay old and new class pensioners certain sums for 1922.
The committee offered the following amendments.
''Amend Par. 4 of Resolution No. 129 by adding after the word ''and'' at the end of said paragraph the following ''the sum of $1,250,000.00 appropriated to pay said class of pensioners for the year 1923, shall be used to pay this class of pensioners the amount due each of them in full for said year 1923." Also amend said Resolution No. 129 by adding new paragraph as follows: "Resolved that all laws and parts of laws in conflict with this resolution be and the same are hereby repealed."
The amendments were adopted.
The committee also offered the following amendment:
''Amend by striking the word ''available'' in the 19th line, after the word "funds" and before the word ''in.''
The amendment was adopted:

THuRSDAY, AuausT 17, 1922.

1075

The committee also offered the following amendment:

"Amend hy adding, "Said appropriation be paid to the pensioners without any reference or consideration \YhateYer to that portion of said Paragraph '' D" of Section 13, that reads as follows, "the same to be paid.to that class of pensioners showing a pension prior to the Acts of 1919 and the amount to be the same pairl prior to all Acts of 1910."

'rhe amendment was adopted:

The report of the committee, -\vhich was favorable to the passage of the resolution as amended was agreed to.

The resolution involving an appropriation, the roll call \\-a~ ordt:rel1 and the vote was as follows:

Those voting in the affirmative were Messrs:

Bond, Cha8. X. Boykin, .Jame~ H. Brown, L. C. Campbell, R. \V. t'ollulll ..J. ~[. l'one, Howell Col~on, D. C. Da\"id, A. B. Da,id~on, .J. E. Elli~, R. C. Fleming, Denis Golu<ke, Ahin G.

Harabon, Pat Hollingsworth, J. C. 1-Iut!'hens, H. C. .Jaek,on, J. B. .John~, G. A. .Jones, 0. K. of 6th Kimzey, Sam La~~iter, \V. H. Xix, 0. A. l'almour, ,J. E. Pea<'ock, C. H. Pope, David F.

Riehards, Will Hidley, Dr., C. L. Rountree, J. L. :-;belfield, R. H~ Tarpley, R. 0. Taylor, Geo. W. \Valker, B. F. \Yilliams, Wiley \\"ohlwender, Ed. \\"omhle, ~I. D.

Those voting in the negative were :Messrs:

Bellah, J. :u.
Child~, E. W.
Fleming, \Y. 0. Foy, .John E.

Holme<, R. H.
t;now, Russell E.
Thomas, James R.
Thorpe, E. :u.

\\"all Dan ""ea\er, .J. D.

1076

Jm:RXAL oF THE SENATE,

Those not voting were Messrs:

Akin, L. R. Huut, T. M. Jones, John H.

Manson, Frank C. }Jills, J. H. Stovall, E. B.

l\lr. President

Ayes 34, Nays 10.
On the passage of the bill the ayes we.re 34, the Nays were 10.
The resolution havi~g received the requisite constitutional majority was passed.
Under the order of business fixed by the Rules Committee, the following House bill was read the third time and ta~en up for consideration:

By Mr. Smith of Meriwether-
Honse bill No. 210. A bill to amend an Act to reorganize and reconstitute the State Highway Department.
The Committee offered the following substitute:

A BILL
To be entitled an Act to amend an Act entitled "An Act to reorganize and reconstruct a State Highway Department of Georgia, and to prescribe the duties and powers thereof; to create a system of State-Aid roads, and provide for the designation, maintenance, improvement and construction of the same; to create and provide for a State-Aid Road Fund, and for the control and management thereof; to provide for the paving of State-Aid Roads

THURSDAY, AuausT 17, 1922.

1077

by the State , or in co-operation with the counties or with the United States Government; to provide for assistance to counties upon the Public Roads thereof; and in retiring County Road Bonds; to assent to the Act of Congress approved July 11, 1916, known as the "Act to provide that the United States shall aiel the State in the construction of rural post road, and for other purposes;'' to proYide the right to condemn property for State-Aid Roads in certain cases; and for other purposes'' by striking Section Five (5) of Article Three (3) of said Act, which provides for an Attorney for the State Highway Board, and substituting in lieu thereof a new Section to be known as Section Five (5) authorizing the State Highway Department and the count)r authorities to regulate the maximum load or weight that may be transported over certain bridges and approaches in this State, the giving of notice thereof, and providing of a penalty for the violation of the provisions of this Section, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted b~ the authority of the same, That the Act approved August 18, 1919, entitled "An Act to reorganize and reconstruct the State Highway Department of Georgia, and to presciibe the duties and powers thereof; to create a system of State-Aid Roads and provide for the designation, maintenance, improvement and construction of the same; to create and provide for a State-Aid Road Fund, and for the control and management thereof; to provide for the paving of said

1078

.TorR~AL oF THE SE~ATE,

State-Aid Roads by the State, or in co-operation with . the counties or with the United States Government,
to proYide for assistance to counties upon the public roads thereof, and in retiring County Road Bonds; to assent to the provisions of the Act of Congress appron'd July 11, 1916, known as the "Act to provide that the United States shall aid the State in the con:-;truction of rural post roads, and for other purposes;" to provide the right to condemn propert~ for State-Aid Roads in certain cases; and for other purposes, be amended by striking Section Five (5) of Article Three (3) of said Act and substituting in lieu thereof the following to-wit: Section Five (5). The State Highway Department is authorized to ascertain and determine the maximum load or \veight that can with safety be transported over any bridge and its approa~hes on the State-Aid Road. The eounty authorities iu each county of this State shall han' similar power with respect to any bridge and its approaches within such county not State-Aid Roads. The State Highway Department and the <eounty authorities respectively shall be authorized to post on any such bridge a legible notice showing the maximum amount which has been so ascertained such bridge or its approaches can c.arry with safety, and an~ person hauli1ig, driving or otherwise bringing on any such bridge or its approaches any load or weight exceeding the rated capacity so ascertained and posted, shall do so at their own risk, and neither the State nor County shall be liable for any damage3 to persons or pro:perty that may result therefrom. And it shall be unlawfPl for :my per;;;nn to haul, drive

Tm;RsDAY, AuGusT 17, 1922.

1079

or otherwise bring on such bridge or its approaches, any load or weight exceeding the rated capacity so ascertained and posted, and upon conviction therefor, shall be punished as prescribed in Section 1065 of the Penal Code of 1910.
Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.
The following Senate amendments to the above substitute were read and concurred in:
Amend substitute to House Bill No. 210, by adding a new section to be numbered 2 before the repealing clause, the latter to be numbered appropriately as follows: Section 2. Amend Georgia Highway Laws, Acts of the General Assembly 1919, by adding the following provision to Article 3, Section 3, Paragraph 2:
Provided further, the State Highway Board shall determine the number of employees, designate their place of labor, prescribe their duties, fix their compensation, and also the salary of the Chairman (including the year 1922) who shall devote all of his time and attention to the discharge of the duties of his office, who shall represent the Board and is vested with all the power and authority of same when not in session. No person shall be appointed to or discharged from any position in the State Highway Department without the approval of the Board, or when it is not in session by the Chairman.

1080

.JouRKAL oF THE SEXATE,

Amend by striking out last sentence in Section one which provides a misdemeanor.
The substitute as amended was adopted:
The report of the committee, which was favorable to the passage of the hill by substitute was agreed to, aR amended.
On the passage of the bill the Ayes were 28, the i\ ays were 1.
The bill having received the requisite constitutional majority was passed.
The following bill was read third time and taken up for consideration:

By .)fessrs. (_ 'ulpepper of Fayette and :McMichael of ::\Iarion-
House Bill Xo. 873. A bill to make additional appropriations for the maintainance of the Military Estabishment of State.
The committee offered the fol1owing amendment:
''Amend by striking words ''Of troops on riot or special duty" in 9th line of Sec. 1.
The amendment was adopted.
'l'he report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
The bill involving au appropriation the roll call was ordered and the vote was as follows:

THURSDAY, AuGUST 17, 1922.

lORl

Those voting in the affirmative were Messrs:

Akin,L.R. Bellah, J. l\I." Bond, Chas. N. Brown, L. C. Camphell, R. W. Child!<, E. W.
Collum, J. :u.
Cone, Howell Col~on, D. C. Dadd~on, J. E. Elli~, R. C. Fleming, Denis Fleming, W. 0. For, .John E.

Hollingsworth, J. C. Holmes, R. H. Hutchens, H. C. Jackson, J. B. ,Johns, G .A. Jones, John H. Jones, 0. K. of 6th Lassiter, \V. H. :Hanson, Frank C. ~Iills, J. H. Palmour, J. E. Peacock, C. H. Ri{hards, \Viii Hiclhy, Dr., C. L.

Rountree, J. L. ~heft'ield, R. H. Snow, Russell E. StO\all, E. B. Tarpley, R. 0. Taylor, Geo. W. Thomas, Jame,; R. Thorpe, E. l\L Walker, B. F. Wall Dan Wea\"er, J. D.
William~. Wile~

Those voting in the negative were Messrs:

Boykin, James H. Golueke, Alvin G.

Kimzey, Sam Xix, 0. A.

Pope, D11.vid F. \Yohlwender, Ed.

Those not Yoting were Messrs:

David, A. B. Haralson, Pat

Hunt, T. :.\I. "'omhle, :.\I. D.

Mr. President

Ayes 40, :1\a~s 6. On the passage of the bill the A~es were 40, the Xays were 6.
'rhe bill having receincl the requisite constitutional majority was passed.
The following hill was read the third time and hll\.en up for consideration:
b.' Mr. Ennis of Baldwin-
House Bill Xo. 655. A bill to appropriate $150,000.00 for the purpose of supplying a deficiency in maintenance of Ga. State Sanitorium.

1082

.JorRXAL OF THI-:: SK~ATE,

'fhe committee offered the following amendment.
''Amend by adding the following words, ''That the sum of $40,000.00 be and that same is hereby appropriated to the Board of Trustees of the Georgia State Sanitorium for purpose of completing building )mown as ~urses home, said amount being available as required by the Trustees. Also amend caption of 1-1nid bill to be ameacled to compl~v with above.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill involving au appropriation the roll call was ordered and the vote was as follows:

Those voting iu the affirmative were )Iessrs:

Bellah, J. 2\1. Bond, Chas. N. Campbell, R. W. Child~, E. W. l"ollum, J. )!. Cone, Howell Da,id, A. B. Daddwn, ,J. E. Elli~, R. C. Fleming, Denis Fleming, W. 0. }'oy, .John E. Haral~on, Pat

Holling~worth, J. C. Holme~, R. H. Hutehens, H. C. .John~, G. A. .Jone>, John H. Jone~, 0. K. of 6th J(imzey, Sam La~~iter, '" H. ::\Ian>on, Frank C. ~!ill~, J. H. Xix, 0. A. Palmour, J. E. Pope, Da,id F.

Ri1hard,;, Will Ridley, Dr., <..:. L. Rountree, J. L. Sheffield, R. H. Snow, Rus~ell E. Tarpley, R. 0. Taylor, Geo. W. Thoma,, Jatne' R. Thorpe, E. M. \YalkPr. B. F. \\'ohlwender, Ed. \\'omhle, )I. D.

Those not voting were )lessrs :

.\kin, L. R. lloykin, James H. Brown, L. C. ( 'ol~on, D. C. Gohl('ke, Aldn G.

Hunt, T. )1. Jackson, J. B. Pea<'ock, C. H. StoYall, E. B. Wall Dan

'Yea,er, J. D. \YilliamR, Wiley l-Ir. President

Tm:RSDAY, A-cGl.JST 17, 1922.

108~1

A~es 3~, i\ ays 0.
On the passage of the bill the ayes were 38, the uays were 0.

The bill haviug received the requisite constitutiowtl majorit~ was passed.
'l'he following resolutiou was read and adopted:

B '" "3lessrs. l\!ansou and Foy-
A resolution providiug for a vVorld 's Fair and ::\Inritime Exposition in Georgia 1926.
The followiug message was received from the House through Mr. Moore, the Clerk, thereof:

.1/r. Preside11f:
The House has disagreed to the Senate amendment to the following bill of the House to-wit:
House Bill Xo. 873. A bill to appropriate additional funds for the maintenance of the military E>stablishmeuts of the State of Georgia.
}lr. Lassiter moved that the Senate recede from its amendment to House Bill No. 873 and the motion prevailed.
The following bill was read the third time and taken up for consideration:

B~ Messrs. \Villiams of Harris and \Villiams of Walton-

1084

JouR:XAL oF THE SEXATE,

House Bill No. 796. A bill to reorganize and reconstitute the State Highway Department.
'rhe committee offered the following substitute:

An Act to amend an Act entitled "An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the powers and duties thereof. To create a system of State Aid Roads and provide for the designation, maintenance, impron~ment and coustruction of the same. To create and provide for a State Aid Road and for the control and management thereof; to provide for the paving of said State Aid Roads by the State, or co-operation with the County or with the United States Governmen; to provide for assisance to counties upon the public roads thereof and in retiring road bonds, to assent to the provisions of the Act of Congress, approved July 11, 1916, known as the "Act to provide that the United States shall 'aid the State in the construction of rural post roads; to provide for construction and maintenance of State aid roads within the co-oporate limits of certain towns and cities; aud 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 Provision 5, Section 5, Article 5 of Georgia Laws of 1919, and amendments thereto, Act 1921, to reorganize and reconstitute the State Highway Department of Georgia and to prescribe its powers and duties be amended by adding at the end of said Provision, Section and Paragraph the following: "Provided said State Highway Board is

THURSDAY, AUGUST 17, 1922.

1085

authorized to construct and maintain State Aid Roads in and through towns or cities of not more than twenty-five hundred people.
Section 2. 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.
The above oommittee 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 30, the nays were 0.
The bill having received the requisite constitutional majority was passed by substitute.
The following resolution was read and adopted:

By Ji~leming of lOth, Golucke of 19th, Clay of 39th-

A RESOLUTION
Be it Resolved by the Senate of the State of Georgia, and it is hereby resolved by authority of the same, that the thanks of this body be, and they are hereby returnd to the citizens of Fulton County and City of Atlanta for the courtesy extended to the members of this body by the presentation of admission cards to the various civic organizations enumerated on said cards.
The following message was received from the House through Mr. Moore, the Clerk thereof:

1086

,JorRXAL oF THE SEXATE,

Mr. President:
The House has read and adopted the following Resolutions of the Senate, to-wit:
Senate Resolution .No. 113. A resolution providing for a World Fair and Maritime Exposition in Georgia in 1926.
The House also concurred to Senate Substitute to the following bill.
House Bill No. 796. A bill to reorganize and reconstitute the State Highway Department.
The following message was received from the House through Mr. Moore, the Clerk thereof:

11Jr. President:
The House has read and concurred in the Senate amendments to the following bills and resolutions of the House, to-wit:
House Bill No. 626. A bill to amend an Act to levy and collect annually a tax for the support of State Goven1ment.
House Resolution No. 129. A resolution to pay old and new pensioners certain sums for 1922.
House Bill No. 233. A bill to appropriate to the Board of Trustees of the University of Georgia, for the use of the South Georgia Normal College at Valdosta, certain sums of moue'y and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:

THuRSDAY, AuGUST 17, 1922.

1087

Jllr. Presidr>nt:
The House has passed b~r the requisite constitutional majority the following bills of the Senate, towit:
Senate Bill No. 38. A bill to provide a uniform county commissioner's law for such counties as may require a commission form of county government composed of a Board of County Commissioners, and for other purposes.
The following bills and resolutions of the House were read the third time and placed upon their passag-e:

B~r l\Ir. Luke of Ben Hill-
House Bill No. 167. A bill to amend an Act codifying school laws relative to teaching vocal music.
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 48, )\ays 0.
The bill having received the requisite constitutional majority was passed.

By l\Ir. McDonald of Richmond-
House Resolution No. 225. A resolution provid-. ing a library for Judge of the Federal Court of Southern District at Augusta.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.

1088
On the passage of the resolution the Ayes were 35, Xays 0.
The resolution having received the requisite constitutional majority was passed.
Mr. Bond, Chairman of the Committee on Enrollment, submitted the following report:
J.11 r. President:
Your Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House of Representatives the following bills and resolutions, to-wit:
Senate Resolution No. 83. A resolution to empower Secrtary of State, of State of Georgia to sign the marketing agreement of the Georgia Cotton Growers Co-operative Association and thereby bind the State of Georgia by all the terms and obligations therein contained and set forth.
Senate Bill No. 224. A bill to provide additional grounds for revoking the licenses to do business in Georgia of companies engaged in the business of insuring against liabilities of various kinds.
Senate Bill No. 148. A bill to amend an Act establishing a charter for City of Calhoun.
Senate Bill No. 161. A bill to repeal an Act to establish the City Court of Alma.
Senate Bill No. 167. A bill to establish public school system for Sparta.

THURSDAY, AuGusT 17, 1922.

1089

Seuate Bill No. 172. A bill to amend an Act relative to the abolition of Justice Courts and the offices of Justice of the Peace and Notary Publics ex-officio .Justice of the Peace in certain cities.
Seuate Bill No. 182. A bill to fix compensation of Treasurer of( 'layton County.
Senate Bill No. 189. A bill to create the City Court of Summerville for the County of Chattooga, Georgia.
Senate Bill No. 193. A bill to repeal an Act incorporating the Town of Crest in the County of Upson, State of Georgia, defining its corporate limits, providing for privileges in same, etc.
Senate Bill No. 213. A bill to amend an Act to create a new charter for the Town of Statham, to fix the incorporate limits, to create officers of said town, define their duties and for other purposes.
Senate Bill Xo. 214. A bill giving authority of the Federal Government to establish rules and regulations for the protection of game, fish, and birds.
Senate Bill 218. A bill to incorporate City of .Jesup, to provide for election of officers and fixing their salaries, term of office, right of taxation and other purposes.
Senate Bill No. 219. A bill to repeal Act amending road laws of Georgia in Gordon County.
Senate Bill ~o. 237. A bill to repeal an Act to
Pstablish the Public School System in the Town of Richland.
Sig. 35-t-lenate .Journal.

1090

JOURNAL OF THE SENATE,

Senate Bill No. 242. A bill to amend charter of City of Covington.
Senate Bill No. 258. A bill to amend an Act abolishing the Board of Roads and Revenues and creating the Board of Commissioners for the County of Walker.
Senate Bill No. 270. A bill to amend Section 755 of Vol. 1 of the Code of Georgia of 1910 as to building bridges over water courses dividing counties.
Senate Bill No. 1. A bill to amen.d Par. 2, Sec. 1, Art. 11 of the Constitution of Ga. so as to create new County of Peach.
Senate Bill No. 176. A bill to amend an Act and to reorganize and reconstitute the State Highway Department of Georgia.
Senate Bill No. 262. A bill to provide for further regulation with regard to the practice and procedure in the General Courts of this State.
Senate Bill ~o. 198. A bill to provide for the licensing of Nurserymen, etc.
Senate Bill No. 323. An Act to amend an Act approved Feb. 2, 1877.
Senate Bill No. 38. An Act to provide a uniform County Commissioners Law for such counties as may require a commission form of county government.
Senate Bill No. 39. An Act to provide for thereturn and transmission of interrogatories taken under the provisions of Article I and II of Chapter 6 of the sixth title of the Code of Ga.

rrHURSDAY, AuGUST 17, 1922.

1091

Senate Bill84. An Act to permit all corporations heretofore or hereafter incorporated by the Scretary :;f State to increase their capital stock by the issuance of non-par stock.
Senate Bill No. 86. An Act to permit all corparations now incorporated by the Secretary of State except insurance, bank and trust companies to issue non-par stock.
Senate Bill No. 122. An Act to amend Section 3931, Paragraph 6, of the Code of 1910, so as to make the mother an equal heir with the father, brothers and sisters of a deceased intestate.
Senate Bill No. 174. An Act to amend Sec. 958 of Penal Code, to provide bail in misdemeanor cases.
Senate Bill Xo. 221. An Act to abolish the fees accruing to the office of solicitor general in Criminal cases in the Southern Judicial Circuit of this State.
Senate Bill Xo. :-303. Au Act to amend an Act approved August 17, J920, creating a new charter for the City of Tifton.
Senate Bill Xo. 304. An Act to amend an Act incorporating the Cit~ of Valdosta.
Senate Bill X o. 308. An Act to amend an Act creating a Boar<l of Commissioners for Haralson
Count~-
Seuate Bill Xo. 322. An Act to repeal an Act incorporating th<' Tom School District in Emanuel and .Jolmson Counties.

1092

.J<WHXAL OF THE SENATE,

Senate Resolution 107. A resolution to relien the bondsmen of one Percy Hubbard.
Se11atc Bill l\o. 275. Au Act to amend au Act to Jno,idc for a s~stem of Public Schools in and for the City of Alban~-.

Senate Resolution No. 113. A resolution providing for a world's Fair and Maritime Exposition in Georgia iu 1926.

Senate Bill Xo. 7. To provide for a secret and private ballot at all elections held in this State.
Senate Bill X o. 47. To declare that g-rowing crops shall be personalt~-, to provide that mortgages N oU1er liens or couyeyanct>s thereof shall b0 1l't:<Jtd,d as chattel mortgages, to provide that no lev~' 011 umnatured crops shall be made, and for other purposes.

Senate Bill Xo. 63. To amend an Act to regula tc ha11king in the State of Georgia.
Senate Bill Xo. 196. To create a Board of County Commissioners of Roads and Revenues for the County of Dougherty, to provide for the election of members thereof; to prescribe their powers, duties, qualifications and compensation and for other pur-
]JOSPs.
Se>nate Bill Xo. 209. To repeal the Act approved August 18, 1919, abolishing the fee system in the Soutlwm Judicial Circuit as applied to the office of Solicitor General, and for other purposes.

'rHuRsDAY, AuausT 17, 1922.

1093

Senate Bill ..No. 299. To amend Section 3037 of Volume 1 of Code of Georgia providing for the appointment of guardians for minors and givi_pg the mother preference in such appointment, to amend Section 3038 of Civil Code relating to the appointment as guardians for minors.
Senate Bill No. 274. To amend the present charter of the City of Albany and Acts amendatory thereof, to provide for the selection of :five commissioners from each of the :five political wards of the City of Albany in lieu of the present Mayor and Council.

Senate Bill No. 60. To amend an Act entitled an Act to create awl establish the Securities Commis-
HlOll.
Seuate Bill X o. :~21. A bill to amend an Act to ereatc a new charter for Town of Sharron.
Uuder the Order of Business :fixed by the Rules Committee the following House Resolution was read the third time ancl taken up for consideration:

By Mr. Arnold of Clay-
Hou.,;e Resolution No. 190. A resolution to make appropriations for stationery used by the General Assembly during the year 1920, 1921, 1922, 1923.
The following amendments were read and adopted:
Committee amends by adding m appropriate places the following:

. 1094

JocRNAL oF THE SENATE,

1. To appropriate the sum of $5,000.00 as contin-
. gent fund for the Governor. 2. To appropriate the sum of $10,000.00 to pay for additional insurance premiums for the State.

3. To appropriate the sum of $5,000.00 to the Railroad Commission to defray the expenses of the Commission for acting as Commissioner for distribution of coal.
4. To appropriate the sum of $6,000.00 for the keeper of public buildings and grounds to provide for deficiency.
5. To appropriate the sum of $5,000.00 to the University of Georgia on account of a mistake in the General appropriation for this institution.

6. To appropriate the sum of $4,400.00 to the Department of Printing to take_ care of clerical assistance and maintenance of this department.

7. To appropriate $3,000.00 to cover deficiency in incidental for supplies furnished the Senate and House for the years 1921-22; payable on approval of Secretary of Senate and Clerk of House.

By Mr. Haralson of 40th-
8. .Amend by striking the figures '' $1,200.00'' wherever they occur in the resolution and inserting the figures $2,000.00 '' also amend by inserting after the word ''stationery'' where it occurs the words ''and printing."

THURSDAY, .AUGUST 17, 1922.

1095

By :Mr. Walker of 18th-

9. Amend by adding the following: "That the sum of $7,500.00 be and the same is hereby appropriated for the lOth District .Agricultural College located at Granite Hill in Hancock County for the maintenance, repairs and equipment of the buiUJing:g and grounds of said college.''

10. Amend by adding the fo1lowing: '' $184.30 is hereby appropriated to the Secretary of the Senate to cover deficiencies in fund for incidentals furnished the Senate, which have been paid by him for sessions 1921-22.

11. Provide for two extra doorkeepers and two extra assistant messengers for the Senate, all of the above to be paid by the Treasurer upon approval by the Secretary of the Senate or President of the Senate.

12. Committee also amends the caption in confo_rmity with above.

The report of the committee, which was favo:ra.ble to the passage of the resolution as amended, was agreed to, as amended.

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. Brown, L. C.

Campbell, R. W. Childs, E. W. Collum, J. M. Cone, Howell Colson, D. C.

David, .A. B. Ellis, R. C. Fleming, Denis Fleming, W. 0. Foy, John E.

1096

JOURNAL 0.1!' THE SEN ATE,

Golucke, Alvin G. Hollingsworth, J. C. Holmes, R. H. Hutchens, H. C. Jackson, J. B. Johns, G. A. Jones, John H. Jones, 0. K. of 6th Kimzey, Sam

Lassiter, W. H. Nix, 0. A. Pope, David F. Richards, Will Ridley, Dr., C. L. Rountree, J. L. Snow, Russell E. Stovall, E. B. Tarpley, R. 0.

Those not voting were Messrs :

Taylor, Geo. W. Thomas, James R. Walker, B. F. Wall Dan
Weaver, J:. D.
williams, Wiley
Wohlwender, Ed. Womble, M. D.

Davidson, J. E. Haralson, Pat Hunt, T. M. 1Ianson, Frank C.

1iills, J. H.
Palmour, J. E.
Peacock, C. H.
Sheffield, R. H.

Thorpe, E. M. Mr. P1esident

Ayes 41, Nays 0.

By unanimous consent the verification of the roll call was dispensed with.

01i the passage of the Resolution the Ayes were 41, the Nays were 0.

'fhe resolution having received the requisite constitutional majority was passed as amended.

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

illr. Presidenll:
The Ho:lise has agreed~ in Senate amendments
Numbers 1, 2, 6, 7,8, 9, 10, 11 and 12, and disagreed to amendments Numbers 3, 4 and 5 of the following resolution of the House, to-wit:
House Resolution No. 190. A resolution to make appropriations for stationery used by the General Assembly for years 1920, 1921, 1922 and 1923.

THuRSDAY, AuGusT 17, 1922.

1097

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

Mr. Pn,sident:
The House insists on its disagreement to Senate amendments Nos. 3, 4 and 5 to House Resolution No.
l?O, known as the Stationery Resolution, and request
the Senate to appoint a conference committee.
The Speaker has appointed as a conference committee on the part of the House, the following members, to-wit:

Messrs. Arnold of Clay, Dykes of Dooly, Bowden of Ware.

The President appointed the following as a conference committee, on part of the Senate on House Resolution No. 190.

Messrs. Walker of 18th, Wall of 5th, Hutchens of 38th.
The following report of the conference committee on House Resolution No. 190 was read and adopted:

Mr. PrPsid.ent:
Your Committee on Conference of House Bill No. 190, report: We recommend that the Senate recede

1098

JouRKAL OF THE SENATE,

as to amendment No. 5 and the House agrees to recede as to. Nos. 3 and 4 and we agree that amended No. 3 be a revolving fund and revert to the Treasurer.

On part of Senate : B. F. WALKER,
DAN WALL,
H. C. HuTCHENs,

On part of House :
ZACH ARNOLD,
J. E. T. BowDEN, E. B. DYKES.
The following message was received from the House through Mr. Moore, the Clerk thereof:

J.Vlr. President :
The House has adopted the report of the Conference committee on House Resolution No. 190.
Th~ House has read and adopted the following resolution, to-wit:
A resolution, That a committee of five be appointed, two by the President of the Senate, and three by the Speaker of the House, to notify the Governor that the General Assembly has completed its work and is now ready to adjourn sine die, and awaits its pleasure.

THURSDAY, AUGUST 17, 1922.

1099

The Speaker has appointed the following committee on the part of the House, under the above resolution:

:\Iessrs. Mundy of Polk, \Vatkins of Butts, Wyatt of Troup.
The following resolution was read and adopted:

By :Mr. Mundy of Polk-
A Resolution,, That a committee of five be appointed, two by the President of the Senate and three by the Speaker of the House, to notifiy the Governor that the General Assembly has oompleted its work, and is now ready to adjourn sine die.
The President appointed as a committee on the part of the Senate, under the above resolution, the following:

:Messrs. Thomas of 3rd, Manson of 35th.
The following resolution was read and adopted:
By Mr. Nix-
Senate Resolution No. 114. Resolved that the Senate do now adjourn sine die.
The following message was received from the House through Mr. Moore the Clerk thereof:

111/.1\ f:rf'l~tm~ :',
The House has read and adopted the following resolution of Senate, to-wit:
Senate Resolution No. 114. Resolved that the General Assembly do now adjourn sine die.
The President announced the Senate adjourned sine die.

INDEX
TOTBE
SENATE JOURNAL
REGULAR SESSION
1922

D
INDEX

PART I.

SENATE BILLS.

A

ABSE~T VOTER (see Elections).

ADDRESS-

GoYernor __ ----------------------------------------

48

AGRICULTURAL SCHOOLS AND COLLEGES (see Ap
propriations). Establish South Georgia Agricultural College _____ 31 701 943 Establish A. and ~L School at Forsyth_______ ------- 32 285

ARCHIVES-

To repeal Act creating Department of_______________

-50

ATTORXEY-GENERALCreate office of Assistant to ------------------------ 403 807

AUDITOR, STATE-

Provide for---------------------------------------

203

AUSTRALIAN BALLOT (see Ele~tions).

AUTOMOBILES (see Motor Vehicles).

1104

IXDEX.

B

BAIL-

To provide for in misdemeanor eases BANKS AND BAXKIXG-

13 14~ 0

To regulate ---------------------------------------

281

To amend Art to regulatt' (287) --------------------

545

BARBER8---'l'o regulat~ praetire of the oceupation of_ ________ '" 142 434

Bl:OGET C'OMMISSIOX-

To rstablish

277

Bl:RGLARYTo. fix punishnwnt. for----------------------------- 2i 273

BURJ<JAU Ol~ MARKETS-To aboli~<h

1a2 209

c

CATTLE (sf.'e Live Stoek).

('~;RTIORARI-
Procedure for application for------------------ 204 251 338 Rcmed.v for applirant of (251) _-------------------- 304 734

('HAR'J'ERS AND CORPORATIONS, MUNICIPAL-
Crest, J'cpeal ---------------------------------- 134 237 25:-l Statham, create ------------------------------- 204 251 272 Jesup, incorporate ---------------------------- 205 412 433 Ualhoun, amend ----- ____ ---------------------- 134 237 253 Covington, amend ----------------------------- 262 392 432 Albany, amend ------------------------------- 450 471 537 Lincolnton, amf.'nd ----.--------------------- ___ 488 577 592

INDEX.

1105

Townsend, incorporate --------- _- --------- 545 577 5~3 1021

Permit municipalities to appoint Recorder p1o tem. --:-

60S

E"astman, create _____ --------------------- 609 635 691 704

Alma, amend -------------------------------------- 623 Tifton, an1end --~----------------------------- 623 778 825
Valdosta, amend ------------------------------ 623 778 826

Richland, amend ---------------------------------- .684 Crawfordville, amend-------------------------- 729 762 826

Sharon, amencl ------------------------------------ 757 762

CHATTAKOOGA RAPID TRANSIT CO.Surrender of charter of---------------------------- 404 433

CODE AMENDMENTS-

Section 2036, Stock Law __ - -----------------------

130

Section 4, paragraph 3, article 3 --------------------

135

Section 27i, divo1ces -------- .. -------------------.

136

Section 967, criminal docket -----------------------

137

Amend relative to bail in misdemeanor cases _____ 13 142 242

Amend relative to electing Railroad Commissioners__

163

Section 4381, amend -------------------------- 163 217 252 Section 2615, members of Railroad Commission_.---- 206

Amend, execution of deeds (227) --------------- 213 412 482

Amend, employment agencies ---------------------- 213 452 Amend, road tax in certain counties (S. B. 229)------ 213 308

Section 2484 (S. B. 234) ---------------------------

238

Amend, relative trust companies (S. B. 240) . 250 427 480 746

Amend, enlarge time of redemption under tax sale____

325

Section 755, amend (S. B. 270), ferries---------- 404 577 688 Section 1249, Crawford State Depository_. ______ 487 634 688

Section 5716, amend (S. B. 282) -------------------- 488

Amend, testamentary guardian (S. B. 296) --------- 609 734

Amend, natural guardian (S. B. 298) --------------- 609 735

Amend, appointment of guardian (S. B. 299) ---- 610 735 944

Section 4464, repeal, abducting wife (300) ---------- 610 735

Section 4467, repeal, liquors to miner (301) -------- 610 735

Amend, Academy for Blind (312) ------------------

684

Amend, University of Georgia (313) . ---------------

684

Amend, college at Bowdon (314) -------------------

684

COMMISSIONERS OF ROADS AND REVENUEWayne County, abolish
Sig. 36-Senate Journal.

134 292 310

1106

INDEX.

Wayne County, supervisor -------------------- 134 292 310

Dougherty County, create ---------------------- 142 470 541

Hancock County, repeal _---------------------- 281 308 336

Walker County, amend ---------------.--------- 325 427 457

Warren and Taliaferro, amend ---------------------

479

Early County, amend -------------------------- 487 614 655

Houston County, repeal ----------------------- 608 634 689

Houston County, create ------------------------ 609 634 690

Haralson County, amend --------- _------------ 625 684 706

Wilcox County, repeal ----------------------------- 685 735

Wilcox County, amend ---------------------------- 685 736

Method of creating (S. B. 38) ---------------------- 802 808

Warren and Taliaferro Counties -------------------- 901 971

COMMITTEES, CONFERENCE (see Reports of).
On Free Text Book Bill -------------------------- 447 1057 On Australian Ballot Bill (S. B. No. 7) ------------- _ 785 On Stationery Resolution (H. R. 190) -------------- 1097

COMMITTEES, SPECIAL-

'fo notify GoYernor ------------------------------

i5

On soft drinks ------------------------------------

232

Hall of Fame ---------~---------------------------

286

On soft drinks ------------------------------------

292

On funeral Judge B. H. Hill------------------------

293

On Australian Ballot Bill (S. B. No. 7) -------------

560

To verify department reports _---------------------

.i62

COMMITTEES, STANDIN"G (see Reports of).

COMMON CARRIERS (see Railroads, etc.).

COMMUNICATIONS-

Georgia American Legion --------------------------

271

Mayor of Savannah ------------------------------- 418 467

H. J. Fullbright, State Tax Commissioner -----------

462

Invitation to Brunswick _____ ----------------------

546

Atlanta Bar Association --------------------------, 708

American Legion ----------------------------------

727

CONSPIRACY-

To regulate when to hinder business

163

ISDEX.

1107

COXSTlTUTIOXAL AMENDMENTS-

.~rticle 11, section !, paragraph !, tel'lll of county offic~rs ------------------------------------- 138 144 274
.\mend, to eonsolidate offices of tax reeeiver and tax

collector ---------------------------------------- !49 634 Amend, taxes on all recorded instllnments, etc.________ 250 Article 8, section 4, parag1aph 1, amend {149), relative

to schools -------------------------------------- 282 63-l

Amend, to sell highway bonds {264) ---------------- 317 738

906 914 949 1031

Amend, add section 18 to article I (255) ------------ 317 738

.~end, how proceeds of highway bonds used (156}..

317

Amend article 1, section J, paragraph !2, carrying

pistols------------------------------------------ 319

.\.mend, jury service (&. B. !79) -------------------- 487

.\men<l, terminals at port --------------------------

545

Amend, relative to State's water power ------------. 354 843

Amend, registered voters (307) --------------------- 625 682 .Amend, limit authority of counties to levy taxes. 134 756 859

CONVICTS (see County and County Matters).

Abolish oorporal ponishment -----------------------

13

CORPORA'l'IONB-
To issue nonpar stock ---------------------------- 299 309
COUNTY TREASURERS-
Clayton t'ounty -------------------------------- 32 191 310
COURTS, CITY .\:YD QOUXTY-
Summerville, ereate --------------------------- 135 al'i 243 Count;y Court of Ohattooga, repeal ------------- 135 217 241 Eastznan, amend -----------------------~------ 392 412 432 Blakel;y, alllend ------------------------------- 488 614 653 Alma, amend ------------------------------------- 695
OOURTS, JUVENILE-

To establish ---------------------------------- 164 217 926

1108

INDEX.

COURTS, MUNICIPAL-
To amend for Atlanta, clerks, affidavits ------------- 12 243 Atlanta, increase jurisdiction ------------------ 545 577 592

COUR'l'S, SUPERIOR-
Time of Cordele Circuit ---------------------- 239 263 289 Barrow County, change time ------------------- 487 545 578

COURTS; SUPREME-

Prescribe bill of costs in cases to

608

CREDIT UNIONSProvide for incorporation of ----------------------- 262 704 D

DRUGS-

Require manufacturers to label with formula

205

E

EDUCATION (see Schools and School Laws).

ELECTIONS AND ELECTION LAWS (see Constitutional

Amendments).

Provide for absent voters --------------------------

27

Australian Ballot Bill ------------------------- 559 779 782

EXECUTIVE SESSIONS ---------------130 152 419 695 862 987

F

FEES (see Solicitor-Generals).
l'ISCAL YEARTo prescribe for each county -------------------- 14 292 460
FIREARMsTo destroy in certain instances -------------------- 164 734

INDEX. .!<'ISH (see Game and Fish) .

llO!l

.FORESTS, ETC.Promote forestry interests

324 550 904

G

GAME AND FISH-

Establish rules and I'egulations for Department of____

204

Game Commissioner to eo-operate with U. S. Depa1t-

ment of Agriculture ------------------------- 204 309 338 Amend Act to protect fur-bearing animals____317 334 440 801

Protect game animals and birds (269) ---------- 403 703 842 Prohibit catching of fish by seines, nets, traps, etc. 545 577 987

Prohibit use of another person's boat -------------- 623 703

GEORGIA MILITARY COLLEGE, MILLEDGEVILLEProvide local board of trustees -------------------- 550

GEORGIA XORMAL AXD INDUSTRIAL COLLEGE,

MILLEDGEVILLETo ~hange name of (H. B. 474)

430 449 692

-GEORGIA SCHOOL OF TECHNOLOGY-

Charge tuition ------------------------------------

203

GE"ORGIA TRAINING SCHOOL FOR BOYSTo proYide punishment for boys-------------------- 203 790

H

HIGHWAYS (see State Highway Commission).

HOTELS, !NXS, BOARDIXG HOT:SES, ETC.Require posting of rates _------------------ 316 334 537 790

1 ~ 10

IXDEX.

I

1::.\Sl'R.-\ XCE-

Regulate and taking fin insurance policies ______ 164 z:w 19i'

Provide for revocation of lictmse -------------- 20:; 2:~1 2R!I

Amend section 24 of Insurance Laws (318)----------

/2S

Organization of mutual companies (319) ------------

7~'!

IXYESTMEXT COMPAXIEsTo repeal Ad creating business of------------------ l:l;'i /02

IXV1TATIOXS-

To sheriffs barbecue -------------------------------

!I

First Presbyterian Church --------------- __ -------

}.30

J

JOIXT SESSIOXR (419)-

,Jl'DGE8Rotation of .Judges -------------------- 2(il BOS 4()() 470 1~4

JCDICIAL ClRClTITS-

Tifton Judicial Circuit, re-arrange (8. B. 195) 136 217 74i l:i!l Stone Mountain Circuit, new Judge_____________ 213 283 441

.Additional Judge Chattahoochee Circuit -------------

~(i2.

Construction of Judicial Circuits _------------------

.')()7

K

KIXDERGARTEXS-To establish

624 SOil 904

L LIQUOR AND LIQUOR LAWS (see Prohibition). LIVE STOCK-
To rPpeal Act relative to shipping tick infested cattle 963 1038

INDEX.

1111

MASKS, ETC.-

Prohibit wearing of masks ------------------------

567

MATERNITYAeelpt l<'ederal Govetnment appropriation ___________ 209 334

MERCHANDISE-

Regulate sale of stocks of goo'ds --------------------

609

A-:ESSAGES, GOVERNOR-

Address of Go\ernor ------------------------------

48

Messages ------136 149 199 341 412 416 444 464 491 561 598

099 615 650 663 716 825 983 1007 1020 1049

MESSAGES, HOUSE-
4 5 6 6 24 129 139 153 154 169 171 184 185 207 207 220 220 234 235 236 237 247 248 266 267 268 290 291 315 316 328 328 390 391 416 417 430 430 453 454 475 476 479 537 538 538 551 :j51 552 552 563 564 ;)6:) 581 582 590 616 619 620 620 618 621 622 669 670 671 70!) 711 712 713 739 740 747 748 749 750 751 762 763 764 852 853 853 854 854 855 866 879 879 884 885 885 886 887 887 888 919 924 924 925 960 961 962 976 97'7 983 988
988 992 1006 1006 1011 1012 1012 1031 1039 1040 1041 1055 1055 105() 1057 1083 1085 1086 1087 1098 1100

.MJ~OR CHILDREX-

To provide guardiansl1ip

]3

MOTOR VEHICLES-

'fo amend law of (S. B. 216) ------------------- 204 576 689

To stop at covere<l bridges --------------------- 238 291 400

To amend Jaws of (S. B. 236) ------- ____ ------- 249 411 69'~

To reguate use of, on highways---------------- 281. 576 922

Hcgulate motor ,chicles that are eommon caniets____ 325 945

Amend Georgia Motor Vehicle Law (267) -----------

403

lJ12

I~DEX. ~

~URSERYMEN-
To license

0

OFFICERS OF LAW-

Prohibit from advising defendants to plead guilty___

i!JU

To suspend for negligence ------------------------- J()/ i02

OTLS AND GREASES (sec Taxes, ete.).

OPTOMETRYAmend Act creating Board of Examiners ------------ 403 68:1 p

PARKS COD!<~-

Sufficient number ---------------------------------

:ll

3-SJ<;~ATE JOURNAL-INDEX-

BOO~E

PE~ALTIES-

.-\mend Act 1912, certain penalties ------------------

20li

PENSIO~S-

Dl:'fine who shall draw -----------------------------

40!

PERSONAL PRIVILEGE-

Jones of 37th -------------------------------------

lJ::i

Senator Campbell ---------------------------------

157

On speech in Quitman ----------------------------- 321 322

On certain newspapers -----------------------------

405

PHARMACY-

To revise laws of----------------------------------

86'

INDEX.

1113

. POOL AXD BILLIARD ROOMS-

To abolish ----------------------------------------

12

PRACTICE AND PROCEDURETo further 1egulate ___ ---------- _------------- 325 412 689

PRIMARY ELECTIONS (see Elections, etc.).

PROHIBITION LAWS-

To amend-----------------------------------------

325

PROPERTY-

Provide disposition of belonging to persons dying at

certain tin1e ------------------------------------

161

PUBLT(' PRIXTIXG--

:lOO Copies Sennte Bill ::\S _-------------- ____ -------

305

PrBLl<' SAFETY--J30

R

1-IATLROAD COMMISSIOX-
Change name> to Georgia Public Service Commission_ 262 308 Abolish offi<P of Special Attorney to ---------- 404 452 473

RAILROADS A:'\D STREET RAILROADS-

To prc,vide S]H'<'ial officers -------------------------

163

REAL ESTATE COMMISSIONTo create for State---------------------------- 450 576 986

REGISTRATION (see Elections, etc.).

RELIEF OF SURETY-

L. B. Williams------------------------------------

289

lll4

IKDEX.

W. K. Brooks --------------------------------- 404 577 654 P. P. Jackson on Price Hubbard --------------- 708 736 970 P. 1'. Jackson on W. C. Wood---------------------- 708 7a6

l{EPORTS OF CONFERENCE COMMITTEES-
On Australian Ballot Bill (S. B. No. 7) ------------S. B. No. 4l Free Text Book Bill -------------------

984 1056

REPORTS OF SPECIAL COMMITTEES-

Joint Tax Committee ------------------------------

7

On Board of Regents ------------------------------

19

Of Mansion Leasing Committee -------------------- _

36

On salary reports----------------------------------

429

On soft drinks ------------------------------------

635

On Agricultural Schools ---------------------------

67~

REPORTS OF STANDING COMMITTEES-

Academy for the Blind ----------------------------

644

Agriculture ----------------------- 213 283 452 548 805 996

Appropriations and Finance____ -451 610 612 699 700 733 955

956 994 1016 1054

Banks and Banking --------------------------- 424 570 63:~

Commerce and Labor ------------------------------ 332 7;31

Corporations ---------- 234 261 282 408 469 649 567 613 63!

682 699 730 772 804 896 995

Counties and County Matters ---------- 260 284 305 306 426 468 547 613 632 680 729 730 772 774 786 805 864 892 89~ 952 953 956 1013
Constitutional amendments ------------ 329 611 631 755 976 Education __ ---- __ 215 284 307 424 489 573 732 771 806 89~
919 953 955 980 995 1013

Enrollment -------------------------- 389 863 895 992 1088

Game and Fish ------------------- 305 573 612 701 'i71 893

General Judiciary No. 1

214 216 260 307 407 548 632

679 773 788 803 954

General Judiciary No. 2

223 330 423 468 572 700 898

Georgia State Sanitarium ------------------------- _ 10Fi Hygiene and Sanitation --------~------------------ 422 681
Insurance----------------------------- 233 699 865 893 897

Penitentiary --------------------------------------

732

Pensions-------------------------------------- 215 571 894

Privileges and Elections ----------------------- 423 549 570

IXDEX.

1.115

PriYilPges of floor --------- 27 140 141 159 160 161 175 201

228 229 245 246 255 265 272 390

Public Property ---------------------------------- 232 636 Public Roads ________ 259 260 406 571 730 755 895 898 1016

Raihoads _-------- _---------------------- _____ 306 332 732

Rules ------------------------------------- 14 201 537 669

School for Deaf and Dumb ------------------------

14

Special Judiciary _________ 141 214 234 247 258 .259 283 330

331 406 407 425 426 469 568 569 573 613 630 680 680 681

691 731 733 771 787 804 805 806 952 954 975 897 993

994 996 1017

Temperance _-------- _-------------- _--------- __ ---

56f!

l:ninrsity of Georgia ----------------- 304 547 611 697 69il

ROAD LA\\'STo amPnd for Gonlon County -----------~------ 205 263 288
s

SHAll (:<ee Game and Pish).

Sl 'IIOOLS A:'\D S('HOOL L.\ WS-

S. B. 171, to pro,ith for <hildren in adjoining districts

12

S. B. 177, to fix stnndard of consolidated schools ___ 14 217 252

Boar!ls of Etltwation, county unit plan --------------

129

.\mend sedion 14, '<'hool laws----------------- 238 309 485

Richland, npeal _____ - _----------------------- 250 285 311

Albany, amend ------------------------------- 473 489 555

Teaeh Constitution of "C". S. and of Georgia (309)____

624

Tea<h Constitution of l:. S. and of Georgia (311)---- 624 735

Teach ,.o,al music --------------------------------

751

Repeal Tom School District -------------------- 767 808 903

SOLDIERS' ll0.:\1E (see Confecle1ate Soldiers' Home).

SOLlCITORSG EXERAL-

Cherokel' Circuit, amend ---------------------- 142 42'7 456

Southern Judicial Circuit, abolish fees (S. B. 221)___

206

634 690 1041

Southern Judicial Circuit, repeal Act (S. B. 209) ____

203

634 690

1116

INDEX.

STATE BOUNDARYDetermine between Georgia and South Carolina ------ 624 735

STA'fE HIGHWAY COMMISSION-

S. B. 176, to re-organize ------ _---------------- _ 13 263 295
Abolish attorney for ----------------- _------------ 134 S. B. 207, to re-organize---------------------------- 164 734 Repeal section 3, paragraph 5 of General Act (S. B.

281) --------------------------------------------

488

SUPERSEDEAS BONDS-

P1ovide for assessment

255

T

'fAXES AND TAX LAWS-

To limit authority of counties to levy ----------- 134 756 859

Repeal Tax Equalization Act -----------------------

210

Payment of poll tax (250) --------------------- 282 576 798

Provide for tax on invisible property---------------- 488

TECHNOLOGY STATE COLLEGE-

Charge tuition

203

u

UNIVERSITY OF GEORGIA AND BRANCHESTo change Board of Trustees ---------- 206 308 582 617 658
w

WATER-

Impounded water analyzed

31

WATERWORKS-

License operators of --------------------------- 403 576 94E

INDEX.

1117

WORKMAN'S COMPENSATION LAWS-
B. B. 203, to ameJtd ---------,----------------------- 163 471 S. B. 220, to amend -------------------------------- 205 334

WOMEN (see taxes, etc.)

PART II.

SENATE RESOLUTIONS.

Inform House that Senate convened--------------------

3

Father of Senator John H. Jones ----------------------

4

Inform the Governor -----------~----------------------

4

Senator of the 11th District ----------------------------

5

Fixing time of meeting and adjournment ----------------

7

Marriage of Senator Richards and Senator Jno. H. Jones..

8

Thanking Fulton County and City of Atlanta ------------

9

Making repeal Tax Equalization Law special order______

10

Inviting Senator T. E. Watson to address General Assembly

23

Marriage of Senator Manson --------------------------

24

Secretary D. F. McClatchey ----------------------------

24

"Bonus Bill" in Congress-----------------------------

26

Adjourn over for Fourth July --------------------------

32

Attachees of Senate -----------------------------------

35

Requesting information from Department of Agriculture 133 226

State Highway Department, to make report of disburse-

Illents ------------------------------------------- 133

Floor to C. E. McGregor--------------'------------------

14\1

Floor to Judge Kuire and Lee Whitley ------------------ 140

Floor to J. R. Phillips and Col. Price -------------------- 141

Floor to Miss Bessie Kempton and Mrs. Edgar Alexander_

160

Floor to Josiah Blasingame ----------------------------

160

Floor to Mrs. W. H. Felton ---------------------------- 161

Floor to Judge George F. Gober ------------------------ 162 Hon. W. J. Harris to address General Ass.embly ---------- 162

Prevent junking A., B. & A. R. R. ------------------ 162 309 341 Floor to M. M. Haygood, Neil L. Gillis, Dan Chappell,

H. B. Baylor ------------------------------------ 176 Fixing sessions of Senate ------------------------------ 187

1118

INDEX.

Limiting debate --------------------------------------

188

S. B. 24 as special order ------------------------------

188

:F'ixing sessions of Senate ------------------------------

188

Floor Prior G. Veazey, J. H. Johnson --------------------

201

Floor H. 0. Camp ami Jerome C1awley ------------------

20H

Aecepting appropriations from U S. for maternity and

infancy----------------------------------------- 209 334

Relative to taxing soft drinks -------------------------- 218 230 Removal of Capitol relating to __:. ______________________ 219 7Hi

:F'Ioor to Ed. Pomery and Vernon Padgett _-------------- 228 220 Floor to Stafford B. Brooks --------------- __ ---------- _ :.!4il F'loor to J. C. Williams, Mrs. A. 0. Harper, W. F. Brandt,

G. G. Glenn -------------------------------------

246

Floor to Ex-Senator Edwards --------------------------

:.!ii:i

Accepting imitation Atlanta Woman's Club ______ ------

2-iS

Joint session, address of Senator W J. Harris ----------

:.!iiS

Floor to M. D. Dickerson --------------------------- __ _ 264

Floor to C. F. McLaughlin and Frank D. Foley ----------

272

Floor to P. J. Twiggs, A. S. Bradley, J. W. Rountree ____

:.!76

Ploor toW. B. Fleming, A. L. Henson ------------------ 2i9 :.!80

Judge B. H. Hill, death--------------------------------

286

Accepting imitation to Townsend----------------------

287

Appreciation of invitation of Atlanta W::oman 's Club_____

287

Floor toR. H. Baker, Miss Gussie Wall, W. H. Dorris, H. H.

Tarver ------------------------------------------

:.!88

~'1oOI to F. A. Abbott, A. G. Patterson, T. F. McParland.

J. G. Grogan, J.P. Henry-------------- 301 302 30:~ ;~04

Hec1etary of State to sign agreement Georgia Cotton

Gorwers' Association ---------------------- _-----

:304

J'loor to L. F. \\~atkins, Elias Lott, H. B. ~foss ___ -------

:~27

l''loor to Prof. J. C. Harris _---------------------- _____

:.l90

Governor to retum H. B. ,596 ___________________ :_______

402

Joe Hill Hall, death ----------------------------------

405

-~'loor to J. B: Bumside, G. W. Brown, Mrs. J. L. Rountree

4>>

Henator J. R. Thomas---------------------------------- 428

Committee to verify Department reports ---------------- 429 562

MakeS. B. 170 a special order-------------------------

42!1

.!<'loor to Mrs. W. H. Lassiter, W. P. Jackson, Mrs. P. W.

Davis -----Limiting individual

-"-sp-e-e-c-h-~-s--_-__---------

--___

---------------------------------

449 450

Committee on Pensions ---------------------------- 451 614 689

('ommittee on Trip to Savannah ------------------------

451

'fhanking Atlanta for courtesies ------------------------

456

S. B. 184 special order ___ -----------------------------

456

INDEX.

1119

~,loor to L. R. Pitts -----------------------------------

470

Floor to H. R. McClatchey, F. W. Copeland -------------- 480

Pay pe-r diem and expenses of Committe-:~ to School for Deaf 551 653

lf. L. Brittain -----------------------~----------------

555

Floor to R. C. Jones ----------------------------------

559

Floor to G. D. Domineck, Miss Ruth Steed, F. L. Cox______

581

Floor to R. C. Johnson ---------------------------------

597

Floor to J. M. Rose, T. A. Cochran ----------------------

616

Afternoon sessions ------------------------------------ 652 679

Limit debate ---------------------------- ------------ 652 679

Dan Wall---------------------------------------------

652

Senator Thomas E. Watson-----------------------------

653

Floor toW. G. Sutlive --------------------------------- 666

Request House to return S. B. 226 ----------------------

666

Afternoon sessions ------------------------------------ 652 679

Limit debate -------------------------------------"--- 652 679

House Bill 62 special order-----------------------------

687

8. B. 250 special order---------------------------------

687

Investigate State Departments ~-------------------- ---

707

Floor to W. H. Davis ----------------------------------

718

}'loor to Mrs. E. M. Thorpe, H. F. Wynne--------------- 726 727

Father of Senator Holmes _____ ------------------------

727

Distribution of coal ------------------------------- ___ _ 743

Request House to transmit H. B. 405 -------------------- 748 757

Floor to H. B. Pitt -----------------------------------

748

Floor to Mr. and Mrs. J. L. Oakes, Ex-Senator Lunsford__

761

Secretary of Senate -----------------------------------

769

},loor to D. B. Blalock, W. W. Sheppard, B. H. Moye __ 769 770 771

Father of Senator Holmes -----------------------------

785

Floor to family of Senator Pope _----------------------- 878

Doorkeepers keep doors closed -------------------------

950

Adjourn sine die, August 16, 1922 ----------------------

981

Thanks to City of Brunswick -------------------------- 918

Floor to J. C. Sipple, Fred G. Warde ---------------- 921 922 923

Death Hon. Robt. Merritt------------------------------ 922

Adjourn sine die August 16, 1922 ----------------------- 1011

Portrait of President Clay ----------------------------- 1022

Certain officials to remain over 5 days------------------ 1029

Relative to S. B. 288 ---------------------------------Thanks to officials of Senate --------------------- __ ___

1030 1065

Pledge of mutual love --------------------------------- 1066

Thanking City of Atlanta for cou1tesies ---------------1067 1085

Relative to World's Fair in Georgia 1926 --------------- 1083

Adjourn sine die -------------------------------------- 1099

112'0

INDEX.

PART III.
HOUSE BILLS.
A
APPROPRIATIONS-
South Georgia State Xormal School, Valdosta _________ 241 i09 1048 1051
Expenses of Tax Committee _------------------- 271 ~52 472 Pay interest on public debt ------------------~- 566 703 973 Appropriation for Military Deputment____ 566 709 1080 1083 Appropriation for stationery -------- 566 709 1093 1096 1097 $2,000 Expenses Mansion Leasing Committee ____ 857 883 1022 Pay deficiency of R. N. Benien, school funds ____ 926 951 1027 Pay all Confederate pensioners, old and new____ 926 951 1074 State Treasure1 to pay counties share of Natural Forest
Fund -------------------------------------- 963 998 1033 Georgia Training School for Girls _------------ 977 998 1068 Georgia Training School for Boys ------------- 978 998 1060 Georgia Training School for Mental Defectives- 978 997 1059 Department of Entomology-------------------- 978 997 1035 Expenses of Board of Regents Committee______ 983 997 1028 State Sanitarium at Milledgeville ------------- 989 998 1081 Pay public printing deficiency ---------------- 989 999 1063
AGRICULTURAL AND MECHANICS ART SCHOOL-
Establish at Forsyth -------------------------- 713 807 968 Sale of certain lands for benefit First District A. & M.
School------------------------------------- 891 960 1002
B
BOND COMMISSION-
For VVare County------------------------------ 478 489 556
BRANTLEY OOUNTY-
Col'l'ect errors in creation of ----------------------- 333 395

INDEX.
c

1121.

CATTLE (see Live Stock, Part III).

CHAR'.rERS AND CORPORATIONS, DOMESTIC AND FOREIGN-
Notice given to persons whose names used ___________ 920 951

cHARTERS AND CORPORATIONS, MUl\'ICIPAL-

Xicholson, amend ----------------------------- 221 409 438

Xoreross, amend ----------------------------------

222

Claxton, amend ------------------------------- 222 411 436

Augusta, fire department ---------------------- 224 410 435 Columbus, sale of commons (619) ----- -------~- 224 238 336

Thomasville, amend ------------------------------- 225 238

Sylvester, amend ----------------------------- 240 411 439

Washington, amencl --------------------------- 241 251 264

Pearson, amend -----.,-----------.-------------- 241 410 557

Fitzgeralcl, amend ----------------------------- 252 411 438

}'ry, antend ----------------------------------- 268 411 435 Americus, amend (H. B. 696) ------------------ 269 410 436 Wa~nesboro, amencl -------------- __ ----------- 269 409 436

Canton, re-incorporate ------------------------ 270 434 434

Atlanta, amend (629) ------------------------- 318 471 556

Colquitt, amend ------------------------------- 318 409 438

Chamblee, amend ----------------------------- 318 410 434

Columbus, sale of commons (761) --------------- 318 410 43!!

Clarkesville, amend --------------------------- 319 410 440

Whigham, amend ----------------------------- 329 410 437

Elberton, amend ------------------------------ 329 411 438

Americus, amencl (773) ------------------------ 393 576 594

Rex, repeal ----------------------------------- 393 575 745

Moultrie, amend -------------------------- -------- 409 437

Americus, amend (818) ------------------------ 454 574 595

Vidalia, create -------------------------------- 454 574 595 W~rwiek, alllend ------------------------------ 455 574 596

Bolton, repeal -------------------------------- 455 575 593 Milledgeville; amend -------------------------- 455 550 578

Atlanta, alllend (812) -------------------------- 456 575 594

St. Marys, amend ----------------------------- 540 544 579

Hazlehurst, amend --- _- ----------------------- 541 575 594 Columbus, corporate limits (860) ------- 553 575 597 618 707

Bowdon, amend __ -------------------------- __ - 565 615 657

1122

INDEX.

Ambi, amend --------------------------- __ --- 566 615 655

Blackshear, amend ---------------------------- 566 777 837

Augusta, amend (871) ------------------------ 625 '775 836 ~aeon, amend (842) -------------------------- 625 776 833 East Point, amend (897) ---------------------- 625 777 834

East Point, amend (896) ---------------------- 626 776 828

College Park, amend (758) --------------------- 626 776 794

Augusta, amend (722) ------------------------ 626 775 828

Gainesville, amend (782) ----- __ ------------------- 627 776

Jeffersonville, amend -------------------------- 628 775 827 Marietta, amend (894) __ -------------- __ ------ 628 776 838

Austell, amend ------------------------------- 628 703 745

Thomasville, amend --------------------------- 628 775 830

Hawkinsville, amend -------------------------- 629 '776 827

Ceda1town, amend --------------------------- _ 629 703 745

Greensboro, amend _--------------------------- 629 683 705

VVashington, amend --------------------------- 685 738 793 Rockledge, amend _------------------ __ ----------- 686 775 Sandersville, levy school tax _____ ------------- 686 "737 833

Nichols, amend ------------------------------- 686 775 833

Savannah, amend (85/) ------------------------ 686 736 792

Adrian, amend ------------------------------- 687 777 837

Cordele -------------------------------------- 687 775 826 Eastman, amend _____ ------------------------- 713 776 793 ~adison, amend --- __ ------------------------- 714 901 964

East Point , amend -------------------------- 741 957 1003 Cordel~ repeal (924) ------------------------- 742 777 832

Aline, repeal --------------------------------- 742 901 965 Decatur, amend (954) ----------------------------- 752 80S

Tybee, amend -------------------------------- 752 957 999 Decatur, amend (955) ------------------------- 753 789 835 Blue Ridge, amend __ --------------------- __ --- /53 790 83{

Valdosta, amend (958) ----------------------------

754

Locust Grove, amend ------------------------ 765 958 1003 Cooleclge, amend _____ ------------ __ ----------- 765 959 1000

Canon, amend ------------------------------- 766 960 1000 Donalsonville, amend --------------- ___ -------- 767 958 999

Doe Run, amend _----------------------------- 856 959 998 ~cCaysville, amend -------------------------- 856 959 1004 Danville, established ____ ----------- -----~---- _ 856 959 99~

Richland, established _____ --------------------- 857 883 964 \\. aycross, amend ----------------------- __ --------- ~57 884

Douglas, amend ------------------------------ 858 960 1001 Columbus, elect ~ayor pro tern. ---------------- 920 951 1005

Decatur, amend ___ --------------------------- 890 960 1002

INDEX.

1123

Abbeville, amend ---------------------------- 962 997 1033 Carl, amend --------------------------------- 962 997 1031 Abbeville, amend ---------------------------- 979 997 103:l
CHECKSMisdenwanor to pass fraudulent check --------- 888 957 103-1
('HILDREN (see Minor Children).

CODE AMENDMENTS--
Section 1249, Collins State Depository ---------- 54.1 635 692 Rection 6065, offic.ial organs (863) -------------- 685 702 74a Amend, road duty in ~trtain coun tits (937) Carroll
County ------------------------------------- 742 789 902 Section 1249, Crawford State Depository -------- 766 899 96il Section~ 696 and (ifJ7, public roads------------------ 856 900 Seetion 755, defining cruelty ------------------ 963 998 1064

COMMISSIONERS OF ROADS AND REVENGES-

Appling, amend __________ -------------------- 223 251 264

Elbert County, create ------------------------- 239 293 311 Baldwin County, pay fees ------------------~--- 240 293 314 Jasper County, create-------------------------- 240 428 458

Colquitt {'ount.v, amend ------------------------ 241 293 314 Evans County, amend -------------------------- 251 293 315 Jasper County, popular vote ------------------- 271 427 459 Appling County, ereate _---------------------- ____ _ 272 Chatham Count~, tolleet taxes quarterly ------------ 292 313 Jenkins County, amend------------------------ 477 615 657 Walker County, Ordinary (785) ---------------- 478 615 657 Walker Count~, amend ------------------------ 478 615 658

Ben Hill County, amend ---------------------------

478

Paulding County, abolish ---------------------- 539 550 579

Lowndes County, amend ---------------------- 627 789 830

Pulaski County, amend _____ ------------------- 627 736 795

Tattnall County, amend (876) ------------------ 627 777 828

Tattnall County, road laws (877) -------------- 627 777 827

Morgan County, amend ------------------------ 628 737 794

Greene County, amend-----------------------------

629

Jones County, amend -------------------------- 629 736 797 Wilcox County, repeal ------------------------ 741 789 832 Wilcox Count.' C'I'Pate ------------------------- 741 788 829

1124

INDEX.

Atldnsou County, amend ---------------------- 742 778 837 Candler County, amend ----------------------- _ 742 .788 831 Jeff Davis County, create ---------------------- 743 777 829 Appling County, amend----------------------- 765 808 902 Wilkes County, amend ------------------------ 766 865 901 Lamar County, create------------------------ 857 1014 1031 Cobb County, repeal ---------------------- _- ------ _ 858 Lee County, amend ---------------------------- 866 900 966 Jeff Davis County, repeal---------------------- 889 957 1000 Glascock County, repeal ---------------------- 891 958 1002

CONJ<,EDERATE SOLDIERS' HOMEAmend Act to create ----- -----------~-------- _ 714 901 972

CONSTITUTIONAL AMENDMENTS-

Article 8, section 4, paragraph 2, electiens _-------- 224 1062

Amend, biennial sessions---------------------- 329 757 1069

Amend, salary Judge Augusta Circuit ---------- 625 683 706

Amend, salary Judge Columbus Superior Court __ 626 756 1024

Amend, so as to co_llect income tax _---------------

741

COSTS-
Payment of in misdemeanor cases. (H. B. 781), Jasper County ------------------------------------- 540 635 704
COTTON A?\D COTTON SEED-
COUXTY AND COUN'L'Y MATTERSPrevent levy of certain tax in Grady County ____ 222 702 744 Glynn County, certain marsh lands _------------- 223 237 253 Glynn County, construct certain roads ---------- 223 237 254 Fulton County, provide sanitation -------------- 591 703 746 Fulton County, provide for paupers ------------ 591 703 744 Bibb County, Macon Hospital ------------------ 626 807 903 },ulton County, bailiff's compensation ---------- 686 737 79! Muscogee County, place of holding sales -------- 753 788 838 Chatham County, precinct voting -------------- 858 900 967 Provide suitable quarters for J. P. Courts ______ 879 997 1032
COUNTY DEPOSITORIES-
Campbell County, establish -------------------- 222 575 592 Burke County, establish at Waynesboro -------- 224 427 459

J~DEX.

1125

COU:\"TY SITE-

Fr{)m Morgan to Arlington------------------------- 223 842

--------~---- COU:~TY TREASURERSCampbell County, abolish

\ ------- 221 293 31:5

Schley County, salary ------------------------- 225 309 339

Taylor County, abolish ------------------------ 479 550 580

Taylor County, create ------------------------- 478 550 579

Pulaski County, amend ------------------------ 629 737 796

Franklin County, amend ----------- _----------- 754 789 830

.Jackson County, abolish ------------ "-------------- 890 958

COURT!->, CITY AND COUNTY-

Ashburn, repeal ------------------------------ 225 251 264 Thomasville, amend ------------------------------- 225 254 Hazlehurst, abolish --------------------------- 242 263 294 Claxton, amend ------------------------------ 242 253 265 Dawson, amend ------------------------------ 251 333 394 Statesboro, amend (714) ---------------------- 269 410 431 Statesboro, ameml (681} ---------------------- 270 409 44y Swainsboro, terms of -------------------------- 270 428 457 Oglethorpe, amend ---------------------------- 393 428 458 Metter, amend -------------------------------- 455 683 706 Claxton, amend ------------------------------- 455 683 705 Barrow County, establish ---------------------- 455 473 535 Hall County, amend _-------------------------- 456 472 535 Toombs County, abolish------------------------ 477 635 693
Lyons, create --------------------------------- 477 635 692 Sandersville, amend --------------------------- 539 635 693 Houston Count~, amencl ----------------------- 477 683 705. Louisville, amen<l ___ -------------------------- 477 683 704 Cleveland, repeal ----------------------------- ____ _ 753
Quitman, amend ---------------,--------------- 752 778 834 Decatur, establish ---------------------------- 767 808 903 Louisville, am<..'nd ----------------------------- 858 899 967 Cail"o, amend -------------------------------- 889 959 1003

COURTS, MUXICIPAL-

Columbus, amend --------------------- -------- 223 334 394

Atlanta, amend (H. B. 572) -------------------- 250 333 395

Atlanta, amend (672) -----------------------------

889

.1126

I 'OURTS, SUPERIOR-

Baker County, change time -------------------- 241 263 2H-l

Wheeler County, change time-----------------------

241

'l'attnall County, two te1ms ------------------- _ :?42 26:{ :?H4

\\'~alton County, change time ------------------ :?71 26:1 :131

St('phens County, change time ------------------ J39 635 ()91

Wilcox County, change tf:'rms ------------------ 152 78H 8:{1
Jeff Davis ('ounty, fix tt'I'111S ------------------- 752 789 sa;;

CRIMERtlativt to per~ons convicted of ------------------- il-l IIi/.

ELEC'flOX AXD J;LE<'TIOX LAWSClosing polls in s<l:ool bond elections _--------- _ :.!70 a:;:; ::;g.:;

.i''EESTo fix .for cl('rks of Hupetior Cotut in tertain I'OUntits ---------------------------------------- :!6$) 411 :;34
FEXCE LAWRelatin to \'oting on ______ ------------------- .)-W .;:jO 100:;
J>IRY.~ I'ROTE<''fiOXHt>quin to lnlilcl hous<'s for _------------------- 1:;:-: il5i:l 1001

G

GX~fE AND PISH-

Xon-residents, fishing licensf:' in Camden County_ 2;31 !l89 100-l

Xon-residents. fishing license in Brantley Count~---

270

Prohibit fishing in Brastown Creek ------------ 477 776 fl()fi

Prol1ibit seining, n('tting, etc., of fish ---------- 713 7/H H69

Xon-residt>nt fishing lie('nse in l'hnrltoa Count.v ------

itili

INDEX.

1127

GEORGIA BARRelative to rdmission to --------------------------- 889 959

GEORGIA CHILDRES'S CODE COMMISSION-

To create----- ----------------------------------

338

GEORGIA ~ULl'J'ARY COLLEGE- Provide. local board of trustees --------------------- 550 578

GEORGIA SCHOOL 0~' TEC'HXOLOGYTo charge tuition ------------------------- --- 567 615 968

GOLt:CKE, ALVlX G.~ubmits protest

1014

GRAND JURIES-Providing el1ange of ,-~nue --------------------- 715 899 970

H HOTELS, INNS, ETC.-
Define liability of hotel keeper< -------------- 890 9i6 1037 I

1:\SURAXCE-
Amend Act creating Department (561) ------ __ 715 900 968 Appoint aaditional fi1e inspector --------------- 857 900 970

J

JEWELERS-

Create lien for ------------------------------------

591

JURY COMMISSIONERSCompensation in DeKalb County --------------- 224 737 796

1128

1}-.TJJEX.

L

LIVE STOCK-

Unlawful to kill cattle in Liberty County --0 0----0

540

Prevent shipment of tick-infested cattle --o-ooo-oo-- 891

l\ MIXOR CHILDREN-
Helating to pladng out of minor chiluren ---- 0 - 890 958 1O:l

0
O.I:'TOMETRY-
Anwnrl Ad to regulate practi~e of ----------oo--o --- 9(;:)

R
HAILROAD COMMISSIOX-
Change name of -------- 0-00 ---"-------------- 685 738 880
RAILROADS AXD Sl'HEE'l' RAILROADS-Allow to sell unclaimed frl!ight ---------------- 221 33:3 fl74
Passes to sheriffs -0-----------------o-o-------- 222 333 97fl
RELIEF OX BONDS--
Perry Hendrix _0------------- -~ __ 0-----------0 2il 807 969
J. B. Hall ---------------------------------- H->1 1014 JO!il
s
SAXITORIUM AT AL'l'OPermit municipdities to aid _------------ _____ 767 807 1062
SCHOOL A:'\D SCHOOL LAWS--
Warrenton, amend 0-----------------------oo-- 220 285 333 Stapleton, abolish ----------------------0------ 240 410 4;1:;

IXDEX.

1129

Lyons, abolish _____ --.------------------------ 269 285 314

(anton, amend _--------,----------------------- 270 285 313

Abbeville, repeal ------------------------------ 393 428 459

Hichland, repeal.-----------------------------------

393

Alamo, repeal ------- ____ ---------------------- 394 428 458

Inman Sehool Dishiet, incorporate -----------------

477

How tax collectors shall settle school funds __________ 540 575

Temperance Day in schools ------------------- 576 iss -1064

School site on State Farm ------------------- _ 715 738 1037 Tea("h vocal music, Ben Hill County (87:3) ------ 751 778 965

Hazlehurst, amend ---------------------------- 753 778 835

Canon, amend ----- -------------------------- 766 899 966

Board of Education, Savannah ---------------------

858

Vocal music in sehools (107) ------------------ 880 883 1087

Board of Education for Lama1 County ___ ----- 889 1014 1032

Consolidated schools (931) -------------------- 891 959 1035

Issue bonds for joint high schools ------------------

891

Sylvania, repeal ----------------------------- 962 997 1034

SOLl<"ITORS-GEXERAL-

Tallapoosa Cir('uit, abolish fees --------------------

225

::\lacon Circuit, salary ------------------------- 539 574 596 Xortheastern Cirl"uit, repeal Act to abolish ______ 553 577 595

Augusta Circuit. salary ------------------------ 715 737 796

Augusta Judicial <"ircuit, amend _---------,---- _ 866 897 96i

1-'lO"C"TH GEORGIA COLLEGE, \-ALDOSTATo d~tlll!("<' nanll' -------------------------- 565 702 744 768

~TATE IJIGHWA\"" DEP.ARTMEXT-
To reorganize (796) ---------------------- 765 900 952 1084 To aml'nrl to rl'organize (210) --------------------- 926 1076

TAX ('OLLE<''l'OHI:'::'11 adl' ex -offi tio slwriffs

239 790 831

Repeal tax equalization law ------------------ 591 702 1008 Tax Gyp,~ horse traders --------------------------- 713 737 Amend tax on fuel oils ------------------------ 714 738 985 Poll tax, wom<'n (626) ------------------------ 765 958 1029

1~30

INDEX.

Amend tax Aet, bill boards ------~----------------- 856 98;i Authority to counties to levy educa.tionul tax____ 888 \}60 1031

v

Amond Aet e1eating

iVi

WORKMAX'S COMPEXSAT.lOK-
Ameiid Ia1r of (726) -------------------------- 713 756 984 Amend law of, salaries (680) ------------------ 714 756 980

PART IV.

HOUSE &!:SOLUTIONS.

Providing for joint session, Governor's address --------

6

Relative to He11ry Ford and Musele Shoals --------------

~1!

Relative to Hall of Fame ----------------------------- !!0 ~81)

AJneriean Legion --------------------------------------

~JJ

Accepting invitation to Savannah ---------------------- -l:H.

Thanking Atlanta fo1 courtesies ----------------------- -l80

Investigate Highway Department ---------------------- Z34l Hl4 Fix State line between Georgia and T~:>nnel!See ------ 553 900 \l(ii

Aeeeptiug imitatiou to go to Bmnswie.k ----------------

llat

Distdbution of eoal in State ---------------------- 687 703 72.l

Correct error in loeal Act for Dougherty <Jaunty --------- illi

Provide for survey of colony lands ---------------- 754 998 1036

Library for Judge Southern District .Federal Court 890 1017 101i

Miss W!yly for composing the song "Georgia'' ---------- lO!ili

Joint eOUlmittee to notif,v Governor -------------------- l09fl